Agenda and draft minutes

The Mayor welcomed all councillors, especially new councillors elected at the May 2023 elections, officers and members of the public to the meeting. She summarised some of the highlights from her 75 civic and community engagements over the past five months and thanked all those who had already supported her charity appeal and reminded those present of opportunities to do so at the future events including the Christmas concert and charity ball.

She informed members of the recent death of Mrs Sue England, the wife of former Councillor John England, and expressed on behalf of council its thoughts and prayers for John and his family at this sad time.

The Mayor also informed the council that this meeting was likely to be the last ordinary meeting that Will Bell, the council’s Assistant Director: Governance and Partnerships and Monitoring Officer would be presiding at and on behalf of all members past and present thanked him for his integrity and advice at council meetings over the years, and wished him well in his promotion at Lincolnshire County Council.

Member                                                Subject/Minute

Councillor M Ali                                     Taxi Licence Holder with schools’ transport contract

Councillor J Briggs                                Humberside Fire Authority

Councillor J Davison                             Bottesford Town Council

Councillor T Ellerby                               Burringham Parish Council

Councillor T Foster                                Messingham Town Council and supporting parish councils in his ward

Councillor D Garritt                                Kirton-in-Lindsey Town Council and supporting parish councils in his ward

Councillor T Gosling                               Gunness Parish Council

Councillor R Hannigan                          Kirmington and Croxton Parish Council

Councillor J Kennedy                            Supporting parish councils in her ward

Councillor E Marper                               Winterton Town Council

Councillor T Mitchell                              Belton Parish and Epworth Town Councils

Councillor R Ogg                                   Winterton Town Council

Councillor C Patterson                           Barton Town Council

Councillor N Poole                                 Messingham Parish Council

Councillor J Reed                                  Supporting parish councils within her ward

Councillor D Robinson                           Belton Parish Council

Councillor D Rose                                 Supporting parish councils in his ward and North Lincolnshire and Yorkshire and Humber CPRE

Councillor C Ross                                 Broughton Town Council and Scawby Parish Council

Councillor H Rowson                             Winterton Town Council

Councillor C Sherwood                          Brigg Town Council

Councillor N Sherwood                          Brigg Town Council

Councillor K Vickers                               Barton Town Council

Councillor P Vickers                               Barton Town Council

Councillor J Walshe                              Supporting parish councils in his ward

Councillor R Waltham MBE                   Brigg Town Council and supporting other parish councils in his ward

Councillor D Wells                                 Barnetby-le-Wold Parish Council and Kirmington and Croxton Parish Council

That the minutes of the Ordinary Meetings of the Council held on 5 December 2022, 13 February 2023 (budget meeting) and Annual Meeting of 18 May 2023 having been circulated amongst the members, be taken as read and correctly recorded and be signed by the Mayor.

The Assistant Director: Organisational Development submitted a report informing Council that the Appointments and Employment Committee had met on 14 September 2023 and approved temporary changes to the senior management structure of the council in order to ensure the capacity at a senior level to discharge statutory responsibilities and ensure appropriate cover arrangements were in place. Part of those temporary changes included the Director: Economy & Environment (now Director Outcomes) be appointed as the Head of Paid Service (including Returning Officer) on an interim basis until the chief executive recruitment process had been concluded and a new Chief Executive was in place. Council was required to consider and approve the appointment of the Council’s Head of Paid Service before an offer of appointment was made.

Resolved – That the interim appointment to the Head of Paid Service (including Returning Officer) until a new Chief Executive is in place be approved.

The Director: Children and Families submitted a report seeking council’s approval of the North Lincolnshire Youth Justice Plan 2023/24 which was attached in an appendix and set out the shared ambition and priorities of the North Lincolnshire Youth Justice Partnership.

The Director in her report explained that Section 40 of the Crime and Disorder Act 1998 stated that it was the duty for each local authority, after consultation with the partner agencies, to formulate and implement an annual youth justice plan setting out:

·       how youth justice partnerships in the area are provided and funded

·       how the Youth Justice Partnership is composed and funded, how it operates, and the functions it carries out.

