Issue - decisions

*Re-published: call-in no longer applies* Exercise of Care Act Easements within Health and Adult Services

28/04/2021 - *Re-published: call-in no longer applies* Exercise of Care Act Easements within Health and Adult Services

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.