Agendas, reports and minutes

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday 9 May 2024 at 10.05am.

Webcast Notice: This meeting will be filmed and broadcast over the Internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

You are invited to attend the meeting and a note of the business to be considered is attached.

Yours faithfully

Stewart Fraser 
Head of Legal and Governance

BUSINESS

1. Calling of the Roll and Apologies for Absence
Gairm a’ Chlàir agus Leisgeulan

2. Declarations of Interest/Transparency Statement
Foillseachaidhean Com-pàirt/Aithris Fhollaiseachd

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting.  Any Member making a declaration of interest should provide some information on the nature of the interest and leave the meeting at the appropriate time.  Advice may be sought from officers prior to the meeting taking place.

3. Confirmation of Minutes 
Daingneachadh a’ Gheàrr-chunntais
                                                               
There are submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 14 March 2024 (and continued on 15 March 2024) (pp.992-1026) as contained in the Volume which has been circulated separately.

4. Minutes of Meetings of Committees
Geàrr-chunntasan Choinneamhan Chomataidhean

There are submitted for confirmation as correct records, for information as regards delegated business and for approval as appropriate, the Minutes of Meetings of Committees contained in Volume circulated separately as undernoted:-

Climate Change Committee 20 March 2024
Audit Committee 21 March 2024
Gaelic Committee 28 March 2024
Comataidh na Gaidhlig 28 Màrt 2024
Housing and Property Committee 1 May 2024
Economy and Infrastructure Committee 2 May 2023

Starred Item as follows:– 

Item 22 – Appointment to the Flow Country Partnership - agreed to recommend to the Council the appointment of 7 Mr R Bremener as a Trustee of the Flow Country Partnership. 

Minutes of Meetings not included in the Volume are as follows:-        

i.    Redesign Board – for approval – held on 28 March 2024. 

5. Question Time
Àm Ceiste 

The following Questions have been received by the Head of Legal and Governance.

Member Questions

One supplementary question will be allowed in each case which will be answered by the recipient of the original question.

(1) Mr A Christie

To the Leader

Please could the leader detail the key decisions taken at COSLA Leaders Meetings from 1st January to 30th April 2024 and how he, or the Council representative if not him,  voted on the item under consideration in the event there was a vote?

(2) Mr A Christie

To the Leader

Please could the leader detail the individual posts that are currently vacant within the Health and Social Care Department and the length of time they have been vacant?

(3) Mr M Reiss

To the Chair of Health, Social Care and Wellbeing

Overnight Respite Services have been removed from Thor House Thurso without the consent of local Members. This facility was purpose built to provide respite care. When will the former excellent service be reinstated?

(4) Mrs I MacKenzie

To the Leader

Several residents, mainly from our older population, who use private car parks in Inverness, have raised various issues. This included “poor signage, unreasonable terms, exorbitant fines, aggressive demands for payment and an opaque appeals process”.
 
At the moment there’s no specific legislation dealing with parking on private land in Scotland.

The Scottish Government should look at creating a code of conduct which would reassure drivers that private car park operators would treat them in a “fair and proportionate” manner. The RAC and the AA have said the code would increase standards for private parking operators and improve drivers’ experiences of private parking. The International Parking Community also said the implementation of the code would help the sector to “address the doubt and scepticism that has plagued the industry’s public perception for far too long”.
 
Can Highland Council raise the matter with the Scottish Government to seek action to establish a regulatory framework for the industry?

(5) Mr C Ballance

To the Leader

Given the Government’s commitment to consult this summer on introducing a Carbon Emissions Land Tax, could the Leader give the date for the seminar on this proposal which was promised a full year ago in May 2023?

(6) Mrs H Crawford

To the Chair of Education 

In line with the Attendance Management Guidance, can you please provide an analysis of staff absences from the past year, including the rate of absence (days lost), the cost of these absences, a breakdown of the absences into categories of long-term and short-term, the most prevalent reason for absence, any link to health and safety breaches, and the percentage of return-to-work interviews that have been successfully conducted?

