Agenda Item No: D3 CABINET 10 February 2009 RESPONSIBLE CORPORATE DIRECTOR/ACE: Corporate Director of Health and Adult Social Services CABINET MEMBER WITH RESPONSIBILITY FOR ADULT SOCIAL SERVICES: Councillor Rosemary Bromwich Subject: Recommendations: i) Learning Disability Campus Reprovision: Affordability and Spending of Capital Monies The Cabinet is asked to agree the following recommendations: i) That it endorses the “In Control” approach to delivering the LD campus reprovision project described in this report ii) iii) ii) That it approves the gifting to Bedfordshire Pilgrims Housing Association the Obelisk Bungalows, Obelisk Rise, Kingsthorpe, Northampton and 166 Gladstone Road, Dallington, Northampton iii) That it delegates to the Corporate Director of HASS the power to agree the terms of a grant agreement between NCC and Northamptonshire Teaching Primary Care Trust (PCT) for the s256 grant by the PCT of £4.244m of capital funds to NCC for the reprovision project and authorise the execution of such agreement on behalf of NCC (the PCT Grant) iv) That in view of the demanding Government deadline, and taking account of the potentially large number of decisions required to allot capital sums to Bedfordshire Pilgrims Housing Association, the Corporate Director of HASS in consultation with the Head of Asset Management is given delegated authority to: a) agree the terms on which NCC shall transfer ownership of the NCC properties described in clause (ii) above to Bedfordshire Pilgrims Housing Association and, in consultation with the Assistant Chief Executive Finance and Commercial Management, disperse the PCT grant and other funding, if any, obtained by NCC for the reprovision project to Bedfordshire Pilgrims Housing Association; and b) enter into an agreement with Bedfordshire Pilgrims Housing Association evidencing such agreed terms, and authorise the execution of such agreement and any related agreements that may be required, on behalf of NCC. 1. Purpose of Report 1.1 The purpose of this report is to inform members in relation to the Learning Disability Campus Reprovision Project, and to seek support for proposals to enable work to continue to achieve the Government deadline for Reprovision of April 2010. 2. Relevant Corporate Outcome and Corporate Priority Corporate Outcomes and Corporate Priorities 2008-09 Safer, freer and stronger communities A cleaner, greener and more prosperous county A more secure, healthy and independent future for our children, for our young people, and for our adults 9. We will enable the elderly and people who need care to exercise personal choice and live more independent and fulfilled lives A smaller, more enabling council focused on our customers 11. We will provide better access to, and choice of services, targeting our resources on our customers and communities, improving our efficiency and keeping council tax increases at or below the rate of inflation, provided that changes in central government funding to not prevent this. 3. Background 3.1 Two years ago the Government announced its Learning Disability Campus Reprovision Initiative. Essentially, following poor Inspection Reports in Cornwall and elsewhere, it required Local Authorities and PCT’s to ensure that by April 2010 no persons with Learning Disability continued to live on NHS premises or be cared for by NHS staff. This transition is broadly described as “Reprovision”. At that time, in this county there were 96 such persons living in 16 Northamptonshire Health Trust Homes, and being looked after by approximately 300 NHS staff. The three Statutory Bodies, Northamptonshire County Council (NCC), Northamptonshire Healthcare Trust (NHT) and Northamptonshire Teaching Primary Care Trust (PCT) determined that reprovision should be brought about through an In Control approach (issuing of funding made directly to the individual by way of a "Personal Budget” with choice and control being passed to the residents and their families to make their own care arrangements), and that £7.4m (2007/08 prices) would be transferred from NHT to the Council to fund Personal Budgets. Indicative Personal Budgets have been allocated to all of the 92 remaining residents. Virtually all have costed Support Plans, and have been in discussion with a range of Providers about what standards of care they can provide, and at what cost. The reprovision project advertised for and secured a partner for the reprovision project (Bedfordshire Pilgrims Housing Association), and charged it with finding the Independent Housing which residents need. It is intended that the Council