Archived decisions
REPORT OF THE
EXECUTIVE MEMBER
ADULT SOCIAL CARE
PART II
TRANSFER OF COMMISSIONING FROM THE PRIMARY CARE TRUSTS TO THE LOCAL AUTHORITY FOR SOCIAL CARE FOR ADULTS WITH A LEARNING DISABILITY
The Department of Health has issued guidance stating that responsibility for commissioning social care for adults with a learning disability should transfer from the NHS to Local Authorities from April 2009. This transfer should be in the form of a local agreement for two years, 2009/10 and 2010/11. After this time, funding will be allocated to Local Authorities directly from the Department of Health (DoH) according to a national funding formula. This formula has not yet been announced.
The policy rationale for this transfer was based on the Department of Health's
_ "Our Health, Our Care, Our Say" White Paper and
_ the "Valuing People Now; From Progress to Transformation" consultation paper.
Following these publications the DoH have forwarded guidance, with varying level of detail, to PCT's and also to local authorities. The DoH state that the transfer will provide benefits to clients by offering improved quality of life for people with a learning disability by aiding their economic well-being and enabling them to make a positive contribution; that it will offer choice, control and independent living and also that it should provide improved health and emotional well-being. Efficiency and value for money should also be improved by removing the duplication of effort.
The Department for Health have stated that the transfer should be done within the principles of `fairness, partnership and local solutions' and the discussions that have taken place in Hampshire have adhered to these principles. With the assistance of The Association of Directors of Adult Social Services (ADASS) two of the three issues which came up most frequently in discussions surrounding the transfer have been resolved. These were the treatment of inflation uplift for 2009/10 and anticipation of 2010/11 and issues about people with complex care needs, `joint packages', assessments/re-assessments and continuing health care. On the third issue most regularly causing concern for local authorities, the need for further guidance about capital expenditure, ADASS have stressed the urgency of this to the DoH.
Detailed discussions to identify services provided and the costs associated with each of them has led to the agreement of a financial transfer, from Hampshire NHS to Hampshire County Council of £29,503,437 for 2009/10 and £30,241,023 for 2010/11. Details of these services were provided to the Executive member in the form of an exempt appendix to the report referenced below .
The funding that has been agreed will support the transfer in responsibility for commissioning social care for adults with a learning disability and will be supported by new contractual arrangements through the single tender process and a revised legal agreement, in the form of a s256 Memorandum of Agreement. In respect of the delivery of learning disability services the Executive Member approved a single tender process to maintain continuity of service with existing specialist providers. No posts are transferring, and after consultation with the PCT it can be confirmed that no posts are subject to the Transfer of Undertaking (TUPE) regulations. There are no explicit workforce implications.
To facilitate the transfer, the Executive Member delegated authority to the Director of Adult Social Care to finalise wording of the s256 Memorandum of Agreement on the advice of Legal Services, provided it does not change the substance of the Agreement as set out. She also made clear however that the Memorandum of Agreement should make clear that it was in respect of a transfer of responsibility and not funding for individuals so that no claw back could occur in relation to any special care provision.
Details of the report considered by the Executive member may be accessed at /decisions/decisions-docs/090626-ascexc-R0619150141
FELICITY HINDSON, MBE
Executive Member for Adult Social Care