Council

5.1 Council noted the action sheet.

6.1 The Presiding Member presented a petition on behalf of Torfaen Resident, Karly Smith, in relation to Tafarn Newydd, as follows: ‘We the undersigned petition Torfaen County Borough Council to Keep the current services that Tafarn Newydd offer to the children with additional needs within Torfaen. Tafarn Newydd is a service that provides a safe and supportive environment to children and families of disabled children. Most children attend a weekly session where they have the opportunities to free play, outside activities, a sensory room and most importantly an environment where there is no judgement, parents can access support from trained staff and have a well needed break from the struggles of raising children with additional needs. Unfortunately Tafarn Newydd did not receive any tender at this years re tendering meeting due to financial reasons, meaning that the council have decided to close it down. This will have detrimental effects on the children and families who use this service and the future children of Torfaen. This service is absolutely vital to the families of Tortaen and to take it away will be incredibly harmful to not only the children who have spent months/years attending but to the parents who require the respite because their child cannot attend a mainstream nursery and there are simply not enough spaces in specialist provisions in Torfaen.’

7.1 There were no public questions.

8.1 The Leader: - Congratulated Cwmbran Community Council and all involved in the Crow Fest Music Festival which had been a success with many positive messages received. - Congratulated Pontypool Community Council following the successful Party in the Park which was a well-attended event providing an opportunity for the local community, particularly young people. - Congratulated the Torfaen Sports Development Team on the leadership of the successful Mic Morris 10k run. He thanked Community Councils, those who had sponsored the event and all others who had contributed to the event which attracted people from across Torfaen and further afield. - Thanked all of those involved in recent events at Pontypool Park such as Relay for Life which raised money for Cancer Research UK, and also the successful Pride event. He commented around the value of the park which brought life to the town. - Congratulated all of those involved in the organisation of World Heritage Day which was a successful day and brought local communities together. - Informed Members that a Seminar had been scheduled to take place in the autumn to provide members with an update and to outline the work undertaken by Revenues and Benefits. He stated that in the financial year 2023/2024, 1900 awards were made to local people who were experiencing financial difficulties, and this was thanks the decision of members to fund the Discretionary Housing Payments fund. He commented around the importance of providing support during times of difficulty to prevent them from going into housing crisis and having to rely on other public services. He thanked staff in Revenues and Benefits and looked forward to the seminar in the autumn where further updates would be provided. - Thanked residents, staff and members for their efforts on the Raise the Rate Recycling Campaign. He informed members that there had been nearly a 6% increase in recycling over the past year. He stated that his figure was unverified at present, however, it indicated a significant improvement and, although there was a long way to go, it was evidence that good progress could be made - Conveyed advanced thanks to Torfaen Play Service and all volunteers ahead of summer Playschemes due to take place throughout August. He commented around the benefits of the provision which providing children with an opportunity to have a memorable summer. - Wished Councillors an enjoyable summer break.

