Agenda item

To approve an exemption from the Council’s Procurement and Contract Procedure Rules to enable the Council to enter into individual contracts with Education and Skills Funding Agency (ESFA) approved institutions for post-16 high needs provision.

Resolved:-

1.1 That approval be given for an exemption to the council’s Procurement and Contract Procedure Rules, to enable the Council to enter into individual contracts with Education and Skills Funding Agency (ESFA) approved institutions and independent specialist institutions named in the approved list under Section 41 of the act.

1.2 Authorise this exemption under Contract Procedure Rule 15.8 to enable the course of action referred to in 1.1 above to proceed where ‘genuine sole suppliers’ for certain goods, service or works where it can be evidenced that there is no benefit in undertaking a procurement exercise’, an automatic exemption is given to the following types of contract or activity - Patient or Pupil choice and Sole Suppliers/Providers

1.3 That the Director of Children’s Services and Education be authorised to procure and award contracts to approved Education and Skills Funding Agency institutions.

                  Approval was sought for an exemption to the Council’s Procurement and Contract Procedure Rules, to enable the Council to enter into individual contracts with Education and Skills Funding Agency (ESFA) approved institutions and independent specialist institutions named in the approved list under Section 41 of the act.

                  The Chair of Children’s Services and Education Scrutiny Board asked whether the Council was satisfied with the provision available for young people with the H.C.P and whether the outcomes were assessed. The Cabinet Member for Children and Education stated that individual students progress against outcomes were measured during Annual Review. Placement within different types of provision was dependent on student and parent/carers preference and cost to the local authority.  Outcomes varied depending on the individual ability of pupil: university placement, training /supported internship / life skills courses. 

                  A further question was asked whether we have the provision to meet their needs, given we see a rising increase in young people with H.C.P. The Cabinet Member stated that currently, specialist provision for Post 16 in Sandwell was provided by Special schools (Westminster and Meadows) as well as Wodensborough Academy (resource base) and Albright Centre. A small number of students with EHCPs  stay at their mainstream secondary 6th forms. Mainstream colleges such as Sandwell College support children with SEN needs, however some students chose OOB colleges due to their locality and courses on offer i.e. Halesowen College, Dudley College. There would be a need to develop highly specialist Post 16 places going forward and this was within the Specialist Place Planning Strategy.  Currently Westminster school were piloting an SPI – which was an expansion of their current Post 16 arrangements.

                  In support of Sandwell’s statutory duty to secure provision in our area, the ESFA wou;d consider our requests to fill a gap in provision. Where evidenced gaps could not be filled through negotiation with good existing providers, the ESFA would put out to tender through open competition and advertised through ESFA’s Update and on ‘Contracts Finder’, the government’s site for advertising its contract opportunities.

                  The Chair questioned what provision was available in Sandwell and how many young people would need to go out of the borough to have their needs met. The Cabinet Member for Children and Education in response stated that Post 16 Provision at Meadows, Westminster and Wodensborough currently catered for 161 students.  Sandwell College had approx. 123 students with EHCPs who attend. Westminster’s pilot SPI has 12 students 125 attend OOB colleges but some of this would be based on student / family preference and course availability.

                  Reasons for Recommendations

The current arrangement ends on 8 October 2022, so an exemption is now required from 9 October 2022. This would enable a smooth transition between academic years and consistency of service.

This would allow the Council to make special educational provision to meet the special educational needs (SEN) of the young person; to secure the best possible outcomes for them across education, health and social care, and to prepare them for adulthood, as they grow older.

Alternative options considered

There were specific provisions laid down for the purposes of satisfying Section 38 (Preparation of an Education, Health and Care plan by local authorities) and there were therefore no other options as the proposal in this report follows council procedure for exemption to contract procedure rules.  

                           Agreed:-

(1)     that approval be given for an exemption to the Council’s Procurement and Contract Procedure Rules, to enable the Council to enter into individual contracts with Education and Skills Funding Agency (ESFA) approved institutions and independent specialist institutions named in the approved list under Section 41 of the Act;

(2)     authorise this exemption under Contract Procedure Rule 15.8 to enable the course of action referred to in (1) above to proceed where ‘genuine sole suppliers’ for certain goods, service or works where it can be evidenced that there is no benefit in undertaking a procurement exercise’, an automatic exemption is given to the following types of contract or activity - Patient or Pupil choice and Sole Suppliers/Providers;

(3)     that the Director of Children’s Services and Education be authorised to procure and award contracts to approved Education and Skills Funding Agency institutions.