Issue - items at meetings - Review of Partnership Agreements (S75 Agreement) and implications of the 2009 Apprenticeship, Children, Learning & Skills Act.

Report of the Director of Children’s Services (copy attached).

1.       That the principles of the proposed S75 agreements as outlined in paragraphs 3.6 and 3.7 and Appendices 1 and 2 of the report be approved.

2.       That the new duties in relation to establishing a Children’s Trust Board outlined in paragraphs 3.9 to 3.12 and in Appendix 3 of the report be noted; and the Director of Children’s Services be requested to bring forward detailed proposals to meet those duties for approval at the next Board meeting.

48.1         The Board considered a report of the Director of Children’s Services concerning proposed changes to the existing Section 75 partnership arrangements between the Council, NHS Brighton and Hove (PCT) and South Downs Trust (SDH).

48.2         The Director of Children’s Services highlighted the dedicated efforts of the officers involved and asked Members not to underestimate the length or complexity of the subject elaborating that each organisation has to ratify what the Trust does on a collective and individual basis.

48.3         A representative of the PCT enquired about the subject of liability noted in section 5.1.2 of the documentation.

The author of the report replied that this passage in the report was an attempt to capture the agreement to budgets by all parties. Upon reflection the summary given was perhaps unhelpful and should not be regarded as a precise indication of the agreement on overspends. The respective liabilities of the partners to the S75 agreement would be in accordance with the precise wording of the finalised agreement.

        The Principal Litigation Lawyer clarified that it would be necessary to refer to the S75 agreement itself to determine the nature of the liabilities referred to, and it was likely that what the passage was referring to was not unlimited liability on any overspend, but legitimate overspend by the Trust as a whole being shared proportionately by the partners to the Trust.

48.4         Members sought clarification on the proposed review of membership. It was noted that there was no reference to University, Sixth Form or Youth Services membership under the proposed changes. However, Members did concur that too large a membership may hamper the operation of the Trust.

48.5         The Director of Children’s Services noted the concerns and that further exploration of possible options was necessary.

48.6         Members indicated that the report recommended reviews and asked how these would be undertaken.

48.7         The report author clarified that a Joint Managment Board with authorised officers delegated to it would implement this work.

The Principal Litigation Lawyer reiterated that the proposals had to reflect the legislative framework.

48.8         Members raised the issue of collective responsibility and how each partner would deliver their own elements.

48.9         The Director of Children’s Services iterated that she felt that there was an ambiguity in the review between Children’s Services and the Children’s Trust that needed to be clarified. She informed Members that the changes had most impact to Council services and that all partners would be held to account by the Local Safeguarding Children Board (LSCB) for safeguarding issues.

48.10    RESOLVED- That the Board accept the following recommendations:

1.         That the principles of the proposed S75 agreements as outlined in paragraphs 3.6 and 3.7 and Appendices 1 and 2 of the report be approved.

2.         That the new duties in relation to establishing a Children’s Trust Board outlined in paragraphs 3.9 to 3.12 and in Appendix 3 of the report be noted; and the Director of Children’s Services be requested to bring forward detailed proposals to meet those duties for approval at the next Board meeting.