Agenda, decisions and minutes

To approve the Minutes of the Meeting held on 6 and 7 February 2024   (previously circulated).

RESOLVED:   The Minutes of the meetings held on 6 and 7 February 2024 were agreed as a correct record and signed by the Chair.

RESOLVED:   The Minutes of the meetings held on 6 and 7 February 2024 were agreed as a correct record and signed by the Chair.

To consider any business, which by reason of special circumstances, the Chair proposes to accept, under Section 100(b)(4)(b) of the Local Government Act 1972.

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Please indicate if there are any interests which should be declared.  A declaration of an interest should indicate the nature of the interest (if not already declared on the Register of Interests) and the agenda item to which it relates.  If a disclosable pecuniary interest is declared, the member should withdraw from the room whilst the matter is discussed.

These declarations apply to all Members present, whether the Member is part of the meeting, attending to speak as a local Member on an item or simply observing the meeting from the public seating area.

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To receive any Chair’s correspondence.

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To note the names of any Councillors who wish to address the meeting under Standing Order 34.

Members wishing to speak pursuant to Standing Order 34 should inform the Chair of their intention to do so and on what items they wish to be heard before a decision on that item is taken.

Councillor A Ware attended under standing order 34.

Councillor A Ware attended under standing order 34.

To report on any Cabinet Decisions called in.

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A copy of the Forward Decisions List is attached

The Forward Decisions List was noted.

The Forward Decisions List was noted.

To receive any comments and recommendations from other Council bodies which meet after the dispatch of this agenda. 

The Corporate Performance Panel had considered all items and supported the recommendations.

The Corporate Performance Panel had considered all items and supported the recommendations.

RESOLVED:                1)          That the final report of the LGA Peer Challenge Team be noted and the Action Plan drawn up by Management Team and the Senior Leadership Team (SLT) in consultation with council staff to respond to the report’s conclusions be endorsed.

2)          That it be noted that the implementation of the actions stated will require resource and capacity. It is envisaged that a financial allocation will be required in the future.

Reason for Decision

To enable the organisation to consider, plan, and respond to the findings of the LGA Corporate Peer Challenge and to put in place a programme of transformation across council services.

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Cabinet considered a report which reminded Members that following a motion to council, the council invited the Local Government Association (LGA) to conduct a Corporate Peer Challenge (CPC) at the council as part of their sector level improvement programme.

The scope of the peer challenge was designed to incorporate both an external ‘health check’ of the organisation, including the core components examined by all corporate peer challenges listed below:

• Local priorities and outcomes           

• Organisational and place leadership

• Governance and culture

• Financial planning and management

• Capacity for improvement

The review took place in October 2023 and the final report was received in December 2023. The report summarised the findings of the team’s work and outlined the steps taken to develop the action plan (attached as Appendix A to the report) to respond to the recommendations set out in the report. The report noted that the council was already working on or planning actions to address some of the issues raised by the Peer Team.

Cabinet Members debated the report and drew attention to the fact that staff appeared appreciative of the involvement in the process. It was noted that the Corporate Performance Panel would be receiving regular updates, as would Cabinet.  It was noted that the Chief Executive would be leading the transformation board working alongside Cabinet and other officers. 

The need to knit the work streams into the portfolio areas by Cabinet members was raised, and the fact that they would discuss with the senior officers what they felt was appropriate for the plan.

Councillor Parish congratulated the Chief Executive for embracing the recommendations and ensuring the transformational work was moving forward. 

RESOLVED:                1)          That the final report of the LGA Peer Challenge Team be noted and the Action Plan drawn up by Management Team and the Senior Leadership Team (SLT) in consultation with council staff to respond to the report’s conclusions be endorsed.

2)          That it be noted that the implementation of the actions stated will require resource and capacity. It is envisaged that a financial allocation will be required in the future.

Reason for Decision

To enable the organisation to consider, plan, and respond to the findings of the LGA Corporate Peer Challenge and to put in place a programme of transformation across council services.

