Issue - meetings

6.1       This item was introduced by Penny Shimmin, Ruairi McCourt, and Barry Atkins.

6.2       The transfer of day services to Sussex Community Development Association (SCDA) has gone well. TUPE has been smooth, and there has been good continuity of care with almost all former staff transferring over. The new service revolves around a range of enjoyable activities which are accessible to a range of clients, including those with dementia. There is a particular emphasis on providing healthy, freshly cooked food. There is also a greater emphasis on administration, particularly in terms of measuring performance/outcomes. To date there have been no complaints about the new services, although there have been many compliments.

6.3       East Sussex County Council continues to fund places for eligible clients, but this is now on a ‘spot-purchase’ basis which offers improved value for money. SCDA has the opportunity to exploit the resource potential of the units it runs – by, for instance, attracting more self-funding clients.

6.4       SCDA’s business model assumes a diminishing reliance on ESCC funding over coming years. SCDA will seek to replace this funding source by expanding catering and other offers (including a potential move into the Community Meals market). SCDA is committed to a research partnership with Sussex University. In time this will produce evidence on the outcomes of day services as a preventative tool.

6.5       In response to a question on the potential for NHS funding of day services, BA told Members that services could be pitched to the NHS if there was evidence of health benefits. KH added that we are moving, through the East Sussex Better Together programme, to an integrated health and social care offer. Day services have a role to play as part of this offer, and have particular value in supporting carers, but in the future the question of whether funding comes from health or social care will become much less relevant.

6.6       Self-sufficiency is an aspiration for SCDA, but not an actual target at the current time. The change of provider has already realised significant savings for the county council, and the move to a spot purchase system has meant that the council is better-placed to control financial risk. It is also unlikely that an in-house service would have had the potential to generate income in innovative ways that SCDA has. 

6.7       Clients for day services tend to come from relatively close to the day centres. In addition to the three services managed by SCDA further services have been developed including the use of residential care homes that provide day services. Service users have indicated that they do not favour long transport journeys to services. 

6.8       The transfer of responsibility to SCDA has already realised the £700K savings target. It has also made the day service model much more sustainable, particularly in terms of reducing risks for ESCC (e.g. risks associated with maintaining the day services estate).

6.9       The committee welcomed SCDA’s successful performance to date. Members also noted that there may be wider applications  ...  view the full minutes text for item 6

38.1     The Committee considered a report by the Director of Adult Social Care and Health which provided an update on the progress of transferring the services provided at the Isabel Blackman Centre, Phoenix Centre and Charter Centre to the Sussex Community Development Agency (SCDA) following the conclusion of a tendering process.

38.2     The following information was provided in response to questions regarding the new provider of day services:

·         The current value of the day centres is not indicative of their potential value to the new provider. The service specification permits SCDA to promote the existing service to self-funding clients or personal budget holding clients; as well as expand the range of services offered at the day centres to attract more clients, for example, lunch clubs designed to reduce isolation. SCDA would have already calculated the potential of the market before making its bid.

·         In order to accommodate new services at the Centres, SCDA and the Council will need to agree how the transport needs of clients wishing to attend new services can be accommodated by the transport providers.

·         The Council retains the head lease for the buildings but the overhead cost of setting up the new service is met by the SCDA. The Council’s liability for the service is the same as it would be for most contracted services: if the provider fails, the Council would meet the needs of clients using the service by making alternative arrangements, but would not bail out the failing provider.

·         The Transfer of Undertakings – Protection of Employment (TUPE) negotiations between the Council and SCDA are ongoing and will not be completed by the planned date of the end of April. There are several reasons for this:

o   the TUPE process is always complex and relies more on individual circumstances, rather than a formulaic process;

o   TUPE is a process that the SCDA may not have undertaken before;

o   the TUPE process could not begin until after it was known who was the provider (this was made clear in the Cabinet papers);

o   the ongoing TUPE discussions are around managing liabilities associated with pensions, which is very complex, and made more complex by the fact that current employees are from three different providers: the Council, AGE UK and Appetito.

·         There will be costs associated with the amount of time it has taken to implement TUPE but these are covered in the contingency budget and will be offset by savings that will be achieved by taking more time to ensure that the agreed TUPE is sustainable for both partners.

·         The terms and conditions and employment status of staff remain identical after a TUPE and would not be renegotiated.

38.3     RESOLVED: to request a presentation at the 12 November meeting from the Sussex Community Development Agency on how they are planning to provide the older people’s day services going forward.