ITEM CA9 CABINET - 20 MARCH 2007 CARE HOME AND PRIMARY CARE CENTRE DEVELOPMENT IN CHIPPING NORTON Report by Director for Social & Community Services Introduction 1. This report recommends to the Cabinet that the County Council confirms its commitment to purchase 20 beds in a new 50 bed care home development in Chipping Norton and the signing of non-binding heads of terms for an agreement between the partners in the scheme. Cabinet received a report on 19 December 2006 setting out the remaining issues in reaching such an agreement, and agreed to a deadline of 31 March 2007 for the outstanding issues to be resolved or the Council would have to withdraw from the scheme. 2. Since then a great deal of work has been done by the County Council, the Primary Care Trust (PCT) and the Orders of St John Care Trust (OSJ) on behalf of the Oxfordshire Care Partnership (OCP) to resolve the outstanding issues around the VAT status of the various components of the overall scheme and the costs of impairment that would fall onto the PCT. This work culminated in a meeting chaired by David Cameron MP at which all interested parties were present, including the Hospital Action Group and the Hospital Users Group from Chipping Norton who have also been working on the proposed arrangements. The conclusion of the meeting was that the proposed arrangements for the overall development were agreed as being the best possible way forward in the circumstances. These arrangements are summarised in this report. 3. The PCT Board considered the Chipping Norton scheme at its meeting on 22 February 2007 and agreed to confirm its purchase of 14 beds in the new care home. The Scheme 4. This scheme has been reported to the Cabinet on a number of occasions. The key elements of the proposed scheme and the outline timetable for development the project are summarised below. An extract from the proposed Heads of Terms for the agreement between the County Council, the PCT, OCP, OSJ and Bedfordshire Pilgrims Housing Association is attached at Annex 1. (download as .doc file) 5. In summary, a 50 bed registered residential and nursing care home and a separate but closely located and linked community health facility will be built on Rockhill Farm, a site owned by the County Council. The care home will include 14 beds to be purchased by the Oxfordshire PCT for the provision of intermediate care services. The County Council will purchase 20 beds. The community health facility will have on the ground floor a range of community and primary care health facilities and on the first floor a maternity unit. The community health facility will be managed operationally and clinically by the NHS (the PCT for the community and primary care facilities and the Oxford Radcliffe Hospitals NHS Trust for the maternity unit), with a facilities management agreement with the OCP for soft and hard facilities management. 6. There has been considerable discussion and work over the basis on which NHS staff working in the War Memorial Hospital in Chipping Norton will work in the care home. The options are either transfer under the TUPE framework or secondment. From the point of view of clinical services there is no difference between the two options but there has been considerable local opinion that secondment is preferable because it would appear to reinforce the continuity of NHS provision in the town. 7. The original proposals envisaged the staff moving over to OSJ under TUPE because of the VAT position. Subsequently it has been suggested that seconding staff would also be possible with the same tax position being obtained. The Orders of St John Care Trust have made a commitment to explore the option of secondment and will this will be the basis for the staff moving to the Orders of St John it as long as it does not lead to a less advantageous tax position for the Trust. It is important to note that as a not-for-profit organisation, working within a clear and tight contract with the County Council, any increase in costs arising from the tax position will have to be passed onto the Council and the PCT. The Project Structure 8. This project has a complex contractual and leasehold structure to ensure that the best arrangements are in place to reduce as far as possible the tax burden; to ensure that the right arrangements are in place for proper, good quality care for the residents and patients in the care home and the people who use the community health facility and to ensure that the financing arrangements are in place and to ensure that there is the most efficient use of resources. 9.
