Scottish Borders Council

Agenda and minutes

Venue: via MS Teams

Contact: Louise McGeoch Tel 01835 825005  email  lmcgeoch@scotborders.gov.uk

Link: link to live stream

Items
No. Item

CHAIR

The Convener welcomed everyone to the meeting and advised that the public business in this meeting was being livestreamed for public view and also recorded.  By participating in the meeting, attendees have given consent for this.  The recording would be available through the link to the event livestream on the Council website for public viewing for 180 days afterwards.  The recording would then be automatically deleted after this time.  Everyone was reminded that the Council did not allow any other recording of the meeting than this one.

 

1.

Convener's Remarks.

Minutes:

1.1       The Convener commented on the success of Common Ridings being able to return to normal and congratulated those who had already held successful events and wished those who had still to be held every success.

 

1.2       The Convener congratulated Emma Gibson from HR who was the Hawick Cornet’s Lass and Abbie Hood from Corporate Management Support who was the Galashiels Braw Lass and wished them well as they carried out their duties over the summer.

 

1.3       The Convener advised that Douglas Scott, Senior Policy Adviser was to retire after over 40 years with the Council.  He highlighted the dedicated service given by Douglas and wished him well for the future.

 

1.4       The Convener commented on two very successful events which had been held in the Borders over the weekend, namely the Book Festival in Melrose and the Sir Jackie Stewart Classic Car Event at Thirlestane Castle, and congratulated the organisers and volunteers.

 

DECISION

AGREED that congratulations be passed to those concerned.

 

2.

Minutes pdf icon PDF 367 KB

Consider Minutes of Scottish Borders Council held on 31 March, 19 May and 26 May 2022 for approval and signing by the Convener.  (Copies attached.)

 

Additional documents:

Minutes:

2.1       The Minutes of the Meetings held on 31 March, 19 May and 26 May 2022 were considered. 

 

2.2       With regard to paragraph 6 of the Minute of 26 May 2022, it was noted that amendments were required which had not been shown and an amended Appendix was attached to this Minute.

 

DECISION

(a)     AGREED that the Minutes be approved and signed by the Convener.

 

(b)     NOTED the amended Appendix I to this Minute listing the appointments to other bodies.

 

3.

Committee Minutes pdf icon PDF 137 KB

Consider Minutes of the following Committees:-

 

(a)     Major Contracts Governance Group                  1 March 2022

(b)     Local Review Body                                            7 March 2022

(c)     William Hill Trust                                                8 March 2022

(d)     Lauder Common Good Fund                             8 March 2022

(e)     Berwickshire Area Partnership                           3 March 2022

(f)      Sustainable Development                                  11 March 2022

(g)     Audit & Scrutiny                                                  14 March 2022

(h)     Hawick Common Good Fund                             15 March 2022

(i)      Chambers Institution Trust                                 16 March 2022

(j)      Peebles Common Good Fund                           16 March 2022

(k)     Pension Fund                                                     17 March 2022

(l)      Pension Board                                                    17 March 2022

(m)    Local Review Body                                            21 March 2022

(n)     Jedburgh Common Good Fund                         21 March 2022

(o)     Kelso Common Good Fund                               22 March 2022

(p)     Teviot & Liddesdale Area Partnership               22 March 2022

(q)     Cheviot Area Partnership                                   23 March 2022

(r)      Planning & Building Standards                          28 March 2022

(s)     Civic Government Licensing                              29 March 2022

(t)      Hawick Common Good Fund                             29 March 2022

(u)     Tweeddale Area Partnership                             29 March 2022

(v)     Galashiels Common Good Fund                       30 March 2022

(w)     Eildon Area Partnership                                     31 March 2022

(x)     Local Review Body                                            18 April 2022

(y)     Civic Government Licensing                              22 April 2022

 

(Separate Supplement containing the public Committee Minutes to follow.)

