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14 May 2008: Trustees MinutesMinutes of the meeting of the Trustees of the Independent Living Fund (2006) held on Wednesday, 14 May 2008.
The meeting commenced at 10.45 am
In attendance: Gary Stephenson (Finance and Corporate Services The Chairman welcomed Helen Davies, Debbie Foulke and Lynn Bell (DWP) to the meeting. 1 Apologies Apologies were received from Nick Danagher who was unable to attend. 1.1 Conflicts of Interest and or Loyalty on Agenda Trustees were asked if they had identified any area on the agenda where there was an actual or potential perceived conflict of interest or loyalty. All Trustees confirmed that no issues had been identified.
The minutes of the meeting held on 9 April 2008, with a minor amendment to wording on page 8 under section 7.2, were approved by the Trustees and signed by the Chairman at the end of the meeting. 3 Matters Arising 3.1 DSD Funding The Finance and Corporate Services Director said that he had received a letter confirming DSD actual funding for 2008/09 and indicative funding for 2009/10 to 2011/12. Although the ILF has a firm understanding that funding was moving to DEL arrangements from April 2008 formal confirmation had not been received to date. Outcome: Finance and Corporate Services Director to provide confirmation of Northern Ireland funding arrangements when received. 4 Chairman’s Issues None. 5 Outstanding Action Points Trustees’ indemnity Yogi Amin said that progress was being made following a meeting with Norman Cockett and Chris Booth and lawyers at DWP. It was hoped that a suitable “letter of comfort” could be agreed for the July Trustees’ meeting. Nick Danagher had asked that the note in the log be amended for clarity and this would be incorporated for the next meeting. Payment Assurance The Chief Executive updated Trustees on the action point relating to the provision of a risk analysis for Audit Committee on payment assurance. She explained that, further to a meeting with Bentley Jennison, the ILF’s internal auditors, it had been agreed to work jointly on this issue with them. A scoping paper would be presented to the Audit Committee in June and then to the full board in July. Consultation The Chief Executive asked for clarification on the action point regarding consultation. It was agreed that this would be reconsidered at the July meeting when the analysis of the first 3 months of the new financial planning arrangements was considered. Close relative cases Peter Cooke said the point regarding discussion on possible delegation of close relative cases from UPCC was still ongoing and an update would be provided for the July meeting. DWP action points The Chairman said that he would like to see target dates for the outstanding action points allocated to DWP. DWP commented on the presentation to Trustees on ambit/remit and business case for pilots and agreed to take this forward. Trust Deed changes DWP confirmed that a meeting has been scheduled for 20 May to discuss outstanding points regarding the Trust Deed. Trustees had earlier decided that Yogi Amin would take the lead responsibility for future Trust Deed and COGA changes on behalf of the Board. It was agreed he would talk to the Chief Executive outside of the meeting. The Chief Executive said that the ILF/DWP action point regarding possible restructuring of the Trust Deed was a long term issue. DWP agreed that discussion needs to start and could be part of the meeting arranged for 20 May. The Chairman asked that the longer term question of what was the appropriate governance structure for the ILF should also be considered at the meeting. Future Review of social care The Chairman said that he had received a copy of the DH consultation document “ Care Support Independence “ document from DWP regarding the future of social care. The Chief Executive said she would send an internet link to all Trustees. DWP explained that it was envisaged that Trustees would take part in future discussions on the future of social care delivery and DWP would take responsibility for co-ordinating this with Trustees and the Chief Executive. Policy sub committee It was agreed that the action point relating to the policy subcommittee would not be pursued at the present time.
