Agenda and minutes

DECISION

Recommendation to Full Council that:

1.         The Model Code of Conduct at Appendix A be adopted, without amendment, as this Council’s Code of Conduct (including those parts shown in square brackets and being relevant to the Cabinet model operated by this Council).

2.         Delegated authority be granted to the Monitoring Officer to make amendments to the Protocol on Member and Employee Relations so far as is necessary to ensure consistency with the Model Code of Conduct.

3.         The Monitoring Officer be authorised to update the Council’s Constitution accordingly.

4.         The Council introduces a voluntary process for Members to sign up to the new Model Code of Conduct to demonstrate their understanding, acceptance and compliance with the Code, with signatory details published on the Council’s website.

Portfolio Holders and Officer

NW / MS

REASON FOR DECISION

The Assistant Director – Governance and Monitoring Officer introduced a report presenting the Local Government Association (LGA) Model Code of Conduct and associated guidance for consideration and comment.

The report stated that in accordance with section 27(2) of the Localism Act 2011, every local authority was required to adopt a Code of Conduct which dealt with ‘the conduct that was expected of members and co-opted members of the authority when acting in that capacity.’

It was noted that in July 2012 the Council adopted its current Code of Conduct, subsequently amending and re-affirming in June 2013; and again in January 2019 when certain Council policies were linked to the Code of Conduct which made any breaches of those policies a breach of the Code of Conduct.

In January 2019 the House of Lords Committee on Standards in Public Life issued a report on Local Government Ethical Standards which made a number of recommendations in respect of the Code of Conduct.  In particular, the Committee noted significant variance between the Codes adopted by different local authorities and recommended the creation of a Model Code of Conduct by the LGA.  The Committee also noted some key matters were omitted from some local authority codes, such as social media use, bullying and harassment and recommended that they should be included in any Model Code.

In December 2020 the LGA published a Model Code of Conduct, attached at Appendix A to the report, and associated Guidance, attached at Appendix B to the report. The Model Code was subject to wide consultation with the local authority sector, including consultation with elected members and Monitoring Officers.

The LGA Model Code of Conduct was designed to protect the democratic role of members, encourage good conduct, and safeguard the public’s trust and confidence in the role of the councillor in local government.  Whilst it could be adapted to local circumstances, a key benefit was in bringing consistency across the local government sector and this would be especially helpful where members served on different tiers of local authority.

The Model Code was relatively short and easy to read, and was therefore more accessible to members, officers and the public.  The LGA would review  ...  view the full minutes text for item 71.

72

HOUSING BENEFIT LOCAL DISCRETIONARY MODIFIED SCHEME

DECISION

That the continuation of the disregard from the calculation of Housing Benefit of all income prescribed in the Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007, and subsequent amendments, be approved.

Portfolio Holders and Officer

JN / SK

REASON FOR DECISION

Councillor Jonathan Noble introduced a report by the Head of Revenues and Benefits (PSPS) seeking approval for the continuation of the Housing Benefit Local Discretionary Modified scheme, which would continue to disregard in full war pensions from the calculation of Housing Benefit.

The report stated that legislation provided for certain income to be disregarded when calculating entitlement to Housing Benefit, including the first £10 per week of any War Disablement or War Widows Pension received by claimants.

Under Section 134(8) of the Social Security Administration Act 1992, Councils had the discretion to increase the amount disregarded of such income.  Regulations prescribed which Pensions could be disregarded and a full list was set out in Appendix A.

The Council had used its powers for a number of years and as part of the audit process for 2021/22 a confirmation of the Council’s previous decision was required.  As the original decision was over 10 years old, it was timely for the decision to be brought back to Cabinet for formal approval of continuation of the scheme in current and future years.

The full disregard of War Disablement Pension and War Widows Pension, which was in accordance with the principle of the Armed Forces Covenant, was funded up to 75% of the total cost by Government.  In respect of 2020/21 the cost to Boston Borough Council was £1561.

OTHER OPTIONS OR ALTERNATIVES CONSIDERED

As set out in the report.

RECORD OF ANY CONFLICT OF INTEREST

None.

RECORD OF ANY DISPENSATION GRANTED

None.

74

HISTORIC PLACES PANEL REPORT

DECISION

That the response to the Historic Places Panel review paper recommendations, as set out in the body of the report, be noted.

Portfolio Holders and Officer

RA /  MS

REASON FOR DECISION

The Deputy Chief Executive – Growth presented a report which set out responses to the recommendations contained in the Historic Places Panel review paper.

The report stated that the Historic Places Panel, formally known as the Urban Panel, had visited Boston in September 2021 to provide independent expertise to help the Council and others engage in suggesting ideas and supporting the regeneration of the historic place of Boston. 

As a result of the visit the Panel produced a review paper listing a number of recommendations which were contained in the body of the report together with Officer responses.  A copy of the review paper was attached at Appendix A.

Representatives from the Historic Places Panel made a return visit to the town in April 2022 to discuss the recommendations and how the Panel could support the Council’s current initiatives including:

• Towns Fund
• Levelling Up wave 2
• UK Shared Prosperity Funding
• NPO submission (National Portfolio Organisations)

The review paper was very positive for Boston and reaffirmed the importance that the town held nationally with the quality of its historical and heritage sphere of influence.

Cabinet welcomed the positive comments put forward by the Historic Places Panel and their offer of support to the Council with projects to enhance the cultural offer of the town including the submission of bids for external funding such as the National Portfolio Organisations which was designed to support arts and culture for the community and could achieve funding of £1m over 3 years for each authority across the alliance.   The Panel had also expressed a keenness to work with the Council on transport issues.

In response to comments regarding the need to increase budget allocation to expand the visitor economy, the Assistant Director – Growth confirmed that the visitor economy was a regular topic of discussion at Portfolio Holder meetings and that it was important to work with partner organisations to support the sector.

The Panel’s comments relating to car parking provision in the town was also discussed and the Assistant Director – Growth gave an assurance that the issue was not diluting or impacting the PE21 project, the Panel had not appreciated the resources already in place which showed the ample provision of car parking in various ownerships across the town.

During debate a request was made for Cabinet Members to visit Shodfriars Hall to view the improvement works being undertaken, which had greatly impressed the Historic Places Panel representatives on their return visit in April 2022.

OTHER OPTIONS OR ALTERNATIVES CONSIDERED

None.

RECORD OF ANY CONFLICT OF INTEREST

None.

RECORD OF ANY DISPENSATION GRANTED

None.

Signed by the Chief Executive

6 May 2022

These decisions will come into force (and may then be implemented) on the  ...  view the full minutes text for item 73.