URL: https://cmttpublic.cheshirewestandchester.gov.uk/ieDecisionDetails.aspx?ID=1930

Decision Maker: Fairer Futures Portfolio Holder (including Poverty, Public Health and Mental Health)

Outcome:

Is Key Decision?: No

Is Callable In?: Yes

Purpose: The report sets out the rationale for amending a previously determined Cabinet decision of 15 November 2023 to award the 0 -19 Starting Well Service to Cheshire and Wirral NHS Foundation Trust (CWP) under a cooperative partnership arrangement under the Public Contract Regulations 2015, to now direct award a contract for the same services to CWP under the Provider Selection Regime framework instead, as a result of legislative changes.

Content: The report sets out the rationale for amending a previously determined Cabinet decision of 15 November 2023 to award the 0 -19 Starting Well Service to Cheshire and Wirral NHS Foundation Trust (CWP) under a cooperative partnership arrangement under the Public Contract Regulations 2015, to now direct award a contract for the same services to CWP under the Provider Selection Regime framework instead, as a result of legislative changes. That:   1)    the change from cooperative partnership arrangement to procurement under the Provider Selection Regime Direct Award C of the Starting Well Service be approved; and 2)    the direct award of the 0-19 Starting Well Service to Cheshire and Wirral NHS Foundation Trust (CWP) from 1 July 2025 under the Provider Selection Regime (PSR), Direct Award C process, for a 2-year period be approved. 1)            At the point of decision in November 2023, the implementation of the new legislation known as the Provider Selection Regime (PSR), which aims to streamline health-related procurements, was in question, as draft Regulations had only been laid before Parliament the previous month (19 October 2023). The Council therefore felt confident at the time that the parties would proceed under the horizontal public collaboration exemption contained within Regulation 12(7) of the Public Contract Regulations 2015 and enter into a contract for the 0 – 19 Starting Well Service without a competitive procurement to create certainty for both parties to commence work on the new service. External legal advice was sought to support this position. 2)            The PSR was implemented with effect from 1 January 2024. If a procurement relates to healthcare services, it must be procured under the PSR which follows slightly different processes to the current Public Contract Regulations (PCR) 2015 and the upcoming replacement procurement legislation for non-healthcare related services. Advice from the Council’s Legal team is that proceeding with a cooperative partnership arrangement under PCR 2015 now, a significant time after the original decision, is therefore high risk and the Council should award a contract under PSR. 3)            A direct award to CWP until 1 July 2027 will allow the time to undertake coproduction and engagement to seek views on proposed future use of the children’s centre estate, which forms part of the Starting Well Service. 4)            To undertake a robust transformation of the service enabling the Council to manage efficiencies and deliver innovation, whilst at the same time, ensure the service meets the needs of the population. 5)            To work with the Cheshire and Merseyside Integrated Care Board to identify opportunities to jointly commission in the Starting Well priority area to achieve better outcomes for children, young people and families. The Council must now use the PSR to secure healthcare related services, including the Starting Well Service. Under the PSR, there is an option to run a competitive procurement process, however there is not sufficient time to do this before the current contract runs out on 30 May 2025.

Date of Decision: December 6, 2024