Public Session Report to Trust Board on 30th April by MichaelChoate

VIEWS: 4 PAGES: 17

									                                                Public Session

                           Report to Trust Board on 30th April 2008

Partnership Agreement to improve the Well-Being of Children in the East
                         Riding of Yorkshire

Background

The Children Act 2004 places a statutory duty on agencies to co-operate to
improve the well-being of children with Local Authorities designated lead
agencies.
In November 2005 the Board agreed to become a signatory to a partnership
agreement to co-operate to achieve the aims and objectives of the East
Riding Children and Young People Plan (CYPP) 2006-2008.

Key Themes

A more detailed review of the Partnership Agreement will take place early
2009 alongside a review of the CYPP which will need to explore issues such
as inclusion of schools and parental influence and meet new DCSF guidance
which is due to be issued shortly.

In the interim the existing partnership agreement has been refreshed to reflect
the following changes.

Update of the names of partners and membership of the Every Child Matters
Steering Board, further details of the proceedings of this Board plus additional
governance functions.

The responsibilities of the Commissioning and Delivery Executive Committees
have been outlined.

The partnership agreement helps the Trust evidence our operating principles
that we are maintaining and developing strong partnerships which support the
delivery of our strategic goals, bringing benefits for the communities we serve

Recommendations

The Board are asked:

      •    To agree to the Trust signing the partnership agreement.

Report prepared by: Angie Mason, Director of Nursing and Service
                    Delivery


C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
                    DATED the                    day of                                  2008




                  (1)     EAST RIDING OF YORKSHIRE COUNCIL
                  (2)     HUMBER MENTAL HEALTH TEACHING
                          NHS TRUST
                  (3)     EAST RIDING OF YORKSHIRE PRIMARY
                          CARE TRUST
                  (4)     HUMBERSIDE POLICE AUTHORITY
                  (5)     CONNEXIONS HUMBER LIMITED
                  (6)     LEARNING AND SKILLS COUNCIL FOR
                          ENGLAND
                  (7)     NORTH BANK FORUM




                            PARTNERSHIP AGREEMENT
                  pursuant to section 10 of the Children Act 2004 to improve the
                      well being of children in the East Riding of Yorkshire


                                                  EJW/59006




C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
                                      ARTICLES OF AGREEMENT

THIS AGREEMENT is an arrangement made pursuant to section 10 of the Children Act 2004
this        day of                        2008

BETWEEN such of the following Partners who have executed this Agreement

          (1) EAST RIDING OF YORKSHIRE COUNCIL whose main offices are at County
              Hall Beverley in the East Riding of Yorkshire HU17 9BA and

          (2) HUMBER MENTAL HEALTH TEACHING NHS TRUST whose main
              offices are at Willerby Hill Willerby in the East Riding of Yorkshire HU10 6ED and

          (3) EAST RIDING OF YORKSHIRE PRIMARY CARE TRUST whose main
              offices are at Health House Grange Park Lane Willerby in the East Riding of
              Yorkshire HU10 6DT and

          (4) HUMBERSIDE POLICE AUTHORITY whose main offices are at Pacific
              Exchange, 40 High Street, Hull, HU1 1PS and

          (5) CONNEXIONS HUMBER LIMITED whose main offices are at Priory House
              Saxon Way Hessle in the East Riding of Yorkshire HU13 9PB and

          (6) LEARNING AND SKILLS COUNCIL FOR ENGLAND whose Humber Area
              offices are at First Floor Earls Court Henry Boot Way Hull HU4 7DY and

          (7) NORTH BANK FORUM whose main offices are at Titus Salt House Newland
              Cottingham Road Kingston upon Hull HU6 7RJ

WHEREAS

(1)           The signatories to this Agreement recognise their statutory duty to co-operate under
              the Act and have agreed to be bound together under the terms of this Agreement to
              work together to achieve the Aims and Outcomes

(2)           The Partners may establish a pooled fund in accordance with the principles set out
              herein

(3)           Partners may execute this Agreement at any time and shall be bound by its terms and
              subject to its liabilities (if any) and benefits from the date of this Agreement.