(7) Mr S Mackie

To the Leader

On the 23rd of April, SNP spokesperson and Member of Parliament for West Dunbartonshire, Martin Docherty-Hughes stated that funds allocated for decommissioning by The Department for Energy and Net Zero (DESNEZ) should not be put towards the clean-up of Scotland's nuclear sites, labelling them "unnecessary nuclear projects".

Martin Docherty-Hughes MP attests that funding for sites such as Dounreay, Hunterston or Chapelcross should instead be redirected to fund public services such as "Hospitals, Doctors, Nurses, Teachers and Police Officers", with zero detail on his party's plans for the nuclear communities that host legacy sites. 

Given the importance of the Civil nuclear industry to Caithness and North Sutherland, does the Leader of the Highland Council recognise:

• The c.£220 million annual spend allocated to decommissioning in Highland(funded wholly through the NDA, a subsidiary of the Department of Energy and Net Zero?
• The 1,232 locals employed by Nuclear Restoration Services in Caithness and North Sutherland? 
• The 700 jobs directly supported in the nuclear decommissioning supply chain? 
• The £487,000 of direct socio-economic support from the Dounreay site (that funds initiatives like Focus North, STEM activities for young people and the PSO Officer for the Wick to Aberdeen airlink)?
• And the £8.4 million of NDA of grant support that has seen investments into key projects like Caithness ports, the Sutherland Spaceport and Nucleus?

If these facts are recognised, will The Leader of the Highland Council formally correct the SNP's spokesperson in Westminster? And will he outline that the decommissioning industry is integral to the tax-take of not only this local authority but in providing funds that sustain public services across this region?

(8) Mr A Graham 

To the Leader

Charleston Academy: please provide details of the extent of areas within the school for which renewal or precautionary works e.g. support beams, repairs, replacement ceilings etc  have been required due to the presence of RAAC (Reinforced Autoclaved Aerated Concrete)?

(9) Mr R Stewart 

To the Leader

In light of the independent assessment concluding that the Academy Street Regeneration Project provides ‘poor’ value for money and will deliver a negative return on investment will this administration now agree to scrap this scheme?

(10) Mr D Macpherson 

To the Leader

In 2009, 6.5% of learners had an additional support need. 
In 2024, it is 37% - yet teacher numbers are falling! 

Between 2010 and 2022, the number of ASN teachers in Scotland fell by 19% - when the number of pupils with ASN increased by almost 24%. 

Do you agree with the Educational Institute of Scotland and the need for more, not fewer teachers and more qualified specialist teachers to help our children with Additional Support Needs ?

(11) Mr R Mackintosh

To the Chair of Communities & Place

Fly-tipping is a blight on our Highland landscape and affects both rural and urban areas. How many reports of fly-tipping is made annually to the Highland Council?

6. Membership of the Council
Ballrachd na Comhairle

Tributes will be paid at the meeting to the late Mr A Rhind who served as one of the Local Members for Ward 7 (Tain and Easter Ross) following the Local Government Elections in May 2022. 

In this regard, Members are also advised that a By-Election has now been arranged and will be held on 13 June 2024.

Also, the Council is advised that, following the By-Election for Ward 18 (Inverness South) held on 11 April 2024, Mr Duncan Cameron McDonald was elected as a Member of the Council.   

7. Membership of Committees etc
Ballrachd Chomataidhean msaa 

As a result of the By-Election the political make-up of the Council is now as follows:-

SNP – 21 / Highland Independent – 17 / Scottish Liberal Democrats – 14 / Scottish Conservative and Unionist – 8 / Highland Alliance – 5 / Scottish Green Party – 4 / Labour – 2 / Alba Party – 1 / Non-Aligned - 1.

The formula in respect of the number of places on Strategic Committees remains as 5/5/4/2/2.

On that basis, revised Committee memberships will be tabled at the meeting.

