Decision details

4.1 The Council had a statutory responsibility to provide or commission
four types of advocacy service in compliance with the following
legislation:

• Mental Capacity Act 2005 and Mental Capacity Amendment Act 2019
for IMCA/IMCA DOLS
• Mental Health Act 1983 for IMHA
• Health and Social Care Act 2012 for Independent Complaints
Advocacy
• Care Act 2014 for Care Act Advocacy

4.2 The current contract commenced 01 April 2020 and expires 31
March 2024. The services will be re-procured and ensure compliance
with the Council’s Contracts Procedure Rules, the Public Contracts
Regulations 2015 and with European procurement guidelines.

4.3 The new arrangements seek to continue the four statutory advocacy
services in one contract, with additional requirements to engage with
referral agencies to promote advocacy and increase take up.

That the Director of Adult Social Care is delegated to commence a procurement exercise for the provision of Statutory Advocacy Services.

That the Director of Adult Social Care can authorise the Council to award and enter a Contract with the successful bidder, on terms to be agreed with the Director of Adult Social Care, for the provision of Statutory Advocacy Services to commence on 1 April 2024 for a period of 4 years.

That the Director of Adult Social Care can authorise the Director - Law and Governance and Monitoring Officer, or their designated representative, to execute any documents necessary within a reasonable time to give effect to the proposals for the provision of Statutory Advocacy Services.

That an exemption is approved to rules 8.10 and 8.11 of the Council’s Contract Procedure Rules 2022/23, or subsequent amendment, to allow the Director of Adult Social Care to award contracts to the successful tenderer in the event that the required minimum number of tenders are not received.

The current contract expires on the 31 March 2024 and the Council had a statutory responsibility to ensure access to these services. Therefore, a formal procurement exercise, in line with the Council’s Contract Procedure Rules, was required to be undertaken, and a contract awarded to the successful bidder to ensure provision is in place from the 1 April 2024.

The Council is required under legislation to provide independent IMHA, IMCA, Care Act and NHS Complaints advocacy.