Video Conference
Monday 29 January 2024 13:30 to 15:10
Anne-Marie Monaghan, Board Chair
Liz Humphreys, Vice Chair, Board Director
Mark Adderley, Board Director
Étienne d’Aboville, Board Director
Betty McAtear, Board Director
Alison Nicolson, Board Director
Stephanie Hayle, Board Director
Kirsty Aird, Board Director
Robert White, Director of Self-Directed Support
Peter Scott, Chief Executive Officer
Harvey Tilley, Chief Operating Officer
Jim Maguire, Finance Director
Paul Hayllor, Director of Digital and Information Services
Linda Scott, Director of Policy, Improvement and Engagement
Aileen McNiven, Head of Business Services
Anne-Marie Monaghan (Anne-Marie) welcomed everyone ahead of opening the 33rd ILF Scotland Board Meeting. A special welcome was offered to Alison Nicolson (Alison) and Stephanie Hayle (Steph) who joined their first meeting as new Board Directors.
Due to an unexpected emergency Kirsty Aird submitted apologies.
Anne-Marie noted that during Q3 the Board said a fond farewell to the ex-Chair of the Board Susan Douglas-Scott and ex-Chair of the Audit & Risk Committee Alan Dickson, thanking them for an exemplary period of service of 8 years.
The main focus of Q3 has been the extensive project work for the re-opening on the Independent Living Fund to new applications in 2024.
Applications to the TF increased at a rate of just over 40% year on year, though this has dropped from the expected 60% growth forecasted at the end Q2 as a consequence of policy changes implemented and as approved by the Minister.
The issues facing disabled people remain constant with the cost-of-living crisis, the hangover from COVID-19, the recruitment crisis and spiralling costs of procuring support – all significant to re-opening.
Following approval from the Sponsor Team and in line with SG Finance Pay Policy the staff will move to a 35 hour (pro-rated) working week from 01 April 2024.
The team won the UK Public Finance Awards 2023 for the Local Authority portal and were a finalist for Excellence in Risk Governance. This is a phenomenal achievement for a small organisation and is a testament to the excellent work carried out by the ILF Scotland team.
Anne-Marie spoke of the exceptionally busy quarter showing no sign of slowing down in Q4. The Chair also took this opportunity to thank to Board Directors for all their support to the team and also a big thank you to all staff in ILF Scotland.
Etienne d’Aboville (Etienne) declared a potential declaration of interest going forward in the re-opening of the new fund as he may be a potential future applicant to the fund. The declaration of potential conflict was noted but no action required at this time.
No further declarations received.
The Board approved the Board Minute of 17 October 2024 with the following amendment:
Agenda item 4a, para 2: changed to:
Etienne d’Aboville (Etienne) suggested assurances are sought ahead of the 2023 to 2024 statement. He suggested that during review visits checks are made and recipients are aware of the Modern Slavery Statement and follow the UK and Scottish Government guidance.
The Board approved the informal Board minute – ‘Re-opening’ of 13 November 2023 with the following amendment - change the name of the document from:
ILF Scotland - Minute of re-opening - Informal Update - Board Meeting 13 November 2023
to:
ILF Scotland – Additional Board Minute (re-opening) of 13 November 2023
Pre-submitted Questions and Comments – at Appendix A – pg. 9
Anne-Marie suggested future Board papers are available as both individual pdfs or as one pdf which includes all papers merged into a single document therefore supporting ease of reference during Board meetings.
Action 1: Aileen to provide Board papers as individuals pdfs and as a pdf pack.
Committee Appointments
Anne-Marie apprised the Board that formal letters were sent to Alison Nicolson and Kirsty Aird inviting them to join the Audit & Risk Committee. Both Alison and Kirsty hold appropriate professional qualifications, skills and experience to enable them to scrutinise and advise on sound fiscal governance.
Anne-Marie formally sought approval for the appointment to the Audit & Risk Committee of Alison Nicolson as Audit & Risk Committee Chair.
Proposed: Liz Humphreys
Seconded: Mark Adderley
Anne-Marie formally sought approval for the appointment to the Audit & Risk Committee of Kirsty Aird.
Proposed: Liz Humphreys
Seconded: Etienne d’Aboville
Stephanie Hayle (Steph) accepted her invitation to advise and support the Equalities Committee. Steph will replace Mark Adderley (Mark).
