Agenda and minutes

1.1     The Convener advised that Mr Rob McCulloch-Graham was retiring from his post as Chief Officer for Health & Social Care.  Mr McCulloch-Graham had had a long career in public service and on behalf of the Council he wished him a long and happy retirement.

1.2     The Convener congratulated Councillor Scott Hamilton on his recent marriage in Cyprus to Camilla.

1.3     The Convener paid tribute to the work of staff during the overnight flooding issues in Hawick and Peebles.

DECISION

AGREED that congratulations be passed to those concerned.

Consider Minute of Scottish Borders Council held on 23 September 2021 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 23 September 2021 was considered. 

DECISION

AGREED that the Minute be approved and signed by the Convener.

Consider Minutes of the following Committees:-

(a)     Local Review Body                                            16 August 2021

(b)     Hawick Common Good Fund                             17 August 2021

(c)     Chambers Institution Trust                                 18 August 2021

(d)     Peebles Common Good Fund                           18 August 2021

(e)     William Hill Trust                                                24 August 2021

(f)      Lauder Common Good Fund                             24 August 2021

(g)     Tweeddale Area Partnership                             24 August 2021

(h)     Selkirk Common Good Fund                              31 August 2021

(i)      Duns Common Good Fund                                2 September 2021

(j)      Berwickshire Area Partnership                           2 September 2021

(k)     Teviot & Liddesdale Area Partnership               7 September 2021

(l)      Galashiels Common Good Fund                       9 September 2021

(m)    Executive                                                           14 September 2021

(n)     Major Contracts Governance Group                  14 September 2021

(o)     Kelso Common Good Fund                               14 September 2021

(p)     Pension Fund                                                     16 September 2021

(q)     Sustainable Development                                  17 September 2021

(r)      Audit & Scrutiny                                                 20 September 2021

(s)     Eildon Area Partnership                                     23 September 2021

(t)      Planning & Building Standards                          4 October 2021

(Please see separate Supplement containing the public Committee Minutes.)

The Minutes of the following Committees had been circulated:-

Local Review Body                                                      16 August 2021

Hawick Common Good Fund                                      17 August 2021

Chambers Institution Trust                                          18 August 2021

Peebles Common Good Fund                                     18 August 2021

William Hill Trust                                                          24 August 2021

Lauder Common Good Fund                                       24 August 2021

Tweeddale Area Partnership                                       24 August 2021

Selkirk Common Good Fund                                       31 August 2021

Duns Common Good Fund                                         2 September 2021

Berwickshire Area Partnership                                    2 September 2021

Teviot & Liddesdale Area Partnership                         7 September 2021

Galashiels Common Good Fund                                 9 September 2021

Executive                                                                     14 September 2021

Major Contracts Governance Group                           14 September 2021

Kelso Common Good Fund                                         14 September 2021

Pension Fund                                                               16 September 2021

Sustainable Development                                           17 September 2021

Audit & Scrutiny                                                           20 September 2021

Eildon Area Partnership                                               23 September 2021

Planning & Building Standards                                    4 October 2021

DECISION

APPROVED the Minutes listed above subject to paragraph 4 below.

Consider the recommendations made by the Executive Committee at the meeting held on 14 September 2021 relating to an amendment to the Procurement & Contract Standing Orders.  (Copy attached.)

There had been circulated copies of a recommendation by the Executive Committee at its meeting held on 14 September 2021 relating to an amendment to the Procurement and Contract Standing Orders regarding the method of appointing consultants.

DECISION

AGREED to approve the amendment of the Procurement & Contract Standing Orders to provide for the approval by Directors of the appointment of consultants.

Consider the following reports:-

(Copies attached with the exception of (j) Bridge Homes LLP which is to follow.)

There had been circulated copies of a report by Audit Scotland, the Council’s Auditors, together with a report by the Director, Finance and Corporate Governance, and a copy of the Annual Accounts 2020/21.  The Director’s report explained that the audit appointment of Audit Scotland for Scottish Borders Council accounts included the requirement to provide an auditor's report for the Council as well as related charities.  KPMG had continued to provide the external audit of the Council subsidiary Bridge Homes.  2020/21 represented the fifth year of Audit Scotland undertaking the External Audit of the Council’s Annual Accounts with the process now completed.  Audit Scotland had prepared the Annual Audit Report and had provided an unqualified independent audit opinion.  The Annual Audit Report summarised Audit Scotland’s conclusions, including:

·                An unqualified audit opinion;

·                Audit Scotland concurred with management’s accounting treatment and judgements;

·                Audit Scotland concluded positively in respect of financial management, financial sustainability, governance and transparency and best value.

Audit Scotland identified six recommendations for improvement requiring action along with one follow-up to prior year recommendations.  These had been accepted by management and would be enacted within the agreed timescales.  As required under the Local Authority Accounts (Scotland) Regulations 2014, the audited Annual Accounts for Scottish Borders Council, SBC Common Good Funds, the SBC Charitable Trusts, Bridge Homes LLP, Lowood Tweedbank Ltd and Scottish Borders Council’s Pension Fund had been presented to and considered by the Audit and Scrutiny Committee on 21 October 2021.  Audit and Scrutiny Committee agreed to recommend approval of the various accounts to Council, with the exception of Bridge Homes LLP where the accounts were noted pending completion of the audit.  The KPMG audit of Bridge Homes was not finally concluded when the report was considered by Audit and Scrutiny Committee on 21 October 2021.  However, the Director did not expect there to be any issues with the auditors sign off and it would be submitted to the Council in November for approval.  The Convener praised the work of the Director and his team for their work in producing the accounts, and in particular Mrs Kirsty Rob, for the Pension Fund accounts.

DECISION

(a)       AGREED to approve the following Audited Accounts:-

(i)      the Scottish Borders Council’s audited Annual Accounts for the year to 31 March 2021;

(ii)     the Scottish Borders Council’s Pension Fund audited Annual Accounts for the year to 31 March 2021;

(iii)    the Scottish Borders Council Common Good Funds (Charity SC031538) audited Annual Accounts for the year to 31 March 2021;

(iv)    the SBC Welfare Trust (Charity SC044765) audited Annual Accounts for the year to 31 March 2021;

(v)     the SBC Education Trust (Charity SC044762) audited Annual Accounts for the year to 31 March 2021;

(vi)    the SBC Community Enhancement Trust (Charity SC044764) audited Annual Accounts for the year to 31 March 2021;

(vii)   the SBC Ormiston Trust for Institute (Charity SC019162) audited Annual Accounts for the year to 31 March 2021;

(viii)  the Scottish Borders Council Charitable Trusts (Charity SC043896) audited Annual Accounts  ...  view the full minutes text for item 5.

Consider report by Director Finance and Corporate Governance.  (Copy attached.)

There had been circulated copies of a report by the Director Finance and Corporate Governance presenting the annual treasury management activities undertaken during the 2020/21 financial year.  The report explained that the CIPFA Code of Practice on Treasury Management in the Public Services (the Code) required an annual report on treasury management to be submitted to Council following the end of each financial year.  The report highlighted the Council’s treasury activity undertaken in the year ended 31 March 2021 and the performance of the Treasury function.  Appendix 1 to the report was the annual report of treasury management activities for 2020/21 and contained an analysis of performance against targets set in relation to Prudential and Treasury Management Indicators.  The performance comparisons reported were based on the revised indicators agreed as part of the mid-year report approved on 17 December 2020.  The Appendix showed the Council’s borrowing requirement to fund the capital investment undertaken during 2020/21, how much the Council actually borrowed against the sums budgeted, and the level of external debt within approved limits.  During the year, the Council had again, where possible, deferred borrowing using surplus cash rather than undertaking new borrowing.  However, the Council did undertake temporary borrowing for cash flow purposes during the year, amounting to £15m.  Treasury management activity for the year had been undertaken in compliance with approved policy and the Code.  The Council remained under-borrowed against its Capital Financing Requirement (CFR) at 31 March 2021.  It was noted that the Audit and Scrutiny Committee had also reviewed the report.

