Agenda and draft minutes

Commissioning and Procurement Executive Committee
Tuesday, 11th March, 2025 9.30 am

Venue: Ground Floor Committee Room - Loxley House, Station Street, Nottingham, NG2 3NG. View directions

Contact: Mark Leavesley 

Items
No. Item

76.

Apologies for absence

Minutes:

Councillors Barnard and Radford - leave

Councillor Jenkins - personal

77.

Declarations of interests

Minutes:

None.

78.

Minutes pdf icon PDF 321 KB

Last meeting held on 11 February 2025 (for confirmation)

Minutes:

The Committee agreed the minutes of the meeting held on 11 February 2025 as a correct record and they were signed by the Chair.

79.

Commercial and Procurement Strategy 2025-29 pdf icon PDF 328 KB

Report of Corporate Director for Finance and Resources

Additional documents:

Minutes:

This item does not contain any decisions that are eligible for call-in.

 

Dawn Cafferty, Head of Procurement, presented the report and stated the following:

 

a)  the report presents the draft Nottingham City Council Commercial and Procurement Strategy for 2025-2029 (included as an appendix to the report);

 

b)  which sets out for citizens, the supplier market and other key stakeholders the strategic aims of the Council to be taken forward through its commercial and procurement activity over the next five years;

 

c)  for the first time, we are bringing together our separate Procurement and Commercial Strategies into a single vision and set of guiding principles covering the full range of our commercial activity;

 

d)  how the Council manages its commercial and procurement activity is central to meeting the significant financial challenges we face, and the delivery of our strategic priorities depends on the efficient and strategic use of our spending power;

 

e)  the Strategy details our vision by applying four overarching aims to our commercial, procurement and contract management activity:

 

·  professional leadership and compliance;

·  best value and continuous improvement;

·  sustainable and fair procurement;

·  supporting local communities.

 

Resolved to adopt the Nottingham City Council Commercial and Procurement Strategy 2025-29, as per the appendix to the report, and note that the outcomes of any future commercial and procurement activity undertaken will be reported to this Committee on an annual basis.

 

Reasons for recommendation

 

a)  How the Council manages its commercial and procurement activity is central to meeting the significant financial challenges we face. It is essential that Nottingham City Council adopts a robust framework for the behaving  commercially in procurement of goods, works and services that will drive the delivery of its strategic priorities within a challenging financial context.

 

b)  When commissioning and procuring services from external organisations we must meet both our Best Value obligations and consider how services improve the economic, social and environmental wellbeing of Nottingham city.

 

c)  The Strategy provides the framework of Council commitments aimed at supporting the delivery of corporate objectives through professional best practice in our commercial and procurement activity. It also complements Council strategies and policies such as Carbon Neutral Nottingham 2028 (CN28) and our Equality Diversity and Inclusion Strategy.

 

d)  The Strategy sets out four overarching aims for our commercial and procurement activity, supported by specific objectives and actions, that will ensure delivery of:

 

·  Professional leadership and compliance: Setting high standards in the way the Council procures and manages contracts and commercial ventures;

·  Best value and continuous improvement:  Aiming to deliver the best overall impact for Nottingham from the public money we spend with suppliers and invest in the Council’s own companies;

 

·  Sustainable and fair procurement: Achieving community benefits by ensuring that the Council’s activities are sustainable and fair;

 

·  Supporting local communities: Achieving community benefits with a focus on the positive impact the Council can have on the Nottingham economy through our commercial and procurement activity.

 

e)  A key purpose of the Strategy is to inform the supplier market of the Council’s strategic objectives  ...  view the full minutes text for item 79.

80.

