Decision details

S75 Learning Disabilities - APR15/CMDN/35

Decision Maker: Cabinet Member for Adult Social Care

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes


The Cabinet Member:


Authorised the Executive Director of Adult Social Services (“DASS”) in consultation with the Executive Director of Strategic Resources on behalf of the Council (PCC), to enter into a new Section 75 agreement on behalf of the Cambridgeshire and Peterborough Clinical Commissioning Group (CPCCG) for the commissioning and provision of specialist health related learning disability services in line with the lead commissioning arrangements for Learning Disabilities outlined under Government guidance: Valuing People Now (2008) following the expiry of the current Section 75 Agreement on 31st March 2015.


Reasons for the decision:

The Government issued guidance in 2008 “Valuing People Now”, which provided for the transfer of commissioning responsibilities and funding from the NHS to Local Government, placing Local Authorities in the leadership role in respect of planning for and meeting the needs of residents with learning disabilities.


On 1st April 2013 following the implementation of the relevant sections of the Health and Social Care Act 2012 the Cambridge and Peterborough Clinical Commissioning Group (CPCCG) took over responsibility for planning and commissioning health services for the NHS in the area from NHS Peterborough.


There is a national move to focus commissioning for learning disabilities within local authorities following direction from the Department of Health and the majority of services commissioned within this service are social care. 


Alternative options considered:

Options below were considered prior to the refresh of the Section 75 agreement in April 2015 and were rejected:


Option A

Learning disabilities services allied professionals transferred to a NHS trust.


This would have proved complex with no immediately identifiable organisation able to take on the range and complexity of service within the timescale.  It could also prove disruptive to recipients of the services.


Option B


Consideration to move to S256 agreement and abolish the S75 arrangement


This proposition was declined by CCG and agreed to reduce the frequency of the S75 meetings and merge the governance arrangements to half yearly board meetings.  Officers of both CCG and the Council would meet in between meetings if required to do so. 


Interests and Nature of Interests Declared:


Background Documents:

·         Public Report titled Transforming Community Services dated 13 December 2010.

·         Cabinet Decision: Section 75 Agreement with Cambridgeshire Community Services: EC11/CMDN/132

·         Learning Disabilities Section 75 Agreement between ASC and CPCCG.

·         Government guidance: Valuing People Now (2008)

·         Cabinet Decision on Transforming Community Services dated 20 December 2010

·         Cabinet Member Decision Notice dated 12 December 2011 entitled “Section 75 Agreement with Cambridgeshire Community Services”.


Publication date: 07/04/2015

Date of decision: 07/04/2015

Effective from: 11/04/2015

Accompanying Documents: