Kirklees Council in Collaboration with Bradford Council Calderdale Council East Riding of Yorkshire Council Hull City Council Leeds City Council North Yorkshire County Council Sheffield City Council Market Sounding Exercise Scheme Title Best Interest Assessors and Deprivation of Liberty Safeguards Framework Scheme ID KMCAS - 095 Contracts Monitoring Unit 3rd Floor, Kirkgate Buildings Huddersfield HD1 1 BY Procurement lead: David Pym Email: david.pym@kirklees.gov.uk Tel: (01484) 221000 Version number: v1.3 Date: 2/12/15 Please respond by 12:00 noon on 21st December 2015 via www.yortender.co.uk 1 Introduction Kirklees Council in collaboration with the above mentioned Councils is looking into a potential procurement option to put in place future framework contractual arrangements for suitably qualified and experienced organisations or individuals to deliver Best interest Assessments and Deprivation of Liberty Assessments. Whilst these Councils are taking a lead it is hoped that most if not all the Councils in the Yorkshire and Humber area will join the framework. Soundings are currently being taken. To support this, we would like to gain information from the market regarding a number of issues related to the potential procurement exercise. You are therefore invited to consider the programme requirements detailed in this document, and complete the attached questionnaire to give us your feedback on the proposed approach. This Market Sounding Exercise (MSE) is not an invitation to tender or a request for formal expressions of interest. The Council, as contracting authority, is issuing this request for information only, in order to assess the reaction of the market and thus make any potential procurement process more focused and efficient. This process is being undertaken to gather knowledge in the following areas: The potential level of interest, from providers, in this contract opportunity. The capability of providers to deliver a tried and tested programme. The benefits to your organisation in participating in this process include: The chance to assess whether the opportunity will be suitable and of interest to you. The chance to raise any risks, concerns or issues regarding the potential opportunity. This document provides background information regarding the provision of Best interest Assessments and Deprivation of Liberty Assessments. Also set out in this document are a number of questions designed to find out: your appetite for bidding for a contract to deliver this service. your views on any barriers to delivering the service and possible solutions to those barriers. Your responses will assist us in creating a procurement process which is well-framed, focused, feasible and likely to be of interest to the market. This process focuses on the market as a whole, rather than on the merits of individual organisations. Returned questionnaires will be assessed based on the responses to the questions identified at Appendix 1. Please ensure you complete and return your questionnaire prior to the defined closing date and time. 2 Background As providers will be aware following the Cheshire West case in 2014, Councils across the country have been faced with a significant increase in the number of Best Interest Assessments and Deprivation of Liberty Assessments they have been required to undertake. In many cases there has been a tenfold increase in this requirement. Obviously, the increase in the number of assessments has also led to an increase in the amount spent on these services to the extent that it is now considered necessary to put a more structured contractual arrangement in place. Additionally, a more formal arrangement is necessary to ensure that there are standards against which assessments are carried out and to ensure that Councils internal rules and European Union contractual rules are complied with. Scope In financial terms the above mentioned Councils are spending in the region of £900k£1m per annum. Whilst at the moment only the above mentioned Councils have expressed a wish to work together it is hoped that more of the Yorkshire and Humber Councils will eventually join in with this arrangement. The Project brief is to set up a framework agreement that meets the needs of all the Councils and ensure that there are sufficient assessors in each of the areas to ensure that Councils can meet their statutory duties with regard to the provision of this service. The Councils cannot guarantee your organisation any work under the potential Framework Agreement but we anticipate there will be vested interest in the framework Agreement, once established, from the Local Authorities detailed on page 8. Registering on YORtender In order to access supporting information and future tender documentation for this service you must select Kirklees Council as one of the Councils you wish to work with (please see the “public sectors bodies section”). Guidance on this procedure can be obtained by selecting the “Help” option at the top of the YORtender page,. By indicating Kirklees you will automatically receive notifications and any supporting information relating to these services. Market Sounding Questionnaire In order to assist the Councils to develop the above mentioned services, we would appreciate responses from interested parties on the following key questions in the context of the information provided above. Additional comments are welcome, although respondents are requested to specifically address the questions rather than attaching extensive technical or promotional information. 1. What experience do you have in providing Best Interest Assessments? 3 2. What experience do you have in providing Deprivation of Liberty Safeguards Assessments? 3. How many years have you been acting as a Best Interest Assessor? 4. What is the name of the organisation where you undertook your qualification? 