Issue - meetings

Forward Plan Ref: 2010/205

Contact: Janet Pring, CYPF Commissioning Team Tel: (01865) 323891

Report by Director for Children, Young People & Families (CMDCY5).

The purpose of this report is to request Cabinet Member decision on the proposed agreement under Section 76, National Health Service Act 2006 between the Council and NHS Oxfordshire (the PCT) in relation to specialist nursing services. The proposed term of this agreement is one-year from April 2011 to March 2012.

The power under s76 National Health Service Act 2006 ("NHSA 2006") allows a local authority to make payments (a “s76 Grant”) to a Strategic Health Authority, a Primary Care Trust or a Local Health Board towards expenditure incurred or to be incurred by the body in connection with the performance by it of prescribed functions. These functions are specified in the National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000 (SI 2000/618).

The prescribed functions include rehabilitation services, services intended to avoid admission to hospital and medical inspection at appropriate intervals of pupils in attendance at schools maintained by local education authorities and for the medical treatment of such pupils.

Under the proposed agreement the Council would make a financial contribution to the delivery of specialist nursing services to children with complex needs to support their access to education and to children looked after in order to ensure improvement in their  access to health services.

It is important to note that a s76 Grant is a grant not a service contract. For a grant the Council can generally only stipulate that monies are spent in a particular way and the PCT will manage the contract with any selected provider.  However clear information will be provided to assist in ensuring that these funds support Oxfordshire's looked after children and children with special educational needs.

The Cabinet Member is RECOMMENDED to agree that the Council make a grant under section 76 of the National Health Service Act (2006) to NHS Oxfordshire (the PCT) to fund the delivery of specialist nursing services to:

(a)               children with complex needs to facilitate their access to education and

(b)              children looked after to facilitate their access to health services.

Recommendations adopted.