Decisions

Decisions published

10/06/2021 - Adult Social Care Community Services Fees 2021/22 ref: 11156    Awaiting Implementation

The purpose of this report is to enable the Cabinet Member Adult Social Care in conjunction with the Executive Director of Adult Social Care and Health and Executive Director of Corporate Resources and Customer Services to determine the fees payable for Domiciliary Care, Direct Payments, Supported Living, Community Support, Extra Care and Individual Service Fund services, during the financial year period 2021/22 and for the Cabinet Member Regulatory, Compliance and Corporate Services to approve the virement of £0.393m from within the current Adult Social Care budget to fund the additional cost of these proposals.

 

Decision Maker: Cabinet Member - Regulatory, Compliance and Corporate Services

Decision published: 10/06/2021

Effective from: 19/06/2021

Decision:

Decision(s):

 

·       the contents of the report be noted; 

·       the following rate increases outlined in the report from 1st April 2021 be approved;

·       the proposal regarding sleep-in service payments be approved.

 

The specific recommendations in relation to the respective services are:

 

(1)  Domiciliary Care - The implementation of the following rate increases, which are higher than those originally consulted upon, having taken into account a range of factors including the response from providers, the COVID context, risks raised in relation to additional costs, regional averages and any other information available at the time of the consultation;

 

Duration / Service Element

2021/22 Rate

Originally Proposed 2021/22 Rate

2020/21 Rates

1 Hour

£16.68

£16.34

£16.04

45 Minutes

£12.51

£12.26

£12.03

30 Minutes

£8.34

£8.17

£8.02

15 Minutes

£4.17

£4.09

£4.01

Sleep-in (8 Hour Night)

£81.97

£81.97

£80.22

Waking Night (8 Hour Night)

£133.44

£130.72

£128.32

 

(2)  Direct Payment recipients who access an Agency -that the above Domiciliary Care hourly rate is also implemented and that rates for night services are increased to the following;

 

Duration / Service Element

2021/22 Rate

2020/21

Rates

1 Hour

(Domiciliary Care & Community Support)

£16.68

£16.04

Sleep-in (10 Hour Night)

£102.47

£100.28

Waking Night (10 Hour Night)

£166.80

£160.40

 

 

(3)  Direct Payment recipients who utilise a Personal Assistant - that the following rates are held apart from an increase to the Sleep-in rate;

 

Duration / Service Element

2021/22

2020/21
Rates

1 Hour

£13.00

£13.00

Sleep-in (10 Hour Night)

£102.47

£100.28

Waking Night (10 Hour Night)

£130.00

£130.00

 

 

(4)  Community Support Services -that the rate is increased (therefore an increase above that originally consulted on) to the following which is to ensure continued alignment with the Domiciliary Care rate;

 

Duration / Service Element

2021/22 Rate

Originally Proposed 2021/22 Rate

2020/21

Rates

1 Hour

£16.68

£16.34

£16.04

 

 

(5)  Supported Living - the implementation of the following rate increases which were proposed at the commencement of the consultation;

 

Duration / Service Element

2021/22 Rate

2020/21

Rates

Hourly Rate

£15.56

£15.25

Sleep-in (9 Hours)

£92.22

£90.25

Sleep-in (10 Hours)

£102.47

£100.28

Waking Night (9 Hours)

£140.04

£137.25

Waking Night (10 Hours)

£155.60

£152.50

 

 

(6)  Extra Care Housing Services - that the rate is increased in line with the proposed increase to the Supported Living hourly rate to;

 

Duration / Service Element

2021/22 Rate

2020/21 Rates

Hourly Rate

£15.56

£15.25

 

 

(7)   Individual Service Funds are increased based on the proposed 2.03% increase awarded to Supported Living and Extra Care services pending a separate review of the current pilot project particularly with respect to ascertaining further details on administrative costs incurred by Providers;

 

Duration / Service Element

2021/22 Pilot Project Rates

Current Pilot Project Rates

1 Hour

£16.32

£16.00

Sleep-in (9 Hour Night)

£92.22

£84.97

Waking Night (9 Hour Night)

£146.88

£144.00

 

 

(8)  That the method applied to the calculation and payment of sleep-in services are maintained under the current Domiciliary Care, Direct Payment and Individual Service Fund contractual and policy guidelines and are in line with pilot project arrangements which is based on the expectation that Providers / Direct Payment recipients pay staff the hourly rate calculated within these rates.

