Decision details

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.

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).”

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.

None.