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					Devon

                          News                                                             July 2011

Topics in this edition of Devon Scrutiny News include:
 Reform of Business Rates
 Sustainable Drainage
 Flood & Water Management Act
 Preliminary Flood Risk Assessment
 Personal care and Community Based Support
 Integrated Children's Services Re-commissioning
 Munro Review – Government Response and Devon Safeguarding Board Conference
 Services for Children with additional needs (Exeter/East/Mid Devon)
 Early Intervention
 The Dilnot Report – Fairer Care Funding
 Revised early Years Foundation Stage
 New Office of the Children’s Commissioner
 Scrutinising Services for Looked After Children
 National Health Developments
 Winter Maintenance
 Winter Planning
 Healthier Lifestyles
 Honiton Minor Injury Unit
 Torbay Foundation Trust
 Smoking Ban
 Open Public Services White Paper
 Value for Money
 Scrutiny of the County Council's Budget for 2012/13


                                                            Place Scrutiny Committee
                                                                                   Food for thought
Reform of Business Rates Proposals
The Department of Communities and Local Government (DCLG) has launched a consultation which
seeks views on Government's proposals to change the way local government is funded by introducing
retention of business rates. It also seeks views on options for enabling authorities to carry out Tax
Increment Financing within the business rates retention system.


Sustainable Drainage (SuDS)
Sustainable Drainage (SuDS) are to be made mandatory under the Flood and Water Management
Act. Local Authorities will take on significant new responsibilities ensuring this is implemented. In
order to ensure that SuDS are designed and implemented in a consistent way the Act requires the
government to develop National SuDS Standards and, following consultation, all County and Unitary
Councils will be responsible for setting up a SuDS Approval Body or SAB to ensure that all new
developments comply with the SuDS Standards. The SAB will also be required to adopt SuDS with
responsibility falling to the Local Authority for their maintenance into the future.


Implementation of the Flood and Water Management Act
On 18 July 2011 the new national strategy for flood and coastal erosion risk management in England
takes effect. In parallel, further important Lead Local Flood Authority (LLFA) responsibilities under the
Flood and Water Management Act (the Act) will be introduced as a result of the national strategy. For
further information please refer to the attached letter from DEFRA.
Preliminary Flood Risk Assessment
The Flood Risk Management Team has now completed the County Council’s Preliminary Flood Risk
Assessment report (PFRA) which received Cabinet Member approval on 25 May 2011. This
assessment is a high level screening exercise to assess the flood risk in Devon from surface water,
ordinary watercourses and groundwater, drawing on historical data from across the county and using
new flood maps to identify communities at risk in Devon. The PFRA is intended to be particularly
valuable for future planning and development in Devon and for Local Planning Authorities to make
use of the ‘Locally Agreed Surface Water Information’ flood mapping produced in the report. The next
steps are to produce Devon’s Local Strategy for Flood Risk Management, involving further
investigations of communities highlighted in the PFRA as being at significant risk of flooding. The
Strategy will help to focus on work that can be done to reduce the impacts and affects of future flood
events in vulnerable areas of Devon.

                                            ~~~~~~~~~~


                                                      People’s Scrutiny Committee
                                                         Issues raised at previous meetings

Framework Agreement for Personal Care and Community Based Support
Enabling, Personal Care and Targeted Support (formerly Supporting People) services have
historically been commissioned separately, under different contractual and administrative
arrangements. Targeted Support and Enabling services are now being commissioned together and
are known as ‘Community Based Support’ services. The new regulatory requirements from the Care
Quality Commission (CQC) mean that a proportion of the Community Based Support market is now
regulated by the CQC as it includes a significant level of prompting and supervision.




Integrated Children’s Services Re-Commissioning
Transforming Community Services is a national programme of work which required PCTs to divest
themselves of their provider services by 1 April 2011. As part of this programme, Integrated Children’s
Services are being managed on behalf of NHS Devon by Devon County Council for an interim period
of up to 2 years. This agreement is predicated on the re-commissioning of these services resulting in
identification of the long term provider(s) of these services by March 2012 and safe transfer to new
provider(s) by March 2013. A joint programme of work has been put in place to achieve this, further
details of which are included in this paper.




