GENERAL
Any of the following delegations with a financial impact can only be exercised if they are within budget and are in accordance with the Financial Framework:
The Directors of Children’s Services and Adult Social Services to be able to delegate such
of the powers set out in this scheme of delegation to the appropriate Head of Business Unit
or other professional officer as is required for that officer to effectively and efficiently carry
out his/her duties.
DELEGATION TO THE DIRECTOR OF CHILDREN’S SERVICES
1.0 Services for Children and Families – General
1.1 Granting consent to (a) the use of anaesthetics, (b) dental treatment, (c) vaccination and immunisation, (d) remedial exercises, and (e) operative treatment of children in the care of the Council.
1.2 Appointing the Council to act as guardian under apprenticeship agreements for children in the care of the Council.
1.3 Provision of special grants to children who are looked after by the Council.
1.4 Approving financial assistance under Section 24 of the Children Act 1989 or the Children (Leaving Care) Act 2001.
1.5 Consenting to military service of children in the care of the Council.
1.6 Consenting to marriage of children in the care of the Council.
1.7 Consenting to passport applications on behalf of children in the care of the Council.
1.8 Reviewing the cases of children looked after by the Council.
1.9 Prohibiting or placing restrictions on the private fostering of children by foster parents (Section 69 of the Children Act 1989).
1.10 By the Director, Heads of Service and Service Managers visiting community homes for the purpose of Regulation 22(4) of the Children’s Homes Regulations 1991.
1.11 Approving the placement of children with foster parents.
1.12 Imposing under Section 69 of the Children Act 1989 on persons fostering children privately the requirements specified in paragraph 6 of Schedule 8 of the Act and, in appropriate circumstances, to limit those requirements as authorised therein.
1.13 (a) Authority to seek the placement of a child in secure accommodation. This authority cannot be further delegated by the Director below the level of second tier Officers and must be considered by a Panel of three of the following Officers:-
At least one of:-
(i) Director of Children’s Services;
(ii) Head of Children’s Services.
(or in their absence, one of the other Heads of Service)
and
A Service Manager in Children’s Services
A Principal Officer for Children’s Services
(a) Reviews of Such placements will be considered by a Panel of three comprising:-
(i) a Service Manager or Principal Officer in Children’s Services and a Team Manager, Unit Manager or Senior Practitioner, none of whom have been connected with the case;
(ii) an independent person.
(NOTE: The Director be authorised to appoint suitable independent persons to the Panel)
1.14 By the Adoption Standing Group comprising the Officers named below, the monitoring of adoption placements:-
Two Managers within the Department with experience in adoption work appointed by the Director. One member of staff with experience in adoption work whose co-option, as necessary, is approved by the Director
1.15 By the Director or the Head of Children’s Services all decisions required of the Adoption Agency following recommendation from the Adoption Panel.
1.16 Authorising the appointment to the Adoption Panel of persons nominated as independent members.
1.17 By the Director and appropriate Officers selected by the Director to act in respect of the functions in Appendix 1.
By the Director or the Head of Children’s Services all decisions required of the Fostering Service provider under Fostering Services Regulations 2001, following recommendations from the Fostering Panel.
By the Head of Children’s Services to authorise appointments to the Fostering Panel of persons nominated as independent members and social work appointments to the Panel.
1.18 By Service Managers, Child Care and Emergency Duty Teams- to place children in cases of emergency under Regulation 11 of the Foster Placement (Children) Regulations 1991.
1.19 By the Head of Children’s Services – to approve exemptions to the usual fostering limit in respect of children placed in local authority foster homes in cases of emergency.
1.20 By the Service Manager, Children’s Services- to re-approve foster parents following formal parent reviews under Regulation 4 of the Foster Placement (Children) Regulations 1991, and to impose or revise the terms of re-approval, provided there is no conflict of opinion between the parties to the review.
2.0 Services for Children and Families – Financial
2.1 After consultation with the Head of Resources, authorising annual adjustments to allowances to young persons and gifts to children looked after and in community homes and hostels having regard to cost increases. (Amended 24/9/02; 1/3/05)
2.1 Varying the above allowances in special circumstances.
2.3 Varying fostering allowances, allowances to young persons and gifts to children looked after in special circumstances.
