Agenda and minutes

No apologies for absence were received.

Cllr Onslow declared an interest as a pensioner with a policy administered by Zurich Insurance. 

In accordance with the Council’s Constitution, questions to the Chairman of this Sub-Committee must be received in writing 4 working days before the date of the meeting.  Therefore please ensure questions are received by the Democratic Services Team by 5pm on Friday 24^th November 2017.

No questions had been received.

There was one amendment to the minutes suggested by the Vice Chairman.

The fourth paragraph of the minutes read ‘Longer term contracts would generally require more investment on the part of the contractor’. The Vice Chairman requested that this be changed to, ‘Longer term contracts are preferred where long term investment is required’. 

Subject to this amendment, the minutes were agreed as a correct record.

The Chairman asked if assurances could be given that previous issues relating to change control documentation (CCD) for the Waste Services contract had now been resolved. The Director of Commissioning assured the Chairman that change control documentation was now in place.  CCD clauses would be incorporated into all new contracts. The Executive Director for Environmental and Community Services clarified that with respect to the Waste Services contracts, finalisation of the CCD documentation required input from Finance and Legal. Everything had been agreed in principle with Veolia, and would be ready for the New Year.

The Chairman was pleased to note that a senior position for a Contracts Manager had been successfully recruited to. This person had been recruited from the private sector and possessed strong contract management skills. The post holder would take up post on 4^th January 2018, and would also be responsible for recruiting to several junior posts. The Chairman was eager for the post to be filled without delay. He was concerned about possible delays in recruiting to the junior posts, and asked if agency staff could be used in the short term. The Executive Director for Environmental and Community Services confirmed that this was possible.

RESOLVED that subject to the modification mentioned previously, the minutes be agreed and signed as a correct record. 

The Chief Executive attended the meeting to update the Sub-Committee concerning commissioning and changing organisational structure.

The Chief Executive stated that he was very encouraged by the update provided by the Deputy Chief Executive and Executive Director of Education, Care and Health around joint commissioning with the CCG. He was also very pleased with the excellent work that had taken place regarding the development of the Contracts Database. He was confident that this work would continue to successfully evolve and this would help the organisation to develop a strong control discipline. It was important that attitudes and behaviours were adaptable and flexible. He referenced changes that had taken place with respect to ECHS, and expressed the view that these were significant.

The Chief Executive was encouraged to see that LBB were harnessing new talent when required, and this would bring in new skills, knowledge, competence and experience to the organisation. He was also pleased to see a positive change in culture evolving and developing, and was confident that LBB possessed the right people with the right disciplines. The Chief Executive said that he was looking for rigour in operational and strategic management and for corporate discipline.

The Chief Executive remarked that he was comfortable with the current position of the organisation, and its ability to deliver corporately. The problems that had been faced by the organisation with respect to Children’s Services had been difficult, but in the longer term the organisation had benefited from the hard learning that had taken place. 

With respect to being a ‘commissioning authority’, the Chief Executive stressed that he tended not to focus on the concept of outsourcing, but more on the issue of getting value for money. Because VFM was crucial, it was important that efficient systems for contract monitoring were in place.

The Chairman asked if it was possible to provide an accurate definition of the term ‘Commissioning Authority’. The Chief Executive stated that core principles of being a commissioning authority would include working out who was best placed to provide a particular service, and how the organisation could achieve VFM in all that it did.

The Chairman was pleased to note that training for Contract Managers was now mandatory. He asked the Chief Executive that given the changes that had taken place in ECHS, did he now feel that LBB had the required skill sets to address the issues that had previously been identified. The Chief Executive responded that he was confident that ECHS did now possess the requisite skill sets, but there would naturally be a period of embedding. More use of Section 75 agreements may be required, but he was confident that LBB now possessed greater flexibility in teams and in corporate rigour generally. 

The Chairman raised the issue of how Members could ensure democratic oversight of the newly emerging organisation, as this was their responsibility.

A Member commented that LBB had always been a commissioning authority to some extent. He noted that mention had been made of a small  ...  view the full minutes text for item 86.

CEO 01636

A report was presented to the Sub-Committee to provide an update on joint commissioning with the Clinical Commissioning Group. The update had been requested by the Contracts Sub-Committee at its meeting on 21^st September 2017.

Members were informed that some of the joint commissioning was undertaken under Section 75 of the NHS Act (as amended by the Health and Social Care Act 2010), whilst other joint commissioning activities were funded through the BCF (Better Care Fund). 

The Sub-Committee was briefed that whilst the JSNA was the key data set from which local needs were defined, outcome based commissioning was also important in that it would impact on the health and wellbeing of Bromley residents.

The Deputy Chief Executive and Executive Director of Education, Care and Health explained that at the previous meeting of the Contracts Sub Committee (CSC) in September, a micro economic account had been provided with respect to commissioning; the intention for this meeting was to provide a macro economic outlook. He explained that by 2020 it was necessary that LBB and the CCG formulate a joint business plan. He stated that LBB could not solve health and social care needs in isolation, and so had to work in close partnership with the CCG. Efficient leadership would be required if good and effective services were going to be delivered to Bromley residents.

The Deputy Chief Executive referred to the 4 main elements of the report which were:

·  An overview of joint commissioning

·  Outcome based approaches

·  Previous good practice

·  Future priorities

The Sub Committee heard that the integration process had started with the Better Care Fund and was then furthered by the Improved Better Care Fund. The idea was to join resources together and to develop joint strategies. The Deputy Chief Executive and Executive Director of Education, Care and Health stated that there was a joint consensus that LBB and the CCG were on the right direction of travel together.

Mr Paul Feven (LBB Head of Programmes) stated that lots of discussions had taken place between LBB and the CCG on key issues. The discussions had then moved into agreement on key issues such as delayed transfers of care. Out of the agreement, a strategy had then been formulated. Joint posts had been set up, and working together would see the benefits of economies of scale in terms of spending power. Both organisations were able to purchase in the nursing care market. Trajectories needed to be joined, and an integrated joint mode of delivery was required.

Mr Feven referenced the good work undertaken by ICNs (Integrated Care Networks). The CCG website defines an ICN as:

‘An integrated care network (ICN) is a model of care that brings together a range of health and care services to work in a more joined up way to provide care for patients. This model enables services to be more responsive to the needs of patients and is focused on preventing ill health and proactively managing of patients with complex or  ...  view the full minutes text for item 87.

CEO 01635

The report on the Corporate Contract Register and Contracts Database update had been written by Dave Starling (Head of Commissioning and Procurement). The report presented November’s 2017 Corporate Contracts Register for consideration.

The report recommended that the Contracts Sub Committee note the Contracts Register information, including the part 2 commentaries. The Sub-Committee was also asked to note the progress made in developing the Contracts Database.

The Director of Commissioning informed the Sub-Committee that the Contracts Database had gone live in April 2017. An alerting mechanism had been incorporated as an additional feature. This would alert Contract Managers to the requirement to begin a renewal process for a contract. It was also the case that when a waiver form was required, these could now be accessed via the database.

Members heard that hard copies of contracts were kept under seal in the legal department and details of all contracts could now be accessed online. The Chairman was pleased to hear this. He stressed the importance of the benefits to the Council of using this as a working tool, and the fact that it would allow for detailed scrutiny of contracts. He expressed the view that it would allow Portfolio Holders to hold officers to account.

The Chairman speculated that it may be possible in future to sell the database model to other councils, and that the work undertaken was an excellent piece of work that was non-existent in many other councils.  He said it was an extensively admirable piece of work completed in a short space of time.

A Member suggested that the concept of the database making money for the Council be looked at by the E&R Working Group on Income Generation, another Member responded that this was unlikely to happen. 

It was agreed that £50k be set aside from Central Contingency to complete the next stage of the development of the Contracts Database which was more complex as it dealt with the Authorisation Process to address issues previously raised by Internal Audit.

It had been highlighted by the Director of Commissioning that some staff members had worked very long hours and not taken annual leave so that the work on the Contracts Database could be completed on time. A Member suggested that a thank you letter be drafted. The Chief Executive stated that it was possible to reward those staff members with vouchers. 

RESOLVED that

(1) The Sub-Committee notes the Contracts Register and that the publication of the Register forms part of the Council’s commitment to data transparency

(2) The Sub-Committee notes the additional commentary on the Contracts Register in Part 2 of the agenda 

(3) The Sub Committee notes the progress made with the development of the Contracts Database

(4) £50k be set aside from Central Contingency funds for the future development of the Contracts Database

CSD17164

The Work Programme report was written by Graham Walton, Democratic Services Manager.

The recommendation of the report was that the Sub Committee considers its work programme and indicates any particular issues that it wished to consider.

It was agreed that a further update on the Corporate Contracts Register be received at the next meeting of the Sub-Committee on 6^th February 2018.

It was also agreed that an update on Change Control Notices would be brought to the February meeting.

Members noted that for the meeting on 29^th March 2018, an item had been scheduled to look page by page through a good contract. A Member suggested that in this regard it would be good to look through a Section 75 contract.

RESOLVED that

(1) An update on Change Control Notices be brought to the meeting on 6th February 2018

(2) When the Sub-Committee examines a contract at the meeting in March 2018, it looks at a contract that is subject to a Section 75 agreement  

The Sub Committee noted and discussed a part 2 version of the Corporate Contracts Register.

This was the same document as the one considered in Part 1, but had some additional comment that referred to matters that may have been commercially sensitive.

The minutes of this discussion are noted in the Part 2 minutes.  

The minutes for this item have been recorded in the part 2 minutes.