Joint Commissioning Group

This memorandum of understanding is made on 14th December 2006 and amended on 12th March 2007

Between

1. Tameside Metropolitan Borough Council of) Council Offices, Wellington Road, Ashton under Lyne, OL6 6DL
2. Tameside and Glossop Primary Care Trust of New Century House, Progress Way, Windmill Lane, Denton, M34 2GP
3. National Probation Service, Tameside of Francis Thompson Drive, Ashton under Lyne

• Dates of Future Meetings
• General
• Duties
• Terms of Reference
• Membership and Decision Making
• Meetings

Dates of Future Meetings

• To be advised 

1. General

1. The Supporting People Programme Grant (incorporating the Supporting People Programme Grant Conditions and Directions) Local Government Finance, 1 April 2006 require Administering Authorities to establish a Commissioning Body with representatives of the local authority, the Primary Care Trust and the local probation board. The Grant Directions further state that the Administering Authority should have a memorandum of understanding with the Commissioning Body that describes how the Administering Authority and the Commissioning Body will allocate and co-ordinate Supporting People work.
2. Tameside MBC has been classed as an excellent authority under the Comprehensive Performance Assessment and is subject to the “Supporting People Programme Grant for Excellent Authorities ( England) Grant Conditions 2006)”
3. As a result of the Comprehensive Performance Assessment excellent authority status Tameside MBC is exempt from the requirement to enter into a memorandum of understanding, however, for the purposes of good governance and in particular for transparency, audit purposes, financial probity and in line with good practice, Tameside MBC has agreed that a memorandum of understanding should be entered into and agreed.
4. Tameside MBC is the Administering Authority for the Supporting People programme in Tameside and will use its best endeavours to enable the Tameside Supporting People Joint Commissioning Group to carry out its functions and responsibilities. The Council will provide the Joint Commissioning Group with advice and information about the Supporting People programme and will alert the Joint Commissioning Group to matters requiring consideration and agreement. The responsibility of the Council will be delegated to the Executive Director Social Care and Health, who will discharge the relevant roles and responsibilities of the Administering Authority through the Accountable Officer for Supporting People.
5. Both The Joint Commissioning Group and the Council in its capacity as Supporting People Administering Authority will comply with the Directions and Regulations of the Department for Communities and Local Government in respect of their respective functions and responsibilities for the Supporting People programme.
6. This Memorandum of Understanding describes how the Council and Commissioning Group will allocate and co-ordinate work in relation to the delivery of the Supporting People programme and will be reviewed annually.
7. The decisions of the Council in relation to Supporting People will be subject to its Constitution, including arrangements for scrutiny.
8. This Memorandum of Understanding sets out the expectations of the parties and the basis on which they will use their reasonable endeavours to collaborate and co-operate with each other in delivering Supporting People in Tameside. This Memorandum is not intended to be legally binding and shall not require any party to undertake any activity which is outside its objects and powers. The parties will jointly review this Memorandum in the light of emerging legislation, guidance and directions, any change in the status of the parties and the developing needs of the people of Tameside.

2. Duties

1. Tameside MBC as the Administering Authority has the appropriate legal status to receive the Supporting People grant. The Joint Commissioning Group is therefore unable to receive directly the Supporting People Grant nor establish directly contracts for services. The Council as Administering Authority will carry out these functions on as host authority for the Joint Commissioning Group.
2. The Tameside and Glossop Primary Care Trust will designate a suitably qualified representative who has the authority to make decisions on the tasks set out in paragraph 3.2. The Primary Care Trust representative is responsible for:
   1. assisting the Administrative Authority to build links with a broad spectrum of health sector agencies and partners
   2. assisting the Administering Authority in identifying, gathering and sharing data to help determine the need for housing related support needs in the local area
   3. ensuring the PCT Board is briefed on the Supporting People programme and the contribution it makes to achieving PCT objectives
3. The National Probation Service, Tameside will designate a suitably qualified representative who has the authority to make decisions on the tasks set out in paragraph 3.2. The National Probation Service representative is responsible for:
   1. Assisting the Administrative Authority to build links with a broad spectrum of criminal justice agencies and partners
   2. Assisting the Administrative Authority in identifying , gathering and sharing data to help determine the need for the housing related support needs of offenders in the local area
   3. Ensuring the Probation Board is briefed on the Supporting People programme and the contribution it makes to achieving National Probation Service objectives.
4. The Joint Commissioning Group will direct the Council through the Supporting People Strategy and annual plan on the use and application of Supporting People Grant.
5. The Supporting People Strategy and annual plan agreed by The Joint Commissioning Group will be subject to the approval of the Council's Cabinet and associated decision making apparatus, including where required, relevant scrutiny committees before being forwarded to the Department for Communities and Local Government for information.
6. Before agreeing the Supporting People Strategy and annual plan, the Joint Commissioning Group will be responsible for ensuring that appropriate prior consultation with relevant stakeholders takes place. The relevant stakeholders will be determined by the Joint Commissioning Group in advance of consultation taking place.
7. Any proposed variation by the Council's Cabinet to the Joint Commissioning Group's approved Supporting People Strategy and annual plan will be referred back to the Joint Commissioning Group for agreement.