2.4 Making grants for overseas holidays for children looked after.
2.5 Ascertaining the need for and selection of furniture, fittings and equipment required for community homes.
2.6 Approving grants in excess of amounts approved by the Cabinet where foster parents propose to incur heavy expenditure on a holiday which it would appear to be to the benefit of the child.
2.7 Purchasing through the National Health Service items (e.g. spectacles, dentures, surgical appliances) prescribed for children looked after by the Council.
2.8 Approving under Section 23 of the Children Act 1989 payments in respect of the travelling, subsistence or other expenses incurred by parents in visiting their children if it appears that they would not otherwise be able to do so without undue financial hardship.
2.9 Approving, after consultation with the Head of Resources, variations or waiving of scale charges in respect of parental contributions.
2.10 After consultation with the Head of Resources, authorising adjustments of Fostering Allowances at six monthly intervals.
2.11 After consultation with the Head of Resources, revising the special fostering fee for the special family placement scheme and fees to foster parents taking disabled children at the same time as the review of fostering allowances in April and October each year and on the basis of the movement in the general index of retail prices for the period in question.
3.0 DELEGATION TO THE DIRECTOR OF ADULT SOCIAL SERVICES AND HEADS OF BUSINESS UNIT AS APPROPRIATE:
3.1 Issuing certificates to blind persons under Section 2(2) of the Wireless Telegraphy Act 1949.
3.2 The granting of applications for parking concessions from disabled and blind people.
3.3 Lifting and re-imposing the moratorium on the payment of cost of installation of telephones for the disabled to comply with expenditure levels provided in the relevant Revenue Estimates.
3.4 Approving all adaptations to homes of people with a physical disability within the approved budget each year subject to consultation with the Head of Resources for adaptations with a net cost in excess of £5,000.
3.5 By the Heads of Business Units and all relevant staff- giving priority to service users in the circumstances mentioned when making assessments of needs.
4.0 Services for Older People and those with a Physical Disability – Financial
4.1 Authorising variation of the assessment scale for adaptations to homes of people with a physical disability in exceptional circumstances.
4.2 Authorising the division of the estimated cost of works of adaptation between that which will enhance the value of the property and that which will not.
4.3 After consultation with the Head of Resources, varying the assessment scales in exceptional circumstances for recuperative holidays.
4.4 Approving the installation and/or rental of telephones and television for people with a physical disability within the criteria laid down by the Council.
4.5 Approving the establishment of amenity funds at residential and day care establishments together with the appointment of custodians of funds and to receive audited accounts of funds.
4.6 To ensure best use of day centre facilities, authorising such adjustments to the catchment areas as may be necessary from time to time.
4.7 Authorising the varying or waiving of the scale charge for the Meals on Wheels Service.
4.8 Authorising, after consultation with the Head of Resources, the varying of financial assessments of persons admitted to the Council’s residential accommodation for older people. (Disputes to be determined by the Social Services Appeals Panel).
4.9 Authorising, after consultation with the Head of Resources, increases in the subsidy to carers within the Home from Home Scheme in line with inflation at the same time as the annual review of all other charges and fees.
4.10 Authorising the waiving of charges for day care in respect of clients who have special financial difficulties.
5.0 Services for People with a Mental Illness or Learning Disability – General
5.1 By the Director, Heads of Service or Service Managers – accepting guardianship applications under Section 7(5) and amendments to applications under Section 8(4) of the Mental Health Act 1983.
5.2 In the absence of another suitable person, applying, pursuant to the Court of Protection Rules 1984, for appointment under Section 99 of the Mental Health Act 1983 to act as receiver.
5.3 Establishing, after consultation with the Head of Resources, schemes for the development of social care services for people with a mental illness which are consistent with the Council’s strategy on Community Care and can be funded from within the specific grant and revenue budget allocation.
