Agenda and minutes

Adult Care and Health Policy Development and Scrutiny Committee - Wednesday 16 January 2013 7.00 pm

Contact: Helen Long  020 8313 4595

Items
No. Item

55.

APOLOGIES FOR ABSENCE AND NOTIFICATION OF SUBSTITUTE MEMBERS

Minutes:

Apologies were received from Councillors Roger Charsley and Reg Adams.  Apologies were also received from Brebner Anderson and Brian James.

 

The Chairman passed on the committee’s best wishes for a speedy recovery to Brebner, who was in hospital having sustained injuries in a fall.

 

56.

DECLARATIONS OF INTEREST

Minutes:

 

  • Councillor Judi Ellis declared that her father had dementia and was resident in a care home in Bromley and her mother was also a resident in a Bromley Care Home.
  • Councillor Diane Smith declared she was on the board of Governors for Bromley Healthcare.

Councillor Mrs Anne Manning declared that she was the Chairman of the Carers Organisation Group

Leslie Marks declared that she had a son in a Bromley care home

  • Angela Clayton-Turner declared that she had a relative in a Mission Care Home.
  • Lynne Powrie declared an interest in item 7c as the Chief Executive of Carers Bromley. 

 

 

57.

QUESTIONS FROM COUNCILLORS AND MEMBERS OF THE PUBLIC ATTENDING THE MEETING

In accordance with the Council’s Constitution, questions to this Committee must be received in writing 4 working days before the date of the meeting.  Therefore please ensure questions are received by the Democratic Services Team by 5pm on Thursday 10th January 2013.

 

Minutes:

No Questions were received.

 

 

58.

QUESTIONS TO THE CARE SERVICES PORTFOLIO HOLDER FROM MEMBERS OF THE PUBLIC AND COUNCILLORS ATTENDING THE MEETING

In accordance with the Council’s Constitution, questions to the Portfolio Holder must be received in writing 4 working days before the date of the meeting.  Therefore please ensure questions are received by the Democratic Services Team by 5pm on Thursday 10th January 2013.

 

Minutes:

 

4 written questions were received from members of the public and these are attached at Appendix A.

 

59.

CARE SERVICES PDS WORK PROGRAMME 2012/2013 AND MATTERS ARISING pdf icon PDF 186 KB

Minutes:

Report RES13016

 

The Committee considered its Work Programme for 2012/13 and progress on the matters arising from previous meetings.

60.

MINUTES OF THE MEETING OF CARE SERVICES PDS COMMITTEE MEETING HELD ON 4TH DECEMBER 2012 pdf icon PDF 98 KB

Minutes:

A number of typing corrections were highlighted and two Amendments, as follows:

 

“Minute 43a - Cllr Mrs Manning had reported that she had written to the MP who in turn had written to the Ian Duncan Smith regarding the issues relating to Foster Carers.  There had been a response but it had not offered a definitive answer”.

 

“Minute 44 – Paragraph beginning Mr Kershaw should read It was reported that Mr Kershaw…..”

 

The Director updated the Committee in relation to minute 43 stating that this issue related to a very small number of foster cares, less than ten.

 

RESOLVED that the minutes of the meeting held on 4th December 2012 be agreed subject to tying corrections and the amendments outlined above.

61.

PRE-DECISION SCRUTINY OF CARE SERVICES PORTFOLIO REPORTS

The Care Services Portfolio Holder to present scheduled reports for pre-decision scrutiny on matters where he is minded to make decisions.

 

61a

Draft 2013/14 Budget pdf icon PDF 110 KB

Additional documents:

Minutes:

A)  Draft 2013/14 Budget

 

The Committee considered a report of the Portfolio Holder’s Draft 2013/14 Budget which incorporated future cost pressures and initial draft budget saving options.  This had been reported to Executive on 9 January 2013. Members considered the initial draft budget savings proposed.

 

The Portfolio Holder addressed the committee requesting that they provide comments on the budget for him to feed back to Executive on 6th February. The Executive requested that each PDS Committee consider the proposed initial draft budget savings and cost pressures for their Portfolio and the views of each PDS Committee be reported back to the next meeting of the Executive, prior to the Executive making recommendations to Council on 2013/14 Council Tax levels.

 

There were still outstanding issues and areas of uncertainty remaining. Any further updates would be included in the 2013/14 Council Tax report to the next meeting of the Executive.

 

Members raised a number of points:

 

1.  Concerns about the funding of Citizen’s Advice Bureau (CAB) in Beckenham and Penge, the suitability of outreach centres and that they may be unable to provide a service to the numbers of people currently accessing it.  This issue is also the subject of a motion to full Council.

 

The Portfolio Holder reported that at the recent CAB AGM there had been a very positive response to the changes that had been made to provide outreach services.

 

2.  That the proposed changes to Older People’s Day Centres was putting the providers in a position where they may be unable to provide a service going forward. This issue was the subject of a report elsewhere on the agenda.