NOW IT IS HEREBY AGREED BETWEEN THE PARTNERS as follows -

1.            In accordance with section 10 of the Act and all other enabling powers the Partners
              agree that with effect from the date of their respective execution of this Agreement
              they will co-operate to achieve the Aims and Outcomes and requirements of clause 3
              of the Terms and Conditions and any other objectives which the Partners may
              from time to time agree to pursue in the best interests of the Children of the East
              Riding of Yorkshire and in doing so will have regard to the importance of parents and
              other persons caring for Children

2.            The Partners each agree and warrant to the others that they will have regard to any
              guidance issued by the Secretary of State under the Act and to

              2.1 act in good faith;

C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
              2.2 use reasonable skill care and diligence;
              2.3 act in accordance with the Terms and Conditions set out herein;
              2.4 use the highest professional standards;
              2.5 act in accordance with any and all relevant Codes of Practice, Regulations,
                  British or EU quality standards, and
              2.6 take account of any time-scales laid down by or under this Agreement from time
                  to time.

3.            The Partners will as soon as reasonably practical align their respective budgets in
              accordance with the principles set out in Clause 4

4.           The Partners each agree and warrant to each other that they will within available
             budgets promptly make arrangements for ensuring that

             4.1    their functions are discharged having regard to the need to achieve the
                    Outcomes; and
             4.2    where they procure any services from another person in the discharge of their
                    functions they are provided with regard to the need to safeguard and promote
                    the welfare of Children

IN WITNESS whereof the Partners have executed this Agreement as a deed the day and year
first before written



EXECUTED AS A DEED                       )
THE COMMON SEAL                          )
EAST RIDING OF YORKSHIRE COUNCIL)
Was hereunto affixed in the presence of: )

Authorised Signatory


EXECUTED AS A DEED                                  )
HUMBER MENTAL HEALTH                                )
TEACHING NHS TRUST                                  )
In the presence of:


Authorised Signatory



EXECUTED AS A DEED                                  )
EAST RIDING OF YORKSHIRE                            )
PRIMARY CARE TRUST                                  )
In the presence of:



Authorised Signatory




C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
EXECUTED AS A DEED                                            )
HUMBERSIDE POLICE AUTHORITY                                   )
In the presence of:



Authorised Signatory


EXECUTED AS A DEED                                            )
CONNEXIONS HUMBER LIMITED                                     )
In the presence of                                            )



                                                              Director


                                                              Director



EXECUTED AS A DEED                                            )
LEARNING AND SKILLS                                           )
COUNCIL FOR ENGLAND                                           )
In the presence of


Authorised Signatory




EXECUTED AS A DEED                                            )
NORTH BANK FORUM                                              )
In the presence of



Authorised Signatory




C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
                                       TERMS AND CONDITIONS

This Agreement shall be regulated by the following terms and conditions –

1.0       DEFINTIONS AND INTERPRETATION

1.1       “the Act” shall mean the Children Act 2004.

1.2       “the Agreement” shall mean this Agreement.

1.3       “Aims” means any of the following -

               delivery of the Children and Young People’s Plan
               child-centred, outcome-led vision: an outcome-led vision which must be informed
               by the views of local children, young people and their families;
               integrated front-line delivery: client-centred delivery, which is not constrained by
               professional boundaries or existing agencies;
               integrated processes: at all levels of delivery, process, strategy and governance;
               effective joint working sustained by a common language and shared processes,
               including a Common Assessment Framework;
               integrated strategy (joint planning and commissioning): joint assessment of local
               needs, set against the outcomes; identification of available resources; integrated
               planning; joint commissioning of services – these may be supported by shared
               resources and pooled budgets;
               inter-agency governance: robust governance arrangements for inter-agency co-
               operation, to set a framework of accountability for the delivery and improvement of
               effective services.
               monitoring and performance of service integration and delivery to ensure quality and
               effective partnership arrangements
               consultation and engagement of stakeholders.
               oversight and development of the children’s workforce.
               the Annual Performance Assessment (APA) of Children and Young People’s
               Services.

