MEMORANDUM OF UNDERSTANDING
OXFORDSHIRE SUPPORTING PEOPLE COMMISSIONING BODY

[Version 8 20.11.03]

1.	Background

The Supporting People programme is a funding scheme under Section 93 of the Local Government Act 2000 for paying grants to local authorities towards expenditure incurred by them in providing or contributing to the provision of welfare services as determined by the First Secretary of State of The Office of the Deputy Prime Minister (the First Secretary of State).  The First Secretary of State has exercised his powers under Section 93 of the Local Government Act and has made a grant determination (the Grant Determination which expression shall where the context admits include further such grant determinations) in respect of the Supporting People programme grant for the financial year beginning on 1 April 2003 to 30 September 2003 (and such further financial periods as may be apposite) in respect of the local government area of Oxfordshire and the Grant Determination is subject to Supporting People Grant Conditions. The First Secretary of State has also issued directions under Section 93(9) of the Local Government Act 2000 being the Supporting People (England) Directions (the Directions) directing how Supporting People programme grant is to be administered.

2.	Payment of Grant

By virtue of the Grant Determination the First Secretary of State has determined that Supporting People programme grant is payable to the Oxfordshire County Council (the Administering Authority) as the appropriate administering authority for the local government area of Oxfordshire.

3.	Establishment of Commissioning Body

By virtue of the Directions the Oxfordshire County Council is required to establish a commissioning body (the Commissioning Body) with a constitution and rules which include the provisions set out in Schedule 1 of the Directions and has in accordance with those Directions requested the following bodies to send the following number of representatives to the Commissioning Body:

Thames Valley Probation Board being the local probation board for the totality of the area of Oxfordshire 	One on its behalf	
South East Oxfordshire Primary Care Trust, North East Oxfordshire Primary Care Trust, Cherwell Vale Primary Care Trust, Oxford City Primary Care Trust and South West Oxfordshire Primary Care Trust being the Primary Care Trusts whose respective areas lie within the area of Oxfordshire 	One on behalf of all such bodies	
Oxford City Council being a district authority whose area lies within the area of Oxfordshire	One on its behalf	
West Oxfordshire District Council being a district authority whose area lies within the area of Oxfordshire	One on its behalf	
Vale of White Horse District Council being a district authority whose area lies within the area of Oxfordshire	One on its behalf	
South Oxfordshire District Council being a district authority whose area lies within the area of Oxfordshire	One on its behalf	
Cherwell District Council being a district authority whose area lies within the area of Oxfordshire	One on its behalf	

and the Administering Authority shall itself provide one representative on the Commissioning Body.

4.	Intentions Agreements and Responsibilities

This Memorandum of Understanding sets out the intentions, agreements and responsibilities of the Oxfordshire County Council and all the bodies named in paragraph 3 above (together the Parties and any one of them a Party) in respect of the establishment and functioning of the Commissioning Body for Oxfordshire and for the regulation of its proceedings.  Each Party confirms and agrees that it shall perform its agreements and responsibilities as set out in this Memorandum or as may be expressly or impliedly ascertained from the Grant Determination and the Directions.  Each Party confirms and agrees its acceptance of the terms and conditions of grant in the Grant Determination (including the conditions of grant and including any re-determination, renewal, or survival of any provisions notwithstanding revocation) and the Directions.

5	Commissioning Body

There is and shall be constituted the Supporting People Commissioning Body for Oxfordshire which shall act in an advisory capacity with the constitution and rules set out in Annex 1 to this Memorandum.

6.	Representation for the Commissioning Body

The Parties shall nominate their respective representatives (or a substitute for each such representative) as indicated in paragraph 3 above who shall be appropriately and duly authorised and be of appropriate seniority and qualification and willing and available to attend at the proceedings of the Commissioning Body, and shall procure that upon appointment their respective representatives shall execute and deliver to the Administering Authority a form of acceptance of the terms and conditions of this Memorandum including the provisions of its annexes.

7.	Working Arrangements

The Parties have agreed the arrangements that shall apply as to the allocation and co-ordination of Supporting People work as set out in Annex 2 of this Memorandum.

8.	Service Review and Monitoring

The Parties have agreed the arrangements that shall apply as to service review, monitoring and reporting as set out in Annex 3 of this Memorandum.

9	Functions of the Commissioning Body

9.1	The Parties shall procure that the Commissioning Body has the ability:
9.1.1	to agree a Supporting People strategy and annual plan having regard to any Supporting People guidance given by the Secretary of State under Section 93 including the matters mentioned in paragraphs 9.2 and 9.3 respectively;
9.1.2	to have due regard to any comments made by the First Secretary of State on the Supporting People strategy or annual plan or any proposed significant changes to those documents;
9.1.3	to consider any proposed significant changes to the approved Supporting People strategy and annual plan; 
9.1.4	to review the approved Supporting People strategy in a manner that has regard to any guidance given by the Secretary of State under Section 93.

