Agenda item

Report of the Chief Officer for Children’s Services (CS/18/01), on the Peninsula Fostering in Independent Fostering Agency Placements, Outcome of Tender and Award of Contract, attached.

 

An Impact Assessment will be published separately, prior to the meeting.

(Councillor Biederman, Brazil, Dewhirst and Hannaford attended in accordance with Standing Order 25(2) and spoke to this item).

 

(Councillor Parsons declared a Disclosable Pecuniary Interest in this matter by virtue of being a Foster Parent and their partner being in receipt of fostering payments and withdrew from the meeting during its consideration).

 

The Cabinet considered the Report of the Chief Officer for Children’s Services (CS/18/01), on the Peninsula Fostering in Independent Fostering Agency Placements, Outcome of Tender and Award of Contract.

 

The contract, which was a Framework Agreement, was for the provision of fostering placements for children in care, staying put placements for young adults and for parent and child placements with family based care being the preferred model of care for most children in care. The aim was to increase the range and quality of foster placements, particularly for those with more complex needs or challenging behaviours.

 

The Report outlined the South West Peninsula Procurement collaboration and that the Framework Agreements would each be for four years commencing on 1^st April 2018, with the Framework Agreements being divided into 3 geographical areas (Somerset, Devon (including Torbay and Plymouth) and Cornwall). There were also two separate Framework Agreements, for Parent and Child Fostering and one for Standard and Enhanced Fostering.

 

Lot 1 related to Standard Fostering, Lot 2 for Enhanced Fostering and Lot 3 for Parent and Child Fostering. It was felt that the new Independent Fostering contract would increase placement availability, easing sufficiency issues within the market.

 

The total estimated cost for a 4-year contract period for the whole Peninsula was;

Lot 1 Standard Fostering: £95,960,000

Lot 2 Enhanced Fostering: £10,800,000

Lot 3 Parent and Child Fostering: £5,954,792

 

Cabinet noted that the value of the contract could vary due to an increase or decrease in the purchase in care volumes.

 

The contract would replace the current Peninsula Framework contract for fostering (all Peninsula Authorities) and the ‘Cost and Volume for Fostering’ contract (Plymouth, Devon and Torbay). For the tender, bidders were able to bid for any one or all of the Lots outlined in the Report.

 

The Chief Officer’s report outlined that a Sustainability Impact Assessment was conducted pre-procurement, which was extensive and included consideration of the local economic, environmental and social needs of the local area. The likelihood and impact scores for the tender were low, but were all considered; with possible methods of risk and impact reduction inserted into the specification. Where areas of added social value benefits had been identified these had been incorporated into the specification.

 

Each Local Authority had been required to complete an individual Equalities Impact Assessment. A detailed impact assessment had been undertaken at the pre-procurement stage of the project which had been circulated previously for the attention of Members at this meeting in order that as part of its determination of the next steps in the process the Cabinet might have full regard to the responsibilities placed upon it to exercise its Public Sector Equality Duty, under s149 of the Equality Act 2010. The outcomes of that assessment were reflected in the construction of the tender and as such met the duties required under the Equalities Act. The Impact Assessment highlighted that Fostering was a regulated activity, independently inspected by Ofsted. All foster placements were subject to matching a child’s needs, specifically referencing age, gender, race, culture, religion and disability and a formal assessment of the carers’ abilities to meet those needs. There was negligible environmental impact.

 

In addition, the fostering market was a competitive market and, with a good range of fostering agencies, sufficiency in family based care would be maintained.

 

The assessment also highlighted there would be regular contract monitoring meetings held quarterly with all fostering providers and each independent fostering placement was subject to statutory CLA reviews and statutory social work monitoring visits.

 

It was then MOVED by Councillor Hart, SECONDED by Councillor Clatworthy and

 

RESOLVED that the press and public be now excluded from the meeting during subsequent discussion on this matter under Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, the financial or business affairs of a preferred bidder or tenderer for the provision or supply of council goods or services, and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

[NB: The following part of the Cabinet’s proceedings on this matter took place, as summarised below, in accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 and under Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded; no representations having been received to such consideration under Regulation 5(5) of the aforementioned Regulations].

