Further to Minute No. 176, 14th February 2014, the Director of Adult Social Services submitted a report which sought approval to complete all outstanding work including specifications and supporting documentation in order to enable the creation of an independent Social Enterprise in the form of a staff-led public service mutual, from the Council’s current in house Learning Disability Community Support Service; the transfer of business to that Social Enterprise and the awarding of a contract for the delivery of services for a 5 year period, subject to the value of the contract in the first year not exceeding £21.454m per annum.
The Board welcomed the proposals detailed within the submitted report, specifically the innovative and creative approach which was being taken towards meeting the increased demand for such services at a time of limited resource.
Following consideration of Appendices A and F to the submitted report, being designated as exempt from publication under the provisions of Access to Information Procedure Rules 10.4(3) and 10.4(5) respectively, which were considered in private at the conclusion of the meeting, it was
RESOLVED –
(a) That the following be noted:-
(i) The significant progress which has been made to date (including obtaining staff support), in relation to the creation of a Social Enterprise for the Learning Disability Community Support Service;
(ii) The creation of Aspire Community Benefit Society Limited as a separate legal entity as the Social Enterprise;
(iii) The revised social enterprise organisational structure and contractual arrangements as detailed in section 3.6 of this report;
(iv) The requirement to complete all outstanding work required to:
· finalise all necessary supporting agreements required for the enterprise to function, including those relating to the transfer of the business including staff and non-buildings based assets, provision of support services by the Council and those relating to the occupation / use of property by the Social Enterprise;
· award a contract for the delivery of services to the newly formed Community Benefit Society or its subsidiary, as detailed in paragraph 3.6 of the submitted report;
· complete formal consultation with staff and trade unions in relation to the TUPE transfer of all staff defined as ‘in scope’ for this service.
(b) That approval be given to the Council’s participation in Aspire via the nomination of 3 Elected Members, as approved by Member Management Committee, to join the board of directors of Aspire, and (if so nominated by the Aspire board), the board of directors of Aspire Services (Leeds) Ltd.
(c) That subject to the satisfactory completion of the tasks identified in the resolutions above, it be noted that the (Interim) Director of Adult Social Services will:
(i) approve the award of the contract for services to the newly formed Social Enterprise;
(ii) approve the detail of any necessary documentation to complete the transfer of business and contract for services to the Social Enterprise, subject to the value of the contract in the first year not exceeding £21.454M per annum (which in turn is less than the cost of provision had the service remained within the Council);
(iii) In relation to pensions, agree that the Council will act as a guarantor to the Social Enterprise’s admitted body status to the West Yorkshire Pension Fund, as detailed in sections 3.5.7 to 3.5.9 of the submitted report.
(d) That approval be given for the Director of City Development to enter into negotiations with the Social Enterprise in order to agree the necessary leases/licences (co-terminus with the Services Agreement) to document the occupation of premises to be utilised for the provision of the service and to agree details of rent/service charges to be paid;
(e) That the following key next steps be noted:-
(i) February/March 2015 - Finalise and award contract;
(ii)February - May 2015 – Mobilisation;
(iii) 1 June 2015 - Full service commencement.
(f) That it be noted that the Interim Director, Adult Social Care is the lead officer on such matters.