Agenda item

Report of Interim Corporate Director of Children and Education Services

Charlotte Dodds, Commissioning Lead Officer, introduced the Children’s Advocacy and Independent Visitor Service report, highlighting the following information:

a)  for noting, since the report was published, Nottinghamshire County Council has slightly changed their figures. There will be an additional £28,000 in block funding per annum, on top of the £200,000 outlined in the report, and a further unconfirmed amount which may be available from 2026/27. The updated figures will be included in the tender, so it would be permissible under procurement regulations should they secure that funding;

b)  this report seeks approval for the joint commissioning of a Children’s Advocacy and Independent Visitor Service with Nottinghamshire County Council, on a five-year contract (with an initial three years with the option to extend it to 2030);

c)  the service will provide issue-based advocacy for children in care, with advocates regularly visiting children and young people in residential homes and champion their wishes and views, Independent Persons for secure accommodation review panels, and Independent Visitors who befriend children in care and act as an adult role model;

d)  currently, Nottingham City Council and Nottinghamshire County Council hold separate contracts with the same provider. Both have provision to extend these contracts to 2026, however the incumbent provider does not wish to extend these contracts. The provider has stated that holding the contracts jointly allows for efficiency savings;

e)  the current contract is out of line with government guidance, which recommends that young people aged 16 and 17 who may be homeless should have access to an independent advocate during their Joint Housing Assessment interview process. There is also updated guidance related to advocacy for Looked-After Children, Children in Need and Care Leavers, which the new contract will meet on a payment by activity basis to ensure Best Value;

f)  a consultation was undertaken through a tender process in 2022, including consultation with the Children in Care Council. It is hoped that the contract opportunity will be advertised through an open tender process in late September / early October, ready for the new contract start date in April 2025.

During subsequent discussion and in response to questions from the Committee, the following points were made:

g)  there should not be any risk that Nottinghamshire County Council would not approve the joint commissioning approach, as they have been securing additional funding;

h)  the Nottinghamshire County Council funding element has been updated, but the Nottingham City Council funding element remains as in the report.

Subject to Nottinghamshire County Council’s approval to spend up to £1,190,000 or more for the purposes of a joint Nottingham City Council and Nottinghamshire County Council Children’s Advocacy and Independent Visitor Service, with a maximum contracts value of £1,681,000 (or more, depending on any further approved spending by Nottinghamshire County Council) and appropriate Spend Control Board approval for Nottingham City spend, resolved to:

(1)  approve Nottingham City Council’s spend of up to £491,000 over a maximum 5 year contractual term for the above purpose;

(2)  delegate authority to the Director of Commissioning and Partnerships or Head of Personalisation, Quality and Contracting as appropriate, on behalf of Nottingham City Council, to:

  i.  procure, award and enter into a contract / agreement for the above purpose for an initial 3-year period (1 April 2025 – March 2028), with the option to extend for a further 2-year period to 30 March 2030;

  ii.  enter into a Collaboration Agreement with Nottinghamshire County Council for the duration of the above contract, agree and sign the contract documentation relating to the service, save for either agreement being required to be executed as a deed, which shall be executed on behalf of Nottingham City Council by the Director for Legal and Governance / Head of Legal and Governance.

Reasons for decision

i)  The incumbent provider of the Children’s Advocacy and Independent Visitor Service has advised they will not be agreeing to an extension of their contract beyond March 2025, therefore a tender is required to secure a new service provider from April 2025 onwards;

j)  all Children in Care, Children in Need and Care Leavers, and when children and young people are subject of a Child Protection Plan and the local authority is considering care proceedings, have the right to an independent advocacy service;

k)  provision of an Independent Visitor for Children in Care is a statutory duty;

l)  government guidance recommends that homeless young people aged 16 and 17 should have access to an independent advocate during their Joint Housing Assessment interview process;

m)  the incumbent provider has stated they were able to make cost efficiencies due to holdings contracts with both Nottingham City and Nottinghamshire County, so commissioning a joint service will ensure NCC continue to benefit from these efficiencies. It has been agreed that Nottingham City will lead the procurement of the service on behalf of both local authorities.

Other options considered

n)  Do nothing, and allow the Children’s Advocacy and Independent Visitor service contract to terminate without securing a new service. This would leave the authority’s statutory duty to provide such a service unfulfilled, and would be contrary to government guidance regarding homeless young people aged 16 and 17;

o)  to procure a service that supports only Children in Care and homeless 16- and 17-year olds, but does not support Children in Need, Care Leavers, and children and young people subject to child protections. This would be contrary to government guidance;

p)  to procure a Children’s Advocacy and Independent Visitor Service for Nottingham City only. This was not recommended, as there would be a risk that City and County would secure contracts with different organisations, losing the opportunity to secure current and future efficiencies related to a joint approach. This would not achieve Best Value, and would likely see an increase in the cost of the service, or reduce the service offer, impacting vulnerable children and young people.