In March 2023 the Youth Justice Board (YJB) provided updated guidance on the required format and contents of youth justice plans. This included a new template that had to be utilised to support and facilitate the YJB oversight and analysis of plans. Annual youth justice plans were an opportunity to review performance and developments over a single year period and plan for the next year. This allowed partnerships to be able to respond to any changes that had taken place in the previous year, including new legislation, demographic changes, delivery of key performance indicators, and developments in delivery. The planning and production of a youth justice plan was beneficial to partnership working and partnership delivery to ensure the best outcomes for children. The annual youth justice plan considers local and regional priorities including:

·       Reducing first time entrants to the youth justice system

·       Reducing the use of custody

·       Reducing reoffending rates

The report confirmed that localised priorities had been reviewed and updated. Individual partner board members had been identified as leads and had responsibility for providing regular updates at each board meeting outlining the progress against their lead priority area, ensuring accountability across the partnership board. The plan set out the local key priorities as:

·       Diversion and Out of Court

·       Reduction of Child Exploitation and Serious Violence

·       Transition to Adulthood process

·       Engagement in Education, Employment and Training

·       Improve the Emotional and Physical Health of children involved with youth justice.

·       Diversity and Disproportionality

Associated grant and resources were also outlined in the report.

Resolved – That the North Lincolnshire Youth Justice Plan 2023/24 which is a key document in the delivery of youth justice provision in the area be approved.

The Director: Outcomes submitted a report informing Council of the Treasury arrangements, activity and performance during 2022-23. The key issues covered in the attached appendix to the report were as follows –

·       Capital Expenditure is financed by capital resources, cash resources and external borrowing. The Council’s capital expenditure during 2022/23 amounted to £39.73m, an increase of £11.05m from 2021/22.

·       Investment returns picked up throughout 2022/23. The Council maintained an average balance of £56.91m of internally managed funds and earned an average rate of return of 1.88%.

·       The Council maintained an under borrowed position during the year. This meant that the capital borrowing need (CFR requirement) was not fully funded with loan debt as cash supporting the Council reserves, balances and cash flow was used.

·       During 2022/23 the Council repaid £8.05m at scheduled repayment dates.

·       The cost of servicing the council’s debt was 6.6% of the council’s net revenue stream which was below 12% of the net revenue stream, seen as the maximum affordable level.

·       No loans were drawn during the year.

·       No loans were drawn in advance of need and no debt rescheduling was carried out.

·       Investment income was £1.068m compared to a budget of £0.200m.

The Director reminded members Council had nominated the Audit Committee to be responsible for ensuring effective scrutiny of treasury management arrangements.

Resolved – That the Treasury Management Performance for the 2022/23 financial year be noted.

The Director: Outcomes submitted a report which presented to Council the fifth annual report of the Audit Committee. It summarised the activities of the committee and demonstrated how it had discharged its duties for the period May 2022 to May 2023. A copy of the annual report was attached as an appendix.

The report stated that the annual report of the Audit Committee was considered good practice and provided a mechanism to demonstrate transparently the effectiveness of the committee and provided assurance on the effectiveness of its role.

The annual report had been approved by the Audit Committee at its meeting of 15 March 2023 and recommended that it be presented to Council in support of the requirements of the Council’s Code of Governance.

Resolved – That the annual report of the Audit Committee for 2022/23 be received.

The Monitoring Officer submitted a report requesting that Council receive the annual report of the Standards Committee under the Council’s Standards Arrangements for the period 1st July 2022 to 30 June 2023 and consider a review of Part E Code 3 ‘Protocol on Member/Officer Relations’ in accordance with Article 15 (15.01) ‘Review and Revision of the Constitution’.

The Monitoring Officer in his report explained that the annual report attached as an appendix to his report was the eleventh annual report of the Standards Committee under its Standards Arrangements pursuant to the Localism Act

2012 and detailed the work and activities of the Standards Committee throughout that time. The Standards Committee approved the report at its meeting on 29 June 2023 with a request that the Monitoring Officer provide a copy to all Town and Parish Councils in the area.