5.4 The appointment of Approved Social Workers under Section 114 of the Mental Health Act 1983.
6.0 Services for People with a Mental Illness or Learning Disability – Financial
6.1 Approving payments to service users at day centres.
6.2 After consultation with the Head of Resources – in relation to charges for mental health residential accommodation:-
(A). (i) seeking the recovery of charges from relatives of persons in residential accommodation;
(Amended 24/9/02; 1/3/05)
(ii) making charges for very short stay residents;
(ii) assessing a maximum charge to be recovered from persons accommodated in Council establishments on the basis of assessment of the average cost of board and lodgings in private households;
(iii) assessing a maximum charge to be recovered from persons accommodated in private or voluntary homes.
(B). approving variations in individual cases of assessment of capital resources.
6.3 Authorising arrangements for private and local authority properties to be leased to the Council for use as group homes for people with a mental illness or learning disability on terms to be approved by the Head of Resources.
6.4 Fixing charges to be made upon residents of group homes after consultation with the Head of Resources.
6.5 After consultation with the Head of Resources, reviewing at six-monthly intervals the maximum charge for homes for people with a mental illness or learning disability, the charge to be based on the salaries, wages and provision costs for the previous six months.
6.6 After consultation with the Head of Resources, reviewing, at appropriate intervals, meal and living allowances in homes for people with a mental illness or learning disability where social training and rehabilitation programmes exist.
6.7 The waiving or reducing of charges for respite care if circumstances demand.
7.0 Financial Charges for General Services
7.1 Approving, after consultation with the Head of Resources, variations or waiving of scale charges in exceptional circumstances relating to adaptations of homes of people with disabilities, care and convalescent holidays, home help service, and mental health residential accommodation.
7.2 By Managers of Social Services establishments – authorising the waiving of charges in exceptional circumstances in respect of relatives and friends visiting residents when such a charge would cause undue distress or hardship to a visitor.
7.3 Issuing permits under the Minibus Act 1977 to bodies whom the Council may make grants under Section 65 of the Health Services and Public Health Act 1968.
7.4 In relation to lettings to outside organisations:-
(i) waiving charges in special circumstances after consultation with the Head of Resources;
(ii) reviewing charges annually after consultation with the Head of Resources;
(iii) making letting regulations for the use of Social Services establishments after consultation with the Head of Resources.
(iv) regulating the use of Social Services establishments in emergency situations.
7.5 In relation to charges for services:-
(i) fixing charges for miscellaneous refreshments such as biscuits and ice creams supplied at day centres;
(ii) reviewing annually, after consultation with the Head of Resources, the charges for meals, day care in residential accommodation and supply of tea and coffee in day centres;
(iii) after consultation with the Head of Resources, reviewing charges, together with charges to no detriment cases, for the care services in line with inflation at the same time as the annual review for state benefits generally;
(iv) approving grants from the Day Care and Development Fund;
(v) authorising, after consultation with the Head of Resources, the revision of fees (other than statutory) and charges for services under the Registered Homes Act 1984;
(vi) authorising, in exceptional circumstances, the varying of the charge to organisations who use Social Services vehicles;
8.0 General Financial Matters
8.1 Guaranteeing rents and mortgage repayments and approving dilapidation payments to the Borough or other Councils under the Bournemouth Council’s scheme and providing assistance in cash and kind.
8.2 Guaranteeing rents to private landlords.
8.3 Authorising additional payments to home care assistants in exceptional circumstances.
8.4 Approving rent free garage accommodation at residential establishments for staff providing transport services for residents.
8.5 After consultation with the Head of Resources, varying the fees to voluntary escorts from time to time as appropriate.
8.6 Authorising individual applications for grant aid from voluntary organisations not exceeding £500 to any group in any financial year.
8.7 Authorising, after consultation with the Head of Resources, the regular revision of the financial limits for adaptations for people who have physical disabilities in line with inflation.
8.8 Authorising the waiving of the charge, having regard to the applicant’s ability to pay, in respect of access to personal files.
8.9 Approving expenditure from the Client Services Development Fund subject to the requirements of the Council’s Rules of Procedure and Financial Framework.
8.10 Authorising the approval of single provider care agreements in respect of the provision of care under the National Health and Community Care Act 1990.
