ITEM: 14(a) PAGE: 1 REPORT TO: POLICY AND RESOURCES COMMITTEE 8 OCTOBER 2013 SUBJECT: MAYBANK STAFFING BUDGET BY: CORPORATE DIRECTOR (EDUCATION AND SOCIAL CARE) 1. REASON FOR REPORT 1.1 To update Committee on the staffing budget and staffing implications for Maybank, a Learning Disability Residential Challenging Behaviour Unit in Forres. 1.2 This report is submitted to Committee in terms of Section III (A) (2) of the Council's Administrative Scheme to regulate and manage the finances of the Council in accordance with the policies determined by the Council 2. REASON FOR URGENCY 2.1 A recent inspection by the Care Inspectorate has resulted in the requirement that; - the provider must ensure that there are sufficient staffing working in the care home to meet the identified health, welfare and safety needs of the service users. Also staff are working additional hours and are fatigued, the activities of the residents are compromised and this can lead to additional challenges. 3. RECOMMENDATION 3.1 Committee are asked to consider the contents of the report and: i) Agree to use the £200k in Transition funding to fund the staffing budget pressure and to ensure safe and effective care for residents, and a safe and effective working environment for staff; and ii) Remit this report to the Health and Social Care Committee for their information. 4. BACKGROUND 4.1 Maybank is a residential challenging behaviour unit in Forres. It provides accommodation for four people who all present extremely challenging behaviour. Maybank has been operated by the Moray Council since April 2012, prior to that it was operated by The Richmond Fellowship. ITEM: 14(a) PAGE: 2 4.2 Staff were transferred to The Moray Council from The Richmond Fellowship in April 2012 in accordance with the Transfer of Undertakings & Protection of Employment Regulations 2002. A report on this was presented to Policy & Resources Committee on 31 January 2012 (para 31 of the minute refers), Maybank was not fully staffed at this time and had inherent recruitment problems. 4.3 When Maybank was taken over by the Moray Council, a staffing structure was agreed with information provided from The Richmond Fellowship, based on full establishment required for the unit. This consisted of; 1 FTE Manager (Grade 9), 4 FTE Assistant Managers (Grade 7); 8 FTE x Key Worker (Challenging Behaviour) (Grade 5) and 18 FTE x Care Assistant (Challenging Behaviour) (Grade 4) at an estimated maximum staffing cost of £982,701. 4.4 When staff were transferred to The Moray Council from The Richmond Fellowship, Maybank was not fully staffed and a recruitment process was put in place. Recruitment has proved difficult and in the first financial year of operation, the unit was not fully staffed. The Maybank budget was set according to the actual staffing figure rather than the staffing structure required to run the establishment. The impact of this is that the unit is operating under establishment in terms of Care Assistant posts and there is an overspend in overtime and relief hours. 4.5 The budget pressure of bringing this service in house was included in the report “Allocation of Budget to meet Budget Pressures” at Policy & Resources Committee on 20 March 2012 (para 8 of the minute refers) Appendix 4 to this report included the details of the service and was acknowledged that funding would be required of £900k in total (reduced from £965k) and that an allocation of £450k would be required in 2012/13 to increase this budget to this level. 4.6 At Policy & Resources Committee on 27 Novermber 2012 (para 6 of the minute refers) approval was received for a budget allocation for 2012/13 and 2013/14 of £220k. Therefore the total budget that was set for Maybank in the first financial year was £785k. 4.7 Maybank is working with Moray Council Human Resources Service and is carrying out continuous recruitment to ensure that a full staffing complement is reached. The budget for this recruitment is not in place and there is a shortfall. Recruitment has been put on hold until the budgetary position can be resolved. 4.8 Whilst Maybank has been operating without a full staffing compliment, this is not a safe working situation. Staff are working additional hours and are fatigued, the activities of the residents are compromised and this can lead to additional challenges. In addition, there has been a recent inspection of the unit by the Care Inspectorate and there is a requirement to ensure that Maybank is fully staffed ITEM: 14(a) PAGE: 3 4.9 The balance of the budget pressure of £230k was not brought forward into the 2013/14 funding. However, there is £200k in the fund for Transition clients in 2013/14, which is now unlikely to be required in 2013/14. Committee are asked to approve the use of this £200k to fund the pressure of Maybank staffing. 5. SUMMARY OF IMPLICATIONS (a) Single Outcome Agreement/Service Improvement Plan National Outcome 15, “Our public services are high quality, continually improving, efficient and responsive to local people’s needs”. (b) Policy and Legal There is a requirement by the Care Inspectorate to ensure that the unit is fully staffed. (c) Financial implications The financial implications are considered in section 4 of this report. The additional cost of bringing the staffing establishment to full requirement can be contained within the £200k funding noted, if the Committee approve of the change. Staffing as detailed in para (e) below would require funding of £117.5k. (d) Risk Implications Providing an appropriate service for people with learning disabilities and challenging behaviour reduces risks to them and their carers. The risks are of staff loss of morale and loss of staff members leading to delivery of poor care and the subsequent increase in the number of incidents of a disturbed or violent nature in Maybank. There is a risk to reputation of The Moray Council. There is also a financial risk if The Council is unable to sustain the service at Maybank then out of area placements may be required for one or more service users. The cost of this will depend on individual need and availability of resource. (e) Staffing Implications This report, if approved, will result in recruitment of additional staff to Maybank and will strengthen our ability to manage challenging behaviour in Moray. Staffing Required for full establishment would be an additional 5 x 37 hour FTE Grade 4 staff at a cost of £117.5k (f) Property There are no implication with regard to property in this report. (g) Equalities An appropriate service for this group assures equality and equity for the service users. A commissioning process is in place to consider a replacement for the infrastructure and this process includes a ITEM: 14(a) PAGE: 4 stakeholder intelligence group. No additional equalities issues have been identified to date. (h) Consultations Consultation has taken place with Head of Community Care; Principal Accountant, Deborah O’Shea; Senior Solicitor, Kathryn MacPherson; Commissioning Manager, Roddy Huggan; Service manager, John Campbell and Senior HR Adviser, Katrina McGillivray, all of whom concur with the contents of this report. 6. CONCLUSION 6.1 Committee are asked to agree the increase in staffing budget as detailed above. Author of Report: Charles McKerron, Service Manager. Background Papers: There are no background papers. Ref: