Case studies

Partnershop working/social care

• We advised NHS Lewisham on its Section 75 agreement to establish a joint commissioning unit, in which the PCT’s commissioning functions were delegated to the council. This included providing advice on the initial memorandum of understanding between the parties, drafting the Section 75 Agreement and providing guidance and solutions in relation to bringing various services within the JCU. We also assisted with agreeing contributions and risk share and establishing a mix of aligned and pooled funds depending upon the financial approach for the particular service area; staffing and pensions implications; allowing flexibility within the partnership arrangements to deal with the changing landscape for the commissioning of health and social care services; and advising on the indemnities and protections to be included for the parties.
• We have advised PCTs on establishing integrated management agreements with councils in order to integrate the management of teams and to enable them to make staff available to each other utilising Section 113 powers rather than delegating functions pursuant to Section 75 arrangements.  
• We have advised PCTs on the restructuring of their existing Section 75 arrangements for learning disabilities and integrated community equipment stores as a result of the PCTs’ provider services being transferred to a new provider.  This included what changes would be required to the partnership arrangements at both a commissioning and provider level, splitting the agreements for the commissioning and provision of the services and considering what obligations and requirements would be placed on the new incoming provider in relation to partnership working and helping the councils understand what the implications were for it and the integrated services.