 

The Cabinet then considered the Report of the Chief Officer for Children’s Services (CS/18/2) on the recommendations to award the Peninsula Fostering in Independent Fostering Framework Agreements for the Devon Lots; Standard and Enhanced Fostering Placements and Parent and Child (Fostering).

 

Cabinet noted that the procurement process had been conducted in accordance with EU Procurement Regulations and also in line with Part 2, Chapter 3, Section 7 of the Public Contracts Regulations 2015 (PCR 2015) – Social and Other Specific Services.

 

Following discussion of Report CS/18/2 and having had regard to the information therein, the Cabinet was of the view that the press and public need no longer be excluded from the meeting during its final determination of the matter and:

 

It was then MOVED by Councillor Hart, SECONDED by Councillor Clatworthy and

 

RESOLVED that the press and public be now readmitted to the meeting. 

 

Following further comment and discussion and in replying to the debate and in commending the adoption of the recommendations now before the Cabinet, the Cabinet Member for Children’s Services and Schools added their support for the proposals.

 

The matter having been fully debated and the options and/or alternatives and other relevant factors (e.g. financial, staffing, assets and property, procurement policies, risk management, equality and legal considerations and Public Health impact) set out in the Chief Officer’s Report and/or referred to above having been considered, and balancing all of those factors and comments made at the meeting: 

 

It was then MOVED by Councillor McInnes, SECONDED by Councillor Hart, and

 

RESOLVED that the recommendation to award the Peninsula Fostering in Independent Fostering Framework Agreements (CP1519-17) for the Devon Lots; Standard and Enhanced Fostering Placements and Parent and Child (Fostering) on the basis of the evidence provided within the Report be approved, including the ranking position for each provider (signifying the order in which the referrals would be made), for Lot 1b Standard Fostering – Devon, Lot 2b Enhanced – Devon and Lot 3 Parent & Child Fostering – Devon, as below.

 

 

 

Lot 1b Standard Fostering – Devon

Lot 1 Devon Year 1	rank	Lot 1 Devon Year 2	rank	Lot 1 Devon Year 3	rank	Lot 1 Devon Year 4	rank
Swiis Foster Care Ltd	1	Swiis Foster Care Ltd	1	TACT	1	TACT	1
TACT	2	TACT	2	Swiis Foster Care Ltd	2	Swiis Foster Care Ltd	2
Compass Children's Homes Limited	3	Compass Children's Homes Limited	3	Regional Foster Care Ltd	3	Regional Foster Care Ltd	3
Regional Foster Care Ltd	4	Regional Foster Care Ltd	4	Compass Children's Homes Limited	4	Compass Children's Homes Limited	4
Pathway Care South West Limited	5	Pathway Care South West Limited	5	Pathway Care South West Limited	5	Pathway Care South West Limited	5
Capstone Fostercare	6	Capstone Fostercare	6	The National Fostering Agency Ltd	6	Fusion Fostering Ltd	6
The National Fostering Agency Ltd	7	The National Fostering Agency Ltd	7	Capstone Fostercare	7	Capstone Fostercare	7
Five Rivers Child Care Limited	8	Five Rivers Child Care Limited	8	Blue Sky Fostering	8	The National Fostering Agency Ltd	8
The Fostering Foundation Limited	9	The Fostering Foundation Limited	9	Five Rivers Child Care Limited	9	Blue Sky Fostering	9
Blue Sky Fostering	10	Blue Sky Fostering	10	Fusion Fostering Ltd	10	Five Rivers Child Care Limited	10
Action for Children	11	Action for Children	11	The Fostering Foundation Limited	11	Action for Children	11
Enhanced Foster Care	12	Fusion Fostering Ltd	12	Action for Children	12	The Fostering Foundation Limited	12
Fusion Fostering Ltd	13	Enhanced Foster Care	13	Enhanced Foster Care	13	Enhanced Foster Care	13
Foster Care Associates	14	Foster Care Associates	14	Foster Care Associates	14	Foster Care Associates	14
By the Bridge Limited	15	By the Bridge Limited	15	By the Bridge Limited	15	By the Bridge Limited	15

