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VEAT

Procurement of temporary specialist Special Educational Needs & Disabilities (SEND) workers

  • First published: 26 May 2023
  • Last modified: 26 May 2023

The buyer is not using this website to administer the notice.

To record your interest or obtain additional information or documents please find instructions within the Full Notice Text. (NOTE: Contract Award Notices and Prior Information Notices do not normally require a response)

Contents

Summary

OCID:
ocds-h6vhtk-03cf97
Published by:
Torbay Council
Authority ID:
AA21747
Publication date:
26 May 2023
Deadline date:
-
Notice type:
VEAT
Has documents:
No
Has SPD:
No
Has Carbon Reduction Plan:
No

Abstract

Torbay Council is currently not able to meet current demand for the requests for new Education, Health & Care Plan (EHCP)assessments and annual reviews with the capacity available. There is also a national increase in Request for Statutory Assessment (RSA) requests, Torbay is currently sitting at 40% decision ‘no to assess’, which is higher than the National Average.

The purpose of the project would be to clear the backlog (149 EHCP amendments significantly overdue) and then accurately assess demand vs capacity. Legally, the Council should be making the decision to amend the EHCP within 2 weeks of receiving the Annual Review paperwork and sending out the Amended plan with that decision. This was evidence in case law in 2022.

Therefore, the Council needs to appoint temporary specialist SEND Workers to undertake this work during the next 12 months.

The risks of not commissioning a project team would be:

i. Failing to deliver on the safety valve commitment due to not amending EHCP in a timely manner.

ii. Due to the Safety Valve work, there have been an increase in appeals to the Tribunal. If the Tribunal decide that the Council’s Childrens Services ceased an out-of-date plan – it is highly likely that an order is made for a costly reassessment and maintaining of the EHCP.

iii. Failing to make the improvements required for the Written Statement of Action, which could lead to Secretary of State intervention. In our Childrens Services’ OfSTED reinspection it will be paramount that we show improvement in both the quality of our EHCP’s and the meeting of statutory deadlines.

iv. We are not meeting our legal obligations on amendments leaving us vulnerable to financial compensation through Ombudsman complaints.

v. We may not meet our projected EHCP targets for our Safety Valve agreement placing the12.9 million Safety Valve funding at risk.

vi. Children and young people will not have well identified needs and accurately costed provision or ceased when they have met their outcomes.

The Council has advertised to its contracted Standing List temporary agency providers, on numerous occasions, with no response. Therefore, the Council wishes to source the four required specialist education/SEND staff directly, via an agency provider, not on the Council’s Standing List. There is an urgency to sourcing these staff due to the services’ task being statutory, and therefore there is no time available to conduct an appropriate procurement process for these temporary appointments.

Full notice text

Voluntary ex ante transparency notice

Directive 2014/24/EU

Section I: Contracting entity

I.1) Name and addresses

Torbay Council

Torbay Council Town Hall, Castle Circus

Torquay

TQ1 3DR

UK

Contact person: Mr Lawrence Brown

Telephone: +44 1803208977

E-mail: lawrence.brown@torbay.gov.uk

NUTS: UKK42

Internet address(es)

Main address: http://www.torbay.gov.uk/

Address of the buyer profile: http://www.torbay.gov.uk/

I.4) Type of the contracting authority

Regional or local authority

I.5) Main activity

General public services

Section II: Object

II.1) Scope of the procurement

II.1.1) Title

Procurement of temporary specialist Special Educational Needs & Disabilities (SEND) workers

Reference number: DN672038

II.1.2) Main CPV code

79000000

 

II.1.3) Type of contract

Services

II.1.4) Short description

Torbay Council is currently not able to meet current demand for the requests for new Education, Health & Care Plan (EHCP)assessments and annual reviews with the capacity available. There is also a national increase in Request for Statutory Assessment (RSA) requests, Torbay is currently sitting at 40% decision ‘no to assess’, which is higher than the National Average.

The purpose of the project would be to clear the backlog (149 EHCP amendments significantly overdue) and then accurately assess demand vs capacity. Legally, the Council should be making the decision to amend the EHCP within 2 weeks of receiving the Annual Review paperwork and sending out the Amended plan with that decision. This was evidence in case law in 2022.

Therefore, the Council needs to appoint temporary specialist SEND Workers to undertake this work during the next 12 months.

The Council has advertised to its contracted Standing List temporary agency providers, on numerous occasions, with no response. Therefore, the Council wishes to source the four required specialist education/SEND staff directly, via an agency provider, not on the Council’s Standing List. There is an urgency to sourcing these staff due to the services’ task being statutory, and therefore there is no time available to conduct an appropriate procurement process for these temporary appointments.