1.4       “Best Value” shall mean the same as in the Local Government Act 1999 and any
          regulations or guidance issued thereunder.

1.5       “Board” shall mean the Every Child Matters Steering Board established by the Council
          and comprising of the following persons or their equivalent post holders should any be
          replaced by the Partner employing such post holder -

          Chief Executive of East Riding of Yorkshire Council                                           Chair
          Director of Children Family and Adult Services                                                Vice Chair

          Chief Executive of East Riding of Yorkshire Primary Care Trust
          Director of Operations of Humber Mental Health Teaching Trust
          Partnership Director Learning Skills Council or their successor
          Chief Executive North Bank Forum
          Chief Executive Hull and East Yorkshire Hospital Trust
          Chief Executive of Connexions
          Chief Superintendent Police Authority

1.6       “Children” and “Child” shall mean a person under the age of 18 subject to the
          provisions of section 9 of the Act.



C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
1.7       “Children and Young People’s Plan” shall mean the contribution the Partners will
          make to the Council’s Children and Young People’s Plan as set out in the First
          Schedule and which will be developed and agreed by the Partners from time to time
          taking into account national guidelines and regulations, to achieve the Aims and
          Outcomes and which will incorporate the principles of Best Value and continuous
          improvement.

1.8       “the Council” shall mean East Riding of Yorkshire Council.

1.9       “Director” shall mean the Director of Children, Family and Adult Services for the time
          being of the Council.

1.10      Key Performance Indicators” shall mean any indicators as to performance of the
          Council or the other Partners in relation to the Aims as issued by or on behalf of the
          Audit Commission or the Secretary of State or otherwise from time to time.

1.11      “the Management Teams” shall mean the management teams established by the
          Partners pursuant to clause 2.3.

1.12      “Outcomes” shall mean the improvement of the well-being of Children in the East
          Riding of Yorkshire so far as relating to -

          •    Staying safe: being protected from harm and neglect.
          •    Being healthy: enjoying good physical and mental health and living a healthy lifestyle.
          •    Enjoying and achieving: getting the most out of life and developing skills for
               adulthood.
          •    Social and economic well-being: not being prevented by social and economic
               disadvantage from achieving their full potential in life.
          •    Making a positive contribution to society: being involved with the community and
               society and not engaging in anti-social or offending behaviour.

          and the outcomes set out in the Children and Young People’s Plan.

1.13      “Partners” shall mean the Partners who have executed this Agreement at any time and a
          reference to “Partner” shall mean one the Partners as relevant to the clause in which it
          is used.

1.14      “Partnership” shall mean the arrangements the subject of this Agreement.

1.15      “Pooled Fund” shall have the meaning set out in section 10(7) of the Act.

1.16      “Regulations” shall mean any Regulations issues by the Secretary of State under the
          terms of the Children Act 2004.

1.17      “the Secretary of State” means the Secretary of State for Children, Schools and
          Families for the time being or such other Minister of HM Government who from time
          to time has responsibility for Children.

1.18      A reference to a statute enactment order or regulation or similar instrument shall be
          construed as a reference to the statute enactment order or regulation or instrument as
          amended by any subsequent statute enactment order or regulation or instrument or any
          re-enactment thereof.




C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
2.0       GOVERNANCE

          Board

2.1       The Partners shall establish the Board and each Partner will provide an appropriate
          senior representative to the Board and in particular such representative shall be such
          person as the Secretary of State may prescribe by Regulations. Each Partner shall advise
          the other in writing of the name and designation of the persons nominated by them to
          the Board within seven days of such nomination or replacement nomination. The Board
          shall conduct its proceedings in accordance with those matters set out in the Second
          Schedule.