Highways Procurement Review: 2025 approvals - key decision pdf icon PDF 370 KB

Report of Corporate Director for Communities, Environment and Resident Services

Minutes:

Chris Keane, Head of Highway Services, presented the report and stated the following:

 

a)  the report sought approval to establish procurement arrangements that are essential for:

 

-   supporting Nottingham City’s statutory highway maintenance obligations under Section 41 of the Highways Act 1980;

 

-  facilitating the delivery of highway maintenance and improvement projects and broader public realm programmes;

 

-  enabling access to specialist support services required for various highways-related activities;

 

b)  existing framework arrangements are in place to support highways delivery. However, given the irregular nature of transport grant awards, and the anticipated increase in planned work activity in the coming years, it is crucial to establish new and additional frameworks that meet the needs of the wider directorate of ‘Resident Services’ and other service areas within the Council;

 

c)  this consolidated approach delivers on the corporate procurement policy of a ‘one framework model’, which offers a fast more efficient route to market, at the same time delivering best value. The frameworks will be in place starting in 2025/26 to ensure the Council has compliant delivery options;

 

d)  to prepare for this and ensure continuity of compliant delivery, both in-house and outsourcing options are proposed for the short to medium term. Looking ahead, should the Council choose to strategically explore other delivery models, such as those aligned with the development of a combined authority’s agenda, these can be accommodated. This flexibility is enabled as all current and proposed delivery options are structured under frameworks that do not include any commitment to spend;

 

e)  the framework arrangements will ensure value for money by utilising competitive processes to appoint and manage contractors. This approach will be based on evaluating price, quality, and environmental considerations;

 

f)  the report seeks approval to establish procurement arrangements for the following outsourced work activities and support services:

 

·  delivery - patching (hand lay);

·  Materials - construction materials (aggregates and asphalts);

·  Materials - construction materials (merchants);

·  Services - transport project support (traffic signal design);

·  Services - transport project support (structural engineers);

·  Services - transport project support (bridge inspectors);

·  Services - transport project support (transport business case);

·  Services - drilling, sawing and loop cutting;

·  Hire - hire of excavator with operator;

 

g)  the proposal recommends that frameworks be awarded through processes conducted in accordance with the Council's contract procedure rules, the requirements of the Public Contracts Regulations 2015, and by accessing existing national frameworks where allowed, provided they demonstrate best value. It is anticipated that these frameworks will utilize the NEC 4 suite of construction contracts from the National Engineering Council, or other widely recognised and accepted industry terms. A detailed breakdown of the framework requirements, including the proposed contract durations, is outlined in the appendix to the report;

 

h)  As part of the framework operation, 'call-off' contracts will be awarded for individual projects. To ensure proper oversight of both the framework's operation and the associated 'call-off' arrangements, management will be handled at an operational level by the Highways Contracts and Compliance Team.

 

Resolved

 

(1)  that authority be delegated to the  ...  view the full minutes text for item 80.

81.

Early Years nursery provision in Nottingham City family hubs - key decision pdf icon PDF 402 KB

Report of Corporate Director for Children’s and Education Services

Minutes:

Cath Cameron-Jones, Commissioning Service Manager, presented the report and stated the following:

 

a)  the report sought approval to re-tender the Early Years provision in two Nottingham City Council Family Hubs (Broxtowe and The Meadows) under concession contracts, for a period of 5+2 years starting in September 2025;

 

b)  the new contracts will require providers to contribute to operating costs, instead of offering free places, ensuring long-term sustainability. This decision is informed by:

 

  • a 3.5% decline in childcare providers in Nottingham since 2022;
  • Government expansion of funded childcare entitlements from 2024;
  • the need to retain integrated services for families within Family Hubs;

 

c)  the proposed 5+2 year contract model aligns with best value considerations and ensures market stability, while supporting local employment;

 

d)  the contract value is £5,906,600 for the Meadows and £5,360,600 for Broxtowe (a total of £11,267,200 over 7 years), with a potential income to cover utilities of around £350,000 over the 7 years;

 

e)  the Council currently operates four family hubs, previously known as children’s centres, which offer a range of holistic services to benefit children and families in their respective areas;

 

f)  a children’s centre is defined by Sure Start Statutory Guidance as a place, or group of places, managed by or on behalf of the local authority, to ensure that early childhood services are available in an integrated manner;

