Resolved that –

i.     Delegated Authority is given to the Council Chief Executive, (in
consultation with the Leader, Portfolio Holders, Strategic Director
Corporate Resources, Director of Finance, City Solicitor, Trust
Chair Designate and the DfE) to agree the final name for the
Children’s Trust.

ii.     Delegated Authority is given to the Council Chief Executive, (in
consultation with the Leader, Portfolio Holders, Strategic Director
Corporate Resources, Director of Finance, Director of Children’s
Services and City Solicitor) to agree the terms of, authorise and
sign the Memorandum of Understanding on behalf of the
Council, recognising that although it is not technically, a legally
binding document it will, in practice, commit the Council to the
course of action described within it.

iii.    The Executive approves the establishment of the Children’s Trust
as a wholly owned Company Limited by Guarantee. Following
the appointment of the Chair and the other directors, the
company should then decide whether to seek registration as a
Community Interest Company.

iv.   Delegated Authority is given to the Council Chief Executive, (in
consultation with the Leader, Portfolio Holders, Strategic Director
Corporate Resources, Director of Finance, Director of Children’s
Services and City Solicitor) to agree the terms of, authorise and
adopt the Articles of Association on behalf of the Council.

v.    Delegated Authority be given to the Chief Executive to lead
negotiations with DfE on behalf of the Council to (amongst other
matters):

a.    Negotiate the suite of corporate, commissioning and ancillary documentation necessary for the implementation of the arrangements with the Children’s Trust

b.   Undertake appropriate consultation with the Section 151
and Monitoring Officer.

c.   Agree the contract sum and the corporate support
services (amongst other matters such as VAT and tax
treatment).

d.   Establish the ‘best negotiated position’ for the Council
that meets the legal requirements imposed by the
Direction and references the needs of the Company in
relation the effective delivery of the transferring services.

e.   In reference to the recommendations contained in
subparagraphs a-d above, negotiate and agree the
terms of any other contractual and corporate
documentation referenced within the MoU such as the
Governance Side Agreement, Service Delivery Contract,
any support services agreement, pensions agreements,
occupation agreements for property, deed of novation of
third party contracts and other formal agreements, legal
or otherwise, including satisfying and complying with all
procurement and corporate or Council governance
requirements that may be required to enable these
recommendations to be implemented.

f.    Any key decisions in relation to the above to be
undertaken in consultation with the Leader of the
Council and the relevant Portfolio Holders.

vi.    In order to provide effective strategic leadership of the Children’s
Trust a Chief Executive be appointed. The recruitment of the
Chief Executive should commence immediately in liaison with
the Chair of the Children’s Trust as per the terms of the MoU that
are summarised in Appendix 3 of this report. Agreement that
Interim arrangements may need to be put in place in order to make progress with the establishment of the Children’s Trust
board and associated contract negotiations.

vii.   The Executive approve the following proposed scope of services
for which the Children’s Trust will be responsible from 1 April
2023:
i.              Children’s Social Care
ii.             Early Help & Prevention
iii.            Youth Justice Service
And reserve for future decision, the process for finalising the
scope of corporate support services.

vii.   Bi-monthly reports are brought to the Executive with the next report scheduled for August.

The Executive notes:

a)    The DfE appointment of Steve Walker and Eleanor Brazil as
Commissioners to support Children’s Social Care Improvement and the
establishment of the Children’s Trust.

b)    The appointment of PWC to provide Programme Director / Programme
Management support to the process.

c)    The appointment of Bevan Brittan as external legal advisors to the
Council

d)    The appointment of Eileen Milner as Chair of the Children’s Trust
following a competitive selection process undertaken in partnership with the DfE. The Council welcomes Eileen to the role and looks forward to future working relationships.

e)    Consultation and engagement will continue. This will include full TUPE consultation with all employees affected by the creation of the Children’s Trust.

f)     The high-level programme plan and governance arrangements
programme to establish the Children’s Trust.

ACTION: Chief Executive