Joint Commissioning Arrangements
Dear Reading Borough Council,
The Children & Families Act Section 26 Joint Commissioning Arrangements states:
A local authority in England and its partner commissioning bodies must make arrangements (“joint commissioning arrangements”) about the education, health and care provision to be secured for—
(a) children and young people for whom the authority is responsible who have special educational needs, and
(b) children and young people in the authority's area who have a disability.
(3) Joint commissioning arrangements must include arrangements for considering and agreeing—
(a) the education, health and care provision reasonably required by—
(i) the learning difficulties and disabilities which result in the children and young people
within subsection (1)(a) having special educational needs, and
(ii) the disabilities of the children and young people within subsection (1)(b);
(b) what education, health and care provision is to be secured;
(c) by whom education, health and care provision is to be secured;
(d) what advice and information is to be provided about education, health and care provision;
(e)by whom, to whom and how such advice and information is to be provided;
(f) how complaints about education, health and care provision may be made and are to be dealt with;
(g) procedures for ensuring that disputes between the parties to the joint commissioning arrangements are resolved as quickly as possible.
(8)A local authority's “partner commissioning bodies” are—
(a)[F2NHS England], to the extent that it is under a duty under section 3B of the National
Health Service Act 2006 to arrange for the provision of services or facilities for—
(i)any children and young people for whom the authority is responsible who have
special educational needs, or
(ii)any children and young people in the authority's area who have a disability, and
(b)each [F3integrated care board] that is under a duty under section 3 of that Act to arrange for the provision of services or facilities for any children and young people within paragraph (a).
Please provide me with a copy of Reading Borough Councils Joint Commissioning arrangements with NHS England.
Yours faithfully,
Jacqui
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Customer Relations Team
Legal & Democratic Services | Information Governance and Compliance
Reading Borough Council
Civic Offices
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RG1 2LU
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Reference: FOI-580230761
Date of request: 24/01/2024
Title of request: Joint Commissioning Arrangements
Dear Jacqui Prentice,
Please accept this e-mail as acknowledgement that your recent Freedom of
Information request has been received by Reading Borough Council. You
should expect to receive a response within 20 working days from the date
your request was received.
Please note, if your request is received on a weekend or bank holiday your
request will be registered as being received on the next working day.
Kind regards,
FOI Team
Reference: FOI-580230761
Date of request: 24/01/2024
Title of request: Joint Commissioning Arrangements
Information request:
Dear Reading Borough Council,
The Children & Families Act Section 26 Joint Commissioning Arrangements
states:
A local authority in England and its partner commissioning bodies must
make arrangements (“joint commissioning arrangements”) about the
education, health and care provision to be secured for—
(a) children and young people for whom the authority is responsible who
have special educational needs, and
(b) children and young people in the authority's area who have a
disability.
(3) Joint commissioning arrangements must include arrangements for
considering and agreeing—
(a) the education, health and care provision reasonably required by—
(i) the learning difficulties and disabilities which result in the
children and young people
within subsection (1)(a) having special educational needs,
and
(ii) the disabilities of the children and young people within
subsection (1)(b);
(b) what education, health and care provision is to be secured;
(c) by whom education, health and care provision is to be secured;
(d) what advice and information is to be provided about education, health
and care provision; (e)by whom, to whom and how such advice and
information is to be provided;
(f) how complaints about education, health and care provision may be made
and are to be dealt with;
(g) procedures for ensuring that disputes between the parties to the joint
commissioning arrangements are resolved as quickly as possible.
(8)A local authority's “partner commissioning bodies” are—
(a)[F2NHS England], to the extent that it is under a duty under section 3B
of the National
Health Service Act 2006 to arrange for the provision of services
or facilities for—
(i)any children and young people for whom the authority
is responsible who have
special educational needs, or
(ii)any children and young people in the authority's area
who have a disability, and (b)each [F3integrated care board] that is under
a duty under section 3 of that Act to arrange for the provision of
services or facilities for any children and young people within paragraph
(a).
Please provide me with a copy of Reading Borough Councils Joint
Commissioning arrangements with NHS England.
Yours faithfully,
Jacqui
Dear Jacqui Prentice,
FREEDOM OF INFORMATION REQUEST
Thank you for your recent request received by the Council on 24th of
January 2024.
You have requested the following information under the provisions of the
Freedom of Information Act 2000:
Please provide me with a copy of Reading Borough Councils Joint
Commissioning arrangements with NHS England.
