Agenda item

Report of Corporate Director of Resident Services

Jane Lewis, Community Safety Strategy Manager, presented the report, and stated the following:

·  it was proposed that Nottingham City Council (NCC) commissions a framework of providers through a tender process to deliver provision for domestic and sexual violence and abuse (DSVA) and violence against women and girls (VAWG) (the DSVA / VAWG Framework) on behalf of the Domestic and Sexual Violence and Abuse Joint Commissioning Group (DSVA JCG);

·  the JCG comprises of the NCC Crime and Drugs Partnership and Public Health, the Office of the Police and Crime Commissioner, the Violence Reduction Unit, the Integrated Care Board, Changing Futures and Nottinghamshire County Council;

·  the JCG delivers the commissioning element of the ‘Domestic Abuse Act 2021, Part 4’ statutory duty for NCC and reports to the Local Partnership Board for DVA, which is the Crime and Drugs Partnership (CDP) Board;

·  the development of a Public Contract Regulations 2015 regulation 33 framework is recommended in order to ensure that Nottingham City Council is able to select organisations that have been able to demonstrate their qualification to provide specialist DSVA/VAWG services to deliver these services in Nottingham;

·  a framework will also ensure NCC achieve best value (in quality and price) and are compliant with procurement legislation and the Council’s Contract Procedure Rules;

·  the DSVA/VAWG Framework will enable NCC CDP, as lead commissioner within the DVSA Joint Commissioning Group, to jointly commission DSVA and VAWG services for citizens, the funding for which is provided by NCC Public Health and General Funds, the Office of the Police and Crime Commissioner (OPCC) and Integrated Care Board (ICB) secured under a Partnership Agreement between NCC, OPCC and ICB;

·  currently, OPCC and NCC/Public Health each contribute approximately £1m per year. Department of Levelling Up, Housing and Communities New Burdens Funding to support NCC compliance with its statutory duty fluctuates, but is between £800-900k per year, and other national funding to support provision of DVSA services may become available each year of the framework from government and other sources;

·  in the last 4 years, the proposed life of the Framework, NCC received approximately £4m to commission and grant aid domestic and sexual violence and abuse support services. However, the partnership received a greater amount over this time. NCC has a partnership agreement with OPCC and ICB;

·  it is anticipated that the ICB will review its position on funding for DSVA/VAWG services during the lifetime of the framework, and the Partnership Agreement between NCC, OPCC and ICB will enable ICB funding to be incorporated into the framework;

·  it is anticipated that the DSVA/VAWG Framework will be for a maximum term of 4 years, during which time contracts will be awarded by way of call-off for services required. The Lots for the framework are outlined in appendix 1 to the report.

Resolved

(1)  to approve

(i)  the procurement of a 4-year DSVA/VAWG Multi-Supplier Framework of providers of specialist services to ensure compliant future contracting of these services, at a maximum cost of £5m per year (total cost £20million);

(ii)  receipt and spend under the framework in compliance with grant fund conditions of the annual New Burdens Grant for the ‘Domestic Abuse Act 2021, Part 4’ statutory duty from Department of Levelling Up, Housing and Communities for DVA services in Nottingham;

(iii)  receipt and spend under the framework, in compliance with grant fund conditions of national funding for DSVA/VAWG services. Ministry of Justice, Homes England, Home Office, Department of Health and other government departments, during the life of the Framework;

(2)  to delegate authority to the Corporate Director of Resident Services to:

(i)  authorise the spend on call-off contracts under the framework;

(ii)  enter into relevant grant funding agreements arising from resolutions (1)(ii) and (1)(iii) above.

Reasons for recommendations

In recent years, the Ministry for Housing, Communities and Local Government now the Department of Levelling Up, Housing and Communities (DLUHC) and other government departments have awarded local authorities short-term funding (typically on an annual basis) to address Domestic Sexual Violence and Abuse (DSVA) and Violence Against Women and Girls (VAWG), most recently for funding to support compliance with the statutory duty to provide safe accommodation under the Domestic Abuse Act 2021 (“the Statutory Duty”).

It is anticipated that this will continue as the means used by DLUHC & other government departments for the administration of funding for specialist DSVA / VAWG services. DLUHC are awarding New Burdens Grant funding for part 4 of the Statutory Duty to all Local Authorities across the UK. The short term nature of the awards and the expectation for delivery has limited the scope to procure the delivery of services through a competitive tender process to date, for example in 2022 the DLUHC award was provided in February for an April start.

On 12 April 2022 this Committee approved the award of contracts and contract variations for domestic and sexual violence services in 2022-23 and stated that the development of a framework for the commissioning of domestic and sexual violence services to ensure future compliance was required.

The development of a multi-supplier framework (“the DSVA/ VAWG Framework”) will ensure that Nottingham City Council will award contracts to organisations that have demonstrated their suitability through a clear procurement process. The Council’s requirements under a DSVA /VAWG Framework have been organised into lots according to the type of service required. Suppliers may be appointed to a single lot, or more than one lot. (Regulation 46 of the PCR 2015 expressly permits contracting authorities to divide contracts into lots). Each lot requires different Quality Standards, for example a therapeutic service is expected to belong to the British Association of Counselling and Psychotherapy, but a specialist DVA service may require Safe Lives Quality Assurance. To ensure a wide range but appropriate services are able to bid to deliver services, the lots have been clearly defined. This will ensure the most suitable providers will deliver the contracts and the contracts awarded will achieve best value.

The use of a framework to procure services through an open process will also ensure compliance with UK procurement legislation and the Council’s Contract Procedure Rules. At the same time, it will help facilitate compliance with the Statutory Duty and enable joint commissioning, funded through money received under a partnership agreement with the OPCC and Integrated Care Board (formerly the CCG) and the DLUHC New Burdens Grant to NCC.

The delegation of authority to the Corporate Director for Residents Services is sought to enable the timely appointment of providers onto the framework and subsequent award of contracts in accordance with the outcome of the procurement process.

Other options considered

To award contracts through separate procurement processes rather than establishing a framework. This option has been rejected as it will not allow for a compliant process to be undertaken when funding is awarded to the council or other partners and services must be established in a short time scale.

Not to accept funding. This option has been rejected as it will mean NCC is not able to comply with its Statutory Duty under the Domestic Abuse Act 2021.

No other options are being considered as this framework will enable NCC to discharge its Statutory Duty. DLUHC have indicated that failure to spend will result in reduction of future awards. The framework enables NCC to procure qualified providers to deliver DSVA/VAWG services in Nottingham from DLUHC and a range of other funding sources.