 

(9)  In the event that this is evidenced not to be the case, Council Officers are authorised to review current contractual, Direct Payment and pilot project arrangements and adjust payments if appropriate.

 

(10) In accordance with the Financial Procedure Rules, the Cabinet Member – Adult Social Care and the Cabinet Member - Regulatory, Compliance and Corporate Services approve a virement of £0.393m from within the current Adult Social Care budget to fund the additional cost of these proposals.

 

Reasons for the Decision(s):

 

To enable the Council to set the fees payable to Domiciliary Care, Direct Payments, Supported Living, Community Support, Extra Care and Individual Service Fund services, during the financial year period 2021/22.

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

The following options were considered and rejected;

 

  1. Not awarding increases – this option was rejected in relation to all service areas as there is a requirement to ensure that fee levels are increased to take into account the increase to Provider’s costs, such as the National Living Wage increase.

 

  1. Awarding fee increase originally proposed in the Domiciliary Care and Community support consultations – this option was considered but rejected following the analysis of the consultation responses.

 

  1. Awarding fee increases above those originally proposed in the Supported Living and Extra Care servicesconsultations – this option was considered but rejected following an analysis of the consultation responses and rates paid in comparator Local Authorities.

 

  1. Awarding higher increases to all the service areas which are recommended for decision – this option was considered but was rejected as it was determined that the proposed increases were correct within the current context.

 

5.    Amending the original proposals for increases to Sleep-in rates( in light of the Supreme Court Mencap ruling) – this option was considered and rejected as it was felt that whilst a recent Court ruling stated that whilst the only time that counts for National Minimum Wage purposes is time when the worker is required to be awake for the purposes of working, and not when they are asleep, the current rate calculations should be maintained under current contractual and Direct Payment arrangements. However, this is based on the expectation that Providers and Direct Payment Recipients are paying Staff / Personal Assistants the hourly rate calculated within these rates and if this is evidenced that this is not the case, Council Officers are authorised to review current contractual, Direct Payment and pilot project arrangements and adjust payments if appropriate.

 

  1. Awarding an increase (aside from an increase to the Sleep-in rate) to Direct Payment Recipients’ who utilise a Personal Assistant –this option was considered but rejected as the current rate is considered sufficient, following the Council conducting benchmarking work on rates in place in other regional Local Authorities.

 

Wards affected: (All Wards);

Lead officer: Deborah Butcher


10/06/2021 - Adult Social Care Community Services Fees 2021/22 ref: 11155    For Determination

The purpose of this report is to enable the Cabinet Member Adult Social Care in conjunction with the Executive Director of Adult Social Care and Health and Executive Director of Corporate Resources and Customer Services to determine the fees payable for Domiciliary Care, Direct Payments, Supported Living, Community Support, Extra Care and Individual Service Fund services, during the financial year period 2021/22 and for the Cabinet Member Regulatory, Compliance and Corporate Services to approve the virement of £0.393m from within the current Adult Social Care budget to fund the additional cost of these proposals.

 

Decision Maker: Cabinet Member - Adult Social Care

Decision published: 10/06/2021

Effective from: 19/06/2021

Decision:

 

Decision(s):

 

·       the contents of the report be noted;

·       the following rate increases outlined in the report from 1st April 2021 be approved;

·       the proposal regarding sleep-in service payments be approved.

 

The specific recommendations in relation to the respective services are:

 

(1)  Domiciliary Care - The implementation of the following rate increases, which are higher than those originally consulted upon, having taken into account a range of factors including the response from providers, the COVID context, risks raised in relation to additional costs, regional averages and any other information available at the time of the consultation;

 

Duration / Service Element

2021/22 Rate

Originally Proposed 2021/22 Rate

2020/21 Rates

1 Hour

£16.68

£16.34

£16.04

45 Minutes

£12.51

£12.26

£12.03

30 Minutes

£8.34

£8.17

£8.02

15 Minutes

£4.17

£4.09

£4.01

Sleep-in (8 Hour Night)

£81.97

£81.97

£80.22

Waking Night (8 Hour Night)

£133.44

£130.72

£128.32

 

(2)  Direct Payment recipients who access an Agency - that the above Domiciliary Care hourly rate is also implemented and that rates for night services are increased to the following;

 

Duration / Service Element

2021/22 Rate

2020/21

Rates

1 Hour

(Domiciliary Care & Community Support)

