Agenda item

The Chair of Overview and Scrutiny has agreed that the decision is both reasonable in all the circumstances and that it should be treated as a matter of urgency. The s. 75 Partnership Agreement expired on 1 March 2022 and provides a framework for lead commissioning, pooled budgets and integrated services as set out within the scope of the National Health Services Act 2006. It is imperative for this Agreement to be extended for a further term and the Agreement provides for this. There are several joint arrangements between the Council and the CCG that are currently in place across Haringey, detailed in a series of Schedules to this overarching Agreement, to best meet the needs of local residents with specific additional health and care needs.

These Schedules require the overarching Partnership Agreement to be in place in order to enable them to continue. As noted above, the Agreement expired on 1 March 2022 and it is imperative it is extended. With the changes to the health and care landscape set out in the Health and Care Bill currently going through Parliament, it was anticipated that the requirements for the s. 75 Partnership Agreement would differ and therefore an extension might not be required in its current form. This has turned out not to be the case, hence the urgency in requesting this extension be approved.

Given the above, it is not practicable to comply with the 28-day notice requirement in Part Four, Section D, Rule 13 of the constitution or the 5-day notice period requirement for key decisions. This is set out in Part Four, Section D, Rule 17, of the Constitution. As set out below, the decision is urgent and time critical in accordance with Part 4 Section H paragraph 18 (a) and 18 (b).

Please be advised that the Chair of Overview and Scrutiny has further agreed that the call-in procedure shall not apply to this urgent decision. This is because the decision is urgent and any delay in implementation caused by the call-in procedure would seriously prejudice the Council's or the public's interests as there is a need to continue with the current health and social care partnership arrangement between the Council and the CCG. This decision is considered to be urgent as extension of the agreement would enable the Council and CCG to continue with the existing commissioning and service provision arrangements and for the benefit of local residents. The Chair of Overview and Scrutiny Committee has agreed that the decision is both reasonable in all circumstances, and that it should be treated as a matter of urgency. This is in accordance with Part 4, Section H, and Paragraph 18 (a) and (b) of the Council Constitution.

The Cabinet Member for Health, Social Care, and Well-Being considered the report which noted that Haringey Council (the Council) and North Central London Clinical Commissioning Group (the CCG) had in place, since March 2017, a model of commissioning and pooled budgets supported by a partnership agreement under S.75 of the National Health Services Act 2006. The partnership agreement set out shared outcomes and objectives, and contained detailed schedules enabling:

i.              Lead commissioning for specified care groups

ii.            Pooled budgets for specified care groups

The report noted that the partnership agreement acted as a framework for a range of schedules, which had allowed flexibility and adaptability and ensured that the commissioning and pooled budgets in place met local need. The partnership agreement was initially in place for five years with the option to extend for a further two years. As the agreement expired at the end of March 2022, the report proposed use of the further 2 year extension period.

Officers noted some additional detail relating to paragraph 1.2 of the report and recommendation 3.1.1 (recommendation 1 below). It was explained that, as the agreement expired on 1 March 2022, the report proposed that the agreement be extended for a further 13 months through to 31 March 2023, with a further 1 year extension through to 31 March 2024 if agreed during 2022-23. A correction was also provided in relation to recommendation 3.1.2 (recommendation 2 below). It was noted that the delegation should be to the Director of Adults and Health, rather than the Assistant Director for Commissioning. It was also noted that the delegation should give the authority to finalise and agree any further schedules to the S.75 Partnership Agreement between the Council and the CCG, rather than to finalise and agree the terms of the extension. The Cabinet Member noted and agreed these corrections.

The Cabinet Member RESOLVED

1.    To approve the extension of the existing Section 75 Partnership Agreement between the Council and the CCG (Section 75 NHS Act 2006 Health and Social Care Lead Commissioning and Pooled Funds Partnership Agreement between the Council and NCL CCG) which provides for lead commissioning and pooled budgets across a range of schedules for a period of 13 months to 31 March 2023 with an option to extend for a further 12 months to 31 March 2024.

