Issue details

Summary

The Cabinet will be asked to approve the commencement of discussions with regard to the re-provision of the services at the Napier Unit (respite services for working age adults with a learning disability) and the Enhanced Care Unit (ECU) (day care provision for people with enhanced care needs).

Access to Information

The report together with any other documents being considered (unless they contain exempt information) will be available for inspection 5 clear days before the decision is taken by the Cabinet. Copies are available on the Council's website or requested from Democratic Services Medway Council, Gun Wharf, Dock Road, Chatham, Kent, ME4 4TR or email democratic.services@medway.gov.ukIf you wish to submit information to the Cabinet about the item please also contact Democratic Services. It is noted that the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 requires 28 clear days’ notice of the intention to make a key decision. On this occasion it has not been possible to provide this 28 clear days’ notice, therefore, section 10 (General Exception) of the above regulations have been complied with.

Notice of Intention to Conduct Business in Private

This report will contain some information which the Cabinet may decide to consider in private. This is because, in the view of the Proper Officer, consideration of the information in public would disclosure of exempt information as described in paragraph 3 of Schedule 12A of the Local Government Act 1972 - information relating to the financial or business affairs of any particular person (including the authority holding that information).

Should you wish to make any representation for the discussion of this item to be held in public, you should contact: Democratic Services, Medway Council, Gun Wharf, Dock Road, Chatham, Kent, ME4 4TR or email democratic.services@medway.gov.uk  

It is noted that the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 requires 28 clear days’ notice of a Cabinet meeting to be held in private. On this occasion it has not been possible to provide this 28 clear days’ notice. The Chairman of the Health and Adult Social Care Overview and Scrutiny Committee has agreed, in accordance with the provisions of the 2012 Regulations, that this matter is both urgent and cannot be reasonably deferred. This report is urgent because formal approval is required firstly to commence negotiations with the identified provider and the sharing of information for the negotiations cannot begin without this approval.  This will include sharing specific details in relation to staff and service users, and will enable them to formalise and firm up their proposal in relation to these services.

Secondly, the next meeting of the Kent County Council Pensions Committee takes place in June 2014 at which approval will be sought for these staff to be granted admitted body status in order for the staff to Tupe across to the identified provider and remain in the KCC pension. In addition, the Council is aiming to award the contract at Cabinet on 15 July 2014 for the commencement of the contract on 1 August 2014.  If the Council does not begin negotiations until a later date, the 1 August date will not be achievable.

The Cabinet’s response to any representations will be published on 31 March 2014 within the Cabinet Agenda.A final decision on whether this item will be determined in private will be taken during the meeting.