AGENDA ITEM: 10 Page nos Fitness for Life scheme (Instructor-led walks)

Transcription

1 AGENDA ITEM: 10 Page nos Meeting General Functions Committee Date 14 January 2009 Subject Report of Summary Fitness for Life scheme (Instructor-led walks) Director for Resources This reports deals with the staff implications of transferring the instructor-led walks programme to an external provider. Officer Contributors Status (public or exempt) Wards affected Enclosures For decision by Function of Reason for urgency / exemption from call-in (if appropriate) Julian Mauger, Third Sector Commissioning Manager Public All None General Functions Committee Council Not applicable Contact for further information: Julian Mauger, tel

2 1. RECOMMENDATIONS 1.1 That the changes resulting from re-providing the programme of instructor-led walks as detailed in this report be implemented to the timescales set out below; 1.2 That the Director of Resources be instructed to take the necessary action to transfer the six employees from the Council to Age Concern Barnet or other provider to take effect if possible before the end of the financial year, 31 March 2009; and to take such measures as are necessary to ensure compliance with the requirements of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 in effecting such transfer. 2. RELEVANT PREVIOUS DECISIONS 2.1 General Functions Committee 11 September 2008 item 8 Fitness for Life Scheme dealing with the implications of re-structuring other elements of the Fitness for Life Scheme of which the instructor-led walks are part, which recommended that any employee displaced as part of these changes be redeployed in accordance with the Council s Managing Change Policy through redeployment or redundancy in the usual way (see exempt report for details). 2.2 Delegated Powers Report number 714 (decision of the Director of Resources in consultation with the Cabinet Member for Policy & Performance) That the Head of Corporate Procurement be instructed to negotiate the transfer of the instructor-led walks service to Age Concern Barnet or other provider on the terms set out in the report; that the transfer of the sessional staff leading the walks to Age Concern Barnet or other provider under TUPE regulations be reported to the General Functions Committee. 3. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 3.1 Continuing provision of the walks programme is in line with the Council s Health and Well-being Commissioning Framework, approved by Cabinet on 6 October This includes the key objective of Improving health and wellbeing which focuses on older people, reducing health inequalities and obesity, amongst other things. It also includes a statement that our role is to work alongside individuals and the community in supporting them to adopt healthy lifestyles and that we will work together to develop joint initiatives and campaigns to provide people with the right information and support to take regular exercise. 3.2 The Sustainable Community Strategy has similar aims, including a target under Tackling Disadvantage to decrease the mortality rate for under-75s due to circulatory disease (National Indicator 121) to which exercise is an important contribution. 3.3 Provision is in line with Barnet s Sport, Physical Activity and Physical Education Strategy in that it contributes to the headline target of increased participation in sport and physical activity by adults aged 16 years and over.

3 The section of the action plan for Encouraging active lifestyles includes the following action point at A6 for the Council to lead on: Develop new outdoor active recreation opportunities using Barnet s parks and green spaces, such as organised walks and cycle rides, particularly for priority groups. The current programme is consistent with this. 4. RISK MANAGEMENT ISSUES 4.1 There are no serious risks to the delivery of corporate objectives associated with the future of this scheme. However, ending the walks would remove more than 500 walk attendances per month which currently contribute to the headline target in the Sport, Physical Activity and Physical Education Strategy of increasing adult participation in physical activity. 4.2 Non-approval of this report may in the short term affect our ability to realise the saving resulting from the deletion of the post approved by this Committee on 11 September The issue of pensions for staff who may transfer to a new provider as under 5.5 (b) below is still under negotiation. The amounts involved are small but the possibility of needing to find a solution involving the Council should be noted. 5. EQUALITIES AND DIVERSITY ISSUES 5.1 Under the proposed service level agreement, the new provider would be expected to introduce targeting to the scheme for the first time, with the aim of increasing the proportion of users drawn from the Borough s most deprived wards. This is a good proxy for the areas with the highest need for activities to support health improvement. The scheme is already focused on over 55s which is a target group for increasing levels of physical activity. 6. USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance & Value for Money, Staffing, IT, Property, Sustainability) 6.1 The staffing and value for money issues are set out in section 9 of this report. 6.2 The 2008/09 budget for all components of the Fitness for Life Scheme is 39,120, comprising 131,870 gross expenditure offset by income from the scheme and a contribution from Barnet Primary Care Trust ( the PCT ). The PCT has reviewed its contribution to the scheme and decided to fund cardiac rehabilitation only. As noted in the General Functions Committee Report (11 September 2008), from the second half of 2008/09, the 3 separate component parts will be financed as follows: The cost of the new cardiac rehabilitation scheme will be borne jointly by the PCT and allocation of Local Area Agreement start-up grant by agreement between the Council and its statutory partners. The GP exercise referrals have ceased and therefore no costs will be incurred.

