REPORT ON THE DISCHARGE OF STATUTORY FUNCTIONS FOR THE PERIOD 01/04/08 31/03/09

REPORT ON THE DISCHARGE OF STATUTORY FUNCTIONS FOR THE PERIOD 01/04/08 31/03/09

Contents Sheet Page Section 1: Introduction Section 2: Section 3: Services Areas OPMS Physical and Sensory Disability Mental Health (Adults) Learning Disability (Adults) Family and Child Care/ Children s Disability/Child and Adolescent Mental Health Services Appendices

1. Introduction This report details the Northern Health and Social Care Trust Discharge of Statutory functions for the period 1.04.08 31.03.09 in relation to Older People s Services, Learning and Physical Disability Services, Mental Health and Children s Services. The Statutory Functions as outlined in this report are those placed on the Regional Board and then delegated to the Trust to be discharged operationally. The report sets out the assurance arrangements across each Service Area stating current and future issues in complying with the Scheme of Delegation of Statutory Functions. This is a new referral template which will act as a key Governance Tool for the Trust. Each Trust within Northern Ireland will use the same framework. The template incorporates 3 sections: Section 1 - An Introduction/Context Section 2 - A Strategic overview by the Executive Director of Social Work of the Trust s performance in relation to the discharge of its statutory functions across the respective service areas. Section 3 Individual service area reports addressing a number of specific assurance processes, engagement with external regulatory agencies, areas of difficulty in relation to statutory services delivery, training and areas of emerging significance. The Discharge of Statutory Functions is a challenging agenda setting out clear duties and powers which the Trust must adhere to across a range of vulnerable client groups as well as the many performance targets which must be met within the service. The Judicial System provides a Performance Framework which Social Work Staff and Services are measured against. As the new Director appointed in May 2009 I recognise this report illustrates the volume of activity, hard work and dedication the workforce have given over the last 12 months in meeting the requirements in discharging these Statutory Duties.

2 GENERAL 2.1 Statement of Controls Assurance Compliance with NISCC Requirements As noted in the individual Service Area returns, the Trust is compliant with the Northern Ireland Social Care Council s (NISCC) requirements in relation to the registration of the Social Services workforce. All professionally qualified Social Workers in designated posts in the Trust are required to be registered with NISCC. The Trust s selection and recruitment processes require confirmation of an individual s registration with NISCC for all designated Social Work posts. The NISCC Code of Practice for employers of Social Care Workers sets down the responsibilities of employers in the regulation of Social Care Workers. The Code is a key element of the overarching regulatory framework for the Social Care Workforce. The Trust is compliant with each of the domains of the Code through the following: 1) The Trust s robust recruitment and selection processes; its professional supervisory arrangements, and working towards personal contribution, appraisal and Personal Development Framework. 2) The comprehensive range of policies, guidance and procedures; across employment, occupational health, organisational and professional themes. 3) The Social Work Training Team ensure a range of training opportunities based on a Needs Assessment which enables the Social Care Workforce to meet individual training requirements. 4) The Trust s Duty of Care to the Staff Group is evidenced by a range of policies and procedures. (Eg Occupational Health, Equal Opportunities etc.) The Trust promotes the significance of the NISCC Code of Conduct through a range of organisational processes, the professional social work forum, the Directorate management meetings, AD/Head of Service meeting and wider Sector meetings. The NISCC induction standards were introduced in April 2008 and the Trust are working to achieve compliance with these standards.

Within the overall structure in the Trust there is not a dedicated social care governance post. Increasingly this is an issue for the Trust and will be a priority for the new Executive Director as he familiarises himself with the existing structures and possible review of this.

2.2 Accountability arrangements from frontline staff to Executive Director on Trust Board with responsibility for professional social work An unbroken line of professional accountability exists in relation to the discharge of Statutory Functions from the individual Social Work practitioner through the professional supervisory and operational line management structure to the respective Lead Social Worker in each Service Area, to the Executive Director of Social Work and the Trust Board. Within the Children s Directorate, for example the Head of Service is line managed by an Assistant Director from a health background but is professionally supervised by a social work qualified Assistant Director. Details of this are confirmed in Section 3 of the report. The Lead Social Workers have responsibility and accountability in their individual Service Areas for: the provision of professional leadership to the Social Services Workforce; the promotion of learning and development opportunities for the Service Area s Social Services workforce staff; the provision of specialist advice to their respective service areas on professional issues pertaining to the Social Services staff group, including matters relating to the discharge of Statutory Functions; and reporting and related assurance arrangements within the service area in respect of the discharge of Statutory Functions.

2.3 Executive Director of Social Work s General Statement of Controls Assurance setting out the Trust s performance in-year against the Discharge of Statutory Functions. Despite a very challenging year for the Trust particularly in the context of the comprehensive spending review and the efficiencies savings, the Trust has achieved general compliance with the elements of the Scheme for the Delegation of Statutory Functions. a) Within the individual service areas the Trust has sought to consolidate and develop monitoring and self-assurance mechanisms in relation to its discharge of its Statutory Functions included as outlined in the respective reports. Both RQIA and the Commissioner have conducted a range of statutory and thematic inspections and reviews of performance in relation to the delivery of statutory services across a number of service areas. b) The Trust has a robust policy and procedures informing the reporting and management of untoward incidents. It is compliant with the Commissioner and Department s requirements in respect of the reporting, investigation and monitoring of serious untoward incidents relating to the delivery of statutory services. c) The Trust is compliant with the procedures for the investigation, management and collection of information pertaining to complaints in relation to statutory services. At times there have been challenges in meeting the timescales, however this is primarily due to the complexity and nature of the complaints. d) The Trust is compliant with the requirements of external monitoring agencies. e) The Trust has implemented the new Supervision Policy in line with the requirements from the Reform Implementation Team (RIT). f) The Trust has implemented Departmental Circulars and Guidance and has developed discrete action planning, review and reporting arrangements in relation to individual RQIA Inspection recommendations as required. g) The individual service area reports have identified areas of concern and remedial and contingency actions to address difficulties in relation to the discharge of statutory functions. Within this context, a number of primarily resource and capacity issues have been highlighted. The Trust has previously communicated these matters to the Department and the Commissioner and is engaged in ongoing discussions in relation to same.

2.4 Summary of areas where the Trust has not adequately discharged Delegated Statutory Functions a) The service area reports have highlighted areas of difficulty related to the discharge of Statutory Functions within service localities. b) Children s Services has completed a major re-structuring with the establishment of Gateway and the ongoing implementation of a Pathways Service model. LAC, Family Support Teams and 16+ Teams have still to be established in some areas. The Team Leader Role remains a key role in the discharge of Statutory Functions. Recent difficulties in recruitment of this grade of staff has placed additional pressure to meet these requirements. c) As a result of re-structuring and related workforce issues, the Trust has not met the requisite standards in relation to supervision in some instances. This is in relation to AYE Staff and Residential Staff. d) In the absence of alternative provision, the Trust has continued to use unregulated accommodation places for 16-18 year olds outside of those places commissioned under the Joint Commissioning process with Supporting People to accommodate looked after young people and those presenting as homeless aged 16-18years. e) The issue of unallocated cases has continued to exercise the Trust and is the subject of weekly and monthly monitoring. The length of time a case waits to be allocated is to become a PFA target for 2009/2010 and it is anticipated that the additional investment will help address this pressure. f) The Trust have not met all requirements with respect to Early Years inspection and childminding reviews. g) The Standards for Residential, Domiciliary and Day Care and Associated Inspection by RQIA are proving challenging especially in areas such as Training for the Social Care Workforce.

2.5 Progress report on Actions taken to improve performance, including financial implications. Section 3 details the individual reports detailing the actions taken to address the areas of difficulty. The Trust would wish to highlight the following areas. Workforce: The Trust is promoting workforce skills development and individual learning within Trust-wide supervisory and appraisal frameworks. The Trust has had relative success in its recruitment and staff maintenance strategy. While the profile of the workforce in Family Support Services in particular reflects significant levels of AYE staff, these are supported by an experienced Senior Practitioner cohort and supplemented by the service s Principal Practitioner Groups. The children s residential staff base has had a period of relative stability at both managerial and practitioner levels. The effective use of the Trust s Resource Panel has effectively reduced the number of unplanned admission into residential care. Supervision: The Trust has operationalised the Social Work Supervision Policy emanating from the Reform and Modernisation Agenda of Children s Services. The Adult Services have also revised the Supervision Process in line with this development. Resources: The Trust is mindful of the overarching financial situation and the attendant impact on resource availability. The Trust welcomes the additional investment in Family and Child Care Services and Carers and commitments in relation to adult protection. There remains within the Trust a high dependency on fostering arrangements with independent providers. This is the focus of 2009/2010 and there is a concentrated recruitment plan to recruit salaried carers to allow a reduction in the use of these placements. There are also a small number of young people placed in overseas or specialist facilities at high cost. It is anticipated that if the business case for an intensive support unit could be progressed these placements could decrease. There has been some improvement in year in meeting the statutory requirement for the review of Early years facilities. The appointment of a dedicated Social Work Service Manager to oversee Early Years on a Trust wide basis will continue to progress this.

2.6 Highlight which, if any, of the areas requiring further improvement and if they have been included in the Trust s Corporate Register Within Children s Services the management of unallocated cases remains an area requiring further improvement. The move of experienced staff from Family Support Intervention Teams has had a significant impact on the capacity of these teams to manage highly complex work. The restructuring from generic teams to dedicated Looked After Children and Family Support Intervention Teams requires further improvement. The dependency on independent fostering providers is a targeted area for improvement in 2009/2010. Use of unregulated places for 16-18 year olds outside care system. Places outside those commissioned under Joint Commissioning process with Supporting People.

2.7 Report on the Trust s Compliance in relation to other statutory agencies such as RQIA, NISCC As noted in the individual service area reports, the Trust is compliant in this area. The Trust has established a regular forum with RQIA to address the continuum of issues relating to the range of issues pertaining to both organisations. (Reference 3.4)

2.8 Set out the systems, processes, audits and evaluations undertaken internally or externally identifying emerging trends and issues which shape the Directors conclusion about Trust performance. a) Section 3.3 sets out a range of audits undertaken in both Adult and Childcare Services which highlights the Trust s commitment to Audit and Evaluation. b) The following emerging issues will provide significant challenges in relation to statutory service delivery: Issues related to the protection of children and vulnerable adults arising out of the Baby Peter Case and a greater public awareness of adult protection issues. This may be a factor in a 30% increase in referrals to Gateway Services during 08/09. The impact and operational demands of the new Public Protection Arrangements (PPANI) incorporating adjudicated and non-adjudicated violent and sexual offenders. The pending operationalising of the single multi-disciplinary Adult Assessment Model for Adult Services. Ongoing development of a regional web based solution to complete the full implementation of UNOCINI. Developing accessible pathways to facilitate professional staffs attainments of Post Qualifying accreditation in the context of proposals to link such accreditation requirements to career progression. Difficulties in recruiting at Band 7 and 8A Band within Family and Childcare Services. Increasing number of referrals under the regional safeguarding policy regarding vulnerable adults will be challenging for both the Mental Health and Disability, Primary Care and Community Care for Older People Directorates.