£16.68

£16.04

Sleep-in (10 Hour Night)

£102.47

£100.28

Waking Night (10 Hour Night)

£166.80

£160.40

 

 

(3)  Direct Payment recipients who utilise a Personal Assistant - that the following rates are held apart from an increase to the Sleep-in rate;

 

Duration / Service Element

2021/22

2020/21
Rates

1 Hour

£13.00

£13.00

Sleep-in (10 Hour Night)

£102.47

£100.28

Waking Night (10 Hour Night)

£130.00

£130.00

 

 

(4)  Community Support Services -that the rate is increased (therefore an increase above that originally consulted on) to the following which is to ensure continued alignment with the Domiciliary Care rate;

 

Duration / Service Element

2021/22 Rate

Originally Proposed 2021/22 Rate

2020/21

Rates

1 Hour

£16.68

£16.34

£16.04

 

 

(5)  Supported Living - the implementation of the following rate increases which were proposed at the commencement of the consultation;

 

Duration / Service Element

2021/22 Rate

2020/21

Rates

Hourly Rate

£15.56

£15.25

Sleep-in (9 Hours)

£92.22

£90.25

Sleep-in (10 Hours)

£102.47

£100.28

Waking Night (9 Hours)

£140.04

£137.25

Waking Night (10 Hours)

£155.60

£152.50

 

 

(6)  Extra Care Housing Services - that the rate is increased in line with the proposed increase to the Supported Living hourly rate to;

 

Duration / Service Element

2021/22 Rate

2020/21 Rates

Hourly Rate

£15.56

£15.25

 

 

(7)   Individual Service Funds are increased based on the proposed 2.03% increase awarded to Supported Living and Extra Care services pending a separate review of the current pilot project particularly with respect to ascertaining further details on administrative costs incurred by Providers;

 

Duration / Service Element

2021/22 Pilot Project Rates

Current Pilot Project Rates

1 Hour

£16.32

£16.00

Sleep-in (9 Hour Night)

£92.22

£84.97

Waking Night (9 Hour Night)

£146.88

£144.00

 

 

(8)  That the method applied to the calculation and payment of sleep-in services are maintained under the current Domiciliary Care, Direct Payment and Individual Service Fund contractual and policy guidelines and are in line with pilot project arrangements which is based on the expectation that Providers / Direct Payment recipients pay staff the hourly rate calculated within these rates.

 

(9)  In the event that this is evidenced not to be the case, Council Officers are authorised to review current contractual, Direct Payment and pilot project arrangements and adjust payments if appropriate.

 

(10)In accordance with the Financial Procedure Rules, the Cabinet Member – Adult Social Care and the Cabinet Member - Regulatory, Compliance and Corporate Services approve a virement of £0.393m from within the current Adult Social Care budget to fund the additional cost of these proposals.

 

Reasons for the Decision(s):

 

To enable the Council to set the fees payable to Domiciliary Care, Direct Payments, Supported Living, Community Support, Extra Care and Individual Service Fund services, during the financial year period 2021/22.

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

The following options were considered and rejected;

 

  1. Not awarding increases – this option was rejected in relation to all service areas as there is a requirement to ensure that fee levels are increased to take into account the increase to Provider’s costs, such as the National Living Wage increase.

 

  1. Awarding fee increase originally proposed in the Domiciliary Care and Community support consultations – this option was considered but rejected following the analysis of the consultation responses.

 

  1. Awarding fee increases above those originally proposed in the Supported Living and Extra Care servicesconsultations – this option was considered but rejected following an analysis of the consultation responses and rates paid in comparator Local Authorities.

 

  1. Awarding higher increases to all the service areas which are recommended for decision – this option was considered but was rejected as it was determined that the proposed increases were correct within the current context.

 

5.    Amending the original proposals for increases to Sleep-in rates( in light of the Supreme Court Mencap ruling) – this option was considered and rejected as it was felt that whilst a recent Court ruling stated that whilst the only time that counts for National Minimum Wage purposes is time when the worker is required to be awake for the purposes of working, and not when they are asleep, the current rate calculations should be maintained under current contractual and Direct Payment arrangements. However, this is based on the expectation that Providers and Direct Payment Recipients are paying Staff / Personal Assistants the hourly rate calculated within these rates and if this is evidenced that this is not the case, Council Officers are authorised to review current contractual, Direct Payment and pilot project arrangements and adjust payments if appropriate.