3. Terms of Reference

Functions and Responsibilities of The Joint Commissioning Group

1. The functions of The Joint Commissioning Group are to:
   • Agree the Supporting People Strategy and annual plan having regard to any guidance issued under section 93 - 95 of the Local Government Act 2000.
   • Consider any significant changes to the approved Supporting People Strategy and annual plan
   • Review the approved Supporting People Strategy and annual plan in accordance with any guidance given by the Secretary of State under section 93 of the Local Government Act 2000.
   • Approve the commissioning and decommissioning of Supporting People eligible schemes in the Tameside MBC
     
2. The Joint Commissioning Group will:
   • Detail a description of the classes of service users and their actual and predicted needs
   • Consider the nature and level of existing service provision
   • Detail and explain the consultation undertaken with service providers, service users and other stakeholders
   • Identify failing provision and the need for any required changes
   • Consider the level and potential requirements for cross-authority service provision
   • Approve a review and monitoring programme of all existing services
   • Approve priorities for the commissioning of new or amended services
   • Approve the allocation of Supporting People Grant for each welfare service category for DCLG monitoring purposes
   • Describe any new high-cost projects
   • Approve the rules for the charging of service recipients
   • Monitor the output of the Supporting People Appeals Panel and approve the course of action required in an appeals case taken out against the Administering Authority.
   • Receive reports on the outcome of Contract Reviews and approve recommendations
   • Receive reports on SP expenditure against the SP budget
     
3. The Joint Commissioning Group may request such advice, reports or other information, as it considers necessary for the discharge of its duties and responsibilities

   Functions and Responsibilities of the Council as the Administering Authority

4. The functions of the Council are to:
   • Use its best endeavours to enable the Joint Commissioning Group to carry out its functions and responsibilities
   • Ensure appropriate administrative systems are in place to enable effective management of all Supporting People activities - especially in the administration and financial control of the Supporting People programme
   • Compile and maintain up to date information on all Supporting People funded services in the Joint Commissioning Group area
   • Ensure that Supporting People Grant is used only for the purposes prescribed by central government
   • Ensure financial commitments do not exceed Tameside's Supporting People Grant allocation
   • Ensure that the Joint Commissioning Group work programme is synchronised with national timetables for capital and revenue bid processes
     
5. The Council will in particular:
   • Assist The Joint Commissioning Group in preparing the Supporting People Strategy and annual plan
   • Report regularly to Commissioning Group on spending and commitments
   • Advise the Joint Commissioning Group on national and regional funding opportunities, bidding options and outcomes
   • Refer any proposed significant changes needed to the Strategy or annual plan for the Joint Commissioning Group's consideration
   • Implement the approved service review and monitoring programme, and report on exceptions to the Joint Commissioning Group
   • Enter into contracts for new or amended services as approved by the Joint Commissioning Group and in accordance with the Council's Constitution (including Procurement Standing Orders)
   • Advise the Joint Commissioning Group on requirements in respect of cross-authority services
   • Advise the Joint Commissioning Group on financial and compliance matters

   Links to other bodies

6. The Tameside MBC Supporting People Commissioning Group is linked to the wider structures of health and social care and community safety structures within the local community.
7. The Joint Commissioning Group shall consult the members of appropriate groups within the Borough concerning the Supporting People Strategy and Annual Plan.

