The Corporate Director of Social Services and Wellbeing presented a report updating Cabinet on the necessity to change the arrangements for the care and support for prisoners with eligible needs in HMP Parc, in order to meet the Council’s duty to meet need under the Social Services and Wellbeing (Wales) Act 2014.

The Corporate Director of Social Services and Wellbeing was also advising Cabinet that the Social Services and Wellbeing Directorate would be seeking approval from Cabinet:

·         to transfer the existing care and support provision currently delivered by G4S Health Services (UK) Ltd to the Council noting the TUPE (Transfer of Undertakings (Protection of Employment)) transfer of existing G4S staff and 

·          to review the existing contractual arrangements with G4S and enter into a varied or new agreement.

The Corporate Director of Social Services and Wellbeing explained the responsibilities for the Authority, as required by the Social Services and Wellbeing (Wales) Act, 2014. She added that from December 2022, Cwm Taf Morgannwg University Health Board (CTM UHB) would directly provide for the health needs of the prison population in HMP Parc. However, there would still be a duty for the social care element to be provided/commissioned within the prison. The UHB could not provide regulated social care without entering into a formal partnership agreement with the Council; and whilst an integrated provision remained a desirable potential option for the future, the deadline for the transfer of care provider prohibited this option at this time, as it was unlikely the time frame could be accomplished as the UHB was not currently a registered care provider for the purposes of the Regulation and Inspection of Social Care (Wales) Act. The Council was unable to commission an independent domiciliary company to provide this care due to the constraints within HMP Parc Prison as laid out in a previous report to Cabinet on 26 July 2016. The report recognised the difficulties in providing services in the prison setting and Cabinet approval was given to approve a waiver under the Contract Procedure Rules from the requirement to seek competitive tenders for the provision of care and support within HMP Parc on the basis that there was technically only one organisation that could deliver the service.

The Corporate Director Social Services and Wellbeing explained that the only viable option available that would enable the Council to meet its statutory duty was for the Council to take direct responsibility for the social care service currently provided by G4S Health Services (UK) Ltd. The existing contractual arrangements between the Council and G4S would be reviewed. She added that initial discussions had taken place with Human Resources and it was proposed that the existing care staff currently employed by G4S would be subject to a TUPE (Transfer of Undertakings (Protection of Employment)) transfer to the Council allowing the retention of existing knowledge and skills. A transfer consultation with affected employees together with an analysis of the implications on the existing staff structure would take place prior to the agreed date of transfer of the work. The consultation would provide an opportunity for the affected employees to raise any issues, find solutions and have the opportunity to input on the decisions.

The Deputy Leader supported the proposal and asked if officers could reflect on the situation and that Cabinet should have been made aware of this in a much timelier fashion in which case they would not now be in this position. The Deputy Leader intended writing a letter to WG because there would be an increase in demand on services from the prison population. It did not come through grant funding anymore and the RSG settlement went to every single council whether they had secure estate or not.

The Deputy Leader asked about the overnight service provision. Care and support was not only required between 7am and 10pm. She asked how they managed without any overnight service provision.

The Leader supported the Deputy Leader writing to Welsh Government as this was a responsibility that had been passed to the authority as a direct result of legislation made in Wales. That responsibility was growing because of the aging population and the demographics of the population in the secure estate was different to that in other parts of Wales and more likely to include older prisoners with care needs.

The Corporate Director Social Services replied that as a service they were working through the learning and reflections and this was a complex area of service that not many local authorities had to become involved in. They were currently doing some work in terms of the overnight requirements to make sure that they were properly resourced to fulfill those needs and their duties under the Social Services and Wellbeing Act for that prisoner population. The report provided some details of the type of conditions that prisoners were experiencing while they were living in that secure estate. She was happy to support the Deputy Leader from a professional perspective providing points for Welsh Government.

RESOLVED         Cabinet:

·      Noted the information contained in the report and the responsibilities for the Council under the Social Services and Wellbeing (Wales) Act 2014;

·      Approved the transfer of the care and support service provision at HMP Parc to the Council noting the TUPE implications as outlined at paragraph 4.10 of the report

Delegated authority to the Director of Social Services and Wellbeing in consultation with the Chief Officer – Legal and Regulatory, Human Resources and Corporate Policy and the Section 151 Officer to continue negotiations with G4S and finalise and enter into a varied or new agreement with G4S.