 

  1. Awarding an increase (aside from an increase to the Sleep-in rate) to Direct Payment Recipients’ who utilise a Personal Assistant –this option was considered but rejected as the current rate is considered sufficient, following the Council conducting benchmarking work on rates in place in other regional Local Authorities.

 

Wards affected: (All Wards);

Lead officer: Deborah Butcher


02/06/2021 - Appointment of Local Authority Representatives to Governing Bodies of Maintained Schools ref: 11154    For Determination

To advise the Cabinet Member of the current situation with regard to Local Authority vacancies on the governing bodies of Community and Voluntary Aided Schools.

 

Decision Maker: Cabinet Member - Education

Decision published: 02/06/2021

Effective from: 11/06/2021

Decision:

Decision(s):

 

The recommended appointments to fill vacancies for Local Authority governorships in line with Council Policy be agreed.

 

Reasons for the Decision(s):

 

The appointment of School governors is regulated by the School Governance (Constitution) (England) Regulations 2012, as amended by the School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 and the School Governance [Miscellaneous Amendments] [England] Regulations 2015 made under sections 19 and 20 of the Education Act 2002.  

 

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

None

 

Wards affected: Derby; Litherland; Netherton and Orrell; Park; Sudell;

Lead officer: Tricia Davies


02/06/2021 - Proposed Temporary Traffic Regulation Order - Various Streets, Formby ref: 11153    Awaiting Implementation

To seek approval for the progression of a Temporary Traffic Regulation Order, the effect of which would restrict parking to facilitate access on Wicks Green, Wicks Crescent, Harington Green, Wicks Lane, Harington Road, Edenhurst Drive, Spruce Green and Delph Lane, Formby for a period of 18 months.

 

Decision Maker: Cabinet Member - Locality Services - Deputy Leader

Decision published: 02/06/2021

Effective from: 11/06/2021

Decision:

Decision(s):

 

 (i) the temporary restrictions on Wicks Green, Wicks Crescent, Harington Green, Wicks Lane, Harington Road, Edenhurst Drive, Spruce Green and Delph Lane, Formby be approved;

 

(ii) The necessary legal procedures be carried out, including the advertising of the temporary Order.

 

 

Reasons for the Decision(s):

 

The Council has the power to make temporary Traffic Regulation Orders under Section 14 of the Road Traffic Regulation Act 1984

 

Alternative Options Considered and Rejected:

 

None

 

Wards affected: Harington;

Lead officer: Dave Marrin


02/06/2021 - Lease of Additional Land - Kew Woods Primary School ref: 11152    Awaiting Implementation

The subject land is already included within the boundaries of Kew Woods Primary School which converted to an Academy following the grant of a Lease to Southport Learning Trust on 1st April 2019. For the reasons explained in the report the land was not conveyed to the Academy. The purpose of this report it to seek approval to grant a new Lease which will formally transfer the land to Southport Learning Trust.

 

Decision Maker: Cabinet Member - Regulatory, Compliance and Corporate Services

Decision published: 01/06/2021

Effective from: 10/06/2021

Decision:

Decision(s):

 

1)    The Chief Legal and Democratic Officer be authorised to grant the Southport Learning Trust a Lease of the subject land as detailed within the report.

2)    That a Letter of Consent be issued to the Southport Learning Trust permitting them to undertake the works detailed within the report.

3)    That the Southport Learning Trust be permitted to undertake the works in advance of the Lease being completed subject to entering into a Licence for Works

 

Reasons for the Decision(s):

 

The land is already occupied by Kew Woods Primary School so the intention is to formalise the transfer of the land.

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

The Council will retain ownership of the land and will be required to maintain the same. Not transferring the land would also prevent Kew Woods Primary School from being managed and operated effectively and may affect grant funding being obtained for the future development of the same due to the lack of control over the land.

 

 

Lead officer: Dominic Ellis


01/06/2021 - Retail Strategy Review March 2021 ref: 11151    Awaiting Implementation

The Council decided that a new Retail Strategy Review (RSR) was required in order to inform proposals for new retail development in the borough. The previous RSR was completed in 2015 and they generally become out-of-date after 5 years. The RSR was supported by a Shopper Survey and health checks of our town and district centres.

 

Decision Maker: Cabinet Member - Planning and Building Control

Decision published: 01/06/2021

Effective from: 10/06/2021

Decision:

Decision:

 

That the Retail Strategy Review and updated Town and District Health checks for publication be approved.