2.2       The Partners agree that the attainment of the Aims and Outcomes shall be managed by
          the Board in accordance with the Partners respective statutory duties and in particular
          the Board shall undertake the following functions –

2.2.1     To ensure the effective delivery of the Children and Young People’s Plan;

2.2.2     To advise the governing body of each Partner on the taking of such steps as the Board
          considers are required to ensure that the Children and Young People’s Plan is delivered.

2.2.3     To receive from the Commissioning and Delivery Management Teams and consider
          quarterly and annually service, financial and such other monitoring reports as it may
          require on the delivery of the Children and Young People’s Plan.

2.2.4     To determine policy in relation to the delivery of the Children and Young People’s Plan
          (subject to any requirement to seek approval of each Partner’s governing body) so that
          their respective policies may be aligned.

2.2.5     To co-operate with the Safeguarding Children Board to promote effective safeguarding
          and welfare for all children in the local area.

2.2.6     To oversee the co-ordination of services for Children.

2.2.7     To accept reports from the Executive Committee(s) and provide it with strategic
          decisions on matters relating to co-operation under this Agreement and the delivery of
          the Outcomes.

2.2.8     The determination of the standards of conduct, probity and financial regulation.

2.2.9     To ensure value for money.

2.2.10 Where a pooled fund has been established, the approval of the appointment of an
       external auditor.

2.2.11 To ensure that there is in place an effective performance management system.

2.2.12 Report to the Local Strategic Partnership Board.

2.2.13 To act as the key governance body in respect of the East Riding Community Plan,
       Children and Young People’s block.




C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
          Management Teams

2.3       The Partners agree to establish an management teams which shall be constituted in such
          manner as the Partners consider appropriate and which shall comprise at least one
          officer of each of the Partners and which shall undertake such of the day to day co-
          operation as may be appropriate or required by the Board to achieve such of the Aims of
          this Agreement.

          Terms of Reference of the Management Team(s)

2.4           The Management Teams for Delivery and for Commissioning respectively shall meet
              regularly to review progress on attainment of the Outcomes as and when required
              and shall report to the Board on their work which will undertake as a minimum the
              following functions –

          2.4.1.    The Management Team for Delivery shall be responsible for:

               2.4.1.1.        integrated processes;

               2.4.1.2.        workforce development

               2.4.1.3.        integrated Children and Young People’s Services;

               2.4.1.4.        communication.

          2.4.2.    The Management Team for Commissioning shall be responsible for:

               2.4.2.1.        monitoring, reviewing and developing the Young People’s Plan;

               2.4.2.2.        overseeing the Every Child Matters outcome groups;

               2.4.2.3.        leading on the commissioning cycle and process including needs
                               assessment/profile; and resource and risk management processes;

               2.4.2.4.        identifying commissioning and decommissioning priorities;

               2.4.2.5.        co-ordinating joint commissioning.

          2.4.2     In addition, the Management Teams shall be responsible for the day to day
                    management of the safeguarding and promotion of the welfare of children in the
                    East Riding of Yorkshire.

          Partnership Working

2.5       The Partners shall act in accordance with the following principles of partnership
          working:-

          2.5.1     Fair and equitable treatment of all Partners in an atmosphere of openness,
                    mutual co-operation, trust and attainment of common goals.

          2.5.2     Delivery of services within agreed time and cost parameters on the basis of
                    putting the interests of Children first.

