Purpose

To seek the Cabinet Member’s approval to extend five Adult Care Transport contracts up to 12 months to ensure continuity of provision for vulnerable service users whilst Adult Social Care & Health department undergoes public consultation on proposals for the future of day service provision.To further allow sufficient time for ASCH to review and understand the outcome of the consultation in order to reach decisions about future commissioning requirements for provision of transport to Council run day services.

Decision

That the Cabinet
Member:
 
1)    Approves the extension of five Adult Care Transport contracts, under
Protocol 10 of the Council’s Financial Regulations, up to 12 months to ensure
continuity of provision whilst Adult Social Care & Health Department
undergoes public consultation on proposals for the future of day service
provision, at a maximum cost of £346,210; and
2)   
Notes the requirement
to allow sufficient time for ASCH to review and understand the outcome of the
consultation in order to reach and implement decisions about future
commissioning requirements for provision of transport to Council run day
services.

 

Reasons for the decision

The contracts are managed by the
Place Department on behalf of the ASCH Department for eligible service
users.  All five contracts provide access
to ASCH day service establishments and these centres are the subject of current
public consultations for proposed closure. The proposals are subject to public
feedback and Cabinet consideration of options. 
Therefore, in order not to de-stabilise the consultation process or
disadvantage current service users, these contracts require immediate action to
secure extension periods.

 

This is an exceptional
circumstance due to the live consultation period which coincides with the
termination or imminent termination dates of all five contracts.  Until the outcome of the consultation
exercise is known, ASCH is unclear about future commissioning arrangements for
provision of transport to Council operated day services.

 

Alternative options considered

Option 1: The contracts which are due to
terminate could be re-tendered by Place, but this may be construed as
disingenuous to the supplier market, as currently, ASCH does not know the
outcome of the consultation and what future commissioning arrangements may be
required.  If the Council were to
re-tender the five contracts on a like for like basis now, operators will bid
and if successful, may commit to longer term financial liabilities, such as
vehicle lease arrangements over several years. 
If, after the outcome of the consultation, it is determined that the
newly awarded contracts are not required or need significant variation, the
Council may face a potential legal challenge or reputational damage about being
aware of such potential changes or termination and not being transparent or
fair to the supplier market.  In such a
scenario, it could be envisaged that operators may be seeking financial
compensation from the Council for loss of income.  This option is not a recommended.

 

Option 2: The contracts could end at their
natural expiry date without any re-tendering taking place to replace them.  As well as leading to day care participants
being without access to day services, it could also be construed as predicting
the outcomes of the public consultation and not continuing to provide services.
This would cause harm and distress to day care participants and their families
during the consultation period, as well as exposing the Council to significant
reputational damage and potential costs. 
This option is not a recommended.

 

Option 3: The preferred option is to extend
each of the five contracts at the point in time when they reach their expiry
date, for a period of up to 12 months on the same terms and conditions and for
the same day car participants.  This will
allow for continuity of service delivery as well as allow time for the Council
to evaluate the consultation feedback and propose the future delivery model of
day services.  This option is
recommended.