10. Executive Director of Adult Services and Public Health
10.1 The Executive Director of Adult Services and Public Health is responsible for, with the Director of Public Health (outlined specifically in section 12), driving the development of the Joint Strategic Needs Assessment, strategic commissioning for children’s and adult services and joint health and wellbeing strategy.
10.2 The Executive Director of Adult Services and Public Health is responsible for the services which support vulnerable people to maintain their independence and exercise choice and control about how their needs are met, whilst also ensuring that they are safeguarded, including:
- Adult Social Care
- Direct Care and Support Service
- OT and Special Needs Housing
- 18-25 Learning Disability Service
- Carers Support
- Financial Assessments
- Adult Safeguarding
- Commissioning and Performance
- Tees Safeguarding Adults Board
10.3 In addition to the general delegations set out in section 6 of the scheme, the Executive Director of Adult Services and Public Health is authorised to exercise the following specific functions:
General
| No | Delegation |
|---|---|
| EDASPH1 | Exercise responsibilities and duties in order to promote and safeguard the interests and wellbeing of adults, for whom the Local Authority has a social services function. |
| EDASPH2 | Exercise the authority to institute legal proceedings and action in relation to vulnerable adults and to accept on behalf of the Local Authority, Court and other legal orders, in relation to those vulnerable adults including the power to authorise the deprivation of liberty of persons under the Mental Capacity Act 2005. |
| EDASPH3 | Agree adult care packages, service responses and expenditure for care and accommodation of individuals for whom the Council has a social services function and to do so within the Care Act 2014 eligibility criteria and exceptionally outside of eligibility criteria where necessary on the grounds of urgency, vulnerability or legal directive. |
| EDASPH4 | Determine contracts and arrangements for social care services relating to adults in accordance with the commissioning strategy and approved contract process and in relation to independent sector providers, with other Local Authorities and with health bodies. |
| EDASPH5 | Exercise duties as Responsible Individual and matters relating to registration and operation of social care services in connection with adults. |
| EDASPH6 | Power to exercise discretion in the waiving of charges when considered appropriate. |
| EDASPH7 | Power to complete and submit applications to the Government and other bodies in respect of monies available through specific grant or other funds. |
| EDASPH8 | To agree to the letting of any leisure and community facilities. |
| EDASPH9 | To approve the closure of libraries in cases of emergency. |
| EDASPH10 | To determine issues relating to the management and control of libraries including the purchase, hire, sale and disposal of books and other material. |
| EDASPH11 | Provide protection of property of persons referred to in sections 47 and 48 of the National Assistance Act 1948 to prevent loss or damage to it if no arrangements have been made to protect it and recover any reasonable expenses incurred. |
| EDASPH12 | To approve applications for disabled facilities grants. |
| EDASPH13 | To approve adaptation schemes for the improvement of houses for persons suffering from disability and in this connection to approve schemes up to a maximum cost of £30,000. |
| EDASPH14 | To agree to the cost of social work services provided to Hartlepool residents who choose to live in residential or nursing care homes in other parts of the country to be undertaken by those authorities on behalf of Hartlepool. |
| EDASPH15 | To act in all cases of emergency and in all cases to make suitable arrangements for the provision of accommodation and assistance for persons for whom the Authority is under a duty to provide such accommodation and assistance under the provisions of any of the Acts specified in Schedule 1 to the Local Authority Social Services Act 1970 and to exercise discretion with any emergency admission case where a person is an owner/occupier and is to be admitted into a Residential Home and leaves a relative in the property. |
| EDASPH16 | To nominate appropriate officers for appointment by the NHS (or such other body as may be authorised by the Secretary of State for Health) to a Continuing Care Review Panel operated by the NHS to review decisions about assessment of patients continuing care needs and application of eligibility criteria. |
| EDASPH17 | The Executive Director or his/her duly authorised nominee to sign individual placement agreements called the Residents Agreement made under pre- placement or block contracts for residential care for any individual with an eligible social care need requiring residential care. |
| EDASPH18 | The Executive Director or his/her duly authorised nominee to sign individual placement agreements called the ’Individual Service Agreement’ made under pre-placement or block contracts for domiciliary care packages and other community based support. |
| EDASPH19 | To act in relation to the duty to co-operate with the NHS in accordance with section 22 of the National Health Service Act 1977 and amended by section 27 of the Health Act 1999 and to enter into agreements with the NHS to provide services under section 256 of the NHS Act 2006 as amended by section 75 of the NHS Act 2006, subject to such agreements being reported to Adult Services and Public Health Committee. |
| EDASPH20 | With respect to the cost of residential care to take such action which is deemed necessary to ensure that agreements in relation to agreed "top up" payments are carried out and to recover any debt which may arise through the failure to make such payments. |
| EDASPH21 | To enter into a Deferred Payments Agreement under section 55 of the Health and Social Care Act 2001 in respect of a resident who is willing to pay their assessed charge but who, following an assessment of resources has insufficient income and capital (that is below the upper capital limit) excluding their property to meet their care homes fees. |
| EDASPH22 | To create a charge against properties under sections 34-36 of the Care Act 2014 and the Care and Support (Deferred Payment) Regulations 2014. |
| EDASPH23 | To agree the standard rate for accommodation in homes not managed by the local authority but provided under contract with the independent and voluntary sectors. (National Assistance Act 1948, section 26(2).) |
| EDASPH24 | To sign agreements to allow the recovery of payments made under the Charging for Residential Accommodation Guidance (CRAG) and section 55 of the Health and Social Care Act 2001, requiring local authorities to make available deferred payments. |
| EDASPH25 | To agree to register a legal charge against a property owned by an individual, under section 22 of the Health and Social Services and Social Security Adjudications Act 1983, in those circumstances where an individual fails to pay an assessed charge. |
| EDASPH26 | To receive patients into guardianship under the provisions of section 7 and 37 the Mental Health Act 1983. |
| EDASPH27 | To appoint and approve Approved Mental Health Professionals under section 114 of the Mental Health Act 1983 to carry out statutory functions under the Act, such appointments to be made within the criteria contained in Directions issued from time to time by the Secretary of State for Social Services under the said section. |
| EDASPH28 | To deal with all matters not otherwise delegated connected with the Mental Health Act 1983 in respect of section 25 agreements, section 117 and section 27 nearest relative and the Mental Capacity Act 2005. |
| EDASPH29 | To identify suitable officers who will make decisions and where appropriate authorise a Deprivation of Liberty under the terms of the Mental Capacity Act 2005. |
| EDASPH30 | To determine the Authority’s response to the recommendations of Complaints Review Panels under the Authority’s social services complaints procedure in accordance with the Local Authority Social Services Complaints (England) Regulations 2006. |