Select Committee on Health Minutes of Evidence


Examination of witnesses (Questions 680 - 699)

WEDNESDAY 6 MAY 1998

RT HON FRANK DOBSON MP, MR PAUL BOATENG MP SIR HERBERT LAMING, MR ALAN LANGLANDS AND DR SHEILA ADAM

  680. I was not suggesting that somehow they should turn their backs, but we should actually transfer those resources from the local authority into the primary care group and, as we talked about in the Bournemouth example which the Chairman was talking about, here you had social services in a practice saying, "This is what the patient needs, so why is it necessary for that to be the resources of the local authority? Why should it not be the resources of the National Health Service?"
  (Mr Boateng) Well, I think I would respond to that specific question within the overall response I make on the issue of the Social Care White Paper because what we seek to do is have a holistic approach to the work of the Department, so it is important, I think, to recognise, and the White Paper on Social Care will make this absolutely clear, that you have three legs to the stool in that you have got the NHS White Paper, the Public Health Green Paper, and the White Paper on Social Care, all meshing in with each other, an integrated, holistic approach. So you are not having conflicting social and medical models, you are having a health model. All the evidence is that a health model is indeed a holistic one, and therefore we anticipate the White Paper will set out a vision for the next century about social care and the role of those who deliver social care as a service, and that role will be seen in many areas as being complementary to the role of the health and clinical worker. Let me give you a practical example to link in to your question about the work of the primary care groups as they develop into trusts—rehabilitation and recuperation. If ever there was an area which called for an integrated approach between health and social care, that is it. The clinical evidence shows, in relation to strokes and elderly people, that they do in fact recover better in a domestic, homely setting than on a ward. If that is the case, we want to see health and social care workers working in tandem around the needs of that patient. Mrs Wise correctly, with respect, in my view puts the emphasis on the patient, and what the patient needs there is a focused approached from both sets of professionals and workers. One expects the White Paper to provide a new focus for adult social work and social work with the disabled around rehabilitation and recuperation. When you look at how the primary care group would operate in that setting, that is an ideal area for the health improvement programme which will be developed with the input from social services and from users to set that out as a local priority. It may well be, without anticipating questions from the Committee, that this is an area that will be serviced by a pooled budget, in which the current rigid demarkation lines and the difficulties that local authorities have in, say, spending what is determined as health money and vice-versa will be overcome. But it would not be helpful if you are dealing with rehabilitation and recuperation to look to some new entity to deliver that, because if you were to do that you would have a new boundary in relation to, say, housing. The work you are going to need to do there, where the local authority works with the GP and that whole team, can take the issue forward together with the local authority in its corporate role. So I would expect the NHS White Paper, the Green Paper and the White Paper on Social Care, to make that clear, not least, and in conclusion, in the area of how you train workers in this area. You know we have a national training organisation developing for health, a national training organisation for social care, the Secretary of State has made it clear that he will expect the heads of both those national training organisations to report to him once a year jointly as to how the work of those two training organisations is in fact developing, because you need to train a workforce to deliver the domiciliary care in a complementary way. The White Paper will be spelling out the relationship between the NTO and the general social care council, so it is addressing it at all those levels.

Chairman

  681. Can I pick up a point about the previous debate which went on over a number of years with regard to the possible transfer of health into local government? I recall that the Labour Party produced a policy document called Health 2000 which included that as one of a number of possible options. It certainly was the policy of the AMA until relatively recent times and when we had the Local Government Association witnesses last week I specifically asked them why their organisation had apparently changed its position, were there merits in alternative arguments, and the answer I got in terms of the previous model was they dropped it "because one of your ministers now, when he was shadow, told us to forget it". Why? Bearing in mind that no one is able to define the boundaries and, with respect, Secretary of State I do not think you have and I think you are accepting you have not today—
  (Mr Dobson) I do not think there is one, that is why.

  682. You say there is not a boundary, so how come we have separate organisational structures? The Parliamentary Under-Secretary mentioned separate training bodies between health and social care. The feature I get certainly, as one member of the Committee, is that these boundaries are no longer there and we are accepting out-dated models, that we are training people as social carers or health workers and they are actually going broadly in many respects the same job, and no one can define where that boundary is. So are we not in a sense in danger of coming up with a botched-up job rather than radically looking at what is a serious problem which is not going to go away?
  (Mr Dobson) I think I am probably the person who told them to forget it, so I will not mince words about it! My own view is that the chances of the Labour Party subscribing to the view that the National Health Service should be taken over by local authorities is very small.

