PARTNERSHIP AGREEMENT FOR THE INTEGRATED PROVISION OF HEALTH AND SOCIAL CARE SUBSTANCE MISUSE SERVICES IN SOUTH EAST HAMPSHIRE

Between

HAMPSHIRE COUNTY COUNCIL

and

PORTSMOUTH CITY PRIMARY CARE NHS TRUST

SECTION 1: DATE OF AGREEMENT AND PARTIES

This Agreement is made the day of 2004 between Hampshire County Council of The Castle, Winchester SO23 8UJ (" the Council") and Portsmouth City Primary Care NHS Trust of Trust Central Office, St James Hospital, Locksway Road, Portsmouth PO4 8LD ("the Trust")

SECTION 2: INTERPRETATION AND BACKGROUND

2.1 Definitions

In this Agreement the following terms shall have the following meanings:

HMC&E Her Majesty's Customs and Excise

The Act the Health Act 1999

The Arrangements arrangements as set out at Section 4

The Commencement Date 2004

The Council Functions those functions of the Council which are necessary for the management of the Services for the Client Group under the enactments set out in Part 1 of Schedule 1. These functions may be subject to amendment as a result of changes in legislation regulations or guidance from time to time.

The Client Group those service users either receiving or eligible to receive the Services and living within the South East Hampshire area

The First Financial Year the year from 1 April 2004 to 31 March 2005

The Functions the Council Functions and the Trust functions as set out in Schedule 1

The Integrated Management Team the team of managers identified in Schedule 3 Part 3 provided/made available by the Trust and the Council for managing the services referred to in this Agreement

The Initial Term the period of 5 years commencing on the Commencement date

The Partnership Group the Group established by the Council and Trust to ensure that the management of the services is being carried out in accordance with the Arrangements

The Services Substance Misuse services for adults of working age as specified in Schedule 2

The Service Agreements any agreements entered into by the Commissioning team in accordance with the Provisions of this Agreement

The Staff the staff to be contributed by the parties to the Arrangements and who will form part of the Integrated Structure to be employed to carry out the Functions and Services (but not) the staff providing the central support services referred to at Part 2 of Schedules 3 and 4

The Trust Functions those Functions of the Trust which are necessary for the management and provision of the Services for the Client Group under the enactments set out in Part 2 of Schedule 1. These Functions may be subject to amendment as a result of changes in legislation regulations or guidance from time to time.

TUPE the Transfer of Undertakings Regulations (Protection of Employment) Regulations1981

2.2 INTERPRETATION

2.2.1 References to statutory provisions shall be construed as references to those provisions as respectively amended or re-enacted (whether before or after the Commencement Date) from time to time

2.2.2 The headings of the clauses in this agreement are for reference purposes only and shall not be construed as part of this Agreement or deemed to indicate the meaning of the relevant clauses to which they relate

2.2.3 References to Schedules are references to the Schedules to this Agreement and a reference to a paragraph is a reference to the paragraph in the Schedule containing such reference

2.2.4 References to a person or body shall not be restricted to natural persons and shall include a company corporation or organisation

2.2.5 Works importing the one gender shall include the other genders and words importing the singular number only shall include the plural

2.3 BACKGROUND:

2.3.1 The Council and the Trust have agreed to enter into partnership arrangements in accordance with Section 31 Health Act 1999, as described in this agreement for the purpose of creating integrated management of services for adults with substance misuse needs within the South East Hampshire area.

2.3.2 The aims of entering into these arrangements are:

· to improve the efficiency of substance misuse delivery through integrated line management and service provision

· to facilitate the implementation of the National Models of Care for Substance Misuse

· to share and streamline management capacity, strengthen team structure and facilitate the governance of the service

· To satisfy the objectives of the Council's Corporate Strategy and best value improvement plans.

· To satisfy the objectives of the PCT Local Delivery Plan agreed with Hampshire and the Isle of Wight Strategic Health Authority.

SECTION 3: OUTLINE OF THE PARTNERSHIP AGREEMENT

3.1 Duration of the Agreement

This Agreement shall come into force on the Commencement Date and shall continue until terminated in accordance with the provisions of paragraphs 7.1 and 7.2.

