Decision details

The Director of Social Services presented the report to Cabinet, which proposed recommendations with regards to the commissioning of domiciliary home care services.

 

The Leader thanked the Director for the report and advised that in advance of the proposals being presented, he had met with officers several times and also with Trade Unions to discuss the proposals contained within the report and to gain a further understanding of TUPE arrangements and the potential impact on staff and individuals.

 

The Cabinet Member for Health and Social Care stated that the officer proposals before Members sought to respond to increasing demand for long-term home care and would address issues of capacity experienced by all providers. The Cabinet Member stated that the revised approach aimed to achieve a sustainable model that in no way reduces the availability of the service, but would, instead, enable long-term commissioning arrangements to be improved, enhancing the experience of service users and home care workers.

 

The Cabinet Member commented that through the new approach, the Council would continue to support people to be as independent as possible by continuing to provide an in-house reablement and intermediate care service.

 

The Cabinet Member noted that the Council currently delivered just a small proportion of the long-term home care provision in Rhondda Cynon Taf, and the changes would see the remaining ten-percent transfer to external providers. It was added that reablement and intermediate care services through the Council’s ‘Support@Home’ Service would continue to be provided by the Council.

 

The Cabinet Member for Environment and Leisure advised of questions received from residents in respect of the impact the proposals could have on those individuals who need more complex care. The Cabinet Member spoke of the concern that the independent sector would not support such individuals and questioned whether the independent sector, which currently provide most of the support, include supporting the most complex of care needs to ensure independence for those individuals is maintained in their own homes.

 

The Director of Social Services advised the Cabinet Member that most of the long-term home care services were already delivered by existing independent sector providers. The Director acknowledged the concerns of residents but emphasised that the independent sector providers can and do successfully support many individuals with complex needs.

 

The Cabinet Member also sought assurance that the independent sector have access to the same level of training as Council staff. The Director confirmed that independent providers can and do access the same training and development through the Regional Workforce Development Partnership, which was hosted by the Council.

 

In respect of the query highlighted with training and development, the Leader further questioned whether the independent providers access the training available and the Director confirmed that regional workforce meetings take place on a quarterly basis, whereby performance is monitored in respect of both in-house training attendance and equally, the independent sector.

 

The Cabinet Member for Development and Prosperity questioned whether it would be possible for independent providers to be mandated to both recognise Trade Unions and encourage staff membership, if the proposal were to be approved. The Cabinet Member questioned whether the current independent providers recognise Trade Unions and whether it could be built into the wider retender process going forward, if supported. The Director of Human Resources advised that in terms of the requirement, it could be included within the tender documentation but not necessarily, legally enforced. The Director added that, to the best of his knowledge, the independent sector already work alongside Trade Unions so did not anticipate any issues with the Cabinet Member’s suggestions.

 

The Cabinet Member for Climate Change and Corporate Services noted that the financial implications from the proposal would be built into the Medium-Term Financial Plan and requested further information.

 

The Service Director of Finance and Improvement Services noted that the report set out the hourly rate differential between the independent sector and the in-house service; and emphasised that this was based on current rates enforced. It was explained that, whilst multiplying the differential by the number of hours currently provided by the internal service was straight forward and amounted to around £1.5M, it needed to be considered in the broader context of:

·       The retender exercise, market forces and how the independent sector responds;

·       The new geographically zoned arrangements being offered to the market; and

·       The fact that tenderers would be instructed to accept the requirements of TUPE and continued Local Government Pension Scheme membership for transferring staff. 

 

The Service Director continued and explained that the above-mentioned ‘unknowns’ make it difficult to project with certainty the financial implications, albeit the proposal as packaged does provide the market with a more efficient operating model to tender for. The Service Director concluded by explaining to Cabinet Members that a more cost-effective service was expected, this being set against the £35M budget gap faced by the Council for next financial year.

