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Executive Scrutiny

Call in Procedure

The Members requesting the call-in will explain the reasons for calling in the decisions as detailed in the report.

  • Members and Officers may ask questions and/or seek clarification on what has been presented. 
  • Non-Council Members will be asked if they wish to speak/address the Committee on the reasons for the call-in (maximum 5 minutes for each speaker or group spokesperson).
  • Members and Officers may ask questions and/or seek clarification on what non-Council Members may have said.
  • Members who have declared personal and prejudicial interests will be given an opportunity to make representations to the Committee and/or respond to questioning before deliberations and a final decision is made.
  • 6. Members and Officers may ask questions and/or seek clarification on what Members who have declared personal and prejudicial interests may have said. 
  • Members with a personal and prejudicial interest will leave the meeting.
  • Chief Officers, Cabinet Members or other Members as appropriate will explain the reasons for the cabinet decision and respond to any issues raised by the call-in. 
  • Members of the Committee and Members requesting the call-in may ask questions and/or seek clarification from Officers and Cabinet Members or other Members as appropriate. 
  • Cabinet Members will leave the meeting.
  • Members of the Committee will deliberate and come to a decision

(2) report

|(3) cabinet report

(4) decision record

|(5) call in

(6) response

|(7) response appendix

EXECUTIVE SCRUTINY COMMITTEE

10 APRIL 2008

REPORT OF DIRECTOR OF LAW AND DEMOCRACY

Parkview Care Home, Thornaby

Detail

1. The decision of Cabinet, taken on 13th March 2008, in relation to Parkview Care Home, Thornaby has been subject to a valid call-in.

  • 2. The reasons for the call in relate to the following principles of decision making:
    • Proportionality
    • Due Consultation
    • Respect for Human Rights
    • A presumption in favour of openness.
    • An explanation of what options have been considered and giving the reasons for decisions
  • The following members and officers will be present at the meeting:
  • Councillor Ann McCoy
  • Ann Baxter
  • Sean McEneany
  • 4. The documents detailed below are attached for consideration by the Executive Scrutiny Committee:
  • Report to Cabinet – 13 March 2008   Appendix 1
  • Decision record   Appendix 2
  • Call in form and papers   Appendix 3
  • Response Paper by Corporate Director
  • of Children, Education and Social Care  Appendix 4
  • Director of Law & Democracy
  • Contact Officer: Margaret Waggott
  • Telephone No: 397064
  • Email address: margaret.waggott@stockton.gov.uk

STOCKTON-ON-TEES BOROUGH COUNCIL

 

CABINET DECISIONS

 

PROFORMA

 

 

Cabinet Meeting…………………………………13 March 2008

 

  • 1. Title of Item/Report
  • Parkview Care Home
  • 2. Record of the Decision
  • Cabinet was reminded that at its meeting in December 2007 it had considered a report that set out a proposal to commence a consultation exercise on the future service provision of Parkview Residential Care Home in Thornaby, given National Guidance and the Council’s local policy.
  • Cabinet agreed the period of consultation and noted that feedback from the consultation would be provided at a future meeting. In addition Cabinet asked the Adult Service and Health Select Committee to undertake a short review to determine:-
    • The national and local policy framework around services for older people.
    • The factual issues around Parkview Care Home focusing particularly on the building occupancy, care standards, financial information and staffing.
  • The Select Committee was asked to feedback its findings to Cabinet to inform future decision making.
  • Cabinet was provided with the Select Committee report that included a summary of the feedback received during the consultation process.
  • Members noted that the Select Committee had received evidence from officers, representatives for residents/carers, staff, Village Park Residents Association and Ward Councillors. The Committee undertook site visits to Parkview Care Home, Mandale House Care Home, The Poplars Care Home and Aspen Gardens (Extra Care facility).
  • The report contained evidence about the national and local policy around services for older people and factual issues relating specifically to the Parkview Care Home
  • Cabinet noted that the Committee was able to confirm that it had not received any contrary evidence to that received by Cabinet in December.
  • During the review the Committee considered the following possible outcomes and related implications for the future of Parkview Care Home:-
  •  

     

     

    1

    The existing hold be removed and Parkview be actively promoted so that the level of demand could be determined

    Delaying a decision for one year has the possibility of upsetting a larger number of people than were resident at Parkview. Due to the continued cost levels the Council might also be criticised by CSCI and the audit Commission for its use of resources.

