Agenda and minutes

Apologies were received from Cllr Tickner, Cllr Harry Stranger acted as alternate.

Cllr Marlowe sent apologies for lateness.

Councillor Harry Stranger declared an interest as his niece worked for Veolia in Hampshire. 

The minutes were agreed and signed as a correct record.

The Chairman identified the following matters from the previous meeting that needed to be followed up:

The Chairman referred to the third paragraph on page 4 of the minutes. This related to the number and type of service users being monitored at the central library. The Chairman requested that this be followed up with the Library Service and that a breakdown of users be requested.

The Chairman referred to paragraph 5 of the same page, this referred to percentages noted in response to a survey. It had been mentioned in the minutes that the meaning of the percentages noted in the table required clarification, and that Mr Woolgar had promised to investigate this and report back. The Chairman requested that this be followed up with Mr Woolgar.

The Chairman noted in the minutes that clarification was required concerning the Council’s policy regarding lease cars, and he asked that this be followed up. 

The Chairman then referred to the following note from page 6 of the minutes:

The Director of Commissioning outlined that a piece of work was required to ascertain how many social care staff took lease cars, and how many took cash alternatives. This would be investigated by the Director of Regeneration, Renewal and Recreation and the Director of Human Resources. This information would then be presented to the GP&L Committee and would form part of the next budget strategy.

The Chairman stated that no such report had been submitted to GP&L and he asked for a paper to be submitted if possible for the January meeting of the Contracts & Commissioning Sub Committee. 

Post Meeting Note:

A request was made to the Director of Regeneration, Renewal and Recreation and the Director of Human Resources for this update on 17^th December. The response to the request was that a report on lease cars would be going to the meeting of the Executive on 16^th January. 

Members noted page 6 of the minutes (paragraph 4). This was with respect to negotiations that LBB was undertaking with the PRUH regarding the Mortuary Contract. The Chairman asked if an update around the negotiations could be brought to the January meeting of the Contracts and Commissioning Sub Committee.

Post Meeting Note:

A request for an update concerning the negotiations around the Mortuary Contract to be brought to the January meeting was emailed to officers on 17^th December.

The Chairman referred Members to the following minutes from the September meeting:

It was agreed that when the new Capital Plan report regarding LBB building a mortuary from scratch, or refurbishing an existing building (like the former mortuary building in Beckenham) was available, it should be presented to the Contracts and Commissioning Sub Committee as an information item. The initial scrutiny of the report would be undertaken by the Environmental Services PDS Committee. 

RESOLVED that the minutes of the meeting that took place on 19^th September be agreed and signed  ...  view the full minutes text for item 36.

CSD 18167

Members noted the Matters Arising report.

It was agreed that the matter relating to the progress of health care issues would be updated upon during the meeting on 2^nd April 2019.

Members noted the matter arising with respect to a new Capital Plan report for the building of a new mortuary. The Chairman hoped that this report could be presented to the Committee at the meeting on April 2^nd 2019.

Post Meeting Note:

It subsequently came to light that a working group was being set up by the Assistant Director of Public Protection to assess the feasibility of LBB building a new mortuary from scratch. It was not feasible for a Capital Plan report for such a large project to be ready for the April meeting. However, the Assistant Director of Public Protection agreed to attend the January meeting to provide a verbal update.

Concerning the matter regarding consultants (and their role as official officers), Members noted the explanation that had been provided by the Director of Corporate Services.

RESOLVED that the Matters Arising report is noted.   

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 Wednesday 5^th December 2018.

No questions had been received.

CEO 18003

Members noted the Corporate Contract Register and Contract Database Update report.

The report was written by Laurence Downes, Assistant Director of Governance and Contracts. The report presented December 2018’s Corporate Contracts Register for consideration.

The Chairman noted that this was a live database that was fully functioning. He asked what level and type of data was accessible from the database. He wanted all relevant documentation to be downloadable from the database. This should be categorised in a particular way. It was agreed that in the first instance the data would be categorised by Portfolio Holder. He also asked if all of LBB’s contracts were on the CDB and was advised that work was planned for early 2019 to review third party spend records against the CDB, which would identify any omissions.

Members noted the red-flagged contracts on the Contracts Register. The Committee was appraised that both the Openview Security Solutions Contract and the Depots Security Contract had been red-flagged as the timescales for contract renewal were tight. Members were briefed that with respect to the Passenger Transport Services Contract, the contract was expected to be tendered over two lots, totalling just under £7m.

The Royal Mail Contract had been red-flagged as this was being tendered via a framework agreement which required extending, and the timescales were tight.

Finally, the Mortuary Contract had been red-flagged as the contract had been extended and negotiations were in progress with respect to a new contract agreement. 

The Chairman was pleased to note that there were only five red-flagged contracts.

RESOLVED that

1) Members note that the appended Contracts Register formed part of the Council’s commitment to data transparency and that the Contract Register presented in the Part 2 section of the agenda included a commentary—elements of which may be commercially sensitive.

2) Members note the report and also the progress made regarding the Contracts Database.

3) For the meeting on April 2^nd 2019, an update is provided concerning the level and type of data and information that can be accessed and downloaded from the Contracts Database.    

The Chairman informed Members that the Commissioning Board (CB) was no longer meeting. He expressed the view that the CB had performed a useful function in examining contract extension and contract variation reports as well as service redesign. He had been informed that the new Interim Chief Executive wanted to set up a new board which was called the ‘Transformation Board’ (TB). The Chairman was concerned that in the interim, work was not being examined.