8. Appointments to Companies - Highland Opportunity (Investments) Limited    
Cur an Dreuchd gu Companaidhean - Cothrom dhan Ghàidhealtachd (Tasgaidhean) Earranta

The Council is asked to agree the appointment of a new Director for Highland Opportunity (Investments) Limited.

9. Establishing the Highland Investment Plan and Mechanisms to Fund and Deliver It    
Plana Tasgaidh na Gàidhealtachd

There is circulated Report No. HC/13/24 by the Chief Executive.

The Council is invited to approve:-

i.    the Highland Investment Plan as set out in the report, including the list of schools in scope for development, and the categories in which they will be prioritised (as seen in Appendices 2 to 9 of the report);
ii.   the progression of work described in section 5.2 of the report to prepare local masterplans and options appraisals;
iii.  the initial list of projects described in Section 5.3 of the report to be progressed to design and tender stage;
iv.   the approach to place-based planning to deliver a sustainable estate, supported by integrated partnership working on behalf of communities;
v.    the strategic approach described to the furtherance of the programme of ASN base provision in section 4.15 of the report to allow young people, where possible, to be educated in their local communities;
vi.   the utilisation of £2.8 million of revenue funding in 2024/25, carried over from the budget setting process, for investment to initiate the programme;
vii.  the policy to ring fence council tax income in future budget setting processes to sufficiently enable the Highland Investment Plan, with the actual council tax and budget setting decisions to be made on an annual basis;
viii. as a policy that the Council’s ratio (percentage) of General Fund capital financing costs relative to its General Fund revenue budget funding stream should not exceed 10%, thus ensuring capital investment can remain affordable, prudent, and sustainable, and this percentage cap being adopted as a new local prudential indicator;

and to note:

ix.   that future Treasury Management Strategy Statements will be revised to reflect the approved recommendations arising from the report, and the incorporation of the new local Prudential Indicator;
x.    the financial modelling, assumptions, risks, and implications as described within the report;
xi.   that the Highland Investment Plan will be underpinned by the ongoing process of medium-term financial planning and annual budget setting, being the process through which phases of the Plan will be released and specific funding allocations agreed; 
xii.  that a further report will be brought to Council on 27 June 2024 outlining place-based asset mapping to further refine the scope of projects, supported via an option appraisal process; and
xiii. that there will be further engagement with communities and partners on this plan over the coming months.  

10. Highland Council Operational Delivery Plan 2024-27
Dreachd Dheireannach de Phlana Lìbhrigidh Chomhairle na Gàidhealtachd 2024–27

There is circulated Report No. HC/14/24 by the Chief Executive.

The Council is invited to:-

i.   approve the Operational Delivery Plan – Appendix 1 to the report;
ii.  approve the resource requirements as set out in Appendix 5 to the report;
iii. note the Portfolio Board Terms of Reference – Appendix 2 to the report;
iv.  note the engagement activity that has been undertaken – Appendix 3 to the report; and
v.   note the same Portfolio Report – Appendix 4 to the report.

11. Communications Strategy 2024-27
Ro-innleachd Conaltraidh Chorporra 2024-27

There is circulated Report No. HC/15/24 by the Chief Executive.

The Council is invited to:-

i.  note the achievements to date; and
ii. agree the Communication and Engagement Strategy 2024-27.

12. Decision of Standards Commission for Scotland – Hearing
Co-dhùnaidhean Coimisean Inbhean na h-Alba – Èisteachd 

There is circulated Report No. HC/16/24 by the Head of Legal and Governance/Monitoring Officer.

The Council is invited to consider and note the decision of the Standards Commission of Scotland.

13. Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

There is circulated for noting a list of deeds and other documents executed on behalf of the Council since the meeting held on 14 December 2023.

14. Notices of Motion
Brathan Gluasaid 

The following Notices of Motion have been received by the Head of Legal and Governance – 

i. Council notes that in just a week, over 5000 people signed the petition to ban the Inverness march by the Apprentice Boys of Derry and the Apprentice Boys of Inverness, notes that Orange Order marches are founded on anti-Catholic sectarianism, believes that this has no place in the Highlands, and therefore asks officers to examine means by which they could refuse permission for any future Orange Order marches in the Highlands.