Anne-Marie thanked Mark Adderley who has expertly advised the Equalities Committee over the past year.
The Board approved the new committee appointments. It was noted Alison and Kirsty took up their role before this was formally recorded due to the dates on which the ARC meeting fell prior to the Board meeting.
Anne-Marie introduced the agenda item, inviting Peter Scott (Peter) and Paul Hayllor (Paul) to speak to the paper and wider re-opening project work.
The following key highlights were discussed in detail:
Peter directed the Board Directors to the recently shared co-production working group papers outlining the detail within. E.g.
The Board discussed the above in detail. Peter apprised the Board that the next co-production working group meeting will take place on Monday 5 February with the Co-Production Working Group recommendations report to the Minister being prepared soon thereafter.
The Board collectively identified that they have a critical role in the re-opening project. The Board wish to have more of an overview of the re-opening plans and co-production work as part of due process in relation to governance. The information should include details of the milestones, targets, risks etc. The Board will scrutinise the detail robustly ensuring strategic direction is aligned with the current strategy and priorities. Discussion ensued about the need for recommendations that come from co-production to be presented to the Board to ensure endorsement prior to the final recommendations paper being submitted to the Minister.
Action 2: Anne-Marie, Liz Humphreys (Liz) and Alison to meet with Peter and other Directors to discuss the next steps prior to an additional Board meeting focussing on Governance as a whole.
Action 3: Organise another additional Board meeting to discuss and scrutinise the re-opening work to date and planned for the future.
Action 4: Recommendations from co-production in relation to the re-opened fund to be presented to the Board prior to going to civil servants / the minister.
In-person engagement events have successfully taken place in Edinburgh and Aberdeen with Stirling (30 January 2024) and Glasgow (19 February 2024) yet to take place.
2 online events have taken place with at least one other planned.
Linda Scott (Linda) updated on the events reporting that similar themes were voiced and discussed at all the events e.g. threshold sums, entry criteria including age ranges, application protocols, maximum awards.
The timescale to deliver the re-opening by April 2024 is, as previously voiced, very tight with timely technical solutions and Ministerial turnaround critical.
Anne-Marie acknowledged and thanked the leadership and staff teams for the extreme focussed hard work and skill which is being evidenced across all Directorates ensuring the re-opening is on target with business-as-usual work continuing unaffected.
The Board noted the Re-Opening Fund 2024 to 2025 Update.
Anne-Marie invited Alison Nicolson (Alison) to update on the Audit & Risk Committee (ARC) meeting of 22 January 2024 highlighting the key areas of discussion:
Thanks were conveyed to Caroline Rigby, Business Administrator for the quick turnaround of the draft Audit & Risk Minute of 22 January 2024.
Alison informed the Board that the right level of scrutiny was applied during the ARC meeting offering assurance to the Board.
The Board noted the verbal Audit & Risk Committee meeting update and the assurance given by the Audit and Risk Committee Chair.
Jim Maguire (Jim) was invited to speak to the 2024 to 2025 Budget & Key assumptions papers.
Following full and detailed scrutiny during the recent Audit & Risk Committee (ARC) Alison Nicolson (Alison) gave assurance to the Board with a ‘recommendation to approve’ the Budget for ILF Scotland 2024 to 2025.
The Board understood and approved the Draft Budget for 2024 to 2025 subject to receiving the GiA letter from the Scottish Government in due course which was consistent with the recommendation from the chair of the Audit and Risk Committee.
Jim Maguire (Jim) spoke to the recently scrutinised Management Accounts and Finance Commentary (Audit & Risk Committee (ARC)) advising on the key points covering the award funds and administration management accounts to the Q3 end position (December 2023).
The Board acknowledged the additional funding to be used from reserves during 2023 to 2024 to fund the Transition Fund. This is due to the ongoing year on year increase in applications.
The Board noted the Management Accounts and finance commentary to December 2023.
Jim spoke briefly to the paper asking the Board to note the inclusion of the following key areas:
The Board noted the Sponsor team have been appraised of the Medium-Term Financial Plan and of the needs and aspirations included therein.
Board Directors discussed the disappointing return of ILF Scotland unused Grant-In-Aid to the Scottish Government which could have been used effectively to support independent living for disabled people. Jim apprised the Board that there is a risk that Scottish Government may ask for more than the £2.7m Grant in Aid (2023 to 2024) which has provisionally been agreed to be returned.
