FINAL DRAFT STRATEGIC PARTNERING AGREEMENT · STRATEGIC PARTNERING AGREEMENT – FINAL DRAFT...

Appendix A

FINAL DRAFT

STRATEGIC PARTNERING AGREEMENT

between

ROYAL BOROUGH OF KENSINGTON & CHELSEA and

KENSINGTON & CHELSEA PRIMARY CARE TRUST

MARCH 2007

STRATEGIC PARTNERING AGREEMENT – FINAL DRAFT FEBRUARY 2007

SIGNED BY Executive Director Kensington and Chelsea Family and Children’s Trust Chief Executive Kensington and Chelsea Primary Care Trust Lead Member Children’s Services – Royal Borough of Kensington and Chelsea Chair – Kensington and Chelsea Primary Care Trust

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CONTENTS 1. Purpose of the Partnering Agreement………………………………………….. 4 2. Kensington and Chelsea Family and Children’s Trust…………………….... 5 3. Family and Children’s Trust Legal Framework……………………………….. 8 4. Duration, Review and Cessation of the Partnership…………………………. 10 5. Family and Children’s Trust Governance…………………………………….... 11 6. Resource Management Arrangements………………………………………..... 14

7. Commissioning Arrangements....................................................................... 17 8. Access, Information Management and Complaints...................................... 18 DIAGRAMS 1. Kensington and Chelsea Family and Children’s Trust Arrangements....... 7 2. Lines of Accountability and Influence.......................................................... 9 SCHEDULES 1. Kensington and Chelsea Family and Children’s Trust PCT Community Healthcare Services – Inclusions, Exclusions, Future Considerations..... 20 2. Summary Implementation Plan..................................................................... 22 3. Project Director Family and Children’s Trust Implementation, Role, Responsibilities and Tasks............................................................................. 26 4. Glossary of Acronyms…………………………………………………………….. 28

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AGREED PARTNERING ARRANGEMENTS FOR A FAMILY AND CHILDREN’S TRUST MADE BETWEEN ROYAL BOROUGH OF KENSINGTON AND CHELSEA

AND KENSINGTON AND CHELSEA PRIMARY CARE TRUST ‘THE PCT’

1. PURPOSE OF THE PARTNERING AGREEMENT

1.1 The Purpose of this partnering agreement is to establish a Family and Children’s Trust in Kensington and Chelsea to offer local children, young people and families more streamlined access to the health and local authority services currently supporting them to improve their life experiences, chances and outcomes. The Family and Children’s Trust is intended to help realise the agreed vision for children’s services set out in the Children and Young People’s Plan and re-iterated at paragraph 1.2 of this agreement.

1.2 We want all children and young people to have the best possible start in life:

• To grow up safely and healthily • To be enquiring and keen to learn and to help others • To enjoy life and have fun • To have their achievements recognised and built upon • To be prepared for an active, economically independent, participative adulthood • To respect themselves and others, and engage positively with society;

and • To get the extra help they need if they are in difficult circumstances

City life, especially at the heart of a great metropolis like London can be challenging for families. Demand for affordable housing and secondary school places outstrips supply; green space is limited; the city is noisy and busy and crime is an everyday reality. Yet the city is also exciting, dynamic, diverse and full of opportunities. This is particularly true of Kensington and Chelsea. We want to promote the best city life and enable all the children and families of Kensington and Chelsea to make the most of the opportunities.

Strong family networks are the foundation on which strong communities are built. We will continue to support parents, extended families and carers as the main contributors to their children’s safety, success and well-being and to build strong families at the heart of strong communities. We will help families to find information and services they need before small concerns become major crises. We will prioritise children with the greatest needs and those at risk of harm, to ensure their well-being and safety. We aim to be good parents to children and young people in public care.

We are ambitious for the children and young people who live or study in the Royal Borough of Kensington and Chelsea. We are proud of our high educational standards and we intend to improve children’s attainment even further. We want all children to receive excellent teaching, a broad, rich and enjoyable curriculum, the promotion of healthy lifestyles, a positive learning environment and a range of additional support. We recognise the

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importance and impact that health can have on the lives of children and their parents and carers and we want to ensure that we promote access to high quality health services in our community.

Introduction 1.3 The vision for families and children in Kensington and Chelsea has much in

common with the national Every Child Matters vision. In particular the things that we want for our children are entirely consistent with the five Every Child Matters outcomes. However we place a much stronger emphasis on the role of families, recognising that children are most likely to flourish in strong and loving families. We recognise that there are many different types of families. Whilst we do not regard one type of family as ‘better’ than another we recognise that different types of families tend to face different challenges and stresses. We also recognise that all agencies have a special responsibility towards children who can’t live with the family of their birth. The emphasis on strong families therefore includes foster and adoptive families and means ensuring that the Council carries out its own responsibilities as a parent to the highest standards.

2. KENSINGTON AND CHELSEA FAMILY AND CHILDREN’S TRUST

2.1 The Family and Children’s Trust is not a new legal entity in itself but a set of arrangements between the Royal Borough of Kensington and Chelsea and Kensington and Chelsea Primary Care Trust (PCT). As such this Partnering Agreement is not being put in place to create enforceable legal rights and obligations between the Council and the PCT but rather as a statement of shared processes, purposes and outcomes. The Council and PCT are not and do not intend to do anything in this agreement to constitute a partnership within the Partnership Act 1890, the Limited Partnerships Act 1907, Limited Partnerships Act 2000 or any other legislation.

2.2 The Children Act 2004 places a duty on the Council to make arrangements

to promote co-operation between all of its partners. This agreement is between the Council and PCT only thus satisfying the Children Act 2004 section 10(8) with regard to the PCT. However it is set within a wider set of Children’s Trust arrangements as set out in paragraph 2.5 below designed to maximise co-operation between partner agencies in service for children, young people and their families as required in section 10 of the Act.

