Is Surrey County Council putting people first re. externalisation of SABP's work services?

I couldnt find anything directly related to the externalisation of work services in Surrey County Coucil's reports, agendas or minutes available online here
but the sites dedicated search engine returned the following when I typed in Surrey & Borders Partnership trust ' and I am wondering if SCC still has a Councillor on the SABP Board and if so who it is. SABP definitely seems to be out of step on a number of issues set out in this agreement and if it still applies there are a number of grounds for complaining about the way the externalisation of the Old Moat Garden Centre and Therapeutic Payments issue has been handled to Surrey County Council , including irregularities in the bidding process.

The Council also has a Best Value policy that it should perhaps look at again before signing off the dodgy deals around the Old Moat Garden Centre and MCCH and the other SABP services being handed over to the Richmond Fellowship.

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Memorandum of Understanding

This Memorandum is made the 1st day of September 2005 between:-(1) Surrey and Borders Partnership NHS Trust of Ramsey House, West Park,Horton Lane, Epsom, Surrey KT19 8PB and (2) Surrey County Council of County Hall Penrhyn Road, Kingston upon Thames, Surrey KT1 2DN and(3) Hampshire County Council of The Castle, Winchester, Hampshire SO23 8UQ

Introduction

The purpose of this Memorandum of Understanding is to describe the way in which services will be planned and provided by effectively sharing and allocating responsibilities between the Trust and the Councils for the benefit of people who use services, carers and staff. This document sets out an agreed framework, notwithstanding that the parties may wish in the future to consider alternative arrangements for partnership working.

For the purposes of delivering the services Surrey County Council will represent and be accountable to Hampshire County Council as Hampshire’s agent as set out in Appendix 1 to this Memorandum of Understanding.

Definitions and Interpretation

The following words and phrases shall have the following meanings:-Councils means Surrey County Council and Hampshire County Councils Trust means Surrey and Borders Partnership NHS Trust Authorities means to the Councils and/or the Trust. Officer means any employee of either party who has authority to undertake a specified action, including authority to manage staff.

1. Trust purpose

The purpose of the partnership is to jointly plan, co-ordinate and deliver the services that each of the parties are required to deliver pursuant to their respective statutory functions.

The Trust’s overall vision, supported by the Partnership is “Capturing hope and
building on dreams”.


2. Principles

Surrey and Borders Partnership Trust is committed to being an organisation which
• Treats people well ( which it has just admitted it did not do)
• Involves not ignores
• Creates respectful places

And is
• Open, inclusive and accountable

The following principles of partnership working have been agreed between the
parties:

The parties will respect and reflect the statutory rights and duties of each
party.

The parties will ensure that there is clear accountability for all decisions and actions.

The parties will ensure that management arrangements will be such that they will engage partner directors, managers and elected members in corporate considerations of policy and strategy.

The parties will ensure that the ambitions and aspirations of the parties will be incorporated within the Trust strategy.

The partnership arrangements will reflect and support national initiatives and
governing bodies including the National Service Framework, Healthcare Commission and Council for Social Care Inspection (CSCI).

The partnership arrangements will place responsibility for service provision where this can be demonstrated as being most effective, subject to any statutory obligations.

The parties will ensure that there will be a single (non-duplicated) process of assessment, treatment and care.

The partnership arrangements shall make provision for variety in the delivery of treatment and care.

The partners shall recognise the proper employee relationships and contractual obligations of each party.

All managers will receive induction or training in the roles and key relevant policies of the partners.

The partnership agreement will support integrated governance and supervision.

The resourcing of services shall be explicitly agreed. There will be no arrangements for pooling of budgets within this arrangement.

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The partnership arrangements will be sufficiently robust that will easily provide
for amendment, including the addition of new services and partners, including those in the voluntary sector.

3. Duration
This agreement is initially intended to serve from 1 April 2005 to March 31st 2008 unless replaced by an alternative agreement within this period, and will be subject to an annual review.

4. Overall structure

The Trust structure will take account of partnership needs at the highest level. The new Chair and Chief Executive will co-opt a Surrey County Councillor onto the Trust Board in consultation with Surrey County Council in accordance with the arrangements set out in Appendix 2 to this Memorandum of Understanding. The Chair will meet with the co-opted County Councillor on an annual basis to monitor and review this role.

The Executive Team will include a Director of Social Care and Carer Involvement.
This critical post will include accountability for the Trust’s social care strategy and for ensuring that the Council’s needs, both practical and legal, are built into Trust working arrangements. The post-holder will also provide professional leadership and accountability for social care staff working within mental health and learning disability services.

The Director of Social Care and Carer Involvement will be employed by, and thus
accountable to Surrey County Council through the Area Director with the Strategic
lead for Mental Health. He or she will play a full part in the work of the Trust and will be responsible for this, reporting on a regular basis to the Chief Executive.

5. Staff management and development

For the duration of this partnership arrangement the Trust and the Councils will
remain as employers of staff within joint working arrangements. Employees will
continue to be employed by the body that employed them at the start of this
arrangement. The Trust and the Councils will continue to assume all employer
obligations under individual contracts of employment and HR policies approved by
the Trust or the relevant Councils as the case may be, in accordance with the
employment status of the individuals concerned, in consultation or negotiation with
the relevant recognised trade unions, where appropriate.