9.1 9.2 9.3 Superintendent Mike Richards introduced himself as the Policing Commander for Blaenau Gwent, Caerphilly and Torfaen. He explained that he had been in post for just over 12 months and having developed a good relationship with the Chief Executive and Leader of the Council he would like to extend that relationship to elected members. He welcomed the opportunity to attend future council meetings where he would deliver a short presentation on issues across the local authority and provide elected members with an opportunity to ask any questions. He commented around anti-social behaviour which was currently an issue in Pontypool and reassured members that he was very aware of concerns within the community which also extended to Cwmbran. He explained that it was within his gift to move resources from other local areas should the demand require this. Furthermore, he had asked the local Policing Inspector to ensure that resources were focused on this. He stated that the issues being experienced by constituents were being caused by a small minority of young people who were well known to the police and to the local authority, and he met regularly with the Chief Executive and the Head of Children and Family Services to discuss those that were causing issues, ensuring that resources were in place to respond robustly and effectively. He informed members that upon reviewing crime levels for the local authority for the last financial year, Torfaen presented a 5% reduction in crime in 2023/24 compared to the previous financial year. He explained that this was a positive statistic and the biggest reduction in crime across the three local authority areas. He invited members to ask any questions they might have. In summary, members asked questions of Superintendent Mike Richards and in response, the following main points were noted: • The volume of PPN referrals was a matter that was being addressed. The Early Action Together Programme was a package of training launched across Wales in 2018 and this would be reintroduced to assist in increasing awareness of officers when working collaboratively with multi agency services. Research had indicated that in 2018, 60% of referrals made by the police to local authorities didn’t progress. This was sometimes due to the level of detail provided, and other times it was because the referrals were inappropriate. Input from the local authority in terms of appropriate signposting to community resources, and better understanding of the referral process was welcomed. • There was a need to ensure that resources were in the right area at the right time. If elected members weren’t receiving the service they expected, they should contact Superintendent Mike Richards or the Inspector. • Every effort would be made to use social media channels to ensure residents about responses to anti-social behaviour and that Pontypool was a safe town to visit, reside, and work. • Whilst there was an element of boredom in relation to some anti social behaviour, some of those concerned had gone too far and enforcement was the most appropriate response. There was a wider criminal justice issues whereby arrests were made, and individuals were locked up, however, they were often released from custody with limited action. It was recognised that there was a need to improve services for young people across the whole of Gwent and investment in diversionary services and strengthening joint working would be a step in the right direction. • The average response time for the 101 call service was currently two to three minutes which was a significant improvement on the service received five or six years ago. Social media channels such as Facebook Messenger could also be used. If members were experiencing delays with the 101 service, this could be fed back to strategic leaders in the control room and data could be reported back to elected members. • Consideration would be given around refocusing of engagement and the possibility of neighbourhood policing teams holding more surgeries and monthly meetings in a safe place. Members thanked Superintendent Mike Richards for his attendance at council and looked forward to the future dialogue.

