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.
Decision type: Non-key
Decision status: Recommendations Approved
Notice of proposed decision first published: 15/09/2023
Decision due: 13 Sep 2023 by Cabinet Member for Health and Adult Social Care
Contact: Rashpal Bishop, Director of Adult Social Care Email: rashpal_bishop@sandwell.gov.uk.
Implications: Resources: The annual budget for the Care Act, IMCA/IMCA DOLS and Independent Complaints Advocacy Services is £246,242 with a maximum total contract value over the duration of the contract being £984,968 Legal and Governance: Commissioning of Advocacy services is a statutory responsibility. The procurement will be completed as per internal SMBC rules and procurement legislation. Risk: The risks have been recorded in a Risk Register and will be monitored on a regular basis, with risks being escalated as required. Based on the information provided, it is the officers’ opinion that for the risks that have been identified, arrangements are in place to manage and mitigate these risks effectively. Equality: An Equality Impact Assessment has been completed and this has shown no adverse impacts or issues of concern for people with protected characteristics in line with the Equality Act 2010 and PSED Duties. The new contract will require regular reporting of service take up by age, gen