2.3 These arrangements are led on behalf of the Council and PCT by the

Council’s Executive Director for Family and Children’s Services, (hereafter in this agreement known as the Executive Director Family and Children’s Trust) and the Lead Member for Children. These arrangements are based on a Family and Children’s Trust model where the Council leads the Family and Children’s Trust arrangements with formal delegation of the commissioning, provision and management of the Primary Care Trust’s community healthcare services for children to the Executive Director Family and Children’s Trust accountable to the PCT Board. Within these arrangements health staff continue to be employed by the Primary Care Trust but their activities and priorities are directed by the Executive Director Family and Children’s Trust acting for and on behalf of the PCT.

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2.4 Those staff delivering community healthcare services will be line managed

by a designated manager within the Family and Children’s Trust. This manager will be responsible for the day-to-day management of their work activities, setting and agreeing work based targets and holding regular team briefings. Arrangements will be made to ensure that their resource needs are met including access to Information and Communications Technology (ICT) systems and information. Professional supervision of staff will be managed through the PCT.

2.5 At the same time arrangements will be put in place to ensure that all staff

that are seconded as part of these arrangements are kept informed of changes which may occur in the PCT, in particular those which may affect them. PCT practices with regard to managing change will be followed.

2.6 The Family and Children’s Trust is therefore comprised of children’s services

directly provided and commissioned by the Council’s Family and Children’s Services Business Group and children’s community healthcare services directly provided and commissioned by Kensington and Chelsea PCT – this does not include General Practitioner (GP) services or any acute hospital based care.

2.7 The National Health Service (NHS) functions which are the subject of this Agreement are health related functions including but not restricted to health authority functions under Sections 2 and 3(1) and Sections 5(1A)(1B) of Schedule 1 of the National Health Service Act 1977 5.3. Specific details of PCT community healthcare services subject to this agreement are set out in Schedule 1 with inclusions, exclusions and future considerations. The Council’s functions subject of this Agreement include but are not restricted to the social care and education related functions met by the provision of services by Social Services, Local Education Authority and schools including functions under Children Act 1989, Mental Health Act 1983, National Assistance Act 1948, Children Leaving Care Act 2000, Chronically Sick and Disabled Persons Act 1970, Education Act 1996, Special Educational Needs and Disabilities Act 2001 and the Education and Inspections Act 2006.

2.8 The Kensington and Chelsea Family and Children’s Trust is part of a wider set of Family and Children’s Trust arrangements within the borough centred around the multi-agency Kensington and Chelsea Family and Children’s Partnership (itself a sub-group of the Local Strategic Partnership known as the Kensington and Chelsea Partnership). Kensington and Chelsea Family and Children’s Partnership is responsible for setting the broad vision for all local services for children, young people and their families within which single agencies agree to operate. It is also responsible for commissioning and ensuring the provision of inter-agency services themselves and overseeing the Children and Young Persons theme of the Local Area agreement and Multi-Area Agreements.

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Diagram 1 KENSINGTON AND CHELSEA FAMILY & CHILDREN’S TRUST ARRANGEMENTS

INDEPENDENT AND VOLUNTARY SECTOR CHILDREN’S SERVICE

PROVIDERS

CONNEXIONS SHA

YOT

GP & PRIMARY

CARE SERVICES

FURTHER EDUCATION

SCHOOLS HOUSING

POLICE

KENSINGTON AND CHELSEA

LOCAL COMMUNITIES BUSINESS

TRANSPORT COMMERCE

CRIME AND

DISORDER

NATURAL ENVIRONMENT

FAITH COMMUNITIES BUILT ENVIRONMENT

KENSINGTON AND CHELSEA WIDER SET OF

FAMILY & CHILDREN’S TRUST ARRANGEMENTS

PROBATION KENSINGTON AND CHELSEA FAMILY AND CHILDREN’S

TRUST RBKC

FAMILY AND CHILDREN’S SERVICES BUSINESS

UNIT

PCT CHILDREN’S COMMUNITY

HEALTHCARE SERVICES

+

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3. FAMILY AND CHILDREN’S TRUST LEGAL FRAMEWORK

3.1 The legal framework chosen for the new Family and Children’s Trust is the Local Area Agreement. A Local Area Agreement (LAA) already exists within Kensington and Chelsea with an associated Children and Families block. This came into existence as part of Round 2 of the LAAs agreed by the Office of the Deputy Prime Minister in 2006. The role and powers of LAAs are being broadened and strengthened with the proposals contained in the new Local Government White Paper ‘Strong and Prosperous Communities’ (26 October 2006).

3.2 The annual ‘refresh’ of round 2 LAAs provides the opportunity for the

Kensington and Chelsea partners in services for families, children and young people to establish their local Family and Children’s Trust arrangements through LAA enabling measures to:

- delegate the commissioning, direct provision and management of those community healthcare services set out in paragraph 2.1 and Schedule 1 to Executive Director Family and Children’s Trust or her representative, acting for and on behalf of the PCT, accountable to and PCT Board;

- establish pooled budgets and resources within the Family and Children’s Trust under the management of the Executive Director Family and Children’s Trust utilising budgets and resources of the local authority, PCT and other partner agencies and community stakeholders as appropriate where it will enhance the service provided in specific service areas e.g. Looked After Children; Children with Complex Needs, Youth Justice.

- create an agreed mediation process for the Council and PCT within the Family and Children’s Trust agreed by the Central Government Departments of the Department for Education and Skills (DfES) and the Department of Health (DH) to be used to assist in conflict resolution between the PCT and Council as part of the their Family and Children’s Trust Partnering Agreement.

3.3 This agreement provides for phased implementation of the steps permitted

by the enabling measures as set out at paragraph 4.1 For example pooled budgets will be established in due course although not from day one of the implementation phase.

3.4 Utilising the LAA in this way is an innovative and flexible approach to

establishing Family and Children’s Trust arrangements. It provides clarity for the Family and Children’s Trust itself in terms of form, function and lines of accountability but also provides a governance structure for the wider set of Children’s Trust arrangements through the Family and Children’s Strategic Partnership (responsible for the Children’s block of the LAA) through to the Kensington and Chelsea Partnership (the Local Strategic Partnership responsible for the whole community LAA).

