Issue details

Delegation of care and support functions under the Care Act 2014

The local authority wishes to exercise this power in order to effectively implement the requirements of the Act in a timely and cost effective manner.  Initially it is believed this would be in the following areas:

        Assessment and care provision for prisoners (new duty from April 2015 under s76 of the Act).

        Carers’ assessments and support for carers

        Specialist assessments and support for deaf people

        Specialist assessments and support for blind people

 

The detailed decisions of how this will work in practice can be taken by the Corporate Director for Social Care, Health and Wellbeing, after full discussion in each case with the Cabinet Member for Adult Social Care and Public Health and the Adult Transformation Board.

 

Section 79 of the Care Act gives local authorities the power to delegate most of the care and support functions it has under Part 1 of the Act or under section 117 of the Mental Health Act 1983 (after-care services).  The only exceptions relate to promoting integration with health services, cooperating with partners, safeguarding and decisions about which services to charge for.

 

Delegation of functions does not absolve the local authority of responsibility for these functions and it still remains legally accountable for the way in which the functions are carried out or failed to be carried out.  The local authority can, therefore, impose strict conditions on how a third party organisation undertakes the function that has been delegated to it.  If the local authority chooses to exercise its power under Section 79, it is able to determine the extent to which it delegates the function in any particular case, i.e. it can delegate all or part of a function.  For example the carrying out of an assessment could be delegated with the final decision kept in-house or also delegated.

 

There are likely to be financial implications attached to the specific decisions delegated to the Corporate Director as a result of the in-principle decision to allow delegation of certain adult care and support functions.  However as delegation is unlikely to be recommended unless it is seen as cost effective, the implications are expected to be positive for the Council, or at least cost-neutral.

Legal Implications: 

Section 79 of the Care Act gives local authorities the power to delegate most of the care and support functions it has under Part 1 of the Act or under section 117 of the Mental Health Act 1983 (after-care services).  The only exceptions relate to promoting integration with health services, cooperating with partners, safeguarding and decisions about which services to charge for.

 

Delegation of functions does not absolve the local authority of responsibility for these functions and it still remains legally accountable for the way in which the functions are carried out or if they fail to be carried out.

 

Any specific decisions taken by the Corporate Director will be taken in full cognisance of the legal considerations concerning procurement and commissioning.

Equality Implications:

An Equality Impact Assessment will be carried out and will be ready for the Cabinet Member to consider in advance of the Key Decision.

 

 

Decision type: Key

Reason Key: Affects more than two Electoral Divisions;

Decision status: Recommendations Approved

Division affected: (All Division);

Notice of proposed decision first published: 12/01/2015

Decision due: September 2015 by Cabinet Member for Adult Social Care and Public Health
Reason: in order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

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

Contact: Christine Grosskopf, Policy Manager 01622 696611, 01622 696116 Email: chris.grosskopf@kent.gov.uk, Michael Thomas-Sam, Corporate Lead Adult's and Children's Policy and Strategy Email: michael.thomas-sam@kent.gov.uk Tel: 03000 417238.

Consultees

The Adult Social Care and Health Cabinet Committee discussed the issue on 2 May 2014, 11 July 2014, 26 September 2014 and 4 December 2014.  The delegation of functions under the Care Act was considered by the Adult Social Care and Health Cabinet Committee on 15 January 2015.  Due to a change in Government policy and the deferment of Phase 2 of the Care Act, these delegations will be discussed again at the Adult Social Care and Health Cabinet Committee on 11 September 2015.

 

Other consultation planned or undertaken:

 

As and when detailed proposals are available on specific services, appropriate consultation will take place.

 

Financial implications: Michael Thomas-Sam, Strategic Business Advisor, 01622 696116 michael.thomas-sam@kent.gov.uk Christine Grosskopf, Care Act Programme Strategic Policy Lead, 01622 696611 chris.grosskopf@kent.gov.uk

Legal implications: 14/00137

Decisions

Agenda items