3.2 Brief details of the Arrangements Functions and Services

3.2.1 The Arrangements are to comprise the following:

· the establishment of an Integrated Structure for the management of the Services for the Client Group in order to fulfil the Functions

· the exercise by the Trust of the Trust Functions and the management of the Council Functions, on behalf of the Council, as regards the Client Group

3.2.1 The Services to be provided by the parties in satisfaction of the Functions are set out at Schedule 2. Those services which the Council has always been responsible to provide for the Client Group will continue to be provided by the Council but managed by the Trust in accordance with the Integrated Structure for the management of the Services.

3.2.2 The Functions and Services referred to at paragraph 3.2.1 may be excluded but only as agreed in writing by the parties from time to time. The current exclusions as at the Commencement Date of this agreement are set out at Schedules 1 and 2.

3.2.3 the parties agree that whilst the Services at 3.2.1 may be varied, no such change will take place without the agreement of the parties.

SECTION 4: THE INTEGRATED STRUCTURE

4.1 The Integrated Management Team

4.1.1 The Council and the Trust will set up the Integrated Management Team.

4.1.2 The day to day management of the Services in accordance with the Functions will be the responsibility of the Integrated Management Team. The overall responsibility for the performance of the Integrated Management Team shall be that of the Service Manager (Portsmouth and South East Hampshire Substance Misuse Service) Portsmouth City Primary Care Trust.

4.1.3 The Service Manager (Portsmouth and South East Hampshire Substance Misuse Service) shall report to the Portsmouth & SE Hampshire Substance Misuse Partnership Group (`the Partnership Group').

4.2 The Partnership Group

4.2.1 The Trust and the Council agree that they shall establish and maintain a Partnership Group whose members shall be:

· Trust Associate Director (Health Development and Social Inclusion)

· Service Manager (Portsmouth & SE Hants Substance Misuse Service)

· Lead Consultant (Portsmouth & SE Hants Substance Misuse Service)

· County Manager (Mental Health)

· Strategic Service Manager (Mental Health and Substance Misuse)

· Other members co-opted by agreement

4.2.2 The terms of reference and provisions for governance of the Partnership Group are given in Schedule 6.The general remit of the Partnership Group is to monitor and oversee the delivery of the Services and exercise of the Functions by the Integrated Management Team together with supporting the implementation of any strategic plan or variation to the Services as ratified by the Council and the Trust.

4.2.3 The particular responsibilities of the Partnership Group are as follows:

· to receive feedback and reports on the Functions that the Trust carries out through the Integrated Management Team

· to monitor the effectiveness of these Arrangements against the performance indicators set out in Schedule 5.

· to monitor and advise on resource allocation and highlight cost pressures to the parties through reporting lines to be agreed between the parties

· to advise upon any proposed changes to the Services that the Integrated Management Team might put to it

· to approve changes to the management structure and to agree changes to the financial arrangements

· to act as a forum for the resolution of disputes

4.2.4 The Parties may agree from time to time to modify extend or restrict the remit of the Partnership Group as set out at paragraphs 4.2.2 and 4.2.3

4.2.5 In respect of the Functions of the Trust which are the subject of these Arrangements:

· All NHS Contracts and other contracts with third parties for such matters shall be entered into by and in the name of the Trust

· The Integrated Management Team will report to the Trust

4.2.6 In respect of the Functions of the Council which are the subject of these Arrangements:

· All contracts with third parties in respect of such matters shall be entered into by and in the name of the Council

· The Integrated Management Team will report to the Council.

4.3 Decision making

Decisions taken at the Partnership Group level are taken by the representatives of the parties in accordance with their delegated authority and neither party has the power to bind the other without its consent.

4.4 Staffing within the Integrated Structure

4.2.1 In accordance with Section 113 of the Local Government Act 1972, certain members of Staff of the Council currently employed by the Council in the management of the Services shall be made available to the Trust. This is on the following basis:

· That the parties are of the opinion that TUPE does not apply to these Arrangements.

· Staff shall continue to be employed by the party who employs them at the date of this agreement and shall retain their current terms of employment

· Any recruitment that shall take place pursuant to these Arrangements shall be carried out with the agreement of the parties

4.2.2 For the avoidance of doubt, in the event that a member of Staff employed by one party (the manager) is the manager of a member of Staff employed by the other party (the managed person), pursuant to these Arrangements the manager shall be authorised to instruct the managed person and to take any appropriate management action in respect of that managed person but in accordance with any personnel procedure that should apply to the managed person. The parties will use their best endeavours to incorporate any necessary provisions in staff terms and conditions.