 

The Cabinet Member for Public Health & Communities acknowledged the concern amongst the workforce in respect of the proposals. The Cabinet Member noted that, if approved, eligible staff would transfer through TUPE and questioned whether the existing terms of conditions would be protected and whether access to the Local Government Pension Scheme would be maintained.

The Director of Human Resources confirmed that TUPE would protect staff’s existing terms and conditions of employment. In respect of the Local Government Pension Scheme, the Director advised that whilst TUPE regulations do not state access to the Local Government Pension Scheme, the Council would follow the current Welsh Government’s guidance on TUPE, which stipulates that Local Authorities include access to the Local Government Pension Scheme. Therefore, if approved, the Council would include the requirement within any tender documentation which would mean that staff would continue to have access to the scheme.

 

The Leader questioned whether the pension would be protected in the same way as the Council’s pension scheme and sought assurance that there would be no risk of this being changed in the future. The Director advised that individuals would have ‘admitted body’ status into the RCT pension fund and would have the option to transfer their current RCT service into the new pension fund. The Director advised that as far as he was aware, once admitted body status is achieved, there would be no risk of this being changed in the future but that he would clarify this with the Council’s pension section.*

 

The Leader questioned whether this could be stipulated within the contract monitoring to ensure individual’s pensions aren’t adversely affected. The Director of Social Services confirmed that it could be ensured, through the Council’s in-house contract monitoring service, that any providers are compliant with tender specification and contract specification.

 

The Cabinet Member for Education, Youth Participation and Welsh Language noted that concerns had been expressed that the proposals would affect the Council’s ability to safely respond and manage any future social care crisis.

 

The Director of Social Services advised that he had confidence that the market would be able to meet any future service pressures. The Director explained that during times of increased pressure, the Council already work with the independent sector to meet demand based on assessed need and risk. It was noted that whilst it was proposed that the Council transfers the remaining 10% of its in-house long-term home care services to commissioned independent sector providers, the Council would not be depleting the overall capacity of long-term home care provision. The Director felt that making the proposed changes would result in increased capacity that would help to better deal with increase demand pressures in the future.

 

The Cabinet Member for Development and Prosperity spoke of the current financial climate and the situation which required Members to make difficult decisions, which includes ensuring the delivery of services is as effective and efficient as possible. The Cabinet Member stated that the level of care provided in communities should be the key consideration and that the report before Members proposes that the Council continues to deliver all reablement and intermediate care in-house.

 

With the agreement of the Leader, the following Non-Committee Members were granted permission to address the Cabinet:

·       County Borough Councillor K. Morgan

·       County Borough Councillor C. Lisles

 

With the agreement of the Leader, the following Trade Union representatives were granted permission to address the Cabinet:

·       Mr P Crews (Unison)

·       Mr G Morgans (GMB)

 

N.B- Following the contributions of the speakers listed above, the Leader was handed a petition in respect of the matter.

 

In response to the comments made by Non-Committee Members and Trade Union representatives, the Director of Social Services advised that, to his knowledge, the Council had not stopped providing in-house packages of care and that he would investigate the matter. In terms of communication and information sharing, the Director stated that, given the size of the workforce, it was extremely difficult to ensure staff receive the information first-hand and at one time but, in this case, staff had been contacted through the mobile app and email; and confirmed that service users had been contacted later that day. Despite this, the Director acknowledged that some service users were aware before some staff members.

 

*Following clarification of the Leader’s question in respect of whether the pension would be protected in the same way as the Council’s pension scheme, the Director of Human Resources advised that as part of the admitted body status, a Pension Fund Admission Agreement would be put in place. It was explained that the agreement is a legal binding triparty document between the Provider, the Council and the Pension Fund.  As such, between this and the TUPE wording, which would be included within the Tender documentation, the Provider would not be permitted to withdraw for the Fund so staff would remain in the Local Government Pension Scheme.