 

Reasons for the Decision(s):

 

The set out the key findings from the Retail Strategy Review and seek approval from Cabinet Member to publish the Retail Strategy Review and updated Town and District Health.

 

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

The Retail Strategy Review has been undertaken and need to be published to help inform decisions on proposals for retail development. Not to do so would result in the Council making decisions on out of date information.

 

Wards affected: (All Wards);

Lead officer: Ian Loughlin


01/06/2021 - Community Transition Fund - Heartstone Story Circles ref: 11149    Awaiting Implementation

(i)    To ask Cabinet Member - Communities and Housing to agree the Community Transition Fund recommendation.

 

(ii)   To update Cabinet Member on financial commitments to date from the Community Transition Fund.

 

Decision Maker: Cabinet Member - Communities and Housing

Decision published: 01/06/2021

Effective from: 10/06/2021

Decision:

Decision(s):

 

 

(i)    £2,200 to Heartstone Story Circles as set out in 1.1.12 be agreed; and

 

(ii)   That subject to the above recommendation being agreed, to note that the commitments against the Community Transition Fund will total £1,152,970 as set out in section 2.3

 

Reasons for the Decision(s):

 

To support our corporate priority of community resilience by enabling community organisations to provide valuable services in communities with no ongoing commitment from the Council.

 

Alternative Options Considered and Rejected: (including any Risk Implications)

Cabinet Member has agreed the criteria and process for allocating this fund.

 

Wards affected: (All Wards);

Lead officer: Paul McCann


01/06/2021 - Adult Social Care - Care Home Fees 2021/22 ref: 11150    For Determination

The purpose of this report is to enable the Cabinet Member Adult Social Care in conjunction with the Executive Director of Adult Social Care and Health and Executive Director of Corporate Resources and Customer Services to determine the fees payable to Sefton Care Homes, in respect of residents placed in those homes by the Council, during the financial year period 2021/22.

Decision Maker: Cabinet Member - Adult Social Care

Decision published: 01/06/2021

Effective from: 10/06/2021

Decision:

Decision(s):

 

The contents of the report and having given full consideration to the options outlined in the body of the report, including the responses to the consultation and the Equality Impact Assessment be noted;

 

(1)  The implementation of the following fee increases which are higher than those originally consulted upon having taken into account a range of factors including the response from providers, the COVID context, risks raised in relation to additional costs, regional averages and any other information available at the time of the consultation be approved;

 

Residential Care

EMI Residential

Nursing

EMI Nursing

2021/22 Fee

£523.51

£592.32

£538.33

£598.30

2020/21 Fee

£513.09

£580.54

£522.35

£580.54

Weekly Increase

£10.42

£11.78

£15.98

£17.76

% Increase

2.03%

2.03%

3.06%

3.06%

 

 

 

 

 

Originally Proposed 2021/22 Fee

£522.07

£590.70

£531.49

£590.70

Originally Proposed Weekly Increase

£8.98

£10.16

£9.14

£10.16

Originally Proposed % Increase

1.75%

1.75%

1.75%

1.75%

 

(2)  That any existing placements which are costed based on an individual Service User assessment are increased based on the same percentage uplifts detailed in the table above be noted;

 

(3)  That the Council will be conducting ongoing work as a priority to consider the allocation of further financial support to the market in order to address current cost pressures aligned to the impact of the pandemic (such as increased insurance costs) when these are more fully understood be noted; and

 

(4)  The proposed future work taking place on the Residential & Nursing Care home sector be noted.

 

Reasons for the Decision(s):

 

To enable the Council to set the fees payable to Care Homes in 2021/22, in respect of residents placed in those homes by the Council, in accordance with the requirements of legislation and statutory guidance and to outline proposed future work relating to the Residential and Nursing Care sector.

 

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

The following options were considered and rejected;

 

  1. Not awarding an increase – this option was rejected as there is a requirement to ensure that fee levels are increased to take into account the increase to Provider’s costs, such as the National Living Wage increase.

 

  1. Awarding the fee increase originally proposed in the consultation – this option was considered and rejected following the analysis of the consultation responses and fee increases proposed by comparator Local Authorities in the region for 2021/22.

 

  1. Awarding a higher increase to the final proposal which is recommended for decision – this option was considered but was rejected as it was determined that the proposed increases were correct within the current context.

 

Wards affected: (All Wards);

Lead officer: Deborah Butcher