CONSTITUTION SOUTHAMPTON CHILDREN & YOUNG PEOPLE S TRUST PARTNERSHIP

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1 CONSTITUTION SOUTHAMPTON CHILDREN & YOUNG PEOPLE S TRUST PARTNERSHIP 1. AIMS To unify and co-ordinate services for children, young people and families in line with the Children Act 2004 To oversee the local implementation of the main proposals of Every Child Matters and the National Service Framework for Children, Young People and Maternity Services (2004) To ensure robust local arrangements for the safeguarding of children and young people and for the protection of vulnerable children, young people and families. To promote the well being of all children, young people and families, and ensure the provision of high quality universal, preventative and specialist services To align with other strategic developments, in particular those developed through and emanating from Southampton s overarching Local Strategic Partnership To prepare, publish, monitor progress against and annually review progress toward the delivery of a Children and Young People s Plan covering services to local children, young people and their families in Southampton. 2. OBJECTIVES 2.1 The core objectives of the Children and Young People s Trust Partnership (CYPTP) are set out in Section 10 of the Children Act 2004 as follows:- To promote co-operation between (a) the authority; (b) each of the authority s relevant partners; and (c) such other persons or bodies of any nature who exercise functions or are engaged in activities in relation to children in the authority s area. 1

2 To improve the well-being of children in the authority s area so far as relating to (a) physical and mental health and emotional well-being; (b) protection from harm and neglect; (c) education, training and recreation; (d) the contribution made by them to society; (e) social and economic well-being. To have regard to the importance of parents and other persons caring for children in improving the well being of children. To promote effective co-operation with Partner agencies in the delivery of children s services. To promote consultation and participation activities with children, young people, carers and parents to ensure that their views are influential in shaping service delivery. 3. SCOPE OF INTEREST 3.1 The scope of the Children and Young People s Trust Partnership will ensure that work to commission, provide and oversee implementation is co-ordinated effectively to deliver the following: - Integrated frontline delivery of child centred services reflecting the City s commitment to equalities and to priority neighbourhoods. Integrated strategic planning and processes Integrated strategy (joint commissioning and planning) Inter-agency governance Appointment of five Steering Groups with clear terms of references and reporting structures to achieve improved outcomes of Every Child Matters, as set out in the local Children and Young People s Plan. To achieve this it is intended that all partners will enter into a Partnership Agreement which in the first instance will represent a memorandum of understanding. In due course as the Partnership matures it is envisaged that the Agreement will develop into a more binding and detailed arrangement with pooled budgets, shared and integrated service delivery but which is cognisant of legal duties that each Partner may have. 3.2 In order to fulfil the wide context of delivering 3.1 above, the CYPTP will:- 2

3 Promote co-operation between partners to improve the well being of all children, young people and families locally as defined by the five outcomes of the Every Child Matters Change for Children Programme; Lead arrangements for the local delivery of the five outcomes of Every Child Matters through implementation of a single Plan for Children and Young People; namely Being healthy Staying safe Enjoying and achieving Making a positive contribution Achieving economic well-being Ensure that service delivery is determined by comprehensive needs assessment, joint commissioning and review of effectiveness involving the statutory, voluntary and independent sectors. Establish the sum total of local resources (revenue and capital) dedicated to the achievement of the Every Child Matters outcomes for children, young people and families and ensure that these are used effectively to improve outcomes and there are appropriate reporting mechanisms to monitor resource use against agreed commissioning priorities. Oversee the development and implementation of a fully integrated and comprehensive process for sharing information about individuals and the assessment of their needs so that they are met quickly and effectively. Support the establishment of integrated multidisciplinary and multi-agency teams of frontline professional, co-located to enable coherent delivery of services locally Oversee the development, implementation and review of a Southampton Workforce Strategy which ensures cohesive arrangements for multidisciplinary, multi-agency and service specific training and continuing professional development that equips staff with the skills and qualifications they need to deliver high quality integrated services. To be responsible for the strategic planning, design and review of services to ensure that an appropriate balance is maintained between local universal, preventative and targeted services To ensure that the planning, design and review of services is informed by the views of service users and partners and enable their consultation and participation in these functions as appropriate. 3

