Venue: Phoenix Chamber, Phoenix House, Tiverton
Contact: Laura Woon Democratic Service Manager
Link: audio recording
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Apologies To receive any apologies for absence. Minutes: There were no apologies received. |
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Public Question Time To receive any questions relating to items on the Agenda from members of the public.
Minutes: Paul Elstone
Question 1: My first question relates to an error in the minutes of the previous Cabinet Meeting.
Why has the Council failed to publish the written answers to the questions I asked at the last Cabinet meeting? This in compliance with the Constitution?
Question 2: On examining the newly published Transparency Code data on the Council Website it shows that the MDDC Social Housing stock to be around 2,900 properties.
Given that it is understood that the tenants of around 1200 properties have been overcharged rent and that the tenants of around 1600 properties have been undercharged rent. This effectively means just about every MDDC social home property has been subject to an incorrect rent being applied and going back to 2002.
The public are being told that the rent calculation mistake was due to an averaging error being made and related to property valuations.
Was this error due to a single average property value being used when completing the rent formula calculation in 2002, with the same valuation being applied to every MDDC social property irrespective?
If not, what was the precise error?
Question 3: Very precisely what was average property value used when setting the social housing rents in 2002?
Question 4: Has the identified rent error required this Council to undertake a complete revaluation of all of its 2900 social home properties?
Question 5: As additional social homes have been added to the MDDC social homes portfolio and since 2018 have they also suffered from the same rent calculation error?
Question 6: Are there any affordable rent homes rentals impacted by the rent calculation error?
Question 7: If so, how many?
Question 8: We are told that all the revised rent calculations are now complete. On this basis what is the full amount of the rent overcharges going back to 2002?
A ballpark figure will do.
Question 9: What is the full amount of the undercharges going back to 2002?
A ballpark figure will do.
Question 10: Has this Council been able to identify if any Council or for that matter any Housing Association has made the exact same housing rent calculation error?
Question 11: If so, can you please provide full details?
The Leader stated that Mr Elstone would receive a written response to his questions in the usual way.
Later on in the meeting the Leader responded to Mr Elstone’s question 1 with the following:
The Leader apologised by stating that although the responses were sent to him within the time frame, the system was not updated on the website, however he confirmed that they had now been published as a supplementary agenda item.
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Declarations of Interest under the Code of Conduct To record any interests on agenda matters.
Minutes: At item 18 Cllr S Clist declared he had a other registerable interest in that he knew the letting agent company in regards to personal business dealings and would abstain from voting on this item.
Members were reminded of the need to make declarations of interest where appropriate.
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Minutes of the Previous Meeting To consider whether to approve the minutes as a correct record of the meeting held on 4th March 2025. Minutes: The minutes of the previous meeting held on 4 March 2025 were APPROVED as a correct record and SIGNED by the Leader.
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Complaints and Feedback Policy To receive a report from the Head of Head of Digital Transformation and Customer Engagement on the Complaint and Feedback Policy. Additional documents: Minutes: The Cabinet had before it a report * from the Head of Digital Transformation and Customer Engagement on the Complaint and Feedback Policy.
The Cabinet Member for Service Delivery and Continuous Improvement outlined the contents of the report with particular reference to the following:
Discussion took place with regards to:
RESOLVED that:
(Proposed by Cllr J Wright and Seconded by Cllr S Clist)
Reason for Decision: The Complaints and Feedback policy underpins the core values of the Council relating to People and Performance and outlines the process to measure its success with service delivery.
Note: *Report previously circulated
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Artificial Intelligence (AI) Policy To receive a report from the Head of Head of Digital Transformation and Customer Engagement on the new Artificial Intelligence (AI) Policy.
Additional documents: Minutes: The Cabinet had before it a report * from the Head of Digital Transformation and Customer Engagement on the Artificial Intelligence (AI) Policy.