  683. Can you tell us why, from your point of view?
  (Mr Dobson) Because, for a start, the Health Service is sick to death of being reorganised and reorganised and reorganised, quite frankly. In those circumstances what we have to do at the moment is to address the problems which we see and the shortcomings we see in the present organisation of the Health Service, and make the minimal changes necessary to bring about the improvements we are seeking. To go wider than that and start talking about a whole new way of running the Health Service would, I think, just throw all the balls up in the air and in the meantime the 12 million people who are referred to out-patients might not be the first priority in the minds of people who think, "Oh my God, I am going to have to reapply for my own job yet again for the fourteenth time in 20 years." That is one of the reasons why at least for the time being—and the time being may be fairly lengthy—they ought to forget it. The context of that discussion which I had with people at the AMA was that I was very keen for them to take a bigger role in promoting public health than they appeared to be interested in. When we produced the Labour Party's policy document on local government it was I who wrote out the whole lot, but the important phrase in relation to what we are talking about now was to place a basic duty on all local authorities to promote the economic, social and environmental well-being of their area. That seemed to me to place a duty on them to address the things which systematically make people ill, and also there would be a duty to co-operate with the Health Service and any other agencies to promote the health of people in the area. The trouble with all this talk about boundaries—and there is rightly concern about the boundaries, I am concerned about the boundaries between social services, social care and the National Health Service, and I want to break them down in practice whatever the theoretical arrangements are—wherever we look there are boundary problems. You could argue that there are quite a few boundary problems within the National Health Service between certain professions actually dealing with the patient. So I do not think a major structural change would necessarily address the problem. I simply do not think there is a readily definable boundary in the end between social care and the social care end of medical care, of health care, just as there is nobody in the end who can, other than by statute, define where doctoring starts and nursing ends.

  684. Whilst you reject the radical suggestion which has been put to us by at least one organisation, as you are probably well aware, whilst you reject the model of moving health to local government, would you not accept that a part-way arrangement would be some common budget-sharing which avoids this nonsensical dispute over, well, the community bathing thing is probably the best example we have got, but there are many, many others of where a discharge is held up for the lack of a ramp or something like this, and surely that is common sense and that overall it must save the Government money because money is wasted, as you have accepted, with the winter pressures initiative by people wrongly being in acute care who do not need it, so surely there is a huge amount of money to be saved? If one only looks at it from the point of view of the economics, it makes sense to have common budgets, and I know that John Gunnell wants to explore this in a moment or two, but is that not an area that you would look at favourably in the future?
  (Mr Dobson) Well, in effect the arrangements which we made for the winter provided, in practice, common budgets over a certain area and there was, as will be described in European institutions, a degree of co-determination of how the money was spent, quite rightly, and about a fifth of the money which was made available to health authorities was spent on social services and that was done. They had to put together schemes which involved the local council at a regional level, the NHS regions, and Sir Herbert's regional arrangements for the Social Services Inspectorate were also involved in identifying and sort of verifying the probable effectiveness of the schemes that were being put forward, so that was a short-term measure. It is our intention to introduce pooled budgets and I think that that will be a big step forward.

  685. But did I misunderstand you because the last time that you gave evidence when this issue was raised, you indicated that that would require primary legislation?
  (Mr Dobson) Yes.

  686. So it is your intention to bring forward primary legislation in terms of establishing pooling arrangements?
  (Mr Dobson) Yes.