9.2	The matters that must be included in the Supporting People strategy are:
9.2.1	a description of the different classes of welfare service recipients and their actual and predicted needs (including a separate description of the nature and level of current cross-authority service recipients in the future);
9.2.2	a description of the nature and level of current Supporting People service provision including areas of poor provision (including a separate description of the nature and level of current and cross-authority access to services including reference to the  current cross authority baseline targets);
9.2.3	a description of the changes to be made to the current Supporting People service provision;
9.2.4	a description of any new high cost projects proposed and a description of any existing high cost projects (including the proposed duration of such projects);
9.2.5	the rules for the charging of service recipients which shall include:
9.2.5.1	the circumstances in which there is to be a relief from charges
9.2.5.2	the process for making an application for relief
9.2.5.3	the rules for determining the relevant date of application
9.2.5.4	the rules for recovery from service recipients of overpayments
9.2.5.5	details of the mechanism which is to apply where a service recipient disputes any decision under the charging rules;
9.2.6	an explanation of the consultation undertaken by the Commissioning Body with service providers, service recipients and other interested parties.

9.3	The matters that must be included in each annual plan are:
9.3.1	the intended allocation of Supporting People grant for each welfare category;
9.3.2	a description of the changes identified in the Supporting People strategy which are programmed to be implemented that year including a description of any changes to cross-authority access to services to be introduced in that year;
9.3.3	a description of any new high cost projects proposed for that year; 
9.3.4	a description of the processes and the date by which each change is to be delivered.

10.	Administrative Systems

The Administering Authority shall ensure it has administrative systems in place capable of:
10.1	compiling and maintaining the information in the Supporting People services list referred to above;
10.2	ring-fencing the Supporting People programme grant monies;
10.3	interfacing with the administrative systems of the First Secretary of State ascertaining at any given time Supporting People programme grant receipts and expenditure against Supporting People programme grant monies made by the Administering Authority.

11	Functions of the Administering Authority

11.1	The Administering Authority shall:
11.1.1	ensure that payments of Supporting People grant monies are in accordance with the intended allocation of Supporting People grant for each welfare service category set by the Commissioning Body;
11.1.2	advise the Commissioning Body whether or not proposed arrangements for access to Supporting People services would enable the Commissioning Body to meet any cross authority service baseline target;
11.1.3 advise whether the adoption by the Commissioning Body of a Supporting People strategy, annual plan or significant change to those documents would result in the termination of funding of any designated service;
11.1.4	advise the Commissioning Body on financial and compliance matters affecting the Supporting People grant, including but not limited to:
11.1.4.1	Supporting People budgetary constraints
11.1.4.2	contractual risks
11.1.4.3	the scope of the welfare services covered by section 93
11.1.4.4	whether a proposed decision of the Commissioning Body will or is likely to be contrary to any guidance issued by the Secretary of State under section 93 and 
11.1.4.5	whether a proposed decision of the Commissioning Body will or is likely to place the Administering Authority in breach of the Directions or any conditions attached to a Supporting People grant made under section 93;
11.1.5	assist the Commissioning Body in preparing its Supporting People strategy and annual plan and any changes to those documents;
11.1.6.	send as soon as reasonably practicable a copy of the draft Supporting People strategy and annual plan and any proposed significant changes to those documents to the First Secretary of State for his consideration;
11.1.7	refer any proposed significant change needed to the Supporting People strategy and annual plan to the Commissioning Body for consideration;

11.2	The Administering Authority shall compile and maintain an accurate list of all Supporting People services in Oxfordshire.  The list shall use the definitions set out in the SPLS Extract Data Dictionary and File Formats document (published by the First Secretary of State in September 2002).

11.3	The Administering Authority shall maintain an up-to-date record of levels of cross authority access to services within the area of Oxfordshire.

12.	Performance

12.1	The activities and responsibilities to be performed by the Parties shall be carried out with regard to:

12.1.1	the entirety of the legislation, directions, determinations, conditions, guidance and other material issued by the First Secretary of State and relating to Supporting People grant including (without limitation) the Directions, the Supporting People Programme Grant and Grant Conditions, the Supporting People Grant (England) Guidance 2003 and the Local Authorities (Charges for Specified Welfare Services) (England) Regulations 2003, Supporting People: Policy into Practice, Supporting People Administrative guidance and the Interim Financial Package;
12.1.2	any relevant statutory plans;
12.1.3	all relevant legislation and European Union Directives that may be applicable;
12.1.4	the Data Protection Act 1998 (and any amendments or re-enactment thereof);
12.1.5	the Human Rights Act 1998;
12.1.6	the Freedom of Information Act 2000;
12.1.7	local codes of conduct (where appropriate) approved under the Local Government Act 2000. 

12.2	Each Party further agrees:
12.2.1	to supply such information and other material  as may from time to time be reasonably necessary to meet the requirements of this Memorandum;
12.2.2	generally to use reasonable endeavours to collaborate with each other in the delivery of their various services to compliment the Supporting People strategy;
12.2.3	to ensure that their activities comply with their general duties under the Race Relations Action 1976 (as amended by the Race Relations (Amendment) Act 2000 and  the Race Relations Act 1976 (Statutory Duties) Order 2001;
12.2.4	to use reasonable endeavours to collaborate and co-operate with each other in developing and observing an effective strategy to manage and reduce risk.