SECTION 5: FINANCE AND RESOURCES

5.1 Financial Arrangements

5.1.1 Subject to the provisions set out in Schedule 4, the Integrated Management Team shall be authorised to commit resources for the provision of the services from both Trust and Council budgets. The Integrated Management Team shall also be responsible for managing both budgets and reporting to the parties representatives, namely the Trust's Associate Director (Health Development/Social Inclusion) and the County's Mental Health Manager, as agreed.

The available resources are identified in Part 1 of Schedule 3 and Part 1 of Schedule 4.

5.1.2 The provisions of paragraph 5.1.1 apply save to the extent that the Council and the Trust may agree after the date of this Agreement to enter into pooled budget arrangements in accordance with all applicable law guidance and directions from time to time. This Agreement will then be replaced by a Final Agreement ("the Final Agreement").

5.1.3 The parties shall agree and implement appropriate financial and accounting procedures and arrangements in order to ensure full compliance with this paragraph 5.1.1 and probity.

5.2 Trust contributions

5.2.1 The Trust will provide the central support services set out at Part 2 of Schedule 4. These central support services will be managed by the Trust who shall provide these services outside the Arrangements.

5.2.2 The Trust will provide or make available:

· the Staff specified in Part 3 of Schedule 4.

· all existing contracts exclusively relating to the Trust Functions as specified at Part 4 of Schedule 4.

· the use of the premises specified at Part 5 of Schedule 4 or such suitable alternative premises

5.3 Council Contributions

5.3.1 The Council will provide the Central Support Services set out at Part 2 of Schedule 4. These Central Support Services will be managed by the Council who shall provide these services outside the Arrangements.

5.3.2 The Council will provide or make available

· the Staff specified in Part 3 of Schedule 4.

· all existing contracts exclusively relating to the Council Functions as specified at Part 4 of Schedule 4.

· the use of the premises specified at Part 5 of Schedule 4 or such suitable alternative premises

5.4 VAT

The parties shall agree the treatment of the Arrangements for VAT purposes with HMC&E

5.5 Indemnities and Liabilities and Insurance

5.5.1 As this Agreement is only concerned with the integration of the management of the Services and not the integration of the Services themselves which, until agreed otherwise, will be the responsibility of the Party that has delivered them prior to the Commencement Date, each Party shall remain liable to third parties for the delivery of those Services which have been their responsibility prior to the Commencement Date.

5.5.2 Each Party (the "First Party" ) shall indemnify the other Party (the "Second Party") its officers and employees and agents against any damage, cost, liability, loss, claim or proceedings whatsoever arising in respect of:

· any damage to property real or personal including (but not limited to) any infringement of third party patents copyrights and registered designs;

· any personal injury;

· any fraudulent or dishonest act of Staff;

· any Service User complaint or investigation by the Health Service Commissioner or Local Government Commissioner for England or any similar entity;

5.5.3 Arising out of or in connection with the Arrangements in so far as such damage, cost liability loss claim or proceedings shall be due directly or indirectly to any negligent act or omission or any breach of this Agreement by the First Party its officers or employees provided that for the purposes of this indemnity the seconded staff shall be treated as employees of the Trust.

5.5.4 Where the First Party has only contributed partially to the cause of any damage, cost, liability, loss, claim or proceedings, it shall only be liable to indemnify the Second Party for such proportion of the total costs of such damage, cost, liability, loss, claim or proceedings as its contribution to the cause bears to the total damage, cost, liability, claim or proceedings. Where the Parties are unable to agree any such apportionment the disputes procedure in paragraph 7.9 shall apply.

5.5.5 Each party shall ensure that they maintain policies of insurance (or in the case of the Trust equivalent arrangements through the schemes operated by the National Health Service Litigation Authority) in respect of employers liability, liability to third parties and other insurance arrangements to cover the matters referred to in paragraphs 5.5.1 and 5.5.6.

5.5.6 The Council shall indemnify the Trust against any claims by Staff and/or any additional costs reasonably incurred by the Trust in the employment of such Staff whose employment may (notwithstanding the parties' intentions) have transferred to the Trust under TUPE as a direct result of such transfer only where such liability arises by virtue of any negligence and/or omission by the Council prior to the Commencement Date.

SECTION 6: OPERATIONAL ISSUES, REVIEWS AND REPORTING

6.1 Monitoring, Quarterly and Annual Reviews and Reporting

6.1.1 The Integrated Management Team will monitor operational delivery of the integrated services via the Trusts management arrangements; specifically via monthly Business Team meetings reporting to the Partnership Group.

