To approve the recommissioning of Independent Advocacy Services for adults by means of an open tender process.  The current contract to deliver independent advocacy expires on 31 July 2021

That:

(a)       the commissioning of an independent advocacy service for adults through an open procurement process be approved;

(b)  the director for adult and communities be authorised to take all operational decisions necessary to implement the service including award of contract for the independent advocacy service for a period of up to five years and with a maximum value of £1.1m.

1.         Not to procure an independent advocacy service for adults.  This is not recommended as this would mean the council will fail to meet statutory duties in respect of Mental Capacity Act 2005, Mental Health Act 1983 as amended, Health and Social Care Act 2012 and Care Act 2014. As the Care Act regulations stipulate, advocacy must be independent of the local authority, operated by an organisation with its own constitution, code of practice and complaints procedure.  Therefore it is not appropriate to deliver this service in house and an external provider must be commissioned to deliver advocacy services.

2.         To extend the contract or make a direct award to continue the service with the current provider during this time of uncertainty around legislative changes.  This option is not recommended as the current governance does not extend to cover further extensions to the existing contract.  There is also sufficient time to go out to full competitive tender, which the current provider may bid for, with a revised contract and specification reflecting the current and anticipated future requirements of an advocacy service, whilst ensuring a fair and competitive review of the current market and achieving the best value service offer.