Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1 This report describes a tendering process to establish a framework agreement that will have within it a list of accredited providers to provide support services over a four year period, as Supported Living Schemes are developed. The support provider will provide a service that reflects people's choices.

1.2 They will work with service users to help them achieve their goals and develop independence. The tender process will stimulate market development and the value of the contracts although not quantifiable at this stage, has the potential to attract new providers to Hampshire.

1.3 This report seeks approval to tender for a framework agreement to supply domiciliary and support workers for people with a learning disability who are living in their own homes. The contracts would be for 2 years with an option to extend for a further two years one year at a time (2+1+1).

1.4 Executive Member approval is required due to the expected value of the services and the nature of the framework agreement.

2. Contextual information

2.1 Adult Services is faced with a rising number of people with increasingly complex care needs. The system for providing social care for adults is being transformed so that the emphasis is on the individual's dignity, right to self-determination, choice, control and power over the support services they receive. Supported Living (supporting people to live in their own homes) has been identified as the best option offering the choice, control, independence, security and flexibility for those who choose this option. ( Executive Member Decision 718, July 2009).

2.2 Valuing People Now (2009) states that people with a learning disability should have choice about where they live, who they live with, and how they are supported. As many people as possible should be enabled to live in their own home with appropriate support (supported living). Supported Living has been identified as the best option offering the mix of choice, control, independence, security and flexibility, where the support provider provides a service that reflects the persons choices.

2.3 Support will be provided through a domiciliary or support work agency and the support provided will be expected to enable people with learning disabilities to develop their independence, realise their potential, and, over time, reduce their dependency on statutory support. The aim is to create opportunities for people with a learning disability to have the same experience as other citizens and to live and play a part in their local community.

2.4 The domiciliary/support work agency will provide a service that reflects the persons choices. They will work with individuals to help them to achieve their goals and develop independence. The tender process which is designed to establish a framework of providers for a programmed development of services, should attract new providers into Hampshire.

2.5 In Hampshire 37% of the adults with a learning disability who currently receive a funded service from Adult Services, live in residential care. In order to facilitate choice, a range of alternative support models need to be developed. The current support market in Hampshire is dominated by residential care provision. Whilst there is a relatively large domiciliary/support work market, there are only a few organisations with proven experience of delivering support to people with complex and/or challenging needs.

2.6 It is acknowledged that, in order to offer choice to all individuals with a learning disability, the domiciliary and support worker market needs to be expanded and developed. A comprehensive mapping of the current market and analysis of the support needs of people with a learning disability living in Hampshire has identified the following:

a) Specific areas of Hampshire where there is a limited competition

b) A lack of specialist domiciliary/support work for people with complex needs/challenging behavior/autism

c) There are 5 dominant providers who collectively control 50% of the market

d) The need to offer specific workforce development and training to providers in line with needs and aspirations of individuals with a learning disability

e) The current procurement arrangements (in the absence of a Framework) limit the ability to provide responsive and flexible service provision.

2.7 This report describes a tendering process to establish a framework agreement that will have within it a list of accredited providers to provide support services over a four year period, as the Supported Living Schemes are developed. The support provider will provide a service that reflects people's choices.

2.8 The support provider will work with the service users to help them achieve their goals and develop independence. The tender process will stimulate market development and the value of the contracts although not quantifiable at this stage, has the potential to attract new providers to Hampshire.

3. Contracting for Personalised Outcomes

3.1 `Putting People First' sets out a vision and commitment for the transformation of social care, part of this vision was to extend the choice and control through self directed support and personal budgets.

3.2 To achieve this, personal budgets must be accessible to all and a choice of personalised services must be made available. This will require a change in the Departments contracting approach and practices, ensuring that quality, personalised services are available for people to choose from.

3.3 The development of outcomes focused Framework Agreements are integral to the provision of services in a more flexible and personalised way.

3.4 A framework agreement is a general term for agreements with providers, who have gone through a full tendering process. It sets out the terms and conditions under which specific purchases can be made without placing any contractual obligations on the department.

3.5 However once the framework has been established new providers cannot be included within the framework for the duration of the contract.

3.6 There are two types of framework agreements.

Call Offs - where the terms of the framework have providers services with clearly identified costs, where `call offs' can be made without the need to reopen competition

Mini Competition - where the terms of the framework do not have providers services with costs attached. Providers are subject to a `mini competition' where they need to demonstrate how they would meet individuals outcomes as identified through the support planning process.

3.7 A National tender process will be conducted to establish a framework agreement that will include a number of providers who will provide support and domiciliary care services. Any contract awarded following a `mini competition' will be to provide support within an annual budget rather than being for a fixed number of hours.

3.8 Within the contractual terms and conditions of any contract awarded, will be the requirement for providers to offer Individual Service Funds (ISF's)

4. What is an Individual Service Fund

4.1 It is a money management option for personal budget holders who choose not to direct all or some of their support through a direct payment. The council lodges the money with a provider on an individual's behalf ensuring that they have maximum control over any support provided. It is held by the providers on an individual's behalf that is restricted for use on that person's support.

4.2 An ISF is a sum of money for which the time, task and type of support has not been predetermined. The individual is encouraged and supported to work with the provider to decide in detail on how any forms of support are provided. The terms and conditions of the contracts will stipulate that the providers are required to account for the spending on an individual basis.

4.3 The ISF can be for some or all of the available budget, however some individuals may have a number of ISF's with different providers or indeed may have a combination of ISF's and direct payments.

4.4 The ISF is portable, that is the individual can choose to use the money in a different way or even with a different provider. The terms and conditions within the framework agreement will ensure that it includes details of how the ISF can be ended and will include a period of notice.