6.1.2 The managers within the Integrated Management Team will monitor the effectiveness of the Arrangements in carrying out their job descriptions, reporting to the Business Team.

6.1.3 At the end of each quarter in each financial year the Trust shall report to the Council and to the Partnership Group on the exercise of the Council Functions as part of the Arrangements

6.1.4 The Trust will supply such information and reports to the Council and to the Partnership Group as may reasonably be required and/or in accordance with the Directions that the Partnership Group may make.

6.1.5 The Partnership Group will review the arrangements on an annual basis against the performance indicators given in Schedule 5.

SECTION 7: TERMINATION AND OTHER PROVISIONS

7.1 Early Termination

7.1.1 Either party may at any time by notice in writing to the other party terminate this Agreement after 28 days from the date of service of such notice if

· the other party commits a material breach of any of its obligations hereunder which is not capable of remedy or

· the other party commits a material breach of any of its obligations hereunder which is capable of remedy but has not been remedied within a reasonable time after receipt of written notice from the terminating party serving notice requiring remedy of the breach

7.1.2 Either party may by written notice to the other party terminate this Agreement if:

· as a result of any change in law or legislation it is unable to fulfil its obligations hereunder

· its fulfilment of its obligations hereunder would be in contravention of any guidance from any Secretary of State issued after the date hereof

· its fulfilment of its obligations would be ultra vires

And the parties shall be unable to agree a modification or variation to this Agreement so as to enable the party to fulfil its obligations in accordance with law and guidance.

7.1.3 In the case of notice pursuant to paragraph 7.1.2 the Agreement shall terminate after such reasonable period as shall be specified in the notice having regard to the nature of the change or guidance referred to in paragraph 7.1.2 as the case may be.

7.1.4 This Agreement will terminate automatically on the commencement date of the Final Agreement..

7.2 Winding Down

7.2.1 If this Agreement terminates prior to or without a Final Agreement being implemented, under paragraph 7.1, or through expiry of this Agreement for any other reason, the parties agree as follows:

· They will work together and co-operate to ensure that the winding down and disaggregation of the Integrated Structure and joint activities to the separate responsibilities of the Trust and the Council is carried out smoothly and with as little disruption as possible to service users, Staff, the parties and third parties; and

· They will work together for a period of 6 months commencing on the date of termination of this Agreement so as to wind down the Arrangements in accordance with this paragraph.

7.3 Confidentiality

7.3.1 Except as required by law, each party agrees at all times during the continuance of this Agreement and after its termination to keep confidential all documents or papers which it receives or otherwise acquires in connection with the other and which are marked "Commercial - in confidence" or such other similar words signifying that they should not be disclosed. For the avoidance of doubt this clause will also cover confidential information relating to any client of any party and shall not affect the rights of any workers under Section 43 A-L of the Employment Rights Act 1996.

7.3.2 The parties will ensure that the Arrangements comply with all relevant data protection legislation regulations and guidance and that the rights of access by Service Users to their data are observed.

7.4 Complaints

7.4.1 Any complaints relating to the social care functions or services or commissioning relating to the work of the Integrated Management Team shall be dealt with in accordance with the Statutory Complaints procedure of the Council.

7.4.2 Any complaints relating to the health care functions or services or commissioning relating to the work of the Integrated Management Team shall be dealt with in accordance with the Statutory Complaints procedure of the Trust.

7.4.3 Insofar as any complaint may relate to the content of this Agreement or to the operation of the Partnership arrangements, such complaints shall be referred to the Partnership Group or such Officer as it nominates for the procedure adopted by it for the handling of complaints to be carried through.

7.5 Waivers

7.5.1 The failure of either party to enforce at any time or for any period of time any of the provisions of this Agreement shall not be construed to be a waiver of any such provision and shall in no matter affect the right of that party thereafter to enforce such provision.

7.5.2 No waiver in any one or more instances of a breach of any provision hereof shall be deemed to be a further or continuing waiver of such provision in other instances.

7.6 Entire Agreement

7.6.1 The terms herein contained together with the contents of the Schedules constitute the complete agreement between the parties.

7.6.2 No agreement or understanding varying or extending any of the terms or provisions hereof shall be binding upon either party unless in writing and signed by a duly authorised officer or representative of the parties.

