Decision details

The Director of Social Services presented Cabinet with the report, which made recommendations with regards to the commissioning of Supported Living Services for people with a learning disability.

The Cabinet Member for Health and Social Care commented that the Council has substantial experience and a good track record of commissioning Supported Living Services from external providers. It was noted that with the current 10-year contract due to end this year, the retendering process was already underway, to start the new contract from April 2024.

The Cabinet Member continued and noted that the proposed changes would transfer the small percentage of Supported Living Services currently provided in-house to the external market, which already provides around 90% of the service. The Cabinet Member acknowledged officers’ advice, which was that the changes would ensure best value and future sustainability of the service, without reducing its availability to help people who rely upon it. The Cabinet Member emphasised the importance of this in the context of the significant budget gap, the rising cost pressures, and the rising demand within the service.

The Cabinet Member for Environment and Leisure questioned how the Council would engage with the individuals affected, including service users, their families, and staff members.

The Director of Social Services advised that, if agreed, the Council would provide regular engagement and communication with all affected individuals to ensure that they are kept fully informed of the process and timescales for service transfer. This would include sharing information, including easy read format, and holding meetings supported by social work staff and advocates, such as Cwm Taf People First and DEWIS Centre for Independent Living and in the case of staff, Trade Unions. It was added that, following the procurement process and contract award, the Council would engage with all affected individuals to address any anxiety they may have about the change of provider. There would also be opportunities to meet with the new providers to discuss any concerns.

The Cabinet Member for Public Health & Communities acknowledged the concern amongst the workforce in respect of the proposals and questioned whether the same reassurance could be provided as per the last item of the agenda (Minute No. 53), in respect of what TUPE means, and the protection it affords. The Cabinet Member also asked if the same assurance could also be provided in respect of job protection as a result of the changes, if agreed.

Alongside the Cabinet Member’s suggestion, the Leader asked if the same assurance could be provided as the last item of business (Minute No. 53) in respect of no compulsory redundancies.

The Director of Human Resources confirmed that the same protection would be applied in terms of TUPE and staff’s membership within the Local Government Pension Scheme. The Director advised the from an initial review, it was anticipated that all staff would be eligible for TUPE but should that not be the case, no compulsory redundancies would be undertaken as part of the process and that staff would be provided with options such as redeployment and voluntary early redundancy.

The Leader sought clarification that the three providers that would be tendering were not private sector companies and were not for profit, to which the Director confirmed.

Similarly, to the last item of business, the Cabinet Member for Climate Change and Corporate Services noted that the financial implications from the proposal would be built into the Medium-Term Financial Plan and requested further information.

The Service Director of Finance and Improvement Services advised that the report highlighted the current hourly rate differential between the independent sector and the in-house service, and when applied to the number of hours currently provided by the internal service, this equates to an estimated saving of around £650k per year.

The Service Director advised that the estimated saving would come with a number of caveats and that it needed to be considered in the broader context of the points made in the previous item in terms of:

·       The retender exercise, market forces and how the independent sector responds;

·       The fact that tenderers would be instructed by the Council to accept the requirements of TUPE and continued Local Government Pension Scheme membership for transferring staff; and

·       With specific regard to support living, each scheme is driven by differing complexities of need, with this informing the number of hours required.

The Service Director continued and explained that the above-mentioned ‘unknowns’ make it difficult to project with certainty the financial implications, but it was expected that the proposal, alongside the re-tender process underway with the independent sector for existing contracts, would provide opportunity for a more cost-effective service, this being set against the £35M budget gap faced by the Council for next financial year.

The Cabinet Member for Education, Youth Participation and Welsh Language questioned whether the services users and their families would see change in the small number of settings the Council currently provides.

The Director of Social Services assured the Cabinet that the proposal, if agreed, would involve no change to an affected individual’s home or to the level of care and support they receive. It was explained that TUPE would also mean that eligible staff employed in the remaining 9 in-house supported living homes would transfer to the new commissioned providers. As such, this would help to maintain stability for the individual and continuity of staff support around the provision of activities and their care and support during any transition.

The Director noted that people with a learning disability had been involved in the development of the new contract documentation and the evaluation methodology, which would help to ensure that the right person-centred service is being commissioned, which is more consistent and equitable across Rhondda Cynon Taf.

The Leader sought clarification that that the individuals at the properties have their own tenancies to which the Director confirmed. The Director advised that as part of the proposal, the tenancy arrangements would not change for the individuals, only the care provider as part of a procurement exercise.

With the agreement of the Leader, Non-Committee Member, County Borough Councillor K. Morgan was granted permission to address the Cabinet.

Similarly, to the last item of business, prior to any decision being made by the Cabinet, the Leader emphasised the importance of referencing the three points made by Members at the meeting in respect of the protection of membership for staff within the Local Government Pension Scheme, the recognition of Trade Unions to be factored in and that no compulsory redundancies are to be taken forward. As such, the Service Director of Democratic Services and Communication put forward the following additional recommendations for Member consideration:

2.4      The protection of membership for staff within the Local Government Pension Scheme to be factored into the procurement process to be taken forward;

2.5      The recognition of Trade Unions to be factored into the procurement process to be taken forward; and

2.6      That no compulsory redundancies are taken forward through the implementation of these proposals.

Members were satisfied with the information contained within the report, the responses of officers and the additional recommendations proposed by the Leader.

The Cabinet RESOLVED:

1.    To consider the information provided in this report, the Equality Impact Assessment (including Socio-Economic Duty) and Welsh Language Impact Assessment;

2.    To approve the transfer of the Council’s remaining nine Supported Living Services for people with a learning disability to specialist providers through the retender of the Council’s current Supported Living contract and commence from April 2024; and

3.    That the Director of Social Services is delegated with the authority, in conjunction with the Portfolio Holder, to award contracts following completion of the retender process and to make all necessary arrangements for the subsequent transfer.

In addition to the above-mentioned recommendations (2.1 to 2.3) as contained within the report, the Cabinet RESOLVED:

4.       The protection of membership for staff within the Local Government Pension Scheme to be factored into the procurement process to be taken forward;

5.       The recognition of Trade Unions to be factored into the procurement process to be taken forward; and

6.       That no compulsory redundancies are taken forward through the implementation of these proposals.