8.11 By the Head of Business Unit approving compensatory payments not exceeding £1500 for any one incident in cases arising from (a) damage caused by a child looked after and all categories of persons boarded out by Social Services and (b) accidental damage to or loss of clothing or property of service users in Social Services establishments and incidents involving any service users in receipt of a service from the Council in their own home where the loss or damage cannot be met from a claim on the Council’s insurers.
8.12 By Local Managers specifically authorised by the Head of Business Unit- approving compensatory payments in the same circumstances as above but only up to a limit of £500 for any one incident.
8.13 Determining, after consultation with the Cabinet Member with the portfolio for Caring for People, all grant-aid applications received from outside organisations except that any particular application involving policy issues or regarded as sensitive in nature to be referred to the Cabinet.
9.0 Personnel
9.1 Allocating social staff to health centres or large group practices whenever this can be arranged with general medical practitioners and making arrangements for rooms to be leased to the Council on terms to be approved by the Head of Resources.
9.2 After consultation with the Chief Executive, approving secondment of senior Officers to Government Agencies as and when appropriate, provided there is no detrimental effect on the Council’s services and that no cost will fall upon the Authority.
9.3 Varying the staffing levels at Dorset Enterprises in line with the workshop’s trading activity in production and sales.
10.0 Building and Equipment
10.1 Renting premises for purposes delegated by the Cabinet for terms not exceeding seven years in consultation with the Head of Resources.
10.2 Ascertaining the need for and selection of furniture, fittings and equipment for all establishments.
10.3 After consultation with the Chief Executive, putting vacant accommodation associated with residential homes to alternative use as considered appropriate provided the alternative use is on a self-financing basis or is within budget provision.
10.4 Approving applications for bars in residential establishments subject to the necessary club registration certificate being obtained.
10.5 Authorising specific small improvement works at Social Services establishments after consultation with the Cabinet Member with the portfolio for Caring for People, if in the upper band of the limit advised by the Head of Resources.
10.6 With the Head of Resources and the Head of Planning and Transport, revising annually the limit for specific small improvement works in line with any changes in building costs.
11.0 Administrative Functions
11.1 Approving, after consultation with the Cabinet Member with the portfolio for Caring for People, the list of independent persons appointed to sit on the Complaints Review Board.
11.2 Setting the level of fees and expenses for independent persons appointed to act within the complaints procedures.
11.3 Authorising variation of allowances for home care assistants for use of scooters, mopeds and bicycles having regard to changes in other related rates in consultation with the Head of Resources.
11.4 Fixing charges to other authorities for accommodation in residential establishments in consultation with the Head of Resources.
11.5 Making variations in certain travelling allowances for home helps having regard to allowances agreed for the time being in consultation with the Head of Resources.
11.6 Adjusting the standard charge, where applicable, for residential and day care accommodation in consultation with the Head of Resources.
11.7 Remitting income in the following cases:-
(i) arrears of contributions in respect of children and young persons looked after;
(ii) charges to residents in homes, hostels and boarding establishments.
11.8 Terminating contracts for conveyance of service users to day centres.
11.9 Dealing with applications for the registration of charities for people with a disability under the provisions of the National Assistance Act 1948 and to approve exemptions from registration.
11.10 After consultation with the Chief Executive and the Cabinet Member with the portfolio for Caring for People whenever an incident occurs which leads to the death of a child who is in the care of or accommodated by the Council and child abuse is confirmed or suspected in respect of that child, to decide whether steps should be taken to convene a special meeting of the Cabinet forthwith or whether the case can be reported to the next ordinary meeting of the Cabinet.
11.11 After consultation with the Head of Resources/Law and Corporate Governance, creating legal charges under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983 in cases when a person provided with accommodation under Part 111 of the National Assistance Act 1948 fails to pay the assessed charge.
11.12 Seeking tenders for a continuation programme of a duration of 2 years for the installation of Parker Baths and negotiating contracts for small works projects with contractors who have entered into a competitive tender for a programme of two years duration on the basis of a limited Schedule of Rates in accordance with the Contract Rules of Procedure.