The Cabinet Member for Quality of Living, Equalities and Public Health outlined the contents of the report with particular reference to the following:
Ø To safeguard Council data and services, by prohibiting the use of confidential or personal data in external Generative AI tools. This was particularly important to the Council where it held and processed vast amounts of very sensitive data every day. By using the Council's licensed Copilot tool for sensitive data where authorised to do so to ensure the data stays within the Council’s control; Ø To enhance transparency and accountability, especially where AI tools were used to generate content or influence decision-making; Ø To ensure human oversight remained central—no AI tool should independently make decisions about residents or services without a human in the loop; Ø To identify roles and responsibilities for AI policy compliance, including the Head of Digital Services & Customer Engagement, line managers, the ITIG Board, and others; Ø And to provide clear guidance for acceptable use, training requirements, and risk mitigation, particularly as AI tools became embedded into more software platforms.
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Corporate Performance Q3 To receive a report from the Head of People, Performance and Waste and the Corporate Performance and Improvement Manager on the Corporate Performance Report and Performance Dashboard Quarter 3. Additional documents: Minutes: The Cabinet had before it and NOTED a report * from the Head of People, Performance and Waste and the Corporate Performance and Improvement Manager on the Corporate Performance Report and Performance Dashboard Quarter 3.
The Head of People, Performance and Waste outlined the contents of the report with particular reference to the following:
Discussion took place with regards to:
Reason for Decision: The Council had a duty to understand its residents, user groups and customers. Customer feedback (e.g. complaints) could help the Council identify any groups of people who may potentially be experiencing a less satisfactory level of service.
Note: *Report previously circulated.
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Corporate Risk Report To receive a report from the Head of People, Performance and Waste and the Corporate Performance and Improvement Manager on the Corporate Risk. Additional documents: Minutes: The Cabinet had before it and NOTED a report * from the Head of People, Performance and Waste and the Corporate Performance and Improvement Manager on the Corporate Risk Register.
The Head of People, Performance and Waste outlined the contents of the report with particular reference to the following:
Discussion took place regards to:
Reason for Decision: Risk management was an integral part of the Council’s Corporate Governance arrangements and there was a statutory responsibility under the Account and Audit Regulations (2015) to put in place risk management arrangements.
Note: *Report previously circulated.
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Single Equalities Scheme and Equality Objective To receive a report from the Head of People, Performance and Waste and the Corporate Performance and Improvement Manager on the Single Equality Scheme and Equality Objectives.
Additional documents:
Minutes: The Cabinet had before it a report * from the Head of People, Performance and Waste and the Corporate Performance and Improvement Manager on the Single Equalities Scheme and Equality objectives.
The Cabinet Member for People and Development and Deputy Leader outlined the contents of the report with particular reference to the following:
Discussion took place with regards to:
RESOLVED that:
(Proposed by Cllr J Lock and Seconded by Cllr G Duchesne)
Reason for Decision: The Single Equality Scheme contributed to the Council complying with the Equality Act (2010). Failure to adopt Equality Objectives or to collect relevant data could lead to the Council being in breach of the Equality Act 2010.
Note: *Report previously circulated.
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Replacement PVCU Double Glazed Unit / Entrance Doors To receive a report from the Head of Housing and Health on the Replacement PVCU Double Glazed Unit / Entrance Doors. Minutes: The Cabinet had before it a report * from the Head of Housing and Health on the Replacement UPVC Double Glazed Unit / Entrance Doors.
The Cabinet Member for Housing, Assets and Property Services and Deputy Leader outlined the contents of the report with particular reference to the following:
RESOLVED that:
(Proposed by Cllr S Clist and Seconded by Cllr J Buczkowski)
Reason for Decision: The budget for the works was £400,000.00 per annum. Capital investment in the MDH stock would result in a lower revenue cost in the coming years, which would enable the repairs service to operate more effectively and manage future maintenance costs.
Note: (i)*Report previously circulated. (ii) * Cllr N Bradshaw abstained from voting.