  687. Will this be as a consequence of the White Paper?
  (Mr Dobson) Well, I do not know whether it will be in the White Paper or not, but Paul probably does. Will it?
  (Mr Boateng) It is our intention in the next few weeks to issue a consultation paper around issues of pooled working, pooled budgets and greater flexibility of working as between the NHS and social services, but we anticipated in the NHS White Paper that we will be bringing forward legislation on pooled budgets. That is, as the Secretary of State has indicated, our intention and this will also be reflected in the White Paper on Social Care, but the NHS White Paper anticipated pooled budgets and it is something that we are actively working on, but I think it is important, and I do not want to anticipate Mr Gunnell's contribution, to recognise that pooled budgets are a tool. They are not a magic wand, as I think many around this table know only too well and there has to be the will to work with them. What the Secretary of State has initiated in his response initially to the winter pressures and then carrying that forward is beginning to influence the culture and the mind-set that in the past has sometimes militated against successful joint relationships, but that is changing and pooled budgets will be there as a tool to help in that process.
  (Mr Dobson) Can I just say on the pooled budgets that they ought to make it easier for people who genuinely want to co-operate, but there are stupid people around who are virtually incapable of co-operating and the existence of pooled budgets will not make them co-operate.

  688. What you are saying to us is that the example that I gave to you earlier on of a practice within Bournemouth where there was a problem of spreading this excellent practice elsewhere because of the lack of pooled budgets could be overcome by what you are proposing to bring through in terms of legislation.
  (Mr Boateng) Except that, if I may say so, Mr Hinchliffe, I think many people, when confronted with good practice to be translated from one area to another, find every reason under the sun not in fact to adopt it and the lack of pooled budgets is sometimes prayed in aid. As the Secretary of State has indicated, where there is a desire at the moment to work together, in the main the absence of pooled budgets has not prevented them doing so. We have pooled budgets because they are areas, and I believe officials outlined some of those areas, where it would help enormously to have pooled budgets, but the lack of pooled budgets should not be an excuse at the moment for not transferring good practice. Pooled budgets will help take the agenda forward, but of themselves, as the Secretary of State has indicated, they are no magic wand.

  689. But you would accept in the example that I have given you that it is perfectly reasonable for the Director of Social Services to say, "I cannot afford to spread that elsewhere" because she is picking up the problems of the NHS? She is saving the NHS money, but it is coming out of her budget.
  (Mr Boateng) Well, if the pooled budget is an agreed vehicle between health and social services to pool and use more effectively the limited resources they have together, the answer to your question must be yes.

Mr Gunnell

  690. I have two questions. We met a second group in Dorset which was really organised by the Community NHS Trust there and they talked to us about a scheme which they have got which appeared to be the one example I found where there was a very good working relationship and that working relationship was based on a rather long experience of working with one another, but it did seem that the charging problem was largely overcome in that arrangement. I rather thought that it was overcome by the fact that where extra costs were required, the NHS Trust was actually meeting the costs. Now, they gave us some suggestions for improvements in joint working and one of those was that there should be incentives for pooled budgets and where this occurs, the requirement to charge clients for services provided should be removed. Would you be intending that?
  (Mr Dobson) I would need to think about it.

  691. I certainly think that we did meet there a group where charging was not an issue, I think, because in part the social services person who was part of the team could manage in many cases to deal with the charges, but where that could not be managed, then the joint working and the way in which they were working was so important to them that it was obvious that the Community NHS Trust made up the charges. I hope you will think about that because I think it is quite interesting.
  (Mr Dobson) At the risk of being too honest for my own good, I think it is probably right to say that there may be problems over pooled budgets if the pooled budget is going to be at the total discretion of the local authority as a whole to spend it on things not to do with social services and things related to health, and I am sure that the Local Government Association will not like me saying this, but it seems unlikely to me that either I or any future Secretary of State would be very keen on putting money into a pooled budget that could then be dispersed for purposes other than things related to the relationship between the local authority and health and that would mean it would either come down the National Health Service chain or if it went down the local authority chain, there would be specific grants.

