Agenda item

Report by Mr Graham Gibbens, Cabinet Member for Adult Social Services and Mr Oliver Mills, Managing Director, Kent Adult Social Services)

(Miss Caroline Highwood, Director, Resources was present for this item)

(1)       Mr Gibbens said       that since this matter was reported to Cabinet in December 2008 a considerable amount of work had been undertaken to ensure that the County Council's interests are protected as far as possible. Real progress had been made and the previously outstanding risks had been substantially mitigated, although there were still some issues outstanding and work was continuing. It would be appropriate for the transfers to take place when the individuals and services were ready to transfer. Mr Gibbens said the risks of doing nothing far outweighed the risks of undertaking the transfer and believed that this agenda now needed to be moved forward. He placed on record his thanks to officers for their work on this matter and commended the report and its recommendations to Cabinet

(2)       Mr Lynes said that his initial concerns around this matter, especially regarding the financial implications have now been addressed and he was confident that the level of risk would be robustly managed.  Miss Highwood said that Lancaster University had been commissioned to produce an actuarial report on the likely rate of growth in numbers of service users (people with learning disabilities).  Miss Highwood said that the Council would not be taking over any care contracts or services until there was complete confidence that they met regulatory requirements.  Mr Mills spoke about the need to have in place the proper resources and safeguards and the report provided helpful intelligence which would enable the County Council to continue planning services for this group.  However it should be enhanced by a full national study commissioned by the Department of Health to inform the future funding regime for all local authorities.  The County Council, together with others, was therefore lobbying for such a study to be undertaken which would be critical to ensure the long-term security of this group of people.  Ms McMullan said that the actuarial review would be important not just from the point of view of identifying the amount of money in the system, but also to validate the methodology about how it will be distributed.  Peter Gilroy said that this matter raised some broader issues and it was therefore essential that there was some strategic national assessment of its impact.  Mr Carter said he believed this transfer would be in the interest of those with learning difficulties but given the complexity of the financing implications it was also important to make sure that this transfer was effectively managed to ensure the interests of the County Council were properly protected.

(3)       Cabinet then:

(a)       agreed the transfer of people with Learning Difficulties from the NHS to Social Care, as detailed in the Cabinet report.

(b)               agreed that a rigorous campaign should be instigated to influence government for the appropriate distribution of funds, and for future growth in this service user group to be adequately provided for, and directly hypothecated.

(c)               agreed to continue lobbying on the issue of the obligation to repay the value of the capital assets.