The Monitoring Officer would continue to deal with relevant legislation and guidance, deal with complaints against councillors, and provide training to North Lincolnshire Council and town and parish members and clerks, using the report to inform the itinerary. Training had been delivered in person and remotely this year on 6 and 7 September 2023 with over 60 councillors in attendance across both sessions. Also, an online training package was also being developed by Democratic Services, which would be available to all councillors across North Lincolnshire in the coming months.

The report of the Monitoring Officer also stated that in accordance with good practice to review regularly codes and protocols contained within Part E of the council’s Constitution, the Leader of the Council and his Executive had requested that Part E Code 3 ‘Protocol on Member/Officer Relations’ be reviewed. Complying with the requirements of Article 15 (15.01) ‘Review and Revision of the Constitution’ this review would be carried out through the Standards Committee and its recommendations reported to the December meeting of the Council for approval.

Resolved – (a) That the report of the Standards Committee for the period 1 July 2022 to 30 June 2023 be received, and (b) that a review of Part E Code 3 ‘Protocol on Member/Officer Relations’ be carried out in accordance with paragraph 2.5 of the Monitoring Officer’s report.

The Director: Outcomes submitted a report on the requirement to carry out a compulsory review of local UK Parliamentary Polling Districts and Polling Places in North Lincolnshire in accordance with the Electoral Registration and Administration Act 2013 which introduced a timescale for compulsory reviews of UK Parliamentary Polling Districts and Polling Places. The next compulsory review must commence and be completed between 1 October 2023 by 31 January 2025 (inclusive). (Subsequent compulsory reviews must be started and completed within the period of 16 months that starts on 1 October of every fifth year after 1 October 2013).

The Director in her report explained that the review was carried out in accordance with guidance received from the Electoral Commission which specified legislative requirements, especially accessibility and indicates that local authorities would need to decide when to carry out the review within the specified period taking into account other statutory duties and processes being carried out in that time period and how the review would fit into these. In particular, in the review period the following would need to be considered –

·       The Canvass

·       Publication of the Electoral Register

·       Elections during the review period

·       Scheduling approval of the review proposals by Council

·       Changes to electoral parliamentary boundaries

The report stated that the compulsory review related specifically to the review of polling districts and polling places in relation to parliamentary elections. Polling districts and polling places for other elections were not automatically part of the compulsory review. However, as polling districts and polling places for other elections are based on UK parliamentary polling arrangements, the requirements of any other elections that were held within the local authority area would be taken into consideration as part of the review.

As a consequence of the recent Local Government Boundary Commission for England’s (LGBCE) a review of electoral arrangements in North Lincolnshire was carried out in the summer of 2022, its recommendations approved by Council at its meeting on 18 October 2022 and applied during the local district elections in May 2023. Although statutory requirements and associated guidance would have to be completed, it was anticipated that the work carried out during the recent summer review would reduce the timescale required for this compulsory review. It was likely therefore the review would have no impact on the Police and Crime Commissioner elections in May 2023 and should be completed before forthcoming parliamentary elections.

Resolved - That the statutory requirement to carry out a compulsory review of parliamentary polling districts and polling places in North Lincolnshire within the specified period 1 October 2023 to 31 January 2025 (inclusive) be noted.

The Director: Outcomes submitted a report requesting Council to consider undertaking a Community Governance Review of Parish Councils in North Lincolnshire, consider and approve proposed draft Terms of Reference of the review at appendix 1 of the report, and authorise the Governance Scrutiny Panel to carry out the review and submit its recommendations to Council within required statutory timescales.

The Director in her report explained that Part 4 of the Local Government and Public Involvement in Health Act 2007 (the 2007 Act), relevant parts of the Local Government Act 1972 and guidance issued in 2010 by the Department of Communities and Local Government and the Local Government Boundary Commission for England allowed for, place a responsibility on and guide principal councils on undertaking Community Governance Reviews (CGR) of parishes(town/parish councils) within their district boundary. The 2007 Act enables principal councils to carry out a review of the whole or part of the district to consider one or more of the following –

·       Creating, merging altering or abolishing parishes

·       The naming of parishes and the style of any new parishes

·       The electoral arrangements for parishes ie. the ordinary year of election, council size, the number of councillors to be elected to the council and parish warding,

·       Grouping of parishes under a common parish council or de-grouping parishes

A CGR must –

·       Reflect the identities and interests of the communities in that area, and be effective and convenient.