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lot 2b Enhanced – Devon

 

 

Lot 2 Devon Year 1	rank	Lot 2 Devon Year 2	rank	Lot 2 Devon Year 3	rank	Lot 2 Devon Year 4	rank
TACT	1	TACT	1	TACT	1	TACT	1
The National Fostering Agency Ltd	2	The National Fostering Agency Ltd	2	Capstone Fostercare	2	The National Fostering Agency Ltd	2
Capstone Fostercare	3	Capstone Fostercare	3	The National Fostering Agency Ltd	3	Capstone Fostercare	3
Regional Fostare Care Ltd	4	Regional Fostare Care Ltd	4	Regional Fostare Care Ltd	4	Regional Fostare Care Ltd	4
Blue Sky Fostering	5	Blue Sky Fostering	5	Blue Sky Fostering	5	Blue Sky Fostering	5
Pathway Care South West Limited	6	Pathway Care South West Limited	6	Pathway Care South West Limited	6	Pathway Care South West Limited	6
Enhanced Foster Care	7	Swiis Foster Care Ltd	7	Swiis Foster Care Ltd	7	Swiis Foster Care Ltd	7
Fusion Fostering Ltd	8	Enhanced Foster Care	8	Fusion Fostering Ltd	8	Foster Care Associates	8
Swiis Foster Care Ltd	9	Fusion Fostering Ltd	9	Enhanced Foster Care	9	Fusion Fostering Ltd	9
Foster Care Associates	10	Foster Care Associates	10	Foster Care Associates	10	Enhanced Foster Care	10
Five Rivers Child Care Limited	11	Action for Children	11	Action for Children	11	Action for Children	11
Action for Children	12	Five Rivers Child Care Limited	12	Five Rivers Child Care Limited	12	Five Rivers Child Care Limited	12
By the Bridge Limited	13	By the Bridge Limited	13	By the Bridge Limited	13	By the Bridge Limited	13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lot 3 Parent & Child Fostering – Devon

 

Lot 3 Devon Year 1	rank	Lot 3 Devon Year 2	rank	Lot 3 Devon Year 3	rank	Lot 3 Devon Year 4	rank
Swiis Foster Care Ltd	1	Swiis Foster Care Ltd	1	Swiis Foster Care Ltd	1	Swiis Foster Care Ltd	1
Compass Children's Homes Limited	2	Compass Children's Homes Limited	2	TACT	2	TACT	2
TACT	3	TACT	3	Compass Children's Homes Limited	3	Compass Children's Homes Limited	3
The Fostering Foundation Limited	4	The Fostering Foundation Limited	4	The Fostering Foundation Limited	4	The Fostering Foundation Limited	4
Enhanced Foster Care	5	Capstone Fostercare	5	Capstone Fostercare	5	Capstone Fostercare	5
Capstone Fostercare	6	Enhanced Foster Care	6	Enhanced Foster Care	6	The National Fostering Agency Ltd	6
The National Fostering Agency Ltd	7	The National Fostering Agency Ltd	7	The National Fostering Agency Ltd	7	Enhanced Foster Care	7
Five Rivers Child Care Limited	8	Five Rivers Child Care Limited	8	Foster Care Associates	8	Foster Care Associates	8
Foster Care Associates	9	Foster Care Associates	9	Five Rivers Child Care Limited	9	Action for Children	9
Action for Children	10	Action for Children	10	Action for Children	10	Five Rivers Child Care Limited	10
Pathway Care South West Limited	11	Pathway Care South West Limited	11	Pathway Care South West Limited	11	Pathway Care South West Limited	11
Blue Sky Fostering	12	Blue Sky Fostering	12	Blue Sky Fostering	12	Blue Sky Fostering	12
By the Bridge Limited	13	By the Bridge Limited	13	By the Bridge Limited	13	By the Bridge Limited	13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[NB: The Impact Assessment referred to above may be viewed as part of the reports pack of this meeting and may also be available at:  http://new.devon.gov.uk/impact/].