          2.5.3     Transparent and co-operative exchange of information.

          2.5.4     Respect for the position, aims, aspirations and policies of the other Partners.


C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
3.0         SERVICE PRINCIPLES

3.1         The Partners agree to work together to achieve the following key objectives
            PROVIDED ALWAYS THAT the Partners recognise that some services may take
            longer to achieve because of the specialist nature of services provided by the Partners.
            Notwithstanding this, the Partners warrant and agree with each other to take account of
            any estimated timetable in working together to achieve the following key objectives -

            3.1.1    Better leadership, management, accountability and long-term planning through
                     fuller integration of services, managing both budgets and policy formation;

            3.1.2    Encouragement of the development of integrated pathways for Children across
                     a range of professionals;

            3.1.3    Greater likelihood of achieving a single service delivery process instead of
                     repeated and unconnected services by different agencies;

            3.1.4    Better information transfer between service providers, prompting more efficient
                     case management and a more immediate service to the Child;

            3.1.5    More flexibility of staff working across the different sectors, together with
                     integrated training and more front-line co-ordination, with a view to increasing
                     staff expertise and broaden their career opportunities;

            3.1.6    to raise standards by improving the quality and responsiveness of the services
                     each provides for Children;

            3.1.7    to operate a single process to assess the needs of Children, and to manage and
                     deliver their care, with eligibility criteria agreed between the Partners;

            3.1.8    eliminate overlaps in provision that may currently exist between the Partners;

            3.1.9    provide Children’s services in a co-ordinated way by allowing different
                     professions to work within a single management structure where appropriate
                     and by arranging provision through a single statutory provider;

            3.1.10   offer Children services that are appropriate to their needs;

            3.1.11 improve the management of Children’s services; the education, training and
                   development of staff; extend the arrangements for research, service developing
                   and auditing of provision;

            3.1.12 fulfil the strategic health and social care objectives of central government, and
                   local objectives; make more effective use of resources by means of the above.

      3.2    The Partners shall develop and work towards implementing a Children and Young
             People’s Plan as set out in the First Schedule which includes performance measures and
             Key Performance Indicators, designed to show how far they succeed in meeting the
             Aims and Outcomes.

4.0         BUDGET ALIGNMENT

4.1         For the purposes of this Clause 4 “budget alignment” shall mean that decisions by the
            Partners to determine the amount of any funding available to each of the Partners for the
            achievement of the aims of this Agreement shall be taken at or about the same time; that
            financial years shall commence on the 6th April; That financial planning generally


C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
          between the Partners shall be undertaken in parallel with each other and to facilitate the
          development and implementation of the Children and Young People’s Plan.

4.2       The Partners shall use their reasonable endeavours to ensure budget alignment as may be
          agreed from time to time for the purpose of achieving the Aims. The Director shall
          appoint such persons as he considers appropriate to co-ordinate the financial activities of
          the Partners to facilitate the alignment of budgets in the manner indicated in Clause 4.1
          and the Partners shall take into account any guidance issued by that person when dealing
          with budget alignment.

4.3       For the purposes of the Children and Young Peoples Plan such aligned budgets will be
          set out in substantially the same format as the table of resources at paragraph 6 of the
          First Schedule.

5.0       SERVICES AND STAFF TO BE PROVIDED

5.1       The Partners agree to provide such staff, goods, services, accommodation and other
          resources as may be agreed from time to time are required to achieve the Aims.

6.0       DATA PROTECTION ACT 1998

6.1       The Partners shall agree to adhere to the Hull and East Riding of Yorkshire Information
          Sharing Protocol to enable the Aims to be achieved.

6.2       Each of the Partners warrants to the other that it is compliant or will ensure that it fully
          complies with the provisions of the Data Protection Act 1998 and only deals with any
          data received from another Partner to fulfil its obligations under this Agreement, and

          6.2.1     Shall ensure that it has made such notification to the Information Commissioner
                    pursuant to the Data Protection Act 1998, which is required for the performance
                    of this Agreement.

          6.2.1     In fulfilment of its obligations under the Data Protection Act 1998 shall have
                    such systems in place to ensure full compliance with the same and in particular -

                    6.2.1.1 compliance with the Seventh Data Protection Principle which deals with
                            the security of personal data

                    6.2.1.2 the reliability of all its employees who may be involved in processing the
                            personal data

                    6.2.1.3 reasonable access to the other Partners to such information as is
                            necessary to ensure that it is complying with the provisions and the Data
                            Protection Act 1998 as a whole.

6.3       Each of the Partners further warrants to the other that it shall be liable for and shall
          indemnify the other Partners for any breach of the Data Protection Act 1998 which
          renders that other Partner liable for any liability, costs, claims or expenses.

7.0       ARBITRATION

7.1       In the event of dispute or difference between Partners arising out of or in any way
          relating to the construction or the subject matter of this Agreement, the same shall if
          required by either Partner be referred to the Board and upon any failure to reach
          unanimous agreement upon the issue then the matter shall be referred to the arbitration
          of a person agreed upon by the Partners or in the event of any failure to agree to be


C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
          appointed by the President for the time being of the Institute of Arbitrators being a
          person experienced in matters relating to the subject matter of such arbitration and the
          Act and who shall determine the issue in accordance with the Arbitration Act 1996 and
          whose decision shall be final. The costs of such arbitration being met by the Partners
          equally.



8.0       CONFIDENTIALITY

8.1           All information documents and other data or information which any Partner may
              have imparted and may from time to time impart to the others relating to the
              business of that Partner is proprietary and confidential and the Partners hereby agree
              that they shall use such confidential information and all other data solely for the
              purposes of this Agreement and that they shall not at any time during or any time
              after the expiration of the terms of this Agreement disclose the same whether directly
              or indirectly to any third Partner without the other Partner’s prior written approval.

8.2 Nothing in this Clause 8 shall apply to any information that is in the public domain
    (otherwise than as a result of a breach of this Clause 8) or which is trivial or obvious or
    which was rightfully in the in the possession of such Partner prior to the commencement of
    the discussions between the Partners that led to the execution of this Agreement or which is
    required to be disclosed under any Court Order.

8.3 The Partners acknowledge that, from time to time, a Partner may receive requests for
    information relating to the Agreement which, but for any right to claim a statutory
    exemption, a Partner will be obliged to disclose pursuant to the Freedom of Information Act
    2000 and subordinate legislation. Each Partner shall ensure that it shall respond promptly to
    any reasonable request from another Partner and do all things reasonably necessary to assist
    the relevant Partner in meeting the requirements of the Freedom of Information Act.

9.0     PROPER LAW

9.1       This Agreement shall be governed by English law in every particular including
          information and interpretation, and shall be deemed to have been made in England.

10.0      PARTNERSHIP

10.1      The Partners agree that the arrangement within this Agreement does not create a legal
          partnership but constitutes the basis upon which the Partners shall fulfil their duty under
          the Act to co-operate.

11.0      ASSISTANCE IN PROCEEDINGS

11.1      If upon reasonable request in writing to do so by any Partner, the other Partner or
          Partners so requested shall use its or their reasonable endeavours to provide the
          requesting Partner with any relevant information (including but not limited to
          documentation and statements from staff) in connection with any dispute by a third
          party in relation to any Children’s services and any legal enquiry, ombudsman
          investigation, arbitration, court proceedings, internal audit or district audit in which any
          Partner may become involved, or any relevant disciplinary hearing internal to a Partner,
          arising out of the provision of any services affected by the requirements of this
          Agreement and the Partner so requested shall give evidence in such inquiries, arbitration,
          investigations, proceedings or hearings.




C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
11.2      Where any Partner or any of its staff become aware of any incident, accident or other
          matter which may give rise to a claim or legal proceedings in respect of any matter dealt
          with under this Agreement, it shall notify the other Partner or Partners as soon as
          reasonably practicable in writing. Such notification shall include all relevant information
          to enable the other Partner to investigate the matter fully.

11.3      Such information provided or assistance rendered pursuant to the obligation in this
          Clause 11 in whatever form shall be at the cost of the Partner providing such
          information and shall be provided within any reasonable time limits set down in any
          correspondence from the Partner making the request, the Ombudsman or any other
          Partner requesting such information.

