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Proposed decision:
Extension of current Kent Advocacy Hub and Mental Health Assessment contracts for a period of up to four months;
Award contracts to successful providers for the provision of Community Services Contracts (Mental Health Assessment and Independent Advocacy Services);
Delegate authority to the Corporate Director 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; and
Delegate authority to the Corporate Director Adult Social Care and Health, in consultation with the Cabinet Member for Adult Social Care and Public Health and the Corporate Director Finance, to agree the relevant contract extensions as required.
Reason for the decision:
The Authority has statutory duties to deliver independent advocacy services under the Mental Capacity Act (amended 2019), the Mental Health Act (2007), the Health and Social Care Act (2012) and the Care Act (2014), across all categories of need, including to young people in transition to adult services. The contract awards ensure the council meets the requirements of Advocacy, Deprivation of Liberty Safeguards and Liberty Protection Safeguards.
Decision No. 22/00004 was taken on 9 February 2022 to tender for new Advocacy Services contracts. The council’s current contracts for Independent Advocacy Services and Mental Health Assessment Services both expire on the 31 March 2023.
A procurement process is underway to replace these contracts to ensure the continuation of the statutory services that they provide. The extension to the current contracts for Independent Advocacy Services and Mental Health Assessment Services will allow for a period of transition between contracts as may be required to ensure that Kent citizens are not adversely affected by the change.
Alternatives considered and rejected:
Do nothing: the contracts will end on 31 March 2023 with the Authority still obligated to deliver statutory functions, but these will be at increased cost, spot purchased, and deliver inconsistent and fragmented services.
Extend the current contracts for a longer period: This offers limited scope to develop the service in the future and as it does not comply with the Public Procurement Regulations (2015), increasing the risk of challenge to do so.
Data Protection implications:
A Data Protection Impact Assessment will be completed as part of the contract mobilisation process.
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: 07/03/2023
Anticipated restriction: Part exempt -
Decision due: Not before 5th Apr 2023 by Cabinet Member for Adult Social Care and Public Health
Lead member: Cabinet Member for Adult Social Care and Public Health
Lead director: Richard Smith
Department: Social Care, Health & Wellbeing
Contact: Simon Mitchell, Senior Commissioner 03000 417156 Email: simon.mitchell@kent.gov.uk.
Consultees
The proposed decision was discussed at the Adult Social Care Cabinet Committee on 15 March 2023 and the recommendations were endorsed.
Financial implications: Independent Advocacy Services: The contract will be awarded for a period of 36 months with two optional extension periods of 12 months each. The annual value of Independent Advocacy Services is £1,599,400 (£7,797,000 total, including potential contract extension periods) Mental Health Assessment Services: The contract will be awarded for a period of 12 months with an optional extension period of a further 12 months. Although the contract will not give any guarantees to the value of the services as it is a demand-led service, the estimated annual value to the council is £420,000 (£840,000 including the potential contract extension period).
Legal implications: The procurement process has been conducted in accordance with Public Contracting Regulations 2015. Contract extension periods are being recommended under Regulation 72(c) of the Public Contract Regulations 2015, fulfilling the following conditions: (i)the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen; (ii)the modification does not alter the overall nature of the contract; (iii)any increase in price does not exceed 50% of the value of the original contract or framework agreement.
Equalities implications: An Equality Impact Assessment (EqIA) scoping has been undertaken, with no issues identified. An EqIA will be included the decision paperwork.