Agenda item

Report of the Head of Education & Learning (EL/17/2) on the process for and letting of a new contract consequent upon the expiration of existing arrangements in 2019,attached.     

(Councillors Connett, Julian, Owen and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

(Councillor Parsons declared a personal interest in this matter by virtue of being a County Council representative on the Babcock LDP Board and a parent of a child that might be in receipt of services offered by any contractor or partnership).

The Cabinet considered the Report of the Head of Education & Learning (EL/17/2) on the proposed extension of the Learning Development Joint Venture Partnership with Babcock LDP beyond the initial contract period of 2019. The current contract (which covered the provision of school improvement, learner support, safeguarding, education psychology and school attendance services) had been awarded to  Babcock LDP from 1 April 2012 for an initial period of seven years with an option to extend  for a further three years.

The Report outlined the background to the options and the associated assessments undertaken to  arrive at this stage of the process, including the impact of the required period of notice to the existing provider and timetable for any new procurement exercise, should that prove necessary. The Head of Service’s Report confirmed that there was sufficient evidence to provide assurance in all relevant areas and that the extension of the current contract  could therefore be recommended.  The aforementioned assessments demonstrated that the existing contractual arrangements provided the required flexibility needed to meet the Council’s needs; provided both a high performing quality service (focused on outcomes for children) and security of ongoing quality service; ensured the Council benefited from an effective and responsive working relationship with the provider and from innovation and sharing of best practice and that there was low financial risk to the Council of continuing the current arrangements.   

Further, and given that education provision was still in a period of significant change nationally,  the Head of Service was of the view that the contract extension would ensure the continued provision of good quality services allowing the Council to continue to champion all Devon’s children.  Members acknowledged that the delivery of the arrangements provided under this contract was central to the ability of the Council to support  SEND and vulnerable groups and any failure to continue providing such services would disadvantage those groups of children disproportionally.

It was then MOVED by Councillor Hart, SECONDED by Councillor Hughes, 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 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 received the Report of the Head of Education & Learning (EL/17/3) summarising the necessary detailed financial considerations relating to the proposed extension of the contract with Babcock LDP for a further three year period from 1 April 2019.

Following discussion of Report EL/17/3  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 Hughes, and

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

Following further comment and discussion and in replying to the debate, the Cabinet Member for Children, Schools and Skills commended the recommendations now before the Cabinet.

The matter having been fully debated and the options and/or alternatives and other relevant factors (e.g. financial,  equality and legal considerations) set out in the Head of Service’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

(a) that the option for a three year extension, contained in the Devon County Council and Babcock LDP contract, be approved; and

(b) that the County Solicitor be authorised to execute all necessary legal agreements or documentation required to be signed or entered into by the Council in respect of this contract.

[NB: The Impact Assessment referred to above may be viewed at:  http://new.devon.gov.uk/impact/].