12.0      SEVERABILITY

12.1      In the event that any provision of this Agreement is held to be invalid, illegal or
          unenforceable for any reason by any Court of competent jurisdiction then such provision
          shall be severed from this Agreement and the remainder of it shall continue in full force
          and effect as if it had been executed without that invalid illegal or unenforceable
          provision PROVIDED THAT where such invalidity or illegality is so fundamental to
          the performance of this Agreement as to prevent that performance then the Partners
          shall immediately commence negotiations in good faith to remedy such invalidity.

13.0      WAIVER AND FORBEARANCE

13.1      No forbearance indulgence waiver or relaxation by any Partner shown to any other in
          respect of its or their obligations under this Agreement shall in any way affect, restrict or
          diminish the rights and powers of that Partner or operate or be deemed a waiver of any
          breach of this Agreement.

13.2      No waiver of any of the provisions of this Agreement shall operate as such nor be
          effective unless it is expressly stated to be a waiver and communicated in writing to the
          other Partner.

14.0      OTHER PARTNER DATA

14.1      Any Partner may be required to take data belonging to any other Partner for a number of
          reasons and it acknowledges that such data is and shall remain the property of the
          Partner supplying it and which shall retain all intellectual and any other property rights in
          such data.

14.2      The Partner receiving such data shall ensure that such data whilst in it’s possession or
          that of any of its sub-contractors agents or employees shall maintain it’s integrity and
          prevent any corruption or loss of the same.

14.3      The Partner receiving such data shall acknowledge safe receipt of all data owned by the
          other Partner and undertake for its safe custody and its return in the same condition as it
          was when first forwarded to the receiving Partner and the receiving Partner shall be
          liable for any loss or deterioration thereof (save for normal wear).

14.4      The receiving Partner nor any of its sub-contractors agents or employees shall not have
          any lien over the data for any sum or sums due from the other.

14.5      The obligations set out in this Clause 14 shall remain binding upon the Partners
          regardless of the existence of any copies of such data held or retained.

15.0      INDEMNITY


C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
15.1      Any Partner in default of a requirement of this Agreement or responsible for a negligent
          act or omission shall indemnify all other Partners in respect of any losses, costs, actions
          or claims incurred or arising as a consequence thereof.

15.2      Each of the Partners undertakes and warrants to the other that it will give prompt notice
          of any claim described in Clause 15.1 that is made against a Partner in relation to this
          Agreement or the Services and that the Partner so giving notice shall have the right at its
          option to defend any such claims and make settlements thereof at it's discretion in order
          to settle or oppose any such claims.

15.3      Where a Partner is liable to indemnify any other Partner under Clause 15.1 such
          indemnity will apply PROVIDED THAT the Partner seeking to rely on the indemnity:

          15.3.1    provides to the indemnifying Partner on request such information and assistance
                    in relation to such claim as the indemnifying Partner may reasonably require;

          15.3.2 does not make any settlement, compromise or admission in relation to any claim
                 without the prior written consent of the indemnifying Partner (such consent not
                 to be unreasonably withheld or delayed); and

          15.3.3 takes all reasonable steps to mitigate any loss

16.0      ENTIRE UNDERSTANDING

16.1      This Agreement constitutes the entire understanding and agreement relating to the
          subject matter of the Agreement and, save as expressly referred to or incorporated by
          reference, supersedes all prior negotiation submissions or understandings with respect to
          the subject matter.

17.0      NOTICES

17.1      Any notice to be served on any Partner in relation to this Agreement shall be signed and
          sent by the Chief Officer of that Partner responsible for matters relating to this
          Agreement. It shall be sent by prepaid recorded delivery or registered post to the Chief
          Officer of the other Partner responsible for matters relating to this Agreement at the
          principal address of the relevant Partner either shown at the head of this Agreement or
          from time to time or by facsimile transmission provided that a hard copy is delivered
          within 72 hours by post as aforesaid.

18.0      HEADINGS

18.1      Headings contained in this Agreement are for reference purposes only and shall not be
          incorporated into this Agreement and shall not be deemed to be any indication of the
          meaning of the clauses to which they relate.

