Agenda item - Recommissioning of Independent Advocacy Services for Adults - key decision

Agenda item

Recommissioning of Independent Advocacy Services for Adults - key decision

Joint report of Corporate Director for People and Director for Procurement and Commissioning

Minutes:

Councillor Woodings, Portfolio Holder for Adult Social Care and Health, introduced the report.

 

Melody Hinds, Commissioning Officer, presented the report and stated the following:

 

a)  Local Authorities are under several statutory duties to provide independent advocacy services for adults. The current service, known as ‘Your Voice, Your Choice’, was jointly commissioned by Nottinghamshire County Council and Nottingham City Council and is delivered by POhWER;

 

b)  the existing contract expires, following previous extensions, on 30 September 2023 and, therefore need to be re-commissioned;

 

c)  Nottinghamshire County Council will be the lead authority on procurement of the recommissioned services and it is proposed to enter a Collaboration Agreement, which sets out the framework for collaboration and outlines each partner’s roles and responsibilities in the recommissioning;

 

d)  Executive approval is required for the City Council’s spend of the allocated budget, entering into a Collaboration Agreement, engaging in a joint tender process, and entering an appropriate single provider framework agreement and call-off agreements with the successful provider.

 

Resolved

 

(1)  to approve undertaking a tender process for a single provider framework to deliver Independent Advocacy Services for Adults until September 2032 (an initial 5 years, with an option to call off a further 4 years) with a maximum value of £2,322,342;

 

(2)  to delegated authority to the:

 

(a)   Director of Commissioning and Partnerships to:

 

(i)  enter into a Collaborative Agreement with Nottinghamshire County Council for the recommissioning of Independent Advocacy Services for Adults;

 

(ii)  approve the tender process for the Independent Advocacy Service for Adults;

 

(b)  Head of Procurement to enter into an appropriate Framework Agreement andaward and sign call-off contracts as appropriate.

 

Reasons for recommendations

 

Councils have a statutory responsibility to ensure the availability of advocacy services for vulnerable adults. These are jointly commissioned at present with Nottinghamshire County Council. The current contract ensures both authorities advocacy requirements are met but it expires in September 2023 following previous extensions. Both Nottingham City and Nottinghamshire County Council need to recommission the provision of services after September 2023.

 

The purpose of the Collaboration Agreement is to set out the roles and responsibilities of each partner organisation and to outline accountability arrangements, financial contributions and dispute resolutions.

 

Continuing to commission the service jointly with Nottinghamshire County Council will ensure advocacy provision is equitable across a Nottinghamshire/Nottingham-wide footprint and will offer economies of scale and comply with the best value duty.

 

A Single Provider Framework will enable the necessary contracts in the proposed period, to be called-off to ensure all current statutory requirements in relation to advocacy are met. A Single Provider Framework will allow Councils to call off individual service requirements as appropriate under the terms outlined in the Framework with the provider, without the need for further competition. A maximum 4-year contract length in each case has been determined as appropriate for the services in question.

 

Nottingham City Council would therefore not be overcommitting nor be bound to a long-term financial commitmentThis type of Framework also gives the Councils the opportunity to call-off contracts in the future that may be necessary to meet new or changing requirements without the need for a further competition. Anticipated changes are due to the implementation of Liberty Protection Safeguards (LPS) and changes to the Mental Capacity Act (2005) around Independent Mental Capacity Advocacy (IMCA).

 

A single provider or a partnership arrangement working on a lead/sub basis with a single point of access, will ensure the delivery of a consistent service across the City and County. It will also ensure a simpler service offer for people requiring advocacy; as well as professionals making referrals, than would be achievable through a multi-supplier framework.

 

As a service governed by the light touch procurement regime, a Framework duration of 5 years is proposed to provide flexibility for the implementation of Liberty Protection Safeguards (LPS) and the awaited changes to the Mental Capacity (2005).

 

A proposed maximum duration of 4 years call-off contract, towards the end of the 5 years would allow for full implementation of the above changes and for the provider along with all stakeholders to embed the new practices and the opportunity to measure early indicators of impact. As the advocacy services are a statutory regulation, this duration offers stability to the market and the ability to award call off contracts to enable a consistent approach.

 

Other options considered

 

Not to procure an independent advocacy service for adults. This is not an option, as this would mean the councils would fail to meet their statutory duties.

 

To extend the contract to continue the service with the current provider. This is not an option, as all extension options in the current contract have been utilised.

 

Different services for specific forms of advocacy, which would involve separate contracts with different providers. This was discounted as it could lead to the services being disjointed and small contracts are more susceptible to staffing problems and service disruption. There would be limited capacity to flex delivery to meet fluctuating demand.

Supporting documents: