Issue - meetings

To consider an extension of the current contract, including making provisions for the introduction of new Liberty Protection Safeguards (LPS).

Cllr Carole Allaway Martin, Cabinet Member for Adult Social Care Commissioning, sought agreement to extend the council’s Health and Social Care Advocacy Services Contract.

Having considered all of the information, including known proposals, alternative options and reasons for recommendations, Cabinet noted the report and,

RESOLVED to:

Delegate authority to the Executive Director Adults Social Care:

1)    To exercise an option, under the council’s Independent Health and Social Care Advocacy Service for Adults contract with POhWER, to extend its term by 2 years from 1^st August 2020 until 31st July 2022;

2)    To extend the term of such contract by 2 further months expiring 30^th September 2022 for the purpose of aligning it to the council’s  financial monitoring quarter year, and to provide further time in which to embed the implementation of the Liberty Protection Safeguards (LPS) before the re-commissioning of a new service in 2022;

3)    In consultation with the Cabinet Member for Adult Social Care Commissioning, to amend the service specification of such contract upon implementation of LPS (described in the main body of this report) in order to ensure that the council is able to comply with its new statutory duties under the LPS.

4)    In consultation with the Cabinet Member for Adult Social Care Commissioning, to amend the service specification of such contract upon implementation of LPS (described in the main body of this report) in order to ensure that the council is able to comply with its new statutory duties under the LPS.

Cllr Carole Allaway Martin, Cabinet Member for Adult Social Care Commissioning, sought approval to extend the term of the council’s existing Health and Social Care Advocacy Services Contract.

Incorporated within the proposal was a recommendation to amend such contract for the purpose of including new Liberty Protection Safeguards, (LPS). To comply with legislation introduced in 2019, references to the Deprivation of Liberties (DoLs) would now be referred to as Liberty Protection Safeguards. Where DoL’s applied to those aged over 18, the new safeguards applied to young people aged 16 years and above. It was not clear what the impact of this change might be but it was anticipated there could be significant repercussions.

Cllr Allaway Martin proposed that the new contract be extended for a period of 2 years and 2 months. Responding to questions, she explained that the purpose of the proposed period of extension was to allow the new guidelines to become embedded and to align the dates of the contract with the council’s quarterly performance reporting arrangements.

Cllr Allaway Martin advised members that in continuing with the current model would enable the council to commission arrangements to efficiently meet a range of statutory duties, including; the Care Act 2014; the Health and Social Care Act 2012; the Mental Health Act 2007; and the Mental Capacity Act 2005. To extend the contract with the current provider would allow the service to continue and develop.

Having considered all of the information, including known proposals, alternative options and reasons for recommendations, Cabinet noted the report and,

RESOLVED to:

Delegate authority to the Executive Director Adults Social Care:

1)    To exercise an option, under the council’s Independent Health and Social Care Advocacy Service for Adults contract with POhWER, to extend its term by 2 years from 1^st August 2020 until 31st July 2022;

2)    To extend the term of such contract by 2 further months expiring 30^th September 2022 for the purpose of aligning it to the council’s  financial monitoring quarter year, and to provide further time in which to embed the implementation of the Liberty Protection Safeguards (LPS) before the re-commissioning of a new service in 2022;

3)    In consultation with the Cabinet Member for Adult Social Care Commissioning, to amend the service specification of such contract upon implementation of LPS (described in the main body of this report) in order to ensure that the council is able to comply with its new statutory duties under the LPS.