Decision details
The Statutory Employer Liability Insurance and Support Services Contract – Authority to Procure
Decision Maker: Cabinet Member for Health and Adult Social Care
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Decision:
It is agreed
that: -
(1) The Director of Adult Social Care can commence a procurement
exercise for the provision of an Employer Liability Insurance and
Support Service (ELISS) with a maximum contract value of
£174,011 for Adult Social Care and Sandwell Children’s
Trust. This contract will replace the existing contract and
extensions in place.
(2) The Council can award and enter into a Contract with the
successful bidder, on terms to be agreed with the Director of Adult
Social Care, for the provision of Employer Liability Insurance
(ELI) and Support Services, to commence on 6 October 2024, and will
expire 5 October 2028.
(3) The Director - Law and Governance and Monitoring Officer, or
their designated representative is authorised to execute any
documents necessary within a reasonable time to give effect to the
proposals in recommendation (2) for the provision of Employer
Liability Insurance and Support Services.
(4) 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 the
contract to the successful tenderer in the event that the required
minimum number of tenders are not received.
Reasons for the decision:
A formal procurement exercise, in line with
the Council’s Contract
Procedure Rules is required to be undertaken, and a contract
awarded to the successful bidder to ensure provision is in place
from the 6 October 2024. This date aligns with the payroll service
run, which forms part of the Direct Payment Support Services
contract. This contract forms part of the Council’s statutory
duty under the Care Act 2014.
Alternative options considered:
Option 1: to include funding to pay for an ELI
policy as part of the
direct payment, so the service user can use it to choose and pay
for their own ELI policy. This option was taken by the Council
several years ago and take up was very low representing low value
for money.
Option 2: to procure ELI policies using a contract with no support
services, because this is the only legally required part of the
contract. The ELI market has developed to include several support
services as part of the price of a policy and elements cannot be
separated.
Option 3: to procure ELI policies using the same service offer as
the current offer. This would include services which have low take
up, therefore it would not represent good value.
Preferred option
Option 4: to procure ELI policies with only the telephone line and
cover majority of costs if a Personal Assistant is made
redundant.
This option represents best value. It includes the services that
have highest take up. The lower price of the contract will release
funding to pay for additional services in the DPSS contract. Option
4 is the recommended option.
Publication date: 22/02/2024
Date of decision: 31/01/2024
Effective from: 29/02/2024