Issue details

Proposed decision –

APPROVE a direct award of the Carers’ Short Breaks contract, for a period of twelve months, from 1 April 2025 to 31 March 2026, in accordance with the relevant justifications set out in Regulation 32(2)(c)of the Public Contract Regulations 2015;

APPROVE a modification in the form of an extension of the contract for a period of twelve months for Community Navigation Services (Part B), from 1 April 2025 to 31 March 2026, in accordance with the relevant justifications set out in Regulation 72 of the Public Contract Regulations 2015;

APPROVE commencement of procurement for a new Carers Support Services contract which combines both Carers’ Short Breaks and Community Navigation Services (Part B);

DELEGATE authority to the Corporate Director 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.

Reason for the decision

Kent County Council has statutory responsibilities under The Care Act 2014 which include assessing the needs of any adult (cared for or carer) with an appearance of need for care and support, and arranging services where appropriate to meet the unmet eligible needs of adults living in Kent. The Community Navigation Services (Part B) and Carers’ Short Breaks contracts support the council to meet this duty.

The current contracts for Community Navigation Services (Part B) and Carers’ Short Breaks expire on 31 March 2025.

The original project plan for procurement of the Carer’s Support Service was scheduled for key decision in September 2024 however due to capacity issues the project was delayed. Work is now progressing on the development of the Carers’ Support Service and to allow this activity to be completed, a twelve month extension of the current contracts until 31 March 2026 is required.

Background – Provide brief additional context

There are many different types of carers and they come from all walks of life, ages, ethnicities, and backgrounds - anyone can find themselves in a caring role at some point in their life. The Care Act 2014 defines a carer as someone in an unpaid role who provides or intends to provide care and/or support to another adult.

The Kent Adult Carers’ Strategy 2022 to 2027 describes how Kent County Council will work with all partners to make changes to improve the experiences of unpaid adult carers in Kent. It was developed in partnership with carers, people who draw on care and support, carers organisations, staff, and county councillors.

Kent’s strategy for Adult Social Care – ‘Making a Difference Every Day Kent Adult Carers’ Strategy sets out the vision: ‘Making a difference every day by supporting and empowering you to live a fulfilling life whilst being a carer, as long as you are willing and able’.

Building on the Kent Adult Carers’ Strategy we want to commission an improved offer for carers. We have been developing proposals for a future model with carers and through engaging with the market.

Leading on from what carers told us, we are considering introducing a single point of access for carers support services that is well promoted and marketed. We will ensure a greater focus on the benefits of completing a carers assessment so we can better understand the needs of carers. We will introduce a more local community based approach ensure the service has a wider reach into all parts of the community across Kent.

Options (other options considered but discarded)

Reprocure the contract within a short timeframe – Preparatory work has already been completed.  This includes a range of co-production activity with carers, engagement with the market and other stakeholders to determine the requirements of the future offer. We would not want to lose the benefits of this work by rushing through a procurement exercise which does not continue to involve and engage stakeholders at every stage of the process. The council is also not assured there are currently reasonable alternatives in the market that could mobilise in such a short space of time.  Additionally, the procurement will be undertaken under the Procurement Act 2023 Regulations, and as the legislation is new, it is important to ensure to ensure that the Council does not undertake a rushed exercise and inadvertently breaches the regulations.

End the contracts on 31 March 2025 - whilst it is recognised that ending these contracts could deliver a significant saving to the council, ending the contract was dismissed at this point for the following reasons:

·       Loss of current support to vulnerable people

·       People accessing the contract may fall into crisis resulting in a high

financial pressure on Kent County Council operational services (negates

possible benefit of saving on the contract value)

·       Increased isolation and loneliness to unpaid carers.

·       Statutory duties non-compliance under the Care Act 2014.

·       Bringing the carers’ assessment responsibility back into the council’s adult social operational teams would incur significant impact on delivery and budget

Spot purchase services - would likely cost the council more money through individual arrangements with providers, lose consistency in service offer and risk oversight and control of the quality of provision. The council would also be in breach of the Procurement Act 2023.

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026

The proposed decision supports Priority 4 of Framing Kent’s Future – New Models of Care and Support and our commitment to reshape our commissioning practice to ensure we build strategic partnerships with our providers, through earlier engagement, more consistent and proactive commissioning practice, and a stronger focus on co-designing services.

How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf

The proposed decision support the service transformation opportunities as set out in Securing Kent’s Future to provide services which meet the needs of Kent’s residents whist meeting the council’s Best Value duty.

Financial Implications ;

The future budget for Carers Support Services is to be agreed between the council and NHS Kent and Medway Integrated Care Board. There are no plans from the council to reduce the budget for Carers’ Support Services.

At the present time the value of the contracts for the extension period is expected to remain the same. The current total annual value of the services is £6,847,446 and this would be the maximum value for the twelve month extension period.

NHS Kent and Medway Integrated Care Board contributes £1,252,704 to the Community Navigation (Part B) contracts and £779,681 to the Carers Short Break Service and has confirmed their commitment to the contract will remain for the extension period.

The proposed contract extensions have no impact on the Medium Term Financial Plan (MTFP) and there are no plans to make savings against these services.

Legal Implications:

Kent County Council has statutory responsibilities under The Care Act 2014 include assessing the needs of any adult (cared for or carer) with an appearance for care and support and arranging services and where appropriate meeting the unmet eligible needs of adults living in Kent.  Where it appears to the local authority that a carer may have needs for support (whether currently or in the future), a carer’s assessment must always be offered.

In summary, the services are necessary and will allow KCC to recommission a new carers offer that better meets the needs of carers.

Regulation 72 (3) of PCR2015, requires Contracting authorities which have modified a contract in either of the cases described under Regulation (1)(b) and (c), should send a notice to that effect for publication, in accordance with Regulation 51. The risk to the council is that an alternate service provider may bring a legal challenge, arguing that the justifications for the modification of the contract, do not satisfy Regulation 72.

Officers will mitigate the risk of such a challenge by publishing a Notice on the central government "Find a Tender Service". This will notify the market of the council's intention to award this contract under Regulation 72 and start the 30 day time limit in which procurement challenges must be brought. This will have the effect of flushing out and/or time-barring any procurement challenge, allowing the council to make the modification with confidence once the 30 day time period has expired.

As the Carers Short Breaks Service has been the subject to a previous direct award under Regulation 32(2)(c)  of PCR 2015, it is recommended that to mitigate the risk of challenge on the grounds of ineffectiveness (Regulation 99), that the Council publishes a VEAT Notice. The Public Contracts Regulations 2015, SI 2015/102, reg 99(3) provides that the above ground for ineffectiveness will not apply if the contracting authority:

·       considers the contract award (without prior publication of a contract notice) to be permitted by the Public Contracts Regulations 2015, SI 2015/102, Pt 2

·       publishes a voluntary transparency notice indicating its intention to enter into the contract, and

·       observes a standstill period of at least ten days beginning with the day after the date the voluntary transparency notice was published.

Commissioners will follow the procurement regulations and Spending the Council’s Money in relation to any procurement that is undertaken.