 

Additional documents:

Minutes:

The Minutes of the following Committees had been circulated:-

Major Contracts Governance Group                           1 March 2022

Local Review Body                                                      7 March 2022

William Hill Trust                                                          8 March 2022

Lauder Common Good Fund                                       8 March 2022

Berwickshire Area Partnership                                    3 March 2022

Sustainable Development                                           11 March 2022

Audit & Scrutiny                                                           14 March 2022

Hawick Common Good Fund                                      15 March 2022

Chambers Institution Trust                                          16 March 2022

Peebles Common Good Fund                                     16 March 2022

Pension Fund                                                               17 March 2022

Pension Board                                                             17 March 2022

Local Review Body                                                      21 March 2022

Jedburgh Common Good Fund                                   21 March 2022

Kelso Common Good Fund                                         22 March 2022

Teviot & Liddesdale Area Partnership                         22 March 2022

Cheviot Area Partnership                                            23 March 2022

Planning & Building Standards                                    28 March 2022

Civic Government Licensing                                        29 March 2022

Hawick Common Good Fund                                      29 March 2022

Tweeddale Area Partnership                                       29 March 2022

Galashiels Common Good Fund                                 30 March 2022

Eildon Area Partnership                                               31 March 2022

Local Review Body                                                      18 April 2022

Civic Government Licensing                                        22 April 2022

 

DECISION

APPROVED the Minutes listed above.

 

4.

Emergency Powers Report pdf icon PDF 178 KB

Note approval under the Emergency Powers Procedure in respect of support For Disasters Emergency Committee, assisting Ukraine.  (Copy attached.)       

 

Minutes:

There had been circulated for information a copy of a report by the Director Finance and Corporate Governance which had been approved under emergency powers to provide financial support to the Disasters Emergency Committee to help fund its members UK-based activities. In turn this would enable resources to be freed for their efforts to support the humanitarian crisis caused by the Russian invasion of Ukraine.  Scottish Borders Council had approved a Motion at its meeting on 10 March 2022 recording its horror at the events in Ukraine and the suffering and devastation being inflicted on the Ukrainian people by the ongoing war.  During consideration of that Motion, Members expressed a wish for the Council to make a donation to the Disasters Emergency Committee, should that be allowed by legislation.  The report provided background to the legislation relating to charitable donations by the Council and provided detail of similar support provided by other Councils.  A contribution of £10,000 had been made and was funded from financial year 2021/22 year end budget flexibility.

 

DECISION

NOTED the report.

 

5.

Review Group Update in connection with Independent Inquiry Action Plan pdf icon PDF 341 KB

Consider update by Chief Executive.

Additional documents:

Minutes:

With reference to paragraph 4 of the Minute of 10 March 2022, there had been circulated copies of a report by the Chief Executive providing the first update from the Inquiry Review Group which was established to progress the work identified following the independent investigation into the Council’s handling of concerns raised about a former Scottish Borders Council employee.  The Review Group was chaired by the Chief Executive and included the Director of People, Performance and Change, the Director of Education and Lifelong Learning, and the Director for Social Work and Practice, who also undertook the statutory role of the Chief Social Work Officer. The previously titled “Education” Portfolio Member was invited to attend all meetings.  Invitations had now been extended to Councillor Leagh Douglas in her role as Portfolio Holder for Education & Lifelong Learning.  The first Review Group meeting was held on 23 March 2022 where the Terms of Reference (contained in Appendix 1 of this report) had been agreed.  Six subsequent, fortnightly, meetings of the Review Group had taken place but due to the recent local elections, this was the first opportunity to update Council.  Work had commenced in respect of all actions, as listed in the Action Plan and details of the progress made was contained in the report.  A number of Actions were now considered to be complete and these were detailed in Appendix 2 to the report.  Members welcomed this first update report of this critically important piece of work.

 

DECISION

AGREED:-

 

(a)       to record the progress of the Review Group as detailed in the report;

 

(b)       to approve the following actions from the Action Plan as being complete:

 

·        Action 1(a): establishment of Review Group;

 

·           Action 2 (a): establishment of communication with Care Inspectorate;

 

·           Action 3 (a): Provide reporting to the Critical Services Oversight Group (CSOG) for the delivery of the Inquiry Action Plan;

 

·           Action 5 (a): incorporation of Action Plan outcomes into ongoing collaborative review;

 

·           Actions 6(a), (b), (c) and (d): review of the Disciplinary Procedures and Guidelines to reinforce the requirement to report to Child Protection Unit;

 

·           Action 7 (a) and (b): review of the Disciplinary Procedures and Guidelines to ensure investigating officers are appropriately advised of the scope of their appointment;

 

·           Action 8 (a), (b) and (c): review of practice and procedures to ensure investigations are carried out by appropriately qualified personnel;

 

·           Action 13 (a), (b) and (c): revisiting the Council’s actions in terms of the Vulnerable Groups (Scotland) Act 2007

 

·           Action 14(e): create a cycle of continuous improvement to culture, by putting in place an Annual Employee Survey and regular engagement with staff to address areas identified for improvement.

 

6.

Mothballing Policy pdf icon PDF 158 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Director Education and Lifelong Learning seeking approval for the adoption of a Mothballing Policy, to be adopted by Education and Lifelong Learning, in respect of schools where the pupil roll was either zero or very low and the Council and/or the Community considered that while the school was not presently viable, there was a reasonable prospect that the number of pupils in the area would increase, to allow the school to re-open in the near future.  The report explained that there was no statutory process for mothballing a school.  However, the Statutory Guidance that accompanied the Schools (Consultation) (Scotland) Act 2010 (the Act) made specific reference to mothballing.  The proposed policy, a copy of which was appended to the report, has been prepared on the basis of the Statutory Guidance to the Act and to ensure that:-

 

a)         the mothballing process was a consultative process that involved the families and community; and

b)         a review framework was incorporated in the process to ensure that there was a regular review of the numbers of potential pupils in the area and a dialogue between Council officers and the community about the future of the school.

 

Members noted the need for such a policy.  In response to a question on the need for trigger points within the Policy, Mrs Munro advised that these were contained within the Small Schools Policy which was currently being reviewed.  This latter Policy also contained information on preventative work to try and stop schools reaching this point.  The importance of the involvement of parents at every stage was highlighted.  Members welcomed the policy and noted that a briefing on the process leading up to the mothballing of schools would be provided by the Director of Education and Lifelong Learning.

 

DECISION

AGREED to approve the adoption of the new Mothballing Policy, as contained in the Appendix to the report, with immediate effect.

 

7.

Proposal to Mothball Eddleston Primary School pdf icon PDF 197 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Director Education and Lifelong Learning seeking to mothball Eddleston Primary School in accordance with the terms of the Council’s Mothballing Policy agreed at paragraph 6 above.  This recommendation was being made following a significant drop in the school roll at Eddleston Primary School (the School).  At the start of the 2021/22 school year there were 24 pupils enrolled at the School, which in accordance with Scottish Government Regulations equated to a single composite class. This resulted in a number of placement requests being submitted by parents. The school roll reduced throughout the school year and there were currently 4 pupils enrolled at the School. Council officers had been working closely with the parents at the School, who had now approached the Council asking for the School to be mothballed until there were sufficient number of children to allow the School to re-open.  The alternative school for pupils would be Newlands Primary School.  Members reluctantly agreed that the school should be mothballed but expressed the hope that this would be a temporary situation and that all avenues would be explored to allow the school to be re-opened.  In response to a request on early engagement with the community on how the school might re-open as a school/community hub, Mrs Munro confirmed that this work would start immediately and noted that a local Action Group had been set up.

 

DECISION

AGREED:-

 

(a)     the recommendation to mothball the School in accordance with the Council’s Mothballing Policy;

 

(b)     the temporary re-zoning of the catchment zone to Newlands Primary School; and

 

(c)     the review of the mothballed status of the School on at least an annual basis.

 

8.

UK Government Shared Prosperity Fund pdf icon PDF 221 KB

Consider report by Director Resilient Communities.  (Copy attached.)