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Willand Neighbourhood Plan To receive a report from the Director of Place and Economy on the Willand Neighbourhood Plan. Additional documents:
Minutes: The Cabinet had before it a report * from the Director of Place and Economy on the Willand Neighbourhood Plan.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report with particular reference to the following:
“Do you want Mid Devon District Council to use the neighbourhood plan for Willand to help it decide planning applications in the neighbourhood area?”
The result of the referendum was as follows:
RESOLVED that Cabinet recommends to Council that:
(Proposed by Cllr S Keable and Seconded by Cllr S Clist)
Reason for Decision: There were no direct financial implications from adopting the Willand Neighbourhood Plan. However, the process leading to the adoption of a Neighbourhood Plan has had financial implications. The costs of support in ... view the full minutes text for item 165. |
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Housing Rent Error Update Report To receive a report from the Deputy Chief Executive (S151) Officer and the Head of Housing and Health on the Housing Rent Error Update Report.
Minutes: The Cabinet had before it a report * from the Deputy Chief Executive (S151) Officer and the Head of Housing and Health on the Housing Rent Error update report.
The Cabinet Member for Governance, Finance and Risk outlined the contents of the report with particular reference to the following:
RESOLVED that:
(Proposed by Cllr J Buczkowski and Seconded by Cllr J Lock)
Reason for Decision: The activity of MDH was funded through the HRA. The HRA was ring fenced and subject to specific financial controls. Significant financial modelling had been undertaken in order to reach some of the key decisions being put forward in the Cabinet report in December 2024.
Note: *Report previously circulated.
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Mid Devon Housing Tenant Management Policy To receive a report from the Head of Housing and Health on the Mid Devon Housing Tenant Management Policy.
Additional documents:
Minutes: The Cabinet had before it a report * from the Head of Housing and Health on Mid Devon Housing (MDH) Tenant Management Policy.
The Cabinet Member for Housing, Assets and Property Services and Deputy Leader outlined the contents of the report with particular reference to the following:
RESOLVED that the updated Mid Devon Housing Tenancy Management Policy and Equality Impact Assessment contained in Annex A and B respectively as recommended by the Homes Policy Development Group be approved.
(Proposed by Cllr S Clist and Seconded by Cllr J Lock)
Reason for Decision: Homes and social housing were a clear priority within the Corporate Plan. The Council would work closely with its tenants to ensure they felt safe, secure and happy in their homes. A key part of this was by having an open, transparent and effective tenancy management approach as set out in this policy.
Note:* Report previously circulated.
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Variation to Standard Mid Devon Housing Tenancy Agreement To receive a report from the Head of Housing and Health on the Variation to Standard Mid Devon Housing Tenancy Agreement.
Minutes:
The Cabinet had before it a report * from the Head of Housing and Health on the Variation to Standard Mid Devon Housing Tenancy Agreement.
The Cabinet Member for Housing, Assets and Property Services and Deputy Leader outlined the contents of the report with particular reference to the following:
RESOLVED that the procedure for the variation of tenancy conditions and updating the standard Tenancy Agreement, including formal consultation with tenants, commence in line with the Housing Act 1985 (sections 102 & 103 as recommended by the Homes Policy Development Group be approved.
(Proposed by Cllr S Clist and Seconded by Cllr S Keable)
Reason for Decision: Homes and social housing were a clear priority within the Corporate Plan. The Council would work closely with its tenants to ensure they felt safe, secure and happy in their homes. It was also important that the obligations on tenants and MDH as the landlord were clearly defined and this was where an up to date, clear standard Tenancy Agreement was important.
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Downsizing Work Group report To receive a report from the Head of Housing and Health on the Downsizing Work Group report. Additional documents: Minutes: The Cabinet had before it a report * from the Head of Housing and Health on the Downsizing Work Group Report.
The Cabinet Member for Housing, Assets and Property Services and Deputy Leader outlined the contents of the report with particular reference to the following:
Discussion took place with regards to:
RESOLVED that:
That the Downsizing Incentives be developed by Officers and added as an addendum to the Allocations Policy with the following provisions:
As recommended by the Downsizing Working Group and the Homes Policy Development Group.