DECISION

NOTED that treasury management activity in the year to 31 March 2021 was carried out in compliance with the approved Treasury Management Strategy and Policy as detailed in this report and in Appendix 1 to the report

Consider report by Director Social Work and Practice.  (Copy attached.)

There had been circulated copies of a report by the Director Social Work and Practice seeking approval for Scottish Borders Council’s proposed response to the Scottish Government’s consultation on the National Care Service (NCS).  The report explained that the report of the Independent Review of Adult Social Care, published in February this year, had found issue with implementation of social care policy and was critical of current commissioning and procurement activity.  In August 2021, the Scottish Government published its consultation on the creation of a NCS in Scotland.  The proposals set out within the consultation document were significant and would result in a fundamental change to the role of local government in Scotland, if implemented.  The scope of services proposed for inclusion in the NCS was also far broader than was initially anticipated and included services relating to adult social care, children’s services, community health, addiction, justice, and social care in prison.  Following discussion with Members, a draft Council response had been prepared and this was contained in Appendix A to the report.  Members thanked officers for their work on the proposed response which had cross party support.  Members agreed that while there were many positive elements in the Feeley Report, the loss of local accountability and local democratic oversight was a major concern.

DECISION

AGREED to approve the draft consultation response contained in Appendix A to the report as the Scottish Borders Council response to a National Care Service for Scotland Consultation. 

Consider report  by Director Education and Lifelong Learning.  (Copy attached.)

There had been circulated copies of a report by the Director Education and Lifelong Learning providing an overview on the United Kingdom Unaccompanied Asylum Seeking Children (UASC), National Transfer Scheme (NTS).  This was in addition to other migration schemes in which Scottish Borders Council (SBC) already participated.  The report explained that large numbers of UASC had arrived in the UK, predominantly in Kent.  Such was the pressure on Council Services in the South of England that urgent national support was being sought through a NTS.  While the scheme was voluntary, it could be mandated if support was not forthcoming, and the Home Secretary had existing powers to mandate transfers under Section 27 of the Immigration Act 2016.  The Home Office had estimated 650 UASC participating in the NTS per annum, with 45 UASC (6.9%) allocated to Scotland per distribution cycle, although numbers may vary depending upon arrivals.  The Council was currently hosting 2 UASC who had arrived in the Scottish Borders unannounced out-with the scope of the NTS.   The COSLA Leaders Meeting on 27 August 2021 had agreed that Scottish Local Government would participate in the NTS on the basis that Scottish Local Authorities would only accept young people who were 16 or over, unless by exception.  It was noted that Scottish Borders would be expected to take 2 UASC within each cycle and it was anticipated that there would be 2-3 cycles within the first year.  UASC would be designated as “looked after children” until they were 18 and thereafter as “care leavers” and would be eligible for support until they were 26.  Members were happy to support the proposals.

DECISION

AGREED:-

(a)     to note the position regarding Unaccompanied Asylum Seeking Children National Transfer Scheme and that Scottish Borders Council should comply with the request for urgent national support for this vulnerable group; and

(b)     that Scottish Borders Council allow Officers to comply with other mandated national Migration Schemes as the need arose.

.

MEMBER

Councillor Edgar joined the meeting during consideration of the above item.

Consider report by Director Education and Lifelong Learning.  (Copy attached.)

