Proposed decision
Direct award of the contract, under the Framework Y24008, for the delivery of the Community Equipment Service
Reason for the decision
The Council has a statutory obligation to provide the community equipment service to support people with health and/or social care needs following discharge from hospital as detailed within the Care Act 2014.
The Kent Community Equipment Service (“KCES”) plays an essential role for both Health and Social Care in meeting the needs of Kent residents and has a significant impact on the smooth functioning of acute and community health services. Failure, even for a relatively brief period of time of the KCES would have severe and far-reaching consequences for people who use the service.
The decision may not be reasonably deferred because failure of the KCES contract, and therefore not having continuity of service provision, would detrimentally impact; the Council’s ability to deliver against their statutory duties; delay hospital discharge; increase hospital admission; be a real risk to individuals and therefore safeguarding; increase pressure on Mental Health and Carers’ services; and have a potential impact on increased costs to the health and social care sector. The timelines for securing continued service delivery do not allow for compliance with normal Executive Decision-making notice periods and arrangements.
Options (other options considered but discarded)
Various options including retendering the services on the open market and awarding short term contracts for replacement services have been considered but these were not taken forward due to the need to have continuity of provision to meet statutory obligations under the Care Act 2014
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
The proposed decision aligns to ‘‘Framing Kent’s Future – Our Council Strategy 2022 – 2026’ and will narrow the gaps in outcomes between different parts of Kent with a particular focus on providing the right type of equipment to improve life in deprived communities.
Decision type: Key
Decision status: Recommendations Approved
Notice of proposed decision first published: 31/07/2025
This decision will be taken under urgency procedures.
Reason for urgency:
The decision may not be reasonably deferred because failure of the KCES contract, and therefore not having continuity of service provision, would detrimentally impact; the Council’s ability to deliver against their statutory duties; delay hospital discharge; increase hospital admission; be a real risk to individuals and therefore safeguarding; increase pressure on Mental Health and Carers’ services; and have a potential impact on increased costs to the health and social care sector. The timelines for securing continued service delivery do not allow for compliance with normal Executive Decision-making notice periods and arrangements.
Anticipated restriction: Fully exempt - View reasons
Decision due: 30 Aug 2025 by Cabinet Member for Adult Social Care and Public Health
Reason: The Decision was taken under urgency procedure
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 Email: simon.mitchell@kent.gov.uk.
Consultees
Due to the urgency of this decision no formal Cabinet Committee consultation has been undertaken – views from the relevant Members will be sought and included in the decision paperwork. The decision will be reported in retrospect to the Adult Social Care and Public Health Cabinet Committee on 10 September 2025
Financial implications: This is a demand-led service and activity can fluctuate as can other variables within the contract such as delivery times/costs. The total value for the length of the five-year contract term awarded was up to £82.5m, increasing to £115.5m if the two-year extension option was implemented, the approximate split of the contract is 53% Health, 25% Joint and 22% KCC. It is anticipated that this value may increase based on activity and the implications of a change of provider.
Legal implications: The Council has a statutory obligation to provide the community equipment service to support people with health and/or social care needs following discharge from hospital ss detailed within the Care Act 2014. The Kent Commercial Services’ Integrated Community Care Equipment and Associated Services Framework (Y24008) allows for customers to place their orders via either direct award or further competition. KCC can direct award by placing an order with any capable supplier on the framework, without re-opening competition, by satisfying that any one of the following conditions have been met: • KCC is satisfied that, following their own due diligence, they can identify the supplier that offers best value for their requirement; • The supplier is able to supply the required goods/services within the customers timescales; or • The supplier achieved the highest total score during the evaluation process
Equalities implications: Equalities implications: A new Equality Impact Assessment (EQIA) has been carried out. The EQIA shows no substantive change given that the purpose of the decision is to secure continued service provision with minimal change impact on people who use the service. The EqIA will be monitored as part of ongoing implementation. Data Protection implications: A new DPIA has been carried out given and a data sharing agreement will be entered into with the replacement supplier prior to any sharing of customer data.