Proposed decision – As Cabinet Member for Adult Social Care and Public Health, I agree to the updated service specification for the provision and to the procurement of a replacement provider, using the Urgent Procurement processes to deliver services at the Princess Christian’s Farm and authorise the Corporate Director for Adult Social Care and Health to enter into the necessary contracts following the procurement process and the Director of Infrastructure to finalise the terms of any necessary legal documents including the termination and granting of lease/s to facilitate the service provision Princess Christian’s Farm.
Background and further information
Princess Christian’s Farm is a service contract run by North Kent College under licence following Hadlow College going into administration in 2020. The college have indicated its intention to withdraw from the service in September 2020.
An assessment of the options and market appetite has been completed and the best option for the service users is to identify an alternative provider using a Urgent Competitive Procurement Process.
The full extent of the financial implications is currently being established, but the initial analysis suggests that taking account of the both the revenue and capital implications any new arrangements may exceed £1million through a mix of one-off and recurring costs. The full financial assessment, including charging related implications, will be undertaken alongside the tender process, taking account of both service and property considerations.
As part of the tender process KCC will work with the provider to the develop the appropriate lease/s terms to support the continuation of the service with a new provider. These will be aligned to the service contract.
Legal advice will be sought as the contracts and property agreements are finalised in line with the General Counsel.
An EQIA has been completed. The decision impacts those living with a learning disability and or autism and their families and or carers. As the proposed decision is to replace like for like there are no negative impacts.
A DPIA is not required
Decision type: Key
Reason Key: Expenditure or savings of more than £1m;
Decision status: Recommendations Approved
Division affected: (All Division);
Notice of proposed decision first published: 01/09/2021
This decision will be taken under urgency procedures.
Reason for urgency:
The current provider’s licence to run the service is due to expire on 31st October 2021. Urgent procedures are required to ensure enough time is allowed to award a contract and allow TUPE transfer negotiations before the new provider can take over running of the service.
Awaiting results of the survey to know if the farm was viable for procurement. There was uncertainty on the state of the farm buildings and whether this could have an impact on interested providers. Therefore the results of the survey were required before KCC would be in a position to take an informed decision, with procurement viability having been successfully confirmed.
It was unclear of market interest in taking over the provision / farm. Going to market without gauging interest from the market would have been high risk, especially on the potential impact of those attending the farm, should a new provider not be found.
Decision due: 1 Sep 2021 by Cabinet Member for Adult Social Care and Public Health
Reason: Urgent Decision - immediate implementation
Lead member: Cabinet Member for Adult Social Care and Public Health
Lead director: Richard Smith
Contact: Simon Mitchell, Senior Commissioner Email: simon.mitchell@kent.gov.uk.
Consultees
Urgency process precluded Cabinet Committee consideration prior to decision.
Urgent decision-making process has been followed, including seeking comments from relevant non-Executive Members. Comments provided are shown on the published Record of Decision.
Financial implications: The full extent of the financial implications is currently being established, but the initial analysis suggests that taking account of the both the revenue and capital implications any new arrangements may exceed £1million through a mix of one-off and recurring costs. The full financial assessment, including charging related implications, will be undertaken alongside the tender process, taking account of both service and property considerations.
Legal implications: Contracts and property documents including the withdrawal and implementing new leases will be required to be put in place to support the service requirements. The detail of these will be aligned to the providers proposals. The transaction may also require the transfer of assets including machinery and livestock. External legal advice will be sought in consultation with General Counsel.
Equalities implications: The service at Princess Christian’s Farm is attended by those living with a learning disability and or autism and so any decisions related to the service provision will affect those individuals and or their families/carers. The service is mainly attended by those living in the West Kent area, although there are a few individuals that travel form further afield in Kent or from outside the County. As the proposed decision is to replace the service like for like – no negative implications were found through the EqIA.