DECISION

1.    To agree that the domiciliary care services previously provided by Majlish Homecare Services, and currently directly provided by the Council, be included in the scope of the domiciliary care services tender to be advertised in January 2016;

2.    To authorise the Acting Director of Adults’ Services following consultation with the Director of Law, Probity and Governance and Monitoring Officer to enter into any necessary negotiations and other processes required by the Transfer of Undertakings (Protection of Employment) Regulations regarding the transfer of any persons deemed to be employees employed by the Council for the provision of the service as at the date of transfer, to those providers from whom services are subsequently commissioned.

3.    To authorise the Acting Director of Adults’ Services following consultation with the Corporate Director of Resources, Director of Law Probity and Governance and Monitoring Officer to enter into all necessary negotiations with a view to reach agreement with workers in the service in respect of any continuous period of employment proposed to be offered to them by the Council until such time as the tender process is complete and any employees are transferred to new employers.

4.    To note the intention that the tender process referred to in recommendation 1 above is the means by which a range of contractual requirements will be introduced with the express aim of improving the terms and conditions of individuals who will be employed to deliver the service by the successful bidders in line with the Mayoral commitment to explore how to introduce the Ethical Care Charter into domiciliary care services in the borough.

Action by:

ACTING DIRECTOR, ADULT’S SERVICES (L. ADDAMS)

(Acting Service Head, Commissioning and Health (K. Sugars)

The recommendations were amended and then agreed.

DECISION

1.    Following review of the options presented to confirm the rejection of options C to F as set out in Paragraph 4, Appendix 1 to the report.

2.    To defer a decision on whether to agree either Option A or Option B (as set out in Paragraph 4, Appendix 1 to the report) subject to further discussion with the intention of co-ordinating a final decision with the proposal to retender all commissioned domiciliary care activity to be presented at the next Cabinet meeting.

3.    To note the Exempt/Confidential Appendix to the report.

Action by:

DIRECTOR, ADULT SERVICES (L. ADDAMS)

(Interim Service Head, Commissioning and Health (K. Sugars)