10.1 The Chief Executive of Bron Afon Community Housing introduced himself and The Executive Director of Finance & Procurement at Bron Afon Community Housing. He provided an overview of the transfer agreement that TCBC and Bron Afon had entered into with effect from 31 March 2008, whereby Bron Afon purchased the Council's housing stock. He explained that as part of the Agreement, the employment of a number of the Council’s employees transferred to Bron Afon. The Executive Director of Finance & Procurement at Bron Afon Community Housing outlined the report which requested that Council relieved Bron Afon of clause 14.11 in respect of operating the Local Government Pension Scheme (LGPS) and agreed to amend the Transfer Agreement between Bron Afon and TCBC. She explained that: • This this would remove the clause that Bron Afon would at all times on and after the Completion Date ensure either that it is an admission body within the Superannuation Scheme or that it provided an alternative occupational pension scheme certified by an actuary as being broadly comparable to the Superannuation Scheme. • Amendment of the Transfer Agreement as detailed in paragraph 2.1 of the report would regulate the position following the agreement with the trade unions such that Bron Afon would no longer be operating the LGPS for employees who transferred from TCBC in 2008. • Bron Afon intended to exit the LGPS and if this was successfully executed, they committed to offering a fair and equitable pension scheme to all Bron Afon colleagues (i.e. not just those that are exiting the LGPS), which would be an improvement on the generosity of the current DC scheme and by making a payment of a transition amount to exiting LGPS employees. • This would ensure that all Bron Afon colleagues had the opportunity to save for a comfortable retirement in line with the Living Pension standards. 10.2 10.3 10.4 10.5 10.6 Councillor Nathan Yeowell, Chair of Pensions Committee stated that he had not been involved in negotiations and whilst he understood the position that Bron Afon Community Housing had found themselves in, he commented as follows on matters not included in the report: · Bron Afon could re-open and capitalise the scheme as an alternative to exit. · Bron Afon took the decision to close the LGPS scheme to new members a decade or so ago, taking effect in 2016. There were a number of implications to this decision, communicated to Bron Afon by representatives of the council, which had not been addressed in the report. · The chief implication concerned the effect this would have on the timeframe for funding liabilities. Due to an historic low funding level and a dwindling number of active members paying into the scheme and, in effect, funding those liabilities, contribution rates needed to continue to be higher than the fund average as fewer members remained to fund the liabilities. If Bron Afon had maintained an open scheme this would not have been the case. · Throughout recent engagement over this issue, Bron Afon had maintained that re-opening the scheme was not an option. The council’s advice at the outset of this process was that re-opening and therefore re-capitalising the scheme would have led to lower contribution rates and a healthier position for both Bron Afon and staff over the medium-to-long term. · With reference to paragraph 4.2 of the report, the Greater Gwent Fund, like all LGPS funds, carried out a formal valuation review every three years. The actuary assesses every employer on its own merits and individual rates are determined for each employer off the back of that assessment. · The impact of Bron Afon’s decision to close the scheme to new joiners in 2016, coupled with a below average funding level, which was itself further depressed by the decision to close the scheme, meant that Bron Afon was 61% funded in 2022. This was up from 53% in 2019, largely due to the performance of the fund, but below the 98% average for the Fund at the same point in time. · Hymans Robertson, the actuary for the Greater Gwent Fund, calculated at the time that contribution rates of 47.7% of pay plus £6.28M per annum would be needed to plug Bron Afon’s deficit. · These figures were presented to Bron Afon as the starting point for discussions re: future direction of travel. Bron Afon confirmed that it could continue to pay contributions at the current level, assuring the council that this would be affordable over the life cycle of the 20-year business plan it is required to prepare to satisfy their creditors requirements. · The council had carried out extensive work with actuaries, lawyers and with Bron Afon to put in place some additional security for the Fund and all of its other employers that would give some comfort in the event Bron Afon withdrew from the scheme with a multi-million-pound deficit, allowing it to settle in that situation. Where an employer could not meet its obligations, the cost falls back on all employers which should always be avoided. · The suggestion that leaving the LGPS was the only viable route was not strictly true. Due to rising interest rates the value of assets now required to meet the projected future liability costs of the scheme was much lower. This had resulted in significantly improved funding levels over 18 months or so, i.e. since the last formal valuation. · At employer level, this varied due to employer circumstances, but Bron Afon had seen an indicative 65% improvement in funding level meaning it was now effectively in surplus. · A number of private sector consultants had advised LGPS employers to cease participation and take advantage of the full funding position and receive surplus assets back. Bron Afon had gone down this route. · The council did not believe this was in the best interests of scheme members who benefited from one of the only remaining open Defined Benefit pension schemes in the public sector. A Defined Contribution pension scheme equivalent transfers the risks from employer to employee. · For those close to retirement age this could be particularly detrimental but will impact on all members over time. · Remaining in the scheme and committing to the long-term could have lots of benefits both to the employer and employee, especially given earlier comments on market conditions currently, including: - Likely reduction in employer contribution rates from April 2026 due to improvement in funding levels - Opening scheme to new joiners would further improve funding requirements - Likely to see more flexibility for employers in future via alternative investment strategy meaning certain employers could opt for less risk/volatility in their investment approach which could reduce the impact of future funding uncertainty · The council had communicated all of this to Bron Afon and acted in good faith throughout. However, the ultimate decision remained with the workforce. Councillor Karl Gauden clarified that he was an employee of UNISON, however, since being an elected member for Torfaen, he did not operate in the Torfaen area. In summary, he expressed the following concerns: · Local Government did not pay particularly well at the lower end of the scale, however, one thing that was attractive was the pension scheme. · Elected members played a part in caring for staff that worked for the local authority and there was no bigger advocate than the Leader when it came to rights for workers and ensuring that staff were treated well and rewarded well, and that was the ethos in the council chamber. · When local authority housing stock transferred, long term members of the LGPS were former council workers and stipulations were in place to ensure the best interests of those workers. It was being suggested that the new scheme being offered was broadly similar to the LGPS, however, this was not the case as workers at Bron Afon would be moving from a defined benefit pension scheme to a defined contribution scheme. · It appeared that managers had been determined to move to this position from the start. There had been no negotiation and when the workforce had pushed back against the idea, Bron Afon had issued an HR1 form which was a legislative document used when proposing large scale redundances. · He was of the understanding that meetings had been held with the workforce without trade union representatives being present and agreements had been made under duress. · He was disgusted that a public sector provider had used the reprehensible tactic ‘fire and rehire’ to force their workers to agree to a much less attractive option. · He acknowledged that the situation had now been arrived at and that a decision had been made by the workers, however, he was concerned at the way the situation had been arrived at. In the main, members agreed with the above comments citing that they would reluctantly support the report due to the result of the vote undertaken by the workforce at Bron Afon. Other Members commented that they would be voting against the report. Members sought reassurance that there would be no changes in the foreseeable future that would be less favourable for staff. In response to the concerns raised, officers from Bron Afon commented around them being a long-term organisation and that there was a need to deal with the situation they were faced with now, rather than in the past. He stated that Bron Afon had tried to approach trade unions in an open way and that the HR1 was not issued as a threat to the workforce, but it was issued because there was a requirement to do so at a point where there was a legal risk, and that terms and conditions could change. They felt that the scheme being offered was fair and they did not agree with some of the comments made. They guaranteed that the proposed scheme would not be changed at the detriment of employees in the future. A recorded vote was taken with Members voting as shown in the table below: COUNCILLOR FOR AGAINST ABSTAIN Stuart Ashley ü Alfie Best ü Catherine Bonera ü Ronal Burnett ü Richard Clark ü Lynda Clarkson ü Liam Cowles ü Fiona Cross ü David Daniels ü Giles Davies ü Steven Evans ü Joanne Gauden ü Karl Gauden ü Elizabeth Haynes ü Nick Horlor ü Jon Horlor ü Anthony Hunt ü Gaynor James ü Jon James ü Mark Jones ü Peter Jones ü Sue Malson ü Rosemary Matthews ü Sue Morgan ü Jason O’Connell ü Amanda Owen ü Norma Parrish ü Caroline Price ü Rose Seabourne ü Nicholas Simons ü Alan Slade ü Chris Tew ü Colette Thomas ü David Thomas ü Jayne Watkins ü Lucy Williams ü Nathan Yeowell ü 10.7 Council agreed, with the majority voting in favour: · That on the basis that the proposed changes outlined within the report had been agreed with the trade unions through a collective bargaining process Council relieves Bron Afon of the obligation within the transfer agreement (Section 14.11) to ensure either that it is an admission body within the Superannuation Scheme or that it provides an alternative occupational pension scheme certified by an actuary as being broadly comparable to the Superannuation Scheme. · To delegate authority to the Head of Legal Services to agree the deed of variation.