11.13 Making contractual arrangements for the provision of residential, day care and domiciliary and domestic services.
11.14 Terminating contracts for the provision of care services in consultation with the Head of Law and Corporate Governance.
11.15 Reviewing annually, after consultation with the Head of Resources, standard fees for residential and nursing home care.
11.16 Arrangements for Community Care and Childrens services within the framework of Council and Social Services policies.
APPENDIX I
1.0 FUNCTIONS WHICH MAY BE INCLUDED IN THE CERTIFICATES OF AUTHORITY TO ACT AS DETERMINED BY THE DIRECTOR OF CHILDREN’S SERVICES
1.1 To make visits for the purpose of the Council’s functions under the Foster Placement (Children) Regulations 1991 and any other regulations which may be made by the Secretary of State pursuant to the provisions of Part III of the Children Act 1989.
1.2 To make visits for the purpose of the Council’s functions under the Children (Private Arrangements for Fostering) Regulations 1991 and any other regulations which may be made by the Secretary of State pursuant to the provisions of Part IX of the Children Act 1989.
1.3 To visit children in accordance with the Council’s statutory obligations under Parts III, IV and V of the Children Act 1989.
1.4 To visit for the purpose of Section 62 of the Children Act 1989 children who are accommodated, other than in Community Homes, within the Borough of Bournemouth, by or on behalf of voluntary organisations and children looked after by the Council who are resident in any voluntary home in the area of any other local authority.
1.5 To attend before any Court for the purpose of making application for any Order under the Children Act 1989, the Adoption Act 1976 and any other legislation relating to the welfare of children, or otherwise for the purpose of giving evidence.
1.6 Generally for the purpose of Section 223 of the Local Government Act 1972, to institute, and in the case of the matters specified in (a) and (b) below to defend, on behalf of the Council, proceedings before any Court of Summary Jurisdiction and appear on their behalf before any such Court in any proceedings in connection with the following:-
(i) applications for and the enforcement and variation of contribution orders under Part III and Schedule 2 of the Children Act 1989;
(ii) matters arising under the Children and Young Persons Acts 1933 and 1969 (other than the prosecution of offences under Parts I and II of the Act of 1933).
(iii) offences contrary to the provisions of the Adoption Act 1976 and the Children Act 1989;
(iv) offences contrary to the provisions of the National Assistance Act 1948;
(v) the recovery of money due to the Council under the National Assistance Act 1948, the Health Services and Public Health Act 1968, the National Health Service Act 1977, the Health and Social Services and Social Security Adjudications Act 1983 and the National Health Service and Community Care Act 1990;
(vi) offences under Part IX of the Mental Health Act 1983.
1.7 To investigate, attend Court and render information on behalf of the Council under Section 9 of the Children and Young Persons Act 1969 and to provide a report to the Court where the Authority is so requested under Section 7 of the Children Act 1989.
1.8 To act on behalf of the Council in proceedings relating to the adoption of children.
1.9 To make representations or reports concerning children to any Court of competent jurisdiction under any statute or order relating to matrimonial or domestic proceedings and to intervene in such proceedings.
1.10 For the purpose of Section 76 of the Children Act 1989, to inspect any premises, as defined therein, and any children being looked after on the premises, the arrangements for their welfare and any records relating to them.
1.11 To carry out all individual case work functions, decisions and actions for the protection and furtherance of the welfare of children under the provisions of the Children and Young Persons Acts 1933 and 1969 and the Children Act 1989 including dealing with consultations under Section 36(8) of the 1989 Act.
2.0 FUNCTIONS WHICH MAY BE INCLUDED IN THE CERTIFICATES OF AUTHORITY TO ACT AS DETERMINED BY THE DIRECTOR OF ADULT SOCIAL SERVICES
2.1 To exercise and discharge all functions conferred by the Mental Health Act 1983 on an approved social worker.
2.2 To act in respect of entry to premises under Section 48(2) of the National Assistance Act 1948 for the purpose of taking reasonable steps to prevent or mitigate loss or damage to property.
| 
