Purpose

The consider an approach for making recommendations about statutory and strategic partnerships led by the Adults Theme including sharing the principles used for decision making.

Decision

Resolved that

i)              the statutory partnerships and statutory duties and responsibilities described in this report be noted.

ii)             the establishment of a West Surrey Council Safeguarding Adults Board from 1 April 2027, in accordance with section 43 of the Care Act 2014, the preferred operating model set out in Appendix 1 be approved.

iii)           authority be delegated to West Surrey Shadow Authority’s Head of Paid Service, in consultation with the West Surrey Shadow Authority Executive Portfolio Holder for Adult Social Care and Health, to develop and agree the governance arrangements for the Safeguarding Adults Board, including but not limited to, the terms of reference, membership, appointment arrangements, partnership agreements, resourcing requirements and implementation plan.

iv)           the proposed future governance arrangements for the West Surrey Council Health and Wellbeing Board, as set out in appendix 1 to this report be noted and endorsed.

v)            it be noted that the Constitution Working Group will be taking proposals to the West Surrey Shadow Authority Standards Committee in due course regarding the governance arrangements for the West Surrey Council Health and Wellbeing Board, and making recommendations to the Shadow Authority for formal establishment of the Board and adoption of the relevant governance arrangements into the West Surrey Council Constitution from 1 April 2027.

vi)           It be noted that any joint working arrangements required for the Health and Wellbeing Board will be determined by the Board itself.

vii)          a budget for up to £20,000 to be included in the base budget for West Surrey share of the additional costs be agreed.

Reason for Decision

The recommendations will enable the West Surrey Council to establish clear, lawful and sustainable governance arrangements for statutory partnerships from the point at which the new authority is created. Statutory partnerships fulfil a range of legislative requirements and provide mechanisms through which the authority and its partners discharge important statutory duties and responsibilities.

The options further set out in Appendix 1 have been developed having regard to the specific statutory functions, legislative requirements, governance arrangements and accountabilities that apply to each partnership. The current partnerships have developed over time in response to different legislative requirements, statutory guidance and local arrangements.

The differing recommendations reflect the distinct legislation and statutory roles of each partnership. For safeguarding, whilst it is a statutory board required by legislation, it is not legally defined as either an Executive or Council Committee. The priority for the board is to ensure that each new unitary authority has clear accountability and robust assurance arrangements in place from vesting day to discharge its Care Act responsibilities safely and effectively. By contrast, the Health and Wellbeing Boards is a Council Committee with statutory requirements with regards to its membership and functions. Statute requires each authority to establish a board which provides the local accountability. The recommendation, however for continued collaboration through a joint approach with the East HWB Board which has the support of the current HWB Board membership, is therefore focused on enabling effective delivery of strategic functions that operate across a wider geography, maintaining continuity of the existing Joint Strategic Needs Assessment (JSNA), Pharmaceutical Needs Assessment (PNA) and Health and Wellbeing Strategy.  Adopting this approach avoids the need to recreate these statutory functions during an initial transition period of 12 – 24 months after which the arrangement will be reviewed. It also provides stability while preserving a mechanism for engagement and coordination at a Surrey-wide level where this remains important given the wider system change that is happening.

Determining a preferred governance model at this stage will provide the clarity required to support transition and implementation planning ahead of vesting day. Early decisions will reduce the risk of uncertainty, ensure continuity of statutory functions and multi-agency working arrangements, and enable partners to prepare for any changes in governance or accountability