Signed: Mr C Ballance  Mr A Baldrey

Section 95 Officer assessment of financial implications:

This motion is not anticipated to have a financial implication to the Council.

ii.“Dangers of Spiking Drinks

That the Council requests:

• That licenced venues include drink and injection spiking training to all staff to improve public safety, ideally with yearly refresher courses. This would give staff the knowledge to identify victims, to spot potential acts of spiking, to know how to protect members of the public and get them to safety and, if needed, to call the police and/or an ambulance.
• That with Partners the Council produces a training video to be used by venues rather than rely solely on face to face training.
• That licenced premises carry testing kits, so that if a member of the public reports a suspicion of being spiked, that their drink can be tested and the offending drink kept for police investigation. 
• That if a suspicion of spiking is reported to a member of staff, that the venue retain that nights CCTV for 6 months on a memory stick or disc (this is requested at minimal expense for the venue as there will be no addition cost to upgrading CCTV systems but will vastly assist police investigation). The reason for 6 months is at the request of the police - as that is often how long it can take victims to come forward. That posters raising awareness of spiking are displayed on the premises - especially during freshers weeks
• For PSE to review the curriculum to ensure an adequate awareness of drink and injection spiking." 

Signed:  Ms M M MacCallum   Mr A Christie   Mrs J McEwan  Mr J Grafton   Mr P Logue   Mr A Graham   Mr R Gunn
         
Section 95 Officer assessment of financial implications:

This motion is not anticipated to have a financial implication to the Council.

iii. We are aware of further reductions in banking services with the closure of the Royal Bank of Scotland in Inverness and particularly the loss of the Mobile Bank Service by the Bank of Scotland covering rural areas of Sutherland including Lairg, Bonar Bridge, Dornoch and Helmsdale at the end of May 2024.

This is evidence of a further erosion of vital services across the Highlands with a significant detrimental impact on our elderly population.  Quite simply if you live in any of the areas affected and you don't have access to the Internet you are effectively denied access to anything other than the most basic banking services and even then, only if you can access a post office.

That being the case this Council asks that the Leader write to the Scottish Government to express our concerns, particularly relating to age discrimination, about the removal of this most important service and ask for the First Minister to intervene and plead the case in the strongest possible terms for the retention of the mobile banking service across the rural Highlands. 

Signed:  Mr M Baird  Mr R Gale

Section 95 Officer assessment of financial implications:

This motion is not anticipated to have a financial implication to the Council.

iv. The New School visit protocol that has been introduced has driven a wedge between local Council Members and their schools. To introduce a protocol that insists that Members have to have prior approval from the Education ECO is totally unnecessary and overly bureaucratic.

The burden that this places not only on Members but also on Teaching Staff is excessive and unnecessary. It also prevents Teachers being able to have an open and frank discussion on the needs of any particular school without senior managers being party to that conversation. 

While it is agreed that Head Teachers should have the right to sanction or deny a school visit as they see fit, it is not appropriate to mandate that Members should have to go through the ECO in order to arrange a school visit.

Most members will have a good working relationship with the schools in their ward and this protocol hampers that relationship.

That being the case the Council will amend the protocol to allow Head Teachers total control of school visits. In addition, Council Members will only visit a school once prior approval has been agreed by the Head Teacher and at a suitable time that will not cause any disruption to the staff or pupils.

Signed: Mr R Gale  Mrs H Crawford   Mr D Gregg   Mr M Baird   Mrs J McEwan    Mr J McGillivray    Mr A Graham     Mrs T Roberston     Mr J Grafton   Mr R Gunn

Section 95 Officer assessment of financial implications:

This motion is not anticipated to have a financial implication to the Council.

v. Noting that Highland Council has a record of showing solidarity to groups who endure great struggles and highlighting their blight, such as the action of flying the Ukraine flag in sympathy with the people of Ukraine against Putin’s Russia. This Council agrees to fly the Palestinian flag for a period of one week to demonstrate the Highlands support for the Palestinian people.

Signed: Mr R MacKintosh   Mr C Ballance

Section 95 Officer assessment of financial implications:

This motion is not anticipated to have a financial implication to the Council.

vi. Rewilding Nation Charter Motion
Scotland now ranks as one of the most nature depleted countries on Earth. In 2019, the Highland Council declared a climate and ecological emergency, and in 2022 the ecological emergency was added to the Council's Corporate Risk Register. In 2023, the Council became a signatory to the Edinburgh Declaration, underlining on the world stage its commitment to tackle the ecological emergency and reverse biodiversity loss. 

This Council recognises that we have a key role to play in tackling the ecological emergency in Highland and agrees to sign the Rewilding Nation Charter urging the Scottish Government to declare Scotland a Rewilding Nation, committing to nature recovery across 30% of our land and seas, to benefit nature, climate and people.

https://www.rewild.scot/charter

Signed: Ms K Willis Mr C Balance

Section 95 Officer assessment of financial implications:

This motion is not anticipated to have a financial implication to the Council.

vii. We the undersigned move the HC to agree to a full review over the closure of the Avonlea Children’s facilities for the following reasons:-

1. Given the recent information on the STV news and newspapers regarding a manager at the centre were senior officers aware of this users complaint?
2. Were senior officers open and transparent with local councillors on the facts and circumstances surrounding their reasons for the closure of Avonlea.
3. At the time senior officers had the capacity, time and resources to improve the Avonlea management care issues raised in the first Care Inspector report to the final report and nothing was improved.
4. Highland Council have broken “ The Promise” to the children of Caithness by not listening to children in their care and their decision making.

Signed: Mrs J McEwan   Mr J Grafton    Mr R Gunn   Mr M Reiss   Mrs T Robertson   Mr A Graham   Ms M M MacCallum

Section 95 Officer assessment of financial implications:

This motion is not anticipated to have a financial implication to the Council. It is assumed that a review would be undertaken within existing resources/officer time.

viii.    We, the undersigned, call on Highland Council to reinstate the former Respite Services at Thor House, Thurso which were stopped, without consultation, during 2019 and 20220.  The background reasons for this Motion include:

1. at present no similar service is available in Highland except, possibly, in Inverness. 
2. This unacceptable situation harms both children and their families who find themselves in an impossible and stressful situation. 
3. Thor House is being partially converted into a Childrens Home but is a building that does not conform to Scottish Government guidance or The Promise. It was specifically built to a design to provide overnight respite care for young people with additional needs.
4. There is a purpose built Childrens Home in Wick that is only 9 years old but this ,too, has been closed without the consent of local Members”.
  
Signed:  Mr M Reiss   Mr R Gunn   Ms M Smith   Mr D Macpherson 

Section 95 Officer assessment of financial implications:

This motion is anticipated to have a financial implication to the Council.  

At present Thor House is operating as a residential provision for children.  There are 4 children currently in residence.  To re-instate Thor as Respite provision would result in additional costs associated with the operating of both a Respite Facility and a separate Residential Facility.

This assumption is based on very clear advice from the Health and Social Care team that such services would need operate separately, and Care Inspectorate would not allow registration for a single combined facility. Hence the use of Thor House for Respite would necessitate the provision of a separate Residential Facility for those children currently accommodated there.

Over and above the current costs of operating Thor House, it is estimated that the additional costs of the motion would be £530,000 per annum to reflect the need to operate both Respite and separate Residential Facilities.  This takes account of service estimates of likely Residential capacity required.  Any scope to reduce staffing and operating costs, considering for example if there may be scope for staff to operate across two facilities, would need further assessment once specific plans and options were prepared.

The costs quoted excludes any one-off capital or setup costs, or any ongoing rental, which may be associated with the creation of a new facility.  These costs could only be estimated once options for a specific new facility were identified and costed.