Purpose

PA23 allows the direct award of ‘User Choice Contracts’. These are Light Touch services contracts (social, community, educational and cultural related services) for the benefit of a particular individual (end user) for which there is a ground for a direct award where certain conditions are met:
• The end user or their carer has expressed a preference as to which supplier should provide the services or there is only one supplier capable of providing the service; and
• The contracting authority considers that a competitive tendering procedure would not be in the best interests of the end user.
The Local Authority has consulted with a range of local maintained and academy schools and carefully considered the responses received. Through this process, the Local Authority has not identified a suitable placement available to meet Child K's assessed needs for the commencement of the 2026/27 academic year.

In reaching its decision, the Local Authority has had regard to parental preference under Section 9 of the Education Act 1996, relevant case law, and its statutory duties under the Children and Families Act 2014 and Education Act 1996.
Whilst a wider market exercise could be undertaken, the Local Authority considers that delaying a placement decision pending further procurement activity would create a risk that suitable educational provision is not secured in time for September 2026. The Local Authority considers this would not be in Child K's best interests and could compromise its ability to discharge
its statutory duties.
The Procurement Act 2023 permits the direct award of a User Choice Contract where a parent has expressed a preference for a particular provider and a competitive procurement exercise would not be in the best interests of the individual. Having considered the circumstances of this case, Burton Hathow Preparatory School has been identified as an appropriate placement capable of meeting Child K's assessed needs and a direct award is considered appropriate to secure continuity of education.

The placement will remain subject to review through the statutory annual review process and at the end of Key Stage 2
The annual contracted value is £28,345. The total expected overall contract value is £198,564

Decision

That the Executive Director of Children’s Services approves), in consultation with the Executive Councillor for Children’s Services, the direct award of a contract to the chosen setting
for Child ‘K’ under ‘User Choice Contracts’, which is provided for under the Procurement Act 2023 (PA23), and supports the Local Authority’s statutory duty to maintain suitable education under Section 42 Children and Families Act (CFA) 2014 and Section 19
Education Act (EA) 1996.

Alternative options considered

• Do nothing – Rejected as this would risk the Local Authority failing to discharge its duties under Section 42 of the Children and Families Act 2014 and Section 19 of the Education Act 1996.
• Undertake a competitive procurement exercise – Rejected as this would delay the confirmation of educational provision required for September 2026. The Local Authority considers that such a delay would not be in Child K's best interests and would create a risk that suitable provision is not secured in time.
• Name an alternative maintained mainstream placement – Rejected as consultations with local maintained and academy schools have not identified a placement able to meet Child K's assessed needs.