Agenda and minutes

Venue: Civic Hall, Leeds, LS1 1UR. View directions

Items
No. Item

37.

Chair's Opening Remarks

Minutes:

The Chair welcomed Members of the public in attendance at the meeting.

 

The Chair welcomed Sandra Newbould a new Principal Scrutiny Advisor who will shortly be taking over the duties for the Board from Steven Courtney. 

 

38.

Declarations of Interest

To declare any personal / prejudicial interests for the purpose of Section 81 (3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct.

Minutes:

There were no declarations of interest reported at this point in the meeting. 

(Refer to Minute 41 below).

 

39.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received on behalf of Councillor D Coupar,

Joy Fisher – Co-optee Alliance of Service Users and Carers and Sandie Keene, Director of Adult Social Services.

 

40.

Minutes - 15th October 2008 pdf icon PDF 82 KB

To receive and approve the minutes of the previous meeting held on 15th October 2008.

 

Minutes:

RESOLVED – That the minutes of the meeting held on 15th October 2008, be confirmed as a correct record.

 

41.

The Mental Capacity Act 2005 pdf icon PDF 102 KB

The Director of Adult Social Services submitted a report to inform Members of the implications associated with the implementation in Leeds of the Mental Capacity Act 2005 and it also outlines the requirements of the Deprivation of Liberty Safeguards (DoLS) which are incorporated into the Mental Capacity Act 2005, which also feature prominently in the implementation of the Mental Health Act 2007.

Minutes:

The Chair welcomed the following Officers to the meeting who outlined the report and responded to Members’ questions and comments:-

 

Dennis Holmes – Chief Commissioning Officer

Dave Shields – Service Delivery Manager (Adults)

 

Members noted that the Mental Capacity Act 2005 was based on the following five key principles:

 

(a)  A presumption of capacity.

(b)  Right of individuals to make their own decisions.

(c )   Right not to be treated as lacking capacity merely because of unwise or   eccentric decisions.

(d)  Needs to ascertain what is in the best interests of the individual.

(e)  Least restrictive intervention.

 

The Board was advised that the Act was a wide ranging piece of legislation potentially affecting the lives of many thousands of citizens in Leeds and the main provisions were aimed at protecting the interests of the most vulnerable people in our community.  The Board was also advised that the main provisions of the Act set out in the report that were introduced since 2007 were:

 

·  Independent Mental Capacity Advocacy (IMCA) Service becoming operational.

·  Two new Criminal Offences are introduced of ill treatment and wilful neglect.

·  Capacity Defined, the Act sets out the criteria for assessment, and codifies existing Common Law it also sets out a clear decision specific test.

·  Best Interest Checklist – the Act provides a checklist that decision makers must work through in deciding what is in the person’s best interests and how to decide this.

·  Acts in connection with Care/Treatment (‘Section 5 Acts’).  For the first time there is law to protect carers, healthcare and social care staff from liability when acting in connection with care or treatment for those who lack capacity under Section 5.

·  Lasting Powers of Attorney (LPA’s) appointed in advance by someone if s/he should lose capacity – able to make health and welfare decisions as well as property and affairs if authorised.

·  A new Court of Protection  - the new court will have jurisdiction relating to the whole Act so its remit includes social are and health decisions when appropriate.

·  A new Public Guardian – who will supervise Court of Protection deputies and powers of attorney, and work with all agencies in relation to any concerns with these roles.

·  Court Appointed Deputies (to replace receivership’s) – this structure replaces current receivership and deputies are able to make welfare, financial and most health decisions as authorised by the Court.

·  Advance Decisions (formerly known as Advance Directives or Living Wills) – there will be statutory rules with safeguards and strict formalities so that people can make an advance decision about refusing medical treatment.

·  Research Issues – there are very clear guidelines that protect the person who lacks capacity.

·  Deprivation of Liberty Safeguards (DoLS)which are incorporated into the Mental Capacity Act and which also feature prominently in the implementation of the Mental Health Act 2007.  The safeguards create two new legal entities:

 

-  Managing Authority (Care Homes/Hospitals) who provide care and must request authorisation to deprive the liberty of  ...  view the full minutes text for item 41.

42.

Leeds Joint Strategic Needs Assessment (JSNA) pdf icon PDF 106 KB

To consider a joint report of the Director of Adult Social Services, Director of Children’s Services and Director of Public Health on the progress made in producing Leeds’ first Joint Strategic Needs Assessment (JSNA) and to provide comments to guide its further development.