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Diagram 2 FAMILY AND CHILDREN’S TRUST ARRANGEMENTS LINES OF ACCOUNTABILITY AND INFLUENCE

EXECUTIVE DIRECTOR FAMILY AND CHILDREN’S

TRUST

KENSINGTON AND CHELSEA

PARTNERSHIP

FAMILY AND CHILDREN’S STRATEGIC PARTNERSHIP

STAKEHOLDERS FORA

LOCAL SAFEGUARDING

BOARD

OVERVIEW AND SCRUTINY COMMITTEE

CLINICAL EXECUTIVE COMMITTEE

PCT BOARD LEAD MEMBER CHILDREN’S SERVICES

COUNCIL CABINET

FAMILY & CHILDREN’S

RBKC CHILDREN’S SERVICES

PCT CHILDREN’S COMMUNITY HEALTHCARE SERVICES

executive accountability influence, advise and comment

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4. DURATION, REVIEW AND CESSATION OF THE PARTNERSHIP

4.1 The duration of the Family and Children’s Trust is in line with the three year timeframe of the LAA from 2007-2010 inclusive and will progress in three phases including three year financial planning:

Phase 1: 1st April 2007 - 31st March 2008 Implementation Phase 2: 1st April 2008 - 31st March 2009 Establishment Phase 3: 1st April 2009 - 31st March 2010 Consolidation and Formal Review

The Summary Implementation plan is set out in Schedule 2.

Annual internal reviews of the Family and Children’s Trust and the wider Family and Children’s Trust arrangements will take place. The reviews will be reported to the Local Authority Cabinet and PCT Board with summary outcomes reported to the Kensington and Chelsea Family and Children’s Strategic Partnership. The Family and Children’s Trust’s success and that of the wider Family and Children’s Trust arrangements shall be measured in any review upon the basis of the achievement of the objectives and performance results set out in the Children and Young Persons Plan, Local Development Plan, LAA and the Family and Children’s Trust Annual Business Plan. The annual review will include consideration of whether there is any need to vary this agreement, and whether to seek amendments to the enabling measures under the LAA via the annual LAA refresh exercise. This agreement can only be varied with the agreement of both Parties. Reviews of the Family and Children’s Trust will be co-ordinated with annual reviews of the Children and Young People’s Plan which will form the basis of external performance assessment of children’s services in 2007-2009.

4.2 The Executive Director Family and Children’s Trust and the lead Member for

Children are responsible under this agreement to the Royal Borough of Kensington and Chelsea and Kensington and Chelsea PCT for taking forward the three phases of implementation. They will appoint a Project Director Family and Children’s Trust Implementation for the three year period 2007-2010 to complete the range of tasks necessary for the successful implementation and running of the Family and Children’s Trust. The Project Director will be employed by the Council and report to the Executive Director Family and Children’s Trust. The role, responsibilities and function of this Project Director are set out in Schedule 3.

4.3 Through this agreement the partners have approved the use of mediation

should a conflict arise between the partners that cannot be resolved and could lead to either or both partners exiting the partnering agreement. This mediation is not a legally binding process but seeks to facilitate an agreement rather than impose a solution. It can come into effect when one or both of the partners gives one month’s written notice that it considers any one or more of the following conditions apply and which shall not, in the

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reasonable opinion of the partner serving the notice, be capable of being remedied within three months thereafter:

(a) A change in legislation or policy which prohibits or results in the Council or PCT being unable to fulfil some or all of its responsibilities under this agreement.

(b) The undertaking of any commitment or decision within the Family and Children’s Trust which would contravene the guidance or legislation issued by Central Government.

(c) The Council or PCT commits a material breach of any of its responsibilities under this Agreement.

(d) An act or omission by one or both of the partners considered by the DH or DfES, or in the opinion of either the Council or PCT’s legal advisors, to be ultra vires.

4.4 In this instance the mediators will be called on to assess the issue and make

recommendations to each partner as to how to proceed. These recommendations are not binding and either party can decide after the completion of the mediation to exercise their right to exit the partnership under any of the clauses set out in 4.5 below. The mediating team will consist of:

• Deputy Director Government Office London (Chair) • An Executive Director Family and Children’s Trust chosen by the Lead

Member for Children’s Services in the Royal Borough Kensington and Chelsea,

• A PCT Chief Executive chosen by the Chair of Kensington and Chelsea PCT Board.

In the event that it is not possible to appoint one of the specified mediators, or they are not able to act at the necessary time, an alternative person can be appointed by the Council and the PCT by mutual agreement.

4.5 This agreement will cease only if one or both of the partners gives three

months’ written notice that it considers any one or more of the conditions set out in 4.3 (a), (b), (c) and (d) above apply and which shall not, in the reasonable opinion of the partner serving the notice, be capable of being remedied within three months thereafter and where the mediation process has been completed

5. FAMILY AND CHILDREN’S TRUST GOVERNANCE

5.1 The Family and Children’s Trust Governance model applied here is one of single accountability through the Executive Director Family and Children’s Trust and dual governance by the Council Cabinet and PCT Board. The local authority and the PCT are putting in place shared arrangements for the commissioning and provision of services to children and young people through the Executive Director of Family and Children’s services by means of enabling measures under the LAA. As the Family and Children’s Trust created by this agreement is not a traditional organisation, nor is it a single organisation with simple lines of accountability, the strategic and operational

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management model adopted by the partners is intended to reflect this key principle of single accountability and dual governance.

5.2 In the first instance each partner retains responsibility for its statutory

functions carried out within the Family and Children’s Trust, discharging that duty where permitted by the LAA enabling measures through the Executive Director of Family and Children’s Trust. This new system of governance supplements the existing single organisation arrangements. For the avoidance of doubt each Partner’s own governance and accountability arrangements remain unchanged in terms of their continuing statutory responsibility for the functions they have delegated as a part of this agreement. This includes the continued employment and terms and conditions of the staff within their current establishment.