 

The Chairman and one of the members of the Committee had recently visited a Day Centre where they were looking at a way of extending their service offer to cover breakfast and possibly to open on a Saturday and Sunday.

 

A fuller breakdown of the attendance figures may have been helpful to understand how many people attended for how many days.

 

3,  Section 4.3 of the report highlighted the impact of an ageing population Members were concerned that adequate resources were in place to undertake the required assessment functions. Members also asked what modelling had been undertaken to profile the demands.  Officers explained that it was based on population statistics, past trends and the impact of key service areas already modelled.  Consideration was then given to the available funds and how these could be best utilised.

 

4.  Whether there would be any changes following the Kershaw report. 

 

Officers explained that once the report was accepted by the Secretary of State Officers would begin working with the CCG and Kings.

 

5.  The representative for Bromley Council on Ageing reported that at a recent partnership meeting concerns and been expressed that the calculations quoted took account of the potential rise in dementia cases. The suggestions for day centres suggested alternatives which dementia sufferers would not be able to access. 

 

6.  Members noted that £1m was set aside in  ...  view the full minutes text for item 61a

61b

Budget Monitoring 2012/13 pdf icon PDF 121 KB

Additional documents:

Minutes:

Report CS12065

 

Members considered the budget monitoring position for 2012/13 based on activity up to the end of November 2012.

Forecasts based on the latest activity available showed an overspend of £591,000 on Bed & Breakfast accommodation for 2012/13 after the use of grant funding that was carried forward from 2011/12 of £453,000 and other minor under spends. The projected full year cost pressures were £1,157,000. A sum of £1m had been included in the four year financial forecast for 2013/14.  The number of B&B placements was currently fairly stable averaging at around 325 for the last few months although without the “invest to save” initiatives the numbers would have been 475.

The Chairman sought clarification under direct payments (e) as it appeared there was an over spend. Officers explained this was not the case.  There were void properties in the Extra Care Housing Schemes as a result of moving people in gradually rather than move everyone at the same time.

In relation to “no recourse to Public Funds”, the committee noted that there could be delays of up to 5 years in assessing the application. In that time the authority had responsibility for the children of those claimants. They wanted more lobbying of the. The Director confirmed that Bromley were regularly in contact with the Border Agency.  Members felt that political lobbying may help to speed up the process.

In regard to Children’s social care placements members asked for the figures on the numbers of children placed in residential placements as an outcome from a tribunal.  Officers would provide this information outside the meeting.

RESOLVED that

 

1.  that a projected under spend of 2,474k is forecast, based on information as at November 2012 is noted;

2.  the Portfolio Holder is requested to approve the report.

 

61c

Commissioning Strategy for Older People - Day Opportunities and Respite Care -Invest to Save. pdf icon PDF 240 KB

Minutes:

Report  CS12066

 

In September 2012 the Care Services Portfolio Holder approved in principle the proposed commissioning strategy for older people’s day opportunity services and respite at home services in which individual choice and control was central and Personal Budgets/ Direct Payments the preferred mechanism to fund the support provided by the Council to eligible individuals.

Transitional arrangements to reach that position were described whereby, from 1st April 2013, all block contract arrangements with older peoples’ day opportunities providers and respite at home service providers would cease. At that point all existing users of the services would have continuation of the service guaranteed by their places being spot-purchased by the Council on an individual basis (referred to as “legacy placements”). As clients left the service the value of the spot placement would be withdrawn from the provider.

Future eligible clients coming new to the system from April 2013 would have the value of their service included in their Personal Budget. If the Council managed the Personal Budget on behalf of the service user, the Council could either purchase an individual place at a day centre or another form of respite/ activity according to the individual’s choice. Alternatively the service user can take a Direct Payment, which would enable them to purchase either a day opportunities place of their choice or other forms of respite/day activities (e.g. sitting service) should they wish to do so.

Members asked that the detailed arrangements in respect of Legacy Placements, Personal Budget values and future arrangements with providers be worked up and reported in January/February 2013 in order to implement the changes.

Members queried whether the report gave them the details they were seeking.  Savings needed to be delivered and Officers explained that they had listened to the views of service users and providers on these services. Existing service users want to continue to use the services, providers had expressed a strong view that they did not want the services to be put out to tender. Therefore they needed to look at the service they provided and ways to develop for the needs of current users and to make it more attractive to future users whose needs and wishes may differ.

 

Community Links Bromley had worked with a number of providers to assist with business planning and development but only where help was requested. They were unable to intervene if providers did not request their help. Community Links Bromley have now been commissioned to undertake a project to undertake a survey of support needs, run a provider event and deliver a report to officers by April 2013 on future development requirements for providers. Providers were aware that their funding would decrease from October 2013. Officers agreed to provide a list of all the providers who were working with Community Links.

