Service Devolution and Asset Transfer Policy

6.1 Following consideration of devolution requests, and negotiations, a decision by Buckinghamshire Council and the respective applicant organisation is needed on the sign-off of individual devolution transfers. All such decisions will be taken in accordance with this policy and Buckinghamshire Council’s Constitution. Key decisions on significant devolution transfers will be taken by Cabinet and/or Leader decision, in consultation with the appropriate Cabinet members. Non-key decisions will be taken by the relevant officers in accordance with the scheme of delegation.

6.2 An advisory Devolution Board will consider all devolution requests and oversee the devolution programme. This will be chaired by the Cabinet Member for Communities and comprise the Deputy Cabinet Member for Community Safety; the Cabinet Member for Accessible Housing and Resources; the Cabinet Member for Transport; the Cabinet Member for Culture and Leisure and senior officers from within the council from Policy and Improvement, Property & Assets, Legal, Finance and the incumbent service in respect of service devolution.

6.3 The Board will make recommendations to the relevant decision-maker (officer/member) on the detail of transfer agreement terms and sign-off.

6.4 The Council may need to balance the competing interests of community groups and an assessment will need to be made as to the option that will deliver most sustainable benefit to the local community. Where possible, potential beneficiaries can be brought together in a partnership, where this can result in greater benefit to residents.

6.5 Buckinghamshire Council can provide support to town and parish councils to enable them to consider submitting expressions of interest. This can include:

• Online guidance and information including template expressions of interest form and business plan.
• Provision of information on the specification of services to help inform the development of proposals.
• A named contact to support organisations to submit expressions of interest, support business plan development and to keep the applicant updated at all stages of the transfer process.

6.6 Buckinghamshire Council will then:

• Check that the applicant meets the eligibility criteria to be considered, and notify the applicant accordingly.
• Notify the relevant local member(s) and seek their views.
• For service devolution, information will be provided to the applicant in regard to service specifications and costs (where possible an estimate of disaggregated costs).

For community assets, the following information will be provided to the applicant:

• Existing costs for maintenance of the asset.
• Condition survey report providing an overview of the property’s condition.
• If the applicant wishes to then proceed with the transfer request, in light of this information, the expression of interest will be considered by the Devolution Board.

The Devolution Board will determine if the application passes the stage 1 assessment and next steps which are:

• Business plan required before decision.
• Business plan not required and decision can be agreed (either as an offer decision or Cabinet Member if a key decision).
• Application rejected.
• Proposed Heads of Terms will be assessed and agreed by the Devolution Board, and provided to the applicant to inform any business case.

6.7 A business plan will be required where an asset or service request is of value greater than

£100,000 and/or for all key decisions.

6.8 The Council recognises that completing a business plan will take the applicant time and effort and will only ask organisations that meet all the eligibility criteria.

6.9 Where it is agreed to carry out a pilot of a wide-spread devolution of assets and services to a town or parish council, a single business case will be required. This document would be co- developed in partnership.

6.10 All business plans will be considered by the Devolution Board prior to a recommendation to the decision-maker (normally the Cabinet Member).

6.11 If a business plan is required it is anticipated that supporting evidence will also be requested on the following areas:

• Health & safety arrangements in place
• Safeguarding arrangements
• Staffing and/or contractual arrangements
• Insurance
• Operational procedures
• Governance
• Financial standing
• Property management and maintenance
• Proposed improvements and / or investment in the asset

6.12 The Council will consult local member(s) and Community Boards prior to a decision on transfers that require a business plan.

6.13 The decision on the sign-off of all transfers will be made in accordance with decision-making rules as set out in Buckinghamshire Council’s constitution.

6.14 Applications that go forward for a decision will be made publicly available and objections / representations can be submitted. Cabinet / the Leader is able to put those objections back to the Devolution Board for further consideration as appropriate.

6.15 Any other matters will be managed in line with the Council’s complaints procedure.