will grant capital funds to Bedfordshire Pilgrims Housing Association to facilitate the scheme. This has resulted in plans to convert 10/11 of the existing Homes to self contained flats, and the identification of five further sites (3 belonging to NCC) where further independent living accommodation (mostly flats) can be provided. Both of the NCC’s Statutory Partners have made significant contributions of capital to the reprovision project (PCT: £1.6m and Health Trust: gifting of 16 existing residential homes It seems appropriate therefore for the Council to also consider a contribution. If NCC agrees to this, it will also aid the bid for Grant monies to the Housing Corporation, which has indicated it would expect all Statutory Agencies to make a capital contribution. It is proposed therefore that 2 of the NCC sites referred to above (166 Gladstone Road: a three bedroom former caretakers house, and the Obelisk Bungalows: 2 x 3 bed bungalows within the curtilage of an olders persons home) be gifted to the reprovision project. The value of these properties is: 166 Gladstone Road; £75K-100K and Obelisk Bungalows; £175K-£225K, which is more than offset by the social provisions and outcomes that this project provides ie to source other properties would be more costly. The third property is Quarry House, Duston, We expect to have shortly an offer from our Housing Partner Bedfordshire Pilgrims Housing Association for use of the whole site (part of which would be made available for six properties for reprovision clients) including an offer to NCC for the land. Cabinet will need to be satisfied that this offer represents value for money. Assuming that it is, then Cabinet Member approval will be sought at that point. Currently, roughly two thirds of the residents have potential future addresses, and, in the present market, there is sufficient and affordable additional properties to meet the needs of the remainder. The issue which is currently holding up progress on reprovision is the question of affordability (see S6.1 and S6.2). 3.2 Deadline It is clear that if the Government deadline of April 2010 is to be achieved, we must enable the Project to have funding now to purchase housing/convert properties. 4. Consultation and Scrutiny 4.1 This matter has been subject to consultation with Corporate Legal, Finance and Asset Management Colleagues. Whilst the specific issue has not been considered by Scrutiny Councillors, a progress report about the project overall was considered by the Adult Social Care and Health Scrutiny Committee (Demands of the Health and Social Care Economy Working Group) at its meeting on 13/10/08. Consultation has taken place with PCT and the responsible Cabinet member. 5. Alternative Options Considered 5.1 Delegation of spending decisions to our Housing Partner. This would not be in accord with the Council’s role and responsibility in relation to this project. 6. Financial Implications 6.1 Capital The Council’s committed capital programme includes £2.7m of spending for the LD reprovision project. This is the 2008-09 grant from the Department of Health (DoH) made to the PCT, which it is proposed is granted by the PCT to NCC. It is anticipated the PCT will receive a further grant from the DoH to finance capital works for this project, and again this will be granted to NCC from the PCT. Once this additional funding is agreed the funding will be incorporated in the Council’s committed capital programme subject to approval from the Capital Asset and Investment Group (CAIG) and using the agreed capital governance arrangements. The estimate of the Total Capital required for the reprovision project is between £9M and £10M. Funding already available amounts to approximately £7.5m. (£1.6m granted to NCC from the PCT by way of a s256 grant; £2.644m from DoH Capital grant passed on to NCC by the PCT by way of a s256 grant; £2.135m from Bedfordshire Pilgrims Housing Assocation borrowing; £.100m from the Housing Corporation; approximately £1m from sale of un-retained Trust Homes).Under Stage 3 of the Department of Health Capital Grant programme, NCC and PCT are bidding for an additional £4.2m. It can be seen therefore that the Capital side of reprovision can be considered to be affordable. The capital costs will be regularly monitored and reported to CAIG. 6.2 Revenue Until recently the picture here looked very difficult. Against the £7.4m available funding from the Trust, the projected cost of the Support Plans was £10.2m. However, intensive and detailed work by Project staff and Corporate Finance produced a fresh and more reliable