 

Additional documents:

Minutes:

The Directors of Adult Social Services, Children’s Services and Public Health, submitted a joint report which invited the Board to consider the progress made in producing the first Leeds Joint Strategic Needs Assessment (JSNA).

 

Appended to the report were copies of the following documents for the information/comment of the meeting:-

 

·  Public, Patient, Service User and Carer Feedback (Annex A refers)

·  High Level Plan to improve joint planning and commissioning through JSNA (Annex B refers)

·  Summary of the JSNA Data Pack (Annex C refers)

 

The Chair welcomed the following Officers to the meeting who responded to Members’ questions and comments:-

 

·  John England – Deputy Director (Partnerships and Organisational Effectiveness)

·  Alison Beal – Department of Health

·  Lucy Jackson – Public Health Consultation, NHS Leeds (Leeds PCT)

 

A brief overview of the key points detailed within the report were provided and Members sought clarification on a number of issues, including:

 

·  Balancing the provision of both primary care and adult social care services across the City and focussing on specific areas of identified need (i.e. Super Output Areas) 

·  Whether or not any analysis had been undertaken regarding the health and wellbeing needs of people on benefits as a specific / defined group of people.

·  Whether the results of producing the JSNA and the closer partnership working that should result had any impact on organisational structures.

·  Focusing on long-term planning and the impact that this may have on the ability to respond flexibly to emerging issues.

·  The need for the Council and its partners to collectively trust the data collected.

·  The role of Area Management in providing and collecting data and publicising information on a locality basis.

·  The need to ensure the data available feeds into the decision making processes of the Council and its partners. 

 

The Chair thanked Officers for their attendance

 

RESOLVED –

(a)  That the contents of the report and appendices be noted.

(b)  That a further update report be submitted to the 11th March 2009   meeting. 

(c)  That any outstanding issues referred to above be dealt with by those   Officers now identified within the minutes and reported back to Board   Members. 

 

Note:  Councillor Andrew left the meeting at the conclusion of the above item

43.

Work Programme pdf icon PDF 64 KB

To consider a report of the Head of Scrutiny and Member Development on the Board’s current work programme and an extract from the Forward Plan of Key Decisions, and to note the minutes of the Executive Board Minutes held on 8th October 2008.

 

 

Additional documents:

Minutes:

The Head of Scrutiny and member Development submitted a report inviting Members to consider and approve the current work programme for 2008/2009.

 

Appended to the report was a schedule of items for future Scrutiny Board meetings and details of the established Working Group.  Also attached to the report was an extract from the Forward Plan of Key Decisions for the period 1st November 2008 to 28th February 2009 and the minutes of the Executive Board meeting held on 8th October 2008.

 

In brief, the main points of discussion were:

 

·  Minute 95, Executive Board meeting held on 8th October 2008 (Resolution (f)) requesting this Board to monitor progress of the personalisation agenda.  It was suggested that the Proposals Working Group meet  on Friday, 12th December 2008 at 2.15 p.m. to consider the personalisation agenda and the Board’s potential involvement

·  Confirmation of the next Adaptation Working Group on 15th December 2008 to consider the adaptations framework and performance management.

·  Confirmation of an additional Adaptations Working Group meeting for Monday, 12th January 2008 at 10.00 a.m. to consider the issues around Value for Money - Customer Service and User Feedback.

·  Consideration of the draft Dignity in Care statement at a future meeting.

·  Confirmation that the Chair of the Healthy Leeds Partnership (Councillor Lancaster) be invited to a future meeting of the Board to discuss the work of the partnership and any interface with the work of the Scrutiny Board.

 

RESOLVED –

(a)  That the report and information appended to the report be noted.

(b)  That, subject to the necessary rescheduling matters identified at the   meeting, the work programme be agreed.

 

44.

Date and Time of Next Meeting

Wednesday, 10th December 2008 at 10.00 a.m. (Pre-meeting at 9.30 a.m.).

 

Minutes:

An additional meeting of this Board has been arrange to consider the Income Review for Community Care Services – Consultation on Monday,

24th November 2008 at 10.00 a.m. (Pre-meeting scheduled for  9.30 a.m.)

 

The next scheduled Board meeting will take Wednesday, 10th December 2008 at 10.00 a.m. (Pre-meeting scheduled for 9.30 a.m.) 

 

 

(The Chair thanked Members for their attendance and the meeting concluded at  12.05 p.m.)