19.0      CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

19.1     The Partners agree that nothing in this Agreement shall confer any benefit on any person
         who is not a Partner to this Agreement whether under the Contracts (Rights of Third
         Parties) Act 1999 or otherwise.




C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
                                               THE FIRST SCHEDULE

             Summary of Children and Young People’s Plan and Outcomes 2006 to 2008 as
                                    updated from time to time.




C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
                                             THE SECOND SCHEDULE

                                                Proceedings of the Board

          Membership

          There shall be two member representatives from East Riding of Yorkshire Council (“the
          Council”) and one member representative for all other Partners (or other nominated
          substitute) of the Board.

          Chair

          The Chair of the Board shall be the Chief Executive of the Council. The Vice Chair
          shall be the Director of Children Family and Adult Services of the Council.

          Delegated Authority

          Each Partner shall notify the remaining Partners of the extent of the delegated authority
          of the members appointed to the Board.

          Meetings

          Board meetings will be set in advance for the year on a monthly basis or at such
          frequency as determined by the Board but in any event at least four times each year.
          Reports to the Board shall be submitted to the secretary ten days in advance meetings.
          Board meeting papers should be circulated five working days in advance of meetings.
          An agenda setting briefing between the Chair, Vice Chair and Secretary will take place 14
          days prior to the meeting. Minutes of each meeting shall be signed at the next meeting of
          the Board.

          Quorum

          A quorum for a meeting of the Board shall be present when at least one representative
          from the Council is present and a minimum of 7 (seven) members in total are present.
          Every question to be decided at a meeting of the Board shall be determined by a majority
          decision of the members in attendance. The chair of the meeting shall have the casting
          vote. If the meeting of the Board is not quorate then the meeting will continue but
          decisions will be deferred to the next Board meeting.

          Advice

          The Council shall provide legal advice to the Board. In addition, the Board may from
          time to time request lead officers from such specialities as required to attend meetings in
          an advisory capacity.

          Minutes/Clerking

          The Board shall appoint a secretary who will be an employee of the Council and who
          shall be responsible for servicing the Board; preparation of agendas and the calling of
          meetings; receiving notices, taking the minutes of the meeting together with the other
          administrative duties that the Board may assign to that person.

          Financial Control




C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc
          The decision to commit resources in the form of aligned budgets, joint services and
          seconded staff shall rest with the executive bodies of the Partners.

          If at any time the Board enters into an arrangement in respect of a pooled fund involving
          the delegation of another Partner’s functions then the Partners shall enter into an
          agreement in accordance with Section 75 of the National Health Service Act 2006 or in
          accordance with any subsequent amendment thereof.

          Principles Conduct

          The Board will adopt the principles of the code of conduct introduced by the Nolan
          Committee on Standards in Public Life, setting standards to which partner and members
          of the Board should conform.

          Members of the Board should take steps to ensure that they:

               •    Communicate any proposals to their own agency and to constituent
                    organisations within their sector.

               •    Are delegated to make decisions about partnership activities on behalf of their
                    agency and sector; and

               •    Ensure that contributions agreed by individual agencies towards partnership
                    actions are implemented.

          Reporting

          The Board will report to the Local Strategic Partnership Boards as the Children & Young
          People’s Action Group.

          Pecuniary Interest

          If a person has any pecuniary interest, direct or indirect, in any contract, proposed
          contract or other matter and is present at a meeting of the Board at which the contract or
          other matter is the subject of consideration, that member shall at the meeting and as
          soon as practicable after its commencement disclose the fact and withdraw from the
          meeting during the consideration or discussion of the contract or matter and shall not
          vote on any question with respect of the contract or matter.




C:\Documents and Settings\jfairweather\Local Settings\Temporary Internet Files\Content.Outlook\36ZIQCPC\Item 7 1
Partnership Agreement Wellbeing of Children in ERY.doc

								
To top