4. Membership and Decision Making

Membership

1. The Joint Commissioning Group will comprise of representatives of Tameside MBC, National Probation Service Tameside and the Tameside and Glossop Primary Care Trust
2. Agreed membership at March 2007 is as follows:

   Chair

   Independent individual

   Voting Members

   Service Unit Manager, Housing Services, Economy and Environment

   District Manager, National Probation Service, Tameside

   Head of Adults Joint Integrated Commissioning Tameside and Glossop Primary Care Trust

   Non-voting members of The Joint Commissioning Group

   Assistant Executive Director, Housing and Community Regeneration, Economy and Environment. (Accountable Officer.)

   Service Unit Manager, Financial Services, Social Care and Health

   Joint Head of Community Safety, Corporate Services

   Director of Childrens Services, Children and Young People

   Director, Tameside Third Sector Coalition

3. Membership of The Joint Commissioning Group will be reviewed annually.
4. The Joint Commissioning Group will review the Chair annually
5. The Council in consultation with The Joint Commissioning Group will agree additional Council, Care Trust and Probation representation as appropriate and subject to compliance with Government directions.
6. Each member will nominate a substitute to attend Commissioning Group meetings that the member concerned is unable to attend.
7. Each member is responsible for ensuring that they feedback information about the Supporting People programme to their respective management teams and partnership group (where relevant), and that they feed in information from these groups to Joint Commissioning Group discussions.

   Decisions

8. Each member or substitute member will have one vote. Votes will have equal weight.
9. Officers in attendance in accordance with Paragraphs 5.5 and 5.6 will not have voting rights.
10. Decisions will be made on unanimous vote.
11. Decisions will have no effect and will not be implemented where they conflict with relevant advice of the Council on financial, legal or compliance matters.
12. In the event of members of The Joint Commissioning Group failing to agree the Supporting People Strategy or annual plan or if it disagrees with the Council's advice, then in the first instance members of the Joint Commissioning Group will use their best endeavours to come to an agreement. If members of the Joint Commissioning Group can not resolve their disagreement then the issue will be referred to the appropriate line manager, or equivalent of each representative to seek a solution. So that the local authority will refer the issue to the appropriate Executive Director, the Probation Service will refer the issue to the appropriate Assistant Chief Officer and the Primary Care Trust will refer the issue to the Chief Executive. If this approach fails then the Joint Commissioning Group or the Council may submit the matter to the Secretary of State for direction from him/her under Section 93(9) of the Local Government Act 2003.

    Conflict of Interest

13. For the purpose of this memorandum of agreement conflict is interest is defined as : "a situation in which a person, such as a public official, an employee, or a professional, has a professional, private or personal interest sufficient to appear to influence the objective exercise of his or her official duties".
14. Each member is responsible for ensuring that the Joint Commissioning Group is aware of any conflict of interest prior to any discussion or decision relating to the area of conflicted interest. The Joint Commissioning Group may require that a substitute member from that partner body should replace the conflicted member for that item, or the partner may agree to abide by the remaining two partners' decision on that item.

5. Meetings

1. A meeting of The Joint Commissioning Group will only be considered quorate if at least two voting members or substitute members are present.
2. Meetings will be held quarterly and subject to review on an on-going basis.
3. Minutes of meetings will be kept and published to any relevant party within 10 working days of the meeting taking place.
4. The minutes and supporting documents will be distributed within 10 working days of The Joint Commissioning Group meeting, and non-attendees will have 5 working days from the date of distribution to respond. If no response is received after that time the non-attendee will be deemed to have agreed the minutes and any actions proposed
5. The following officers of Tameside MBC will attend meetings to advise and assist Commissioning Group members:
   • Service Unit Manager, Housing Services
   • Principal Housing Strategy Officer (Supporting People)
   • Project Officer, Supporting People
   • Other members of the SP team as appropriate
6. Members may invite other officers to attend as and when appropriate for the duration of specific and identified items of business only.