The report presents an update of the current position with regard to contractual arrangements following receipt of correspondence from the contracted NHS organisations regarding the decision of the Committee.

Resolved (7:2) (2 abstentions) – That in response to the Trust position regarding transfer of social care, the Committee would expect that we secure a safe, effective, and timely transfer that puts staff at the centre of the process. The proposed date of 1^st April is likely to be challenging. Committee would therefore propose a formal project plan is negotiated and agreed between the Local Authority and the Trust setting out the timeline required to both meet these objectives and mitigate against risk to both organisations and ensure seamless care for people who use the services and request the Director of Care and Health to provide an update report to the March 2023 Adult Social Care and Public Health Committee.

One of the Council’s two contractors for social care has rejected the Councils offer of a further one-year contract extension from September 2023 until September 2024. The Trust has advised that this is specifically due to perceived risk to the Trust. WCHCFT has subsequently notified the Council of its purported termination of the current contract and intention to return the provision of social care services to the Council by 1 April 2023. Written notice was provided by WCHCFT on 6 December 2022, with a request that the Council considers an option to extend a five-year contract to WCHCFT as an alternative.

Option One

To agree to WCHCFT’s reduced notice period and complete transfer of staff based upon the deadline of 1 April 2023. This option recognises that the Trust has made a decision to withdraw based upon the risks that they have identified. Return by April 2023 is a very tight deadline and would present risk to the Council in terms of deliverability. Human Resources’ advice regarding delivery of the deadline is being sought.

Option Two

Require WCHCFT to provide a longer period of notice to comply with the contractual requirement which provided for 12 months’ notice of termination from either party. As the current contract will expire in less than 12 months it would have reasonably been expected by the Council that at minimum, notice would be given to the end of the current contract extension, which is 30 September 2023.

Option Three

To accept WCHCFT’s offer of a longer contract extension period of up to 5 years. This would take the contract period up to 30 September 2027, depending upon negotiation.