1. The Legal Future for Children’s Services Commissioning by Léonie Cowen
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2. 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
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3. 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)
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4. 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
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5. 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?
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6. 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
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7. 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
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8. 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
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9. 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?
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10. 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?
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11. 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?
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12. 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?
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13. Leonie Cowen & Associates 3a Loveridge Mews, London NW6 2DP
Telephone: