Meeting: Cabinet	Date: 17th October 2023

Wards affected: All

Report Title: Cornwall Council to join Adopt South West

When does the decision need to be implemented? Click here and enter date

Cabinet Member Contact Details: Councillor Bye, Cabinet Member for Children’s Services, nick.bye@torbay.gov.uk

Director Contact Details: Nancy Meehan, Director Children’s Services, Nancy.meehan@torbay.gov.uk

1.	Purpose of Report

1.1	This report has been prepared to seek approval on the proposal to integrate Cornwall and the Isles of Scilly's adoption services into the Regional Adoption Agency (RAA) ‘Adopt South West’.

2.	Reason for Proposal and its benefits

2.1	In June 2015, the Department of Education (DfE) asked all adoption agencies in England to consider how to work much more closely together on a regional basis. The Education and Adoption Act 2016 (s15) gave the Secretary of State a new power to direct one or more named local authorities to make arrangements for any or all of their adoption functions to be carried out on their behalf by one of the local authorities named, or by another agency.

2.2	As a result of these changes Torbay Council became a member of Adopt South West - This is a Regional Adoption Agency (RAA) whereby four separate local authority adoption services (Somerset, Plymouth Devon and Torbay) combined into a single RAA hosted by Devon County Council (the Host) – this took effect in October 2018.

2.3	At this time Cornwall and the Isles of Scilly did not join an RAA and are one of only 2 local authorities nationally not yet part of an RAA. As such they have recently undertaken a review of current regional adoption agency performance and have considered their options for a future relationship with Adopt South West.

2.4	As a result, Cornwall Council are requesting permission by Adopt South West members and host Devon County Council (DCC) to join Adopt South West.

2.5	The proposal is for Cornwall and the Isles of Scilly Adoption Service to join Adopt South West as a full member. Becoming a full member would lead to Cornwall joining the existing partners and sharing equal influence and accountability to further develop and improve the service. All core functions, pre and post adoption order, of Cornwall and the Isles of Scilly adoption agency would be delegated to the Adopt South West.

2.6	To enable this the Host (Devon County Council) will enter into a separate Inter Authority Agreement with Cornwall Council and, simultaneously enter into a deed of variation with the existing partners (of which Torbay Council is one). The Deed of Variation will seek to amend the current ‘Inter Authority Agreement’ to the extent necessary to admit Cornwall Council as a full partner.

3.	Recommendation(s) / Proposed Decision

3.1	That the integration of Cornwall and the Isles of Scilly’s adoption services into Adopt South West be approved; and

3.2	That, to facilitate 3.1 above the Director of Children’s Services be given delegated authority to enter into a ‘deed of variation’ with the other existing partners to amend the current Inter Authority Agreement to the extent necessary to admit Cornwall Council as a full partner.

Appendices

Appendix 1: Integration of Cornwall’s Adoption Services into ‘Adopt South West’ – Business Case – Prepared by Cornwall Council. EXEMPT

1.	Introduction

1.1	In June 2015, the Department of Education (DfE) asked all adoption agencies in England to consider how to work much more closely together on a regional basis. The Education and Adoption Act 2016 (s15) gave the Secretary of State a new power to direct one or more named local authorities to make arrangements for any or all of their adoption functions to be carried out on their behalf by one of the local authorities named, or by another agency.

1.2	Cornwall and the Isles of Scilly Adoption Service did not join a regional adoption agency at this time and as such are one of only 2 local authorities nationally not yet part of a RAA.

1.3	Alongside this The DfE have given a clear message to Cornwall that they are expected to join a regional adoption agency. If they fail to do so the Secretary of State can direct that this happens.

1.4	As a result the proposal is for Cornwall and the Isles of Scilly Adoption Service to join Adopt South West as a full member. Becoming a full member would lead to Cornwall joining the existing partners and sharing equal influence and accountability. All core functions, pre and post adoption order, of Cornwall and the Isles of Scilly adoption agency would be delegated to the Adopt South West.

1.5	Cornwall Council have developed a Business Case setting out the proposals, the benefits to them, the key outcomes, the financial and legal implications, the suggested timeline and risks – this can be found at appendix one.

2.	Options under consideration

2.1	N/A - no other options have been detailed within the Business Case.

3.	Financial Opportunities and Implications

3.1	Section 6 within the appended Business Case outlines the financial analysis undertaken by Cornwall Council. As part of this they advise that ‘Work has taken place over recent months to ensure that Adopt South West will have sufficient additional budget to take on the functions for which it will now be responsible. In total additional budget of £916k will be required’

3.2	As a result Cornwall Council advise within the business case that ‘The Adopt South West Strategic Board will be asked at their August 2023 meeting to agree a new funding formula’.

3.3	Since the business case has been drafted all 4 existing members of Adopt South West have been contacted by the Host to seek their views on the proposals contained within Cornwalls Business Case. Various options based on implementing over different timescales from one to three years were considered - the only option that has not been ruled out by one or more participants in the partnership is to implement the new formula, phased over two years. This therefore is now the recommended option.

4.	Legal Implications

4.1	The Regional Adoption Agency is governed by an Inter Authority Agreement which formalises the following amongst the current participants

A shared service model with Devon County Council (DCC) as the host

The transfer of specified adoption functions from the current participants to DCC to exercise on their behalf (please see Appendix 1)

The delivery of the adoption service including ancillary services to support the adoption service and staffing

The transfer of staff, assets, contracts, and records to DCC

Financial arrangements including annual budget setting, funding contributions, and risk sharing

The use of premises

Information sharing protocols

Governance and decision making

4.2	To admit Cornwall Council as a full member to the RAA, DCC (as the ‘host’) will be required to enter into a separate Inter Authority Agreement with Cornwall Council and, simultaneously enter into a deed of variation with the existing partners (of which Torbay Council is one) to amend the current Inter Authority Agreement.

5.	Engagement and Consultation

5.1	N/A (Please Note - any consultation activity required by Cornwall Council (i.e. with their staff as part of the TUPE process) is detailed in the Business case at appendix one).

6.	Purchasing or Hiring of Goods and/or Services

6.1	N/A

7.	Tackling Climate Change

7.1	N/A

8.	Associated Risks

8.1	Please see the risks identified by Cornwall Council as set out in sections 3.10 and 9 of the Business Case (appendix one).

8.2	We have identified the following risks to Torbay Council:

As a result of the proposed changes the contractual basis of the existing arrangement will alter i.e. consensus of agreement

There will be an impact on the level of funding required to sustain the delivery of the service moving forwards, however this has been mitigated against as a new funding formula is being proposed (see financial section above).

9.	Equality Impacts - Identify the potential positive and negative impacts on specific groups

9.1	N/A

10.	Cumulative Council Impact

10.1	N/A

11.	Cumulative Community Impacts

11.1	N/A