There had been circulated copies of a report by the Director Education and Lifelong Learning providing an update on the work of the Inspire Learning Programme during 2020/2021.  The report explained that over the last two years Inspire Learning had built a platform of success with the strategic deployment of iPads for every learner from P4-S6, all teaching staff, including Early Years practitioners and the delivery of shared class devices for P1-3.  The Council was already starting to improve outcomes for young people through the provision of equitable access to the best tools for learning, regardless of socio-economic background. The Council had, to date, won two national awards (LGC) and a commendation from the MJ Awards for its Inspire Learning Programme and had even been lauded as an exemplar by the Deputy First Minister during an interview on national television.  The Inspire Learning Team had shared their expertise in embedding digital technology at the heart of education with LA’s and organisations across Scotland, the UK, and internationally with school leaders as far away as Singapore and the USA, as well as being invited to share their learning as digital leaders at UNESCO’s world education event earlier this year.  Closer to home, the Inspire Learning Programme had played a critical part in supporting the delivery of learning during the challenging circumstances of the pandemic ensuring that young people in the Borders had access to lessons and staff support throughout the extended periods of lockdown and blended learning.  While the Inspire Learning Programme had successfully deployed the infrastructure to support the transformation in digital education across Borders schools, and had started on the journey to develop enhanced digital skills for teachers and young people, with many successes to celebrate, the journey to delivering the broader vision for digital education in the Borders had really only just started.  The Programme continued to strive to “make the Borders the best place in the world to teach, learn and live”.  Appended to the report was the Inspire Learning Programme Data Report 2021 which contained detailed information relating to the Programme.  Ms Catherine Thomson, the Quality Improvement Officer for the Programme, was present to answer Members’ questions including how parents would be involved.  She confirmed that there was a 4 yearly refresh for the iPads and that schools were currently being upgrade to Windows 10.  Members welcomed the report and congratulated officers on the success of the Inspire Learning programme.

DECISION

NOTED the update on the ongoing work and progress of the Inspire Learning Programme through the COVID-19 Pandemic.

MEMBER

Councillor Tatler joined the meeting during consideration of the above item and Councillor C. Hamilton left the meeting at the conclusion of its consideration.

Consider report by Director Infrastructure and Environment.  (Copy attached.)

There had been circulated copies of a report by the Director Infrastructure and Environment seeking ratification of the decisions of the SESplan Joint Committee at its meeting on 4 October 2021 relating to the formal cessation of meetings of the Committee and the finalisation of its budget.  The report also updated Members on the new arrangements for spatial planning in Edinburgh and the South East of Scotland.  The report explained that the SESplan Joint Committee considered two reports at its meeting on 4 October relating to the transfer of regional spatial planning responsibilities and cessation of SESplan and the final accounts, audit report and closing financial statement.  Copies of these reports were attached as Appendix A to the report.  They set out the background to the changing arrangements for spatial planning in the South East of Scotland as a consequence of the legislative change being introduced by the Planning (Scotland) Act 2019.  The recommendations contained in both reports were agreed unanimously.  Councillors Mountford and Bell, the Council’s Members of the Joint Committee, welcomed the report.

DECISION

AGREED:-

(a)       to note that the responsibilities for Regional Spatial Planning had transferred from the SESplan Joint Committee to the City Deal Elected Member Oversight Committee;

(b)       that there should be no further meetings of the SESplan Joint Committee and that the Committee’s constitution be amended to remove the requirement to meet twice annually;

(c)       the SESplan final accounts and the return of the remaining balances to the six SESplan Local Authorities; 

(d)       that to support regional spatial planning work, part of the remaining SESplan funding balance would be used to appoint a Planning Officer, on a part-time, time limited basis, to provide a strategic planning capability within the City Region Deal Programme Management Office (PMO); and

(d)     to note that the existing SESPlan Project Board (officer working group) would be renamed the Strategic Planning Advisory Group with the chair of that group becoming a member of the City Region Deal Directors Group.

Consider report by Director Finance and Corporate Governance.  (Copy attached.)