 

The Cabinet Member for Health and Social Care acknowledged the difficult decision before Members. However, the Cabinet Member noted that, if approved, the local authority would continue to deliver all reablement and intermediate care in-house; would make the sector more resilient; and by providing the service in more co-ordinated way, should improve staff recruitment and retention. The Cabinet Member was satisfied by the advice received by officers at the meeting and felt that the plans would have no impact upon the level of care in the community.

 

The Chief Executive took the opportunity to summarise comments to assist the Cabinet in its deliberation. The Chief Executive reiterated that the Director of Social Services was advising Cabinet that, in recommissioning its long-term support, the Council would move to a more efficient model that secures the provision for the most vulnerable residents going forward. The Chief Executive clarified that the proposal was primarily a recommissioning exercise for long-term care and support across the County Borough and stated that it was incumbent on the Director of Social Services to review the operating model at such times, to ensure that it is fit for purpose. The Chief Executive continued and explained that the proposal would move to a new operating model for care and support, which includes the small, but nonetheless valuable, in-house provision. The Chief Executive clarified that, if approved, the move would shift to an outcome-based model and would introduce a geographical zoning proposal to maximise efficiency and in doing so, increase much needed capacity in the sector. The Chief Executive assured the Cabinet that if approved, the staff affected would have full protection through TUPE and would continue to access the Local Government Pension Scheme. The Chief Executive emphasised that the proposals before Cabinet Members would not reduce or cut domiciliary care services but would protect the service through a more resilient service model, during the challenging financial climate.

 

The Cabinet Member for Environment and Leisure recognised that the proposed changed would cause anxiety amongst staff but hoped that the reassurance provided by officers at the meeting would alleviate the concerns to a degree. The Cabinet Member was satisfied, based upon the information contained within the report and the responses of officers, that the proposal would have no impact on the care provided.

 

The Leader noted that a small number of staff would not be eligible for TUPE and suggested that an additional recommendation be added to ensure that no compulsory redundancies are taken forward through the implementation of these proposals. The Director of Human Resources confirmed this and explained that any individuals identified as ineligible would be provided with options such as redeployment and voluntary early redundancy.

 

Prior to any decision being made by the Cabinet, the Leader emphasised the importance of referencing the three points made by Members at the meeting in respect of the protection of membership for staff within the Local Government Pension Scheme, the recognition of Trade Unions to be factored in and that no compulsory redundancies are to be taken forward. As such, the Service Director of Democratic Services and Communication put forward the following additional recommendations for Member consideration:

 

2.5      The protection of membership for staff within the Local Government Pension Scheme to be factored into the procurement process to be taken forward;

2.6      The recognition of Trade Unions to be factored into the procurement process to be taken forward; and

2.7      That no compulsory redundancies are taken forward through the implementation of these proposals.

 

Members were content with the assurances and additional recommendations proposed by the Leader.

 

The Cabinet RESOLVED:

 

1.  To consider the information provided in this report, the Equality Impact Assessment (including Socio-Economic Duty) and Welsh Language Impact Assessment;

2.    To approve that all reablement and intermediate care services continue to be delivered by the Council’s in-house ‘Support@Home’ Service as set out in paragraph 5.1 of the report;

3.    To approve that all long-term home care is commissioned from external home care providers as part of a full retender of the current framework contract and a new contract awarded from 1^st October 2024 as set out in paragraph 5.2 of the report;

4.    To approve the retender of the long-term home care on the basis of outcomes to be achieved and organised within specified geographical zoned areas as set out in paragraph 5.6 of the report; and

5.    That the Director of Social Services is delegated authority, in conjunction with the Portfolio Holder, to award contracts following completion of the retender process and to make all necessary arrangements for the subsequent transfer.

 

In addition to the above-mentioned recommendations (2.1 to 2.5) as contained within the report, the Cabinet RESOLVED:

6.   The protection of membership for staff within the Local Government Pension Scheme to be factored into the procurement process to be taken forward;

7.   The recognition of Trade Unions to be factored into the procurement process to be taken forward; and

8.   That no compulsory redundancies are taken forward through the implementation of these proposals