The arrangements that the County Council will enter into
are those that were put in place at the time of the original transfer
of the homes to the OCP in December 2001 and these will be used as far
as possible. They were fully debated and agreed then and they have been
subject to a District Audit review. The arrangements that the PCT will
enter into with the OCP will be consistent with and follow from those
in place between the Council and the OCP. Timetable and Next Steps 10. The timetable for the completion of the project is summarised below. This is taken from the heads of terms referred to above, and amended in the light of the dates of this and other decision-making meetings. · Approval and signature of Heads of Terms document – end March 07 · Approval and signature of Licence to Build – end March 07 · First drafts of main Project Documents issued – end March 07 · FBC approved by South Central Strategic Health Authority – March 07 · Detailed planning due to be submitted - April 07 · Full planning consent – July/August 2007 · Meeting on initial observations on Project Documents – 30 March 07 · Project Contracts signature – September 07 · Building Contract signed – September 07 · Start on Site – October 07 · Building completed – April 09 11. The ‘Building Completed’ date of April 2009 refers to the whole project. The care home will be built as the first phase and should be completed and ready for occupation by October 2008. 12. Following the final agreement to the proposals and recommendations in this paper the project management for this development will be stepped up to ensure that it is delivered on time and within budget. Outstanding Issues 13. There are a number of issues outstanding before building work can commence or will have to be managed as part of the development programme. These are summarised below. Country Estates application for an injunction 14. In August last year Country Estates, the owners of the Cromwell Park Estate, applied for an injunction and/or damages on the basis that the proposed access to the Care Home would be a breach of a covenant on behalf of the County Council to maintain the landscaping strips around the Cromwell Park site and that the scheme would create a Nuisance in Law by virtue of the amount of traffic generated. The County Council contests the application and the Court has listed the trial for the week commencing 5 November 2007. Application for planning permission 15. The application for planning permission for the new Care Home and Primary Care facilities has been submitted but held pending a screening opinion on whether an environmental impact assessment is required. It is now clear that there will need to be an assessment covering the potential environmental impacts stated in the relevant regulations, and this is underway. 16. There has also been reconsideration of the means of providing access and it is now proposed that the main access be taken from London Road rather than Banbury Road via the Cromwell Park access. This may overcome, at least in part, the Cromwell Park objection prior to the court hearing. It is likely that pedestrian and cycle access would still be required via the Cromwell Park access but the grounds for their objection would be substantially overcome. 17. It is intended that a revised planning application be submitted but as a detailed application, with the supporting environmental assessment, when Highways’ advice has been clarified and the further work required to achieve a detailed application and environmental impact assessment, have been completed. Consultations 18. The County Council has a duty to consult on the ways in which the transfer of residents to the new care home will be managed. This will be will be timed to take place early on in the development programme so that residents and their families can have the appropriate involvement in the development as it impacts on the residents in Castle View. 19. The consultation will be over how the residents in Castle View will move from that home when it is closed. This will include arrangements for: preparing the residents for the move; the involvement of families; advocacy support; and the assessment of each resident’s needs. The consultation will also cover the admissions policy to Castle View up to the time of its closure. Castle View 20. Castle View will be kept open and up to the required standards until the new home is opened. The residents and their families will be as fully involved as possible in the arrangements for the move. This is a process that OSJ have been involved in with each of the new developments they have been responsible for and this experience will be applied to Castle View. Arrangements will be made with Age Concern Oxfordshire for the involvement of an advocate for the residents. These arrangements will be made in the light of the consultations outlined above. 21.
Castle View will require a level of repairs and maintenance
to see it through the next two years. The programme that OSJ has prepared
has been reviewed by the County’s property advisors and agreed as being
appropriate and the minimum necessary for the safe and proper functioning
of the home. The total programme over the next two-year period is estimated
to cost £85,000. It is proposed that this is covered from the eventual
sale of the site. RECOMMENDATIONS 22. The Cabinet is RECOMMENDED to: (a) agree to confirm the Council’s commitment of the purchase of 20 places in the new Chipping Norton care Home; and (b) authorise the Cabinet member for Social Care & Policy Coordination to agree to Head of Terms for the scheme, subject to any advice from the County Solicitor. JOHN JACKSON Background: Nil. Contact Officer: Nick Welch, Head of Planning and Partnerships, Tel 01865 815714. March 2007
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