NHS Partnership Commissioning Unit On behalf of Hambleton, Richmondshire and and Rural District and Ryedale Vale of CCG Report To: Partnership Management Board Meeting Report Title: The Children and Families Bill 2013 – Implications for Clinical Commissioning Groups – April 2014 Update on statutory responsibilities Report From: Date: Jayne Hill, Head, Children, Young People and Maternity Report Status: Open Children and Families Bill 2013 - Implications for Clinical Commissioning Groups - April 14 Update on statutory Responsibilities Executive Summary Flow Chart Appendix 1 NHS Partnership Commissioning Unit On behalf of Hambleton, Richmondshire and and Rural District and Ryedale Vale of York CCG Report To: Partnership Management Board Meeting Report Title: The Children and Families Bill 2013 – Implications for Clinical Commissioning Groups – April 2014 Update on statutory responsibilities Report From: Date: Jayne Hill, Head, Children, Young People and Maternity 10th April 2014 Report Status: Open Children and Families Bill 2013 - Implications for Clinical Commissioning Groups - 14 Update on statutory Responsibilities
3.4 A summary of key timeframes, plans and progress to date. Table 1 Key areas/General principles Background Health – Must (statutory) or Should Plans Evidence On Track Timeframes & Milestones Risk to achievement and mitigating action Code of practice ’s must have regard to the Code Health bodies must with the LA Must The code is in draft format. The to review the published version and advise ’s accordingly Board paper 26.11.13 An offer to provide an update to all ’s in their preferred format Spring 14 Expected to be published by DH/DoE September 14 Comes into force ’s will require assurance that plans in place to ensure they are fulfilling their statutory obligation. to review code and advise ’s To consider, the DHO be a pivotal role to give assurances to ’s? Bring certain children to LA attention In the course of exercising functions in relation to a child under compulsory school age, a , NHS Trust (or Foundation Trust) form the opinion that a child has (or probably has) special educational needs, they must; inform, advise and discuss with parents and LA Clinicians and providers will support the identification of CYP with Must The code is still in draft format. The to review the published version and advise ’s accordingly responsibility. Plan to be discussed and agreed There is a current system of health notification. To review and encourage September 14 Comes into force ’s will require assurance that all health bodies including their own have processes in place to fulfil this statutory duty The ’s will require assurance that information sharing processes are in ’s will require assurance that the health notification process is being promoted and used by providers
at key points e.g. early years 2 year check and Healthy Child Programme promotion of this process locally Designated Health Officer A Designated Health Officer (DHO) should be identified role is to ensure that the is meeting its statutory responsibilities for . They could also be a point of contact for local partners when making statutory notifications and seeking advice on and disability. Should To be explored further with ’s as whilst not expected to be statutory a ‘should’ refers to best practice to ensure a is meeting its statutory responsibilities. There may be differing levels functions required of the DHO e.g. strategic and advisory This can be an individual or individuals and could be viewed a pivotal role(s) This is not a ‘must’ but a ‘should and may be an individual or individuals. ’s would require assurances that they are meeting their statutory function which this officer(s) would undertake. The role(s) will require clarity and understanding by all parties. This would include the clarification of processes in connection with EHCP’s and PHB’s 0-25 coordinated assessment process and EHC plan Any health care and social care provision reasonably required by the learning difficulties and disabilities which result in the Must To work with LA colleagues who are leading on EHC plans. To consider any risks and mitigating HRW and S&R areas were part of the pathfinder process working on EHCP’s December 13 to September 14 Develop processes It is not clear on the Interpretation of ‘reasonably required’ in reference to health care
actions at the same time To discuss with LA colleagues process , roles and responsibilities between LA and Health in the production of the EHCP Conversions already taking place as a pilot and implemented for ‘new’ children staff have engaged with a wide range of stakeholders at a conference in February on personalisation and EHCP’s Draft EHCP’s have been developed by NYCC and CoY. Endorsement to be sought by CCG’s once the process , roles and responsibilities have been outlined September 2014 All new CYP assessed under new arrangements and EHC plan provided if needed Those with existing plans will begin to transfer The CCG’s will require assurance that information sharing processes are in place? Are all health professionals prepared for any processes they may be involved in? Particularly given reducing timelines from 26 to 20 weeks Any review of service specifications should include the addition of statutory elements from the C&F Bill The transfer of young people between CCG’s and available provision should be considered. The transition of children to adult services to be considered The processes involved with review and agreements of EHCP should be clearly understood by all parties Personalisation Family in the centre with the aim of achieving the best Personal Health Budgets For children and people receiving NHS Continuing Health Care there is a right to ask from April 2014 and a Must - CHC children CHC, CSU and PCU are working together on the implementation of PHB’s Implementation in progress. PHB steering group phase. This includes CCG and LA membership. The PCU are December 13 to September 14 Identify services that could be provided through PHB CCG’s can consider requests now for a PHB for children who do not qualify for CHC but this is not yet a legal duty For CCG’s to consider and decide going forward. It could be that there are increased requests for budgets, to consider
outcomes for children right to ‘receive’ a PHB by October 2014 represented on the group Commissioned services such as TESS (Training and Education for Short Break services) are already in place October 2014 Personal budgets right to ‘receive’ Annual reviews and transfer of existing statements to commence how block contracts could be disaggregated and the process for case management (brokerage) Individuals will be assessed on a case by case basis. The recommendation would be that providers within their block contracts put some budget aside for PHB’s offer Health bodies must with the LA in designing the local offer (including ensuring relevant contracts with providers reflect the needs of the local population) It must include information about health care provision Must LA’s leading. Engagement has been taking with the involvement of health alongside others PCU has been involved with LA work on Offers December 13 to September 14 Develop local offer September 14 Publish local offer with regular review CCG’s will require assurance that plans are in place to support and maintain relevant and up to date information on health care provision and that local offers are easy to read and understand.
commissioning Clause 26 of the Children and Families Bill states: “A local authority in England and its partner clinical commissioning groups must make arrangements (“joint commissioning arrangements”) about the education, health and care provision to be secured for children and young people for whom the authority is responsible who have special educational needs. Must To work with the LA to progress joint commissioning Board paper 26.11.13 Some jointly developed strategies and plans to explore a joint commissioning venture for example Speech, Language and Communication Needs commissioning December 13 to September 14 Develop plans for joint commissioning September 14 Joint commissioning underway locally The CCG’s will require assurances that plans are being developed and that they are on track for joint commissioning locally and to keep these arrangements under review. The CCG’s will require assurances that procedures for ensuring that disputes between the parties to the joint commissioning arrangements are resolved as quickly as possible via mediation.