Consequently, a CGR must take into account –

·       The impact of community governance arrangements on community cohesion and

·       The size, population and boundaries of a local community or parish

A CGR provided an opportunity for principal councils to review and make changes to community governance in their areas. Such reviews could be undertaken when there have been changes in population for example, or in response to specific, or local issues to ensure that the community governance in the area continues to be effective and convenient and reflects the identities and interests of the communities involved.

The report stated that following the implementation of the recommendations of the CGR carried out for North Lincolnshire Town Councils in May 2019, a number of parish councils had liaised, and expressed preferences with the Council regarding their electoral arrangements, numbers of councillors and community representation. Also, following the recent periodic electoral review of North Lincolnshire and implementation of its recommendations in May 2023 it was appropriate and timely to consider undertaking a CGR of these arrangements, apply a consistent approach and enhance the opportunity for democratic elections by conducting a review of parish councils across North Lincolnshire. The proposed terms of reference of the CGR were attached as appendix 1.

During a CGR the council would need to consult local people and take account of any representations received in connection with the review. Before making any recommendations or publishing final proposals, the council would take account of the views of local people in the parishes and would need to comply with the statutory consultative requirements set out in  ...  view the full minutes text for item 2929.

Planning Committee -

(30 November 2022, 11 January, 8 February, 8 March, 7 June, 4 July, and 2 August 2023)

Licensing Committee -

(1 December 2022, 12 and 19 January, 2 February, 16 and 30 March, 15 June, 20 July, 2 and 25 August and 8 September 2023)

Audit Committee -

(23 November 2022, 25 January, 15 March and 12 July 2023)

Standards Committee –

(12 December 2022, 19 January, 7 and 15 March, 29 June (x2), 10 July and 6 September 2023)

 Health Scrutiny Panel –

 (25 November 2022,19 December, 26 January and 6 March 2023)

 Health, Integration and Performance Scrutiny Panel

 (27 July 2023)

 Governance Scrutiny Panel

 (26 January, 12 July (x2), 25 July and 14 August 2023)

 Places Scrutiny Panel

 (6 and 28 February, 7 March, 12 and 19 July 2023)

 Children and Education Scrutiny Panel

 (30 November, 7 December 2022, 17 January, 14 February and 29 March 2023)

 Children’s Scrutiny Panel

 (27 July and 13 September 2023)

 Appointment and Employment Committee

 (19 June, 12 July and 14 September 2023).

 Health and Wellbeing Board

 (18 November 2022, 30 January, 6 March and 19 June 2023)

Resolved – That the minutes of the meetings of the Planning Committee held on 30 November 2022, 11 January, 8 February, 8 March, 7 June, 4 July and 2 August 2023 be received with the exception of minutes 2335 and 6b -

With regard to the excepted portion (a) it was -

Moved by Councillor N Sherwood and seconded by Councillor C Ross -

That the minute be received.

Motion Carried

With regard to the excepted portion (b) it was -

Moved by Councillor N Sherwood and seconded by Councillor C Ross -

That the minute be received.

Motion Carried

Resolved - That the minutes of the meetings of the Licensing Committee held on 1 December 2022, 12 and 19 January, 2 February, 16 March and 30, 15 June, 20 July, 2 and 25 August and 8 September 2023 be received.

Resolved – That the minutes of the meetings of the Audit Committee held on 23 November 2022, 25 January, 15 March and 12 July 2023 be received, approved and adopted with the exception of minutes 696 and 734 –

With regard to the excepted portion (a) it was -

Moved by Councillor K Vickers and seconded by Councillor T Foster -

That the minute be received.

Motion Carried

With regard to the excepted portion (b) it was -

Moved by Councillor K Vickers and seconded by Councillor T Foster -

That the minute be received.

Motion Carried

Resolved – That the minutes of the meetings of the Standards Committee held on 12 December 2022, 19 January, 7 and 15 March, 29 June (x2), 10 July and 6 September 2023 be received with the exception of minutes 446 and 458 –

With regard to the excepted portion (a) it was -

Moved by Councillor N Poole and seconded by Councillor D Wells -

That the minute be received.

