Developing Transition Agreements between PCTs and Local Authorities in South Yorkshire and Bassetlaw

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1 Developing Transition Agreements between PCTs and Local Authorities in South Yorkshire and Bassetlaw Board Meeting 16 April 2012 Author(s)/Presenter and title Sponsor Director South Yorkshire and Bassetlaw Directors of Public Health Andy Buck, Chief Executive Purpose of Paper The purpose of this paper is to inform the Board of key issues and required undertakings towards setting out a Transition Agreement between South Yorkshire and Bassetlaw PCTs and their respective local authorities for the transfer of public health functions from the PCT to the Council. Key Messages/Issues Transition plans will enable Councils to accept responsibility for public health functions from April Facilitation of a shadow transfer from October 2012, through local delegation, will enable a smooth transition, addressing problems before the statutory transfer. This paper outlines key issues for consideration by the Board as we move toward shadow transfer. It also presents the transition position of each PCT locality area. Recommendations That SY&B PCTs: Acknowledge the schedule of undertaking required to enable a shadow transfer to local authorities of their public health functions Approve the pursuit of a shadow transfer to local authorities of their public health functions from October 2012 with support from appropriate PCT functions in regards to legal and financial implications outlined in this paper. Background (Brief Summary) 1

2 With the passage of the Health and Social Care Bill, primary responsibility for health improvement and health protection will transfer at the national level from the NHS to Public Health England, and at local level from PCTs to Local Authorities. This is due to take place from 1 April The Department of Health has stated that it expects a shadow transfer to be in place from October 2012, with the majority public health duties to be transferred to local authorities at that time, with remaining duties transferred by end December The formal handover of all public health responsibilities must be complete by end March Analysis of Risks Some key issues/risks that have been highlighted by working with key partners from within the transition planning process include: ensuring the service is deliverable within the resource allocated ensuring that relevant overhead costs are included within the financial allocation agreeing transition governance structures facilitating transfer of adequate staff capacity and skill and minimising any tensions between organisations and their cultures ensuring human resources and change management capacity required for the transition is available ensuring the service is in a position to continue delivering during transition and go live on 1 April ensuring that the role of Public Health England in supporting the local service is clear ensuring that the accountabilities/relationships with Public Health England, the Chief Medical Officer and Secretary of State for Health are clear and understood Details of legal and financial implications follow in this report. Equality Impact: As a result of the transfer and the Government s vision for Public Health Services, the community should receive a more integrated and accountable public health system that is better able to support vulnerable groups and reduce health inequalities. This will help people to lead healthier lives and improve the health and wellbeing of the communities served. 2

3 Developing Transition Agreements between PCTs and Local Authorities in South Yorkshire and Bassetlaw 1. Introduction Board Meeting 16 April 2012 With the passage of the Health and Social Care Bill, primary responsibility for health improvement and health protection will transfer at the national level from the NHS to Public Health England, and at local level from PCTs to Local Authorities. This is due to take place from 1 April The Department of Health has stated that it expects a shadow transfer to be in place from October 2012, with the majority public health duties to be transferred to local authorities at that time, with remaining duties transferred by end December The formal handover of all public health responsibilities must be complete by end March Transition plans will enable Councils to accept responsibility for public health functions from April An earlier transition from 1 April 2012 was sought by the Cluster Chief Executive. Councils have raised some queries and risks associated with this earlier move and have requested that moves occur in keeping with the Department of Health timeline of October Facilitation of a shadow transfer from October 2012, through local delegation, will enable a smooth transition, addressing problems before the statutory transfer whilst allowing for key issues and risks to be mitigated. This paper outlines key issues for consideration by the Board as we move toward shadow transfer. 2. Risks and Key Issues for Consideration Some key issues/risks that have been highlighted by working with key partners from within the transition planning process include: ensuring the service is deliverable within the resource allocated ensuring that relevant overhead costs are included within the financial allocation agreeing transition governance structures facilitating transfer of adequate staff capacity and skill and minimising any tensions between organisations and their cultures ensuring human resources and change management capacity required for the transition is available ensuring the service is in a position to continue delivering during transition and go live on 1 April ensuring that the role of Public Health England in supporting the local service is clear ensuring that the accountabilities/relationships with Public Health England, the Chief Medical Officer and Secretary of State for Health are clear and understood 3

