Decision details
*Re-published: call-in no longer applies* Exercise of Care Act Easements within Health and Adult Services
Decision Maker: Chief Executive Officer
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: No
Decision:
After consideration of a report (with an
exempt Appendix) of the Corporate Director for Health and Adult
Services detailing the new emergency powers which could be acted
upon by Health and Adult Services, in line with the newly enacted
Coronavirus Act 2020 which set out the four key changes to the Care
Act 2014 and decision-making process for local authorities; and
after consultation with Executive Members, the Chief Executive
Officer agreed that:
(i) A new operating model for adult social care be implemented (as
set out in section 3 and Appendix 1 of the report), in response to
the national Hospital Discharge Requirements, working with the NHS,
using existing Care Act and other legislation, as is now, until
such time as emergency powers under the Coronavirus Act 2020 need
to be invoked.
(ii) A new model of delivery for adult social care be implemented,
at such time as the situation requires during the Covid-19
pandemic, that will:
• assist the NHS in freeing up North Yorkshire’s share
of 30,000 NHS beds nationally
• enable urgent work to support people living in the community
who have a Covid-19 diagnosis or symptoms (particularly where
people are at the end stage of their lives)
• ensure that, whilst taking account of the national
legislation and guidance and the prioritisation necessitated by the
Covid-19 response a) people requiring urgent social care assessment
and/or support for non-Covid-19 issues continue to be offered an
appropriate level of advice, information and support and that b)
people with current and ongoing needs receive appropriate support
which may include alternative arrangements to their normal
service.
(iii) The power to invoke measures as set out in the Coronavirus
Act 2020 and in the report, be delegated to the Corporate Director
Health and Adult Services (as the Council’s statutory
director of adult social services), and that the Chief Executive
Officer take that decision in consultation with the Executive
Member for Adult Social Care and Health Integration, the Assistant
Chief Executive (Legal and Democratic Services), and following
advice from the Director of Public Health and the Assistant
Directors with responsibility for adult social care.
(iv) Any triage or case/review decisions as set out in section 5 of
the report and in Appendix 2 be documented.
(v) If emergency powers are invoked as set out in the report, the
situation be reviewed fortnightly by the Corporate Director for
Health and Adult Services in consultation with the Assistant
Director / Chief Social Care Practitioner (or in their absence, the
Head of Practice), or their nominated representatives, as per
Government guidance.
Reasons for the decision:
*PLEASE NOTE This decision was originally
published on or near the date of the decision and so call in no
longer applies. It has been re-published as part of the change in
committee management system that we use.*
Decision taken by Richard Flinton, Chief Executive Officer, under
his emergency delegated powers and in consultation with Executive
Members.
For the reasons set out in the ‘Decision taken’ box
above and in the report and to allow the Council to respond
promptly to local needs and to assist in the urgent delivery of
services to the public arising from the impact of the Covid19
pandemic.
Publication date: 28/04/2021
Date of decision: 07/04/2020