(Proposed by Cllr S Clist and Seconded by Cllr S Keable)
Reason for Decision: The proposed incentives would affect the HRA. Any costs associated with the recommendations in this report that were not covered by savings elsewhere or existing staffing budgets would need to be drawn from the HRA Minimum Working Balance.
Note:* Report previously circulated.
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Housing Delivery Test Action Plan To receive a report from the Head of Housing and Health on the Housing Delivery Test Action Plan.
Additional documents:
Minutes: The Cabinet had before it a report * from the Head of Housing and Health on the Housing Delivery Test Action Plan.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report with particular reference to the following:
Discussion took place with regards to:
RESOLVED that the Mid Devon Housing Delivery Test Action Plan (Appendix 1) be approved and that this be published on the Council’s website and made publicly available.
(Proposed by Cllr S Keable and Seconded by Cllr S Clist)
Reason for Decision: There were no direct financial implications from approving the ... view the full minutes text for item 170. |
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Tenant Involvement Strategy To receive a report from the Head of Housing and Health on the Tenant Involvement Strategy.
Additional documents:
Minutes: The Cabinet had before it a report * from the Head of Housing and Health on the Tenant Involvement Strategy.
The Cabinet Member for Housing, Assets and Property Services and Deputy Leader outlined the contents of the report with particular reference to the following:
RESOLVED that the updated Mid Devon Housing Tenant Involvement Strategy and Equality Impact Assessment contained in Annexes A and B respectively as recommended by the Home Policy Development Group be adopted.
(Proposed by Cllr S Clist and Seconded by Cllr J Lock)
Reason for Decision: Homes and social housing were a clear priority within the Corporate Plan. The Council would work closely with its tenants to ensure they felt safe, secure and happy in their homes. The Council would monitor and continue to improve overall tenant satisfaction and work with its tenants through engagement events and the broader Tenant Involvement Strategy. This would ensure they were informed and had clear opportunities to comment on and shape the housing service they received.
Note:* Report previously circulated.
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Access to Information- Exclusion of Press & Public Discussion with regard to the next item, will require Cabinet to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision will be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Cabinet need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.
Recommended that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information.
Minutes: The Leader stated that discussion with regard to the next item, required Cabinet to pass the following resolution to exclude the press and public having reflected on Article 12 12.02 (d) (a presumption in favour of openness) of the Constitution. This decision was required because consideration of this matter in public would disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Cabinet decided, in all circumstances of the case, the public interest in maintaining the exemption, outweighed the public interest in disclosing the information.
RESOLVED: That under S100A(4) of the Local Government Act 1972, in accordance with Part I of Schedule 12A, the press and public be excluded from the meeting for the next item, for the reason set out below:
Information under paragraph 3 (contains information relating to the financial or business affairs of any particular person including the authority holding that information).
(Proposed by the Chair).
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Temporary Accommodation Project To receive a report from the Head of Housing and Health on the Temporary Accommodation Project.
Additional documents:
Minutes:
The Cabinet had before it a report * from the Head of Housing and Health on the Temporary Accommodation project.
The Cabinet Member for Housing, Assets and Property Services and Deputy Leader outlined the contents of the report with particular reference to the following:
RESOLVED that Cabinet pursues the purchase of the empty property identified in Part II Annexes A - F of the report for the purpose of providing temporary accommodation.
(Proposed by the Leader of the Council)
Reason for Decision: The LAHF R3 allocation would cover a significant proportion of the cost of the project, however the Council would need to fund the remaining balance. Further clarification would be required with the Finance service and lead accountants on how this could be funded with several options around capital reserves or capital borrowing (internal or external).
Note:* (i) Report previously circulated. (ii) Cllr S Clist abstained from voting.
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Notification of Key Decisions To note the contents of the Forward Plan. Minutes: The Cabinet had before it, and NOTED, the Notification of Key Decisions *
The Clerk identified the changes that had been made to the list since it was published with the agenda.
This included the following:
Note: * Key Decisions previously circulated.
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