Motion Carried

With regard to the excepted portion (b) it was -

Moved by Councillor N Poole and seconded by Councillor D Wells -

That the minute be received.

Motion Carried

Resolved – That the minutes of the meetings of the Health Scrutiny Panel held on 25 November and 19 December 2022, 26 January and 6 March 2023 be received with the exception of minute 664 –

With regard to the excepted portion (a) it was -

Moved by Councillor T Mitchell and seconded by Councillor C O’Sullivan -

That the minute be received.

Motion Carried

Resolved – That the minutes of the meeting of the Health Integration and Performance Scrutiny Panel held on 27 July 2023 be received with the exception of minute 4 –

With regard to the excepted portion (a) it was -

Moved by Councillor D Robinson and seconded by Councillor C O’ Sullivan -

That the minute be received.

Motion Carried

Resolved – That the minutes of the meetings of the Governance Scrutiny Panel held on 26 January, 12 July (x2), 25 July and 14 August 2023 be received with the exception of minute 159 –

With regard to the excepted portion (a) it was -

Moved by Councillor H Rowson and seconded by Councillor A Davison -

That the minute be received.

Motion Carried

Resolved – That the minutes of the meeting of the Place(s) Scrutiny Panel held on 6 and 28 February, 7 March, 12 and 19 July 2023 be received.

Resolved – That the minutes of the meetings of the Children and Education Scrutiny Panel held on 30 November and 7 December 2022, 17 January, 14 February and 20 March 2023 be received with the exception of minute 139 –

With regard to the excepted portion (a) it was -

Moved by Councillor T Foster and seconded by Councillor L Yeadon -

That the minute be received.

Motion Carried

Resolved – That the minutes of the meetings of the Children’s Scrutiny Panel held on 27 July and 13 September 2023 be received with the exception of minute 15 –

With regard to the excepted portion (a) it was -

Moved by Councillor T Foster and seconded by Councillor L Yeadon -

That the minute be received.

Motion Carried

Resolved – That the minutes of the meetings of the Appointment and Employment Committee held on 19 June, 12 July and 14 September 2023 be received with the exception of minutes 92 and 95 –

With regard to the excepted portion (a) it was -

Moved by Councillor R Waltham MBE and seconded by Councillor R Hannigan -

That the minute be received.

Moved by Councillor L Foster and seconded by Councillor S Swift as an amendment-

That the minute be received with regret at the decision arrived at by the committee.

Amendment Lost

Motion Carried

With regard to the excepted portion (a) it was -

Moved by Councillor R Waltham MBE and seconded by Councillor R Hannigan -

That the minute be received.

Moved by Councillor L Foster and seconded by Councillor S Swift as an amendment-

That the minute be received with regret at the decision arrived at by the committee.

The names of members voting for, against and abstaining from the motion are as follows :–

FOR:                      Councillors Armiger, Briggs, Clark, J Davison, T Foster, Garritt, Hannigan, Kennedy, Longcake, Marper, Mitchell, Ogg, Patterson, Poole, Reed, Robinson, Rose, Ross, Rowson, C Sherwood, N Sherwood, K Vickers, P Vickers, Walshe, Waltham MBE and Wells.

AGAINST:              Councillors Ahmed, Ali, Bell, A Davison, Ellerby, L Foster, Gosling, Grant, Matthews, O’Sullivan, Rayner, Southern, Swift, Yates and Yeadon,

ABSTAINING:       Nil

Amendment Lost

Motion Carried

Resolved – That the minutes of the meetings of the Health and Wellbeing Board held on 18 November 2022, 30 January, 6 March and 19 June 2023 be received with the exception of minutes 476, 478 and 525 –

With regard to the excepted portion (a) it was -

Moved by Councillor R Waltham MBE and seconded by Councillor R Hannigan -

That the minute be received.

Motion Carried

With regard to the excepted portion (b) it was -

Moved by Councillor R Waltham MBE and seconded by Councillor R Hannigan -

That the minute be received.

Motion Carried

With regard to the excepted portion (c) it was -

Moved by Councillor R Waltham MBE and seconded by Councillor R Hannigan -

That the minute be received.

Motion Carried