Cabinet Member decisions

Background: Providers are seeing an immediate impact on their cashflow, with an significant increase in costs for items PPE, Agency staff, food and taxis. The most efficient way to inject funding in the sector is to provide an additional payment to help cover these costs and to ensure they have sufficient capacity to continue to deliver key services

Social care providers are a key part of the emergency  response to the COVID19 pandemic The social care provider market has been significantly affected by rising costs associated with the COVID-19 pandemic, this could impact on their ability to continue delivering the services commissioned by Kent County Council and on the ability to support the NHS and social care to discharge their statutory responsibilities.

Recent guidance has been published jointly from the Local Government Association (LGA) and Directors of Adult Social Services (ADASS) on providing temporary funding to assist social care providers during the period of COVID19.

In line with the guidance Kent needs to support the security of the social care provider market in Kent during the COVID19 crisis and enable providers to maintain delivery of essential services to the vulnerable people of Kent it is proposed to award additional payments to Adult Social Care Providers in Kent, the equivalent of 2 weeks provision of care, in recognition of the additional costs that providers are incurring as a result of and in response to the COVID19 pandemic.

Advance payments equivalent to one week’s provision of care (approx. £6.5m) were previously made to providers on the basis that this would be recovered, however it is now proposed that this payment will not be recovered, and will form one of the 2 weeks’ payment identified above. 

The Cabinet Member for Adult Social Care and Public Health is asked to:

a)    AWARD additional payments to Adult Social Care Providers in Kent, to the equivalent of 2 weeks provision of care, to cover the additional costs that providers are incurring as a result of and in response to the COVID-19 pandemic;

b)    DELEGATE authority to the Corporate Director of Adult Social Care and Health, in consultation with the Cabinet Member for Adult Social Care and Public Health and the Corporate Director for Finance, to finalise the terms of and confirm the relevant payments as required; and

c)    DELEGATE authority to the Corporate Director of Adult Social Care and Health to take other relevant actions, including but not limited to entering into and finalising the terms of relevant contracts or other legal agreements, as necessary to implement the decision

Reason for decision’s urgency - The relevant providers require additional payment to manage the additional costs in relation to pandemic immediately.  The system for processing payments and banking rules will mean this takes approximately a week to implement and any further delay will mean that some providers will struggle to continue delivering services because of cash flow implications.

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To purchase a number of block beds across all need types within the Older Persons Residential and Nursing service to support the discharge of clients from hospital with the increase caused by Covid-19; delegate authority to the Corporate Director for Adult Social Care and Health, in consultation with the Cabinet Member for Adult Social Care and Public Health, to review the bed and requirements and increase the numbers purchased providing the total cost remains within the approved limit of £2,494,828.44; and delegate authority to the Corporate Director for Adult Social Care to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement this decision.

Legal Implications (expanded)

This is being procured under Procurement Policy Note (PPN 01/20) was released in March 2020 setting out information and associated guidance on the public procurement regulations and responding to the current coronavirus, COVID-19, outbreak.

The regulation states that: in responding to COVID-19, contracting authorities may enter into contracts without competing or advertising the requirement so long as they are able to demonstrate the following tests have all been met:

1) There are genuine reasons for extreme urgency, eg: you need to respond to the COVID-19 consequences immediately because of public health risks, loss of existing provision at short notice, etc;

• you are reacting to a current situation that is a genuine emergency - not planning for one.

2) The events that have led to the need for extreme urgency were unforeseeable, eg:

• the COVID-19 situation is so novel that the consequences are not something you should have predicted.

3) It is impossible to comply with the usual timescales in the PCRs, eg:

• there is no time to run an accelerated procurement under the open or restricted procedures or competitive procedures with negotiation;
• there is no time to place a call off contract under an existing commercial agreement such as a framework or dynamic purchasing system.

4) The situation is not attributable to the contracting authority, eg:

• you have not done anything to cause or contribute to the need for extreme urgency.