4.5 An ISF is a means by which an individual who decides not to have a direct payment can access new or existing contracts in a person centred way without having the responsibility of direct budget management responsibilities.

4.6 Where individuals lack mental capacity to make relevant decisions, the Council will need to consider making an application for a Deputy to be appointed.

5. The Tender Process

5.1 Invitations to tender will be advertised both locally and nationally to stimulate market development and introduce new providers into Hampshire County Council.

5.2 Providers will be subject to a full tendering process. An evaluation criteria will be designed and developed with operational, commissioning and contracting staff, with service users involved in key areas of the evaluation and interview stages. Those providers who are successful at the evaluation and interview stages will then be placed onto the framework agreement.

5.3 The strategic plan is to move away from residential models of care to person centred and outcomes focused support in the person's own home. Support packages will be determined with the individual, or group of individuals and the framework will enable `mini competitions' to be run, to identify suitable service providers, rather than going through a full tendering process.

5.4 Anonymised person centred information, taken from support plans or reviews will be used in `mini competitions' to determine which provider from within the framework contract will offer support to an individual or a group of individuals. This information along with confirmation of the indicative allocation will be sent to providers who will be required to reply with a plan for how they will support the individual or individuals.

6. Service User Involvement

6.1 Service users will be directly engaged in the development and design of the service specifications and the new framework contracts.

6.2 Individuals and families will be involved throughout the process, evaluating bids and determining which provider will deliver the support.

6.3 A service user and carer representative group will be involved throughout the process of determining providers who meet the criteria to join the Framework.

7. Legal

7.1 The proposals are compliant with the County Councils Standing Orders and European Union Directives.

8. Financial Considerations

8.1 Once the framework has been established there will be a reduction in tendering costs through the use of `mini competitions'. It is anticipated that the collective value of care packages arranged via the framework for those service users opting for supported living, will be in excess of £6m.

8.2 There will be potential savings in process and transaction costs as a result of establishing a framework agreement.

9. Risk Assessment

9.1 Risk: High quality providers will not tender for the service.

Resolution: By offering contracting opportunities over a four year period we are providing security for prospective providers and an opportunity to re-shape the business to meet this person centred approach. A nationwide advert will be placed and we hope to stimulate interest among new providers who could also enhance the local LD market.

9.2 Risk: Providers on the Framework will not meet the expectations of the service users.
Resolution: The interview process will seek to identify providers who have the structure, experience and desire to deliver services to this highly personalised model. Hampshire County Council will manage risk through adult protection, monitoring and safeguarding procedures.

9.3 Risk: Once the framework has been established new providers cannot be included during the lifetime of the contract. There is a risk that a number of businesses may not survive during the current financial climate and we could be left with a monopoly of providers.

Resolution: By advertising nationally it is anticipated that this will generate a significant response from the market. A recent tender advertised nationally, attracted 65 expressions of interest.

9.4 Risk; By lodging the Individual Service Fund with the provider there is the risk of financial abuse;

Resolution: If the service user lacks mental capacity to manage their finances the Council will need to consider making an application for a Deputy to be appointed.

10. Personnel Implications

10.1 There are no personnel implications for Hampshire County Council arising from the report

11. Impact Assessment

11.1 In preparing this report account has been taken of the requirements of the Corporate Equalities Plan and Race Scheme. The specification will outline the key principles, in that no-one will be treated less favourably on the grounds of gender, ethnicity, religious beliefs or disability. Tenders will be evaluated against this criteria.

11.2 The drafting of the new specification will also ensure that the needs and aspirations of service users are fully met in line with the Personalisation agenda.

12. Performance Implications

12.1 The framework agreement will reflect the County's strategic approach to meeting the National Indicator 145 `'Adults with a learning disability in settled accommodation'', part of Public Service Agreement16.

13. Conclusions

13.1 The domiciliary/support work agency will provide a service that reflects the persons choices. They will work with individuals to help them to achieve their goals and develop independence. The tender process which is designed to establish a framework of providers for a programmed development of services, should attract new providers into Hampshire.

13.2 Providers will be subject to a full tendering process. An evaluation criteria will be designed and developed with operational, commissioning and contracting staff with service users involved in key areas of the evaluation and interview stages. Those providers who are successful at the evaluation and interview stages will then be place onto the framework agreement.

14. Recommendation

14.1 That the Executive Member approve a full tendering process to establish a framework agreement to supply domiciliary and support workers for people with a learning disability who are living in their own homes. The contracts would be for two years with an option to extend for a further two years, one year at a time (2+1+1).

CORPORATE OR LEGAL INFORMATION:

Links to the Corporate Strategy

Other Significant Links

IMPACT ASSESSMENTS:

1. Equalities Impact Assessment:

1.1. In preparing this report, account has been taken of the requirements of the Corporate Equalities Plan and Race Scheme. The contract ensures that the provider will perform their duties with due regard, to eliminate unlawful discrimination and to promote equality of opportunity for all people and to promote good relationships between different racial groups.

2. Impact on Crime and Disorder:

2.1. The County Council has a legal obligation under Section 17 of the Crime and Disorder Act 1998 to consider the impact of all decisions it makes on the prevention of crime

No Impact

3. Climate Change:

a) How does what is being proposed impact on our carbon footprint / energy consumption?

As more service users move from residential care to supported accommodation, there will be a shift to providing day care opportunities within their own homes and local community. This potentially reduces the need for transport and lessens the impact on our carbon footprint

b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts?

Consideration has been given in the longer term to reduce transportation