2.    To delegate to the Assistant Director for Commissioning Director of Adults and Health, after consultation with the Lead Member for Health, Social Care and Well-Being, the authority to finalise and agree the terms of the extension any further schedules to the S.75 Partnership Agreement between the Council and the CCG.

Reasons for decision

The s. 75 Partnership Agreement has supported greater levels of integration between the NHS and the Council by enabling lead commissioning and pooled budgets across partners within a strategic framework as set out in the National Health Services Act 2006.

It remains the case that over the past five years of the Partnership Agreement’s operation, local residents have continued to call for integration of health and care provision locally to support a better experience and to improve outcomes. By focusing on arrangements for pooling funding and integrating commissioning, the s. 75 Partnership Agreement already in place has enabled fuller integration creating greater strategic coherence to the joint work being developed. The Partnership Agreement in and of itself does not lead to changes to models of service delivery and any consultation on any redesigned services has taken place separately.

The s. 75 Partnership Agreement will expire if the extension is not put in place, which would undermine the joint approaches which continue to be developed as part of the work to create an Integrated Care System and a local Place-based Partnership in line with the Health and Care Bill, currently making its way through Parliament. The vision set out in the Partnership Agreement aligns with the focus on integration at both place and system indicated in the Bill’s current provisions and both signatories support the proposed extension.

Alternative options considered

Consideration was given by officers to allowing the s. 75 Partnership Agreement to lapse at the end of its current term, in March 2022. This approach, however, would risk the joint arrangements and increasing drive towards greater integration reflected by both local working patterns and national policy.

Consideration was also given to a deeper strategic review of the s. 75 Partnership Agreement currently in place, but as the Government in its recently published Integration White Paper has committed to a review of the legislation covering pooled budgets (ie section 75 NHS Act) it is felt that a wider review could risk being out of kilter with the government’s approach.

The Chair of Overview and Scrutiny has agreed that the decision is both reasonable in all the circumstances and that it should be treated as a matter of urgency. The s. 75 Partnership Agreement expired on 1 March 2022 and provides a framework for lead commissioning, pooled budgets and integrated services as set out within the scope of the National Health Services Act 2006. It is imperative for this Agreement to be extended for a further term and the Agreement provides for this. There are several joint arrangements between the Council and the CCG that are currently in place across Haringey, detailed in a series of Schedules to this overarching Agreement, to best meet the needs of local residents with specific additional health and care needs.

These Schedules require the overarching Partnership Agreement to be in place in order to enable them to continue. As noted above, the Agreement expired on 1 March 2022 and it is imperative it is extended. With the changes to the health and care landscape set out in the Health and Care Bill currently going through Parliament, it was anticipated that the requirements for the s. 75 Partnership Agreement would differ and therefore an extension might not be required in its current form. This has turned out not to be the case, hence the urgency in requesting this extension be approved.

Given the above, it is not practicable to comply with the 28-day notice requirement in Part Four, Section D, Rule 13 of the constitution or the 5-day notice period requirement for key decisions. This is set out in Part Four, Section D, Rule 17, of the Constitution. As set out below, the decision is urgent and time critical in accordance with Part 4 Section H paragraph 18 (a) and 18 (b).

Please be advised that the Chair of Overview and Scrutiny has further agreed that the call-in procedure shall not apply to this urgent decision. This is because the decision is urgent and any delay in implementation caused by the call-in procedure would seriously prejudice the Council's or the public's interests as there is a need to continue with the current health and social care partnership arrangement between the Council and the CCG. This decision is considered to be urgent as extension of the agreement would enable the Council and CCG to continue with the existing commissioning and service provision arrangements and for the benefit of local residents. The Chair of Overview and Scrutiny Committee has agreed that the decision is both reasonable in all circumstances, and that it should be treated as a matter of urgency. This is in accordance with Part 4, Section H, and Paragraph 18 (a) and (b) of the Council Constitution.