5.3 There will, therefore, be no change to the employment status of PCT staff.

Staff will be seconded to the Family and Children’s Trust on their existing contracts of employment; and all terms and conditions, salaries and pension arrangements will be maintained unless changed by the PCT.

5.4 PCT staff will be managed in accordance with their terms and conditions.

Absence for example, including sickness absence, will follow PCT procedures, and disciplinary and grievance cases will be dealt with in line with PCT practice. A close working relationship will be maintained between the PCT’s personnel team and the Family and Children’s Business Group to ensure that this practice is followed and that appropriate PCT guidance and advice is sought as and when required.

5.5 However the above does not preclude agreements and decisions at a later

date being put in place as part of this agreement to achieve further integration, merging or modernising of services, staffing or functions of either partners within an enhanced shared accountability and governance framework should that be demonstrated to deliver better outcomes for children, young people and families. This may for example lead to non contractual changes to working arrangements including times and hours of work and to the development of single personnel practices for example for managing absence and for responding to grievances, so that teams which work together enjoy the same working arrangements. Any changes would be managed through consultation with all staff affected following PCT consultation practices where PCT staff are affected.

5.6 The Executive Director Family and Children’s Trust is responsible under law

for the functioning of the local ‘Children’s Service Authority’ ensuring a clear line of accountability for local authority’s children’s services.1 The legislation sets out the requirements for the Director to be a member of the local authority corporate team, accountable through the Lead Member to the Council Cabinet for the contribution made by the services for which she is responsible to improving outcomes for children and young people. With the enabling measures possible through the LAA this line of executive authority

1 Children Act 2004 sections 18(1) and 19 (1)

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and accountability extends from the executive Director to the PCT Board in respect of the local NHS community healthcare services where she will act for and on behalf of the PCT.

5.7 Within the Kensington and Chelsea Family and Children’s Trust the

Executive Director of Family and Children’s Trust is a full part of the PCT Corporate Team, accountable through the Chief Executive to the PCT Board for the exercise of her delegated responsibility for the quality, effectiveness and efficiency of the children’s community healthcare services forming part of the Family and Children’s Trust. In practice the functions of this role will be performed by the Project Director Family and Children’s Trust Implementation on behalf of the Executive Director. In this role the Project Director Family and Children’s Trust Implementation will put reporting systems in place to deliver specific reports covering each of the detailed objectives within the Children and Young Persons’ Plan and the Children’s Services elements of the Local Delivery Plan (LDP) and LAA, reporting progress against detailed objectives in quarterly meetings with Executive Director Family and Children’s Trust, Lead Member for Children’s Services, Chief Executive of the PCT and the Chair of the PCT and in regular reports to the Council and PCT Corporate Teams.

5.8 Selected performance indicators relevant to the functions within the Family

and Children’s Trust will be taken from the Department of Health Performance Assessment Framework for Primary Care Trusts and Joint Area Reviews. These will be used as Priority Performance Indicators to evidence progress in meeting the outcomes set for the Family and Children’s Trust services in a simple data set, which is indicative of the Family and Children’s Trust performance for regular reports to the Council Cabinet and the PCT Board.

5.9 As part of the wider Family and Children’s Trust arrangements, the Family

and Children’s Strategic Partnership (FCSP), as the party responsible for the Children and Family’s block of the LAA (on behalf of the wider Kensington and Chelsea Partnership), will assess the contribution of the Family and Children’s Trust to improving outcomes. The FCSP will also be responsible for ensuring that the Trust is both maximising and staying within the LAA enabling measures. Similarly the Local Safeguarding Children Board (LSCB) will hold the Family and Children’s Trust to account on its performance in relation to delivering the Every Child Matters agenda. The Clinical Executive Committee (CEC) of the PCT will likewise hold the Family and Children’s Trust to account on the clinical aspects and performance of the community healthcare service delivered for children and young people. The FCSP, the LSCB, Overview and Scrutiny Committee (OSC) and CEC do not have any role in executive decision making within the Family and Children’s Trust itself in terms of its activities or financial decisions beyond that which they have with other parties in the wider Children’s Trust arrangements – namely shaping the shared priorities within their area of expertise for all agencies working with children, young people and their families in the borough.

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5.10 So as to ensure that the Family and Children’s Trust arrangements satisfy public accountability, the Family and Children’s Trust and its staff will have appropriate business plans in place for their activities and regularly provide within these evidence of:

• The decision-making processes that may have been undertaken within

their planning processes • Details of the improved performance gains as a result of the Family

and Children’s Trust arrangements • Details of the operational objectives and priorities • Progress in implementing the Children and Young People’s Plan

priorities • Details of the proper and efficient use of public money and any monies

expended by either party pursuant to the terms of the Family and Children’s Trust arrangements

• Details of the quality of services provided or procured by either party

This information will be made available to members of the public and their representatives in particular though the Overview and Scrutiny Committee, PCT Board Public Meetings and the Kensington and Chelsea Family and Children’s Partnership.

5.11 Priorities and targets will be cascaded to all staff including PCT staff through appraisal. In the first instance the PCT’s appraisal process will be followed for all PCT staff but a common process will be agreed early in 2007 for implementation late 2007/8 to ensure a common approach to performance review and target setting and so that priorities and targets are cascaded simultaneously to all staff in line with the Trust’s business planning process.

6. RESOURCE MANAGEMENT ARRANGEMENTS

6.1 Resources will not be pooled within the Family and Children’s Trust. They will be managed and controlled separately within the Family and Children’s Trust by the Executive Director Family and Children’s Trust in accordance with the separate governance arrangements of the Council and PCT. However certain pooled budgets and resources may be put in place over the course of the Family and Children’s Trust life should it be shown to enhance services for children, young people and families. This will be done by using the enabling measures granted in the Local Area Agreement through specific additional schedules to this agreement under the direction and management of the Project Director Family and Children’s Trust Implementation. These pooled budget schedules will set out the specifics of single agency contributions, activity levels, service outcomes, management, allocation and reporting processes, traffic light risk management system alerting impending under/overspends, process for reviewing allocations, conflict resolution and exit.

