Proposed Decision:
To approve the commissioning of the Sexual Health Services from 1 April 2026 up to no later than 31st March 2031
Reason for the decision
Kent County Council (KCC) has a statutory duty to provide certain sexual health services as per Section 6 of The Local Authorities (Public Health Functions and Entry to Premises by Local Health Watch Representatives) Regulations 2013. These include the three broad responsibilities of:
I. Testing and treatment for sexually transmitted infections (STIs) excluding the treatment of Human Immunodeficiency Virus (HIV).
II. Advice on, and reasonable access to a broad range of contraceptive substances and appliances.
III. General advice and promotion of key messages to enable positive sexual health outcomes and to prevent ill sexual health.
STIs and unplanned pregnancies are significant contributors to poor health outcomes, and provision of these statutory services plays an important role in reducing the negative consequences and costs of ill sexual health.
Several sexual health service contracts are due to expire on 31 March 2026 and therefore a key decision is required to plan for beyond this date to ensure KCC is compliant with its statutory duties.
KCC is currently in a partnership arrangement with our East Kent and West Kent Integrated Sexual Health Service providers, however, due to changes in procurement legislation, this contractual option is no longer available and therefore the services need to be re-procured.
Background
The provision of sexual health services aligns with national strategies such as the Women’s Health Strategy for England by the Department of Health and Social Care (2022) and delivers to the Public Health Outcomes Framework, which aims to focus commissioned service delivery on areas which will have a positive impact upon public health outcomes for the population.
Locally, the provision of the services supports the Kent and Medway Integrated Care Strategy and delivers the recently published Kent Sexual Health Needs Assessment 2024
The sexual health service contracts in scope of this decision, which are due to expire on 31 March 2026, are:
·
West Kent Specialist Integrated Sexual Health
Service including HIV treatment and care (Maidstone, Gravesend,
Dartford, Tonbridge & Malling, Tunbridge Wells, Sevenoaks)
– Provided by Maidstone and Tunbridge Wells NHS Trust (MTW).
The contract commenced on 1 April 2019.
·
East Kent Specialist Integrated Sexual Health
Service including HIV treatment and care (Swale, Canterbury,
Thanet, Dover, Folkestone & Hythe, Ashford) – Provided by
Kent Community Health NHS Foundation Trust (KCHFT). The contract
commenced on 1 April 2020.
·
Psychosexual Therapy (Kent wide) – Provided by
KCHFT. The contract commenced on 1 April 2020.
·
Community Pharmacy Sexual Heath Service (Kent wide)
– Sub-contracted to Kent pharmacies by KCHFT. The contract
commenced on 1 April 2020.
· Online STI Testing service (Kent wide) – E-Bureau patient management team provided by MTW, the contract for testing kits and laboratory access is sub-contracted to Preventx by MTW. The contract commenced on 1 April 2019.
NHS England (NHSE) has had a long-standing statutory obligation to provide HIV treatment and care services. To promote a more integrated approach and seamless patient experience, KCC entered into a Section 75 agreement with NHSE to incorporate HIV treatment and care services into the KCC commissioned sexual health service offer. The agreement started in 2020 and has been renewed on an annual basis. In the financial year 2025/26, the statutory responsibility for commissioning HIV treatment and care services is transferring from NHSE to the Kent and Medway Integrated Care Board (ICB). KCC will continue to deliver a Section 75 agreement with the ICB to continue providing these services.
Options for re-commissioning sexual health services including the recommended option and discarded options
A comprehensive review of those services funded by the ringfenced Public Health Grant has been undertaken as part of a transformation programme. The programme has been designed toimprove service delivery to communities, ensure that services are efficient, evidence-based, deliver outcomes and best value.
An options appraisal was developed which considered a range of changes to the service delivery model, based on collaboration with key stakeholders, a peer review exercise, a public insights report and a review of the marketplace.
Preferred Option
The recommended option identified is to retain these services to ensure the council meets its statutory obligation, but to utilise the learning from the engagement with stakeholders to enhance delivery in future contracts, creating a more uniform and equitable approach to delivery across West and East Kent.
Future
service model principles are:
Options considered but rejected included:
The contracts for the service will run for a maximum of 5 years. Procurement and legal advice is being sought as to the permissible lengths of each of the contracts.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
Locally, the services support the levelling up agenda and integrated model of care outlined in the KCC strategic plan 2022-26 (Framing Kent’s Future).
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
The proposed decision supports Securing Kent’s Future 2022-2026 as a full review of options has been completed that included and prioritised best value, alongside ensuring our statutory minimum duty has been reviewed.
How the proposed decision supports the Kent and Medway Integrated Care Strategy
Kent and Medway Integrated Care Strategy
Sexual Health services, in collaboration with partners across the system, contribute to the Kent and Medway Integrated Care Strategy by supporting happy and healthy living for all through a preventative and early identification approach to STIs. Furthermore, this decision specifically will allow for greater focus on reducing health inequalities. Sexual health also supports giving young people the best start in life through health promotion and prevention elements of the contracts. Finally, services aim to empower patients and carers through the contributions to improvement in health and care services.
Decision type: Key
Decision status: For Determination
Notice of proposed decision first published: 24/06/2025
Decision due: Not before 23rd Jul 2025 by Cabinet Member for Adult Social Care and Public Health
Reason: To allow 28 day notice period required under Executive Decision regulations
Lead member: Cabinet Member for Economic Development
Lead director: Dr Anjan Ghosh
Department: Social Care, Health & Wellbeing
Contact: Vicky Tovey, Assistant Director of Integrated Commissioning Email: Victoria.Tovey@kent.gov.uk Email: victoria.tovey@kent.gov.uk.
Consultees
The proposed decision will be considered at the Adult Social Care and Public Health Cabinet Committee on 8th July 2025.
Financial implications: The funding will come from the ring-fenced Public Health Grant provided to KCC by the Department of Health and Social Care and from the ICB for the HIV treatment and care element. It is estimated that a maximum financial commitment across the proposed maximum contract term of five years of service contracts will be £70.3m
Legal implications: Under the Health and Social Care Act 2012, Directors of Public Health (DPH) in upper tier (UTLA) and unitary (ULA) local authorities have a specific duty to protect and enhance the population’s health. KCC commissions these services as part of its statutory responsibilities and as a condition of its Public Health grant. The recommissioning of these services will fall under the Provider Selection Regime (PSR) regulations introduced under the Health and Care Act 2022. Appropriate legal advice is being sought to support application of the relevant legislation.
Equalities implications: Equalities implications An Equalities Impact Assessment (EqIA) has been undertaken. The EqIA found the impact of this work to be positive, with no negative impacts. Services will continue to play a key role in supporting a reduction in health inequalities and improving the health of the Kent population. Services will continue to aim to increase the number of people supported from underserved groups, to tackle health inequalities which exist among high-risk populations and all areas of deprivation. Data Protection implications General Data Protection Regulations are part of current service documentation for the contract and there is a Schedule of Processing, Personal Data and Data Subjects confirming who is data controller/ processor. A joint Data Protection Impact Assessment (DPIA) will be completed by KCC in conjunction with the providers. The DPIA will be continuously updated following contract award and prior to the contract commencement date.