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