                                                                                 Food for thought
Munro Review of Child Protection – Government Reponse
The Government has published its response to Professor Eileen Munro’s recommendations to reform
the child protection system. The response outlines the Government’s intention, working with
professionals, to build a system focused on the needs, views and experiences of vulnerable children.
The Government will reduce central regulation and prescription and place greater trust and
responsibility in skilled professionals and local leaders to bring about long-term reform.
Munro Review of Child Protection – Devon Safeguarding Children Board
Conference
The Devon Safeguarding Children Board conference on the Munro Review of Child Protection took
place on 5 July 2011 in Coaver. The attached provides an overview of the event:-




Services for Children with additional needs (Exeter/East/Mid Devon)
This Saturday, the newly refurbished Meadowpark Short Breaks unit in Exeter for children with
additional and physical needs is planning a family day. This completes a programme that previously
included refurbishment of units in Tiverton and Awliscombe and other developments in services for
children with additional needs and their families. The Meadowpark event follows on from the official
opening of the new Honeylands Specialist Child Assessment Centre. More information can be
accessed here.


Early Intervention: Smart Investment, Massive Savings – The Second Allen
Report
Labour MP Graham Allen’s second report to the Government on early intervention considers how
Government can avoid the costly and damaging social problems associated with raising children in
disadvantaged conditions focussing on ways of levering in “non-government money” to pay for early
intervention mechanisms. The review calls for the establishment of a £200m Early Intervention Fund
made up of private investment.


Fairer Care Funding – The Dilnot Report
The Commission on Funding of Care and Support has presented its findings to the Government in its
report Fairer Care Funding, published on 4th July 2011. The Independent Commission, set up by the
Government last July, was asked to recommend a fair and sustainable funding system for adult social
care in England.


Revised Early Years Foundation Stage: A Consultation
This consultation seeks views on Government's proposed changes to the Early Years Foundation
Stage framework.


Establishing a New Office of the Children's Commissioner for England:
Consultation on legislative proposals
This consultation seeks views on how Government will implement the change to legislation set out in
John Dunford's recommendations on the role of the Children's Commissioner.


10 questions to ask if you’re scrutinising services for looked after children
The guide is one of a series of ‘10 questions to ask if you’re scrutinising…’ guides produced by the
Centre for Public Scrutiny on a range of topics. The guides aim to provide clear and succinct advice
for Scrutiny Members on key issues to cover in a review as well as jargon-busting, links to further
information and case studies.

                                           ~~~~~~~~~~
                                      Health & Wellbeing Scrutiny Committee
                                                           Issues raised at previous meetings
National Health Developments
The Government has now published Healthy Lives, Healthy people update and way forward a policy
statement updating and responding to comments received on the white paper: ‘Healthy lives, healthy
people: our strategy for public health in England’, which discusses:

 establishment of Health and Wellbeing boards to ‘empower local leaders’ by co-ordinating
  commissioning activities
 encouraging wider social responsibility (see article under food for thought)
 creating the Public Health England body dedicated to promoting ‘evidence-based-practice’
 judging success on positive outcomes not performance targets.

The Policy Statement also outlines the services that Local authorities will need to provide:

         -    Sexual health services
         -    Plans to protect the health of the population
         -    Public health information to commissioners
         -    National child measurement programme
         -    NHS health check assessment
         -    Elements of the Healthy Child Programme

and, specifically in relation to Scrutiny the Statement says:

‘Health & Wellbeing Boards will be subject to oversight and scrutiny by the existing statutory
structures for the overview and scrutiny of local authority executive functions. In line with the Localism
Bill, local authorities will have greater discretion over how to exercise their health scrutiny powers, and
will be able to challenge any proposals for the substantial reconfiguration of NHS services’.

                                                                                    Food for thought
Winter Planning
The NHS Devon Board of Directors received a winter planning review report this week. Winter
planning has been of particular interest to scrutiny members.


Using ‘nudge theory’ to prompt healthier lifestyles
The House of Lords Science & Technology Committee has been considering the Governments
suggested use of nudging people to get them to lead healthier lives, without the use of heavy handed
legislation. The science and technology committee is critical of this approach and do not think that it
goes far enough. More information can be accessed here.


Honiton Minor Injury Unit opening hours
Members may wish to note the temporary change put in place by North Devon Healthcare Trust in
Honiton Minor Injury Unit to opening hours.




