Section 75 National Health Service Act 2006 Agreement

This consultation sets out a proposal for Gateshead Council and the NHS Newcastle Gateshead Clinical Commissioning Group to change the way that they work together in relation to certain children's placements.

The placements are:

  • Placements in Department for Education registered, non-maintained and independent special schools and colleges; 52-week residential, termly boarder, weekly boarder and day placements.  All placements in these settings for children and young people aged 0 – 25 years (inclusive),
  • Placements in Ofsted registered, Independent Children’s Residential Homes for Children and Young People 0 – 18 years, and
  • Residential short-break services for Children and Young People 0 – 18 years.






The change proposed would involve Gateshead Council (the Council) and NHS Newcastle Gateshead 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 any party impacted by the decision but particularly 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.

What we would like to know...

Do you agree that Gateshead Council and NHS Newcastle Gateshead Alliance Clinical Commissioning Group should enter into a Section 75 Agreement which details the governance arrangements for jointly commissioned Placements for 0-25 years in Department of Education registered, non-maintained and independent special schools and colleges for day and residential placements as described in the consultation document below?

Please provide your view and any additional comments to support your view by email to

Alternatively you can write to:

Gateshead's Children's Commissioning Team
All Age Commissioning and Quality Assurance
Gateshead Council
Gateshead Civic Centre
Regent Street

All feedback to the consultation must be received by 12 June 2017 at 12 noon.

Started: 15 May 2017
Ended: 12 June 2017
Contact: Children's Commissioning Team
t: 0191 433 3000
e: childrenscommissioning@
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