Purpose

To present an updated Section 75 (S75) agreement of the NHS Act 2006 to the Executive Director: People and Cabinet Member for Adults, Economy and Regeneration for review and approval.

To inform the Executive Director: People and Cabinet Member for Adults, Economy and Regeneration of the changes made to the previous S75 in consultation with legal services.

Decision

RESOLVED that the Executive Director: People in consultation with the Cabinet Member for Adults, Economy and Regeneration to approve that BFC agrees and enters into a S75 agreement with Thames Valley Integrated Care Board (ICB) from 1 April 2026 effective for a period of up to two years (1 + 1).

Reasons for the decision

The previous S75 Agreement expired 31 March 2026. Existing and new services that are jointly commissioned and/or funded through a pooled budget need to be covered through a S75 Agreement in order to be compliant with the NHS Act 2006 and have a clear working protocol between Thames Valley ICB and Bracknell Forest Council.

The previous S75 agreement was entered into between Frimley ICB and Bracknell Forest Council. On 1 April 2026, Frimley ICB ceased to exist as an entity and Bracknell Forest is now part of the Thames Valley ICB footprint.

In light of this change, it is recognised that 2026-2027 is a transition year and it is therefore proposed that a 1 + 1 agreement (allowing for a 1-year extension)  would be most appropriate. The Better Care Fund (BCF) guidance stipulates that S75 agreements need to be in place by 30th September each year, so many Health and Wellbeing Boards have S75 agreements that run October – September. It is acknowledged that there may be an intention to align agreement dates across the Thames Valley footprint. Opting for a 1 + 1 term allows the agreement to be finalised under existing terms and conditions, and then to be reviewed prior to March 2027.

The S75 agreement encompasses three schedules: one pertaining to the Better Care Fund; one pertaining to Heathlands Care Home; and a third schedule that was added as a deed of variation during 25-26 is a schedule pertaining to Bridgewell. This is therefore a key strategic document governing ways of working between Bracknell Forest Council and Thames Valley ICB. The schedules are updated and mutually agreed on an annual basis, in line with any new guidance.

The scheme of delegation reflects approval for S75 by the Executive Director: People in consultation with the Cabinet Member for Adults, Economy and Regeneration.

The S75 agreement will progress through Thames Valley ICB’s governance route in tandem with the Council’s governance process.

Alternative options considered

Other options such as extending the existing S75 Agreement or not renewing the S75 Agreement are not feasible options as would lead us to be non-compliant.

A longer term agreement has been considered, but due to the period of transition, a shorter-term agreement was deemed to be most appropriate.