Agenda item

To consider the report of the Task and Finish Group (copy attached) on the progress to date with respect of the consultation on the future of the Council’s in-house social care provision for older people at Hafan Dȇg (Rhyl), Dolwen (Denbigh), Cysgod y Gaer (Corwen) and Awelon (Ruthin) and to seek the Committee to make recommendations to Cabinet with respect to future provision at Hafan Dȇg and Dolwen.

2pm – 3pm

The Chair of the Task and Finish (T&F) Group established to examine the future delivery of in-house social care services presented the Committee with a progress report on the Group’s work to date (previously circulated), which included its recommendations in relation to the future provision of services at Hafan Dȇg Day Centre, Rhyl and Dolwen Day Centre and Residential Care Home, Denbigh. 

 

In her introduction the Chair outlined the background to the Group’s establishment, the process followed to date and the key democratic milestones and decisions which had led to the report being presented to the Committee at the current meeting.  She also read out the Cabinet’s decision of the 26 May 2016 which authorised the T&F Group to undertake the exploratory work, the conclusions of which were detailed in the report to the Committee.  The exploratory work was continuing in relation to potential proposals for Awelon, in Ruthin and Cysgod y Gaer in Corwen.  The conclusions of those would be reported to the Committee at a later date, when the requested information was available and all options had been fully explored. 

 

The Head of Community Support Services explained that whilst an initial engagement event had been held for potential providers for services at both Hafan Dȇg and Dolwen, the level of comparative detail elected members had requested in order to formulate recommendations in relation to the future of both establishments could only be achieved if the Council commenced a formal tender process.  Instigating such a process would not commit the Council to transferring the services over to an external provider, but it would provide it with sufficient detailed information to enable an informed decision to be taken on a way forward for the future.  All risks identified with the entire project were detailed in the report.  Responding to members’ questions the Lead Member for Social Care (Adults and Children’s Services), T&F Group members and officers confirmed in relation to the recommendations put forward for both establishments:

·       that all tenders would be evaluated by the T&F Group before recommendations were formulated and presented to Performance Scrutiny Committee and then Cabinet on the future service provision;

·       if following the tender process none of the tenders met the required criteria for the services the Council wanted to deliver, the Authority would need to review its approach to the delivery of these services.  It was emphasised that none of the establishments would close and that services would continue as at present;

·       statutory care quality monitoring arrangements would apply to both establishments if they were transferred over to external providers.  They would also be subject to Care and Social Services Inspectorate Wales (CSSIW ) care monitoring arrangements, in the same way as public and private care providers would be inspected by the Regulator;

·       the Council paid external providers £50 per day for the provision of day care.  The proposed tender documentation for both establishments would specify the fee payable by the Council;

·       the Social Care Welsh Language Champion and the ‘Mwy Na Geiriau’ (‘More Than Words’) Working Group would ensure that the tender documentation clearly specified the Welsh Language requirements for the provision of services at both establishments.  They would also be involved in the tender evaluation process to ensure that all specified criteria were met;

·       that Transfer of Undertakings (Provision of Employment) (TUPE) arrangements would apply to all staff members employed at both establishments if, and when, the services were transferred to an external provider;

·       if potential providers were identified during the tender process, and all required criteria were met, the Council could potentially transfer the assets and the services within two years;

·       confirmed that clauses would be included in any legal transfer documentation to protect the Council in the event of a successful tenderer withdrawing from delivering the commissioned services within a specified period of time, or the owner/leaseholder of the building attempting to change its use from that it was sold/leased to them to be used for;

·       care would be commissioned on an individual basis, as was the current practice, as it was tailored to each individual’s needs.  The provision of care in an establishment was purchased via a framework agreement which formed a contract for care.  The terms and conditions of the contract with a provider was the key document;

·       the Council already had contingency plans in place to deal with unforeseen closures and emergency situations which required residents to be re-homed at very short notice.  These plans had been tried and tested and worked well; and

·       service-users and their advocates would be included in the consultation process on the future provision of services at both establishments.