 

g)  these centres provide services either on-site or offer advice and assistance on accessing services elsewhere, and they also host activities for young children;

 

h)  two of these hubs include external providers offering Early Years childcare for children aged 0-5 years under concession contracts. One of the hubs is located at the Broxtowe Children’s Centre, serving the Aspley and Bilborough wards, with a capacity for up to 48 children. The other hub is based in The Meadows and can accommodate up to 60 children;

 

i)  the proposed concession contracts have been valued based on the maximum potential turnover for the organisation plus the market rent, which is approximately £17,000 per year per contract (this rent is not charged to the provider);

 

j)  no payment is made by the Council due to this tender, but a full procurement exercise is required to offer this opportunity to the wider market;

 

k)  the current contracts, which were let in 2014 for ten years, with a one-year extension, are set to expire in August 2025. It is proposed that the new contracts commence on 1 September 2025 to align with the new school year;

 

l)  under the Childcare Act 2006, updated in 2016, all Local Authorities have a duty to secure free provision for eligible 2-, 3-, and 4-year-olds and ensure there is sufficient childcare for working parents. While the Local Authority is not responsible for providing childcare directly, it must manage the market to ensure these duties are met;

 

m)  additionally, the Sure Start children’s centres statutory guidance from 2013 requires local authorities, health service commissioners, and Jobcentre Plus to consider providing early childhood services through children’s centres. This is  ...  view the full minutes text for item 81.

82.

Direct Payment Services: Virtual Wallet - key decision pdf icon PDF 609 KB

Report of Corporate Director for Adult Social Care and Health

Minutes:

Deborah Cole, Interim Commissioner, presented the report and stated the following:

 

a)  the report incorrectly lists Councillor Jay Hayes as the Executive Member with responsibility for this proposal, when it should state ‘Councill Neghat Khan, Executive Member for Adult Social Care’;

 

b)  the report sought approval to procure a Virtual Wallet Solution, via Crown Commercial Services, for the delivery of a Direct Payment Service for Nottingham City Council;

 

c)  ‘Virtual Wallet’ is an easy-to-use solution that enables local authorities and NHS organisations to deliver true choice and control to individuals as it simplifies the personal budget process for the funding authority, the individual and their care providers. It also prevents fraud, waste and mistakes, ensures compliance, and saves money. There is also more transparency and control than a pre-paid card solution, and it addresses the lack of Financial Conduct Authority compliance associated with most third-party ‘managed account’ solutions;

 

d)  the service will offer a new holistic approach, bringing together a number of service offers which are currently accessed on an individual basis. It will provide an opportunity to establish a long-term, digital-first, offer that further enables local eligible individuals to access personalised care and support, thereby maximising choice and control and promoting self-directed support planning;

 

e)  Some of the issues / limitations associated with our current model are:

 

  i.  numerous providers, resulting in confusion over the scope of services provided;

  ii.  lack of Monitoring of Direct Payment;

  iii.  top-up payment (FA and Fairer Charging) lack of clarity, and top-up payments not routinely occurring;

  iv.  cost of service delivery more than commissioned service;

  v.  limited buy-in from professionals;

  vi.  lack of Audit;

 

f)  Benefits of the proposal:

 

  i.  to individuals (and/or their nominated representative):

 

·  24/7 real-time access and transparency;

·  no need to open / operate a bank account;

·  no need to maintain / submit receipts;

·  quicker, more timely response and access to support;

·  first-line support service;

 

  ii.  to providers and Personal Assistants:

 

·  ease of access to the eMarketplace and a level playing field to promote their offerings;

·  one consistent way of dealing with direct payments;

·  efficient, automated self-billing creation of invoices;

·  guaranteed payment for products / services provided (no bad debt risk);

·  swift payment;

 

  iii.  Nottingham City Council:

 

·  legislative compliance achieved;

·  eliminated overspend and prevents misspend, fraud, waste, and abuse;

·  full transparency and audit trail of spend at a detailed level (with real-time reporting), minimising audit effort;

·  encourages market diversity and provides market management information;

·  automated clawback of unused funds (in 2024-25, we have already clawed back over £900,000);

·  scalable model with volume-based discounts up to 50%;

·  low cost and low risk commercial model;

 

g)  this arrangement will enable Nottingham City Council to meet its statutory duties whilst also ensuring that Best Value is achieved.

