Decision Maker: Andy Brown (Corporate Director Resources & Deputy Chief Executive)
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To approve the interim arrangements for
Deferred Payment Agreements
This decision would in other circumstances be
taken by Cabinet. However, in circumstances where Cabinet is unable
to meet to expedite its functions in a timely manner during the
COVID-19 pandemic, this decision is being taken in accordance with
the power referred to under background below. This decision will be
reported to the next meeting of the Cabinet.
See appendix for the rationale for this decision
I confirm that in making this decision I have considered the
following in line with Wiltshire Council’s
Constitution:
Key decision requirements: yes
Views of relevant cabinet member(s), committee chairman, area
board(s): yes
Consideration of the area boards and delegated decision checklist
for officers on the issue of when and how to involve local
councillors and area boards in decisions about local services:
yes
Implication of any council policy, initiative, strategy or
procedure: Yes; this ensures that care costs are covered for
clients and that providers receive payments whilst mitigating any
potential loss of income due to the council
Consultation in accordance with requirements and expectations of
consultation with the public: NA
Range of options available: Yes – see appendix
Staffing, financial and legal implications: Yes – legal
advice taken into account in determining the interim
arrangement
Equality implications: Yes
Risk assessment: Yes
Involvement of statutory officers and/or directors: Yes
Regional or national guidance from other bodies: yes
The council’s constitution: Yes
This contract is suitable for execution under the e-signature
process: NA
The option to withhold payments to care
providers until the charges can be secured puts care placements at
risk and is not in line with the guidance with regard to the
council’s obligations under the Care Act.
Conflict of Interest: Not applicable
Background: Pursuant to paragraph 4 of Part 3 Section D, the Directors of Wiltshire Council are is empowered to take all necessary decisions in cases of emergency. This decision is being taken by Andy Brown using these powers in circumstances where the Director concerned believes that there is a risk of damage to property, a threat to the health or wellbeing of an individual and/or that the interests of the Council may be compromised if this decision is not otherwise taken.
Contact: Andy Brown, Corporate Director Resources & Deputy Chief Executive Director of Finance and Procurement Email: andy.brown@wiltshire.gov.uk.
Publication date: 28/07/2020
Date of decision: 24/06/2020
Accompanying Documents: