Consultation on proposals for a Section 75 National Health Service Act 2006 Agreement

This consultation sets out a proposal for South Tyneside Council (the Council) and NHS South Tyneside Clinical Commissioning Group (the CCG) to change the way that they work together in relation to Placements for 0-25 years in Department of Education registered, non-maintained and independent special schools and colleges for day and residential placements.

The change proposed would involve South Tyneside Council (the Council) and NHS South Tyneside Clinical Commissioning Group (the CCG) entering into an Agreement under Section 75 of the National Health Service Act 2006. The agreement would be between the Council and the CCG. The practical impact of this agreement would be to formalise the existing arrangements.  The Council would exercise the CCG’s functions in relation to service users accessing these Placements.  It would, however, do so on a delegated basis, which means that the CCG would still be ultimately responsible in law for the proper discharge of those NHS functions.

The purpose of the consultation is to:-

  • seek feedback about whether the Council has considered all the relevant issues and whether there are any additional issues that need to be considered; and
  • understand the impact that any such Section 75 Agreement may have upon Providers of placements within the market or any Child/Young Person  accessing placements as a service user or a parent/carer for a Child/Young Person.

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