Provision of Domiciliary Care Services in the Western Health & Social Care Trust Area - Lot 3 Rate

Contracts

• Provision of Domiciliary Care Services in the Western Health and Social Care Trust Area Lot 3 · Bryson Care West, Connected Health LimitedSME, North West Care and Support Ltd

  Signed

  9 Sept 2016

  Value

  £19,850,711

  Status

  active

  • Change The Health Minister made an announcement on 24th November 2021 that additional funding for pressures on service provision within the Independent Domiciliary Care sector (“Additional Funding”) would be available for the current financial year for the domiciliary care sector. Following this announcement, the Department of Health Northern Ireland (“DoH NI”) made a direction in respect of this Additional Funding. The direction from the DoH NI stated:- “The overarching principles of this additional funding is to ensure that Independent Sector providers deliver significant improvements in the pay, and terms and conditions for staff across the sector. This has been emphasised to the sector representatives who have committed to ensuring that the uplift in funding will be utilised to stabilise and increase capacity across the sector. It is also the Department’s expectation that Trusts will work proactively with the sector to maximise capacity within areas of greatest need in terms of step-down and discharge from hospitals, waiting lists and unmet need. The Department will also continue to engage with the sector to drive these changes.” The Trust issued a letter dated 22nd December 2021 to current Providers to vary the Contract to increase Providers’ Hourly Rates to £18.00 per hour from 1st November 2021 until 28th February 2022 in accordance with the above noted direction of the DoH NI. The DoH NI further directed as follows: (1) that the Additional Funding referred to above of £18.00 per hour continue to be paid for the financial year 2022/2023; and (2) that the hourly rate of £18.00 referred to above should be further increased to £18.08 per hour to reflect the increase in the 2022/23 Employers National Insurance Contribution rate to ensure that the ability of Providers to improve the terms and conditions for their staff is not diminished with the implementation of the statutory increase in Employers National Insurance Contribution rates. The Trust is bound by statute to comply with directions of the DoH NI and as such to make payment as directed of an increased Hourly Rate of £18.08 to its current domiciliary care providers for the period from 1st April 2022 until until 28th February 2022. In compliance with this statutory obligation to comply with the DoH NI direction, the Trust therefore issued a letter dated 23 February 2023 to all current Providers to vary the Contract in respect of this direction. The Trust refers also to its responses below at VII.2.2 and VII.2.3., Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: The Trust refers to its response at VII.2.1 above. The first condition of this ground under Regulation 72(1)(c)(i) PCR 2015 is that the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen. Regulation 72(1)(c)(i) PCR 2015 is satisfied in respect of this modification as the need for modification has been brought about by external circumstances, being the referred DoH NI direction, which a diligent contracting authority could not have foreseen when the Trust awarded these contracts back in 2016. The second condition of this ground under Regulation 72(1)(c)(ii) is that the modification does not alter the overall nature of the contract. Here the service, being a domiciliary care service, is unchanged. As such, the modification does not alter the overall nature of the Contract and therefore satisfies Regulation 72(1)(c)(ii). Continued in Section VI

Dispute resolution & review bodies

• The High Court of Justice In Northern Ireland, Royal Courts of JusticeReview body BelfastContact email, phoneShow contact details