Agenda item

7.1

The purpose of the report was to request an extension of 12 months to the current Advocacy Services contract which was due to expire March 31^st 2022, to meet its statutory duties.

This report highlighted the importance of ensuring continuity of advocacy services in a way that meets the needs of the people of Sheffield who require this service by extending the current contract whilst also allowing officers to assess the impact of key legislation changes on advocacy training and practice. 

In addition, this report explored suggested changes to the scope of the Advocacy Services contract in line with engagement and feedback from key stakeholders.

7.2

RESOLVED: That Co-operative Executive:-

1)    Approve the extension of the Sheffield Advocacy Hub  contract by 12 months so that the Council can continue to meet its statutory duties under the Care Act 2014, Mental Health Act 2007, the Health and Social Care Act 2012 and the Mental Capacity Act 2005, as outlined within the report;

2)    To the extent not already delegated to them by the Leader’s Scheme of Delegation, delegate authority to the Executive Director of People, in consultation with the Director of Legal and Governance and Director of Finance and Commercial Services to prepare and execute all required documentation and take steps to implement the recommendations and the proposals as outlined within the report; and

3)    Notes that sufficient time is allocated to allow officers to measure the impact of the amendments to the Mental Capacity Act 2005 from April 2022 which in turn will have a direct impact on how Advocacy Services are delivered nationally as outlined in the report.

7.3

Reasons for Decision

7.3.1

Should the contract expire without re-tender or extension, then we would be unable to contract any further Advocacy services via the existing contracting arrangements.

7.3.2

We will be unable therefore to apply in an equitable manner our Statutory duty under the Care Act 2014, Mental Capacity Act 2005, The Health and Social Care Act 2012 and the Mental Health Act 2007 to maintain a stable and sustainable care market.

7.3.3

A 12-month extension will ensure that alongside measuring the impact of the legislation change we will be able to adhere to the 6-month procurement lead in time required.

7.4

Alternatives Considered and Rejected

7.4.1

A light touch retender was considered instead of an extension; however, this was not supported by Legal or Commercial Services as it was seen as being non-compliant with the Public Contracts Regulations 2015, given the size of the market and cost.

7.5

Any Interest Declared or Dispensation Granted

None

7.6

Reason for Exemption if Public/Press Excluded During Consideration

None

7.7

Respective Director Responsible for Implementation

Executive Director, People Services

7.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

Healthier Communities and Adult Social Care Scrutiny and Policy Development Committee

7.1

The purpose of the report was to request an extension of 12 months to the current Advocacy Services contract which was due to expire March 31^st 2022, to meet its statutory duties.

This report highlighted the importance of ensuring continuity of advocacy services in a way that meets the needs of the people of Sheffield who require this service by extending the current contract whilst also allowing officers to assess the impact of key legislation changes on advocacy training and practice. 

In addition, this report explored suggested changes to the scope of the Advocacy Services contract in line with engagement and feedback from key stakeholders.

7.2

RESOLVED: That Co-operative Executive:-

1)    Approve the extension of the Sheffield Advocacy Hub  contract by 12 months so that the Council can continue to meet its statutory duties under the Care Act 2014, Mental Health Act 2007, the Health and Social Care Act 2012 and the Mental Capacity Act 2005, as outlined within the report;

2)    To the extent not already delegated to them by the Leader’s Scheme of Delegation, delegate authority to the Executive Director of People, in consultation with the Director of Legal and Governance and Director of Finance and Commercial Services to prepare and execute all required documentation and take steps to implement the recommendations and the proposals as outlined within the report; and

3)    Notes that sufficient time is allocated to allow officers to measure the impact of the amendments to the Mental Capacity Act 2005 from April 2022 which in turn will have a direct impact on how Advocacy Services are delivered nationally as outlined in the report.

7.3

Reasons for Decision

7.3.1

Should the contract expire without re-tender or extension, then we would be unable to contract any further Advocacy services via the existing contracting arrangements.

7.3.2

We will be unable therefore to apply in an equitable manner our Statutory duty under the Care Act 2014, Mental Capacity Act 2005, The Health and Social Care Act 2012 and the Mental Health Act 2007 to maintain a stable and sustainable care market.

7.3.3

A 12-month extension will ensure that alongside measuring the impact of the legislation change we will be able to adhere to the 6-month procurement lead in time required.

7.4

Alternatives Considered and Rejected

7.4.1

A light touch retender was considered instead of an extension; however, this was not supported by Legal or Commercial Services as it was seen as being non-compliant with the Public Contracts Regulations 2015, given the size of the market and cost.

7.5

Any Interest Declared or Dispensation Granted

None

7.6

Reason for Exemption if Public/Press Excluded During Consideration

None

7.7

Respective Director Responsible for Implementation

Executive Director, People Services

7.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

Healthier Communities and Adult Social Care Scrutiny and Policy Development Committee