Issue - items at meetings - Adults Section 75 Review

Report of Director of Adult Social Services (copy attached).

(1)               That the requirement to revise the Section 75 Agreement to reflect changes in the law, be noted.

(2)               That the revisions to the Section 75 Agreement be agreed in order to comply with the changes in the law.

(3)               That the proposals for amendments to the arrangements for future meetings of the Joint Commissioning Board be noted.

41.1    The Board considered a report of the Chief Operating Officer, Clinical Commissioning Group which outlined revisions to the Adults Section 75 Agreement between the Council and the Clinical Commissioning Group which needed to come into effect on 1 April 2013 in order to reflect the changes in law. 

41.2    The report explained that from 1 April 2013 the Clinical Commissioning Group would become the accountable body for commissioning the majority of healthcare provision in the City.  Joint Commissioning agreements with the Council therefore needed to be revised in order to reflect the new commissioning landscape and changes to legal responsibility for Public Health functions that transfer solely to the Council.

41.3    The Chief Operating Officer stated that schedules for the jointly commissioned areas had been updated.  A new 3 year agreement had been drawn up.  There would be a non pooled fund. 

41.4    The Senior Lawyer explained that there would be an amendment to the council’s constitution that would propose that the timing of the Joint Commissioning Board and Adult Care and Health Committee coincide.   The Joint Commissioning Board would meet first to consider the Section 75 business.  The proposal was being made to avoid the situation whereby reports were being considered on several occasions by the same people and would make the decision making process more efficient.  The report had been agreed by the Adult Care and Health Committee and would be submitted to full Council for approval.  The terms of reference for the Joint Commissioning Board would be updated.  The CCG and the local authority members would continue to each have one block vote.

41.5    George Mack referred to Schedule 4 – Excluded Functions.  Paragraph 3.1 should refer to Schedule 2 not 4.  

41.6    The Senior Lawyer informed the Board that in her opinion the Local Authority single vote on this item had been taken by the whole of the Adult Care & Health Committee on 18 March.  The Committee had approved the recommendations. 

41.7    RESOLVED - That the requirement to revise the Section 75 Agreement to reflect changes in the law, be noted.

(1)               That the revisions to the Section 75 Agreement be agreed in order to comply with the changes in the law.

(2)               That the proposals for amendments to the arrangements for future meetings of the Joint Commissioning Board be noted.