  6 Honiton MIU.pdf


Torbay Foundation Trust Application
Members may be aware that, to recognise the increased geographical area of responsibility of the
Torbay Care Trust for the Southern Devon area, the Trust is looking to change its name. The
preferred title is Torbay and Southern Devon Care Trust, the main reasons for which are that it:
   demonstrates to staff who have joined us from NHS Devon that we recognise and respect the
    diverse identities of the localities and their local management ;
   demonstrates to patients in Southern Devon that we recognise and respect the needs of the local
    communities within which we now operate and are not imposing a Torbay-centric approach to
    care and service-management
   ensures clear and visible accountability to our patients and partners
   demonstrates our commitment to making these arrangements sustainable

The rationale behind the amendment to Torbay and Southern Devon Care Trust is that it:

   retains the Torbay element of our identity and our historical foundations in the Bay;
   retains the identity of our partnership with Torbay Council
   demonstrates our intention to explore and develop integrated health and social care, as
    established in Torbay, within the wider Southern Devon area
   seeks to avoid confusion with South Devon Healthcare NHS Foundation Trust

There are several key principles that apply to this proposal, which take into account the local and
national financial environment, the nature of its agreement with NHS Devon and the Care Trust’s
future plans. For instance, the Trust do not believe it is financially prudent to undertake a whole-scale
and expensive change to building signage. Building signage in Torbay and Southern Devon will
therefore remain unaltered, recognising also the continued ownership of the NHS buildings in
Southern Devon by NHS Devon and the Care Trust’s declared intention to seek foundation trust
status (and therefore legally require a name change should this be successful in 2013). Moreover,
the change in name will only be made to letter-headings etc,. when existing stocks are depleted. The
Care Trust’s procurement department are undertaking a project to consolidate and rationalise printing
contracts to maximise efficiency as part of this process.

The Trust is also in the process of completing a formal Establishment Order with the Department of
Health which will formalise the reformed status as a Trust with responsibilities in Southern Devon.

In summary, given the intention to secure foundation trust status in 2013 this amendment is an interim
action designed to appropriately reflect the significant change which Torbay Care Trust and NHS
Devon Provider Services has undergone, and provide clarity and accountability for patients and staff.

The Trust will undertake a low-level programme of awareness raising through local press and online.

If you have any comment on the proposed changes please contact Camilla de Bernhardt
before 25 July.


‘Doctors back Driver Smoking Ban’
The British Medical association’s annual conference called for a number of measures for the
association to lobby government, these include:

 a ban on smoking in cars
 forcing all firms involved in tobacco products to publish all payments to politicians and political
  parties.
 a ban on alcohol advertising, restricting licensing hours and introducing a minimum price for
  alcohol
 "unacceptable" use of trans-fats - often found in biscuits, cakes and fast food - to be banned,
  although the BMA's science experts were asked to look at the issue before it became official
  policy as some trans-fats are naturally occurring.

More information is available here.

                                             ~~~~~~~~~~


                                                              … and of general interest
Open Public Services White Paper
The Open Public Services White Paper sets out the Government’s approach to public services and
how it will improve public services. By putting choice and control in the hands of individuals and
neighbourhoods, the Government plans to make public services more responsive to peoples’ needs.

Also attached is This a transcript of the speech by Prime Minister David Cameron on 11 July 2011.
He talks about the principles underpinning the reform and modernisation of public services and This
ministerial statement by Cabinet Office Minister Oliver Letwin on 11 July 2011.

In addition, attached is a Briefing on the Open Public Services white paper from CIPFA: The
Government's Open Public Services white paper set out its vision for a more diverse market in public
services, with a greater role for third sector organisations and private companies in service delivery.


Oversight, Scrutiny and the Pursuit of Value for Money
Article from the Centre for Public Scrutiny dated 4 July 2011 on the enduring role of the Audit
commission written by David Walker, contributing editor, Guardian Public and former managing
director, communications and public reporting at the Audit Commission.


                                                               …and, last but not least ..
Scrutiny of the County Council’s Budget for 2012/13
The Chairmen and Vice-Chairmen of Scrutiny Committees have reviewed the approach taken to
scrutinise last year’s budget and, taking account of members’ views, have agreed revised proposals
for looking at the 2012/13 budget based on the principles that:

   an early briefing should be sent to all members on the overall shape and rationale of the budget
    proposals;
   all Scrutiny Committees should meet in succession to identify salient issues in ‘their’ budgets
    followed by a joint Budget Scrutiny Day with Chair & Vice-Chairs first having an opportunity to pull
    together/draw out any themes ;
   an electronic helpline/whiteboard again being available listing all questions and any responses
    given.