Minutes:

There had been circulated copies of a report by the Director Resilient Communities seeking the agreement of Council to the approach to submission of the UK Shared Prosperity Fund (SPF) bid to the UK Government by 1 August 2022.  The report explained that the Shared Prosperity Fund (SPF) was a central pillar of the UK Government’s Levelling Up policy agenda.  A Prospectus for UKSPF was published on 13 April 2022 setting out its investment priorities which were communities and place, business support, people and skills, and Multiply which was about improving numeracy for employability purposes. Each local authority in Scotland had been given two separate allocations over the financial years 2022/23 – 2024/25 for their administrative areas to be used to meet SPF investment priorities and Multiply objectives respectively.  The Scottish Borders funding allocation was £4,442,628 for SPF and £927,345 for Multiply.  This funding was divided into around 85% revenue and 15% capital.  To access the monies local authorities were required to submit an investment plan setting out measurable outcomes and interventions to meet their priorities to the UK Government between 30 June 2022 and 1 August 2022.  It was anticipated that these would be agreed in October 2022.  There was a need to work collaboratively on the investment plan with local partners and to receive support for this work by the local Members of Parliaments.  There was also strong encouragement to develop investment plans using regional economic geographies.  It was proposed to submit a Scottish Borders investment plan by 1 August 2022.  This plan would use the investment priorities of the South of Scotland Regional Economic Strategy (RES) and its Delivery Plan which was overseen by the South of Scotland Regional Economic Partnership (REP).  It would also link into the opportunities provided by the Regional Prosperity Framework of the Edinburgh and South East Scotland City Region Deal Partnership and the work of the Borderlands Inclusive Growth Deal.  The Multiply part of the investment plan would be developed from the employability work being carried out by Scottish Borders Council and its local partners through the Scottish Borders Local Employability Partnership.  It was planned to gain input of the REP as part of the development of the investment plan.  The investment plan would need to be put together during Scottish Borders Council’s summer recess period and a proposal for delegating the development and agreement of the local investment plan was set out in the report’s recommendations.  Mrs Craig answered Members’ questions and advised that the position beyond the next 3 years was not known but gave the assurance that as much as possible would be done and all collective opportunities were being considered.

 

DECISION

AGREED to:-

 

(a)     lead the development of a local investment plan for the Scottish Borders for accessing the UK Shared Prosperity Fund based on the priorities in the South of Scotland Regional Economic Strategy and use the governance structure of the South of Scotland Regional Economic Partnership to assist in this process; and

 

(b)     delegate authority to  ...  view the full minutes text for item 8.

9.

Gypsy Travellers - Site Provision pdf icon PDF 187 KB

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

Additional documents:

Minutes:

With reference to paragraph 9 of the Minute of 16 December 2021, there had been circulated copies of a report by the Director Social Work and Practice providing an update on the facilities and amenities for Gypsy/Traveller families in Scottish Borders.  It had become apparent that the Council needed to review the arrangements in place for this group, specifically the provision of stopping places and sites.  Experience during the COVID restrictions had confirmed existing provision was neither adequate nor flexible enough to meet the requirements.  For some time the designated site for Gypsy/Travellers in the Scottish Borders had been an area at the Tweedside Caravan Park, Innerleithen.  There were nine specific pitches for Gypsy/Traveller families.  This was a seasonal site with no access during the winter months, and this seasonal accessibility therefore designated the site as temporary provision.  The site was leased on a commercial basis to the site operator, with the lease arrangements commercially sensitive and confidential.  Pitch numbers had reduced during the Covid restrictions.  It was generally accepted that rent arrears and/or previous tenancy difficulties would be grounds to refuse access.  In 2019, Scottish Borders Council formalised the approach to Gypsy/Traveller unauthorised encampments by appointing an officer (Community Safety Policy Officer) in a support role as Gypsy/Traveller liaison.  Based within the Safer Communities Team, this role was to ensure a consistent approach and compliance with Scottish Government guidance.   During the COVID restrictions the Scottish Government issued the COVID-19 Framework for Local Decision Making on Gypsy/Traveller Support – June 2020.  This set out the need for access to sanitation, services and healthcare while minimising unnecessary travel and Victoria Park, Selkirk had been utilised for this purpose.  Updated guidance and a lifting of restrictions had enabled the site to be decommissioned as a COVID response and returned for commercial tourism from 30th June 2022.  Since early 2020 much of the work relating to Gypsy/Travellers had been led from within the Safer Communities Team, with the original remit restricted to unauthorised encampments.  The report provided updates to the position of sites contained in the December report and proposed a way forward.  Mr. Easingwood and Mr. Jones answered Members’ questions including the operation of the Innerleithen site.  Members generally welcomed the paper but asked that a timescale for a further report be added.  Councillor Thornton-Nicol therefore proposed the addition of an extra recommendation (e) “that a paper was brought to Council in October 2022 detailing the outcome of the consultation and providing an indicative timescale for the next steps and actions”.  This was seconded by Councillor Pirone and unanimously approved.

