(UK5) Learning Disability - Housing Care and Support

Under the Health and Social Care Act 2008, the Care Act 2014 and other legislation, the Council has duties and responsibilities for the health, wellbeing and care of certain individuals. The Council is required to maintain access to supported and residential accommodation for adults with a learning disability. The direct award supports the Council in continuing to fulfil its legal obligations to vulnerable service users and their carers.

The Council has been conducting a procurement exercise to put in place a new contract for housing care and support services to people with learning disabilities. The new contract has been awarded, entered into and is now being mobilised. However, the mobilisation of the new arrangement has taken longer than anticipated and has not been completed before the expiry of the previous contract. Paragraph 13 of Schedule 5 of the Procurement Act 2023 provides a justification for the direct award of public contracts where it is strictly necessary for reasons of urgency and where a public contract cannot be awarded on the basis of a competitive tendering process. The short-term direct award is strictly necessary and urgent to enable the Council to continue delivering these critical services to vulnerable clients and fulfil its statutory duties under the Care Act 2014 until services fully commence and mobilise under the new contract. In this short time period there is insufficient time to undertake a competitive tendering procedure. The proposed direct award will provide contractual assurances to the supplier and support the continued delivery of statutory provision to vulnerable service users. IN addition the lengthy mobilisation period was not attributable to the Council, nor was it foreseeable.