Swindon BC and PCT give initial backing for adult care social enterprse

The Cabinet at Swindon Council has given its initial backing for the creation of a social enterprise providing all adult health and social care services in its area.

The arrangements would see employees from the local authority and Swindon Primary Care Trust transferred across under TUPE to the new vehicle. This would, if implemented, be the first time such a social enterprise had been set up in England for these services.

The social enterprise is the preferred option of the director of adult social care at Swindon Council and the PCT. However, Swindon’s director will now prepare a full business case examining its feasibility and the various other options available.

The move is part of a continued drive to integrate health and social care services for Swindon.

The Cabinet papers also point out that the NHS Operating Framework 2010/11 requires PCTs to stop directly providing services – “as a result, arrangements for the transfer of NHS staff to a new organisation such as another NHS provider, local authority or social enterprise, need to be in place by 1 April 2011”.

Under the plans, the preferred option for children's services is for relevant PCT staff to be TUPE-transferred to the council, also with effect from 1 April 2011.

The Cabinet has authorised the council’s group director for children to enter into new National Health Services Act 2006 Section 75 Agreements with the PCT for the commissioning of services with a pooled fund and for the provision of services from next April for a three-year period.

This will be “on such terms as the Director of Law and Democratic Services may consider necessary to protect the Council’s interests and those of NHS Commissioners, and subject to completion of due diligence and identification of risk mitigation in relation for finance, TUPE and human resources issues”.