To update Cabinet on the local authority responsibilities in respect of the Secure Estate, following the implementation of the Social Services and Wellbeing Act in April 2016. To seek approval to enter into a Memorandum of Understanding (MOU) with HMP Parc Prison and other strategic partners to set out agreed procedures for the provision of care and support for prisoners in the Secure Estate.  To seek Cabinet agreement to sign up to an interagency information sharing protocol between Bridgend Council and relevant agencies to support the regular sharing of personal information between those agencies to enable them to deliver effective care and support.  To seek Cabinet approval for a waiver under Rule 3.2.3 from the requirement to seek competitive tenders for the provision of care and support on the basis that there is technically only one organisation which can deliver this service.  Subject to Cabinet’s approval of the waiver under Rule 3.2.3, authority is sought to enter into a short term ‘pilot scheme’ agreement with G4S Medical Services Ltd (G4S) to provide appropriate care and support within the secure estate, on terms to be approved by the Director of Operational and Partnership Services and the Section151 Officer.     

The Corporate Director Social Services and Wellbeing reported on the authority’s responsibilities in respect of the Secure Estate, following the implementation of the Social Services and Wellbeing (Wales) Act 2014.  The Act introduced responsibilities on local authorities for addressing the   care and support needs of all adults and children in the secure estate not just upon discharge but while they are in custody.

The Corporate Director Social Services and Wellbeing reported that there is a training and resettlement prison accommodating 1723 males from the age of 18 within the authority’s boundary and which the authority is responsible for meeting the care and support needs of individuals with eligible needs.  She outlined the responsibilities of the authority with regard to adults and children within the Secure Estate.  She stated that the authority will also have responsibilities for looked after children in the Secure estate under Part 6 of the Act both as a home local authority and an authority in which a Secure Estate establishment for children is located. 

The Corporate Director Social Services and Wellbeing also reported that the Head of Adult Social Care represents the Council on a National Steering Group convened to discuss the implementation of responsibilities of the four local authorities in Wales that have prisons within their boundaries.  A Local Implementation Group has been established to develop a local implementation plan.  Two senior social work practitioners and a senior occupational therapist had been appointed on temporary 9 month contracts to carry out assessments and develop managed care and support plans for those within the secure estate.  This Team will support the work of the existing health board mental health in-reach team, with the posts being funded by the Welsh Government grant.      

The Corporate Director Social Services and Wellbeing reported that to establish the secure estate service, work has progressed to resolve many of the governance issues associated with the development of this service which had led to a draft Information Sharing Protocol (ISP) and a Memorandum of Understanding (MOU).  She stated that the process had not been straightforward due to the significantly challenging security ICT issues associated with the required security processes at HMP Parc.  The Corporate Director Social Services and Wellbeing informed Cabinet that a mapping exercise has been carried out which indicated that there were 20 people waiting for integrated assessment and 40 requiring assessment for aids and equipment to support their daily living.  The Corporate Director Social Services and Wellbeing also informed Cabinet that the authority is already working in partnership with HMP Parc on the Invisible Walls Wales project which works with families affected by parental imprisonment, with the aim of reducing the risk of re-offending. 

The Corporate Director Social Services and Wellbeing informed Cabinet that the Memorandum of Understanding will set out the shared strategic intent and joint commitment of the authority with ABMU Health Board, HMP and Youth Offending Institute Parc under the leadership of G4S and National Offender Management Service to work together to ensure that people within the secure estate have access to appropriate social care support.  She stated that the Information Sharing Protocol has been developed to support the regular sharing of personal information between the partner agencies to enable the delivery of effective care and support.  An agreement would be entered into with G4S Medical Services Limited to provide appropriate care and support within the secure estate.  She stated that this company currently provide such a service within the prison and due to the nature of the prison being an environment of a locked secure premises, outside agencies would need to go through strict clearance processes in order to provide social care support to individuals in the secure estate.  Therefore, G4S Medical Services Limited was technically the only potential provider of care and support services.    

The Corporate Director Social Services and Wellbeing reported on the financial implications of funding social care for prisoners in that the authority received a Welsh Government grant of up to £236,744 in 2016/17.  This funding was one for one year only and thereafter the funding would reduce to £217,448 on an ongoing basis.  She stated that as this is a new responsibility and in order to understand the demand for services at HMP Parc, it was intended to establish a pilot team and evaluate the actual demand and cost of the service in the first year. 

The Cabinet Member Adult Social Care and Health and Wellbeing commented that this was a new responsibility for local government had been awarded additional funding at the current level for this year only and l it was too early to ascertain whether the level of resources was sufficient.  The Deputy Leader expressed concern at the new responsibility had been moved from the prison service to local government with the burden for providing the service falling on council tax payers and requested that representations be made to the Welsh Goverment.

RESOLVED:           That Cabinet:

(1)          Noted the information contained in this report; and the additional responsibilities for the Local Authority as a result of the implementation of the Social Services and Wellbeing Act (Wales) 2014.

(2)      Approved a waiver under Rule 3.2.3 from the requirement to seek competitive tenders for the provision of care and support within HMP Parc on the basis that there is technically only one organisation which can deliver this service

(3)         Delegated authority to the Director of Social Services and Wellbeing in consultation with the Corporate Director for Operational and Partnership Services and the Section 151 Officer to:

·         Finalise and approve the terms of a Memorandum of Understanding (MOU) with HMP Parc Prison and other strategic partners to set out agreed procedures for the provision of care and support for prisoners in the Secure Estate and execute the MOU on behalf of the Council;

·          Finalise and approve the terms of an interagency information sharing protocol (ISP) between Bridgend Council and relevant agencies to support the regular sharing of personal information between those agencies to enable them to deliver effective care and support and execute the ISP on behalf of the Council;

·           Subject to Cabinet’s approval of a waiver under Rule 3.2.3, of the Contract Procedure Rules, finalise and approve the terms of a short term ‘pilot scheme’ agreement on the terms set out in paragraph [4.27] above with G4S Medical Services Ltd and arrange the execution of the final agreement on behalf of the Council.     

(4)     Noted that the outcome of the pilot agreement    with G4S will be reported back to Cabinet in due course and authority to enter into a longer term agreement, if appropriate, will be sought at that time.

Make representations to the Welsh Government via the WLGA to seek funding from the Prison Service to be devolved to the authority to enable it to provide services to the Secure Estate previously provided by the Prison Service.