 

Resolved to

 

(1)  approve spend of up to £1,491,728, over a maximum 4 years (2+1+1), on procuring a Virtual Wallet solution, via Crown Commercial Services, for direct payment for citizens with an assessed need under the Care Act 2014, with a commencement date of March 2025;  ...  view the full minutes text for item 82.

83.

Additional Changing Futures Services for Nottingham 2025/26 - key decision pdf icon PDF 499 KB

Report of Corporate Director for Adult Social Care and Health

Additional documents:

Minutes:

Tracey Ford, Changing Futures Senior System Change Commissioning Manager, presented the report and stated the following:

 

a)  Changing Futures Nottingham aims to improve outcomes for people experiencing severe and multiple disadvantages, one of four priorities in the Joint Health and Wellbeing Strategy 2022-25;

 

b)  from 2022 to 2024 it was funded exclusively by the national Changing Futures programme, a partnership between the Ministry of Housing, Communities and Local Government and the National Lottery Community Fund. A new recurrent funding stream was secured from NHS Nottingham and Nottinghamshire Integrated Care Board for 2024/25–2029/30;

 

c)  Ministry of Housing, Communities and Local Government and National Lottery Community Fund funding was due to end on 31 March 2025. However, the programme has now been offered ringfenced funding by the Ministry of Housing, Communities and Local Government / the National Lottery Community Fund for continuation of existing services until March 2026. This will enable retention of current capacity and maximise impact of the programme;

 

d)  a further additional request for funding was made to the East Midlands Probation Service for specific probation focused elements of the programme until September 2026. This award has also been granted;

 

e)  the report requests approvals for receipt and spend of the new awards, and for re-commissioning of the Changing Futures services, additional to the core NHS Nottingham and Nottinghamshire Integrated Care Board funded services, in Nottingham City from 01 April 2025.

 

Resolved to

 

(1)  approve receipt of a ringfenced grant of:

 

(a)   £648,780 from the Ministry of Housing, Communities and Local Government, and £207,377 from the National Lottery Community Fund, both for the period 01 April 2025 to 31 March 2026;

 

(b)  £177,801 from the East Midlands Probation Service for the period 01 April 2025 to 30 September 2026;

 

(2)  approve retention of ringfenced grant accumulated underspend of £413,000 from the Ministry of Housing, Communities and Local Government and the National Lottery Community Fund 2022-24 Changing Futures funding allocation;

 

(3)  delegate authority to Director of Public Health to:

 

(a)   in relation to receipt of the funding as per resolution 1(a) above, enter into a Memorandum of Understanding and grant agreements with the Ministry of Housing, Communities and Local Government (under s31 of the Local Government Act 2003) and the National Lottery Community Fund (under s25 of the National Lottery Act 1993 (as amended));

 

(b)  in relation to receipt of the funding as per resolution 1(b) above, enter into a Memorandum of Understanding with the East Midlands Probation Services;

 

(c)  approve the service model for the commissioning of additional Changing Futures services against the total budget available;

 

(d)  spend (additional to the core Nottinghamshire Integrated Care Board funded services) £1,387,691 from 01 April 2025 to 31 March 2026 on Changing Futures services set out in the indicative budget at appendix A, and £61,210 from 01 April 2026 to 30 September 2026 on probation focused Changing Futures services;

 

(e)  in consultation with appropriate colleagues as necessary, procure, award and enter into new contracts, and modified contracts (as appropriate).

 

Reasons for recommendations  ...  view the full minutes text for item 83.

84.