7.7 Governing Law

This Agreement shall be governed by and construed in accordance with English Law.

7.8 Disputes

7.8.1 In the event of a dispute between the parties in connection with this Agreement the parties shall refer the matter to the Chief Executive of the Trust (or his/her nominated deputy) and the Director of Social Services of the Council (or his/her nominated deputy) who shall endeavour to settle the dispute between themselves.

7.8.2 In the event that these persons cannot resolve the dispute between themselves within a reasonable period of time having regard to the nature of the dispute, the matter may be referred for mediation. As a final resort either party may refer the matter to the courts.

7.9 Transfers

The parties may not assign mortgage transfer sub-contract or dispose of this Agreement or any benefits and obligations hereunder without the prior written consent of the other except to any statutory successor in title to the appropriate statutory functions.

7.10 No Partnership

7.10.1 Nothing in this Agreement shall create or be deemed to create a legal partnership or the relationship of employer and employee between the parties or render either party directly liable to any third party for the debts, liabilities or obligations of the other.

7.10.2 Save as specifically authorised under the terms of this Agreement neither party shall hold itself out as the agent of the other.

7.11 Notices

7.11.1 Any notice or communication in relation to this Agreement shall be in writing.

7.11.2 Any notice or communication to the Council shall be deemed effectively served if sent by registered post or delivered by hand to the Council at the address set out above and marked for the Director of Social Services or to such other addressee and address notified from time to time to the Trust for service on the Council.

7.11.3 Any notice or communication to the Trust shall be deemed effectively served if sent by registered post or delivered by hand to the address set out above and marked for the attention of the Chief Executive or to such other addressee and address notified from time to time to the Council for service on Trust.

7.11.4 Any notice served by delivery shall be deemed to have been served on the date it is delivered to the addressee. Where notice is posted it shall be sufficient to prove that the notice was properly addressed and posted and the addressee shall be deemed to have been served with the notice 48 hours after the time it was posted.

7.12 Assignment of Transfer

This Agreement and any right and conditions contained in it may not be assigned or transferred by any party without the prior written consent of the other party except to any statutory successor to the relevant function

7.13 Severability

If any term, condition or provision contained in this Agreement shall be held to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall not affect, the validity, legality or enforceability of the remaining parts of this contract.

7.14 The Contracts (Rights of Third Parties) Act 1999

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and accordingly the parties to this Agreement do not intend that any third party should have any rights in respect of this Agreement by virtue of that Act

SECTION 8: SIGNATORIES

IN WITNESS whereof this Agreement has been executed by the following parties on the date of this Agreement

EXECUTED by

PORTSMOUTH CITY PRIMARY CARE NHS TRUST

By affixing its seal in the presence of:

..................................................

AUTHORISED OFFICER

THE COMMON SEAL OF HAMPSHIRE COUNTY COUNCIL

was hereunto affixed in the presence of :

..........................................................................

AUTHORISED SIGNATORY

SCHEDULE 1

FUNCTIONS TO BE INCLUDED AND EXCLUSIONS

PART 1 - COUNCIL FUNCTIONS

The functions for the management of the Services under the following enactments:

Sections 21, 23 - 27, 29, 30, 44, 48 and 56 (3) of the National Assistance Act 1948.

Section 3 of the Disabled Persons (Employment) Act 1953.

Section 8 of the Mental Health Act 1959.

Sections 45 and 65 of the Health Services and Public Health Act 1968.

Sections 1, 2 and 18 of the Chronically Sick and Disabled Persons Act 1970.

Schedule 5 of the Supplementary Benefits Act 1976.

Schedule 8 of the National Health Service Act 1977

Parts II, III and IV and Sections 66, 67, 69(1), 116, 117 and 130 of the Mental Health Act 1983.

Section 17 of the Health & Social Services and Social Security Adjudications Act 1983.

Section 46(2) and (5) of the Public Health (Control of Disease) Act 1984.

Section 213 (1)b of the Housing Act 1996.

Sections 5, 7 and 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986 except insofar as they assign functions to a local authority in their capacity as a local education authority.

Section 46 and 47 of the NHS and Community Care Act 1990.

Section 1 of the Carers (Recognition and Services) Act 1995.

The Community Care (Direct Payments) Act 1996.

The Carers and Disabled Children Act 2000 insofar as it confers functions on a local authority within the meaning of the Act.