Councillor Lynda Clarkson left the meeting for this item due to the personal and prejudicial interest she had declared. 11.1 11.2 The Strategic Director Adults & Communities referred to the key messages of the report which provided an overview of the history in relation to the British and the longstanding hazards on the site as well as an update on some of the developments in place. The Head of Communities & Renewal outlined the report which: · Updated Council on the current position of The British Remediation Project and outlined the revised scheme proposal, associated costs, and programme timeline. · Sought a decision in respect of the above and requested additional capital funding from Council at a minimum of £1,255,337. · Sought endorsement and to make available up to a maximum of £1.5m capital funding aligned with the commitment set out in the Council Capital Strategy. · Asked Council to note that the scheme design would provide a solution to accommodate a 1 in 100 (+20%) flood event as appose to the originally reported 1 in 100 (+40%) SAB compliant solution. 11.3 11.4 11.5 11.6 The Executive Member, Economy, Skills and Regeneration recognised that the report asked for a significant amount of money but reminded members that the British was an old industrial site that required investment. She also reminded members of the potential of the site in terms of wellbeing, green energy and employment, which wouldn’t be possible without investment, meaning that the site would remain in its current condition. She explained that officers had worked hard in exploring external funding opportunities and also considering alternative solutions, and that the proposals before members delivered the objectives and minimised flood risks. In summary, some members expressed concerns around the amount of money being spent on the British site and questioned why the money wasn’t being spent on other facilities within the borough, particularly given that officers had commented in the past that they were comfortable with the cost estimates. Other members shared these concerns but recognised there were risks associated with doing nothing. In response to comments and questions asked by members the following points were made: · There were two elements to financial returns on the site which were linked to land sales and energy sales but this related entirely to the IDRIS proposal which would be considered by Council in the next report · Whilst there was a great understanding of risks on the site, knowledge of risks developed as the project progressed. The risks outlined in the report weren’t new risks but the extent of the risks was greater than initially identified. · When initial costs and proposals were put forward, the significant impact of COVID on the construction market and significant inflationary pressure could not have been known. Costs had been estimated based on knowledge of the site at that time. · Flood mitigation and Coal Tip Grant funding was not feasible due to tight timelines not aligning and insufficient time to deliver capital spend. There were challenges around recent funding bids where reassurance was increasingly sought around costs which were difficult to estimate due to inflation spikes and cost increases. There could be other funding available in the future and officers would continue to explore this, however, there would be risks associate with relying on external funding. The Leader commented around the history of the site stating that it had been passed from land bank to land bank with increased risks around safety and flooding and with no opportunity for the community other than danger. He accepted that the project hadn’t been easy and that costs had increased considerably for all building works, however, he recognised that the risks and complexities of the site had been made clear from the outset. He acknowledged the work of officers to date and was optimistic of progress that could be made by stepping in to make things better rather than doing nothing. 11.7 Council agreed with the majority voting in favour: · To note the current position of The British Remediation Project, the revised scheme proposal, associated costs, and programme timeline. · To approve the request for additional capital funding from Council at a minimum of £1,255,337. · To note that an allocation of up to a maximum of £1.5m has been allowed for within the capital strategy.

Councillor Lynda Clarkson left the meeting for this item due to the personal and prejudicial interest she had declared. 12.1 The Strategic Director Adults and Communities outlined the report which asked Council to: • Consider the key terms for a Development Agreement setting out the conditions on which 4iR would be able to progress with the economic development of the British, and the commercial arrangements associated with such development. • Delegate authority to the Strategic Director Adults & Communities in consultation with the Executive Member Economy Skills and Regeneration to approve the Development Agreement, subject to the final agreement reflecting the key terms set out in this report. • To agree to the disposal of land to 4iR (as set out in section 4.4.) on the terms set out in this report and subject to officers confirming at the appropriate time that any pre-requisites in the Development Agreement have been met. 12.2 12.3 Discussion ensued and concerns were expressed around IDRIS, which had been dormant since 2020 and also 4iR being new. Some members expressed concerns around the risks associated with using these companies when neither had a long-standing history for the council to consider. Concerns were also expressed around potentially signing over large portions of land to these companies for little return. In response to comments and questions by members, the following points were made: • The recent establishment of the companies involved had been considered and this was highlighted in paragraph 6.2.3 of the report as a risk to draw members attention to. It was right to say that the companies had not yet embedded, however, the proposals require the companies to provide assurance that the scheme can be delivered as part of the Council’s sign off of the feasibility. • The feasibility work would be funded by IDRIS and their investors. This work would determine whether to progress with the proposals and to test viability. • There was potential to generate wind and solar energy on the site, and possibly hydro energy with the right investment. The feasibility report would establish which parts of the site could be deemed appropriate for generation and also the potential percentage of returns. • The Masterplan produced in 2018 highlighted parcels of land where there was potential to develop. It was too soon to provide answers around proximity to residential properties, however, developments would be subject to the usual planning processes. • With regards to feasibility of the scheme, the council would decide if the pre-conditions within the development agreement had been met, but with any legal agreement there would always be potential for legal challenge, 12.4 Council agreed with the majority voting in favour: • For officers to produce a legally binding Development Agreement for the possible development of energy infrastructure and commercial land uses on the British in line key principles set out in this report. • To Delegate authority to the Strategic Director Adults & Communities and Executive Member Economy Skills and Regeneration to approve the Development Agreement on condition that the Development Agreement is in keeping with the key terms set out in this report. • Agree to the transfer of land to 4iR (as set out in section 4.4.) at the appropriate time and on condition that officers confirm that the any pre-requisites in the Development Agreement have been met.

13.1 The Deputy Chief Executive outlined the report which presented a revised five-year Capital Programme for the period to March 2029. 13.2 In response to questions asked by members, the following points were made: • The lease for Ty Coch was due to end in March 2027. Alternative options were being considered and feasibility studies were being undertaken at Ty Blaen. Work was ongoing to ensure a smooth transition from Ty Coch to the new site. • There was a significant slippage year on year concerning Cardiff City Region and this point was always raised. However, these had to roll forward because the absolute commitment doesn’t change. • Funding for the A472 Canal Bridge at Pontymoile was agreed as part of the April council report. The Leader thanked officers for their work and dedication and commended their approach to the Capital Programme. He referred in particular to Dave Lilly who had recently retired and thanked him for his commitment and sound financial management whilst working for the local authority. He commented around the importance of prioritising spend and continuation of conversations with both Welsh and UK Government about the need to invest further in communities. 13.3 Council agreed unanimously to the revised Capital Programme.