 

DECISION

AGREED:-

 

(a)     to note the use of Victoria Park, Selkirk as a temporary Gypsy/Traveller site during the COVID response would end on 30th June 2022;

 

(b)     to note the progress made with the operator of Tweedside Caravan Park, Innerleithen who had introduced an occupancy agreement for Gypsy/Travellers that met the Scottish Government’s minimum standards for Gypsy/Traveller sites, and Scottish Housing Charter requirements as regulated by the Scottish Housing  ...  view the full minutes text for item 9.

10.

Appointments

Minutes:

10.1     Pension Fund Board

Councillor Jardine, seconded by Councillor Parker, moved that Councillor Pirone be appointed to the Pension Fund Board and this was unanimously approved.

 

DECISION

AGREED that Councillor Pirone be appointed to the Pension Fund Board.

 

10.2     Playpark Members Oversight Group

Councillor Jardine, seconded by Councillor Greenwell, moved that Councillor Parker be appointed as Chair of the Playpark Members Oversight Group.  Councillor Jardine, seconded by Councillor S. Hamilton, moved that the remaining 5 Members to be appointed, one representing each Area Partnership, were Councillors Moffat, Mountford, Linehan, Smart and Small.  All of these appointments were unanimously approved.

 

DECISION

AGREED the membership of the Playpark Members Oversight Group as follows:-

 

Councillor Parker (Chair)

Councillor Moffat

Councillor Mountford

Councillor Linehan

Councillor Smart

Councillor Small

 

11.

Open Questions pdf icon PDF 185 KB

Additional documents:

Minutes:

The questions submitted by Councillors Begg, Robson and Steel were answered. 

 

DECISION

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

 

12.

Private Business

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.”

13.

Minute

Consider private Section of Minute of Scottish Borders Council held on 31 March 2022.  (Copy attached.)

Minutes:

The private section of the Council Minute of 31 March 2022 was approved. 

14.

Committee Minutes

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

 

(a)     Major Contracts Governance Group                  1 March 2022

(b)     Hawick Common Good Fund                             15 March 2022

(c)     Chambers Institution Trust                                 16 March 2022

(d)     Peebles Common Good Fund                           16 March 2022

(e)     Pension Fund                                                     17 March 2022

(f)      Jedburgh Common Good Fund                         21 March 2022

(g)     Civic Government Licensing                              29 March 2022

(h)     Hawick Common Good Fund                             29 March 2022

(i)      Civic Government Licensing                              22 April 2022

 

(Please see separate Supplement containing private Committee Minutes.)

Minutes:

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

 

15.

Emergency Powers Approval

Note approval under the Emergency Powers procedure of report on Strategic Events Investment.  (Copy attached.)

Minutes:

Members noted approval under Emergency Powers of a report on Strategic Events Investment.

 

16.

UK Government Levelling Up Fund Bids for Scottish Borders

Consider report by Director Resilient Communities.  (Copy attached.)

Minutes:

Members approved a report by the Director Resilient Communities on the bids for the UK Government Levelling Up Fund.

17.

Urgent Business

Minutes:

Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Chairman was of the opinion that the items dealt with in the following paragraphs should be considered at the meeting as a matter of urgency, in view of the need to make an early decision.

18.

Lease of Ormiston Institute

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

Minutes:

Members approved a report by the Director Infrastructure and Environment on an extension to the lease of Ormiston Institute, Melrose.

 

19.

Staffing Matter

Minutes:

Members considered a staffing matter.

 

 

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