Agenda item

Report ED13085

The Portfolio Holder introduced a report outlining the results of a commissioning review undertaken of a range of Education Services as part of the Bromley Commissioning Programme, which aimed to consider future delivery options to assist in the achievement of the Council’s Target Operating Model as a ‘… commissioning organisation, determining who is best placed to deliver high quality services based on local priorities and value for money principles’.  The commissioning review had considered the potential to deliver a range of services through either in-house or commissioned external provision, including Admissions, Strategic Place Planning and Capital Management, Education Welfare, Behaviour Services, School Standards, Workforce Development and Governor Services, Early Years and Special Educational Needs (SEN) Inclusion Support. 

The Commissioner, Education and Children's Social Care advised Members that there was a need to consider how a range of services currently delivered by the Local Authority might be delivered into the future to ensure best value provision of quality services.  Soft market testing had already taken place to establish if there was any initial interest or capacity by external providers, and it was now proposed to undertake full market testing via a tendering process which would allow a range of options to be considered in more detail.  This would compare delivery of services through existing in-house provision with external providers.  No changes to service were proposed in the report under consideration for any of the services for which it was requested to undertake market testing.  The market testing process would include engagement as appropriate with relevant stakeholders and providers as well as with parents and carers.  Meetings would be held with schools’ representatives to explore how schools and service users could best be engaged as part of the discussion.  A Co-opted Member noted that children and young people should also be asked their views over the future provision of services they used.

Following Members’ agreement, Mr Glenn Kelly, Staff Side Secretary addressed the Education PDS Committee.  Mr Kelly highlighted the need to maintain the current high quality of service provision and ensure that services continued to be targeted at those children considered as being most in need, as well as ensuring that children with lower level special educational needs or disabilities were not disadvantaged by any change in delivery mechanism.  External providers would need to be profit driven in the delivery of services which might impact quality of service provision.  The Local Authority currently benefitted from some of the services considered within the review which met or exceeded income generation targets, including the Education Welfare, Free School Meals and Education Psychology services.  Every child in the Borough had the right to be provided with support to reach their full potential and to access joined up, quality services and Mr Kelly urged that market testing not be undertaken.

In considering the review, the Chairman confirmed that the Local Authority needed to secure the best model for delivery of quality services into the future.  A number of other Local Authority services had previously been commissioned from external providers, such as the School Improvement Service, with service quality maintained through rigorous monitoring processes.

A Member queried if the level of current service provision could change in the future, whether delivered by either an in-house or an external provider.  The Commissioner, Education and Children’s Social Care confirmed that the Local Authority had statutory duties in respect of certain services, but also provided some discretionary services, and these could alter over time where appropriate. 

Another Member highlighted the need for a consistent basis when comparing in-house provision with external providers. 

In response to a question from a Member, it was confirmed that any member of staff interested in developing a social enterprise to deliver services on behalf of the Local Authority should be signposted to impartial advice and support.  The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) would be applied where appropriate to protect the working conditions of any staff member whose service was transferred to an alternate provider. 

RESOLVED that the Portfolio Holder be recommended to:

1)  Request that the Council’s Executive approve the following proposals:

a)  Market testing for all relevant Education Services via a tendering process for a single ‘bundle’ of services for a contract with a minimum term of five years with appropriate extension options;

b)  The commencement of discussions with relevant schools for a contract for services for the Primary Hearing Impairment Unit and Secondary Deaf Centre;

c)  The retention of appropriate in-house capacity (in relation to the services in the scope of this report) to ensure the Council can provide strategic leadership and management of the delivery of Education Services, with the details to be finalised aligned with the market testing of services and the on-going Baseline Review process; and,

d)  Sustained sold service delivery for relevant Education Services so that they can form part of the market testing approach for the future delivery of services.

2)  Request that the Council’s Executive agree:

a)  That the market testing programme be overseen by the Commissioning Board; and,

b)  That a further report detailing the outcome of the market testing and recommendations be reported to a future meeting of the Council’s Executive, and that this report describe how quality of service and support for children be monitored and enforced.