This agreement is made
the
day
of
2005
Between
Bath and North East Somerset COUNCIL
(“the council”)
And
Bath and North East Somerset PRIMARY
CARE TRUST (“the PCT”)
WHEREAS
- By 2008, Local Authorities are required to have in place
arrangements that produce integrated working at all levels, from
planning through to delivery, with a focus on improving outcomes.
(Change for Children)
- Local Authorities will develop joint commissioning
arrangements. These will be based on assessment of local needs;
agreeing priorities, planning provision and identifying the
resources available across the partner agencies and the
contribution each will make. (Change for Children)
The Council and the PCT agree to the terms contained in this
Partnership Agreement and the following Agreement
Documents:-
Appendix 1 Protocol between Bath & North East
Somerset Council Children and Family Services and Education Service
and Bath and North East Somerset Primary Care Trust for Children
with complex, multiple and high level needs
Appendix 2 Criteria and Intervention
Appendix 3 What the Pooled Budget will
fund
Appendix 4 Joint Agency Panel Referral
Form (RTF file)
Appendix 5 Financial Arrangements
Appendix 6 Terms of Reference for the Joint
Commissioning Board
Appendix 7 Terms of Reference for the Joint
Agency Panel
Appendix 8 Commissioning, Purchasing and
Contracting Arrangements
The Commencement Date of this Agreement is 1st April
2005
Signed
______________________________________________________
Jane Ashman – Director of Social and Housing Services on behalf
of the Council
_____________________________________________________
Mike Young – Director of Education Authority on behalf of the
Council
______________________________________________________
Rhona MacDonald, Chief Executive, Primary care Trust
1. Statement of
Purpose
1.1. The purpose of the pooled budget is to support the
joint planning and commissioning of a range of services for
children with multiple, complex and high level needs, described in
the protocol attached as
Appendix 1
2. Objectives
2.1. To commission a range of services for Children with
multiple, complex and high level needs. In particular to develop
creative packages of local care and link with other strategic
initiatives that can reduce the need for placing children in Out of
Authority residential placements.
2.2. To ensure the most effective contracting, monitoring
and review of Out of Authority placements when they are required
for Children who meet the criteria set out in
Appendix 2
2.3. To provide services able to meet needs, produce
outcomes and offer best value through the effective use of shared
resources for the benefit of Children and Young People with high
levels of need. Services are listed in
Appendix 3
2.4. Regardless of what share each partner commits to the
pooled budget, the pooled funds can be used on the agreed services
as set out in the partnership arrangements. Expenditure will
be based on the assessed needs of users, not on the level of
contribution from each partner. Information on assessed needs will
be shared through use of the shared Referral Form attached
as
Appendix 4
3. Key
Principles
3.1. This Partnership Agreement is made on the principle
that “The key advantage of pooled funding is that it opens up the
prospect of original thinking about how better outcomes might be
achieved. It permits thinking that is independent of any unhelpful
traditions, vested interests, ways of working and constraints on
the spending of funds that have hitherto existed” (Change for
Children)
4. Roles and
Responsibilities
4.1. The Council will be the lead body for the Pooled
Budget for Children and Young People with multiple and complex
needs in Bath & North East Somerset. With effect from the
commencement date detailed on page 2 of this agreement, the council
will arrange for the provision of the services in accordance with
the details set out in
Appendix 5 to this Agreement. (Financial
Arrangements)
4.2. Each partner will retain their statutory
responsibilities for their functions carried out under the pooled
fund.
4.3. The Pooled Fund Manager will be nominated by the lead
body (the Council) and be based within the council, which will also
provide the financial administration system on behalf of the
partners.
4.4. The Joint Commissioning Board will include the
monitoring and review of the Pooled budget for Children and Young
People with multiple and complex needs. The terms of reference of
the Joint Commissioning Board are attached as
Appendix 6 of the Partnership
Agreement
4.5. The Joint Agency Panel will be responsible for
operational planning and commissioning a range of services for
Children with multiple, complex and high level needs. In particular
the panel will focus on developing creative and preventative
packages of care. The Terms of Reference of the Joint Agency Panel
are attached as
Appendix 7 of the Partnership
Agreement.
5. Term of
Agreement
5.1. This agreement will run for a period of three years
from the commencement date unless agreed otherwise, or terminated
in accordance with clause 10.
5.2. The terms and conditions of this agreement will be
reviewed annually every July.
6. Managing the Pooled
Budget
6.1. The Protocol containing the details for the operation
of the Pooled Budget is attached at
Appendix 1 to the Agreement.
7. Financial
Arrangements
7.1. The council has a duty to deliver services within
agreed budgets. Partners must be kept informed of budget positions,
and of actions taken to combat any potential overspending.
7.2. The financial arrangements are set out in
Appendix 5 of the Partnership
agreement.
8. Commissioning and
Contracting Arrangements
8.1. The Commissioning and Contracting arrangements are
set out in
Appendix 8 of the Partnership
agreement
9. Monitoring
Arrangements
9.1. The Joint Commissioning Board will receive reports at
its quarterly meetings and ensure that the objectives and
conditions associated with this Agreement are being met
9.2. Both parties may review the operation of the
arrangements on the coming into force of any relevant statutory or
other legislation and guidance, to ensure arrangements comply.
9.3. The monitoring of the Pooled Budget Funds is detailed
within the Financial Arrangements,
Appendix 5
9.4. The monitoring of contracts held with external
Providers is detailed within the Commissioning and Contracting
Arrangements,
Appendix 8
9.5. All records will be kept for 6 years, as recommended
in the guidance for Section 31 Partnership Agreements.
10. Clinical Governance
10.1. The PCT has ultimate responsibility for
the clinical governance of the health care aspects of any care
funded from the pooled budget. This responsibility will generally
be discharged by JAP, on behalf of the PCT, through:-
10.1.1.ensuring that there is appropriate clinical professional
involvement at all stages of the assessment, placement and review
processes;
10.1.2.ensuring that any specific targets or standards that
Providers are expected to meet are effectively communicated;
10.1.3.ensuring that the contracts agreed with Providers are as
comprehensive and effective as possible
(see ,
Appendix 8, 3.2)
11. Information sharing
11.1. Personal identities will be removed from data
where-ever possible when providing information to partners.
11.2. The lawful exchange of personal and sensitive
data will take place for notified and defined purposes, respecting
the rights of individuals set out in legal acts and common law.
This will include the information required for the protection of
vulnerable adults and children.
12. Disputes and Termination
12.1. Where the Joint Agency Panel cannot reach agreement
on issues covered by this Agreement and the related protocols, the
matter will be referred to the Joint Commissioning Board. If
necessary a special meeting of the Joint Commissioning Board will
be called.
12.2. Any partner may withdraw from this
agreement by giving six months written notice subject to agreement
as detailed under clause 12.3.
12.3. The termination of the agreement will not
come into effect until the Partners have reached agreement on
arrangements for the future commissioning of current service
agreements.
13. Registration for the use of partnership
arrangements
13.1. The registration form for this partnership was
submitted to …..(clarification needed as to the office) on ………………….
(needs to be completed)