6 Finance 6.1 Grant in Aid and Benefit Forecast May 2008 The Finance and Corporate Services Director presented the paper to Trustees. He explained that applications received in March 2008 were significantly higher than in previous months and it appeared that some Local Authorities had submitted a large number of applications before the higher Threshold Sum was introduced on 1 April 2008. However April saw a downturn in applications but this might be a short term effect, and would be monitored carefully with a report made in July on the application level and impact of the financial management processes. Trustees discussed the application rate and asked for some further analysis. Outcome: Finance and Corporate Services Director to produce analysis of LA take up of ILF as a percentage of DLAHRCC population The Finance and Corporate Services Director explained that GB load growth was still a close fit with trend assumptions and payment growth was currently below trend assumptions. For Northern Ireland both load and payment are slightly above trend assumptions. The forecast assumptions will be reviewed with DWP at a quarterly stock-take meeting scheduled in July after the Trustees’ meeting. The Chief Executive commented on tensions around the changes introduced 1 April 2008, in particular those receiving Youth Incapacity Benefit not being a clear priority group. The effects would be included in the report due for the July Trustees’ meeting. The Finance and Corporate Services Director commented on forecast expenditure; he explained that this had not been adjusted for higher growth as a result of the March 2008 applications, as the effect had not been realised in caseload. However the additions provision of £6.0 millions for GB was considered sufficient to cope with any expenditure from this source. He said that there was an uncommitted balance of £5.7 millions for GB 08/09 based on current trends and forecast. He brought Trustees attention to parts 3 and 4 of the grant request at table 9; this was new information now to be sent to DWP each month. Outcome: Information 6.2 Year end Review of Administration Expenditure The Finance and Corporate Services Director presented the paper to Trustees. He explained that administration expenditure equated to 2.7% overall UK expenditure for 2007/08 compared to 3% in 2006/07. The Chairman said that he was pleased to note the outturn underspend against budget and overall it was a positive outcome. Outcome: Information 7 Policy 7.1 Reapplications Policy The Chief Executive presented the paper to Trustees. She explained that historically there had been no need for an applications policy but with the new restrictions on applications from April 2008 one was now necessary. The main proposals were; If the applicant was rejected they would be able to reapply to the Fund in subsequent months should their circumstances change or the ILF downwardly varied the minimum package costs (MPC) amount. If there was no change in circumstance and no change to MPC the maximum number of applications that a person can make would be limited to 3 within a 12 month period. If an applicant has been rejected on appeal by the UPCC they could not apply within a 12 month period unless there has been a change in circumstances. Trustees discussed the issue of whether a person should be allowed to reapply 3 times in a 12 month period if no circumstances had changed. They felt that this could unfairly raise expectations and that there did not seem any point in reapplying if there were no changes. The Chief Executive said that after the applicants were turned down they could have a right to a review. The Trustees agreed that this would be the best way forward and asked that a time limit on appeals to UPCC be set. The Chief Executive commented on handling of exceptions to this policy and said that it was proposed that these should first be reviewed internally with a final appeal by the UPCC. She explained that Trustees needed to agree if a second tier review should generally exist or not as presently the system was not straight forward for users to understand. Trustees discussed this and agreed that the best way forward was for more reviews to be dealt with internally rather than directly to the UPCC.
Peter Cooke agreed that there was a need to introduce a second tier The Chief Executive said that there would be a change for the Operations Director as he could not manage the second review process and act as secretary to the UPCC. It was proposed that the second level review would be at HEO level and then a final appeal to UPCC. Outcome: A revised tier of decision making document to be produced by July 2008 Trustees discussed the decision making process involving the SMP. It was agreed to review this again in September.
The Chief Executive said that a Trust Deed change might be needed 7.2 ILF Policy and Supporting People Monies The Chief Executive presented the paper to Trustees; she said that she had received further legal advice yesterday evening. She explained that there were two separate issues; In Scotland, with effect from 1 April 08 the Supporting People grant (SP) has been rolled into the local government settlement and the ring fencing that previously applied no longer existed. Secondly this approach was also being tested out in 15 LAs in England with view to a full roll out in April 2009. The position in Scotland clearly has implications for the ILF as previous policy has stated that all SP money should be disregarded for Threshold sum and £785 overall limit purposes as SP monies had not been intended to be used for personal care. Unfortunately there had been no communication with the ILF regarding this change for Scotland and therefore they do not understand the impact that it will have for ILF applicants and users. Outcome: Decision -Trustees agreed for Scotland that SP monies where used for QSS should be considered as part of the LA contribution impacting on the Threshold sum and Overall limit. The Chief Executive raised the issue of applications received from Scotland during Jan/Feb and March 2008 needing to be processed but would have the issue of the Overall limit affecting them at the point that ILF payment was being considered post April 08. It was agreed to allow the LAs the opportunity to re-configure the care packages within the £785 limit for the Scotland cases received before April 08. The threshold sum would be the £ 200 as application made before April 2008 and ILF would not hold the LAs to their high level of commitment. Outcome: Decision - Trustees agreed to the proposal for applications made pre April 2008. Trustees discussed the issue on the trialling of the 15 LA’s in England and proposals to treat each case individually as exceptions in line with legal advice. [This information is being withheld under s42 of the Freedom of Information Act 2000 as it constitutes legal advice and is protected by legal professional privilege]. Outcome: Decision – English pilot sites should have the SP monies where used for QSS treated as part of the LA contribution. Outcome: Decision – SMP will make decisions on the pilot site cases for England The Chief Executive explained that the £785 overall limit would become an issue if the SP monies became part of the community care budget for England from April 09. It was agreed that the impacts would be monitored carefully. It was agreed that communication was necessary with Scotland, CLG and the pilot sites. Separately DWP would raise the wider issue of lack of consultation with CLG and Scottish officials. Outcome: Information 8 Strategic Issues 8.1 Maintaining the LA Contribution The Chief Executive presented the paper to Trustees. She explained that there had been a high profile case relating to an IB case which had caused tensions with the LA. It was important that Trustees considered the issue of the LA contribution in the light of IB cases as well. A submission from DWP on the preliminary report on the evaluation of the IB pilot sites was due to go to the Minister before the summer recess. Strategic questions about the LA contribution needed to be answered for the Fund to contribute to the submission. She explained that the issue of “Maintaining the LA contribution” had been broken down into three aspects: 1 Removing Current Anomalies There are a number of anomalies in the way the ILF currently apply the approach to holding an LA to its commitment that needed clarifying and proposals have been set out in paper one that would introduce more flexibility 2 Changing the Way we maintain the LA contribution Even after the changes in paper one, there may be a better way of ensuring within existing powers that LAs continue to make their agreed contribution to our joint care packages and proposals are outlined in the paper. 