 

In relation to Hafan Dȇg it was confirmed that:

·       the facility was not utilised to its full capacity at present, this was due to financial constraints on the Council.  A number of the interested parties who had attended the engagement event had listed an array of different types of services they would like to deliver at the centre, a number of which would deliver the requirements and aspirations of the Social Services and Well-being Act (Wales) 2014 in relation to supporting independence and resilience and reducing isolation;

 

In relation to Dolwen it was confirmed that:

·       the sole provider who had expressed an interest at the engagement event in taking over Dolwen and providing services there was not at present delivering services in Wales.  However, if they proceeded to the formal tender stage the tender would be evaluated against the set criteria which would include, amongst other criteria, standards measuring quality of care;

·       the potential interested party had confirmed his intention to carry out essential maintenance work at Dolwen and had aspirations to increase the building’s capacity, by applying for planning permission, to extend the building to accommodate a 50 bed unit, which would include Elderly Mental Health (EMH) beds.  The interested provider had also indicated that his preference for increasing capacity would be to build an additional floor on the building rather than extend outwards into the grounds; and

·       whilst only one potential provider had attended the engagement event, the Council was confident that other providers were interested.  These would probably register their interest during the formal tender process;

 

Members emphasised the need for the Council to safeguard provision for residents within the local area and to seek assurances that any contracts it entered into would not have a detrimental effect on those requiring services and those providing them in Denbighshire. Councillor Hilditch-Roberts emphasised the need for any contracts to safeguard the services so they would not leave the area.

 

Prior to the conclusion of the discussion the Chair invited a member of the public in attendance to address the committee and ask questions.  In response to those questions officers confirmed that:

·       Hafan Dȇg was not utilised to its full potential at present due to low demand for the services the Council had been able to deliver there in recent years.  However, the preventative services which interest parties wanted to deliver there in future should be in high demand as they met the requirements of the Social Services and Well-being (Wales) Act 2014; and

·       If a provider withdrew from delivering a service in a building transferred either to them or a third party it would be the responsibility of the building owner/leaseholder to provide the same type and level of service from that establishment as they were legally bound by their contract to do so;

 

The above individual stated that he felt that all scrutiny related to the transfer of services should be undertaken independently.

 

In thanking T&F Group members and officers for their work to date the Chair of the T&F Group emphasised that the proposals put forward represented a way to preserve current services whilst also enhancing them to meet future needs in the field of social care.  She referred to the success of the Extra Care facility in Rhyl and her wish to see similar provision available across Denbighshire.  The Lead Member emphasised that the proposed approach was futuristic and forward looking.

 

At the conclusion of an in-depth discussion the Committee:

 

Resolved: to recommend to Cabinet that it should undertake:

 

(i)              a formal tender process with respect to the provision of services at Hafan Dȇg (Rhyl) with a view to transferring the building to an external organisation, commissioning a day care service within the building and, in addition, enabling 3^rd sector agencies to provide early intervention activities for older people that reduce social isolation, support independence and promote resilience;

(ii)             a formal tender process with respect to the provision of services at Dolwen (Denbigh) with a view to transferring the building and the whole service to an external organisation that would register Dolwen to provided elderly mental health (EMH) day and residential care services;

(iii)            that all tender documentation specify requirements to evidence the quality of care and Welsh language provision that would be provided at both establishments; and

(iv)           that at the conclusion of the tender process bids are evaluated and analysed for potential impacts by Performance Scrutiny Committee before being presented to Cabinet with recommendations on the preferred provider for each establishment prior to potential appointment in order to gain Cabinet’s full approval and to achieve the most advantageous outcome.  (All appointments would be subject to Cabinet being satisfied that the transfer of assets and the planned provision of services at those establishments would be in the best interest of services-users, residents and the Council).