Chairman

  692. And ring-fenced presumably.
  (Mr Dobson) And ring-fenced.

Mr Gunnell

  693. Can I ask you on that whether the way in which you look at pooled budgets might mean that you might want to establish joint statutory committees so that both health and social services were actually involved in the decision-making on the spending of the pooled budgets?
  (Mr Dobson) Well, I do not know what the mechanism would be and Paul may have some more advanced thoughts on it than I do, but clearly there will have to be joint decision-making of some sort, but at what level and what the machinery might be, as I say, Paul is doing an enormous amount of work on the White Paper and may be more advanced in his thinking than I am.
  (Mr Boateng) This is an area very much where the NHS White Paper, the development of the primary care groups and the health improvement programmes and the work which is being done at the moment around the preparation of the Social Care White Paper, come closely together. The discussion paper I mentioned earlier will be actively seeking the views of the Local Government Association and others around this very issue because, as you know, the current joint planning and decision-making arrangements that exist between health and local authorities involving also the voluntary sector are stronger in some areas than in others, and deliver more in some areas than in others, and we want to make sure that we get it right. But that duty of partnership is there and in place anyway. So far as ring fencing is concerned, it is early days yet to talk in those terms but undoubtedly one of the ways in which one meets concerns that money should be applied in this area in ways which will benefit community care and the delivery of our priorities, is to look to the example we have sought to set in the community care special transitional grants conditions for this year, where as I say for the first time a secondary condition exists in relation to make sure funds are invested in services with the objective of improving joint procedures for needs assessment and the like. So there are ways of using conditional funding to drive this process.
  (Mr Dobson) In addition to the point Paul has just made, which I think shows that at every opportunity we are pressing those involved in the system to get together and to work together, when we were looking at how to reduce the winter pressures on hospitals, which is what the winter initiative was about really, we could have put some of the money into the Health Service and some of it we could have given to local councils from the Department of Health, but had we done that I could not have guaranteed it would be spent on the things we wanted. Putting it through the National Health Service meant the National Health Service locally could then come to a joint agreement which required the local council to do what we wanted with that money. Had I not been able to do that, I do not think I would have been able to convince the Chancellor of the Exchequer and the Prime Minister that the money was going to be properly spent.

Julia Drown

  694. Even where we have seen best practice in terms of using winter pressures money people have said there are still legal barriers to them carrying it forward, and I think there would be a huge welcome for the idea of pooled budgeting being developed. I wonder if you could give the Committee an idea of the timescale on the grounds there would be more ability for people to pool budgets and how that relates to the other work being done on charging for long-term care? There is clearly an issue here in that if new services are provided through a pooled budget, is it something which would be charged for or not? The other anxiety we have had raised about pooled budgets is that it could just lead to fewer services being provided free of charge.
  (Mr Dobson) If I may attempt to answer those in reverse order. We have established a Royal Commission on long-term care of the elderly but also looking at the same time at the long-term care of other people, and we will not come to any decisions on charging until we have got the outcome of their deliberations. They are expected to complete their deliberations by the end of this year, which would be a remarkable achievement if they bring it about; a Royal Commission which has done a substantial job of work and done it within a year. In the long-term, that is what we will be looking at, their proposals. I cannot tell you, therefore, what our timescale will be for the introduction of pooled budgets. At this moment I cannot tell you whether we would be putting it in the National Health Service Bill, which ought to be coming up next session, or whether it will be later than that. But I want to come back to the point that I am sure, even if we have got pooled budgets, some council's lawyers will manage to convince some councillors and some officers that even with the change in the law there are restrictions on what they ought to be doing because they do not want to do it. Coming back to my point, we are in favour of pooled budgets because it will make it easier for the people who want to do the job properly to do it properly, but it will not guarantee they do it properly. It will be a necessary but not sufficient contribution.

  695. So you are saying you have to wait for the results of the long-term commission before you would be prepared to legislate on pooled budgets?
  (Mr Dobson) Not necessarily, no.
  (Mr Boateng) The important thing to stress is that even in the absence of pooled budgets, there is a great deal practically which can be done now.

  696. Accepted.
  (Mr Boateng) We do not intend to put this issue on the back-burner pending primary legislation on pooled budgets, pending any findings of the Royal Commission on long-term care. We issued in October of last year, together with colleagues in the DETR, Making Partnerships Work, which is about practical advice and assistance for front-line managers and practitioners enabling them to work that much better together. So we will be going on driving that in terms of the way we seek to performance-manage the NHS and performance-manage social care.