6.2 The Partners will develop combined 3 year financial plans for the work of the

Family and Children’s Trust within the context of the medium term financial plans of the Council and PCT. The Project Director Family and Children’s

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Trust Implementation will be the accountable budget manager for community healthcare services – both commissioned and directly provided. The Head of Resources for the Family and Children’s Trust, the PCT Director of Finance and the Project Director Implementation will meet monthly to review progress against the joint financial plans and to develop a trigger system based on traffic lights to highlight activity in community healthcare commissioned and directly provided budget lines, joint and pooled budget activity.

6.3 As a general rule financial overspends and underspends will be the

responsibility of the Partner Agency incurring them. Those relating to community healthcare provision will be managed by the Project Director Family and Children’s Trust Implementation in accordance with the PCT’s financial procedure rules or standing financial instructions. As the Family and Children’s Trust is not a separate legal entity it will be bound by the financial requirements of the Council and PCT and in this way will be required to carry out those financial instructions required externally or internally by either or both organisations e.g. Gershon efficiencies and NHS Financial Re-balancing initiatives. However within this the Family and Children’s Trust will have the freedom in its 3 year budget allocation to create resource (human, financial) efficiencies through service review and redesign of Family and Children’s Trust activities that can be recycled into alternative Family and Children’s Trust activities. In the first phases of the Family and Children’s Trust development these efficiencies will need to be credited to and recycled within the budgets of the originating agency. This maintains clear audit arrangements and protects both Partners from cost shunting or resource shifting between agencies, whether deliberate or accidental. At a later stage should greater financial integration be sought for the Family and Children’s Trust this clause can be reviewed and amended with appropriate management processes put in place as part of this agreement.

6.4 While all staff will retain their current contracts of employment under the new

arrangements they will come under the management of the Family and Children’s Trust through the Project Director Family and Children’s Trust Implementation. In this role the Project Director will develop a Family and Children’s Trust Workforce Plan which will outline Human Resource strategies and activities to support the delivery of innovative, integrated services which reflect the needs of local families and their children, including those with complex needs, whilst being efficient in their delivery.

6.5 To this end the plan will identify and implement best practice solutions to

recruitment and retention difficulties where they exist, eliminating vacancies and establishing the borough as first choice for outstanding candidates who wish to establish their careers in Kensington and Chelsea.

6.6 The plan will also seek to identify and provide career progression pathways

for staff where appropriate so that people can develop their careers laterally as well as hierarchically within children’s services. Leaders and managers will be supported through personal development planning which will develop

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their skills taking advantage of access to shared learning opportunities provided directly or through joint commissioning.

6.7 At the same time The Project Director will work closely with and be

supported by the PCT Human Resources team to establish and carry forward a programme of harmonisation of terms and conditions of employment and employment practice so that as far as possible those who deliver services to children will benefit from similar pay, and terms and conditions of employment, with access to shared professional, managerial and job related skills development. Harmonisation plans will encompass the following:

• Salaries and additional payments if appropriate (market

supplements/bonuses) • Contracts of employment, terms and conditions • job descriptions • procedures for responding to formal grievance, discipline and absence

management • performance review (appraisal) • clinical supervision

6.8 It is proposed that these changes will not alter employment status, that is PCT staff will still be employed by the PCT and local authority staff will continue to be employed by the council but as far as possible their terms and conditions of employment will be harmonised, that is brought together so that they are the same in both organisations. In carrying out this harmonisation consultation will take place with all staff affected and Trade Union representatives following the practices of each of the organisations.

6.9 Charging for Services which are or could be subject to charging by the

Council will be included in the particular or specified financial arrangements for the Family and Children’s Trust, but the collection and monitoring of such charges is the sole responsibility of the Council. All NHS services within the Family and Children’s Trust remain at all times free at the point of delivery.

6.10 Capital Assets remain in the ownership of, and the responsibility of, the

originating Partner and will be treated as such unless otherwise agreed as a specific schedule to this agreement, or via a separate legal agreement. Should the management of any assets (whether funded by revenue or capital) be transferred to the Family and Children’s Trust the relevant funding and costs must be provided with the asset. As the Family and Children’s Trust is not a separate legal entity it cannot own or acquire capital assets in its own right. Where such capital assets are acquired it will be through an agreement with either or both of the originating Partners, with whom the asset will rest. Subject to the above, capital assets can be used flexibly by the Family and Children’s Trust.

6.11 The Council and PCT currently share the same external auditors (appointed

by the Audit Commission), which assists in consistency and mutual understanding. However each organisations’ financial and service delivery

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arrangements remain subject to separate external and internal audit processes as provided by statute and the financial procedure rules and standing financial instructions of each Partner. There are some areas where the accountability for the Partnering Arrangement is supplemented and superseded by respective Partners’ own audit requirements. For the PCT, financial accountability is to the Chief Executive with the requirement to produce an annual Statement of Internal Control and Annual Report of Accounts. For the Council, the role and responsibilities of the Section 151 officer under the Local Government Act 1972 will be paramount in determining financial accountability and the roles fulfilled by officers. The Project Director Family and Children’s Trust Implementation will be responsible for co-ordinating the audit arrangements for both Partner’s Trust activities and for setting out within that the details of the VAT regime and insurance protocols.

6.12 The Council and PCT will be jointly liable for, and contribute to and/or

indemnify the other in equal proportions for any liabilities incurred as a result of the activities of the Family and Children’s Trust, except where the liability arises as a result of either the PCT or Council’s

• breach of this Partnering Agreement • breach of any contract • negligence, fraud or misconduct by any of their respective employees.

