Cabinet Questions Learning Disability Service (5th February 2014)‏


Q.1 Option 1 could have included an In – House Service Improvement Plan rather than “As is” (or Status Quo)?


a)     If the In House service is not attracting young people then why can’t the service be reconfigured (redesigned) now to take account of this “limitation”?

b)     Why will a Social Enterprise (SE) and partner be able to do it differently/better?

c)      Why are the “processes to raise money and make investment decisions within local government…too slow” to respond to service users needs? Can this be evidenced (with comparators)?

d)     What are the “market needs” (Paper A, A4-Option 1)?


Q.2 Relates to TUPE (and Secondment) if Option 2 is explored further?


a) Will TUPE Plus (Builds on TUPE rights whereby it is included in the contract with a guarantee that there will be no deterioration in terms and

conditions during the life of the contract and the contract could also state there will not be a two tier system (workforce) i.e. new starters will be employed

on the same terms and conditions of employment) be considered “given there are no savings targets associated with the decision”?


b) Will existing staff and new staff have access to the Local Government Pension Scheme (LGPS)?


c) Would the new organisation honour National Joint Council negotiated changes to terms and conditions of employment including pay increases and pension changes?


Q.3 Relates to Social Enterprises (SE)/ Mutualisation


a) Does the Mutual Principle incorporate business partners being chosen by the client?

b) Where is the cost of setting up a Mutual coming from (£750,000)? Will it be imposed on a new organisation?

c) Is there any evidence of establishing Social Enterprises that have incurred legal challenge(s) as suggested in the draft business case (Option 2)?

d) What rate of return/surplus would the SE and the (as yet unknown) business partner expect or has been forecast in the draft business case?

e) Will the risk registers and risk and issue logs be publicly available?

f) As all members of the board will be legally bound to act in the interests of the company, what will be the role of service users/carers be on the board if they cannot meaningfully represent the interests of users/carers?

g) How (what is the method?) can the predicted sickness rates (costs) be lower in a proposed new organisation?

h) What will be the mechanism(s)/protocols to handle statutory responsibilities?

i) Who/what body will manage the legal and contract responsibilities imposed by a “commissioner”?

j) Can the financial details of all the options be supplied with all relevant baseline figures and projections?

k) Why is Appendix 2F (“contains exempt information and is therefore marked confidential”) not available for public scrutiny?

l) Your Choice Barnet (YCB) was recently (Social Enterprised?) created/outsourced (including LD services) and is now proposing a10% pay cut and leaving national bargaining (outsourcing “difficult decisions”?). How can the LD commissioning service and provider service ensure there will not be a similar outcome in Somerset?

 Nigel Behan

Unite Representative


Cabinet Meeting
The Cabinet is the main decision making body of the Council and is due to make a decision about the future of the Learning Disabilities Provider Service (LDPS) when it meets on Wednesday, 5 February, starting at 11am at Somerset College, Taunton Conference Centre. For directions and information on parking please use the following link If you are unable to access the internet please contact the venue on 01823 252934 for any queries regarding the venue and parking.

The papers for the Cabinet meeting will be published on the Council’s website on the afternoon of Tuesday 28 January 2014. To see them please use the following link

If you can’t access the link and would like a printed copy of the document, please contact Andrew Hedges, Change Officer on 01823 357837 or

The Cabinet meeting is a public meeting. If you wish to speak at the meeting, or require further information about it, please contact Julie Netherton, the Committee’s Administrator, by 12 noon Tuesday, 4 February 2014 (the working day before the meeting), on Tel (01823) 359027 or email:

You can also submit a question(s) or statements for the meeting in writing and you will get a written response. Written responses are expected to be sent out within 20 working days of the meeting. Please send them to the contact details above (the same addresses as Scrutiny Committee) by 12 noon on Tuesday 4 February 2014. Please make it clear that you are submitting your question(s) or statements to Cabinet.



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