Section one: Contracting authority/entity
one.1) Name and addresses
Torbay Council
Torbay Council Town Hall, Castle Circus
Torquay
TQ1 3DR
Contact
Mr Lawrence Brown
Telephone
+44 1803208977
Country
United Kingdom
Region code
UKK42 - Torbay
Internet address(es)
Main address
Buyer's address
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Procurement of temporary specialist Special Educational Needs & Disabilities (SEND) workers
Reference number
DN672038
two.1.2) Main CPV code
- 79000000 - Business services: law, marketing, consulting, recruitment, printing and security
two.1.3) Type of contract
Services
two.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.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £343,200
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKK42 - Torbay
two.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.
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- New works/services, constituting a repetition of existing works/services
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.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
25 May 2023
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Panoramic Associates
St. Bartholomews House, Lewins Mead,
Bristol
BS1 2NH
Country
United Kingdom
NUTS code
- UKK42 - Torbay
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £343,200
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Royal Courts of Justice
7 Rolls Building, Fetter Lane,
London
EC4A 1NL
Country
United Kingdom