The Cabinet Member for Adult Social Care and Public Health agrees to:

a) PURCHASE a number of block beds across all need types within the Older Persons Residential and Nursing service to support the discharge of clients from hospital with the increase caused by Covid-19.

b) DELEGATE authority to the Corporate Director for Adult Social Care and Health, in consultation with the Cabinet Member for Adult Social Care and Public Health, to review the bed and requirements and increase the numbers purchased providing the total cost remains within the approved limit of £2,494,828.44

c) DELEGATE authority to the Corporate Director for Adult Social Care and Health to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement this decision.

a) EXTEND all current grant arrangements until 31 March 2021;

b) DELAY all remaining phases of the community based wellbeing services procurement until 2021/2022; and

c) DELEGATE authority to the Corporate Director of Adult Social Care and Health to take relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

Background

This will support the security of the social care provider market in Kent during the COVID19 crisis and while the procurement programme for the Community Based Wellbeing Services Offer is paused, to enable key providers of services and that financial intervention is to enable them to carry on with their critical role during this time, whilst other income streams from commercial activity reduces.  

This decision supports KCC’s Strategic Statement through supporting key providers that deliver services to older and vulnerable residents that will ensure they are safe and supported with choices to live independently.  This decision relates to the proposal within the Strategic Delivery Plan of moving organisations from grants to contracts.

Cabinet Member for Adult Social Care and Public Health agrees to:

a) EXTEND all current grant arrangements until 31 March 2021;

b) DELAY all remaining phases of the community based wellbeing services procurement until 2021/2022; and

c) DELEGATE authority to the Corporate Director of Adult Social Care and Health to take relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

Decision:

a) AWARD the contract for the Integrated Digital Assistive Technology Solution to Alcove; and

b) DELEGATE authority to the Corporate Director of Adult Social Care and Health to take relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

This project supports KCC’s strategic outcomes by supporting older and vulnerable residents to be safe and have choices to live independently. 

Making improvements to the way services are delivered in response to the COVID-19 crisis will help to realise the objectives within the Your Life, Your Wellbeing strategy 2016 – 2021. The strategy seeks to promote the independence of individuals whilst also committing to ‘make use of digital technology and innovation in the delivery of care and support and help services address challenges.’  

The project is to be delivered at pace in order to support the response to the current COVID-19 virus.  It is acknowledged that the available workforce may diminish, and thus alternative solutions need to be readily available in order to support priority groups to enable staff to deliver on the Local Authority strategic responsibilities. There are both public health protection benefits and continuity of service benefits to vulnerable older people resulting from the proposed roll out of this service and technology.

Options

To keep the older and vulnerable people in Kent safe within their own homes during the Coronavirus outbreak, several options were considered:

·         Option 1 – Continue as-is

·         Option 2 – Utilise a non-technological solution 

·         Option 3 - Utilise all existing technology available (telecare analogue kit)

·         Option 4 – Purchase an integrated digital assistive technology solution

·         Option 5 – Purchase an integrated digital assistive technology solution that can be installed remotely

Each option was evaluated in terms of Strengths and Weaknesses, and opportunities and Threats. See full business case for details.

Cabinet Member for Adult Social Care and Public Health agrees to:

a) AWARD the contract for the Integrated Digital Assistive Technology Solution to Alcove; and

b) DELEGATE authority to the Corporate Director of Adult Social Care and Health to take relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

Proposed Decision

a) AWARD temporary rolling three month contracts, with the option to extend for a further three months on a rolling basis as required depending on the position and longevity of the COVID19 crisis, to all those currently grant aided through the Community Wellbeing Service Offer;

b) DELEGATE authority to the Corporate Director of Adult Social Care and Health, in consultation with the Cabinet Member for Adult Social Care and Public Health and the Corporate Director for Finance, to agree the relevant contract extensions as required; and

c) DELEGATE authority to the Corporate Director of Adult Social Care and Health to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision

Reason for Urgency:

The justification of this action is to ensure the survival of key community-based providers, that will be key to supporting the most vulnerable and isolated residents through the COVID-19 crisis.  If this package of support is not put in place, within 3 months, the majority of these organisations will have to close or cease to exist through a lack of income, or support from the Government.  If the latter were to happen the majority of the support would then fall to Adult Social Care to cope with.

In order to protect and maintain a community response and support for elderly and vulnerable people, these providers need to be secure in their financial footing and be able to pay their staff and run their vital services.  Government financial support packages are not appropriate or available for these providers.

The COVID-19 outbreak has significantly impacted on the provider’s income, due to all their centre closures, while demand for support from those they have supported in the past, along with new referrals, increasing greatly and constantly since the UK Government declared a lockdown.

