Agenda item - Better Care Fund - Extension to Section 75 Agreement

Report of the Head of Legal Services, the Director of Partnerships and Commissioning Integration BHCCG and the Head of Adult Social Care Commissioning

RESOLVED:

(1)      That the Board noted the update in relation to the Better Care Fund Proposals for 2019/2020 as set out in paragraph 2.6 of the report;

(2)      That the Board authorised the Executive Director Health and Adult Social Care and the Director of Partnership and Commissioning Integration to finalise and enter into a variation to the Section 75 Partnership Agreement for the commissioning of health and social care services from the Brighton & Hove Better Care Fund to cover the period 2019-2020.

54.1      The Statutory Director for Health and Adult Social Care introduced the report. He stated that the previous framework had served its function well and the future framework had been assured that it would be similarly consistent, if not the same.

54.2      Malcolm Dennett stated that the Section 75 Agreement had been amended, revised and approved last year and he, as a lay member for governance, must fulfil the due process of checking to make sure the agreement continued to be consistent and financially sound for its statutory purpose.

54.3      In response to the Statutory Director of Health and Adult Social Care stating that the wording in the recommendation was that the Board agree to a variation in the current contract without specially highlighting what this would be, the Chair stated that report should only return to the Board after delegated approval if there were significant changes to the agreement.

54.4      Councillor Taylor asked for clarification on the change that would be delegated away from the Board and why this agreement needed to be approved if the changes were so minimal.

54.5      In response to the Chair stating that the agreement was a one year extension in order to continue work until the final framework for the Better Care Fund (BCF), the Statutory Director for Health and Adult Social Care responded that there was no great change anticipated and the disruption to the usual central guidance roll-out was because of Brexit.

54.6      Ashley Scarff stated that in absence of the Section 75 agreement they would lack the legal framework to continue and this approval simply provided a vehicle to move forward.

54.7      In response to Councillor Wealls asking if there were any meaningful financial changes, the Statutory Director for Health and Adult Social Care stated there had been no indication of this from central sources.

54.8      The Legal Advisor confirmed the previous guarantees in that the recommendations for authorisation were on the basis that there were no changes at present, however there was a mechanism which allowed the agreement to return to the Board if changes arose.

54.9      The Statutory Director for Health and Adult Social Care stated that there would be a BCF update at the June Board.

54.10   RESOLVED:

(1)       That the Board noted the update in relation to the Better Care Fund Proposals for 2019/2020 as set out in paragraph 2.6 of the report;

(2)       That the Board authorised the Executive Director Health and Adult Social Care and the Director of Partnership and Commissioning Integration to finalise and enter into a variation to the Section 75 Partnership Agreement for the commissioning of health and social care services from the Brighton & Hove Better Care Fund to cover the period 2019-2020.