14.1 The Strategic Director Adults & Communities outlined the report which: · Updated Council on the ‘enhanced monitoring’ arrangements that were implemented in February 2024 following significant concerns surrounding Torfaen Leisure Trusts’ ability to return to a stable, sustainable, and commercial operating model. · Presented a request from Torfaen Leisure Trust for emergency financial support to address an immediate shortfall in their draft 2024/25 budget and proposed mitigation measures. · Updated Council on the interim findings from the “enhanced monitoring” arrangements. · Considering the interim findings, sought approval for officers to launch a procurement exercise for ‘operation of leisure facilities’ within the current financial envelope. 14.2 14.3 14.4 14.5 14.6 14.7 The Strategic Director Adults and Communities stated that he was mindful that the Trust had approached members directly regarding clarification on the management agreement, and for clarity and completeness he proposed that recommendation 9.1 should read: ‘The Council approves an allocation of £1,301,467 from the General Fund Balance to enable the Trust to deliver its budget as approved by the Trust Board and as submitted to Torfaen County Borough Council, and that the additional payments will be paid to the Trust through relevant monthly payments based upon agreed requirements. This is subject to the Trust delivering their identified savings proposals and noting that any ongoing support to the Trust’s Management Fee would need to be considered as part of their annual budget setting. This is conditional on the Trust accepting that the management agreement is a rolling contract and that this will come to an end when the procurement process is concluded and a provider has been appointed.’ The Chief Executive provided some wider context in terms of the County Plan and highlighted the importance of leisure across the brough and the importance of investment in order to address the inequalities agenda. He recognised that health and wellbeing opportunities and physical activities contributed to communities, and also the wider context of good leisure services such as social inclusion and community cohesion which could bring economic benefits to the borough. He commented around the desire to connect further in terms of education, education attainment and crime reduction, recognising that there was work to be undertaken by the council, alongside the Leisure Trust, in producing a county wide Leisure Strategy that ticked all of these boxes as this wasn’t in place at present, and the current operating model was not fulfilling its full potential. Discussion ensued and in the main, members expressed concerns around the current position of the Trust in not being able to set a balanced budget for 2024/25 without emergency financial support, and also the period of time that the Trust was running without a Board in place. Members felt that the current Trust’s direction of travel was concerning and agreed with previous comments made around the importance of providing a leisure service to the community. It was suggested that all options should be considered, including a feasibility study on bringing the leisure service back in-house. The Executive Member Communities stated that the Trust had previously approached the Council for additional funding which was agreed by Cabinet in 2021. She explained that from this point there was an understanding around the challenges being experienced by the Trust which then led to a review of the current business plan being undertaken. She commented around the financial risks associated with bringing the service back in-house and recognised that whilst some members may prefer this option, the current set up provided, and the financial flexibility and benefits it provided should also be considered. She commented around her time as Trustee of the board and stressed the need to move forward, exploring options maturely and being responsible with funds. As a Trustee of the Board, the Presiding Member paid credit to staff at the Leisure Trust who were employees of the Council prior to the Trust taking over. She also thanked current board members for keeping her fully informed. In summary, the Strategic Director Adults and Communities responded to comments and questions as follows: · The decision to invest in new equipment was taken by the CEO of the Trust, and whilst it was too early to assess this decision, the latest figures provided by the Trust saw a degree of increased income as a result of the investment. · The fundamental decision being taken by council today was the sustainability of the model and the issues of scale · As part of any procurement process the authority engaged with the wider market and it was expected that other providers would likely submit a tender response to any requests put out, however, it wouldn’t be known if their bid was stronger or weaker than a Torfaen Leisure Trust Bid. · With regards other providers being able to do differently from what was currently being done by the Trust, the challenge highlighted throughout the report was one of scale. Any small organisation would have to have a senior management structure in place, such as HR functions and finance functions, and when considering this on a small scale, it was far less efficient than it would be on a broader scale. Other providers who were bidding would be strongly encouraged to consider scale and whether a Trust operating purely at that level could deliver that scale. · Whilst there may be more effective and efficient ways to deliver services in-house, this did not remove the fundamental issue that inflation had outstripped the ability of the Trust at its current scale, with the management infrastructure that it needed to be able to bring in more income than its costs. · A detailed feasibility hadn’t been undertaken in terms of whether there was a viable way of bringing the Trust back in-house, however, from conversations with the commissioner, it was known that the issue of scale referred to above would not be resolved, at least not in the short term, and therefore there would be additional costs to the Council for at least a couple of years, and further years potentially. If Council proceeded with the recommendations set out in the report, it would be possible to undertake a very quick feasibility study to confirm if assumptions were correct. · It was known that some other local authorities had brought services back in-house and conversations could be had with those, however, it was also known that some local authorities had brought services back in house and had immediately put them back out to market due to the inability of being able to deliver, with their rational around this linking into the issue around scale. · Each individual member of the Board had been there in their own right, and it was their decision as to why they had chosen to leave. The council worked with the management of the Trust to get a new Board appointed as quickly as possible. A recruitment process was undertaken to ensure that the right skill sets were brought onto the Board. Engagement was undertaken with the regulators and others at that time for reassurance around the approach that was being taken. 14.8 Council agreed with the majority voting in favour to: · approve an allocation of £1,301,467 from the General Fund Balance to enable the Trust to deliver its budget as approved by the Trust Board and as submitted to Torfaen County Borough Council, and that the additional payments will be paid to the Trust through relevant monthly payments based upon agreed requirements. This is subject to the Trust delivering their identified savings proposals and noting that any ongoing support to the Trust’s Management Fee would need to be considered as part of their annual budget setting. This is conditional on the Trust accepting that the management agreement is a rolling contract and that this will come to an end when the procurement process is concluded and a provider has been appointed · authorise officers to undertake commencement of a procurement exercise seeking a refreshed approach to delivering leisure services in Torfaen as set out in this report.