Action 5: Add – ‘Return of Unused Grant-In-Aid ‘to the agenda of the next meeting between ILF Scotland Chair and Maree Todd, Minister for Social Care, Mental Wellbeing and Sport.
The Board noted the Medium-Term Financial Plan.
The Board noted the Risk Register Summary.
The Board noted the Risk & Resilience Update.
The Board noted the Information Governance Dashboard.
The Board noted the Efficiency Report, acknowledging the detailed efficiencies over the last quarter.
Harvey Tilley (Harvey) spoke briefly to the paper, directing the Board to the full detailed report and business plan for Q3 2023 to 2024 highlighting the following key areas:
The Board commended the staff team on the recent awards acknowledging the skill and additional hard work which goes into receiving such prestigious accolades.
The Board noted the Q3 Corporate Report.
Anne-Marie updated the meeting outlining the National Care Service Bill which is at Stage 1 (draft).
The Bill allows Scottish Ministers to transfer social care responsibility from local authorities to a new, national service. This could include adult and children’s services as well as areas such as justice social work. No decision has been made on this. Scottish Ministers will also be able to transfer healthcare functions from the NHS to the National Care Service.
Work to develop the National Social Work Agency and Social work Centre for excellence continues and we will need to keep abreast of this development and be aware of any implications for social workers employed by ILF Scotland.
Anne-Marie spoke of the necessity to ensure Board Directors and the Executive team keep informed and share knowledge about National Care Service developments. This would help ILF Scotland to ensure it is in a positive strategic position to have a role in the NCS to act and support disabled people to live independently in the future.
Action 6: The National Care Service to be added as a standing agenda item for the Board Meeting until further notice.
Linda introduced the paper providing a brief explanation of all MiCase and PQs including the backgrounds of the cases.
The Board acknowledged the distressing facts surrounding one of the cases, however, were reassured ILF Scotland acted appropriately.
The Board Directors noted the MiCase & PQs.
Aileen McNiven (Aileen) spoke to the paper briefly updating on the H&S report.
The Board were assured by and noted the Health & Safety Report.
Anne-Marie spoke to the paper apprising Board Directors of the updated Succession Plan. The skills matrix is employed to identify potential skills gaps ensuring the current or future Board Directors collectively have the necessary skills to govern ILF Scotland appropriately.
Anne-Marie explained she would work with Board Directors through their 1-2-1s exploring current skills and any further development – particularly in the area of risk management and digital change.
The Board noted the Succession Plan 2023 to 2025 update.
As a personal responsibility, Board Directors were reminded to update any additions and changes. The Declarations of Interest register is published on the ILF Scotland website.
The Board noted the 2024 Declaration of Interest submissions.
Steph spoke of the new staff going through induction enquiring if there is more work to do to ensure we attract a diverse workforce.
ILF Scotland will continue to ensure that, through our recruitment strategy, we will endeavour to target and reach a diverse range of applicants across all protected characteristics. It is important that our workforce is diverse ensuring different cultures and voices are represented.
Close of Meeting: 15:10
Carried Forward Action from Board Meeting - 27 June 2023: Peter / Robert to create and circulate a committee map for staff who attend National Care Service / SDS / Social Work meetings.
Action by: Peter / Robert
Timescale: January 2024
Action: Agreed to be carried forward – January 2024
Action 1: Aileen to provide Board papers as individuals pdfs and as a pdf pack.
Action by: Aileen
Timescale: April 2024
Action: Complete
Action 2: Anne-Marie, Liz Humphreys (Liz) and Alison to meet with Peter and other Directors to discuss the next step prior to an additional Board meeting.
Action by: Peter
Timescale: February 2024
Action: Complete
Action 3: Organise another additional Board meeting to discuss and scrutinise the re-opening work to date and planned for the future.
Action by: Peter and Aileen
Timescale: February 2024
Action: Complete
Action 4: Recommendations from co-production in relation to the re-opened fund to be presented to the Board prior to going to civil servants / the minister.
Action by: Executive Team
Timescale: March 2024
Action: Complete
Action 5: Add – ‘Return of Unused Grant-In-Aid’ to the agenda of the next meeting between ILF Scotland Chair and Maree Todd, Minister for Social Care, Mental Wellbeing and Sport.
Action by: Anne-Marie and Peter
Timescale: March 2024
Action: Confirmed – 14 March 2024
Action 6: The National Care Service to be added as a standing agenda item until further notice.
Action by: Aileen
Timescale: April 2024 and ongoing
Action: Complete
Questions and Comments:
Mark Adderley: Thanks for adding the comments from last meeting.
Questions and Comments:
Alison Nicolson: Thank you for this update. The timeline evidences the fast pace at which this project is moving, a thank you to all the project team and those backfilling roles. As discussed at ARC a request for direct from public application process to be available as a fast follower to the launch. I like the project monthly update for Board, would it be possible also to include whether project is moving in line with planned timing in Project Board update and where not if there are any compromises, we should be aware of.
Answer: Paul Hayllor: The project is on track but is opening with a professional referral from local authority social works teams due to the significant differences in offering up a digital public service, including assurance and time / cost constraints through lack of capital funding. We are aiming to address this through a revised business case once we have successfully launched Phase 1 of this project.
Questions and Comments:
Mark Adderley: I really like the summary on page 1. Really helpful to see the key points set out. Question on staffing – could we get a verbal update on the onboarding and recruitment? Is that in plan and how is the morale of staff? A softer less tangible measure, but really important for us to deliver.
Answer: Aileen McNiven: Yes, the recruitment for the Specialist Caseworkers and Assessors is complete with start date of 15 January for all. It is ongoing but a very positive start. The team have created an engaging and informative induction. No further recruitment is underway at present. Staff are working hard and are stretched at present. We continue to gauge the temperature of the staff through our TRICKLE App. Health & Wellbeing remains front and centre through this intense period. Monitoring through 1-2-1s, Trickles, team meetings, development days etc.
Questions and Comments:
Mark Adderley: Is there a Gannt chart? (it’s hard to see the CP from tasks and times) And is there a critical path? If so, what is the view of the items on the critical path and what contingency do we feel we have?
Answer: Paul Hayllor: We are using an Agile approach to this project and whilst there is a high-level project plan tracking events on a Gannt Chart, the real activity is done on fortnightly sprint cycles within dedicated workstreams which are reviewed by the Project Board at the end of the cycle. The critical activity is that of the Co-Production Working group as everything is driven by their deliberations and recommendations and following each meeting, the key outcomes or policy steers are fed into the technical developments and likely application journeys.
Questions and Comments:
Mark Adderley: Risks look to be under control – well done.
Questions and Comments:
Mark Adderley: Agree with positive comments of the Co-Production Working Group. It feels like they are doing an amazing job – again well done.
Questions and Comments:
Mark Adderley: Is all continuing staff built into budgets? I note the substantial project staffing costs which will come to an end? And in paper 5 the separate budget – is it a seamless move at the end of the year?
Answer: Jim Maguire:Yes, all continuing staff are budgeted under the New Fund budget. Seconded project staff revert to their day jobs and is all planned.
Questions and Comments:
Mark Adderley: From November budget it looks like all Governance and Indirect costs have been spent? (and 6b December even more so) Is this the right way to present the data? It feels hard to discern given the massive bias towards staffing cost.
Answer: Jim Maguire: These costs are very small and easily affordable. The scaling is probably a little confusing here.
Questions and Comments:
Mark Adderley: Budget – see question in re-opening about budgets matched project into new fund. What do the different colours mean in ILF Fund Admin budget – and project opening goes from green to amber?
Answer: Jim Maguire: The colours are just meant to distinguish between the various fund categories, that’s all. I have tidied up the colour anomaly in one box.
Questions and Comments:
Mark Adderley: Assumptions – current pay forecasts for 2024 are nearer 4.5% than 2% (Personnel today, Pay data etc.) – I’m not sure an assumption of 2% and then 1% feels right. Is this all funded anyway so no risk?
Answer: Jim Maguire: This has already been largely agreed as part of a two-year SG pay policy deal with staff.
Questions and Comments:
Mark Adderley: It would be useful to get a summary or recommendations from the paper. I am actually not sure what we are looking for or at (sorry). The conclusion says there are 2 options, but doesn’t suggest what this means, followed by a lot of forecasts. What am I missing is the ‘so what?’.
