Decision

For the reasons set out in this report, the
Corporate Director is recommended to:
Authorise the following contracts to be
novated from Harbour Healthcare 1 Ltd.
(Company Number 08062705) to Lotus Care Kingswood
Manor Ltd (Company Number 15454443) following completion of
the transfer of Kingswood Manor Care Home between the parties:
a)   
All individual placement contracts entered into under Residential
and Nursing Home Contract framework agreement (contract reference
DN219765), prior to its expiry on 22 January 2023.
b)   
All individual placement contracts subsequently entered into since
23 January 2023. 
 

Alternative options considered

1.1         
Whilst the Council has supported the current provider to identify
potential care organisations that might be interested in taking
over operation of the care home, it has not been involved in the
selection of Lotus Care Ltd. This is a commercial decision led by
the outgoing provider.  This report
outlines the proposal to novate existing contracts to the new
provider, which is required to ensure the continuation of the care
and support of the affected residents. 
The only alternative option the Council considered would have been
to refuse the request to novate the contract.  This would most likely have either resulted in the
proposed transfer not progressing, potentially creating a risk of
closure of the care home and the requirement to move the existing
residents, or alternatively the transfer may have proceeded, but
the Council would have to relocate its existing
residents.  This option was discounted
on the basis that it would have denied the Council access to a
supply of older people’s general nursing beds that it needs
to discharge its duties and would have likely had a significant
negative impact on residents, their families and staff working at
the service.