15.1 The Executive Member, Children & Families provided an update to Council on the work of the education service to address the recommendations made in the March 2022 Estyn inspection report. He explained that this report complemented scrutiny and Council reports that had been provided over the last year and in summary, he commented as follows: • Estyn completed a monitoring visit to review progress against recommendations 2 and 3 in June 2024. • Estyn will return in autumn 2024 to review recommendations 1 and 4. At that point, Estyn will determine if the Local Authority has made sufficient progress to be removed from the category of Significant Improvement. • An Education Improvement Plan had been developed that incorporates the four Estyn recommendations from the March 2022 inspection, and wider education priorities. Progress against this plan was monitored through the Accelerated Improvement Group (AIG) and the Strategic improvement Board (SIB), in addition to planned monitoring visits by Estyn. • He had circulated the ESTYN letter to Members for their consideration and was pleased by ESTYN’s conclusion but not surprised given the change in the Education service. He commended the Director who had spearheaded that change but with a whole service, including schools, approach, whole Council approach and an improved relationships with partners at the EAS. • Scrutiny had closely monitored the improvements and with the wealth and quality of information brought before scrutiny they were able to hold him and the service area to account. • The current Estyn cycle had concluded with the new process commencing in September. There was one school remaining in category which had seen a recent monitoring visit with encouraging results, however, further work was required to secure its journey out of category. 15.2 Members thanked Cllr Clark for his refreshing comments. Thanks were also expressed to officers for the level of honesty provided, to scrutiny members for the work they had undertaken, and also to teachers who often went above and beyond for pupils. 15.3 Council agreed unanimously to accept the report as an update of the progress made within education services across the Local Authority and acknowledge the findings of the Estyn monitoring visit.