Our response is as follows:
Having consulted with the Children and Young Peoples Disabilities Team,
the SEND Team and with Health commissioners we have concluded we don't
have any joint commissioning agreements as defined in the Children's and
Families Act Section 26.
On the Reading Borough Council Website there is a publication scheme where
you can [1]search previous Freedom of Information requests that have been
responded to, to locate an answer to a future FOI request.
If you are unhappy with this response to your request for information
under the Freedom of Information Act then you may ask for an internal
review. Please make a request in writing to the Information Governance
Team at [2][email address]. If you request such a review and are not
content with its outcome, then you have a right to apply directly to the
Information Commissioner for a decision. The Information Commissioner can
be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Kind regards,
FOI Team
References
Visible links
1. https://self.reading.gov.uk/Forms/Freedo...
2. mailto:[email address]
Dear The FOI Team,
I would appreciate clarification if this means you have no Joint Commissioning arrangements (JCA) with any CCG that make up NHS England or if you are stating you do not have a JCA with NHS England directly? If you do have JCA with CCG's please confirm which CCG's these are so that I can identify the one I am after.
Yours sincerely,
Jacqui Prentice
Thank your e-mail/request.
We will log your request into our system and you will receive an
acknowledgement mail with a reference number for your request. Setting out
the response time and date.
For future reference on the Reading Borough Council Website we have a
publication log where you can search responses to previous FOI’s that may
provide you the information that you require and allow you access to log
any future requests should you prefer. Freedom of Information Request -
Reading MyAccount
If your experiencing issues accessing the system through our website,
please contact us by this e-mail address and we will endeavour to assist
you.
If you are requesting an update regarding a request you have sent in
previously, we will reply to your e-mail shortly.
Kind regards
Customer Relations Team
Legal & Democratic Services | Information Governance and Compliance
Reading Borough Council
Civic Offices
Bridge Street
Reading
RG1 2LU
0118 937 937 2905
Website | Facebook | Twitter | YouTube | Instagram | LinkedIn
Dear Ms Prentice,
Brighter Futures for Children do not have any joint commissioning agreements with any ICB (formally CCG) nor directly with NHS England.
If you wish to provide more clarity to your request such as the purpose for your enquiry, we may be able to assist you further.
Kind regards
FOI Team
Dear FOI, CRT,
I am trying to determine the following:
1) . which ICB the agreement is with for providing health care input as part of an EHCP Needs Assessment
2) what the identified process is when their is disagreement between the parties regarding health advice for children with EHCPs.
Yours sincerely,
Jacqui
Dear Ms Prentice
Answers to your follow up questions dated 23 February 2024 are blow, if you require further information, please submit a new FOI request.
1) which ICB the agreement is with for providing health care input as part of an EHCP Needs Assessment.
The Health service have a duty to cooperate when completing EHCNAs so BFfC does not have any agreements regarding the health care input. The Buckinghamshire, Oxfordshire and Berkshire West ICB is responsible for funding this in the Reading area and currently commissions Berkshire Health Foundation Trust to complete the health elements of the EHCNA.
2) what the identified process is when there is disagreement between the parties regarding health advice for children with EHCPs.
If the parties are BFfC and Parents, then the identified process is an extended appeal to SENDIST to include Health and Social Care. SENDIST can make a ruling in respect of Health and Social care and whilst they are not legally binding the same way that a decision about Education is legally binding Health (or Social Care) must have a really good reason for not implementing the decision of the Tribunal.
If the Health Authority do not implement the decision of a Tribunal, then the parents should use the Health complaints process.
Kind regards
The FOI Team
Dear FOI, CRT,
Thanks for the response however can you also please clarify what the correct process is when the LA disagree with NHS health input provided?
Yours sincerely,
Jacqui Prentice
Dear Ms Practice ,
As per the response below, the Health service have a duty to cooperate when completing EHCNAs, there is no process/agreements regarding the health care input with the LA.
If the Health Authority do not implement the decision of a Tribunal, then the parents should use the Health service complaints process.
Kind regards.
FOI Team
Dear FOI, CRT,
Sorry you are misunderstanding me, I mean what if the LA are not accenting of the health findings, what is the correct process the LA are meant to follow then. Looking at the underling guidance it states:
(g) procedures for ensuring that disputes between the parties to the joint commissioning arrangements are resolved as quickly as possible
This is the information I am after.
Yours sincerely,
Jacqui Prentice
Dear Ms Prentice
As per previous response on this matter, there are no joint commissioning agreements with Health.
Where matters may be in dispute, the LA would follow the Health services' complaints procedure.
Kind regards
FOI team
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