Agenda item

As part of this item a presentation will be given on risk 7.4 (Social Care Reform, implementation of charging reform and assurance process).

of charging reform and assurance process).

The Committee considered a report of the Director of Corporate Resources which provided an overview of key risk areas and the measures being taken to address these.  The report also provided an update on mitigating the risk of fraud.  A copy of the report marked ‘Agenda Item 9’ is filed with these minutes.

As part of this item the Committee received a presentation from the Director of Adults and Communities on Corporate Risk 7.4 (Social Care Reform, implementation of charging reform and assurance processes).  A copy of the presentation slides is filed with these minutes.

Arising from discussion, the following points were made:

Risk Presentation

(i)             Whilst there was still some uncertainty, following the Chancellors Autumn Statement last week, it was now understood that the introduction of the cap on personal care costs, changes to the financial threshold for assistance and the ability for self-funders to ask local authorities to arrange their care would be delayed until 2025.  This delay had been welcomed by many from a delivery, capacity and cost perspective and it reduced the current risks being faced by the Council across all those areas.  A member commented, however, that the delay, particularly regarding the cap on care costs, would be disappointing for many residents.

(ii)           Members noted that a key risk related to the fair cost of care.  The Government had asked all local authorities to review over Summer 2022 what a cost of care package might look like based on a formula provided by Government.  The Council had submitted its views to the consultation in October following consideration by the Cabinet.  Notwithstanding the delay of some of the charging reforms, much of this information was now already in the public domain and would likely give rise to expectations by adult social care providers that such costs identified through that exercise (which had been identified as being higher than those currently delivered) would be met by local authorities.   This could add inflationary pressure on all local authorities that may have to be addressed when next setting fees for care homes and domiciliary care.

(iii)          The Committee was pleased to hear the work taking place to mitigate the risks arising from the proposed reforms which included quarterly reporting on progress to the Adults and Communities Overview and Scruitny Committee.

(iv)          A self-assessment assurance document was being prepared for submission to the Care Quality Commission in April next year.  It would be unlikely the Authority would get an excellent rating given feedback received through the annual service user and carers survey.  Such reviews currently placed the Council in the third/fourth quartile compared to other similar authorities.  A Member commented that whilst the Council provided similar services, feedback received had been consistently worse in Leicestershire County for some years.  It was not clear why, other than expectations in Leicestershire seeming to be higher than in other areas.  This had been a long standing issue and assurance was provided that this was high on the agenda for the Adults and Communities Overview and Scruitny Committee.

(v)           Some additional funding had been announced in the Autumn Statement which was expected to be allocated in 2023.  However, it was not clear how much this would be or what conditions would be attached to this.  Until such time as allocations were announced and guidance received the Council would be unable to determine how best to use this locally.  It was also thought that the overall funding announcements assumed a condition of the funding that the Council raised council tax next year by the maximum amount.

Risk Register

(vi)          Members were reassured that whilst there had been a dip in resources in recent times due to staff leaving or retiring, there continued to be sufficient capacity within the Service to deliver the work set out in the audit plan.  The Audit Service had now, however recruited and was back to full capacity which was welcomed.

(vii)        Members commented that risk 4.2 (concessionary travel appeal by Arriva) was still showing on the Register, but it had been expected that this matter had now been resolved.  Members requested, and the Director undertook to provide, an update on this risk at the following meeting.

(viii)       Members questioned the separation of risks relating to those seeking asylum in the County as referenced in risk 1.9 under the Medium Term Financial Strategy, and those seeking asylum as a result of the war in Ukraine, set out in risk B.  It was noted that they had been separated as specific funding had been allocated by Government to support those fleeing the war in Ukraine, but it was recognised that this was not a short term issue and posed longer term risks for the Council across a range of service areas.  The Director undertook to liaise with the risk owner to determine if and when the two risks should be merged.

RESOLVED:

(a)  That the current status of the strategic risks facing the County Council be approved;

(b)  That an update on risk 4.2 (concessionary travel appeal by Arriva) be provided at the next meeting of the Committee;

(c)  That the presentation provided on risk 7.4 (Adult Social Care Reform) be noted and a copy of the presentation slides circulated to all members of the Council for information;

(d)  That a presentation on risk 7.6 (If Adults and Communities fail to provide robust evidence of good practice for the CQC inspectors, then this will result in a poor inspection outcome and incur reputational risk alongside extra resources and possible external governance to undertake any actions required to make the improvements necessary to fulfil statutory requirements) be provided at the next meeting as part of the usual Risk Management update;

(e)  That the update regarding mitigating the risk of fraud be noted.