Mr Austin

  697. One of the arguments put forward against a changed structure of a unified health and social service is that it merely creates a boundary elsewhere—on housing, leisure or education. I certainly see the role of pooled budgets, not as a pooling between social services and health but the local authority and health, and I was very pleased that the chair of the Royal Commission shares my view on the importance of continuing with adult education, which in many areas is a very important health promotion aspect particularly for elderly people. So when we are talking about pooled budgets, I hope we are talking about the totality of local authority provision in terms of leisure, education, housing as well as just the social services.
  (Mr Boateng) The response of this Government at every level—in relation to health action zones, where obviously we as a department have taken the lead, the youth offender teams, where the Home Office takes the lead but where we have an active input—indicates the emphasis we put on the corporate role of the local authority. So it is the chief executive who convenes the YOT, it is the chief executive who is envisaging having a particularly important role to play in terms of the NHS-local authority developing relationship as envisaged in the NHS White Paper. So it is the local authority as a corporate body exercising the role of corporate leadership.
  (Mr Dobson) That is why we are proposing that in future the chief executive of the local authority should attend the meetings of the appropriate health authority, so that there is a feed both ways between the local authority and the health authority, but that it is done at a council-wide level and not just the social services department. We did receive representations saying it ought to be the social services director but we felt it was quite fundamental that it had to be the chief executive and not someone from a particular department.

Audrey Wise

  698. I would like to explore a little further, Secretary of State, the problem that you have touched on about how Government money actually gets into the field. You mentioned specific grants or ring-fencing, to use the modern jargon. I remember when the change from specific grants to block grants was fiercely resisted by all Labour councillors throughout the country—and I can see you remember it too—on the grounds that this was simply a device by which governments could pass the buck. I have never ever adjusted to the hostility to specific grants, which I think have a lot of advantages for both sides. However, the way now in which money for health-related issues, as we agreed social services often are, and in any case under the policy direction of the Department of Health, the way the money comes is via another department. Now, do you see this as in any way a problem and do you feel that you can share with the Committee the mechanisms which exist for the Department of Health to influence, for instance, the setting of standard spending assessments in order to pursue the Department of Health's policy objective in the local government and joint health field?
  (Mr Dobson) Well, it is certainly the case that in the last settlement, we had a substantial hand in deciding what the standard spending assessment for social services should be for local authorities in the allocation round that is now under way. I can remember taking part in those discussions and I broadly approved, needless to say, of the outcome of those discussions because it is only right, I think, that people at government level have to look at not just the part of the budget for which they have some responsibility, as we do for social services, but also the relationship of that to other services, so I do not want to talk too much out of turn or out of turn at all, I suppose, but we were looking at things like whether we needed to put more money into the Fire Service, and it seems to me a legitimate consideration for the Secretary of State for Health to take part in that discussion and decide with colleagues that the Fire Service, even in terms of health, is very important and needed some more extra money than some other services did in the coming year. In fairness to local authorities, they have been spending well over, on average, not all of them, but, on average, they have been spending well over the standard spending assessment for social services for a long time now and most particularly in relation to children's services where in the last year they spent 23 per cent, or 22.9 per cent, to be precise, more than the standing spending assessment for children's services because they chose to do so.

  699. I can take your point about issues like the Fire Service and of course housing and education as well have a health bearing and certainly it is difficult to be healthy if you have been burnt to a cinder, so I can see the relationships there, but does not what you are saying expose the inadequacy of the concept of standard spending assessments? I remember my astonishment as a new or retreaded MP in the 1980s to find that this did not actually involve any assessment of needs or costs of providing the particular services. Do you think that in fact it should be possible to introduce more genuine assessment of requirements into the decisions which are made about the amount of money which goes into local government? I am sure that you do it that way far more with the direct funding of the Health Service and can you ever see a rational system of local government funding without some considerable change?
  (Mr Dobson) Well, I do not want to get into the higher theology of local government funding, partly because I do not understand it and partly because I should not, but there is always a problem if you try either in the allocation mechanism for the grant to local authorities or the allocation mechanism to the National Health Service to think that you can come up with some all-embracing formula which will cover, adequately and fairly cover, the circumstances prevailing in every part of the country and I think that that is just statistical folly de grandeur and so one of the reasons why I was saying I tend towards certain specific grants to local authorities and also why we are looking at the allocation mechanisms within the National Health Service is to ensure that they are going to the areas most, in that case, in health need. There is also of course the question as to whether the basic statistics from each area, from the Census and things like that, are themselves adequate or accurate.


 
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