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Value excluding VAT: 343 200.00  GBP

II.2) Description

II.2.3) Place of performance

NUTS code:

UKK42

II.2.4) Description of the procurement

Torbay Council is currently not able to meet current demand for the requests for new Education, Health & Care Plan (EHCP)assessments and annual reviews with the capacity available. There is also a national increase in Request for Statutory Assessment (RSA) requests, Torbay is currently sitting at 40% decision ‘no to assess’, which is higher than the National Average.

The purpose of the project would be to clear the backlog (149 EHCP amendments significantly overdue) and then accurately assess demand vs capacity. Legally, the Council should be making the decision to amend the EHCP within 2 weeks of receiving the Annual Review paperwork and sending out the Amended plan with that decision. This was evidence in case law in 2022.

Therefore, the Council needs to appoint temporary specialist SEND Workers to undertake this work during the next 12 months.

The risks of not commissioning a project team would be:

i. Failing to deliver on the safety valve commitment due to not amending EHCP in a timely manner.

ii. Due to the Safety Valve work, there have been an increase in appeals to the Tribunal. If the Tribunal decide that the Council’s Childrens Services ceased an out-of-date plan – it is highly likely that an order is made for a costly reassessment and maintaining of the EHCP.

iii. Failing to make the improvements required for the Written Statement of Action, which could lead to Secretary of State intervention. In our Childrens Services’ OfSTED reinspection it will be paramount that we show improvement in both the quality of our EHCP’s and the meeting of statutory deadlines.

iv. We are not meeting our legal obligations on amendments leaving us vulnerable to financial compensation through Ombudsman complaints.

v. We may not meet our projected EHCP targets for our Safety Valve agreement placing the12.9 million Safety Valve funding at risk.

vi. Children and young people will not have well identified needs and accurately costed provision or ceased when they have met their outcomes.

The Council has advertised to its contracted Standing List temporary agency providers, on numerous occasions, with no response. Therefore, the Council wishes to source the four required specialist education/SEND staff directly, via an agency provider, not on the Council’s Standing List. There is an urgency to sourcing these staff due to the services’ task being statutory, and therefore there is no time available to conduct an appropriate procurement process for these temporary appointments.

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Section IV: Procedure

IV.1) Description

IV.1.1) Type of procedure

Negotiated procedure without prior publication

Justification for selected award procedure:

New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive

Explanation:

Torbay Council is currently not able to meet current demand for the requests for new Education, Health & Care Plan (EHCP)assessments and annual reviews with the capacity available. There is also a national increase in Request for Statutory Assessment (RSA) requests, Torbay is currently sitting at 40% decision ‘no to assess’, which is higher than the National Average.

The purpose of the project would be to clear the backlog (149 EHCP amendments significantly overdue) and then accurately assess demand vs capacity. Legally, the Council should be making the decision to amend the EHCP within 2 weeks of receiving the Annual Review paperwork and sending out the Amended plan with that decision. This was evidence in case law in 2022.

Therefore, the Council needs to appoint temporary specialist SEND Workers to undertake this work during the next 12 months. The Council has advertised to its contracted Standing List temporary agency providers, on numerous occasions, with no response. Therefore, the Council wishes to source the four required specialist education/SEND staff directly, via an agency provider, not on the Council’s Standing List. There is an urgency to sourcing these staff due to the services’ task being statutory, and therefore there is no time available to conduct an appropriate procurement process for these temporary appointments.

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: Yes

Section V: Award of contract/concession

V.2 Award of contract/concession

V.2.1) Date of conclusion of the contract/concession

25/05/2023

V.2.2) Information about tenders

The contract has been awarded to a group of economic operators: No

V.2.3) Name and address of the contractor

Panoramic Associates

St. Bartholomews House, Lewins Mead,

Bristol

BS1 2NH

UK

NUTS: UKK42

The contractor is an SME: Yes

V.2.4) Information on value of the concession and main financing terms (excluding VAT)

Total value of the concession/lot: 343 200.00  GBP

V.2.5) Information about subcontracting

Section VI: Complementary information

VI.4) Procedures for review

VI.4.1) Review body

Royal Courts of Justice

7 Rolls Building, Fetter Lane,

London

EC4A 1NL

UK

E-mail: tcc.issue@justice.gov.uk

VI.5) Date of dispatch of this notice

25/05/2023

Coding

Commodity categories

ID Title Parent category
79000000 Business services: law, marketing, consulting, recruitment, printing and security Other Services

Delivery locations

ID Description
100 UK - All

Alert region restrictions

The buyer has restricted the alert for this notice to suppliers based in the following regions.

ID Description
There are no alert restrictions for this notice.

About the buyer

Main contact:
lawrence.brown@torbay.gov.uk
Admin contact:
N/a
Technical contact:
N/a
Other contact:
N/a

Further information

Date Details
No further information has been uploaded.

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