Substance use treatment grants 2025/26 - key decision pdf icon PDF 367 KB

Report of Corporate Director for Adult Social Care and Health

Minutes:

Tammy Coles, Public Health Principal, presented the report and stated the following:

 

a)  Nottingham’s substance use treatment and recovery system is funded primarily through the Ring Fenced Public Health Grant. Since 2021, additional grant funding has been allocated to Nottingham City Council by the Office of Health Improvement and Disparities, and confirmed until 31 March 2025 to support improvements in the quality and capacity of drug and alcohol treatment and recovery;

 

b)  the Office of Health Improvement and Disparities has allocated indicative grant funding for a further year for the period 1 April 2025 to 31 March 2026. These grants include the Drug and Alcohol Treatment and Recovery Improvement Grant, Inpatient Detoxification Grant and the Individual Placement Support Grant. The allocations remain indicative; and are still subject to Department of Health and Social Care and Treasury approvals and as such final allocations could vary. The Rough Sleeping Treatment Grant element of the Drug and Alcohol Treatment and Recovery Improvement Grant is confirmed;

 

c)  the Office of the Police and Crime Commissioner and the East Midlands Probation Service are commissioning partners, with their funding contributions paying towards the criminal justice pathway element of Nottingham City Council’s existing adult substance use service, Nottingham Recovery Network;

 

d)  the report requests approval to accept the substance use treatment grants for 2025/26, and the partnership funding contributions from the Office of the Police and Crime Commissioner and the East Midlands Probation Service, and approval to spend this funding on the existing substance use treatment and recovery services to meet the conditions of the grants.

 

Resolved to approve

 

(1)  receipt of, for the period 1 April 2025 to 31 March 2026:

 

(a)  the Drug and Alcohol Treatment and Recovery Improvement Grant and Inpatient Detoxification Grant from the Office of Health Improvement and Disparities, up to a maximum value of £4,851,019;

 

(b)  the Individual Placement and Support grant from the Office of Health Improvement and Disparities, up to a maximum value of £173,614;

 

(c)  up to £50,583 from the Office of the Police and Crime Commissioner, as a partner contribution to substance use services, to fund an out of court resolution worker to enable the delivery of diversionary and community caution activity in relation to substance use;

 

(d)  up to £113,000 from the East Midlands Probation Service, as a partner contribution to substance use services, to fund a 12-month extension of an existing criminal justice-specific programme to enhance the existing Dependency and Recovery offer to individuals in prison and on probation in Nottingham City;

 

(2)  spend of, during the period 1 April 2025 to 31 March 2026:

 

(a)  £5,285,275 on substance use services and activity, as per resolutions 1(a) to (d) above;

 

(b)  £97,059 Inpatient Detoxification Grant, through a consortium arrangement of additional inpatient detox beds within the East Midlands;

 

(3)  delegation of authority to agree the service model for the substance use services, against the total budget available, to the Director of Public Health.

 

Reasons for recommendations

 

a)  Nottingham’s alcohol and drug treatment and recovery system  ...  view the full minutes text for item 84.

85.

Fee rates for Adult Social Care Services 2025/26 - key decision pdf icon PDF 322 KB

Report of Corporate Director for Adult Social Care and Health

Minutes:

Karla Banfield, Acting Deputy Director of Commissioning and Partnerships, informed the Committee that this item was being withdrawn to enable further work to be undertaken and it will be re-submitted to a future meeting.

86.

Exclusion of the public

To consider excluding the public from the meeting during consideration of the remaining item in accordance with Section 100A(4) of the Local Government Act 1972 on the basis that, having regard to all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosing the information

Minutes:

In light of the withdrawal of item 10, minute 85, ‘Fee rates for Adult Social Care Services 2025/26’, the exempt item 12, minute 87, ‘Exempt appendices – Fee rates for Adult Social Care Services 2025/26’, was no longer to be considered, therefore the exclusion of the public was not necessary.

87.

Exempt appendices - Fee rates for Adult Social Care Services 2025/26

Additional documents:

Minutes:

In light of the withdrawal of item 10, minute 85, ‘Fee rates for Adult Social Care Services 2025/26’, this item was also withdrawn.