Background

This decision supports KCC’s Strategic Statement through supporting key providers that deliver services to older and vulnerable residents that will ensure they are safe and supported with choices to live independently. This decision relates to the proposal within the Strategic Delivery Plan of moving organisations from grants to contracts.

Cabinet Member for Adult Social Care and Public Health agrees to:

a) AWARD temporary rolling three month contracts, with the option to extend for a further three months on a rolling basis as required depending on the position and longevity of the COVID19 crisis, to all those currently grant aided through the Community Wellbeing Service Offer;

b) DELEGATE authority to the Corporate Director of Adult Social Care and Health, in consultation with the Cabinet Member for Adult Social Care and Public Health and the Corporate Director for Finance, to agree the relevant contract extensions as required; and

c) DELEGATE authority to the Corporate Director of Adult Social Care and Health to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision

Background:

On 12 January 2020, it was announced that a new coronavirus had been identified. COVID-19 is highly contagious and the World Health Organisation has declared the risk and spread of the disease as a pandemic with Europe now at its epicentre. Although the Government has taken action to control the spread and rate of infection, there is expected to be a higher number of deaths resulting from the disease, than would ordinarily be experienced from other causes.

To enable the initial phase of the provision to be secured an urgent order has been placed with a supplier using officer delegations.  It is likely that further decisions will be taken in the coming days, week to ensure that arrangements are in place to meet the national need. The financial commitment associated with this is likely to exceed £1million and would ordinarily be a key decision. 

Reason for Urgency:

Kent is not alone in the need to make appropriate preparations for increased mortuary demand and supplies of the relevant equipment, land and ancillaries are limited.  It is therefore crucial that KCC takes necessary steps to secure the additional capacity immediately while it is still available.  Failure to take immediate action could limit KCC’s ability to meet its statutory obligations to provide sufficient mortuary capacity.

This key decision is now required urgently to ensure appropriate authority is in place to support ongoing retention and use of the additional capacity which has already been identified and to provide necessary flexibility to allow for swift significant Officer decisions on this project should further capacity and facilities be required in response to the fast-moving situation. Should additional facilities be required, officers will inform the Leader in writing at the time.

Options:

Current mortuary capacity in Kent and Medway is insufficient to deal with the Government’s forecast number of excess deaths from COVID-19, therefore additional space needs to be procured efficiently to respond to  modelling by the Government as the understanding of the virus’ epidemiology continues to evolve

Additional Financial information:

The total budget allocation to facilitate the project is £11m. This will cover the costs for an initial facility and for additional capacity if required. Whilst the expenditure incurred as a result of this decision will initially be funded by the Council, the Government has confirmed that councils will be reimbursed for costs incurred as part of the response to the Covid 19 outbreak.  The expenditure being incurred is to support a storage facility capable of managing the number of bodies in line with the forecast data provided by Government. 

Costs for the set-up of the initial facility total £973,428.15 and are listed below;

·         Erection of hoarding on site to maintain site security and privacy - £76,736.00.

·         Set up and hire costs from Fews Marquees;

o   13th April 2020 to 10th May 2020 - £403,510.00

o   11th May 2020 to 7th June 2020 - £116,120.00

o   Additional hire to meet minimum 20 week hire period - £116,120.00 x 3

·         Repairs and maintenance to B Block to make safe for use (including roof repairs) – £28,702.15.

As the full provision is put in place additional costs will be incurred for the set-up and operation of the site.

The costs of the further facilities is unknown but will be considered by officers in line with delegated powers before making any decisions.

Due to the urgency KCC is invoking Section 32 of the Public Contracts Regulations 2015. This provides for the use of a single source supplier without the need to go out to public competition. This approach is consistent with the advice from the Cabinet Office.

As Leader of the Council, I agree to:

Approve the procurement and setup arrangements for temporary morgue facilities to provide additional capacity projected to be required as a consequence of the COVID-19 pandemic.

This approval includes agreement;

I.       to approve the virement of £11m from reserves to support the procurement and management of temporary body storage solutions throughout Kent and Medway (at one or more locations extent to be decided) to provide additional capacity as a consequence of the COVID-19 pandemic. 

