The Legal Future for Children’s Services Commissioning by Léonie Cowen © Léonie Cowen & Associates
THE THEMES What is commissioning children’s services? Impact of the Public Contracts Regulations 2015 How are children’s services commissioned and provided now Best practice future commissioning © Léonie Cowen & Associates 1
What is Commissioning Children’s Services? The process of identifying needs within the population, developing policy directions, service models and the market to meet those needs in the most appropriate and cost effective way (IPC) Planning, agreeing and monitoring services (NHS Commissioning) © Léonie Cowen & Associates 2
Impact of the Public Contracts Regulations 2015 (“PCR”) “Light touch”, OJEU for services awards above £589,148, except for Teckal Publication of below threshold procurement on Contracts Finder Optional pre-procurement needs assessment and market consultation © Léonie Cowen & Associates 3
Current Governance Models In-house provision Teckal companies for delivery Commissioning consortia plus single authority procurements Direct awards between local authority and Academies and others? © Léonie Cowen & Associates 4
Current Market/commissioning Approach (1) Local/Regional approach, mixed economy some ADMs and limited integration with health No National approach to consortia, models of delivery, documents or commissioning Cost is a key driver, most purchases are spots with short frameworks/DPS © Léonie Cowen & Associates 5
Current market/commissioning approach (2) Resource intensive for commissioners and providers - wasteful Inefficiency in the way consortia function Limited resources for commissioning and/or contract development and management Some ADMs triggered by service failure, authorities still need commissioned services © Léonie Cowen & Associates 6
Current Initiatives Scotland - guidance on procurement of care; Duncan review of care system Wales - National Commissioning Board for Health and Social Care England - Residential Care Leadership Board, Innovation Programme, Narey/Owers Stocktake of foster care © Léonie Cowen & Associates 7
Aspirations for the Future (1) National commissioning board for all services with power to drive best practice? Extend Teckal model to commissioning consortia as well as for services Greater integration of commissioning and delivery across authorities, education and health? © Léonie Cowen & Associates 8
Aspirations for the Future (2) Frameworks v DPS, which is preferred? Collaborative approach to achieve agreeing national approach and documents? More in-house provision? More sophisticated models of purchase and payment by results? © Léonie Cowen & Associates 9
Aspirations for the Future (3) BUT is bigger better, an alternative view! Are larger consortia (DfE and Narey) the sensible way forward? Funding and achieving a national approach and guidance, who has the power, resource and desire to deliver this? © Léonie Cowen & Associates 10
Brexit! Staying in or leaving the single market Currently proposed ‘Great Repeal Bill’ to keep the status quo when we leave Europe Should government/CCS review the PCR and will they do so? © Léonie Cowen & Associates 11
Leonie Cowen & Associates 3a Loveridge Mews, London NW6 2DP Telephone: 020 7604 5870 E-mail: admin@lcowen.co.uk www.lcowen.co.uk