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APPENDIX 2

HAMPSHIRE CHILDREN'S FUND PARTNERSHIP

MEMORANDUM OF AGREEMENT BETWEEN

THE HAMPSHIRE CHILDREN'S FUND PARTNERSHIP BOARD

AND HAMPSHIRE COUNTY COUNCIL AS THE LEAD AGENCY

AND ACCOUNTABLE BODY

This Memorandum of Agreement defines the responsibilities of Hampshire County Council, as Lead Agency and Accountable Body for the purposes of the implementation of the Children's Fund Programme.

1. Duration

1.1 This Agreement will commence on 1 April 2003 for a period of three years unless varied or extended by agreement between the parties.

2. Background

2.1 The Children's Fund is part of a Government strategy to tackle child poverty and social exclusion. The Fund will primarily target five - thirteen year olds at risk from social exclusion thus bridging the gap between initiatives already in place. The objectives will be achieved by identifying need in specific areas and commissioning services to meet that need.

2.2 It will be the responsibility of the Hampshire Children's Fund Partnership Board ("the Board") to oversee and provide strategic direction for the Children's Fund to fund within Hampshire and to set up local partnership groups that are representative of all relevant sectors of the community. The Board is made up of representatives from the voluntary sector, statutory agencies and local partnerships. The Board is directly accountable to the Children and Young Persons Unit and to the Government Office South-East (GOSE).

2.3 A copy of the Hampshire Children's Fund Board Terms of Reference is appended at Schedule 1.

2.4 In order that funding can be properly managed and meet the requirements of guidance produced by the Government and so that staff can be employed and receive appropriate supervision, personnel development, training and support, a Lead Agency and Accountable Body must be appointed. It has been determined by the Board that the Lead Agency and Accountable Body functions for the Hampshire Children's Fund will be undertaken by Hampshire County Council.

3. Delegation of Grant Making Power

3.1 Through the decision of the Executive Member for Social Care, the County Council will delegate the authority to make grants to voluntary bodies, to the Hampshire Children's Fund Management Board, which will be made in accordance with Hampshire County Council's procedures.

4. Grant Monitoring

The grant making decisions taken by the Board will be reported back to the Executive Member for Social Care, through the usual County Council budget monitoring procedures.

5. Services to be Provided by Hampshire County Council as the Accountable Body

5.1 As the Accountable Body, Hampshire County Council will provide financial services to meet the requirements of Government guidance entitled Children's Fund Financial Guidance: Guidance for the Partnerships on Managing the Children's Fund.

5.2 These services will be on the agreed terms and conditions as specified in any
grant letter accompanying Children's Fund payments but may include inter
alia:-

(a) The use of comprehensive accounting system with timely and relevant management information to be provided to the Board,

(b) The preparation and submission of annual accounts,

(d) Identify a nominated Finance Manager who will assume responsibility for matters relating to the management of the Children's Fund Grant Allocation,

(e) Ensure compliance with financial regulations and audit requirements including the timing of payments.

(f) Produce an annual budget based on forecast expenditure analysed between central partnership costs, capital costs, monitoring and evaluation,

(g) Identification and advise to the Board concerning the adoption of appropriate financial controls,

(h) Provide general finance advice to the Board if required.

6. Services to be Provided by Hampshire County Council as the Lead Agency

6.1 As the Lead Agency to the Hampshire Children's Fund Hampshire County Council will employ, under its normal terms and conditions of service, the staff identified at Schedule 2.

6.2 The Management and Accountability arrangements for the Programme Manager will be in accordance with the Job Description for the Post attached hereto at Schedule 3.

6.3 The selection of such staff will be in accordance with the provisions of Schedule 3. At the end of the term of the agreement, if it is not extended by mutual consent, the County Council will use its best endeavours to suitably redeploy staff within the Social Services Department of Hampshire County Council.

6.4 Intellectual Technology Equipment and support services will be provided
through the Lead Agency as required.

7. Delivering the Service

7.1 The Accountable Body will ensure that all staff employed in the provision of
any of the services referred to above are suitably qualified and experienced
and that in all cases the services are provided to a sound professional standard.
The relevant nominated officer will provide such information as is required by
the Board provided always that such requirements are reasonable and timely
notice is given.

8. Charges

8.1 The CPU has allocated 12.5% of the grant to be spent in management costs
and this will include the costs incurred in the provision of services by the
Accountable Body and the Lead Agency. All costs incurred by Hampshire
County Council as Lead Agency and Accountable Body will be reimbursed by
the Children's Fund to this limit in accordance with the costing mechanism at
Schedule 4.

9. Resolving Disagreements

9.1 Any concerns or complaints about the level of quality of service should be
referred to the Programme Manager. If the Board would prefer to raise the
concern with someone else or is dissatisfied with the Programme Manager's
response, the Board may raise the matter with the County Manager (Children
and Families) by putting their concerns in writing. Any concerns of the
Accountable Body (for example in the clarity of instructions given etc) should
be made in writing to the Chairman of the Hampshire Children's Fund
Partnership Board if liaison with the Programme Manager is unable to resolve

the issue.

10. Indemnities

10.1 The County Council will accept legal liability for any losses to the Children's
Fund where such losses are as a result of the negligence of its officers in the
execution of services identified above. Responsibility and liability for any
losses incurred as a result of the negligence or otherwise of the Board, Board
Members or Local Partnerships in the exercise of their functions will not fall
to the lead agency or Accountable Body.

11. Termination

This Agreement will be reviewed formally on an annual basis to ensure that its terms continue to reflect the requirements of the Children's Fund guidance, the need for support by the Hampshire Children's Fund Board and any circumstances impacting upon Hampshire County Council, as Lead Agency and Accountable Body, which may affect its ability to provide such services. If it is identified that the termination of the Agreement should be pursued this could be done under one of the following conditions:-

(a) there was mutual agreement to dissolve the arrangement to a timescale agreed between the parties. This timescale would not normally be less than six months/one year,

(b) either Hampshire County Council or the Hampshire Children's Fund Partnership Board may give six months notice of termination if the review process has identified that the arrangement is failing to meet either the requirements of the Government guidance or the needs of the Hampshire Children's Fund Partnership Board, where there is a failure to agree a course of remedial action acceptable to both parties. Prior to the giving of such a notice, both organisations would involve their highest level of executive decision making in an attempt to resolve the problem to mutual benefit.

(c) Changes are necessitated by national or regional guidance, legislation or organisational change affecting the County Council.

Approved by the Commissioning Body at the first meeting on 2003.

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