7. COMMISSIONING ARRANGEMENTS

7.1 The Family and Children’s Trust has a commissioning and modernisation role. To effectively deliver this a Directorate of Strategy, Commissioning and Performance Reporting has been established by the Council as part of the new Trust arrangements. Its responsibilities encompass all current commissioning activity undertaken by the Council for their Children’s Services. The new Directorate will also have delegated responsibility to act for and on behalf of the PCT through the Executive Director Family and Children’s Trust for commissioned Children’s community healthcare services. To this end the PCT Commissioning Manager will be seconded to this new Directorate under the management of the Director for Strategy, Commissioning and Performance Reporting who is a Council employee. The PCT Commissioning Manager like all PCT staff will remain in the PCT’s employment. She will also retain an office base with the PCT Adult Healthcare Services Commissioning Managers to ensure continuity in PCT commissioning across community and acute healthcare services of children and adults’ services groups. She will also have a close working relationship with the Project Director Family and Children’s Trust Implementation who will be operationally responsible for the letting, management and reviewing of the commissioned community healthcare services contracts, supported in this task by the Directorate for Strategy, Commissioning and Performance Reporting.

7.2 All contracts for Council and PCT commissioned services will, unless they

form a specific part of a joint funding arrangement or joint commissioning

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arrangement, remain the responsibility of the originating agency, but will be managed by the Executive Director Family and Children’s Trust through the appropriate part of the Family and Children’s Trust – for community healthcare contracts this will be the Project Director Family and Children’s Trust Implementation. Any new joint contracts will be signed by both the Council and the PCT. The commissioning plan for PCT community healthcare services will be approved by the PCT Board and by the Cabinet for Council services.

7.3 A single Family and Children’s Trust Contracts Unit working closely with

PCT contract staff will ensure consistency in contract letting, specification, monitoring, financial management and decommissioning processes with appropriate adjustments to incorporate requirements and practices from outside the Trust such as Northwest sector NHS and cross-borough commissioning and contracting.

7.4 The Family and Children’s Trust, through its Directorate for Strategy,

Commissioning and Performance Reporting, will offer support to the wider multi-agency community to commission and contract Children’s Services through the Family and Children’s Strategic Partnership as part of the wider set of Family and Children’s Trust arrangements.

8. ACCESS, INFORMATION MANAGEMENT AND COMPLAINTS

8.1 Managing demand is a complex area of service provision and resource management. As the services available for access from the Family and Children’s Trust cover both Council and NHS services a principle form of eligibility will apply to this Agreement, supplemented by specific statutory and good practice guidance as appropriate. Development of the eligibility criteria will be led by the Project Director Family and Children’s Trust Implementation to be approved by both Partners and will include proposals to cover :

• A person resident in Kensington and Chelsea and registered with a Kensington and Chelsea PCT General Practitioner

• A person resident in Kensington and Chelsea but not registered with a Kensington and Chelsea PCT General Practitioner

• A person registered with a Kensington and Chelsea PCT General Practitioner but not resident in Kensington and Chelsea.

• Services for homeless people, people not registered with a GP, or in need of emergency care.

8.2 The Project Director Family and Children’s Trust Implementation will lead on

the development of joint information systems, processes and their associated governance, building on current good practice in information management and systems. Central to this work is the Children’s Index, NHS FIT IT Programme and the new local authority information system. The aims of an integrated information system are to :

• Provide a sound and practicable platform for integrated teams and working practices in the Family and Children’s Trust.

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• Improve the quality of service to, and experience of, service users and patients receiving care in Kensington and Chelsea, ensuring their rights to accurate recording, privacy and confidentiality.

• Provide staff working in the Family and Children’s Trust with the practice guidance they need to support an integrated care delivery service.

• Provide those involved in the planning, commissioning, management and delivery of Family and Children’s Trust Services with the quality of information they require.

• Improve access to information about Children’s Services for service users, patients and the public.

8.3 Complaints and Representations across the Education, Schools, Social Care

and NHS services integrated within the Family and Children’s Trust arrangement are subject to separate legislative and policy requirements. In order to improve access for service users to these separate processes the Family and Children’s trust will take responsibility for co-ordinating responses to complaints across all of the complaints processes through the Directorate for Strategy, Commissioning and Performance Reporting to offer a streamlined service for children, young people and their families. The Directorate will also co-ordinate the required annual reporting to the Council and PCT on behalf of the Family and Children’s Trust.

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SCHEDULE 1

KENSINGTON AND CHELSEA FAMILY AND CHILDREN’S TRUST PCT COMMUNITY HEALTHCARE SERVICES

INCLUSIONS, EXCLUSIONS, FUTURE CONSIDERATIONS INCLUSIONS Directly Provided Services

Staff teams/numbers Comments Budget approx £Children’s Community Nursing team 8 Staff

also covers Hammersmith and Fulham

312,700

School Nursing team 13 staff excl admin

416,697

Health Visiting team South 18 staff excl admin

748,452

Health Visitors North 17 staff excl admin

747,547

Sure Start 7staff

£209,658 funded by RBKC

Management,support and clerical 9 staff

178,954

Speech and Language Therapy (SALT) Service covers 3 PCTs total budget £1,223m 367,000

TOTAL BUDGET PAY TOTAL STAFF 72 PLUS SALT

2,404,350

Commissioned Services

Service Comments Cost £ Paediatric OT South Commissioned for Hammersmith and Fulham 45,000 Child Development Service South, includes Physio for Children with

disabilities Service and the Community 500,000

Child Development Services, includes Community OT and Physio

North, lead commissioner Westminster PCT 400,000

Child Health Services North,lead Commissioner Westminster PCT 390,000 Speech and Language Therapy Covers 3 PCTs,30% funded as part of PCT

Directly Provided services 856,000

CAMHS Part of wider Adults Mental Health service from specialist Mental Health trust. Does not

include ECRs 1,200,000

CAMHS Tier 4 provision Commissioned via consortia arrangements across North West London Sector 250,000

Palliative Care Service Jointly commissioned with Hammersmith and Fulham PCT and Westminster PCT from 3 year Big Lottery Funding 400K–due to end

2007

120,000

Community Bereavement Service 3 year project 100K 33,000 TOTAL 3,794,000

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EXCLUSIONS

• General Practitioner Services • Community Pharmacy • Prescribing Budgets • Acute and hospital based healthcare services for children and young people.

