Agenda item

The Director of Public Health to present a report which sets out options for the re-procurement of sexual health and contraception services, with a view to entering into new contractual arrangements for up to 10 years once the current contracts have come to an end in June 2024.

Resolved:  (i)       That Option 3 be approved and that:

a)   negotiations be commenced to enter into a Section 75 Partnership Agreement with York and Scarborough Hospital NHS Trust under Section 75 of the National Health Services Act 2006; and

b)   authority be delegated to the Director of Public Health, in consultation with the Director of Governance or his delegated officers, to take such steps as are necessary to agree, award and enter into the resulting agreement to commence from 1 July 2024.

(ii)      That, in the event that the Section 75 arrangements cannot be agreed or are not viable, approval be given, in consultation with the Executive Member for Adult Social Care and Health, to carry out an appropriate procurement process, and authority be delegated to the Director of Public Health (in consultation with the Director of Governance or his delegated officers) to take such steps as are necessary to procure, award and enter into the resulting contract.

(iii)     That approval be given to establish a Joint Management Board between the Council and the Trust to oversee the development of the Section 75 Partnership Agreement and develop a joint accountability framework.

(iv)     That authority be delegated to the Director of Public Health to manage the contract and monitor performance and outcomes, including any variations and planned extensions, in consultation with appropriate officers and the Executive Member with the portfolio for public health, as per City of York Council policies and procedures.

Reason:     To allow the council to continue to work collaboratively to deliver a high quality and trusted sexual health service that meets the needs of residents, taking an approach that will secure the future of the service provision at a time of constrained budgets and workforce challenges and ensure that the service is sustainable over the next 10 years.

The Director of Public Health presented a report which set out options for the re-procurement of sexual health and contraception services, with a view to entering into new contractual arrangements for up to 10 years, after expiry of the current contracts in June 2024.

Currently, Integrated Sexual Health Services (ISHS) were commissioned from York & Scarborough Hospital NHS Trust (the Trust) and Long Acting Reversible Contraception (LARC) services from Nimbuscare Ltd, the latter under a Section 75 Partnership Agreement with the Integrated Care Board (ICB).  The proposal was to end that agreement, return responsibility for fitting LARC for gynaecological reasons to the ICB, and enter into a new Section 75 Agreement with the Trust for integrated services, to include the fitting of LARC for contraception purposes. 

Three options were available, as detailed in paragraphs 24-35 of the report and summarised briefly below:

Option 1 – not to approve either a re-procurement process or a Section 75 approach.  Not recommended, as this would mean the council would not fulfil its statutory duty.

Option 2 – approach the market to re-procure services through competitive tender.  Not recommended, due to significant risk that it could result in the council being unable to award a contract.

Option 3 – enter into a Section 75 Agreement with the Trust for an integrated sexual health and contraception service, as recommended.

The Executive Member for Adult Social Care & Public Health welcomed the report and supported the proposals, noting that the Public Health Grant Allocation from which the services were funded was inadequate, being subject a cut in real terms this year.

Resolved:  (i)       That Option 3 be approved and that:

a)   negotiations be commenced to enter into a Section 75 Partnership Agreement with York and Scarborough Hospital NHS Trust under Section 75 of the National Health Services Act 2006; and

b)   authority be delegated to the Director of Public Health, in consultation with the Director of Governance or his delegated officers, to take such steps as are necessary to agree, award and enter into the resulting agreement to commence from 1 July 2024.

(ii)      That, in the event that the Section 75 arrangements cannot be agreed or are not viable, approval be given, in consultation with the Executive Member for Adult Social Care and Health, to carry out an appropriate procurement process, and authority be delegated to the Director of Public Health (in consultation with the Director of Governance or his delegated officers) to take such steps as are necessary to procure, award and enter into the resulting contract.

(iii)     That approval be given to establish a Joint Management Board between the Council and the Trust to oversee the development of the Section 75 Partnership Agreement and develop a joint accountability framework.

(iv)     That authority be delegated to the Director of Public Health to manage the contract and monitor performance and outcomes, including any variations and planned extensions, in consultation with appropriate officers and the Executive Member with the portfolio for public health, as per City of York Council policies and procedures.

Reason:     To allow the council to continue to work collaboratively to deliver a high quality and trusted sexual health service that meets the needs of residents, taking an approach that will secure the future of the service provision at a time of constrained budgets and workforce challenges and ensure that the service is sustainable over the next 10 years.