Such solutions shall include, but not be limited solely to, site preparation, installation of temporary structure and equipment, management of the site, security and access control, facility management, ICT and technical systems support, body storage management, transportation and traffic management services to and from the location(s), demobilisation and site clearance including any decontamination; management and staffing and

II.      to delegate authority under the Scheme of Officer Delegations to the Corporate Director of Growth, Environment and Transport, in consultation with the Leader of the Council, the Corporate Director for Finance and the Monitoring Officer, to take relevant actions, including but not limited entering into contracts and other legal agreements required to ensure the effective operation and delivery of the increased mortuary capacity, as necessary to implement this decision; and

III.     to delegate authority under the Scheme of Officer Delegations to the Director of Infrastructure in consultation with the Leader, the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, the Corporate Director for Finance, the monitoring officer and the Corporate Director for Growth, Environment and Transport to direct the use of KCC land and/ or finalise the terms and enter into the necessary contracts and legal land agreements required to enable the provision and operation of the mortuary capacity, and take other appropriate actions in relation to Property Management and Infrastructure activity, necessary to implement this decision.

Background Information:

Across Kent, the number of pupils with an EHCP has increased significantly.  Figure 1 shows that, as of January 2015, there were 7,374 pupils aged between 0-25 years of age with an EHCP, by January 2019 the number had increased to 11,763, an increase of 60%.  There have been significant increases across all need types but particularly for Autism Spectrum Disorder, Social, Emotional and Mental Health Needs, Speech, Language & Communication Needs and Moderate Learning Difficulties.  The increase in the number of pupils with an ECHP is having an impact on the need for places within our special schools and the SRPs within mainstream schools.  This is being particularly felt within our schools designated as PSCN, such as The Beacon Folkestone, which provide for pupils that have more than one need type.

Access to a maintained special school place in Dover is limited by the fact that the two special schools in the District, The Elms and Portal House, both cater for pupils with Social, Emotional and Mental Health Needs (SEMH).  There is no special school designated to cater for PSCN; Dover and Dartford being the only 2 of the 12 districts in Kent not to have such a facility.  Instead, Dover has two specialist resourced provisions (SRPs) designated for pupils with PSCN at Whitfield Aspen Primary School and at Dover Christ Church Academy.  To support the increasing need for specialist places for pupils with PSCN within the District, particularly in the primary sector, the designated number of places available at Whitfield Aspen Primary School has grown from 58 in 2014 to 112 in 2019.  However, this is clearly still not sufficient, as at January 2020 there were 128 pupils on roll in the SRP.  The designated number at Dover Christ Church Academy is 40 and presently there are 54 pupils on roll.  As pupils leave the primary sector there are insufficient local specialist places and pupils have to travel out of the District to receive appropriate support.  This has become an increasing issue as larger primary school rolls enter the secondary sector.  Opening a satellite of the Beacon at the Walmer site will go some way to ensuring there is sufficient specialist provision for pupils with PSCN within Dover district.

The pressure for PSCN places has not been limited to one need type.  We have particular pressures for provision which will support needs of pupils with combined Autistic Spectrum Disorder (ASD) and Severe Learning Difficulties (SLD) or Moderate Learning Difficulties (MLD).  The buildings at the former Walmer Science College would be more suited to these need types.

The need to add additional ASD provision has been highlighted.  In June 2019 the plan to add ASD provision via the commissioning of a new 168 place ASD provision within the former Walmer Science College building was brought to the attention of the Children’s, Young People and Education Cabinet Committee.

This was incorporated in a report which outlined how Officers proposed to allocate the additional £4,600,000 funding from the Government’s Special Provision Capital Fund to increase specialist ASD provision across the County.

We are proposing to open a 168-place satellite of The Beacon Folkestone at Walmer Science College, formally a mainstream secondary school which was vacated in August 2018.  We plan to refurbish the buildings in phases, with the aim that the initial provision is open in September 2020.

Initial, high level feasibilities have shown that the site and present facilities at former Walmer Science College could be swiftly reinstated to provide the facilities needed for the satellite of The Beacon Folkestone.  In particular, the buildings would be more suited to pupils with ASD and a combination of SLD/MLD. 

We are planning to deliver the satellite in phases.  Phase one would see complete refurbishment of the Compass Centre, to provide an Early Years and Key Stage One block with outdoor play space, and further enabling works such as: a drop off and pick up area, car parking for staff, visitors and taxis/minibuses and the removal of the ROSLA building.  The addition of the enabling works at this point will increase the capital outlay required during the first phase, reducing it in further phases.