3 Redefining the basis of the LA Contribution It is proposed that a move to redefine more flexibly the LA contribution should be explored within the informal dialogue process planned for the autumn 2008 which could be used in a possible ILF led pilot to examine the scope and practicality of a revised statement of the LA contribution. The Chief Executive said that it was important to get a clear steer around this issue of the LA contribution; it would need approval by the Board of trustees, QA with solicitors and consultation with DWP before submission to the Minister. The Chief Executive proposed the formation of a short term subcommittee to take this project forward. She said that Nick Danagher has expressed his interest in being part of the group. Margaret McGlade, Sally Sparrow and Marie Martin confirmed that they would be happy to take part as well. The Chief Executive said that the first potential date to take this forward would be 6 June, to be confirmed outside the meeting. Outcome: Decision – Trustees agreed to the formation of a short term policy sub committee to consider both the immediate and strategic issues involved in the issue of the LA contribution. 8.2 Refocusing the ILF The Strategic Policy Director presented the paper to Trustees. He updated the Trustees on the event he attended on Tuesday 13 May, attended by Ministers including Ivan Lewis to launch the consultation document referred to earlier by the Chairman. It was to be a broad debate about supporting independence. He said that he thought the timing of the debate fitted with ILF moving forward with dialogue/ consultation plans. He gave an overview of the paper which outlined plans of a two year programme aimed at refocusing the ILF in line with the changing context for disability and social care reform. He said that DWP had supported the refocusing initiative in principle however it would be important to have support from DWP and the Minister to our approach throughout the programme. DWP commented that timing was important and that at present no decisions had been made on the next stage of IB development and this would need to be factored into the plans. The Strategic Policy Director said that it was proposed to prepare a short discussion paper; this would be structured in a way that enabled ILF to receive and analyse feedback on the key issues in a meaningful way. The paper would be sent to a wide range of partners and invite advice and comments. Trustees discussed key partners and suggested Nick Danagher was also consulted on this issue. The Strategic Policy Director commented on the proposal of an advisory panel to support the process of refocusing the ILF, it was proposed that the group be chaired by a Trustee and consist of up to 8 people, 4 ILF users and 4 representatives from national organisations of disabled people. Peter Cooke expressed his interest in being on the advisory panel; Trustees agreed to also discuss this with Nick Danagher. The Strategic Policy Director commented on publicity and communication which will be taken forward by the Business Development Director. He said that it had been identified that there was a likely need for consultancy skills for framing of questions to inform the analysis and with help in running some of the events and the ILF would need to run a tender exercise for these services. He explained that it was proposed to trial work changes with LAs in joint working practices that could be made within existing powers. Separately to the trialling work it was the ILF’s intention to develop a business case for an ILF led pilot to test out specific changes outwith the current powers within the Deed. The Strategic Policy Director said that there was a need to recognise the time frame necessary for discussing emerging issues with DWP prior to any formal business case being submitted. The Chairman agreed and asked for a GANTT chart to be prepared. The Strategic Policy Director explained that revised arrangements were being introduced for user consultation over the next two years and the Social Work Director was taking this forward. He explained that the combination of planned and brand new work would require extra resources and gave an overview of the proposals. Trustees agreed the proposals for the project and asked for a specific budget to be arranged so that costs could be tracked. DWP commented that they were happy to work with the ILF on this project and said it would be guided by Ministers comments and outcomes of the IB pilots which should be known by the summer recess. The Chief Executive said it would be helpful if the ILF did not have to carry out a tender exercise for the consultancy services as this took a lot of time and resource; currently the wording in the COGA said that an explanation was needed if a service costing over £ 3K was not being tendered and asked DWP if they could relax this. DWP said that they would look into the matter. It was agreed to report the progress to Trustees on a monthly basis. Outcome: Information 8.3 Strategic Risk Discussion The Finance and Corporate Services Director facilitated a Strategic Risk discussion with Trustees. Trustees discussed this in detail. The Finance and Corporate Services Director said that he would use the findings and review this with SMT to recreate a new risk register for 08/09. Outcome: Finance and Corporate Services Director to provide report for June meeting on strategic risk At this point DWP made their apologies and left the meeting. The Chairman thanked them for their contribution. 9 Performance 9.1 Dashboard Performance Results 2007-08 The Finance and Corporate Services Director presented the paper to Trustees. He said that the report provided a full review of performance results measured for 2007/08 along with comparison annual results for 2006/07. During the year Trustees agreed to receive ‘exception’ reports but the year end report includes commentary on all areas of performance. Application success- might be impacted this year due to the new filtering process. User Satisfaction- measures were only introduced in February 2008 when the full user survey results had been received in sufficient numbers for analysis. External accreditation –to have a revised focus for 2008/09 to add additional accreditations to the three retained ones. Attendance Management levels- The Chief Executive said that these figures included long term sick which distorted the level of sickness. The Chairman said that the report showed good results on challenging targets. The Trustees approved the report. Outcome: Finance and Corporate Services Director to consider NAO external review of Dashboard 9.2 Review of the Delivery of the Equality Action Plan The Chairman commented that this was a positive progress report. Outcome: Information 9.3 Review of Consultation and Corporate Communications 07/08 The Chief Executive presented the paper to Trustees. She explained that it provided a review of various activities undertaken to consult with users during 2007/08 along with a review of the Corporate Communications controls introduced over the last 6 months.