    2a

     

     

     

     

     

     

    2b

    Refurbish Parkview to the Grade 1 standard it would need to achieve as any alterations would be deemed as a ‘change of use’

     

     

     

     

    Update one room at a time.

    A full structural survey and review of the building footprint would be required. Major structural works would then require the closure of Parkview and the resettlement of residents (not necessarily all to the same place) whilst work was undertaken. The number of bedrooms would reduce to meet Grade 1 standards without an extension to increase the size of the facility.

     

     

     

    The variety of rooms and room sizes limits this possibility.

    3

    Develop Parkview as an Extra Care facility

    Developing existing building would be problematical. The ‘site’ however could be developed by a housing provider. Site was likely to be suitable for a new build facility. Grant funding would need to be explored. Options appraisal required

    4

    Sell Parkview to an alternative provider

    Change of ownership would require alternative provider to bring Parkview up to Grade 1 standard at great cost which is likely to make purchase unattractive.

  • Cabinet noted that, at the Select Committee’s final meeting, relating to this review, it had considered each of the alternative outcomes detailed above. Support had been expressed, by some Members, for outcome 3, however, a proposal to recommend outcome 2a to Cabinet was carried, following a vote by 4 of the 6 Members present.

 

Cabinet received representations from the following groups, present at the meeting:-

 

  • Members of the Adult Services and Health Select Committee
  • Public
  • Residents and/or their representatives
  • Employees
  • Ward Councillors

These representations expressed support for the Council to find resources, refurbish Parkview and maintain it as a residential care home

  • Members considered the Select Committee report, the evidence it contained and the representations submitted at the meeting and provided responses where required.

 

The Cabinet Member for Adult Services and Health thanked the Select Committee for the work it had undertaken and the useful evidence that had informed the development of the options identified in the report. The Cabinet Member noted that the Committee had recognised that the status quo was not an option and that changes were required to ensure that the Council offered the services that people wanted, met the highest possible standards and ensured the best use of public funds.

 

The Cabinet Member continued and proposed specific recommendations:-

 

  • that a closure programme be prepared for Parkview and that Officers be asked to explore the possibility of replacing Parkview Home with an Extra Care facility on the same site. This would offer supported living to individuals to enable them to continue to live in their own homes with extra care and support for as long as possible. This recognised the need to further develop popular services in Thornaby for the authority’s vulnerable population.
  • that Officers be asked to begin a process of assessment with the current 13 residents at Parkview and their families to explore their needs both now and into the future
  • that Cabinet receives an update report on the progress around a potential extra care development and the reassessments of the current residents in 3 months time.

Cabinet considered and approved the recommendations.

 

RESOLVED that

 

  • a closure programme be prepared for Parkview, and Officers explore the possibility of replacing Parkview Home with an Extra Care facility on the same site.
  • that Officers begin a process of assessment with the current 13 residents at Parkview and their families to explore their needs both now and into the future
  • that Cabinet receives an update report on the progress around a potential extra care development and the reassessments of the current residents in 3 months time.
  • 3. Reasons for the Decision

 

    • To ensure that care services continue to meet the needs of older people across Stockton Borough.
    • To contribute to the achievement of the Council’s Strategy for Older People and comply with national policy and guidance
    • To ensure the effective use of resources and improve value for money.

 

 

4. Alternative Options Considered and Rejected

  •  As detailed above - Outcome 1, 2a, 2b and 4
  • 5. Declared (Cabinet Member) Conflicts of Interest
  • None
  • 6. Details of any Standards Committee Dispensation
  • None
  • 7. Date and Time by which Call In must be executed
  • By no later than midnight on Tuesday 25th March 2008
  • Proper Officer
  • D.E.Bond
  • 17th March 2008

Parkview – Response to Call In

Executive Scrutiny Committee

10 April 2008

 

a) Proportionality

 

The concept of "Homes for Life" was set out in February 2000 around a framework and action plan to implement a vision for older people in Stockton to promote their independence and quality of life. This policy focuses on a range of community based services to maintain people in their own homes as an alternative to residential care.  The range of services available has changed over time and now includes:

 

Domiciliary care provision

Development of Direct Payments and Individual Budgets

Expansion of Extra Care

Respite Services

Supporting People services

Community Alarm services

Telecare developments

Community services including rapid response and intermediate care.

Assessment and Hospital Discharge Support Beds

 

Residential care is only part of the range of services available but there are places available across the sector for service users to access where appropriate.