Part 4 of the Health & Social Care Act 2001 insofar as it confers functions on a local authority in England or Wales within the meaning of that part.

Excluded functions:

Functions under Sections 22, 23(3), 26(2) -(4), 43, 45 and 49 of the National Assistance Act 1948 relating to the assessment, charging and recovery of costs in respect of residential accommodation.

Sections 114 and 115 of the Mental Health Act 1983 relating to the appointment of Approved Social Workers and the power to enter and search premises.

SCHEDULE 1

FUNCTIONS TO BE INCLUDED AND EXCLUSIONS

PART 2 - TRUST FUNCTIONS

Providing or making arrangements for the management and provision of services under Sections 2, 3(1) and 5(1) of the NHS Act 1977 including rehabilitation services and services intended to avoid admission to hospital.

Functions under Sections 25A to 25H and Section 117 of the Mental Health Act 1983.

Excluded functions:

Surgery; radiotherapy; termination of pregnancies; endoscopy; use of Class 4 laser treatments; other invasive treatments; and emergency ambulance services.

SCHEDULE 2

SERVICES TO BE INCLUDED

Substance Misuse Services to include:

Triage/Assessment/Shared Care Management

Social Work Services

Approved Social Worker Services

Community Care Services

Day Services

Therapy Services

Acute In-patient Services

Rehabilitation In-patient Services

Rehabilitation Services

Inpatient Services

Psychiatry and Out-patient Services

Excluded Services

Specialist Social Work services provided for in-patient forensic units

Drug Treatment and Testing Orders Service

Young People's Substance Misuse Service (E's Up)

Invasive procedures, including acupuncture, delivered by employees of the Council

SCHEDULE 3

CONTRIBUTIONS BY THE TRUST

PART 1

FINANCIAL BUDGET TO BE MADE AVAILABLE FOR COMMISSIONING BY THE TRUST

FOR THE FIRST FINANCIAL YEAR

From NHS baseline budgets:

Fareham & Gosport Community Drug and Alcohol Service (Avalon): £235,427

East Hampshire Community Drug and Alcohol Service (Orion): £223,577

Prescribing Costs (Share of District Budget): £207,149

Additional DAT Treatment/Prescribing (SE Hants) £54,036

Additional DAT Management and Administrative Support (SE Hants) £43,845

All costs are indicative, not absolute, for the purposes of this Agreement. Does not include some budget allocations from district service utilised to support SE Hants services (eg Training, Project Management).

All costs given at 2003/04 prices: uplift for 2004/05 will be confirmed during 2004/05 financial year.

PART 2

CENTRAL SERVICES TO BE PROVIDED BY THE TRUST

Reasonable financial, human resources, information technology support, training and other central resources to support the Arrangements on the basis that the Council will be making a similar contribution.

PART 3

STAFF TO BE PROVIDED/MADE AVAILABLE BY THE TRUST

Integrated Management Team:

Service Manager (Portsmouth & SE Hants Substance Misuse)

Service Co-ordinator (Community and Smoking Cessation)

Service Co-ordinator (Residential)

Fareham & Gosport Resource Centre (Avalon)

1wte Clinical Manager

2.32wte F Grade Practitioners

1 wte Practitioner (Duty and Assessment)

1.85 wte C Grade Support Workers

2.23wte Administrative Support

East Hampshire Resource Centre (Orion)

Clinical Manager

2.64wte F Grade Practitioners

1wte Practitioner (Duty and Assessment)

1.85wte C Grade Support Workers

PART 4

CONTRACTS ENTERED INTO BY THE TRUST TO BE

MADE AVAILABLE TO THE ARRANGEMENTS

Service Contract: Hampshire Drug Action Team (2003)

Service Levels Agreements with:

· Fareham & Gosport Primary Care NHS Trust

· East Hampshire Primary Care Trust

All other agreements with other NHS bodies for the supply of services in connection with the Functions of the NHS Trust included in the Arrangements (for example cleaning)

PART 5

PREMISES THE USE OF WHICH IS TO BE

CONTRIBUTED TO THE ARRANGEMENTS

Avalon Centre, St Christophers Hospital, Fareham

Orion Centre, Dunsbury Way, Havant

SCHEDULE 4

CONTRIBUTIONS BY THE COUNCIL

PART 1

FINANCIAL BUDGET TO BE MADE AVAILABLE FOR COMMISSIONING BY THE COUNCIL

FOR THE FIRST FINANCIAL YEAR

Total South East Hants Budget: £114,600

(does not include staff costs)

Contribution to Administrative Staffing £4,100

PART 2

CENTRAL SERVICES TO BE PROVIDED BY THE COUNCIL

Reasonable financial, human resources, information technology support, training and other central resources to support the Arrangements on the basis that the Trust will be making a similar contribution.

