Decision details

Section 75 Agreement – Arrangements for 2021/22 and onwards

Decision Maker: Executive

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes


To approve the recommended Section 75 Arrangements for 2021/22 and onwards.


1          That the Executive Director: People, on behalf of the Council, agree and enter into an interim extension to the current Section 75 agreement with added service schedule information for 1 April 2021–31 March 2022 for the values referred to in the confidential Annex of the Executive Director’s report.


2          That a renewed Section 75 agreement to supersede the 2021/22 interim agreement be submitted for approval in early 2022, subject to Better Care Fund guidance being published, reflecting the ambition for partnership working in future years.

Reasons for the decision:

The existing agreement expired on 31 March 2021; existing and new services that are jointly commissioned and or funded through a pooled budget need to be covered through a Section 75 agreement in order to be compliant with the NHS Act 2006 and have a clear partnership working protocol between the CCG and the Council.


The Better Care Fund will likely need to be covered by a Section 75 agreement to be compliant with the national conditions (guidance on which is expected shortly). National conditions for 20/21 stated: “Plans covering all mandatory funding contributions have been agreed by HWB areas and minimum contributions are pooled in a section 75 agreement (an agreement made under section 75 of the NHS Act 2006).”

Alternative options considered:

Other options, such as extending the existing S75 agreement without a full refresh or not establishing an interim arrangement, have been considered but were not recommended.

Interests and Nature of Interests Declared:


Reason Key: Expenditure > £400,000;

Financial Impact: To be incorporated into the report.

Declarations: None.

Subject to Urgent Proceedings: No.

Making Representations: In writing to the Executive Director: People.

Other reasons / organisations consulted

Email and Meetings.


Legal, Commissioning, Frimley CCG

Contact: Julia McDonald, Commissioning Manager Email:

Report author: Julia McDonald

Publication date: 31/08/2021

Date of decision: 31/08/2021

Decided at meeting: 31/08/2021 - Executive

Effective from: 08/09/2021

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