Decision details

Approval for deferred payment agreements

Decision Maker: Andy Brown (Corporate Director Resources & Deputy Chief Executive)

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

To approve the interim arrangements for Deferred Payment Agreements

Reasons for the decision:

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

Alternative options considered:

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 (S.151 Officer) Director of Finance and Procurement Email: andy.brown@wiltshire.gov.uk Tel: 01225 713070.

Publication date: 28/07/2020

Date of decision: 24/06/2020

Accompanying Documents: