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 Haringey Learning Disability Partnership Agreement provides a framework for an integrated service for adults with learning disabilities in Haringey as set out within the scope of the National Health Services Act 2006. The existing s. 75 agreement which governs the integrated service has expired. In order to ensure that the contractual framework is in place to enable both the partners’ continued funding for and the Council’s continued management of the integrated service, it is necessary to renew the agreement urgently and by 1 April 2022. Without the contractual framework which enables funding transfers between the NHS and the Council, payments from partners will be at risk. Likewise, the Council’s ability to manage the integrated service as a single entity across the partnership will be constrained.

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 changes and that 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 the s. 75 Haringey Learning Disability Partnership Agreement, which provides a framework for an integrated service for adults with learning disabilities in Haringey has expired. This decision is considered to be urgent as approval to enter into and continue the partnership agreement would enable the Council, the Barnet, Enfield and Haringey Mental Health Services Trust, Whittington Health Services NHS Trust, and the North Central London Clinical Commissioning Group to continue to provide the integrated service arrangement and meet their respective obligations, in particular, relating to payments and funding. 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), Barnet, Enfield and Haringey Mental Health Trust (the Mental Health Trust), Whittington Health NHS Trust (the Trust) and North Central London Clinical Commissioning Group (the CCG) worked together in partnership to deliver the Haringey Learning Disabilities Partnership (the Partnership). This Partnership operated as an integrated service hosted by the Council. The Partnership was supported by a health and social care partnership agreement under S.75 of the National Health Services Act 2006. The agreement has since lapsed and approval was sought for an updated agreement.

The report noted that the overall aim of the integrated service arrangements was to ensure that services for people with learning disabilities were planned, commissioned and provided in an integrated manner. The Agreement, presented for approval, supported this aim by enabling an integrated service offer, underpinned by pooled funds and a lead commissioning arrangement described in Haringey’s s. 75 commissioning partnership agreement.

The Cabinet Member RESOLVED

1.    To approve the draft Section 75 NHS Act 2006 Partnership Agreement (Haringey Learning Disability Partnership Agreement) attached at Appendix 1 between the Council, the Mental Health Trust, the Trust and the CCG which provides integrated service arrangements for adults with learning disabilities hosted by the Council.

2.    To delegate to the Director of Adults and Health, after consultation with the Lead Member for Health, Social Care and Well-Being, the authority to finalise and agree any further details within the Section 75 Partnership Agreement between the parties.

Reasons for decision

The s. 75 Partnership Agreement has supported greater levels of integration between the NHS and the Council by enabling an integrated service for adults with learning disabilities in Haringey within the framework set out in the National Health Services Act 2006. However, the Agreement has now expired and its approval is urgently required to ensure the integrated service can continue to develop and to facilitate partner contributions to the pooled fund which underpin its operations.

The integrated service ensures that adults with learning disabilities are able to access integrated health, care and support services which meet their needs in a joined up and holistic way. The integrated service helps to support parity of esteem between mental and physical health and supports the most efficient use of resources across partners.

Partners have taken the opportunity to refresh the s. 75 Partnership Agreement to ensure that it aligns with the work being developed 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 proposed five year period for the Agreement will support a sustainable approach to integration which is in line with the wider policy and legislative landscape for health and care delivery over the coming years.

Alternative options considered

Consideration was given by officers to redesigning the service to separate out the elements which together create the integrated service. This approach, however, would by its very nature undo the joint arrangements which enable a holistic offer to adults with learning disabilities in Haringey and was therefore disregarded.

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 Haringey Learning Disability Partnership Agreement provides a framework for an integrated service for adults with learning disabilities in Haringey as set out within the scope of the National Health Services Act 2006. The existing s. 75 agreement which governs the integrated service has expired. In order to ensure that the contractual framework is in place to enable both the partners’ continued funding for and the Council’s continued management of the integrated service, it is necessary to renew the agreement urgently and by 1 April 2022. Without the contractual framework which enables funding transfers between the NHS and the Council, payments from partners will be at risk. Likewise, the Council’s ability to manage the integrated service as a single entity across the partnership will be constrained.

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 changes and that 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 the s. 75 Haringey Learning Disability Partnership Agreement, which provides a framework for an integrated service for adults with learning disabilities in Haringey has expired. This decision is considered to be urgent as approval to enter into and continue the partnership agreement would enable the Council, the Barnet, Enfield and Haringey Mental Health Services Trust, Whittington Health Services NHS Trust, and the North Central London Clinical Commissioning Group to continue to provide the integrated service arrangement and meet their respective obligations, in particular, relating to payments and funding. 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.