Agenda item

The Board considered a joint report of the Director of Finance (Oldham Council) and the Chief Finance Officer (Oldham CCG) that sought approval for the final version of the 2021/22 Oldham Section 75 legal document and financial contributions of the Oldham CCG and Oldham Council. The report also updated the Commissioning Partnership Board on proposals for the final version of the Section 75 legal agreement.

The Board were advised that section 75 (S.75) agreements existed between Local Authorities and the NHS nationally for the pooling of budgets to facilitate closer working. Oldham Council and Oldham CCG had been entered into such an agreement for some years. Originally the S.75 agreement covered expenditure funded by the Better Care Fund. The agreement was initially expanded to include the Improved Better Care Fund and the Winter Resilience Grant. The Council and the CCG had subsequently chosen to further widen the scope of the agreement to incorporate several areas where services were commissioned jointly. The main purpose was to facilitate a whole system approach to deliver care where and how it can be best delivered to the citizens of Oldham.

The report emphasised that Oldham system had a strong history of joint working and of different organisations providing support where flexibility allowed. 

Contributions for the Council and CCG had been updated based on 2021/22 budgets, as reported, and agreed by each organisation separately. The Council’s contribution was based on the same principles and services that were incorporated into the 2020/21 agreement.

The CCG’s contribution to the S.75 agreement had been enhanced for 2021/22 as part of an increase to the “Pooled Aligned” budget. This changed the scope of the agreement so that the CCG’s contribution was expanded from set items, to broadly include all items which could be legally included in the pooled fund. However, this only represented the production of further items of expenditure into the view of the Council; it did not create new expenditure or create a new risk for the Council.

It was reported that both parties potentially had the scope to vary their contributions over the course of the financial year. Both Oldham Council and Oldham CCG requested approval to delegate jointly to the Council’s Director of Finance and to Oldham CCG’s Chief Financial Officer to agree the management of ‘year-end’ flexibilities.

Resolved:

1.    That the Board notes the strong history of joint working and funding arrangements in Health and Social Care in Oldham.

2.    That the Board approves the continuation of the Scheme for Hospital Discharge Programme funding as described below and included as “Scheme D” in the Section 75 documentation.

3.    That the Board notes the significant challenges in Oldham Council’s long term financial position and specifically the increases in funding that it has provided to Adult Social Care over the past several years.

4.    That the Board approves the Section 75 Agreement as attached at Appendix 1, of the submitted report, and specifically the intention to adopt a flexible approach to contributions to support delivery of the best services for Oldham residents. 

5.    That the Board authorises Oldham Council’s Director of Legal Services to sign the Section 75 Agreement on behalf of Oldham Council.

6.    That the Board delegates approval jointly to Oldham Council’s Director of Finance and to Oldham CCG’s Chief Finance Officer to finalise the financial expenditure and contribution figures included at Schedule 8 of Appendix 1, of the submitted report, as part of the year-end processes.