FUTURE CONSIDERATIONS FOR INCLUSION IN FAMILY AND CHILDREN TRUST

• Community Paediatric services as part of Child Development Centres • Midwifery services as part of Early Years provision. • Child and Adolescent Mental Health ECRs and Children’s Continuing

Healthcare spend as part of pooled budget with Council funds for Children with Special Needs.

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SCHEDULE 2

SUMMARY IMPLEMENTATION PLAN

PHASE 1 IMPLEMENTATION APRIL 2007 TO MARCH 2008 Key Areas Targets To put in place effective Family and Children’s Trust leadership to begin the implementation of the Kensington & Chelsea Family and Children’s Trust.

1. Confirm RBKC Children’s Services Director as Executive Director Family and Children’s Trust

2. Establish Family and Children’s Trust Directorate Strategy, Commissioning and Performance Reporting and Appoint Director

3. Appoint Project Director Family and Children’s Trust Implementation as part of Family and Children’s trust leadership team

To implement the new governance and accountability structure agreed for the Family and Children’s Trust.

1. Agree and achieve approval and sign off for final legal framework of Family and Children’s Trust

2. Executive Director Family and Children’s Trust with delegated responsibility for PCT community healthcare services.

3. Project Director Implementation formally representing executive Director as part of PCT corporate team.

4. Project Director Implementation part of PCT Clinical Executive Committee

5. Family and Children’s strategic Partnership re-constituted as executive decision making forum for inter-agency children’s services working and full range of consultation for an established and working.

6. Put in place agreed reporting mechanisms to executive managers; Council and PCT Board and relevant updates to Local safeguarding Boards, Clinical Executive Committee and Overview and Scrutiny Committee.

To put in place mechanisms to develop integrated strategic planning and service commissioning for the Family and Children’s Trust

1. Establish from existing resources Commissioning Officer and Performance Officer posts as part of the new Strategy, Commissioning and Performance Reporting Directorate specifically linked to each operational Directorate within the Trust (i.e Schools; Family Services;

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Community Learning) 2. Second the PCT Children’s Services

Commissioning manager to the Strategy, Commissioning and Performance Reporting Directorate.

3. Establish within this Directorate a single Contacts Unit for the Trust, working closely with PCT contracts support and the wider NHS commissioning environment.

To begin to develop an integrated Family and Children’s Trust workforce.

1. Comprehensive staff consultation programme in place for all Trust staff

2. Bring PCT community healthcare staff into Family and Children’s Trust arrangements on existing terms and conditions with established line management arrangements and separate clinical supervision arrangements

3. Common appraisal system in place. 4. Family and Children’s priorities and

targets cascaded through appraisal system and team plans.

Streamlining of local authority financial and capital asset management across all services within the Trust, co-ordinating with the NHS financial and capital asset management systems and processes relevant to community healthcare services for children.

1. Regular joint LA and PCT finance meetings chaired by Project Director Implementation

2. Complete financial and capital resource audit

3. Streamlining of financial reporting systems

4. Agreement on audit regime Build on current best practice in systems and processes to deliver seamless services across the Family and Children’s Trust to children, young people and their families.

1. New business planning system agreed across the Trust

2. Performance monitoring systems set up, integrating the previously stand alone systems for schools, family services, community learning and PCT community healthcare services.

3. Planning for updates and developments of Family and Children’s Trust Information systems to include all elements of the Trust including community healthcare services.

4. Single point of co-ordination for the full range of statutory complaints procedures relevant to the Trust services.

5. Eligibility criteria agreed across the Trust for service access.

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PHASE 2 ESTABLISHMENT APRIL 2008 TO MARCH 2009 (INDICATIVE) Key Areas Targets Family and Children’s Trust leadership team actively driving forward new arrangements and improving efficiency and effectiveness of services

1. Family and Children’s Trust leadership team in place and fully functional with new range of responsibilities

2. Effectiveness publicly demonstrated through improved outcome being achieved for local children and young people and reported in the Children and Young People’s Plan.

Governance systems ad processes clear and effective in their role with the Trust and its activities

1. Complete survey of the individual involved in the governance systems of the trust to ascertain their views on the effectiveness of the governance systems and make any necessary alterations.

2. Consultation mechanisms and stakeholder groups are having demonstrable impact and influence on the activity of the Trust.

Strategy, Commissioning and Performance Reporting Directorate fully functioning and actively supporting the development of modernised services within each of the operational Directorates and throughout all commissioned services

1. Strategic plan in place bringing together key aims, objectives, performance targets of the Children and Young People’s Plan, LDP, Public Health Strategy, Community Plan and LAA

2. Detailed Commissioning Plan in place setting out what the Trust will provide and purchase over the next 1-5 years and the methods of procurement to be used.

3. Business Plans in place, based on Strategic and Commissioning Plans, within each Directorate, service and team within the Trust linked to individual staff appraisals.

4. Ongoing programme of services audit and review to inform strategic planning and commissioning decisions

Human Resource Strategies in place to actively support delivery of innovative, integrated services with best practice in recruitment and retention and career progression to make Kensington and Chelsea first choice as employer for workers in this field.

1. Completed Family and Children’s Trust workforce plan outlining how the Trust will address priorities of recruitment and retention, career progression/pathways and skills development including leadership and management

2. Harmonised terms and conditions within existing employment as far as possible

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Financial and Capital resources realigned to maximise integration and seamless services

1. Three year financial plans in place 2. Pooled budgets in place for specific

areas of service e.g children with complex needs, Looked after children, Youth justice etc .

