Service Reviews – Outline Business Case - Somerset County Council

(Cabinet – 2 May 2012)
living services. Some of the current assets are not fit for purpose for the
delivery model that will meet the future needs of the customers and both
options C and D will require a clear asset plan to future proof the service.
• Critical systems/ Information governance:
Any new organisation will be required to register with the Information
Commissioner and be set up its own data controller. This process involves
one off fees as well as annual subscription fees.
Information sharing protocols need to be agreed and put into operation with
SCC
Some of the services are currently provided by Southwest One (i.e.
Specialist applications i.e. SAP / data secure storage etc). It is possible to
procure similar services from an alternative provider although SCC is
unlikely to recover Southwest One contract costs.
Locally held confidential data will require the agreeing and setting up of
security and access authorisation protocols – therefore incurring further
costs.
• TUPE. The Transfer of Undertakings (Protection of Employment) Regulations
2006 apply to what are known as ‘relevant transfers’, the definition of which
would include both the outsourcing and transfer of the LDPS. The TUPE
regulations are intended to safeguard employee rights and terms and
conditions when the business in which they are employed transfers. The TUPE
process would need to be appropriately planned with adequate time for
determining which posts are/are not included for transfer. Consultation with
staff is required for a minimum formal period of 90 days given the number of
staff affected, which would include staff in a range of corporate functions i.e.
finance, HR, some of whom may be seconded to South West One Ltd.
• Value Added Tax (VAT). For an explanation of potential impacts, against a
variety of service delivery mechanisms, please see Appendix A
• Business continuity. There is a business continuity plan in place for the
LDPS that was reviewed in 2011. Should the service be externalised (Option
C) this would need to be updated by the new organisation to take account of
the impact of the change. If the LDPS were to be outsourced (Option D) then a
review of business continuity plans would need to take place as part of the
tender evaluation process.
• Management of personal finances. SCC has a legal obligation to undertake
the administration of personal finances for people who are either under a
‘Deputyship’ order or for those service users for whom SCC are the ‘Appointee’.
This includes 196 adults with learning disabilities supported by the LDPS.
These arrangements are administered by the Client Finances Team which
currently consists of 4.52 WTE staff. Currently, because LDPS staff are SCC
employees, much of the day-to-day administration is able to be undertaken at a
local level within individual supported living and residential locations. However,
should the LDPS be outsourced or externalised then the role that could be
undertaken at a local level would be much more limited. This means that large
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