FULL COUNCIL

5TH APRIL 2011

REPORT FROM CHIEF EXECUTIVE

1 DISSOLUTION OF THE CARE TRUST: FUTURE ARRANGEMENTS FOR MANAGING ADULT SOCIAL CARE COMPLAINTS

1.1 Purpose of Report

1.1.1 To seek approval of Full Council for the Chief Executive to delegate the statutory complaints role associated with the adult social care complaints.

1.2 Background

1.2.1 Full Council at its meeting on 12th October approved the dissolution of the Partnership Agreement between the Council and the Care Trust under which the delivery of adult social care services was undertaken by the Care Trust.

1.2.2 As part of the arrangements with the Care Trust all complaints relating to Adult Social Care were handled by the Care Trust. When the responsibility for delivering Adult Social reverts to the Council, the responsibility for complaints will also return to the Council.

1.3 Matters for Consideration

1.3.1 The statutory complaints function relating to Adult Social Care is governed by regulations. The Regulations appoint the Chief Executive as the Responsible Person with responsibility for ensuring compliance with the arrangements prescribed in the Regulations.

1.3.2 The Council is permitted to authorise an individual other than the Chief Executive to act on behalf of the Responsible Person in the discharge of the functions imposed by the Regulations.

1.3.3 The Chief executive will remain as the Responsible Person and ultimately responsible for the arrangements for the handling and consideration of complaints relating to adult social care.

1.3.4 Any complaints received will follow the statutory complaints process. The nominated individual will handle and consider any complaints and will report the outcome to the Chief Executive.

1.4 Financial Implications

The are no identified Financial Implications

1.5 Risk Implications

1.5.1 It is proposed that the Corporate Risk Management Approach will be used to identify and mitigate risks during the transition to the new organisational arrangements for adult social care. This will take account of the existing red risks to ensure no slippage in progress.

1.5.2 The Corporate Risk Management Approach has been complied with to identify and assess the significant risks associated with this decision / project. This includes (but is not limited to) political, legislation and reputation risks.

1.5.3 The Approach is not intended to eliminate all risks and not all the risks identified can be managed all of the time. Also, risks will still exist that have not been identified.

1.5.4 However, based on the information provided, it is the officers' opinion that the significant risks have been identified, assessed and arrangements are in place to manage them effectively.

1.6 Consultation Undertaken

1.6.1 Full and appropriate consultation will take place with staff affected by the immediate changes to their employment arrangements. Any subsequent changes to service delivery will also follow appropriate consultation with those directly affected and with other interested parties.

1.7 Equality and Diversity Implications

The are no identified Equality and Diversity Implications

1.8 Background Papers

1.8.1 Report to Full Council 12th October 2010

1.8.2 Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

RECOMMENDATION

The Council is asked to:-

(i) Authorise the Chief Executive to appoint an individual(s) to act on behalf of the Responsible Person in the discharge of the functions imposed by the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009