Purpose

Since September 2011, the Council has commissioned an online counselling support service for children and young people (CYP) to provide accessible and timely mental health support.
Following competitive tender processes, LCC contracted Kooth Digital Health Ltd. to deliver this service. The initial contract commenced in September 2011 following a pilot initiative, with subsequent procurements in March 2013, January 2018, and January 2024.
The current contract began on 1st April 2024 and is due to end 31st August 2026. The Council and ICB are still agreeing future funding and recommissioning options, which have been delayed primarily due to significant changes to staffing, structure and governance within the NHS commissioning arena as ICBs transition to a new cluster governance model. Longer-term funding and recommissioning discussions are under consideration as part of system-wide decision-making, which will not conclude in time to allow due diligence and re-procurement.
To maintain continuity, £112,000 of one-off ICB funding has been identified to extend the current contract for four months to 31st December 2026, allowing time for a decision to be made by the Derby/shire, Lincolnshire and Nottingham/shire (DLN) ICB cluster Joint Commissioning Executive Group (JCEG) regarding future funding and recommissioning from January 2027. There will be no material change to the CYP online counselling service provided through the existing contract and the agreed hours per month is consistent with current service usage in Lincolnshire.
It would not be feasible to undertake a procurement in
accordance with the Council’s Contract and Procurement Procedure Rules due to the short length of the extension and risk to continuity of the service for current users. In any event, subject to future commissioning requirements, the service could be commissioned using the Provider Selection Regime under the Procurement Act 2023.

Decision

The Executive Director for Children’s Services, in consultation with the Executive Councillor for Children’s Services, approves an exception to the Council’s Contract and Procurement Procedure Rules (CPPRs) to allow the extension of the existing contract with Kooth Digital Health Ltd via a direct award, in order to continue the service in Lincolnshire for a further 4
months at a cost of £112,000 (excluding VAT).

Alternative options considered

Do nothing: Allowing the contract to end on 31 August 2026, following the previously agreed five-month extension, would result in no continuation of an online counselling and mental health support offer for CYP in Lincolnshire. Commissioners would need to work with the provider to manage an exit from the service within this timeframe. This would not allow sufficient time for cluster ICB decision-making on future commissioning arrangements to take place, nor for appropriate signposting to alternative support and resources to be developed and implemented.
Insourcing: This is not a feasible option because Lincolnshire County Council (and local partners) lack the infrastructure and clinical capacity/workforce to deliver a local digital/online solution within this financial envelope.
Open competitive procurement: Longer-term funding and recommissioning of an online counselling support service in Lincolnshire is currently being considered as part of formal system-wide decision-making processes. While progress has been made, including completion of public consultation and development of a joint paper with Derby/shire and Nottingham/shire for consideration by the Joint Commissioning Executive Group, decisions will not be concluded in time to undertake the required due diligence or allow sufficient timescales for any potential re-procurement activity.
A short-term extension is required to enable completion of cluster ICB decision-making and to ensure continuity of service.
Kooth Digital Health Ltd. was awarded the current contract through an open competitive tender process and has held a contract in Lincolnshire through successive procurement exercises since 2011. It would not be feasible to undertake a procurement in accordance with the Council’s Contract and Procurement Procedure Rules within the limited timeframe of the proposed extension, and doing so would present a significant risk to continuity of the service for current users.