4 4 RELATIONSHIP OF THE CYPTP WITH KEY PARTNERSHIPS 4.1 The CYPTP will operate independently but in close collaboration with key Partnerships throughout the City consulting with and encouraging consultation when necessary. 5 ACCOUNTABILITY AND BUSINESS PLANNING 5.1 The CYPTP will act as an Independent Body. The Children Act 2004 requires the establishment of Children Trust arrangements. When reports and actions are required that need to be considered by the City Council they will be formally considered by the Executive (Cabinet) and similarly by the Governing Boards of other Partners/Agencies. 5.2 The CYPTP is accountable for its work to the City Council s Executive Member for Children s Services and Learning and the Executive Director for Children s Services and Learning. 5.3 The priorities and work plan of the CYPTP will be set out in the statutory Children and Young People s Plan and will be agreed and endorsed at Chief Executive level within each of the Relevant Partners agencies at the start of each financial year and reviewed following the publication of the annual Children and Young People s Plan review. The Plan will also be reported to the City Council s Cabinet and made available to the City Council s Children s Services and Learning Standing Scrutiny Panel accordingly. 5.4 All Steering Groups will have an annual work plan, consistent with the priorities of the statutory and overarching Children and Young People s Plan for the City of Southampton. 6 LEGAL FRAMEWORK 6.1 The CYPTP is established pursuant to the Children Act 2004 but does not constitute a separate body with a legal entity. 6.2 To facilitate the effective operation of the Trust Partnership in accordance with its aims, the Trust Partnership will respond as necessary to any further government guidance impacting upon the areas of responsibility of functions of the Trust Partnership. 7 THE ACTIVITIES OF THE TRUST PARTNERSHIP 7.1 In pursuit of its aims the Trust Partnership will:- adopt the financial year April 1st March 31st; Hold its meetings at least six times per year; Require a quorum of at least one third of the voting membership in order to have a fully constituted meeting; Establish, administer and maintain a pooled fund or aligned budgets as appropriate. 4

5 Always seek to operate on a consensus basis. If it is not possible to reach a consensus, members will be required to undertake a formal vote on a simple majority basis, which will be recorded. Each agency s partners or representatives in attendance will have a single vote. In the event of a tied vote the Chair will have the casting vote; Review and recommend to the City Council s Cabinet any amendments to its Constitution on an annual basis at the first meeting of each financial year following a formal consultation process with the statutory agencies; Review and adopt the Terms of Reference for the Steering Groups on an annual basis at the first meeting of each financial year following a formal consultation process with the Steering Groups; Keep a written record of all Trust Partnership meetings and meetings of its Steering Groups and publish these on the City Council s website once formally agreed; Any member of the Trust Partnership may submit items to be included on the agenda of a main meeting of the Trust Partnership supported by a written statement/report to the Chair at least 10 working days before the meeting. Agenda and reports will be circulated generally at least 5 working days prior to the meeting; Create the following Steering Groups with responsibility for the areas listed. All Groups will have regard to the Physical, Emotional, Educational and Spiritual Wellbeing of Children and Young People. The Groups will also operate in a way as to promote cross cutting issues that are relevant to more than one, or all groups:- Staying Safe Sub Committee Anti-Bullying Behaviour Support Corporate Parenting Domestic Violence Safeguarding Children Tackling Hate Crime and Harrassment 5

6 Be Healthy Sub Committee Child and Adolescent Mental Health Forum Substance Misuse Health and Well Being Children with Disabilities Prevention and Health Education Parenting and Family Support Maternity Teenage Pregnancy Enjoy and Achieve Sub Committee Early Years and Childcare Attainment Attendance School Improvement 5-13 Progression Play School Organisation Extended Schools Sport The Arts and Creativity Family Learning Make a Positive Contribution Sub Committee Volunteering Citizenship Youth Support Crime Prevention and Detection Youth Justice Leisure and Culture Anti-Social Behavior Reduction Community Safety Economic and Well Being Sub Committee Adult Learning Skills and Employability Information, Advice and Guidance Neighbourhood Renewal Transport Business, Enterprise and Innovation Further and Higher Education Progression 6

7 The Steering Groups will carry out the day to day operational functions of the Trust Partnership and be chaired by the nominated lead officer who will be appointed by the Children and Young People s Trust Partnership. These are to:- a. Develop policies and procedures for promoting the welfare of children, young people and families in the area of the Authority b. In conjunction with the LSCB communicate to persons and bodies in the area of the Authority the need to promote and safeguard the welfare of children, young people and families raising their awareness of how this can best be done, and encouraging them to do so c. Monitor and evaluate the effectiveness of what is done by the Local Authority and Trust Partnership Members individually and collectively to promote the welfare and safeguarding of children, young people and families and advise them on ways to improve d. Participate in the local needs assessment and commissioning of children s services to ensure that they take promoting the welfare of children into account The CYPTP will receive minutes from steering groups at the first full Trust Partnership meeting following the meeting to which they relate. The Steering Groups will have delegated powers to:- a. Commission work related to any section of the Children and Young People s Plan; b. commission consultation as appropriate; c. Commission local needs analyses as requested d. take a decision in reference to a specific item on behalf of the Trust Partnership where authority to do so has been properly delegated by the Trust Partnership; e. prepare a response to consultation matters on behalf of the Trust Partnership; f. investigate particular issues; g. publish material on behalf of the Trust Partnership; and h. discharge any functions delegated to it from the Trust Partnership. 8 FREEDOM OF INFORMATION 8.1 Where a request has been made for the disclosure of information covered by a qualified exemption under the Freedom of Information Act 2000 (or other relevant information), the Chair of the Trust Partnership will apply the public interest test. Where the Chair decides that the balance of interest is in favour of the disclosure of the information requested, the Chair will arrange for 7

