Proposed Decision:
Enter into a new Strategic Partnership Agreement for Neurodiversity with NHS Kent and Medway, delegate authority to the Corporate Director Adult Social Care and Health to vary the agreement to widen the geographical scope and parties to the agreement and to take other relevant actions including, but not limited to finalising the terms of and entering into required contracts or other legal agreements as necessary to implement the decision.
Reason for the decision:
Since April 2016 Kent County Council (KCC) has been in a formal partnership with the previous Kent and Medway Clinical Commissioning Groups, supported by a Section 75 Agreement. The original ambition to develop wider partnership for service delivery was delivered in 2018 when the Learning Disability Alliance was signed. Since the Alliance Agreement ended on 31 March 2021 there has been no use of delegated functions under section 75 of the NHS Act 2006.
The development of understanding and relationships, supported by the Section 75 and Alliance Agreements, combined with the development of Integrated Care Systems in the context of the Health and Care Act, and the continued inequality experienced by neurodivergent people presented an opportunity to review and develop a consistent, coordinated approach and equitable service across the Kent and Medway geographical areas.
The new Strategic Partnership Agreement for Neurodiversity is ready for implementation between Kent County Council and NHS Kent and Medway, with potential for variation by 31 March 2024 to widen the geographical scope and the parties to the agreement in line with the review for a whole System Delivery Partnership for Neurodiversity.
The proposed decision supports Priority 4 of Kent County Council’s Strategic Statement 2022-2026 to integrate our commissioning and planning of services to improve health and social care outcomes.
Do nothing option discarded - the current Section 75 Agreement is in perpetuity but does not offer the flexibility for the partnership to adapt as required to continuously meet the needs of neurodivergent citizens.
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: 29/06/2023
Decision due: Not before 28th Jul 2023 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: Xanten Brooker, Senior Commissioner Tel: 03000 411587 Email: xanten.brooker@kent.gov.uk.
Consultees
The propsoed decision was endorsed by the Adult Social Care Cabinet Committee 6 July 2023.
Financial implications: The pooled fund hosted by KCC under the current Section 75 for learning disability and autism manages the partnership’s commissioning staff arrangements and flows funds into the pool for permanent staffing costs. This includes a KCC contribution of £21,000 per annum. This pool, including other contributions from NHS Kent and Medway for aftercare costs, and Tier 4 contributions via NHS England, based on net discharge of learning disabled and autistic inpatients will continue under the new arrangements.
Legal implications: The completion of the new Strategic Partnership Agreement for Neurodiversity will automatically terminate the current Section 75 Agreement for learning disability and autism. The new Strategic Partnership Agreement for Neurodiversity will start on 1 September 2023.
Equalities implications: An Equality Impact Assessment (EQIA) has been undertaken and reviewed with no negative impact on people with protected characteristics. The EQIA will continue to be reviewed and updated.