Agenda and decisions

Minutes of the meeting held on the Tuesday 28^th March 2023.

Salford City Council - Record of Decision

I Paul Dennett, City Mayor, in consultation with Cabinet and in exercise of the powers contained within the City Council Constitution do hereby approve:

·         Contract extensions of the commissioning agreement for the provision of Adult Social Care (Care Act 2014) services for Salford people that sits as a trilateral agreement between Salford City Council, Greater Manchester Integrated Care Board and the Northern Care Alliance NHS Foundation Trust (NCA):

o   A contract extension from 1 July 2022 to 31 March 2023.

o   A further one-year contract extension from 1 April 2023 to 31 March 2024.

o   An option to extend the contract on a plus one-year annual basis until the end of the 10^th year or the contract – 31 March 2026.

·         Note that in extending of the Agreement for Services the following supporting agreements will also be extended under the same time period:

o   Three Section 75 Partnership Agreements (1) Pooled Budget, (2) Delegation of Statutory ASC functions, (3) Delegation of Statutory ASC Mental Health functions

o   Community Equipment Service Contract

o   General Support Services Contract

o   ICT Support Contract

o   Information Sharing Memorandum of Understanding

The Reasons are:

To maintain the strategic arrangement for the delivery of adult social care services in Salford.

Options considered and rejected were:

Not to extend the arrangements.

Assessment of Risk:

Medium:  A decision is necessary to enable to formal signing of the current agreements set out in this report for Adult Social Care.

The source of funding is:

The Integrated Fund

Legal Advice obtained:

Legal has had ongoing communication with council officers, in order to assist with the transition around the cessation of the Salford Clinical Commissioning Group (CCG) and newly formed Integrated Care Board (ICB). The ICB is a health body created by the Health and Care Act 2022.  It is properly called NHS Greater Manchester and replaces the ten CCGs across GM.

As set out above, there are existing trilateral partnership contractual arrangements which include Salford CCG as a Party, including the Agreement for Services. The CCG ceased to exist as a legal and contracting entity on 1^st July 2022, effectively ‘dropping out’ of the current arrangements. By operation of law under the new legislation, the ICB automatically become a party to the existing agreements in place of the now defunct Salford CCG.

The extension of the current arrangement from1 July 2022 to 31 March 2023 and a further one-year contract extension from 1 April 2023 to 31 March 2024 of the commissioning agreement for the provision of Adult Social Care (Care Act 2014) services will ensure services are maintained and delivered.

It is an established principle that an existing public contract is capable of being extended where the original agreement makes provision for the extension, and in this instance, it was set out that the original 5-year term would be subject to a potential extension of a further 5 years, subject to review.

The report describes  ...  view the full decision text for item 4.