Issue details

20/00061 - Infection Control Fund

Proposed decision – As Cabinet Member for Adult Social Care and Health, I agree that:

i) Kent County Council accepts the Infection Control Fund grant (£18.88m) under the terms set out by the government.
ii) 75% of the Infection Control Fund received from central government (£14.16m) is made available to all registered care home beds in Kent based on the number of registered beds..
iii) In line with the terms set out by the government, the money will be paid to each provider in two equal instalments upon the provider entering into a legally binding commitment to:
(a) Complete and update the national capacity tracker
(b) Only spend the money for infection control purposes as set out in the letter from
the Secretary of State for Health and Social Care
(c) Only spend the money on expenditure relating to Kent care homes which they
would not otherwise have incurred.
(d) Apply open book accounting methods to demonstrate how the money has
been spent
(e) Return any money paid where they cannot demonstrate that the money has been
spent as permitted by 30 September 2020
(f) to minimise third party charges (for example, costs to avoid
the use of public transport)
(g) Confirm that in no circumstances is any element of profit or mark-up applied to
any costs or charges to be reimbursed as part of this scheme.

iv) when the second instalment of infection control funding is received, the second instalment is made available on the same basis as the first, to operators once they can demonstrate they have spent the first instalment

v) the Corporate Director for Adult Social Care will develop proposals on how to allocate
the remaining 25% (£4.72m) of the Infection Control Fund grant, in line with the terms of
the grant, to support the whole care market (including homecare, supported living and
those on direct payments) with wider resilience in relation to COVID-19 Infection Control.
These proposals will be subject to a further key decision.

vi) to DELEGATE authority to the Corporate Director of Adult Social Care and Health, in consultation with the Cabinet Member for Adult Social Care and Public Health and the Corporate Director for Finance, to finalise the terms of and confirm the relevant payments as required; and

vii) to DELEGATE authority to the Corporate Director of Adult Social Care and Health to take other relevant actions, including but not limited to entering into and finalising the terms of relevant contracts or other legal agreements, as necessary to implement the decision


Reason for urgency:
To support the security of the social care provider market in Kent during the COVID19 crisis and enable providers to maintain delivery of essential services to the vulnerable people of Kent.

The government have stipulated that 75% of the initial grant should be passported to providers as quickly as possible. Whilst the government have advised this should be within ten working days upon receipt of the funding, given the scale and complexity of the social care market in Kent, and the number of providers with whom we have no relationship, funds will be passported as quickly as possible.

Background:

On 14 May, the government wrote to Local Authorities announcing that £600 million will be issued to councils to support care providers through a new Infection Control Fund. This will be received in two instalments: 50% in late May and 50% in July. The government has required that 75% of this funding is for direct passporting to homes that have met the conditions outlined in the grant. There is more discretion over how the remaining 25% of the grant can be spent.

Decision type: Key

Reason Key: Expenditure or savings of more than £1m;

Decision status: Recommendations Approved

Division affected: (All Division);

Notice of proposed decision first published: 12/06/2020

This decision will be taken under urgency procedures.

Reason for urgency:
To support the security of the social care provider market in Kent during the COVID19 crisis and enable providers to maintain delivery of essential services to the vulnerable people of Kent.

The government have stipulated that 75% of the initial grant should be passported to providers as quickly as possible. Whilst the government have advised this should be within ten working days upon receipt of the funding, given the scale and complexity of the social care market in Kent, and the number of providers with whom we have no relationship, funds will be passported as quickly as possible.

Decision due: 12 Jun 2020 by Cabinet Member for Adult Social Care and Public Health

Lead member: Cabinet Member for Adult Social Care and Public Health

Lead director: Richard Smith

Department: Social Care, Health & Wellbeing

Contact: Clare Maynard, Head of Commissioning Portfolio - Outcome 2 and 3.

Consultees

No Cabinet Committee consultation possible due to urgency of the decision

The chair of the Scrutiny Committee, Group Spokespeople of the Scrutiny Committee and Chair and Group Spokespeople of the Adult Social Care Cabinet Committee have all been briefed on this matter and their comments have been included in the Record of Decision

Financial implications: The funding to the Council is received as a grant paid under section 31 of the Local Government Act 2003 ring-fenced exclusively for actions which support care homes in reducing the rate of COVID-19 transmission or to support wider workforce resilience including to domiciliary care providers; the total value is £18.88m. A first instalment of £9.44m was received at the end of May and is required to be passed on to the market as soon as possible. This is based on 75% of the allocation being for all care homes in the market. This includes elements of the market that, until now, the Council has not had dealings with, and arrangements will need to be made with each home to ensure payment can be made to them. The payment of the second instalment to providers is contingent on the first being used for infection control measures and being used in its entirety, if not fully used, funds will need to be returned to government. The guidance sets out that the remaining 25% is for the

Legal implications: Legal support has been engaged to develop an Infection Control Grant Agreement, in line with the requirements from Central Government and KCC’s own contractual and commissioning policies. These agreements will need to be completed by the recipients before funding is released. The issue of whether state aid will apply to these payments has been considered during the development of the agreement and measures are in place to ensure appropriate compliance. The agreement makes clear the conditions of the funding and provides for detailed monitoring of the application of the funding and requires re-payment where not used for specified purposes or where compliance is not met.

Decisions