 

Members then queried how the costs had been calculated. The Chairman was concerned that these would not be sufficient for the providers to offer the services.  Officers explained that they had looked carefully at the historical  ...  view the full minutes text for item 61c

61d

Contributions Policy pdf icon PDF 105 KB

Minutes:

Report CS12066

 

Members considered the proposed contribution rates for personal care from April 2013, the revised rate were in response to the domiciliary care services tendering exercise.  The Portfolio Holder was asked to approve that consultation be undertaken with service users who had used the former PCT respite care provision, their families and carers about the charges that would be applied when using the new respite service.

 

In 2003, the Government issued guidance for setting charges for non-residential social care services. That guidance sought to ensure that people who used the services were treated fairly and not asked to make a contribution towards their care that would leave them in financial difficulty or hardship.  It also ensured that local authorities could not make a profit from these services, so the maximum charge that could be set was full cost recovery (subject to a financial assessment).

Members noted that as a result of the new framework agreement for domiciliary care the council would generate savings of approximately £1.4m gross of client contributions and £1m net of client contributions, in a full year. 

 

However, it was difficult to estimate how much additional income would be generated from charging service users moving from the former PCT service until the financial assessments were completed. At this stage it was not known how many of the 43 services users would be required to make a contribution towards their care.

Officer’s explained that to ensure that the new respite service is fully utilised it is further proposed that we look to sell any vacant respite beds to other local authorities, based on full cost recovery.

RESOLVED that the Portfolio Holder is requested approve:

1.  The new rates for personal care as set out in paragraph 3.11 and 3.17 for 2013/14.

2.  Consultation with service users, their families and carers as outlined in paragraphs 3.21 – 3.24.

 

61e

Gateway Review Adult Care Services pdf icon PDF 145 KB

Minutes:

Report CS12060

 

In line with the Council’s Corporate Operating principle that the Council’s services would be provided by whoever offered customers and council tax payers excellent value for money, and in accordance with a gateway review process under Contract Procedure Rules, Education and Care Services had considered options for delivering reablement, extra care housing for older people and learning disability services which were currently provided by in house teams.

 

It was proposed that extra care housing and reablement services would be tendered in April 2013 in order to establish who is best placed to deliver these services and that further work was carried out to establish the most appropriate model for future commissioning of learning disability services.

 

The Chairman was concerned that figures in the report seemed to indicate that there were “voids” in extra care housing.  Officers explained that one of the requirements of the Mayor’s funding was there had to be a proportion of double flats available within schemes, these were not always easy to fill and could lead to some not being occupied.

 

The Chairman queried the underspend of £19k on re-ablement outlined in the previous budget monitoring report.  Officers explained that this projection was due to in year staff vacancies. 

 

RESOLVED that the Executive is requested to:

 

1.  agree to proceed to tendering the extra care housing service using the framework which was set up in 2011;

2.  agree to proceed to tendering the reablement service; and 

3.  note that savings will be sought in the in house learning disability service in 2013/14 and that a further report on the most appropriate future commissioning model will be made during 2013.

 

62.

QUESTIONS ON THE CARE SERVICES PDS INFORMATION BRIEFING

The briefing comprises:

 

  • Care Home Quality – Annual Report
  • 2011/12 Local Account – Adult Social Care Annual Report

 

Members and Co-opted Members have been provided with advance copies of the briefing via email.  The briefing is also available on the Council’s website at the following link:

 

http://cds.bromley.gov.uk/ieListMeetings.aspx?CId=559&Year=2013

 

Printed copies of the briefing are available on request by contacting the Democratic Services Officer.

Minutes:

There were no questions on the information briefing.

62a

Care Home Quality - Annual Report pdf icon PDF 163 KB

Additional documents:

62b

Draft Local Account - Adult Social Care Annual Report pdf icon PDF 77 KB

Additional documents:

63.

LOCAL GOVERNMENT ACT 1972 AS AMENDED BY THE LOCAL GOVERNMENT (ACCESS TO INFORMATION) (VARIATION) ORDER 2006 AND THE FREEDOM OF INFORMATION ACT 2000

The Chairman to move that the Press and public be excluded during consideration of the items of business listed below as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

 

Minutes:

RESOLVED that the Press and public be excluded during consideration of the items of business listed below as it was likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

 

64.

EXEMPT MINUTES OF THE CARE SERVICES PDS COMMITTEE MEETING HELD ON 4TH DECEMBER 2012

Minutes:

The Committee noted the exempt minutes of the meeting held on 4th December 2012

 

RESOLVED that the exempt minutes of the meeting held on 4th December 2012 are agreed.

 

65.

PRE-DECISION SCRUTINY OF EXEMPT CARE SERVICES PORTFOLIO HOLDER REPORTS

66.

Contract Award Bromley Healthwatch

Minutes:

Report CS 12063

 

The Care Services Portfolio Holder considered the report and agreed the recommendations.

 

67.

Contract Extension for the Social Care Database (Carefirst)

Minutes:

Report CS 12068

 

The Care Services Portfolio Holder considered the report and agreed the recommendations.

 

Appendix 1 pdf icon PDF 28 KB