Issue - meetings

This report details a decision taken by the Cabinet under the special urgency provisions contained within the Constitution.  

Discussion:

This report provided details of a decision (Section 75 Agreement with NHS England for Commissioning HIV Services) taken by the Cabinet on 14 April 2015 under special urgency provisions, in accordance with both Section 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) 2012 and Rule 17 (Special Urgency) of the Access to Information Rules as set out in the Constitution.

The Leader of the Council, Councillor Rodney Chambers OBE, supported by Portfolio Holder for Finance and Deputy Leader, Councillor Jarrett, proposed the recommendation in the report.

Decision:

The Council noted the report.

Please note that this report has been added to the Agenda as an urgent item of business, please refer to paragraphs 1.2 and 1.3 of the report for further information.  

Background:

This report sought agreement to enter into a Section 75 agreement with NHS England for the commissioning of Human Immunodeficiency Virus (HIV) services. This would allow the Council to commission an integrated sexual health service for Medway including provision of contraception and the diagnosis and treatment of sexually transmitted infections including HIV. The report had been distributed within Supplementary Agenda No. 1.

It was noted that the Health and Social Care Act 2012 gave upper tier local authorities responsibility for commissioning comprehensive sexual health services including contraception and the testing and treatment of sexually transmitted infections as part of their new public health duties. Responsibility for commissioning services for the treatment of HIV remained with the NHS and was part of the specialist commissioning function of NHS England.

A section 75 agreement was proposed, with Medway Council as the lead commissioner, to facilitate the commissioning of an integrated sexual health service through a single procurement process and contract.

The Cabinet agreed to accept this report as an urgent item because the next Cabinet meeting was not scheduled to take place until mid June. Delaying the approval of the Section 75 agreement until then will cause a delay in the tender process for the commissioning of an integrated sexual health service, which in turn would leave the new premises for the delivery of these services unoccupied at the Council’s expense.

It was noted that a revised Forward Plan had been published in accordance with both Section 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) 2012 and Rule 17 (Special Urgency) of the Access to Information Rules as set out in the Constitution. The Chairman of the Health and Adult Social Care Overview and Scrutiny Committee had also agreed that the proposed decision was urgent and could not reasonably be deferred for the reasons set out above.

Reasons:

A Section 75 agreement with NHS England for Medway Council to commission HIV treatment and care services on their behalf would enable the commissioning of an integrated sexual health service for the residents of Medway.