(1) The Chairman
introduced the report that had been circulated with the agenda
which set out proposed Terms of Reference, scope and general
approach to the review included suggested witnesses either for
written or oral evidence.
(2) The Committee
discussed the proposed Terms of Reference and scope of the review
and made the following points:
- Mr Baldock wished it to be noted
that he did not agree with the assumption in paragraph 1.1 of the
report that commissioning was the only response to the statement
that “Public Services are changing as previous
models of service delivery are no longer affordable in a time of
reductions in public spending, future significant increase in
demand for services and increased public expectation about quality
of services.”
- Mr Cowan emphasised
the need to look at the voluntary sector and its issues in
relations to commissioning of services, whilst acknowledging their
hard work he questioned how far it was possible to provide services
with volunteers.
- Mr Baldock proposed
that the Terms of Reference be amended to include reference to
giving consideration to what steps were taken to protect services
if the provider failed to fulfil their contractual
obligations. This on being put to the
vote was lost. It was pointed out that
this was covered within the scope of the review.
- Reference was made to
the importance of Members of the Select Committee being aware of
the Public Services (Social Value) Act 2012, which would come into
force on 31 January 2014.
- The Chairman drew the
Committees attention to the importance of Members of the Committee
not approaching individual providers involved in any ongoing
tendering/procurement process to provide Kent services as this was
prohibited in procurement law.
- Members expressed
their individual perceptions of Commissioning within the public
sector and there was a general discussion on the scope of the
review.
- It was suggested that
the Committee should also receive evidence from other Local
Authorities who have had experience of commissioning
services.
- Mr Vye circulated a
note from the “Third Sector Commissioning” conference
that he had attended on 26 November 2013.
- Reference was made to
the recently commissioned Children’s and Adults Mental Health
Service (CAMHS) which was being provided by Sussex County
Council. It was noted that there was an
item on this service at the meeting of the Health Overview and
Scrutiny Committee on Friday 31 January 2014.
- The importance of
robust contract monitoring was emphasised.
- The value of
flexibility in commissioning was mentioned.
- It was confirmed that
witnesses would be asked to share their experiences of barriers to
commissioning as part of their evidence and that evidence would be
sought from those who had been unsuccessful in the commissioning
process.
- The importance of
considering Best Value, including social value as part of the
commissioning process was raised.
- It was mentioned that
all County Councillors could have a role in informally monitoring
contracts in their area and providing valuable feedback. Also
reference was made to the changing role of Councillors as part of
the transformation agenda and it was suggested that they may have a
role in “due diligence” prior to commissioning of
services.
- Mr Vye mentioned that
the Leader was considering establishing a Cross Party Member Panel
to oversee Commissioning.
- The Chairman put
forward the suggestion that the Committee may wish to task small
groups of Members with going on visits and feeding back to the
Committee.
- It was acknowledged
that the experience of Commissioning would be different depending
on the service being commissioned.
- Reference was made to
the Public Service agreement and the principle behind it of a
single funding concept and a whole community
perspective.
- Mrs Cracknell
explained how it was proposed to engage with witnesses and the way
in which the evidence gathering sessions would be run. She undertook to email written evidence to Members
as it was received.
- Any Members who were
linked to a company or voluntary sector organisation which was
providing evidence to the Committee were requested to inform Ms
Fitch so that that this could be recorded.
- Mrs Cracknell
circulated Information Pack One: Background Papers for Members and explained that at the next meeting
on 14 January 2014 the material would form the basis of the
Committee’s initial discussion.
Mrs Cracknell added that Ms Doherty, Business Transformation and
Programme Manager, Customer and Communities would be attending the
meeting to provide an overview, discuss the key barriers and KCC
successes. As the request of Mr Balfour, Mrs Cracknell agreed to
circulate an electronic copy of the Information Pack to the
Committee.
(3) RESOLVED that (a)the
following Terms of Reference, as set out in the report be
approved:
(i)
to determine what KCC needs to do to become a better commissioning
authority, with a particular focus on removing barriers to entry
for the provision of KCC services from new providers, particularly
small to medium sized enterprises (SMEs) and members of the
voluntary, community and social enterprise sector
(VCSE).
(ii)
to consider if the authority is using its commissioning processes
to ensure it meets its duties under the Social Value Act
(iii)
to examine how, in becoming a commissioning authority the
voluntary, community and social enterprise sector (VCSE) can play a
more important role in the provision of KCC services
(iv )
to make recommendations around the role of KCC as a commissioning
authority and the programme of activity through Facing the
Challenge that will move the authority to have a commissioning
focus and improve how we do commissioning.
(b) the general approach
to the review on commissioning and procurement as set out in the
report be approved.