RESOLVED: That the Annual Plan for 2024/2025 be endorsed and adopted.

Reason for Decision

To enable the Administration to set out their priorities for the financial year ahead, considering the budget setting process and external factors affecting the residents, businesses and visitors to the borough.

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Cabinet was reminded that the Corporate Strategy was adopted by council on 23 November 2023. The Corporate Strategy set out the priorities of the administration to the next local elections in 2027.

Council had resolved to produce an Annual Plan each year which would reflect the priorities of the financial year ahead. This approach would enable the Administration to prioritise projects to meet the evolving needs of the residents of the borough, reflecting the national and local issues at that time. This would enable to Administration to set their priorities annually, ensuring they were up to date and relevant.

Councillors Squire and de Whalley asked for additional points to be added, to which it was re assured would be better covered as individual targets in the performance indicators.

Councillor Parish commented that the Plan featured a list of what the Administration would do, which would be reviewed and updated over the period of the Administration.

RESOLVED: That the Annual Plan for 2024/2025 be endorsed and adopted.

Reason for Decision

To enable the Administration to set out their priorities for the financial year ahead, considering the budget setting process and external factors affecting the residents, businesses and visitors to the borough.

RECOMMENDED:            That the amended Anti Money Laundering Policy Review be put forward to Full Council for formal adoption.

Reason for Decision

To ensure the Council’s anti-money laundering policy and associated procedures remain up to date and fit for purpose including changes in legislation. This policy looks to provide a clear process for officers/members who wish to report suspicions of money laundering and to the same end helps to raise suspicions of serious crime to the relevant responsible officers and other organisations (the National Crime Agency – NCA). As well as to protect officers/members who may have a suspicion and may require assistance to prevent further offences and/or obtaining guidance to prevent themselves from inadvertently becoming ‘involved’ in money offences.

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Cabinet considered a report which set out that Regulated Authorities must have provisions in place relating to ‘Money Laundering’, as a Local Authority the council were not legally obliged to apply the provisions of the Money Laundering Regulations 2007. However, as a responsible public body, the Borough Council who doesn’t undertake any such regulated activities should employ policies and procedures which reflect the essence of the UK’s anti-terrorist financing, and anti-money laundering regimes. Such legislation had been considered by professional bodies, resulting in best practice guidance being issued that required local authorities to establish internal procedures to prevent the use of their services for money laundering.

The policy review was to replace the current Anti-Money Laundering Policy which was formally approved on 21^st April 2020.  It amended titles and officers with roles within the policy, and further developed the policy to include more robust details and information regarding CDD (Customer Due Diligence) and KYC (Know Your Customer/Client) within an accompanying set of procedures to assist officers should the need arise to follow this process through providing a step-by-step guide. One legislative change had occurred since April 2020, and had been captured in section 5.5 of this new policy.

It was noted that the policy had been slightly amended following the Panel meeting and the updated copy had been distributed for consideration.

Cabinet discussed the suggestion in the Panel meeting that Councillors be involved in the process to which it was advised that officers had a legal requirement to immediately report incidences of money laundering akin to RIPA and the information was not for wider discussion.  However information on numbers could be reported retrospectively. 

RECOMMENDED:            That the amended Anti Money Laundering Policy Review be put forward to Full Council for formal adoption.

Reason for Decision

To ensure the Council’s anti-money laundering policy and associated procedures remain up to date and fit for purpose including changes in legislation. This policy looks to provide a clear process for officers/members who wish to report suspicions of money laundering and to the same end helps to raise suspicions of serious crime to the relevant responsible officers and other organisations (the National Crime Agency – NCA). As well as to protect officers/members who may have a suspicion and may require assistance to prevent further offences and/or obtaining guidance to prevent themselves from inadvertently becoming ‘involved’ in money offences.

RESOLVED:           1)       That an indemnity be granted to Members and officers, both current and former, who are or have been appointed by the Council to an outside body, including the Council’s wholly owned companies, in the form set out in Appendix 1.