Answer: Jim Maguire: This is simply to demonstrate good governance that we as an organisation look forward and examine different options and scenario plan them. There are no recommendations as such. It is to give the board comfort that we are planning for the future and sharing with SG our medium-term financial requirements well in advance.
Questions and Comments:
Mark Adderley: Risks – Good to see things generally within tolerance -0. Well done.
Questions and Comments:
Mark Adderley: R & R – noted
Questions and Comments:
Mark Adderley: noted – seems under control.
Questions and Comments:
Mark Adderley: noted
Questions and Comments:
Alison Nicolson: Can I recognise the amount of change being supported across the whole organisation! ‘High achieving quarter’ is certainly the case, thank you to everyone. What measures are in place to identify when the stretch on the organisation is too much, and deadlines or scope may need to be considered?
Answer: Aileen McNiven: This is constantly under review through various methods – 1-2-1s, team meetings, All Staff meetings and SMT discuss regularly. We are considering further initiatives to support colleagues. We also review deadlines and look at work which can be temporarily halted to allow the project work and priority business as usual to move forward. We are aware the whole team are stretched and make sure wellbeing hours and leave is taken to support time away from work. We have also put in place efficiencies over the last 18 months to support this - email etiquette / meeting protocols / ICI efficiencies.
Questions and Comments:
Alison Nicolson: This is a newbie question, the issues being experienced by disabled people in accessing PAs is called out here and is now a live issue being managed, how do ILF feed this into the SG / NI Government and help influence necessary changes?
I went on to read there is a SG PA Programme board. It would be good to understand its key actions and if this is likely to help mitigate the PA recruitment issue.
Answer: Aileen McNiven: Anne-Marie and Peter are both members of the PA Programme Board which was set up by the SG in response to the Independent Review of Adult Social Care. Anne-Marie is Chair of the training sub-committee, and Peter is also a member of this committee and the sub-group considering a national model PA agreement. Jim Elder-Woodward, our Advisory Group Chair, is also a member of the Board. There is widespread recognition of the vital and skilled role of the PA, and that current levels of remuneration are not reflective of this. However, this forms only one small area of work of the Board. PA and social care workforce remuneration more generally is primarily overseen by a different area of Government. ILF Scotland’s engagement is generally via the Sponsor Team. We have regular discussions to share our learning from working across all areas of the country, and these conversations now include the potential impact of workforce challenges on the success of re-opening ILF.
Questions and Comments:
Alison Nicolson: Congratulations on top 30 employer award from Working Families UK and for the LA Portal being recognised at the UK Public Finance Awards and the shortlist for Excellence in risk governance.
Questions and Comments:
Alison Nicolson: In Appendix A, the pressure on LA funding is starting to be seen in the figures with an increase in the % funded and value of funding. As the fund is closed is this through annual / biannual reviews identifying higher need to be independent rather than ILF covering care costs which should be met by the LA? I note the same trend does not appear in the NI data. How do you monitor (and take action of appropriate) this as a management team to provide assurance? Thank you!
Answer: Linda Scott: Partially through reviews every few year (we are still on catch up after COVID-19) where additional hours of ILF support is identified because of a significant change of circumstances e.g. loss of unpaid care. It is, in addition, through a combination of other things, including:
Our SDS staff work hard to avoid covering care costs that should be met by the LA.
Yes, we have noted that the trend in NI is not quite the same. All of the same issues are experienced in NI but to date we haven’t seen the same percentage increases, which is not to say that we won’t. Our policies were traditionally different in NI e.g. we could not exceed the maximum award or waive recipient contributions and although the policies are now the same as in Scotland, there may be a period of adjustment and we haven’t yet seen the significance of these changes to any great extent.
Increases to awards are available only in line with Policy 18 Increases in Awards. Any increase above 4% goes through our Discretionary Decision process where a panel consisting of Senior Managers discuss larger increases on the basis of reports submitted by our assessors. We discuss any trend with our Sponsor Team as part of our quarterly meetings.
Questions and Comments:
Betty McAtear: Q3 Progress Report: Outcome 4 (pg 8) - good to see that SG have agreed to expansion of caseworker team to cope with greater demand. Is this permanent or temporary posts?
Answer: Permanent.