4 The remaining cost will therefore be for the instructor-led walks. This should be less than 5,000 annually, net of income from the walks and will be funded by the Council. 6.3 More specifically, the walks programme will be grant-funded from the existing Fitness for Life cost centre up to a sum to be negotiated, but not more than 5,000 per annum in the first year (or pro-rata in the first part-year to March 2009). The Service Level Agreement will include an objective to make the service self-funding in its first full financial year, but this is not guaranteed and depends on finding a level of increase on the ticket price that will not undermine demand. 6.4 Although Sport England funding restrictions on the Say Go project (see section 8) appear to prevent cross-subsidy with the walks programme, there may be economies of scale once established which assist in achieving the objective of making the walks self-financing. 6.5 In line with other third sector providers consulted, Age Concern Barnet require (a) indemnity against the risk of future redundancy costs, quantified at no more than 6,000 in the period to March 2012 (b) that pensions can be paid through their existing arrangements at no more than their current contributions; and that this will be the built into the agreement with them. The practicalities of the latter are still being investigated. 6.6 The existing client database will transfer to Age Concern Barnet. 6.7 There are no property implications. 7. LEGAL ISSUES 7.1 None. 8. CONSTITUTIONAL POWERS 8.1 Constitution Part 3 Responsibility for Functions (revised July 2008) Section 2 Responsibility for Council Functions General Functions Committee Staff matters, i.e. salaries and conditions of service including organisational restructures which could potentially lead to compulsory redundancies must be submitted to General Functions Committee for approval. 9 BACKGROUND INFORMATION 9.1 The Fitness for Life (FFL) scheme comprised three components: the cardiac rehabilitation service the GP exercise referral scheme

5 instructor-led walks. 9.2 Re-configuring the Fitness for Life scheme has involved negotiating solutions for its three elements separately and to different timescales. This report deals with the last of these to be resolved: the instructor-led walks programme. 9.3 The Fitness for Life Scheme was jointly funded by the Council and Barnet Primary Care Trust ( the PCT ). PCT priorities have now changed. Relying on guidance from the National Institute for Health and Clinical Excellence (NICE) that schemes such as our GP exercise referral scheme and instructor-led walks are not sufficiently cost effective, the PCT decided to withdraw funding for both, as previously reported. 9.4 It was reported to this Committee in September 2008 that the walks programme was continuing in its current form with Council funding. At that time there were implications for one post only as dealt with by the Committee. It was noted that discussions were on-going with a third party provider and that a second report would be brought to this Committee, if further staff changes were required. 9.5 The Board of Age Concern Barnet has now agreed in principle that they will deliver the walks programme subject to agreement of terms and conditions. 9.6 Deletion of one post which spanned the wider Fitness for Life Scheme has already been authorised by General Functions Committee on 11 September 2008 (see exempt report). This will be put into to effect once handover of the programme to Age Concern has been fully or nearly completed, the postholder s other duties having largely ceased already. 9.7 On transfer of the service to Age Concern Barnet, there are currently six instructors employed by the Council who would transfer under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 to Age Concern Barnet. There are two further staff who provide services on a selfemployed basis and the Council has no employment liability towards them when the Council provision ends. 9.8 Unison and GMB have been consulted. They have no members involved and they have not raised any concerns. A staff consultation meeting was held on 10 December No objections to the proposed transfer were made, but consultation is on-going and any issues arising will be reported to the Committee. 10. LIST OF BACKGROUND PAPERS 10.1 None. Legal: PJ CFO: JB