Decision details

As part of the work to implement the transfer of KDAAT services to the Public Health Directorate, officers have assessed the documentation in place relating to current service delivery.  Some of the documentation is currently unsigned and without authorisation from the Cabinet Member it would remain so, thereby leaving the Council at risk from not having complied with its decision-making processes.  Several variations to the East and West Kent contracts and the Young Persons Early Intervention and Specialist Treatment Service contract itself, although already being delivered, need to be signed, for completeness and in order to have the strongest protection from any, unlikely, legal challenge

It is recommended that the Cabinet Member agree that any unsigned documentation necessary to the efficient, effective and lawful delivery of contracts already in place be signed or sealed as necessary, and that he endorses retrospectively those projects and contracts in full, as set out in the exempt Appendix A.

It is recommended that the decision be taken in accordance with statutory and local procedures for urgency.  It would not be reasonable to defer the decision in order to comply with normal procedures as to delay the decision would leave the Council at risk from not having complied with its internal decision-making processes, as some contract documentation was found to be unsigned, and without authorisation from the Cabinet Member it would remain so.

As required by the Constitution, the Corporate Director for Social Care and Wellbeing and the Chairman of the Scrutiny Committee have agreed that the decision should be taken without delay and the Chairman and the group spokespeople of the Scrutiny Committee have been consulted.

Governance arrangements relating to KDAAT have been reconfirmed and standardised as part of the ongoing work to transfer the team to ensure that all proposals put forward by the Board are not only discussed at Joint Commissioning Boards and other partnership bodies but are also considered by the Adult Social Care and Health Cabinet Committee to ensure that the expertise of Members is fully utilised to provide continually improved services in the future.

Financial Implications

There are no new financial implications of the proposed decision as the actions consolidate and retrospectively authorise actions already undertaken under partnership arrangements. 

The funding allocated to drug and alcohol services is, like all services, agreed as part of the budget by the County Council.  In recent years this budget has then been allocated by the KDAAT Board in consultation with relevant partners. The detail of the budget will be reviewed as part of the transfer arrangements.

The KDAAT Board has already considered and agreed to increase investment in the West Kent service to ensure a safe, high quality service rather than to maintain the original payment mechanism which has been found to be flawed both locally and nationally.

Both the East and West Kent contracts are due to come to an end in 2016, when Members will be fully involved in any decision regarding continued, alternative or extended provision.

Pilot projects in both East and West Kent are running for between1 and 2 years and have been funded from unallocated KDAAT budget. Decisions on spending following the end of the pilot programmes will be brought before Members for consideration and comment.

LEGAL IMPLICATIONS

Legal Services have confirmed that the decision is required to endorse the existing contracts and variations, and that this should be taken as soon as possible to reduce risk to the Council.

As Cabinet Member for Adult Social Care and Health, I agree:

a)    To authorise the signing or sealing as necessary any unsigned documentation required for the efficient, effective and lawful delivery of contracts already in place and relating to services already being delivered, as set out in the report, and retrospectively endorse those projects and contracts urgently to reduce any legal or constitutional risk to the Council.

b)    That the Corporate Director for Social Care, Health & Wellbeing, or other delegated officer, undertake the necessary actions to implement this decision.