4 3. Legal Implications Legal Agreements With the passage of the Heath and Social Care Bill, statutory functions and duties relating to public health services will be placed on local authorities through statute and there will be no requirement for longer term legal agreements between the Council and PCT successors. The phased transfer from October 2012 will be facilitated by PCT delegation, through a Section 75 Partnership Agreement (or other agreement locally agreed between partner agencies) until 1 April The terms of legal agreements for the transition period which will govern the transfer of services, including but not limited to employees, pensions, land and buildings, transfer and treatment of assets, the transfer and treatment of third party contracts, funding for the services and management of pooled budgets, warranties and liabilities (employment and service related) and indemnities will need to be agreed by the Councils and PCTs. Directors of Finance and Corporate Services will be given delegated power to negotiate the terms of all legal agreements required to effect the transfer of services, with advice and support from legal services and finance. Transfer of Undertakings The transferring employees will transfer to Councils from 1 st April 2013 under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), which means they will automatically transfer on the same terms and conditions of employment. Arrangements for the transition period will need to be agreed. Pensions Staff transfers between public sector bodies are required to follow the principles of the Staff Transfers in the Public Sector, Statement of Practice: Fair Deal for Staff Pensions (2000). This means that pensions for transferring staff have to be broadly comparable to those enjoyed before the transfer. An announcement from the Department of Health on whether NHS staff will be able to retain access to the NHS Pension scheme is still awaited at the time of writing. Assets Moveable Assets and Equipment A due diligence exercise will be conducted between Councils and PCTs to establish the assets relating to the transferring services. The terms for the transfer and replacement of moveable assets and equipment are to be negotiated and agreed. Contracts A due diligence exercise is being conducted to establish third party contracts relating to the transferring services, which will be novated in full to Councils. 4. Financial Implications The financial arrangements for delivery of public health services will be provided through a national allocation to local authorities. This is based on information which has been jointly provided and agreed at a local level using PCT public health system baselines and which has resulted in proposed shadow allocations for Further detail is expected late in

5 5. Current Transition Positions Per PCT Area Barnsley The final public health transition plan has been submitted to the cluster and to the Strategic Health Authority. The plan is supported by the Council and is on target to meet its timeline and key milestones. The Council is supportive in principle of the shadow transition from October NHS Barnsley and Barnsley Metropolitan Borough Council are agreeing have agreed early co-location of PCT public health staff into Council premises. Bassetlaw The Nottinghamshire PH staff (except Bassetlaw staff) are already co-located and an agreed Memorandum of Understanding between the PH team and the County Council which will last until Mar 2013 is in place, so further governance changes are not required at this stage. Doncaster The transition plan submitted to the Strategic Health Authority in March outlines in detail project planning for all aspects of the transition. The plan is supported by the Council and is on target to meet its timeline and key milestones. Cabinet met on 14 th March to approve submission of the revised assurance framework and supported shadow transfer of public health services and employees to the council from October Relocation of staff to the new council building is scheduled to take place during the shadow period, however the deadline is uncertain as a handover date for the new build has been deferred and IT transition issues not yet resolved. Rotherham Subject to further alignment of staff within NHS Rotherham to receiver organisations and the existing NHS, VR, VER scheme core public health responsibilities outlined in the Health and Social Care Bill will be met by the existing team. Transition responsibilities particularly emergency planning, health protection, screening programs and NHS Health Checks are all supported. Agreement has been reached on a consultation with staff to look towards re-location of the Public Health Team to the new Council Offices at Riverside House in early July The transition plan submitted to the SHA has been approved and cited as clear about the process. This will be submitted for Cabinet approval on 14 th March. Sheffield A paper describing the model for Public Health within Sheffield City Council was approved by the SCC Cabinet in January. A limited revision of the management structure of the Directorate has been undertaken in anticipation of progressively closer working with the Council Portfolios during the forthcoming transition year, and full transfer in April Some senior staff are already jointly appointed to both organisations. There are no plans for early physical moving of public health staff to Council offices, though the eventual movement of staff is being actively considered within the Public Health Transition Steering Group. A business plan is being drawn up for the PH function for 2012/13 which will be congruent with Council's business plans. 5

6 6. Recommendations The Board is asked to: Acknowledge the schedule of undertaking required to enable a shadow transfer to local authorities of their public health functions Approve the pursuit of a shadow transfer to local authorities of their public health functions from October 2012 with support from the PCTs in regards to legal and financial implications outlined above. Andy Buck Chief Executive April