13.	Executive Authority

13.1	No Party shall have authority to bind or make any commitment on behalf of any member of the Commissioning Body. 

13.2	In accordance with the Directions the Administering Authority has established the Commissioning Body by which the Parties (exercising their powers under section 93 of the Local Government Act 2000 and all other powers enabling) shall work together whilst acknowledging and confirming that their relationship as members of the Commissioning Body is not intended expressly or impliedly to create a partnership or relationship of association between them each remaining severally liable for the discharge of their various undertakings, obligations, agreements, commitments, responsibilities, terms, conditions and stipulations entered into under or by virtue of this Memorandum.

13.3	Nothing in this Memorandum shall require any Party to undertake any activity, which is outside its objects and powers.

14	General

14.1	All documents produced by a Party in connection with the Commissioning Body which are made available to persons other than those members shall bear the name of the Commissioning Body.

14.2	Each member of the Commissioning Body shall (subject to the Data Protection Act 1998 and the Freedom of Information Act 2000) have unrestricted access (unless otherwise prescribed by law or, in the case of a local authority where information is confidential or exempt by virtue of S100A of the Local Government Act 1972) to any information produced by the Parties in connection with the Commissioning Body (but not by virtue of this paragraph to records of individual service users).

14.3	During the period of this Memorandum and after its termination without limit in point of time (subject to the Data Protection Act 1998 and the Freedom of Information Act 2000) each Party shall treat and procure to be treated as confidential any information which they may acquire in relation to the business or affairs of the other Parties or any other person in consequence of the Commissioning Body (other than information already lawfully available in the public domain) and shall not use or disclose such information except with the consent of the other Party or in accordance with the order of a court of competent jurisdiction or where by virtue of any statutory provision or other lawful authority that Party is obliged to disclose that information.

14.4	In the event of any dispute or difference under this Memorandum between all or any of the Parties those concerned shall endeavour to settle amicably such dispute or difference failing which it shall be referred to their Chief Executive Officers who shall meet in order to resolve the dispute or difference.  If any such meeting fails to result in a settlement the matter at the election of any party concerned may be submitted for resolution to a court of competent jurisdiction.  Relating to decisions or the decision making of the Commissioning Body for determination it is agreed and understood that the Administering Authority may submit matters provided that this clause 14.4 is subject and without prejudice to the provisions contained in paragraph 5 of the schedule to the Directions (permitting the submission of certain matters to the First Secretary of State for a direction under Section 93(9) of the Local Government Act 2000).

14.5	Any notice or document required to be given for the purposes of the Memorandum must be served by pre-paid first class post to the addresses which are referred to in  Annex 1 and shall be deemed to have been served 48 hours after posting.  In proving service it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted.

14.6	No Party may assign or save as may be permitted expressly or impliedly in any Act or statutory instrument devolve any right, interest, benefit or obligation under this Memorandum.

14.7	Without prejudice to paragraph 14.6 above and for the avoidance of doubt this Memorandum shall bind any statutory successor or successor by way of solvent reconstruction or amalgamation of any Party.

15.	Duration of this Agreement and Termination

15.1	This Agreement shall commence on 13 March 2003 and expire on [                       ]  (subject to earlier termination under the provisions of this Clause 15) unless it is extended (with or without amendments) by agreement in writing between the Parties.

15.2	This Agreement shall terminate (without notice required from any party) on the date the First Secretary of State revokes the Grant Determination current at that time (provided there is no prospective Grant Determination anticipated for subsequent financial periods).

15.3	Without prejudice to any other right, benefit, undertaking, obligation or responsibility and within a period commencing 3 months before the expiry of this Agreement or termination under clause 15.2 (or such lesser period as the circumstances may admit) and expiring three months after such termination the Parties agree with each other to use all reasonable endeavours to co-operate with each other and, if necessary, the First Secretary of State to secure, as the case may be, the continuity of the Supporting People strategy, orderly winding up of the funding scheme, the administration of any repayment or recoupment provision and other exit and succession arrangements and shall do such things and execute such documents as may be necessary for such purposes.

16.	Contracts (Rights of Third Parties) Act 1999

The provisions of the Contracts (Rights of Third Parties) Act 1999 (as modified or re enacted from time to time) shall not apply to any provision of this Memorandum.

17.	Risk and Costs

17.1	The Parties (other than the Administering Authority) shall indemnify the Administering Authority for any losses damages claims or liabilities it suffers from carrying out its role as the Administering Authority (save to the extent that such losses damages claims or liabilities are a direct result of the Administering Authority’s advice to the Commissioning Body on financial and compliance matters as mentioned in sub-paragraph 7(1)(d) of the Directions).

17.2	The Parties agree that they shall bear their own costs or expenses incurred in relation to the matters dealt with under this Memorandum save where such costs or expenses may be paid from Supporting People grant monies. 

This Memorandum of Understanding is made on                                         

Signed by and on behalf of