2)             That the section 151 officer in consultation with the Portfolio Holder for Finance is authorised to make changes from time to time provided, they are non-material, with reference to the content of this report.

3)             That the Chief Executive, or in the event of their absence or a conflict arising, the Monitoring Officer, in consultation with the Leader, or in the event of their absence or a conflict arising, the Deputy Leader, is authorised to determine on a case-by-case basis whether an exclusion under the indemnity applies. 

Reason for Decision

To provide assurance to Members and officers who are asked to take on the responsibility of acting on an outside body, including the Council’s wholly owned companies, that they will not be personally liable for any financial loss they may suffer as a consequence of carrying out their duties.

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The Monitoring Officer presented a report which proposed the granting of indemnities to Members and officers to cover any loss, damages, costs or legal expenses which they may be ordered to pay or may reasonably incur arising from their action or failure to act during the course of their appointment to an outside body, including the Council’s wholly owned companies.

An indemnity was a promise to be responsible for another's loss in advance of any such loss occurring. It was proposed that the indemnity be subject to specified exclusions, including any fraud, dishonesty, deliberate wrongdoing or recklessness, or a convicted criminal offence on the part of the Councillor or Officer.

The aim for providing the indemnity was that officers and Members were assured that, by supporting the Council by participating in outside bodies or its wholly owned companies, they would not render themselves personally liable in relation to any claims that may be made against them. Whilst insurance was in place to cover these duties, such insurance is provided by a third party with detailed exclusions and limitations. If, for any reason outside the Council’s control, the insurance company decided that cover was not payable under the insurance policy, the Council’s indemnity would apply.

Cabinet considered the proposal provided re assurance for those putting themselves in a position on behalf of the Council.

RESOLVED:           1)       That an indemnity be granted to Members and officers, both current and former, who are or have been appointed by the Council to an outside body, including the Council’s wholly owned companies, in the form set out in Appendix 1.

2)             That the section 151 officer in consultation with the Portfolio Holder for Finance is authorised to make changes from time to time provided, they are non-material, with reference to the content of this report.

3)             That the Chief Executive, or in the event of their absence or a conflict arising, the Monitoring Officer, in consultation with the Leader, or in the event of their absence or a conflict arising, the Deputy Leader, is authorised to determine on a case-by-case basis whether an exclusion under the indemnity applies. 

Reason for Decision

To provide assurance to Members and officers who are asked to take on the responsibility of acting on an outside body, including the Council’s wholly owned companies, that they will not be personally liable for any financial loss they may suffer as a consequence of carrying out their duties.

RESOLVED: 1)       That a new executive Area Committee constituted pursuant to section 9E of the Local Government Act 2000 be established, to be known as the ‘King’s Lynn Area Committee (“KLAC”)’.

2)             The terms of reference at Appendix 1 to the report be adopted for KLAC.

Reason for Decision

To deliver the Council’s Corporate Strategy.

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The Monitoring Officer presented a report which drew attention to the fact that the Council had included within its Corporate Strategy for 2023 – 2027 the following:

Bring forward proposals to enable the King’s Lynn Advisory and Consultative Committee (KLACC) to become a decision-making body.

KLACC had been consulted at two public meetings on these proposals and supported them.

A draft Terms of Reference for an Area Committee (Appendix 1) was attached to the report.

As Chair of the KLACC Councillor Rust reported that the Committee were extremely pleased with the approach proposed which members did not want to be at the expense of additional cost to residents.

Under standing order 34, Councillor Ware expressed how pleased she and the Committee were with the proposal and how quickly it had come to Cabinet. 

Cabinet spoke in support of the proposal, and Councillor Morley suggested it should be involved in the Town Improvement Plan consultative process.

RESOLVED: 1)       That a new executive Area Committee constituted pursuant to section 9E of the Local Government Act 2000 be established, to be known as the ‘King’s Lynn Area Committee (“KLAC”)’.

2)             The terms of reference at Appendix 1 to the report be adopted for KLAC.

Reason for Decision

To deliver the Council’s Corporate Strategy.