Agenda item - Update regarding the Recommission of the current York Reablement service

The purpose of this report is to provide the Executive with an update with regards the recommission of the Reablement Services, and to submit to the Executive for approval a new procurement timetable for the recommission of the Reablement Service.

Resolved:

i. Noted the current progress and delays to the recommissioning of the Reablement Service since the previous report to the Executive attached as Appendix A;

ii. Approved the approach to incorporate the Rapid Response Service into the current re-commission of our Reablement Service through a joint competitive tendering process, joint specification, and joint contract;

iii. Approved the revised Open Procurement Procedure timetable set out at Appendix A;

iv. Approved the extension of the current Reablement Service Contract with HSG;

v. Delegated authority the DASS (and their delegated officers) in consultation with the Chief Finance Officer (151 Officer) (and their delegated officers) to seek Providers from the market for the delivery of the new combined Reablement and Rapid Response Service contract (with an initial term of 2-years, and an option for 2-futher extensions of 1- year each) via an open, fair and transparent competitive procurement process and evaluation criteria in compliance with the new Procurement Timetable at Appendix A of this Report, the CYC CPRs and the Light Touch Regime under Regulations 74 to 76 and Schedule 3 (the “Light Touch Regime”) of Procurement Regs;

vi. Delegated authority to the DASS (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to determine the provisions of the new combined Reablement and Rapid Response Service contract, and to award and conclude the Community Wellbeing contract following an open, fair and transparent competitive procurement process and evaluation criteria in compliance with the new Procurement Timetable at Appendix A of this Report, the CYC CPRs and the Light Touch Regime under the Procurement Regs;

vii. Delegated authority to the DASS (and their delegated officers), in consultation with the Chief Finance Officer (151 Officer) (and their delegated officers) and the Director of Governance (and their delegated officers), to determine the provisions of and conclude any subsequent extensions and/or variations to the new combined Reablement and Rapid Response Service contract in compliance with the new contract’s terms and conditions, the CYC CPRs and the Light Touch Regime under the Procurement Regs; and

viii. Delegated authority to the DASS (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to determine the provisions of and conclude with HSG the 6- month extension to the current Reablement Contract commencing on 1st April 2024 until 30th September 2024, to allow CYC time to commission and transition to the new combined Reablement and Rapid Response Service contract in compliance with the new Procurement Timetable at Appendix A of this Report, the CYC CPRs and the Light Touch Regime under the Procurement Regs.

Reason: Approval The Reablement Service was given by Executive on 12^th October 2023 to proceed with a competitive tendering process resulting in a new service being implemented from the 1st April 2024.

The Reablement Service is funded by the Better Care Fund and has contributions from both the Council and the ICB. Additional stakeholder engagement has been completed via workshops and multi-agency meetings and this has enabled the specification to be finalised whilst all partners made the necessary contribution to the service specification. Completing this work has caused a delay from the previous timescales submitted.

Further, during this delay period it became clear that there was an opportunity to incorporate the Rapid Response Service into the Reablement Service which would provide efficiencies, improved outcomes, and simplified pathways for people to access both Services. Reducing the need for more costly care such as Residential care.

Tendering both the Reablement and Rapid Response Services together will maximise the use of CYC resources and comply with the CYC CPRs Rules in terms of completing an open, fair, and transparent process.

The market has not been approached since 2017 and 2019 for these services therefore CYC need to ensure we are receiving value for money. This approach also avoids having to complete two separate tendering exercises. The procurement procedure is subject to the Light Touch Regime under the Procurement Regs and will be completed as an Open Procurement Procedure (see Appendix A for the revised Open Procurement Procedure timetable).

Approving both the revised timetable at Appendix A and the proposed 6-month extension to the current HSG Reablement Service contract will provide the necessary additional time to incorporate the Rapid Response Service into the new contract and allow sufficient time to tender, award and mobilise the new joint service with a start date of 1st October 2024.

If the new timetable and proposed extension to the current Reablement Service contract are not approved, then the Reablement Service contract with HSG will expire on 31st March 2024, CYC will have no replacement service in place, and CYC is at risk of breaching its statutory duties under the Care Act 2014.

Further if, CYC do not proceed to the market, it is highly likely that a challenge from providers would be presented as they have, they have not been given the opportunity to bid for new business in a fair, open, and transparent manner. This would be in direct conflict with the Procurement regs and the CYC CPR’s. If provider/s were successful in challenging CYC there could be potential legal fees and additional costs in terms of service provision to be paid. Finally, CYC is at risk of reputational damage if Procurement Regs and the CYC CPR’s are not complied with by not tendering business opportunities as this could be perceived as collusion with particular providers within the market.

Officers introduced the report which sort approval to extend the current Reablement Service contract for 6 months to allow Adult Social Care Commissioners time to recommission the Reablement Service. As well as, incorporating the Rapid Response Service into

the Reablement Service and tender both services as one opportunity to the open market. They confirmed that the contract would be tendered for £1.4m with a £1.5m ceiling. They confirmed that unlikely previously the contract would be paid on a performance basis noting that previously the value of the contract had not always been meet.

The Executive Member for Health, Wellbeing and Adult Social Care welcomed the report, she noted that the Council was not getting full value from the current contract and it was vital the Council got the reprocurement correct. She highlighted the growing number of those with care needs in the city. She welcomed the additional £1.5m funding provided by central government but noted that this did not meet the challenges posed in adult social care, therefore, it was vital that the Council got the best value for money when commissioning its contracted work.