3. Increased integration of resources New integrated systems and processes in place and actively supporting seamless service delivery

1. Single business planning system in place across the Trust

2. Integrated performance monitoring and reporting systems established and routinely used.

3. Information systems integrated across the Trust and effective to support individual casework and strategic review and planning.

4. Seamless complaints system in place.

5. Eligibility criteria agreed and in use across the Trust for service access

PHASE 3 CONSOLIDATION AND REVIEW APRIL 2009 TO MARCH 2010

(INDICATIVE) Key Areas Targets Activities of the Family and Children’s Trust mainstreamed into the roles and responsibilities of the permanent members of the leadership team

Phased withdrawal of Project Director Family and Children’s Trust Implementation and transfer of remaining duties to appropriate member of the leadership team

Review of the functioning and effectiveness of the Family and Children’s Trust to assist in the decision making as to the Trust future

Formal review of effectiveness of Family and Children’s Trust completed

Flexible and modern services in place delivering streamlined and effective support to children, young people and their families.

Strategic and Commissioning Plans clearly and demonstrably driving the work of the Trust

Further integration, merging and modernisation of services

Non-contractual changes to working conditions in place supporting modernisation of services supported by single personnel practices across Trust.

Further integration of financial and capital resource planning and management

Single finance and capital asset management system in place across the Trust

Further integration of systems and processes

Single business planning, performance monitoring, statutory complaints, and information systems and procedures and eligibility criteria in place across the Trust.

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SCHEDULE 3

PROJECT DIRECTOR FAMILY AND CHILDREN’S TRUST IMPLEMENTATION

ROLE, RESPONSIBILITIES AND TASKS

Role To lead on the implementation of the Kensington and Chelsea Family and Children’s Trust on behalf of the Executive Director Family and Children’s Trust and the Lead Member for Children, with special responsibility for operationalising the Family and Children’s Trust Partnering Agreement between Royal Borough of Kensington and Chelsea and Kensington and Chelsea PCT. Employed by the Royal Borough of Kensington and Chelsea and reporting to the Executive Director Family and Children’s Trust the post will be temporary for three years form 1st April 2007 to the 31st March 2010. Responsibilities

1. Responsible on behalf of the Executive Director Family and Children’s Trust

and Lead Member for the implementation and reporting on the Local Area Agreement or any other such agreement underpinning the Family and Children’s Trust.

2. Responsible for taking forward the Implementation Plan for the Family and Children’s Trust on behalf of the Executive Director Family and Children’s Trust.

3. Member of the Family and Children’s Trust Leadership Team. 4. Member of Kensington and Chelsea PCT Corporate team on behalf of the

Executive Director Family and Children’s Trust, attending their regular meetings, seminars etc.

5. Responsible to the PCT Board on behalf of the Executive Director Family and Children’s Trust for the financial, human resource, and performance management of the Family and Children’s Trust directly provided community healthcare services.

6. Responsible to the PCT Board on behalf of the Executive Director Family and Children’s Trust for the financial and performance management of the Family and Children’s Trust contracted community healthcare services for children and young people including contract negotiation, letting, review, renewal/decommissioning.

7. To deliver the Family and Children’s Trust Workforce Plan 8. To set up and manage any pooled budget arrangements put in place as part

of the Family and Children’s Trust Partnering Agreement between the Council and PCT.

9. To be the healthcare service’s lead in the development of a Family and Children’s Trust integrated Information System.

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Tasks

1. Complete an annual business plan for the Family and Children’s Trust

including incorporating a performance reporting system for the detailed objectives of the healthcare related activities in the Children and Young Persons Plan, the Local Development Plan and the LAA.

2. As part of the performance reporting processes develop a set of Family and

Children’s Trust priority performance indicators for regular briefing of the PCT Board, Council Cabinet, Overview and Scrutiny Committee, Family and Children’s Strategic Partnership (latter with responsibility for the Children and Family’s component of the LAA).

3. Report on the performance of the healthcare component of the Family and

Children’s trust to a quarterly executive meeting with Executive Director Family and Children’s Trust, Lead Member for Children’s Services, Chief Executive and Chair of the Kensington and Chelsea PCT.

4. Lead on developing common processes around staff consultation; a

delegation of Health and Safety responsibilities and protocols where joint teams operate; protocol on Insurance and Liability to manage insurance claims involving the Family and Children’s Trust.

5. Establishing the audit arrangements for the family and Children’s Trust

activities and setting out within that the details of the VAT regime and insurance protocols

6. Establish pooled budgets where agreed and appropriate with specific

schedules setting out the specifics of single agency contributions, activity levels, service outcomes, management, allocation and reporting processes, traffic light risk management system alerting impending under/overspends, process for reviewing allocations, conflict resolution, exit.

7. Put in place an agreed charging policy taking into account the differing

financial regimes within the different activities of the Family and Children’s Trust.

8. Agree a joint eligibility criteria across the Family and Children’s Trust taking

into account the varying requirements, resources and levels of demands in the full range of services provided by the Trust.

9. Lead on the community healthcare component of Family and Children’s Trust

in relation to completing a capital asset survey across the Trust.

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SCHEDULE 4

GLOSSARY OF ACRONYMS USED

CAMHs Child and adolescent mental health services

CEC Clinical Executive Committee

DfES Department for Education and Skills

DH Department of Health

ECRs Extra Contractual Referrals

FCSP Family and Children’s Strategic Partnership

GP General Practitioner

ICT Information and communications technology

LAA Local Area Agreement

LDP Local Delivery Plan

LSCB Local Safeguarding Children Board

NHS National Health Services

OSC Overview and Scrutiny Committee

PCT Primary Care Trust

RBKC Royal Borough of Kensington and Chelsea

SHA Strategic Health Authority

VAT Value Added Tax

YOT Youth Offending Team

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FINAL DRAFT STRATEGIC PARTNERING AGREEMENT · STRATEGIC PARTNERING AGREEMENT – FINAL DRAFT...

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