Detailed arrangements will be reported to Scrutiny Committee’s in due course but Members may wish
to be aware of the proposed revised arrangements for 2012/13 which will see:

   the County Treasurer will produce for circulation at the beginning of January a strategic briefing
    for all members similar to that prepared for 201/11 outlining the target budgets for all
    areas/services, how those compare to targets for this year, likely implications for areas/services
    and any indications as to how those might be prioritised;
   the creation of a Members' Budget e-hotline/whiteboard/webpage as before - open until 27
    January – to respond to factual questions which all Members will have access too, to see all the
    questions received and the replies given;
   individual Scrutiny Committees will meet as shown on the revised calendar (set out below) with
    detailed papers sent out no later than one week before as normal (with, if possible, all papers for
    all Scrutiny Committees being sent out to all Members at the same time, at the earliest possible
    time) to allow each Committee to examine the general thrust of budgets and take an overview of
    priorities and prospects in light of the more detailed figures that will be available and to inform
    discussion at the subsequent joint scrutiny meeting; followed by
   on 27 January, a plenary session for the Chairmen and Vice Chair of the 4 Scrutiny Committees
    only to enable them to identify/co-ordinate themes for fuller debate at the joint scrutiny meeting
    and/or recommendations to Cabinet; and
   the Joint Budget Scrutiny Meeting taking place on 30 January 2012 to enable all Members to
    critique/question/challenge the budget proposals, looking across all service areas and any cross
    council themes/services, to enable Members to make and discuss a single, cohesive, set of
    recommendations to Cabinet and the Council on the overall implications of the budget proposals
    and not merely a collection of comments on individual services, in isolation.
At each Scrutiny Committee, and learning from last year, Strategic Directors/Heads of Service will be
first invited to first present the budget, to set the scene and explain the factual basis of the budget and
any changes thereto (reflecting, say, changes to grant distribution or national requirements/policy
direction) and Cabinet Members will then be invited to explain/give reasons for any local policy
changes/budgetary variations and give the ‘political’ perspective/background for those changes. A
similar process will apply at the joint scrutiny session to enable Chairman of Scrutiny Committees to
introduce any key elements raised at their Committee, Strategic Directors/Heads of Service to
respond to factual questions and Scrutiny and other Members of the Council to speak and put
questions to Officers or Cabinet Members.

The proceedings of individual Scrutiny Committees and the joint scrutiny session will be webcast as
normal with the latter taking place in the Clinton/Fortescue Committee Rooms with improved seating
and access arrangements to obviate the physical difficulties encountered last year.


     JANUARY 2012
       1   S                      NEW YEARS DAY
       2   M                      NEW YEARS DAY HOLIDAY
       3   T
       4   W
       5   Th
       6   F
       7   S

      8    S
      9    M
     10    T        10.00am       People’s Scrutiny (ordinary)
     11    W        10.30am       Cabinet
     12    Th
     13    F
     14    S

     15    S
     16    M        9.45am        Appeals
                    10.00am       Place Scrutiny (ordinary)
     17    T
     18    W        1.00pm        Devon Education Forum
     19    Th       2.15pm        Exeter Highways and Traffic Orders
     20    F        10.30am       Personnel Partnership (Budget)
     21    S

     22    S
     23    M        9.30am        Place Scrutiny (Budget)
     24    T        10.00am       People’s Scrutiny (Budget)
     25    W        10.00am       Health & Wellbeing Scrutiny (including Budget)
                    2.00pm        Development Management
                    2.15pm        Corporate Services Scrutiny (including Budget)
     26    Th
     27    F        2.00pm        Ch/VChs Plenary Scrutiny Session
     28    S

     29    S
     30    M        10.00am       Joint Budget Scrutiny Committee (All day)
     31    T        3.00pm        Exeter Locality (County) Committee
                                                  For further information please contact
Camilla de Bernhardt (camilla.de.bernhardt@devon.gov.uk) for the Health & Wellbeing and Corporate
Services Scrutiny Committees
Janine Gassmann (janine.gassmann@devon.gov.uk) for the Place Scrutiny Committee
Dan Looker (dan.looker@devon.gov.uk) for the People’s Scrutiny Committee

The Joint Scrutiny Work Programme is available on the Council’s website and Agenda, Reports and
Minutes of Scrutiny Committees may also be viewed on the website.

Prepared by the Democratic Services & Scrutiny Secretariat, County Hall, Exeter




                                                                                         [21.7.11]

				
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