16.1 16.2 16.3 The Executive Member Corporate Governance and Resources introduced the report which presented an End of Year Performance Update for the Council’s County Plan Delivery Plan 2023-24 (included at Appendix 1 to the report). In summary, he commented around: • The council’s commitment to produce, adopt, deliver, monitor and report an annual delivery plan throughout the lifespan of the County Plan, setting out to members, staff and the public, the work that is planned for each financial year, in order to meet the Council’s ambitions. • The importance of considering the plan as not just a series of targets and milestones for a single financial year, but as a contribution to the Council’s longer-term objectives and aspirations to reduce inequality within Torfaen. • Torfaen’s pledge, alongside other public bodies in Gwent, to work together to fight inequality and become the first 'Marmot' region in Wales, and the need to take a longer-term perspective to address generational inequality across the county, using the council’s wide range of influence to tackle sources of inequality. • Consideration of lines of activity with the delivery plan, and the importance of not losing sight of the fact that these milestones were not just part of a single year plan but were vital stepping stones taking the council towards a longer-term ambition. Furthermore, these aspirations went well beyond the end of the current County Plan in 2027 and were part of a longer journey as the council aimed to meet the needs of future generations. The Executive Member Corporate Governance and Resources also provided an overview of the progress made during the 2023/24 financial year as set out in Appendix 1 to the report. He felt that the report was largely positive, and he provided members with assurances as follows: · Where issues had been identified with the delivery of the plan, concerns had been discussed in detail and consideration had been given as to how to get back on track. · Decisions to abort activity had only been made as a last resort and never without a plan for an alternative approach in the future. · The next iteration of the Council’s delivery plan was adopted in February 2024 and reporting and monitoring of progress in order to give account of the work done would continue. The Leader commended the work of officers, particularly those working behind the scenes. He recognised that there were fewer members of staff meaning that they were often overstretched, and he reminded members of their duty as employers around staffing wellbeing. He thanked all of those who had played a part in the positive report. 16.4 Council unanimously agreed to note the progress made delivering the County Plan Delivery Plan 2023-24. The Presiding Member announced a short adjournment to the meeting at 1.30pm. The meeting reconvened at 2.00pm.

17.1 The Head of Children and Family Services outlined the report which informed Council of the Welsh Government Corporate Parenting Charter and sought approval to sign the ‘pledge’ and adopt the Corporate Parenting Charter: ‘A Promise from Wales’. 17.2 17.3 The Executive Member Children & Families stated that the Council and elected Members were the corporate parents for Children who are looked after. He informed members that The Charter had been considered by the Council’s Corporate Parenting Panel who supported the adoption of the Charter. As a member of the Corporate Parenting Panel, the Presiding Member recognised the work of care experienced young people who had taken a great deal of interest and had created an excellent video that members would be interested in viewing with their permission. 17.4 Council unanimously agreed the signing of the pledge and in doing so agreed to fully support the principles set out in the Corporate Parenting Charter: ‘A Promise from Wales’ and live up to the common behaviours.

18.1 The Head of Public Protection and Environment provided a response to the e-petition submitted to the Council requesting the creation of a local Cwmbran-based dog enclosure park. He explained that the petition received 9 signatories, not proposed to progress, proposed response attached as appendix 1 to the letter. 18.2 Council agreed unanimously to the position set out in this report in response to the epetition requesting the creation of a dog enclosure in Cwmbran.

19.1 The Director Corporate Services and Head of Democratic Services outlined the report seeking changes to the membership of Children & Families Overview & Scrutiny Committee, Education Overview & Scrutiny Committee, and Licensing Committee. 19.2 Council agreed unanimously: • To appoint: - Cllr Caroline Price to sit on Children & Families Overview & Scrutiny Committee replacing Cllr Norma Parish. - Cllr David Thomas to sit on Education Overview & Scrutiny Committee replacing Cllr Caroline Price • To note: - Licensing Committee will carry a vacancy until a nomination is agreed to replace Cllr Karl Gauden.

20.1 There were no motions on notice.

21.1 Member questions with replies are set out in Appendix A to these minutes.

22.1 Council unanimously agreed to note the Cabinet Decisions.

23.1 23.2 With reference to the decision taken to award the contract for the provision of Greenhill Bungalow Residential Children's Care Home, the Executive Member Children & Families confirmed that that it was anticipated that the provision of the bungalow would be available from December this year, if not earlier. Council unanimously agreed to note the Cabinet Decisions.

24.1 The next meeting was scheduled for Tuesday 17 September 2024 at 10.00am.