She explained that a new role of Senior Public Communications Manager had been created and a 3 year strategic plan was being drawn up. Trustees noted the contents of the report. Outcome: User satisfaction survey questionnaire to be circulated to Trustees 9.4 Business Plan 07/08 Year end Review The Chief Executive presented the paper to Trustees. She explained that overall this was a positive report. 4 targets were met out of 7: 30 out of 34 objectives were achieved in addition to action points raised from Trustees and Audit Committee meetings. She said that this had been a testing year. The Chairman said that everyone had done an excellent job in this trying year and that he would like to put a message on the ILF intranet for all staff on behalf of Trustees. Yogi Amin commented on the positive comment that the Minister had made on her recent visit to the ILF on how the organisation had changed over the last two years. Outcome: Information 10 Governance 10.1 ILF Framework The Chairman said that Trustees had seen this document at last months meeting and commented on the foreword included from the Chairman and Chief Executive. The Chairman and Chief Executive signed the document at the end of the meeting. Outcome: Decision Trustees approved the document. 10.2 Scheme of Delegated Authority The Chairman said this document had also been reviewed at the last meeting. The Finance and Corporate Services Director brought Trustees attention to the changes made and said that appendix 7 had now been included which was Terms Of Reference for the Senior Management Panel. The Chairman and Chief Executive signed the document at the end of the meeting. Outcome: Decision - Trustees approved the document. Separately the Chief Executive explained that a decision was needed on who needed to sign legal documents to release a charge on property in relation to overpayments. Outcome: Decision - it was agreed for the Chairman and Chief Executive to sign such documents. 10.3 UPCC Minutes The Chairman of the UPCC presented the minutes to Trustees. He said that telephone conference meetings were still going ahead monthly; however due to the amount of cases this might have to increase to twice a month and would be reviewed at the next meeting. The Chairman of the Trustees expressed his thanks to everyone involved. Outcome: Information 10.4 Assessment of the Effectiveness of the Board The Chairman asked for Trustees’ comments on the paper. Margaret McGlade commented that she did not think that they had enough time to discuss this properly today and asked what was the obligation to have this assessment. The Chief Executive said that it was a requirement as part of good governance and as an NDPB to have an annual assessment. Trustees agreed to look at this in more detail outside the meeting. Outcome: Chief Executive to send to Trustees a scoring questionnaire on Board effectiveness. The Chairman commented on processes to help best use Trustees’ time more effectively going forward. He said that Trustees were happy to look at reports on Performance and Governance at any time outwith Trustees meetings. Trustees accepted responsibility to read and respond. They would be happy to take other papers in between meetings as well. The preferred route would be by e-mail and agreed that sensitive documents would be protected. The Chairman said their meetings should focus on finance, policy and strategic issues. In answer to a question, the Chief Executive said that Trustees’ decision outside of a meeting must be unanimous. Outcome: Information 10.5 Skills Training Needs Analysis for ILF Trustees The Chairman commented on the various skills Trustees have and on the training needs analysis. The Chairman asked Trustees to look at the analysis and pick out certain areas that were important to them and they would discuss this further. Outcome: Trustees to have a further discussion on Training Needs 11 AOB 11.1 ‘In Camera’ Session Following the Trustees earlier discussion it had been agreed that they would have a short ‘in camera’ session prior to every fourth meeting. Outcome: Information There being no further business the meeting ended at 15:10 hrs. |
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