5. Do you have any formal training that qualifies you to carry out Best Interest Assessments 6. Please detail how many hours of continuing professional development training you have undertaken each year since becoming a qualified Best Interest Assessor. 7. Do you currently work as a Best Interest Assessor in a particular Council area if so which Council area? 8. Would you be interested in working as a Best Interest Assessor in other Council areas in Yorkshire and the Humber? 9. If you have answered ‘Yes’ to question 8 which areas would you be prepared to work in 10. Would you be willing to work for a fixed rate in your primary local authority (the local authority in which you are based) and a fixed rate plus a mileage rate of £0.45 for all other areas. You should complete the Appendix 1 document and return via YORtender by 12 noon on Monday 21st December 2015. Please and ensure your answer is relevant to the specific question and in any event no more than 250 words. Please do not send any attachments or additional documents as they will not be considered. Consortia The Councils mentioned above welcome responses from potential consortia i.e. whereby organisations or individuals join together in submitting a response to the services outlined in this document. 4 Compliments and complaints Any compliments, complaints or feedback regarding this MSE can be made to the procurement lead indicated above. Open data and freedom of information The councils are committed to openness and transparency in their activities and decisions. In addition, we are subject to legislation and guidance relating to information publishing and open data, including the Freedom of Information Act. Please state in your response any information that you wish to remain confidential and confirm that it fits within a legally recognised exemption. Please also provide contact details within your response so that should the council need to consult you on any information request we can do this promptly. You are advised that information which falls into the council’s interpretation of exempted information may still have to be disclosed in some circumstances, for example as a result of an appeal by a member of the public against our initial decision not to reveal information. Incurred expenses The council will not be responsible for, or pay, any costs or losses or expenses which you or others incur during the preparation and submission of your MSE response. Disclaimer The publication of this MSE document does not commit the Council to any particular procurement process or to take forward this project in any way. For the avoidance of doubt, this document is issued for the purpose of conducting an information gathering exercise and does not formally begin the procurement. Responding to this MSE will not place you in a more favourable position at the tender stage of this or any other project. Queries If you have any questions in relation to this MSE these should be submitted via the ‘Discussions’ facility in YORtender Where the response to an enquiry does not relate to commercially confidential matters, the City Council will copy the response to all organisations who have expressed an interest in this exercise. If you wish to avoid such disclosures you should clearly mark the enquiry “In Confidence” and set out the reasons for the request for non-disclosure. The City Council will at its discretion decide 5 whether the enquiry is confidential and, if it does not consider it to be so, you will have the option of withdrawing the enquiry. This does not affect the City Councils obligations under the Freedom of Information Act 2000. If you have any problem submitting your response (Appendix 1) or experience issues with the YORtender system prior to the deadline, or you require further guidance on any of the processes within the YORtender system, please contact the YORtender helpdesk on: Tel: 0844 543 4580 Email: yorkshiresupport@due-north.com 6 Appendix 1 Market Sounding Exercise Scheme Title Best Interest Assessors and Deprivation of Liberty Safeguards Framework Scheme ID KMCAS -095 Name of Organisation Responding: 1. What experience do you have in providing Best Interest Assessments? 2. What experience do you have in providing Deprivation of Liberty Safeguards Assessments? 3. How many years have you been acting as a Best Interest Assessor? 4. What is the name of the organisation where you undertook your qualification? 5. Do you have any formal training that qualifies you to carry out Best Interest Assessments 7 6. Please detail how many hours of continuing professional development training you have undertaken each year since becoming a qualified Best Interest Assessor. 7. Do you currently work as a Best Interest Assessor in a particular Council area if so which Council area? 8. Would you be interested in working as a Best Interest Assessor in other Council areas in Yorkshire and the Humber? 9. If you have answered ‘Yes’ to question 8 which areas would you be prepared to work in? Council Yes / No Council Barnsley MBC North East Lincolnshire Council Calderdale Council North Lincolnshire Council City of Bradford North Yorkshire County Council Craven District Council Richmondshire District Council Doncaster MBC Ryedale District Council East Riding of Yorkshire Council Rotherham MBC Hambleton District Council Scarborough Borough Council Harrogate Borough Council Selby District Council Hull City Council Sheffield City Council Kirklees Council Wakefield Council Leeds City Council Out of Yorkshire and Humber Area Councils (where Councils have out of Area placements) 8 Yes / No 10. Would you be willing to work for a fixed rate in your primary local authority (the local authority in which you are based) and a fixed rate plus a mileage rate of £0.45 for all other areas? 11. Please inform us of any confidential and/or additional information that you consider relevant to this MSE response. Signed Name (Block Capitals) Designation For and on behalf of Registered Office Address Email and Website addresses Telephone Date 9