Agenda, decisions and minutes

Please note that this meeting may be filmed or recorded by the Council for live or subsequent broadcast via the Council’s internet site or by anyone attending the meeting using any communication method. Although we ask members of the public recording, filming or reporting on the meeting not to include the public seating areas, members of the public attending the meeting should be aware that we cannot guarantee that they will not be filmed or recorded by others attending the meeting. Members of the public participating in the meeting (e.g. making deputations, asking questions, making oral protests) should be aware that they are likely to be filmed, recorded or reported on. By entering the meeting room and using the public seating area, you are consenting to being filmed and to the possible use of those images and sound recordings.

The Chair of the meeting has the discretion to terminate or suspend filming or recording, if in his or her opinion continuation of the filming, recording or reporting would disrupt or prejudice the proceedings, infringe the rights of any individual or may lead to the breach of a legal obligation by the Council.

RESOLVED:

That the filming at meetings notice was noted

To receive any apologies for absence.

There were none.

There were none.

The Chair will consider the admission of any late items of Urgent Business. (Late items of Urgent Business will be considered under the agenda item where they appear).

There were none.

There were none.

DECLARATIONS OF INTEREST MADE FOR THIS ITEM:

None

RESOLVED:

That the Cabinet Member for Health, Social Care and Wellbeing pursuant to CSOs 2.01c and permitted under 0.08:

1.    Approved the direct award of short-term emergency continuity contracts to the new provider for an initial term of one year from 1st December 2025 to 30th November 2026 (with the option to extend for up to a further year), up to the maximum aggregate value of the contracts -  being of £4.502m (if fully extended), comprising:

a.    Up to £25,492 pa for continuation of the existing arrangement for Housing Related Support (HRS) services until the current termination date 31st December 2025;

b.    Up to £2.25m per annum for individual spot placements at the prevailing commissioned weekly rates, for an initial one-year period with the option to extend for up to a further year;

c.     Actual expenditure will be based on assessed needs of each individual and may be lower than the stated ceiling value.

2.    That effective 1 January 2026, where an individual receiving Adult Social Care (ASC) services is assessed as having a need for Housing Related Support (HRS), the following financial arrangement will apply:

a.    The assessed HRS hours will be funded in gross by ASC to ensure continuity of care and streamlined payment processes.

b.    These costs will subsequently be recharged to the HRS service in accordance with agreed inter-departmental protocols.

c.     This arrangement ensures clarity in funding responsibilities while maintaining compliance with statutory duties and supporting integrated service delivery.

3.    Delegated authority to the Director of Adults Social Care, after consultation with the Director of Finance and the Cabinet Member for Health, Social Care and Wellbeing, to finalise the terms of award and to finalise contracts.

1.1.1.   Agree to provide transitional financial support if required to maintain safe staffing and service continuity during mobilisation and handover, subject to appropriate governance and financial controls.

Reasons for decision

The current provider’s insolvency prevents it from meeting ongoing operational and statutory obligations. Without immediate intervention, there is a risk of sudden service cessation, putting vulnerable residents at risk and breaching the Council’s duties under the Care Act 2014.

A market sales process undertaken by the provider’s insolvency practitioners has identified a preferred organisation with the capacity and experience to assume responsibility for the services. However, the proposed transfer relates to the service provision alone; the Council will not assume liability for the insolvent legal entity.

The Council must act urgently to maintain service continuity, retain skilled staff, and minimise disruption for residents and families. A delay in decision-making would significantly increase the risk of unmanaged service failure.

A one-year term with an option to extend for a further year provides the operational stability needed for a safe and orderly transition to the new provider, while safeguarding the integrity of the wider transaction. Accommodation-based services require a carefully managed and secure handover to ensure continuity of care and minimise risk.

Alternative options considered

Do Nothing
Not viable. The provider is unable to  ...  view the full decision text for item 6.

The Head of Commissioning and Quality Assurance, Adult Social Care introduced the report. The rationale for considering the report was explained.

It was noted that the current provider was entering insolvency, and in order to continue the service, it was suggested that a new provider be procured to undertake the service.

The service was confident that the new provider would be able to provide the service seamlessly and there would be no detriment to service users.

RESOLVED:

That the Cabinet Member for Health, Social Care and Wellbeing pursuant to CSOs 2.01c and permitted under 0.08:

1.    Approved the direct award of short-term emergency continuity contracts to the new provider for an initial term of one year from 1st December 2025 to 30th November 2026 (with the option to extend for up to a further year), up to the maximum aggregate value of the contracts -  being of £4.502m (if fully extended), comprising:

a.    Up to £25,492 pa for continuation of the existing arrangement for Housing Related Support (HRS) services until the current termination date 31st December 2025;

b.    Up to £2.25m per annum for individual spot placements at the prevailing commissioned weekly rates, for an initial one-year period with the option to extend for up to a further year;

c.     Actual expenditure will be based on assessed needs of each individual and may be lower than the stated ceiling value.

2.    That effective 1 January 2026, where an individual receiving Adult Social Care (ASC) services is assessed as having a need for Housing Related Support (HRS), the following financial arrangement will apply:

a.    The assessed HRS hours will be funded in gross by ASC to ensure continuity of care and streamlined payment processes.

b.    These costs will subsequently be recharged to the HRS service in accordance with agreed inter-departmental protocols.

c.     This arrangement ensures clarity in funding responsibilities while maintaining compliance with statutory duties and supporting integrated service delivery.

3.    Delegated authority to the Director of Adults Social Care, after consultation with the Director of Finance and the Cabinet Member for Health, Social Care and Wellbeing, to finalise the terms of award and to finalise contracts.

1.1.1.   Agree to provide transitional financial support if required to maintain safe staffing and service continuity during mobilisation and handover, subject to appropriate governance and financial controls.

Reasons for decision

The current provider’s insolvency prevents it from meeting ongoing operational and statutory obligations. Without immediate intervention, there is a risk of sudden service cessation, putting vulnerable residents at risk and breaching the Council’s duties under the Care Act 2014.

A market sales process undertaken by the provider’s insolvency practitioners has identified a preferred organisation with the capacity and experience to assume responsibility for the services. However, the proposed transfer relates to the service provision alone; the Council will not assume liability for the insolvent legal entity.

The Council must act urgently to maintain service continuity, retain skilled staff, and minimise disruption for residents and families. A delay in decision-making would significantly increase the risk  ...  view the full minutes text for item 6.

Item 8 is likely to be subject to a motion to exclude the press and public be from the meeting as it contains exempt information as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paras 3, namely information relating to the financial or business affairs of any particular person (including the authority holding that information).

RESOLVED:

That it was agreed to exclude the press and public be from the remained of the meeting the next item contained exempt information as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paras 3, namely information relating to the financial or business affairs of any particular person (including the authority holding that information).

DECLARATIONS OF INTEREST MADE FOR THIS ITEM:

None

RESOLVED:

That the Cabinet Member for Health, Social Care and Wellbeing:

1.    Agreed the exempt recommendations.

The exempt report was discussed

RESOLVED:

That the Cabinet Member for Health, Social Care and Wellbeing:

1.    Agreed the exempt recommendations.