The Executive Director Health & Social Care, Interim Executive Director Childrens Services, and Executive Director Resources have decided to extend the contract with Halton Borough Council for Positive Behaviour Support Service.

URL: https://councillors.knowsley.gov.uk/ieDecisionDetails.aspx?ID=7475

Decision Maker: Executive Director Health & Social Care (Sarah Smith), Interim Executive Director Childrens Services (Hilary Brooks) & Executive Director Resources (Stephan Van Arendsen)

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:   The purpose of the report is to seek approval in accordance with Public Contract Regulations 2015, Regulation 72(1)(b), to modify the contract with Halton borough Council for Positive Behaviour Support Service Services contract by extending their term from 1 July 2025 to 30 June 2026.   This modification is justified as the requirements ofPublic Contract Regulations 2015 Regulation 72(1)(b) are met as follows:   72.—(1) Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:—     (b)      for additional works, services or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor—   (i)       cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement, and   (ii)       would cause significant inconvenience or substantial duplication of costs for the contracting authority, provided that any increase in price does not exceed 50% of the value of the original contract;   There is a requirement for the existing contract to be extended to ensure a full and through review of the existing service has been conducted. Within the next 12 months the future service may be commissioned on a joint basis with some local authorities within the Cheshire and Merseyside ICB but work on this has recently been halted due to a NHS England funding review. To tender this service on a one year basis would not be practical or safe with regards to the transfer of existing vulnerable service users.  Aside from the uncertainty regarding the plans in relation to a joint commission there is still a requirement to have a Positive Behaviour Service in some form.    The economic reason for not retendering this service is that the existing provider is offering good value for money and a retender would not yield a lower price for this service.  If a new provider was identified, which is unlikely for a 12 month contract, there would be a period of mobilisation which would mean a reduction in service therefore a reduction in contract value.  Therefore, the requirement of 72.1 (b) (i) has been met.   A retender would also be a significant inconvenience to the delivery of the service due to the length of contract available, this would be work for both the existing provider, commissioning and procurement which would be of no economic advantage or offer any improvement to the existing service.  Therefore the requirement of 72.1 (b) (ii) has been met.   An extension of the existing contract means a review and retender can happen in a timely manner and complex individuals can be transferred to any potential new service in a timely and safe manner.    The total value of this modification is less than 50% of the original contract value.

Content:   The purpose of the report is to seek approval in accordance with Public Contract Regulations 2015, Regulation 72(1)(b), to modify the contract with Halton borough Council for Positive Behaviour Support Service Services contract by extending their term from 1 July 2025 to 30 June 2026.   This modification is justified as the requirements ofPublic Contract Regulations 2015 Regulation 72(1)(b) are met as follows:   72.—(1) Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:—     (b)      for additional works, services or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor—   (i)       cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement, and   (ii)       would cause significant inconvenience or substantial duplication of costs for the contracting authority, provided that any increase in price does not exceed 50% of the value of the original contract;   There is a requirement for the existing contract to be extended to ensure a full and through review of the existing service has been conducted. Within the next 12 months the future service may be commissioned on a joint basis with some local authorities within the Cheshire and Merseyside ICB but work on this has recently been halted due to a NHS England funding review. To tender this service on a one year basis would not be practical or safe with regards to the transfer of existing vulnerable service users.  Aside from the uncertainty regarding the plans in relation to a joint commission there is still a requirement to have a Positive Behaviour Service in some form.    The economic reason for not retendering this service is that the existing provider is offering good value for money and a retender would not yield a lower price for this service.  If a new provider was identified, which is unlikely for a 12 month contract, there would be a period of mobilisation which would mean a reduction in service therefore a reduction in contract value.  Therefore, the requirement of 72.1 (b) (i) has been met.   A retender would also be a significant inconvenience to the delivery of the service due to the length of contract available, this would be work for both the existing provider, commissioning and procurement which would be of no economic advantage or offer any improvement to the existing service.  Therefore the requirement of 72.1 (b) (ii) has been met.   An extension of the existing contract means a review and retender can happen in a timely manner and complex individuals can be transferred to any potential new service in a timely and safe manner.    The total value of this modification is less than 50% of the original contract value. (i)       That, in accordance with Public Contract Regulations 2015, Regulation 72(1)(b), the contract with Halton Borough Councilfor Positive Behaviour Support Service be modified by extending the term from 1 July 2025 to 30 June 2026 to allow a full review of the service to take place and potentially align the service with a new Cheshire and Merseyside contract; and   (ii)       That the Procurement Team be authorised to issue the relevant contract modification documentation. Do Nothing: This option was considered and rejected due to vulnerability of the service users that the provider is currently working with and the need for the service to support individuals with behaviour that challenges, and to prevent them escalating into hospital.     Seek Competition (Quotation / Tender): A competitive exercise at this stage would not be beneficial, as it would cause disruption to the existing service users, and as this would only be for one year, would not be likely to attract many other providers, as there are few providers in the market who can offer a service at this level.  Therefore, this would be of no economic benefit and would cause significant inconvenience to the Council, Knowsley Place, service users and their families.   Direct Award of Contract: As Halton Council is not on the Liverpool City Region framework this option was not available through that route.  In addition to this there was not time to fully complete this exercise.   No other options have been considered.

Date of Decision: July 10, 2025