To consider the submitted report on the above and any recommendations from the Overview and Scrutiny Board.

(Note this report contains an exempt appendix which has abeen circulated separately.)

The Council received the submitted report on the Annual Strategic Agreement (ASA) 2017/2018 which set out the way in which Torbay Council and South Devon and Torbay Clinical Commissioning Group (CCG) commissioned services from the Torbay and South Devon NHS Foundation Trust (the Trust) for those requiring adult and social care support.  The report had been updated from that presented to Council on 23 February 2017 and also included performance commitments and the approach to the (Improved) Better Care Fund. 

Members also received details of the revised Risk Share Agreement following notice of withdrawal from the Risk Share Agreement by Torbay and South Devon NHS Foundation Trust in December 2016 (as set out in the submitted report).

A revised officer recommendation was circulated prior to the meeting.

Councillor Parrott proposed and Councillor Stocks seconded a motion, which was agreed by the Council as set out below:

that, subject to all parties namely Torbay Council, Torbay and South Devon NHS Foundation Trust and South Devon & Torbay Clinical Commissioning Group agreeing the Risk Share Agreement as set out in Appendix 2 to the submitted report, or in the alternative the control mechanisms as set out being implemented;

(a)       that the Director of Adult Social Care be given delegated authority to enter into a revised risk share agreement with Torbay and South Devon NHS Foundation Trust and South Devon and Torbay Clinical Commissioning Group, on the basis of Appendix 2, with any minor variations being agreed in consultation with the Mayor, Executive Lead for Adults and Children, and Group Leaders;  and

(b)       that the Annual Strategic Agreement between Torbay Council, South Devon and Torbay Clinical Commissioning Group and Torbay and South Devon NHS Foundation Trust set out at Appendix 1 to the submitted report be approved, including the approach to funding the same as set out in Appendix 2.

The Chief Executive (supported by representatives from Torbay and South Devon NHS Foundation Trust and South Devon and Torbay CCG) to provide an update on the proposals for the Strategic Agreement between the Council and the Trust and the CCG.

The Mayor to answer any questions.

The Board to consider making any recommendations to the Council.

The Assistant Director – Corporate and Business Services provided an update on the proposals for the Strategic Agreement between the Council and the Torbay and South Devon NHS Foundation Trust and the South Devon and Torbay Clinical Commissioning Group.  Representatives from the Trust and the CCG also answered the Board’s questions.

The proposed Strategic Agreement included a variation to the Risk Share Agreement whereby the Council would “buy-out” its share of the risk at a set amount for the remainder of the agreement.  This would involve the Council providing a higher amount of funding to the Trust than the core funding currently provided.  However, it was expected that this fixed amount would be less than the total amount that would need to be provided in future years to take account of the deficits projected by the Trust.  The proposed Agreement provided certainty for the Council moving forward on an otherwise potentially volatile budget.

Resolved:  that the Council be recommended to accept the proposed variation of the Risk Share Agreement for current and future years subject to the Trust and the CCG also endorsing and agreeing this approach in July 2017.

To consider the submitted report on the above Policy Framework document and any recommendations from the Overview and Scrutiny Board.

The Council received the submitted report on the Annual Strategic Agreement (ASA) which set out the way in which Torbay Council and South Devon and Torbay Clinical Commissioning Group (CCG) commissioned services from the Torbay and South Devon NHS Foundation Trust (the Trust) for those requiring adult and social care support.  The report also included a proposal for establishing an Adult Services and Public Health Monitoring Working Party to oversee changes in both adult services and public health as a result of local, regional and national pressures.  Members also received details of the notice of withdrawal from the Risk Share Agreement by Torbay and South Devon NHS Foundation Trust (as set out in the submitted report). 

Members received the recommendations of the Overview and Scrutiny Board for approval of the report.

Councillor Parrott proposed and Councillor Mills seconded a motion, which was agreed by the Council as set out below:

(i)         that the Annual Strategic Agreement between Torbay Council, South Devon and Torbay Clinical Commissioning Group and Torbay and South Devon NHS Foundation Trust set out at Appendix 1 to the submitted report be approved for the period to 31 December 2017;  and

(ii)        that a Adult Services and Public Health Monitoring Working Party be established comprising 5 members (to be politically balanced), with the Executive Lead for Adults and Children and the Executive Lead for Health and Wellbeing and the Directors of Adult Services and Public Health being invited to attend meetings, with terms of reference as follows:

(a)          To provide strategic political interface between elected members and the Executive Lead for Adults and Children and the Directors of Adult Services and Public Health.

(b)          To understand the key priorities for Adult Services and Public Health.

(c)          To be fully briefed on the changes within Adult Services and Public Health especially in respect of the arrangements with the Integrated Care Organisation, changes arising from the Devon-wide Sustainability and Transformation Plan and changes in Government legislation and/or guidance.

(d)          To understand the financial situation in relation to Adult Services and Public Health.

The Director of Adult Services (supported by representatives from Torbay and South Devon NHS Foundation Trust and South Devon and Torbay Clinical Commissioning Group) to present the draft Annual Strategic Agreement.

The Mayor and Executive Lead for Adult  Services to answer the Board’s questions.

The Board to consider making any recommendation to the Mayor on the draft Agreement as part of the consultation on this Policy Framework document.

The Board considered a report that set out the way in which Torbay Council and South Devon and Torbay Clinical Commissioning Group (CCG) will commission services from Torbay and South Devon NHS Foundation Trust (Trust).

Representatives from both the CCG, the Trust and the Council’s Director of Adult Social Services attended the meeting and provided a context to the agreement between the three parties and responded to Members questions.

The Board welcomed the establishment of the Adult Services and Public Health Monitoring Working Party recognising that all Members have a role to play in ensuring the delivery of joined up, integrated and effective health and care to people living in Torbay.

Resolved: that Council be recommended to approve the recommendations as set out in the submitted report.