Decision details

Proposed decision

•         To tender for the award of Contracts for the Coroners Removal and Transfer Service for the Kent and Medway coroners areas for an initial 3-year period, with an option to extend for up to 2 years;

•         Delegate authority to the Director of Growth & Communities in consultation with the Cabinet Member for Community and Regulatory Services to take relevant actions, including but not limited to, awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision

•         Delegate authority to the Director of Growth & Communities in consultation with the Cabinet Member for Community and Regulatory Services to Award Renewals of the current contracts in accordance with the current clauses within the contract for the period 00:00 on 22nd May 2024 to 23:59 on 31st December 2024 to accommodate the required procurement process

Reason for the decision

This decision is required to allow the KCC Coroners Service to put in place new Coroners Removals and Transfer Contracts, to allow it to meet its statutory responsibilities (as detailed in the background section below).

Background

The Coroners and Justice Act 2009 places a duty on Coroners to investigate deaths that are referred to them if they have reason to think that: 

·                The death was violent or unnatural. 

·                The cause of death is unknown; or 

·                The deceased died while in prison, police custody or another form of state detention e.g., where a Deprivation of Liberty Safeguard Order (DoLS) is in place. 

When a death is reported to the coroner, he or she: 

·    establishes whether an investigation is required. 

·    if yes, investigates to establish the identity of the person who has died; how, when, and where they died, and any information to register the death; and 

·    uses information discovered during the investigation to assist in the prevention of other deaths where possible. 

In some cases, the coroner will order a Postmortem (PM) to establish the cause of death. On behalf of the Kent and Medway Senior Coroners, KCC ensures access to body storage and PM facilities across the four Kent and Medway coroner areas. When a PM is necessary there is a requirement that the deceased be transported to a designated mortuary. KCC puts contracts in place on behalf of the Kent and Medway Senior Coroners for such transportation with funeral service providers.

Options (other options considered but discarded)

• Direct Award of Coroners Removals and Transfer Service Contract – This approach is not compliant with the Public Contracts Regulations 2015 and would bring significant risk of legal challenge.  Lack of competition does not demonstrate compliance with the Council’s Best Value Statutory obligations.

• Do Nothing –These Contracts support delivery of KCC’s statutory responsibilities with respect to the Coroners and Justice Act 2009.  Suitable contractual arrangements are required to ensure security of supply and service rates.

• Use of External Procurement Framework –There are no available Frameworks that can be used to procure these localised services.

Delivery of Transport Service in house – Discounted.  The Council has not provided an in-house transport service to date. The Service would require the availability of trained staff 24/7 365 days per year; detailed cost information would need to be established to understand the viability of this option.

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026

The proposed (Lotted) Contract structure minimises potential environmental impact of the transport element of this service (Priority 3, Environmental step change).

How the proposed decision supports Securing Kent’s Future

Contract review work undertaken to date and plans for a competitive procurement process supports Objective 2 of Securing Kent’s Future (Delivering savings from identified opportunity areas to set a sustainable 2024/5 budget and MTFP).

As Cabinet Member for Community and Regulatory Services, I agree:

•         To TENDER for the award of Contracts for the Coroners Removal and Transfer Service for the Kent and Medway coroners areas for an initial 3-year period, with an option to extend for up to 2 years;

•         DELEGATE authority to the Director of Growth & Communities in consultation with the Cabinet Member for Community and Regulatory Services to take relevant actions, including but not limited to, awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision;

•         DELEGATE authority to the Director of Growth & Communities in consultation with the Cabinet Member for Community and Regulatory Services to Award Renewals of the current contracts in accordance with the current clauses within the contract for the period 00:00 on 22nd May 2024 to 23:59 on 31st December 2024 to accommodate the required procurement process.