Agenda and minutes

Contact: Fiona Rae, Acting Committees Manager  3541, Email: fiona.rae@haringey.gov.uk

Items
No. Item

1.

Apologies for absence

To receive any apologies for absence.

Minutes:

There were no apologies for absence.

2.

Declarations of interest

A member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered:

 

(i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and

(ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room.

 

A member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members’ Interests or the subject of a pending notification must notify the Monitoring Officer of the interest within 28 days of the disclosure.

 

Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 5-7 and Appendix A of the Members’ Code of Conduct

Minutes:

There were no declarations of interest.

3.

Award of contract for the Provision of Positive Behaviour Support (PBS) Service - Care and Support for Person A pdf icon PDF 380 KB

The Chair of Overview and Scrutiny has been informed that it was impracticable to give 28 days’ notice of the decision. This decision was originally included on the Forward Plan for decision between 5 March 2022 and 18 March 2022.

 

This decision seeks to provide Positive behaviour support (PBS) which is a person-centred framework for providing long-term support to people with a learning disability, and/or autism, including those with mental health conditions, who have, or may be at risk of developing, behaviours that challenge. It is a blend of person-centred values and behavioural science and uses evidence to inform decision-making

 

As this decision relates to the specific needs of an individual and it highly personalised, some additional time was required to ensure that the arrangements would be appropriate. As such, the timeframe has been updated and it is highlighted that a timely decision is required in order to ensure that appropriate arrangements are in place for this individual.

 

Given the above, it is not practicable to comply with the 28-day notice requirement in Part Four, Section D, Rule 13 of the constitution. This is set out in Part Four, Section D, Rule 16, of the Constitution.

Minutes:

The Cabinet Member for Health, Social Care, and Well-Being considered the report which detailed the outcome of a mini-competition process conducted via the Council's Adults Supported Living Dynamic Purchasing System (DPS) for Positive Behaviour Support (PBS) Services and sought approval to award a ‘Call-Off’ contract (hereafter Service Agreement) to the successful tenderer (identified in Appendix 1 - Part B (exempt information) of this report) in accordance with the Contract Standing Order (CSO) 9.07.1 (d) and 16.02.

 

The report noted that the successful service provider would deliver the PBS Services to Person A (service user – identified in Appendix 1 – Part B (exempt information) of this report) in a property based in Milton Keynes. The provider would be required to provide care and support as defined by the needs of Person A and be responsible reporting for the Health and Safety of the building to landlord on behalf of Person A.

 

Subject to approval, the Service Agreement would be awarded for a period of (7) seven years commencing from 1April 2022 and (unless terminated earlier in accordance with law, placement breakdown or any provisions within the Supplier Agreement) would remain in force until 31March 2029.

 

Officers highlighted that the start date for the service agreement in the report and recommendations was stated as 1 April 2022 – 31 March 2029. However, as the report was considered for Cabinet Member Signing on 31 March 2022 and would have a statutory call-in period of five working days, the outcome of the procurement process would not be able to be notified until 12 April 2022. Taking into account the timescales required for the provider to sign and given the holiday period, the contract was expected to start on 21 April 2022 and would end on 20 April 2029.

 

The Cabinet Member RESOLVED

 

1.    In accordance with Contract Standing Order 9.071 (d) and 16.02, to approve the award of a Service Agreement to deliver PBS Service care and support to Person A to successful tenderer (identified in Appendix 1 - Part B (exempt information) of this report) for a period of seven (7) years commencing from 21 April 2022 to 20 April 2029 at the estimated cost of £5.1 million (breakdown of cost is described in Appendix 1 – Part B (exempt information) of this report) inclusive of London Living Wage for first 18 months.

 

2.    To vary the contract price annually commencing from 1 October 2023 to provide annual uplift.  The annual price uplift will be capped to a maximum of London Living Wage (LLW) rate of inflationary increase as published by the Living Wage Foundation periodically; and

 

3.    To waive Contract Standing Order (CSO) 9.08.8 (requirement to execute the contract under seal as a deed where value of the contract is above £250,000) as permitted under CSO 10.01.1(a) as the Service Agreements are electronic on the Council's Adults Supported Living Dynamic Purchasing System (DPS).

 

Reasons for decision

 

The decision to award a Service Agreement to the successful tenderer is  ...  view the full minutes text for item 3.

4.

Exclusion of the Press and Public

Item 5 is likely to be subject to a motion to exclude the press and public be from the meeting as it contains exempt information as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paras 3 and 5, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Minutes:

RESOLVED

 

That the press and public be excluded from the remainder of the meeting as item 5 contained exempt information, as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paras 3 and 5, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

5.

EXEMPT - Award of contract for the Provision of Positive Behaviour Support (PBS) Service - Care and Support for Person A

Minutes:

The Cabinet Member considered the exempt information.

 

The Chair of Overview and Scrutiny has been informed that it was impracticable to give 28 days’ notice of the decision. This decision was originally included on the Forward Plan for decision between 5 March 2022 and 18 March 2022. This decision seeks to provide Positive behaviour support (PBS) which is a person-centred framework for providing long-term support to people with a learning disability, and/or autism, including those with mental health conditions, who have, or may be at risk of developing, behaviours that challenge. It is a blend of person-centred values and behavioural science and uses evidence to inform decision-making.

 

As this decision relates to the specific needs of an individual and it highly personalised, some additional time was required to ensure that the arrangements would be appropriate. As such, the timeframe has been updated and it is highlighted that a timely decision is required in order to ensure that appropriate arrangements are in place for this individual.

 

Given the above, it is not practicable to comply with the 28-day notice requirement in Part Four, Section D, Rule 13 of the constitution. This is set out in Part Four, Section D, Rule 16, of the Constitution.