 

From an economic perspective Parkview currently consumes a disproportionate level of resources which could be redirected and reinvested in other services to enable the continued development of the "Homes for Life" policy.

 

For those currently resident at Parkview there is no expectation that they will progress to independent living. Residents will be reassessed, and based on the service user's needs and choice, will be offered appropriate places in alternative care homes.

 

b) Due Consultation

  • Throughout 2007 a review of services was underway which included Parkview. As part of the review process the emerging situation around Parkview was explained to Thornaby Independent Councillors on 6 November 2007 in order to clarify the current position. Following this meeting the Northern Echo reported on the speculation. Officers provided a statement, but not before a meeting could be convened to speak to the staff at Parkview about emerging rumours and speculation. The meeting took place on November 9th 2007 with Officers, HR and Unions in attendance. It was explained at that time that further to the service review, a report would be presented to Cabinet on 20th December 2007 to request a period of formal consultation to look at the options for future services at the Home.

 

Following the cabinet decision, a formal consultation was set for January 21st 2008 to February 25th 2008. Within this process, information regarding meetings and other ways in which comments and views could be heard was circulated to members through Democratic Services, Stockton Borough web site and notices in Parkview.

  • The option of attending one of the 8 meetings arranged, or writing in if preferred either by letter, e-mail or through an independent research organisation, were available.
  • The meetings were as follows:

 

24.01.08: Staff of Parkview Home: 24 attendees

25.01.08: Clients/Residents and Carers: 10 attendees

28.01.08: Staff of Parkview Home:  6 attendees

29.01.08: Clients/Residents and Carers: 11 attendees

29.01.08: Area Partnership Board:  9 attendees

11.02.08: Over 50’s Assembly: 24 attendees

14.02.08: Scrutiny Committee: 18 attendees

14.02.08: Interested Parties: 21 attendees

NWA Research:  9 responses

 

84 people in total attended one or more of the meetings made up from:

 

30 staff

23 family members

3 friends

2 Union representatives

4 members of the Village Park Residents Association (VPRA)

7 Councillors

15 others (Area Partnership Board and others not recorded.)

 

In addition to the above 4 letters were received and a petition signed by 1495 people in support of the VPRA

 

In order to be completely consistent throughout the consultation meetings the Cabinet paper (of 20/12/07) was used as a tool to both inform and explain the options to the attendees. Copies of the Cabinet paper were available at each meeting. 

  • Two options were to be the focus of the consultation:
  • Identify resources to upgrade facilities at Parkview
  • SBC closes the Home and resettles the current residents into alternative Homes in the locality and reinvest in preventative community based services

At each consultation meeting both options were raised and the meeting was asked that a period of time be spent exploring each option. Despite this request, it became the pattern that as soon as the meeting was opened up to the floor the questions and comments focussed almost exclusively on the second option of closure. (The actual transcripts of the meetings are available for scrutiny if required). A full question and answer document compiled from the meetings was submitted with the Cabinet paper of March 13th 2008 although in this case the questions were grouped together to avoid repetition.

 

Economic considerations were inevitably discussed throughout the consultation process since they are an integral part of being a publicly funded entity, and this carries a recognised responsibility to promote best value in all our dealings. This was not a one dimensional approach but given the level of attention on the option to close, responses inevitably focussed on this element. 

 

Attached as Appendix 1 is the framework officers used to manage the meetings which evidences an open and transparent approach.

  • c)  Respect for Human Rights
  • Article 8 of the European Convention of Human Rights (ECHR) provides:

 

“1. Everyone has the right to respect for his private and family life, his home and correspondence.

 

2. There shall be no interference by a public authority with the exercise of this right except such as in accordance with law and is necessary in a democratic society in the interests of national security, public safety or the well being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of rights and freedoms of others.”

 

It is arguable that Article 8 is not infringed in respect of the proposals (as clients affected are not guaranteed a placement at Parkview “for life” and the Council will find alternative placements in suitable accommodation according to their individual needs). 