It is important therefore that there is a clear mutual understanding with regard to the status, number and arrangement of posts within joint working and whether these
posts are:

• Council posts meaning posts that are subject only to employment by Surrey or
Hampshire County Council
• Health posts meaning posts that are subject only to employment by the Trust
• Joint posts meaning posts that are subject to employment by either Surrey or
Hampshire County Council, or the Trust

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Examples of Trust Director-level posts are currently in place for the following
• Director of Social Care and Carer Involvement (Council post)
• Director of Merger and Integration (Trust Post)
• Director of Operations (Joint post as above)

Where employment is by the Surrey or Hampshire, staff will be employed on
standard county council pay, grading, and terms and conditions of employment
unless the Councils, in consultation or agreement with the relevant trade unions,
determines otherwise. In the case of Approved Social Workers (ASW’s) this will
include statutory duties under Section 114 MHA 1983 in accordance with Appendix
3 to this Memorandum of Understanding Where employment is by the Trust, staff will
be employed on appropriate Trust pay, grading, and terms and conditions of
employment unless the Trust in consultation with the relevant Trade unions
determines otherwise. In either case, existing arrangements for regular supervision,
Annual Appraisal and Personal Development Plans will continue. The pay and grading etc of joint posts will be individually determined in relation to the established procedures for both Councils and the Trust which will result in
employment by one employer or the other.

If either party wishes to make organisational changes that would result in potential
redundancies then before any such decision was taken to implement the changes it
would be discussed first with the other party. While both parties accept that the other may be constrained to implement organisational change that results in redundancies of staff, both parties agree that discussions would be held in advance of any such decisions to agree on how the funding of any costs associated with meeting the appropriate organisations redundancy policy could be met.

Management Employment Procedures

As a matter of principle, issues initiated by line management in relation to any
particular member of staff subject to joint working will be progressed under the
normal procedures relevant to that employer. For example, a matter relating to
sickness/attendance for a Surrey or Hampshire County Council employee would be
progressed under the relevant Council's Attendance Management Procedure.
Similarly, issues initiated by an employee will be progressed under the normal
procedures relevant to that employer. For example, a grievance raised by a Trust
employee would be progressed under the Trust's grievance procedure.
Managers responsible for handling such procedural matters in relation to staff under
their direction will receive support in relation to the use and operation of these
procedures from the relevant employer's HR function.

There may be circumstances where potential conflicts and/or difficulties arise with the strict application of these principles. If such circumstances arise which cannot be resolved they should be referred in the first instance to the appropriate Operational Director for the Trust, and the Director of Social Care and Carer Involvement. If the issue still cannot be resolved it will be referred jointly to the Area Director, Surrey County Council (Strategic Lead for Mental Health) (or the Assistant Director, Adults for Hampshire County Council) and the Chief Executive of the Trust.
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Operating Procedures with Employment Implications

County Councils and the Trust have established separate and individual
arrangements for joint consultation, health & safety management, etc. which will
remain in force for the duration of this initial agreement.

6. Complaints

All complaints will be dealt with at as local a level as possible with an integrated
approach. Initially the line manager will attempt to resolve any complaint informally. However, if a complaint about a service that is being delivered by a Council/Trust employee or funded/provided by either Council(s)/Trust cannot be resolved informally or at a local level, the procedure of the Council/Trust will be followed at the appropriate stage.

7. IT systems and performance management.

All staff will be responsible for appropriate input into Trust IT systems. County
Council staff must input into the relevant County Council IT system as required by
each Authority and line managers will ensure that performance management reports
are completed as required by each County Council as well as Trust reports.

8. Finance

Each party to this agreement shall maintain existing separate financial arrangements.
Accounting for services, including costing and budget management shall be
managed by the authority through which those services are funded and provided in
accordance with its normal standing financial instructions and accounting
procedures.

9. Equality and Diversity statement

All parties to this agreement are committed to valuing and promoting diversity in
employment, service delivery practices and its general environment. A particular
expectation of all leadership posts within the Trust is that each individual will take responsibility for promoting open, inclusive and accessible service provision, staff development and valuing and respecting different cultures.

10. Premises

Each party shall be accountable for the maintenance of its own premises to
acceptable standards. Where it appears that there may be surplus property the ‘owner’ shall consult with the other in respect of any intended change of use or planning application.

11. Making partnership work

All Parties shall consult with each other on the health and social care strategy; ideally this process will be cohesive and complementary. Every effort will be made to
achieve this since successful service delivery is based on an explicit needs based
strategy. The development of the consultation process will be facilitated by the
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Director of Social care and Carer Involvement, Area Director with Strategic
responsibility for Mental Health, Trust Directors and Chief Executive.
If there is any disagreement between the parties or their officers about any aspect of service planning or delivery, every effort will be made to achieve agreement as
locally as possible. In the event of failure to agree below authority level one report shall be written by each/all senior officers describing the facts and placed
simultaneously to the Chief Executive of the Trust and Area Director, Surrey County
Council (Strategic Lead for Mental Health) or the Assistant Director, Hampshire
County Council

The parties to this agreement recognise that this agreement will not address all the
issues that may arise as a result of a developing health and social care partnership.
The absence of detail and legislative context within the Memorandum of Understanding is not intended to prevent but to actively promote and encourage the
development of a mutually supportive and positive culture.