Questions and Comments:
Betty McAtear: Also, good to see that reserves can be used to help meet demand for TF until year end. While this short-term measure is welcome, will it result in distortion of overall TF available when viewed in year-on-year comparison?
Answer: Jim Maguire: What it might mean is that if the high demand continues then we may need to ration in subsequent years if our funding is capped at £5m. We have already asked the sponsor team if we can have more flexibility with our funding package e.g. if we have surplus 2015 monies can we use these for the TF.
Questions and Comments:
Betty McAtear: Also concerned that the restriction to one application to TF will result in some negative / reputational damage. Is the restriction likely to be temporary or permanent?
Answer: Linda Scott: The restriction is for the foreseeable future but that we will monitor the situation closely and keep it under review. We have had a few public comments expressing disappointment at the loss of potential funding for young disabled people, not aimed directly at ILF Scotland and so far, have had one direct complaint. We will need additional funding and / or greater control of our overall resource (as outlined in answer to previous question) to reverse this position.
Questions and Comments:
Betty McAtear: Strategic Direction: With the re-opening of the 2015 Fund, the success / over-subscription of the TF, and the reducing demand on the existing 2015 monies, are there any indications of the way forward for ILF? With the continuing financial crises with LA funds, is there any likelihood of any change of thinking at higher level likely to impact on ILF’s strategic direction at this time?
Answer: Paul Hayllor: The workings of the co-production group and our internal pressures on business as usual and over demand for the TF, alongside our ICI replacement project, are giving us the opportunity to feed all of these into our next cycle of strategic planning. The intention would be to identify our external demands and requirements and configure ourselves internally to deliver these as efficiently as possible. This is not a full answer Betty but a way of saying that we can throw everything into the mix once we have launched Phase 1 and then prepare ourselves for 2025 and beyond (which is actually one of our current objectives as well). The creation of the NCS has the potential to impact significantly on our strategic direction, however there is still significant uncertainty about how this will develop, and it is significantly delayed. Note that we also still hope to secure re-opening of the 2015 Fund in NI.
Questions and Comments:
Mark Adderley: Well done on the clean audit (again)
Questions and Comments:
Alison Nicolson: Thank you for sharing this paper. I’m not sure the date this was submitted to SG, has there been a response? I saw on social media the TF is now limited to one application. Do you have support for additional staffing and the ability to use 2015 surplus to meet TF demand on an ongoing basis? The ability to redirect unused funds to meet our purpose through the TF fund has my support.
Answer: Jim Maguire: At the moment the ability to use surplus 2015 Funds is one-off. However, we have asked the sponsor team if we can have this flexibility on an ongoing basis. They have initiated discussions on the matter with Health Finance colleagues. We await their answer. This may be something to raise with the Minister directly.
Questions and Comments:
The current TF application process relies on completion of a form, have other routes been considered which may reduce rework for the ILF team such as a video conversation?
Answer: Linda Scott: We have discussed the use of video content to assist the application process and we plan to do this. It is difficult to move away from a form altogether because of the way in which the application is structured but we will consider this as part of our accessibility review during 2024 to 2025.
Questions and Comments:
Mark Adderley: Transition Fund options – sounds sensible.
Questions and Comments:
Mark Adderley: see notes above about budget graph
Questions and Comments:
Alison Nicolson: Thank you for sharing these, the letters show what an important part ILF funding plays in allowing disabled people to maintain their independence.
Questions and Comments:
Mark Adderley: Seems to be more correspondence than usual – I suppose we should be geared up to respond to these as the higher profile we get the more we will be contacted.
Questions and Comments:
Mark Adderley: H&S report – good report - well done (should we add attendance / sickness to theses stats?)
Answer: Aileen McNiven: We could add them here too – they are included in the Quarterly Report.
Questions and Comments:
Alison Nicolson: A helpful paper, is there succession identified within the non-exec members for future roles of vice chair and in time chair? Is this what remuneration committee are currently looking at?
How are the skills the board is mapped against set? There are 2 more areas I think would be useful for us to have 1. Risk management, 2. Change and digital transformation.
Answer: Aileen McNiven: The Chair and Remuneration Committee have ownership of the Succession Plan working closely with the Public Appointments Team (PAT). The PAT and Sponsor Team along with our Chair inform the Succession plan criteria using an SG template for us to follow.
Questions and Comments:
Mark Adderley: Succession planning - OK