There had been circulated copies of a report by the Director Finance and Corporate Governance giving details of the Boundary Commission for Scotland’s initial proposals of its 2023 Review of UK Parliament Constituencies in Scotland which impacted on a number of constituents in the Council’s Tweeddale East Ward.  The report explained that the current UK Parliament constituencies had remained unchanged since 2005.  The initial proposals for the 2023 Review by the Boundary Commission for Scotland retained the current constituencies covering the Scottish Borders, namely Berwickshire, Roxburgh & Selkirk, and Dumfriesshire, Clydesdale & Tweeddale.  However, the average electorate per constituency across the UK used for the Review was 73,393, and the electorate in any constituency must be within +/- 5% of this.  The electorate was taken from the 2 March 2020 Electoral Register and based on this, the Dumfriesshire, Clydesdale & Tweeddale constituency had 68,874 electors, which was out-with the 5% tolerance.   The initial proposals of the Commission made changes to both constituencies which would result in the electorate in Berwickshire, Roxburgh and Selkirk reducing to 73,779 and that in Dumfriesshire, Clydesdale and Tweeddale increasing to 73,593.  To achieve this change, the Commission was proposing to move Polling District 2F (908 electors) in the Council’s Tweeddale East Ward from the Berwickshire, Roxburgh and Selkirk constituency to the Dumfriesshire, Clydesdale and Tweeddale constituency.  This would mean that the whole of the Tweeddale East Ward would come within that latter constituency.  There would be a number of consultation periods over the course of the Review.  The first consultation period for the Initial Proposals finished on 8 December 2021.  In early 2022, the Commission would conduct a second consultation for 6 weeks, when it published responses to the first consultation.  The Commission would also hold between two and five Public Hearings around Scotland.  In late 2022, the Commission would conduct a four week public consultation on its revised proposals.  Once the Review was completed, the Commission’s recommendations would be submitted in a report to the Speaker before 1 July 2023.  Members highlighted the need to encourage communities in the consultation process.

DECISION

NOTED the initial proposals for the Review of UK Parliament Constituencies 2023 which would mean, should these be accepted, that all of the electorate in the Council’s Tweeddale East Ward would be within the Dumfriesshire, Clydesdale and Tweeddale Constituency for UK Parliament elections.

MEMBER

Councillor C. Hamilton rejoined the meeting.

Consider Motion by Councillor Aitchison in the following terms:-

“Noting the letter of September 2021 from Ms Francesca Osowska, Chief Executive of Nature Scotland, addressed to ‘Stakeholders’ (see attached copy), and noting the inextricable relationship between the Climate and Nature emergencies and the necessity of taking ‘strong and bold action to halt biodiversity loss’, Scottish Borders Council agrees that, on behalf of the Council, the Council Leader shall sign the ‘Edinburgh Declaration’ (see attached copy) on the development of the post-2020 Global Biodiversity framework.”

Councillor Aitchison, seconded by Councillor H. Anderson, moved approval of the following Motion as detailed on the agenda:-

“Noting the letter of September 2021 from Ms Francesca Osowska, Chief Executive of Nature Scotland, addressed to ‘Stakeholders’ (see attached copy), and noting the inextricable relationship between the Climate and Nature emergencies and the necessity of taking ‘strong and bold action to halt biodiversity loss’, Scottish Borders Council agrees that, on behalf of the Council, the Council Leader shall sign the ‘Edinburgh Declaration’ (see attached copy) on the development of the post-2020 Global Biodiversity framework.”

Councillor Aitchison and Councillor Anderson spoke in support of the Motion which was unanimously approved.

DECISION

AGREED to approve the Motion as detailed above.

The questions submitted by Councillors Ramage, McAteer and Bell were answered. 

DECISION

NOTED the replies as detailed in Appendix I to this Minute.

MEMBER

Councillor Fullarton left the meeting.

Before proceeding with the private business, the following motion should be approved:-

“That under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 7A to the aforementioned Act.”

DECISION

AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in  Appendix II to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1, 6, 8 and 9 of Part I of Schedule 7A to the Act.

      SUMMARY OF PRIVATE BUSINESS

Consider private Sections of the Minutes of the following Committees:-

(a)     Hawick Common Good Fund                             17 August 2021

(b)     Peebles Common Good Fund                           18 August 2021

(c)     Selkirk Common Good Fund                              31 August 2021

(d)     Galashiels Common Good Fund                       9 September 2021

(e)     Executive                                                           14 September 2021

(f)      Major Contracts Governance Group                  14 September 2021

(g)     Pension Fund                                                     16 September 2021

(h)     Audit & Scrutiny                                                 20 September 2021

(Please see separate Supplement containing private Committee Minutes.)

The private sections of the Committee Minutes as detailed in paragraph3 of this Minute were approved.

Consider report by Director Education and Lifelong Learning.  (Copy attached.)

Members approved a report by the Director Education and Lifelong Learning on the Inspire Academy.

MEMBER

Councillor Tatler left the meeting during consideration of the above item.