Issue details

24/00033 - Coroners Removals and Transfer Service Contract

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).

 

Decision type: Key

Reason Key: Affects more than two Electoral Divisions;

Decision status: Recommendations Approved

Division affected: (All Division);

Notice of proposed decision first published: 07/05/2024

Decision due: Not before 5th Jun 2024 by Cabinet Member for Community and Regulatory Services
Reason: To allow 28 day notice period required under Executive Decision regulations

Lead member: Cabinet Member for Community and Regulatory Services

Lead director: Stephanie Holt-Castle

Department: Growth, Environment & Transport

Contact: Belinda Hooker, Acting Head of Coroner Service Email: Belinda.Hooker@kent.gov.uk Email: belinda.hooker@kent.gov.uk.

Consultees

The proposed decision was considered and endorsed by the Growth, Economic Development and Communities Cabinet Committee on 14th May 2024.

Financial implications: - This requirement is funded from the existing Coroners service revenue budget. A recharge arrangement is in place with Medway Council, to recoup some of the cost to provide the coroner service across this area. - Contract spend will vary depending on volumes required (and where these occur in the County). Based on historic spend, the anticipated total value for all Coroners Removals and Transfer Contracts is c.£800k per year. The indicative Contract cost (based on historic volumes) is £2.4m (£4m should all potential extension periods be taken). - Payment to Suppliers is made in arrears based on removals and transfers satisfactorily completed; financial risk to the Council is therefore limited.

Legal implications: 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. 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

Equalities implications: Equalities implications: An EqIA has been undertaken. Impacts are considered low. Data Protection implications: A DPIA is not required.

Decisions