The Chairman felt that the Terms of Reference for the TB should be looked at by the Executive, Resources and Contracts PDS Committee, as some Member oversight was required. The previous role of the CB was explained, and this had included scrutinising new contracts, promoting the mitigation of costs by service re-design as well as playing significant roles relating to compliance and quality. In the last 12 months the CB had reviewed over 100 reports. There was currently a lack of clarity regarding the new role of the Transformation Board, and when it would start meeting. 

A discussion took place regarding the differences between Commissioning and Transformation.

The Chairman was hopeful that the terms of reference for the new TB could be presented to the January meeting of the Committee. It was also suggested that the new Interim Chief Executive should be invited to the meeting.

The Chairman declared that PDS Committees were not scrutinising contracts in sufficient depth. He said that one option for consideration was to take the scrutiny function away from PDS committees, and that the scrutiny role be undertaken by the Contracts and Commissioning Sub Committee, which would then need to expand to a full size scrutiny committee. The Chairman acknowledged that the reality was probably that this role would be too big for any single committee.

The Chairman suggested another option for consideration which was that the Chairmen of PDS Committees report back to the Executive, Resources and Contracts PDS Committee regarding which contracts they had examined at their PDS Committees. He felt that PDS Chairmen should ensure that they paid sufficient attention to contract matters and suggested that re-training may be required.

A Member asked who would be looking at how LBB would transform. In theory this was the Executive. A Member asked if contract information could be presented more clearly on PDS agendas. 

RESOLVED that

1) The Terms of Reference for the Transformation Board be presented to the Committee at the meeting scheduled for 15^th January.

2) The new Interim Chief Executive be invited to the meeting on 15^th January to update the Committee regarding the Transformation Board. 

An update on the Commissioning Board had been covered in the item relating to the Transformation Board.

The Interim Head of Programme Design for ECHS (Mark Davison) and the Strategic Commissioner—Programmes Team ECHS (Charles Oseghare) attended the meeting to provide an update around the Mental Health Contract with Oxleas. A copy of the Management Action Plan from Internal Audit had been tabled for information and reference.

The Chairman explained that he had wanted to look at the Mental Health Contract in detail as six Priority 1 (P1) recommendations had been identified by Internal Audit in April. It was felt that not enough attention had been given to the operation of the contract since its inception sixteen years ago; there were currently six years to run on the contract. The contract provided a number of assessment services, mental health and other interventions.

Mr Oseghare had been appointed to deliver against the Action Plan that had been developed subsequent to the audit. He had been tasked with looking at the wider contractual elements, KPIs, outcomes, and performance management. The relationship with Oxleas needed to be based on a clear understanding of objectives.

The Chairman pointed out that the problems with the contract were historic and systemic over the length of the contract. He expressed the view that the relationship with Oxleas was not good in that the relationship between contractor and commissioner was not clearly defined and that relationship modules had been missing. No Mental Health Board had existed. The contract was straightforward, but had not been worked out properly. CCNs (Change Control Notices) had not been put in place, and there was a lack of monitoring and control as well as a lack of formal measures to ensure delivery of services. These matters were concerning. In the light of all of this, the Chairman was worried that clients may have been receiving a sub-standard service. He was also concerned that LBB may not have been getting value for money.

It was noted that Mr Oseghare had set up a Mental Health Board shortly after his appointment in July 2018. The Board undertook a strategic and governance function. The monitoring of the S31 agreement was being done by the Director of Adult Social Care and the Programmes Team.

Mr Oseghare was meeting regularly with the CCG Management Team. He was now a few weeks away from being able to submit a new draft document to Oxleas for a new contract going forward.

Mr Davison was confident that LBB could now be very clear on what would be required from a new contract when the new commissioning process was commenced in 3-4 years time. The Chairman asked if all of the care plans had now been reviewed. It was clarified that all care plans in excess of £900.00 had now been reviewed.

The Chairman enquired what the timeframe was for reaching a finalised agreement with Oxleas. Mr Oseghare responded that it was anticipated that a final Deed of Variation would be in place by mid-January 2019. The Chairman was pleased with this, and the Vice Chairman commented that he felt  ...  view the full minutes text for item 42.

CSD 18183

Members noted the Work Programme and the fact that there would not be a Contracts Register report going to the January meeting.

It was agreed during the course of the meeting that the following be added to the Work Programme for January 2019:

·  Verbal update on the Mortuary Contract, including  an update regarding the potential Capital Programme for building a new mortuary

·  Scrutiny of a report relating to Lease Cars

·  An update on the new Transformation Board

For the meeting on April 2^nd, an item would be presented by Mr Downes concerning the type and level of data and information that was accessible from the Contracts Database.

RESOLVED that the Work Programme is noted, and that the above mentioned items be added to the Work Programme for January 2019.   

ES18082

Members were presented with the Part 2 Executive report which had been presented to the Executive on 28^th November 2018.

The Chairman had asked to review the report. The full title of the report was, ‘Award of Contracts for Waste Disposal, Waste Collection, Street Environment and Parks Management and Ground Maintenance’.

The update on the report, which also included lessons learnt from the negotiation process, was provided by the Director of Commissioning and by Mr John Bosley, (Assistant Director for Environment). 

The full minutes of this item have been noted in the Part 2 section of the minutes.

Members discussed the Contracts Register under Part 1, and so there were no additional Part 2 minutes to note.

The exempt minutes of the meeting of the Contracts & Commissioning Sub Committee that sat on 19^th September 2018 were agreed and signed as a correct record.

The date of the next meeting is scheduled for Tuesday 15^th January 2019

Members noted that the next meeting was scheduled for 15^th January 2019.