Decision Maker: Cabinet Member - Health and Wellbeing
Decision status: For Determination
Is Key decision?: No
Is subject to call in?: Yes
Sefton Council have received a proposal from the Probation Service, Northwest under the Community Rehabilitation Service department, who commission and contract manage funding available for specialist service provision to co-commission rehabilitative and resettlement activity for substance users in the borough.
It is proposed to use funding identified for Sefton to develop a Substance Misuse Navigator role within the existing current provider of Substance Use: Assessment, Treatment and Recovery Services,Change Grow Live (CGL). The Navigator role is intended to reduce offending and support better resettlement and rehabilitative outcomes for Sefton residents.
The funding is from the Ministry of Justice (MoJ) via Her Majesty’s Prison & Probation Service (HMPPS) – Probation Service Northwest. A total sum of £311,548 has been identified for Sefton. This is three-year funding running from April 2023 to March 2026, the breakdown is as follows:
The probation service is proposing to transfer the funding to Sefton Council under a Memorandum of Understanding which will be agreed and signed by both parties. Sefton Council will via a contract variation transfer the funding to the local provider CGL to undertake the additional responsibility to expand the service to support integrated work with probation.
The Contract Procedure Rules require the authorisation of a Cabinet Member to allocate £311,548 to the current provider of Substance Use: Assessment, Treatment and Recovery Services CGL.
There is provision for this transfer via a contract variation under Regulation 72 of the Public Contract Regulations which states:
“Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:
The proposal is for a variation modification in accordance with Reg 72 1
(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, or
(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.
The Council was not aware of the funding at the initial procurement stage of the local service in April 2021.
The current provider CGL has in place criminal justice pathways for the intended cohort which this intervention will enhance and build upon.
There is a risk of duplication of services and costs should another provider be procured. Also, a delay in commencement and potential loss of some or all of year 1 (2023/4) funding.
The total funding does not exceed 50% of the value of the original contract.
(1) The proposed contract variation to the current contract with Change, Grow, Live be approved.
(2) Authority be delegated to the Head of Health and Wellbeing / Director of Public Health to formalise the agreement to add via a contract variation an additional £311,548 to the contract with CGL for the provision of Substance Use: Assessment, Treatment and Recovery Services.
Reasons for the Decision(s):
· The allocation of £311,548 is to support reducing offending and improving rehabilitative outcomes for the local substance use population.
· The pathway will be easier and less confusing for potential beneficiaries to navigate with a single provider.
· Some beneficiaries will already have established relationships with the existing service provider.
· The proposal involves enhancing existing criminal justice interventions provided by the current service and avoids potential duplication.
· The alternative would result in delays in the commencement and a financial costs.
Alternative Options Considered and Rejected: (including any Risk Implications)
The other option would be for Probation to undertake a competitive tender process to deliver the intervention and this has been rejected due to economic and operational reasons. Also, this approach aligns with the cross-governmental drugs strategy and the introduction of the Commissioning Quality Standard, which should ensure that all relevant local stakeholders are willing and able to join in commissioning partnerships.
Publication date: 14/03/2023
Date of decision: 14/03/2023
Effective from: 23/03/2023