estimate of £8.8m for Support Plan costs (the saving is mostly accounted for by economies associated with a good proportion of residents sharing accommodation and care costs). Meanwhile, discussions between the Trust and Officers of the PCT and NCC have resulted in a figure of £8.2m to be transferred to fund Personal Budgets. Negotiations are continuing with the objective of securing additional transfer of funding from the Trust. Currently, therefore, the Revenue Funding gap is an estimated £0.6m. Clearly the reprovision must be delivered within the funding transferred from the Health Service and negotiations continue to achieve this goal. Members will be asked once this has been achieved to finally endorse the scheme. The revenue and capital spend/funding profiles are summarised below Capital Investment Costs Funded by – funds already available Funds”applied for” Deficit/surplus Capital Accumulated position On-going costs (revenue) Costs: Support care packages Funded by : income from Health Trust Total Costs : revenue deficit 7 Current year 2008-09 2009-10 2010-11 £m £m £m 2011-12 & beyond £m 1.0 4.2 7.5 0.8 - 7.435 - 0.065 +3.135 - 0.8 +2.335 +3.2 +3.2 Forecast 8.8 8.2 8.8 8.2 -0.6 -0.6 Legal Implications We expect that the PCT will transfer £4.244m to NCC prior to the end of this financial year by way of a s256 grant. This grant will be evidenced by a grant agreement between the PCT and NCC with conditions. Furthermore, given that work is underway on the reprovision project by Bedfordshire Pilgrims Housing Association, officers would like to conclude contract negotiations as swiftly as possible. The agreement with Bedforshire Pilgrims Housing Association is currently in draft form, and is a grant agreement with conditions, requiring Bedfordshire Pilgrims Housing Association to repay the grant under certain circumstances, secured by charges on the property acquired by Bedfordshire Pilgrims Housing Association for the reprovision project, and giving NCC nomination rights in respect of accommodation provided. 8 Risk and Business Continuity Management a) Risk(s) associated with the proposal Risk Delegated decisions based on inadequate / partial information Capital decisions taken without reference to overall Council Capital position The Housing Partner does not spend public money wisely in achieving project outcomes Mitigation Well coordinated project management system CAIG kept fully informed Residual Risk Amber Amber We have engaged the Council’s Green Property Estate partners to independently verify value for money re property procurement b) Risk(s) associated with not undertaking the proposal Risk Delay would be caused to the delivery of the accommodation needs for the 92 clients with subsequent delay in completing their transition to independent living Delay would make it very unlikely to meet the Department of Health target date of 31 March 2010 to complete the project Potential reputational damage to the Council Author: Contact details: Background Papers: Is this report proposing a key decision is taken? If yes, is the decision in the Forward Plan? Will further decisions be required? If so, please outline the timetable here Is this report proposing an amendment to the budget and/or policy framework? Have the financial implications been cleared by the strategic finance manager (SFM)? Have any capital spend implications been cleared by the Capital Asset Investment Group (CAIG) Has the report been cleared by the relevant Corporate Director or ACE? Has the relevant Cabinet Member been consulted? Has the relevant scrutiny committee been consulted? Have any legal implications been cleared by Legal Services? Have any communications issues been cleared by Communications and Marketing? Has an Equalities Impact Assessment been carried out in relation to this report? Are there any community safety implications? Are there any environmental implications: Are there any human rights implications: Constituency Interest: Risk Rating Red Red Amber Name: Paul Rowley Team: LD Reprovision Project Tel: 01604 237223 Email: [email protected] None YES NO YES NO YES Name of SFM: Martin Pettitt NO – application in process YES Name of Director: Charlie MacNally YES Cabinet Member: Rosemary Bromwich YES Scrutiny Committee: ASCHSC (Demands of the Health and Social Care Economy Working Group) at it’s meeting on 13/10/08 YES Name of solicitor: Penny Osborne YES Name of officer: Simon Deacon Equalities Impact Assessment has been completed for project, not specifically for this proposal NO NO NO NO
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