 

In any event any interference with Article 8 can be justified in accordance with Article 8(2). The Council must balance the needs and interests of those affected by the proposed closure and the needs and interests of others in the Council`s area. The Courts have acknowledged that it is appropriate for a Council to seek the most effective ways of fulfilling its various statutory responsibilities within the existing financial constraints and that they would be slow to interfere with decisions which involve balancing service needs and resources. In the case of the Service review of Parkview this can be justified in respect of

 

  • national and local policy;
  • business rationale;
  • refurbishment costs;
  • places available in independent sector;
  • individual assessments;
  • managing and supporting moves;
  • grant funding recently available for extra care option

Although the Human Rights Act only applies to the provision of services by a public authority, and therefore currently the Act does not apply to the care services provided by the independent sector, the Council has included within its revised residential and nursing care contracts with the independent sector a requirement for compliance with the Act. Clients transferring to independent sector homes which contract with the Council under the revised terms and conditions will continue to have some protection under the Human Rights Act.

 

The vast majority of care provided in independent sector care homes is of a satisfactory or higher standard. Standards are monitored by CSCI and by commissioners on an ongoing basis.

  • During the consultation period the concern was expressed regarding the possible impact on clients of a move to an alternative facility. During the closures of 2000/2002 each client/resident who moved to an alternative Home was supported by a professional individual Social Worker, an Advocate where necessary and equally importantly the staff from the Home. As each client moved, the preparation work was explicit. This included an in depth pen picture of the client outlining the finer points of their care, personality, likes and wishes etc. in order to fully inform the new service provider with as much detail as possible. Staff accompanied each client whenever possible and stayed with them in their new surroundings for the remainder of that day in order to support and assist familiarisation.  The staff member also carried out a comprehensive handover to the new care staff. Visits were then carried out by staff and managers intermittently for several weeks after the move.

 

This process would be followed, where appropriate, in the case of residents moving from Parkview to alternative Homes.

 

d)

 

Cabinet meetings are held, and its decisions are made in public unless exempt or confidential information is being discussed. All Cabinet decisions are publicised after each meeting and made available to all Council members and the public. 

 

e) N/A

 

f) Maintenance Works

 

Care Standards, (or The Commission for Social Care Inspection as they are currently known), submit a detailed report to the Registered Manager of the Home and also to the responsible person within the Authority following their inspection. Within this report if any building or decoration work is recommended by the Commission, the manager is required to forward the details to Buildings Manager for attention. This ensures that work is identified within the priority rating requested by the Commission. The Registered Manager would submit an action plan identifying what had been done and when the job was expected to be completed. The next inspection would carry this plan forward and would be checked.

 

In the case of the lift at Parkview, it was the routine annual servicing of the lift that caused the engineer to raise concerns to the Building Manager that the lift was getting old and although it was working perfectly well, getting spare parts for it was becoming difficult and with this in mind a replacement should be considered. The appropriate action was taken in respect of this advice and the work to replace the lift was put out to tender.

 

The decision to hold on the work being carried out was entirely in line with the uncertainty of the future of the service and the need to be prudent about incurring unnecessary expenditure.

 

Similarly with regard to the heating system, there had been a minor leak from the underground oil storage tank that had been repaired but was seen as symptomatic of the age of the equipment. The prospect of further work being necessary to maintain the system introduced the possibility and opportunity of moving to a more economical heating system. This was considered as part of the ongoing capital maintenance spending review where work is prioritised. Although agreed, this was not progressed further while discussions were taking place about the service at Parkview. The current heating system is fully functioning and always has been.

 

Conclusion

 

The work to review the future of Parkview was undertaken given a whole range of factors and not just one single issue. The information, evidence and analysis has been set out through reports to Cabinet on 20th December 2007, 13th March 2008 and to a thorough Scrutiny process on 14th February 2008, together with the answering of multiple enquiries throughout the timetable to date from all interested parties.

 

The consultation process was extensive, open and transparent and amid the understandable emotions, officers have remained focussed on the facts in evidencing the history; the present situation; and indeed the options for the future. Economic issues have been an inevitable focus of the work but have centred upon the investment required for Parkview to continue to provide residential care or alternatively the re-investment and development of services in community based services within the SBC policy “homes for Life” if the decision was taken to close Parkview.

 

In respect of the potential to develop Extra Care on the Parkview site, this opportunity has only arisen through the Cabinet, Scrutiny and Consultation process when comparisons of existing care models where made. Further more the DH announcement of a further £80million funding for extra care bids was only announced on 4th March 2008. Far from withholding information we have responded quickly to the opportunity to further develop modern community services in the Thornaby locality and are required to submit a bid against this grant by May 12th 2008. Linked to Cabinets request for Extra Care to be explored on the Parkview site, this is both timely and opportunistic.

Sean McEneany

Head of Adult Operational Services

2 April 2008

 

 

 

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