Minute 210 (Agenda Item No. 12 refers)

Called-in by Councillors Cox and Davidson

The Committee considered Minute 210 of the meeting of the Cabinet held on 28 July 2020, which had been called in to the People Scrutiny Committee, together with a report of the Executive Director (Adults and Communities) that presented a framework setting out how the Council would implement the provisions contained within the new Care Act Easements created under the Coronavirus Act 2020.

At the request of the Committee, the Cabinet Member for Health and Adult Social Care agreed to develop an ‘easy-read’ statement of use for any implementation of the Care Act Easements and to ensure that any such implementation was undertaken with the agreement of the Chief Executive, the Leader of the Council and the Chair of the People Scrutiny Committee.

In response to a question concerning current levels of assessments and carer assessments, the Cabinet Member for Health and Adult Social Care agreed to circulate details to the Committee after the meeting.

Resolved:

That the following decisions of the Cabinet be noted:

“1. That the Care Act Easements framework that sets out how the Council would

implement the provision set out within the new Care Act easements, created

under the Coronavirus Act 2020, be approved.

2. That, following engagement with the Chief Executive, the Leader of the Council

and the Chair of People Scrutiny Committee, authority be delegated to the

Executive Director (Adults and Communities), in consultation with the Cabinet

Member for Adult Social Care and Health, to implement the Care Act Easements

framework. This would be in line with Government guidance and as referenced in

the framework and powers provided by the Care Act Easements under the

Coronavirus Act 2020.”

Note: This is an Executive Function

Cabinet Member: T. Harp

Report of Executive Director (Adults and Communities)to follow

The Cabinet considered a report of Executive Director (Adults and Communities) presenting the framework that sets out how the Council would implement the provision set out within the new Care Act easements, created under the Coronavirus Act 2020. This far reaching legislation had been enacted in response to the challenges arising from COVID -19. The Government had also published a range of guidance to support this unprecedented situation.

Resolved:

1. That the Care Act Easements framework that sets out how the Council would implement the provision set out within the new Care Act easements, created under the Coronavirus Act 2020, be approved.

2. That, following engagement with the Chief Executive ,the Leader of the Council and the Chair of People Scrutiny Committee, authority be delegated to the Executive Director (Adults and Communities), in consultation with the Cabinet Member for Adult Social Care and Health, to implement the Care Act Easements framework . This would be in line with Government guidance and as referenced in the framework and powers provided by the Care Act Easements under the Coronavirus Act 2020.

Other Options

Do nothing. However, if any of the trigger points were reached and the decision was not to enact the necessary easements then it is likely to result in urgent or acute needs not being met, potentially risking life.

Reasons for Recommendations

To ensure that the Council had an agreed framework that can be implemented if challenges resulting from covid-19 reach a critical level. Having a transparent process, that is underpinned by the Ethical Framework, with a clear rationale for any recommended actions will enable the Council to continue to safeguard vulnerable adults.

Note: This is an Executive Function

Eligible for call-in to: People Scrutiny Committee

Cabinet Member: Cllr Harp

The Cabinet considered a report of Executive Director (Adults and Communities) presenting the framework that sets out how the Council would implement the provision set out within the new Care Act easements, created under the Coronavirus Act 2020. This far reaching legislation had been enacted in response to the challenges arising from COVID -19. The Government had also published a range of guidance to support this unprecedented situation.

Resolved:

1. That the Care Act Easements framework that sets out how the Council would implement the provision set out within the new Care Act easements, created under the Coronavirus Act 2020, be approved.

2. That, following engagement with the Chief Executive ,the Leader of the Council and the Chair of People Scrutiny Committee, authority be delegated to the Executive Director (Adults and Communities), in consultation with the Cabinet Member for Adult Social Care and Health, to implement the Care Act Easements framework . This would be in line with Government guidance and as referenced in the framework and powers provided by the Care Act Easements under the Coronavirus Act 2020.

Other Options

Do nothing. However, if any of the trigger points were reached and the decision was not to enact the necessary easements then it is likely to result in urgent or acute needs not being met, potentially risking life.

Reasons for Recommendations

To ensure that the Council had an agreed framework that can be implemented if challenges resulting from covid-19 reach a critical level. Having a transparent process, that is underpinned by the Ethical Framework, with a clear rationale for any recommended actions will enable the Council to continue to safeguard vulnerable adults.

Note: This is an Executive Function

Eligible for call-in to: People Scrutiny Committee

Cabinet Member: Cllr Harp