PART 3

STAFF TO BE PROVIDED BY THE COUNCIL

Fareham & Gosport Area Services:

1 wte Qualified Social Worker Care Manager (Base Budget)

1 wte Qualified Social Worker Care Manager (DAT)

1 wte Unqualified Social Worker (DAT)

Spotlight Daycare Service

Havant & Petersfield/ East Hampshire Area Services:

1 wte Qualified Social Worker Care Manager (Base Budget)

1 wte Qualified Social Worker Care Manager (DAT)

1 wte Unqualified Social Worker (DAT)

PART 4

CONTRACTS ENTERED INTO BY THE COUNCIL TO BE MADE AVAILABLE TO THE ARRANGEMENTS

Arrangements (not necessarily documented in writing) with the Social Services Department for the provision of services under various contracts with third parties

PART 5

COUNCIL PREMISES THE USE OF WHICH IS TO BE CONTRIBUTED TO THE ARRANGEMENTS

None

SCHEDULE 5

ANNUAL ARRANGEMENTS PERFORMANCE INDICATORS

Clinical and Service Focus

· To ensure targets set out in PCT, Council and Hampshire Drug Action Team plans are met

· To reduce the waiting times for community substance misuse treatment and/or care in line with National Treatment Agency targets

· To ensure QUADS and DANOS compliance within the service

· To meet the National Model of Care for Drug Treatment standards

Patient Focus

· To improve year on year service user satisfaction as measured by user surveys and consultation

· To improve year on year carer satisfaction as measured by user surveys and consultation

Capacity and Capability

· To improve recruitment and retention rates as measured by vacancy and turnover rates

· To improve staff satisfaction as measured by sickness absence rates and NHS staff satisfaction surveys

· To ensure every member of staff has annual appraisals and Personal Development Plans

· To improve information sharing and management; as measured by year on year integration of information systems

Finance and Resources

· To increase financial efficiency as measured by achievements of balanced budgets and identification of year on year cost savings

SCHEDULE 6

Portsmouth and South East Hampshire Substance Misuse Partnership Group

Terms of Reference

Membership

To include senior representation from Hampshire County Council and Portsmouth City Primary Care NHS Trust.

Core membership to include:

· PCT Associate Director (Health Development & Social Inclusion)

· PCT Service Manager (Substance Misuse)

· PCT Lead Consultant (Substance Misuse)

· HCC County Manager (Mental Health)

· HCC Strategic Service Manager (Mental Health and Substance Misuse)

Other members may be invited to attend from time to time in order to support ongoing work of the Partnership.

Quorum

To be at least one core member present from Hampshire County Council and one core member present from Portsmouth City PCT.

Meetings

The Partnership group will meet at least four times per annum, in line with common planning cycles.

The Group will be chaired as agreed by the group and reviewed annually.

The Group will be serviced by the Associate Director (Health Development & Social Inclusion).

Functions

The overall remit of the Partnership Group is to monitor and oversee the delivery of Services and exercise of the Functions by the Integrated Management Team as per the agreed Section 31 Agreement between Portsmouth City PCT and Hampshire County Council.

To receive feedback and reports on the Functions that the PCT carries out through the Integrated Management Team.

To monitor the effectiveness of these arrangements against the performance indicators set out in Schedule 5 of the Section 31 Agreement.

To monitor and advise on resource allocation and highlight cost pressures to the parties through reporting lines in places within each member organisation.

To advise upon proposed changes to the Services brought to the Group by the Integrated Management Team.

To approve changes to the management structure and agree changes to the financial arrangements.

To act as a forum for the resolution of disputes

Member parties may agree from time to time to modify, extend or restrict the remit of the Partnership Group by mutual agreement.

Consultation

The Partnership will consult with other local stakeholders, including potential, current or ex service users, service managers and commissioning agencies to obtain views on any developments progressed by the Group.

Accountability

Decisions taken at the Partnership Group level are taken by the representatives of member parties in accordance with their delegated authority and neither party has the power to bind the other without its consent.

Core members will report into their organisations' statutory accountability frameworks.