Decision details

In coming to this decision I have given due and full regard to the requirements of the public sector equality duty contained in section 149 of the Equality Act 2010 (“the Act”) by reference to the law itself and also the relevant Equality Impact Assessment, which was prepared in accordance with the requirements of the Act.

Having fully considered all the available information, I have decided to reject the alternative options and take the recommended decision to:

1.    ratify a decision made by the Executive Director of Adult Social Care, Wellbeing and Communities, in consultation with the Cabinet Member for Adult Social Care Commissioning, to publish the Market Sustainability Plan on Gloucestershire County Council (GCC) website, in accordance with the requirements of the Department of Health and Social Care (DHSC);

2.    delegate authority to the Executive Director of Adult Social Care, Wellbeing and Communitiesto implement the Market Sustainability Plan including the following measures:

a.    to pay providers of bed based and domiciliary provision for older and disabled people in Gloucestershire with whom the council contracts currently a one-off payment equivalent to 1% of the annual fees as taken at a snapshot in time payable under such contracts in accordance with guidance for the Market Sustainability and Fair Cost of Care Fund (MS&FCoC) to “promote the efficient and effective operation of a market in services for meeting care and support needs” (Section 5 Care Act 2014).

b.    to (i) Increase the current contract fee rate payable by the council to providers of nursing and dementia care homes in Gloucestershire with whom the council contracts by 4% per annum.  Such increase shall be payable on top of the latest global inflation uplift; and

(ii) ensure that any nursing and dementia care home providers with whom the council contracts who are paid a rate which is less than the current contract fee rate have their fee rate increased to such new contract rate.

The increases described in Recommendations 2(b)(i) and (ii) shall take effect from April 2023 in accordance with the variation provisions of such contracts and in accordance with Care Act 2014 (Section 5) to “promote the efficient and effective operation of a market in services for meeting care and support needs”.

For the reasons set out in the report.