8 disclosure. Where the Chair decides that the balance of favour of the nondisclosure of the information requested, the information requested will be withheld and the Chair will arrange for the reasons for the decision to be communicated in writing. Such decisions will only be made after taking any appropriate legal advice. 9 MEMBERSHIP 9.1 The following will have membership of the Trust Partnership including Relevant Partners as defined in Section 10 of the Children Act 2004:- Southampton City Council s Children s Services and Learning Directorate Hampshire Constabulary (Chief Officer for Police area) The Police Authority Police Service National Probation Service Hampshire Branch Southampton City Primary Care Trust (PCT) Youth Offending Team (YOT) Strategic Health Authority (SHA) Connexions Learning Skills Council for England Southampton Community Services (Foundation) Trust(s) Local Safeguarding Children Board Safe City Partnership Southampton Council of Faiths Further Education Southampton Children s Alliance Chairs of Schools Conferences Chamber of Commerce School Governors Forum Church of England Diocesan Representative Roman Catholic Diocesan Representative 9.2 Trust Partnership Members should designate a particular named person as the member of the Trust Partnership to ensure consistency and continuity. 9.3 Members will need to be people with a strategic role in relation to promoting the welfare of children, young people and families within their organisations. They should be able to: - Speak for their organisations with authority; Commit their organisations on policy and practice matters; Hold their organisations to account. 9.4 Members are required to nominate a suitable alternative representative who can act with full authority in the event of them being unable to attend a meeting. 8

9 9.5 The Trust Partnership will receive support and advice from the following professional perspectives through Advising Officers: - Education Health Social Care Legal Governance Procurement Finance Voluntary Sector 9.6 At the discretion of the Chair of the Trust Partnership, advising officers can attend Trust Partnership meetings. Advising officers provide information and professional expertise but are not members of the Trust Partnership and cannot vote. 9.7 At the discretion of the Chair of the Trust Partnership, observers can attend Trust Partnership meetings. Observers are interested individuals who have been invited to attend Trust Partnership meetings. At the discretion of the Chair of the Trust Partnership observers can address the meeting but they are not members of the Trust Partnership and cannot vote. 10 CODE OF PRACTICE 10.1 Members of the Trust Partnership will operate in accordance with an agreed definition of their role. 11 CHAIRING 11.1 The Executive Member for Children s Services and Learning will chair meetings of the Trust Partnership and will be supported by the Director of Children s Services and Learning. 12 SERVICING THE TRUST 12.1 The specific responsibilities of the Chair and Members of the Trust Partnership will be detailed in agreed role definitions The specific responsibilities of Democratic Support and Member s Services of the City Council will be to:- convene meetings of the Trust Partnership; arrange accommodation for meetings; co-ordinate and act as secretariat to meetings; copy, circulate and dispatch appropriate papers; and provide appropriate guidance on the operation of local government and other relevant procedures. 9

10 12.3 In due course as the Partnership matures it is acknowledged that there will be a need for dedicated management support to the Partnership in the form of a Business Manager. The specific responsibilities of the Trust Partnership Business Manager will be to: - provide advice to the Trust Partnership and steering Groups on professional issues; attend all of the steering groups of the Trust Partnership assist in the production of the CYPP; attend strategic groups as appropriate; advise and update Trust Partnership Members on any new government guidance or policy documents; 13 DISPUTES AND COMPLAINTS 13.1 The Trust Partnership is intended to be a collaborative, co-operative body and will ensure that no particular sector or member is unduly favored. Problems and issues should normally be debated and resolved at Trust Partnership meetings. However, if parties feel that these have not been resolved, the following process should be followed and minutes taken Stage 1: The parties who are in dispute meet with the Chair of the Trust Partnership and the Director of Children s Services and Learning who will assist in finding or recommending a solution Stage 2: A special meeting of the Trust Partnership is convened, with papers prepared by the parties representing different views. The Chair and the Director of Children s Services and Learning also prepare a paper offering possible options for resolution. If the problem is not resolved, the dispute is referred to Stage Stage 3: If the issue is not resolved then guidance or clarification will be sought from the relevant Government Department Complaints will be directed to the City Council s Complaints Procedure in the first instance but may be passed on to the complaints mechanism for the Relevant Partners. 14 NON COMPLIANCE OF ACTIVITIES 10

11 The remit of the CYPTP will be set out in The Children and Young People s Plan. By the start of each financial year all member agencies will sign an agreement stating their commitment to fulfill their obligation to safeguard and promote the education, care and well being of children, young people and families. This will include a commitment to fulfilling their role within the Trust Partnership. Issues of non-compliance will, in the first instance, be referred to the Chair of the Trust Partnership who will investigate and attempt to reach satisfactory resolution through discussion with the representative of the agency concerned. In the event of satisfactory resolution not being reached, the matter will be referred back to the Chief Officer within the agency and to the relevant inspectorate 15 MONITORING AND INSPECTION The effectiveness of the CYPTP will be assessed through an annual report to the Council s Executive and as required by relevant inspection and review arrangements applicable at any given time. OVERVIEW AND SCRUTINY The CYPTP and its members will co-operate with any reasonable request by the Council in respect of its overview and scrutiny functions under Section 21 Local Government Act 2000 or subsequent legislation, including but not limited to the provision of an annual review against targets set. Any requests for information or attendance of Trust Partnership Members at the relevant overview and scrutiny committee will be made as soon as possible and generally at least 10 days before the meeting. 11