Decision Reference Number: WPCC3-0102
Lead Officer: Sara Ansell
Chief Officer approval: N/A
Date: 11/07/2023
Status: Partly-confidential – supporting documents covered by s41. Commercial Interests
Decision summary:
The purpose of this decision is to approve the awarding of a new contract to provide an Appropriate Adult service to support vulnerable persons detained in custody, which will supplement and complement the work of the Appropriate Adult volunteers.
I confirm that my register of interests declaration is up to date and that none of my interests preclude me from making this decision.
Signature: Philip Seccombe
Date: 02.08.2023
Supporting information
1. Background information
The Police and Crime Commissioner for Warwickshire has a responsibility to provide Appropriate Adult (AA) services in line with the requirements specified in the Police and Criminal Evidence Act (PACE) 1984.
AA services in Warwickshire are currently provided through two separate schemes – a third party contractor, and also through a volunteer scheme, that is effective and overseen by a dedicated resource within the OPCC. The schemes work hand in hand to ensure 24/7 AA services are available to those detained in custody, as necessary. The volunteer scheme has been developed over the last couple years, with more intensive work undertaken more recently to support volunteers in their roles. The volunteer service has proved to be very successful and is highly valued. Whilst the intention is to continue to support and if possible, grow the volunteer service in coming years, the AA service coverage is required 24/7, and demand at any point could outstrip the capacity of the volunteer service. It is therefore essential that a contract is in place to ensure the continuity of service provision in any and all circumstances.
A tender process was undertaken to appoint a new contractor to replace the current contract which is due to expire at the end of September 2023.
The OPCC team has worked closely with the Warwickshire Police procurement team in addition to key custody staff to gain a full understanding of the future service requirements. Other forces were also contacted to understand their experience and practises regarding AA service provision in their own localities. A pre-market engagement event with the National Appropriate Adult Network (NAAN) and YPO framework was undertaken. The YPO framework was subsequently recommended as it was developed with support from NAAN which ensures its compliance with the PACE code of practice and other relevant legislation.
A tender was published on the 19th May 2023. In response to the tender, only one bid was received. The bid has been fully evaluated by a small team in line with the set criteria. This evaluation process should ensure that the service specification requirements will be adequately met, all due diligence checks are fully undertaken and to ensure that value for money is achieved through the new contract.
The new contract is due to be in place by the 1st October 2023, and will be awarded for a period of 3 years, with options to extend for 2 further 12 month periods. A full evaluation report has been provided to the PCC for his consideration to seek approval of the contract award.
2. List of additional information attached as appendices
Procurement evaluation report – confidential
3. Expected benefits
The contract will ensure that the legal responsibilities of the PCC to provide an AA service are fulfilled.
4. Impact of not approving the application
The volunteers service would be the only means of providing AA support. Clearly there could be occasions where volunteer provision may not be available or able to meet demand, and without a contract in place this would be problematic.
5. Costs (including any identified savings)
The contract is based on an hourly rate charge, and is on a needs/call off basis. The contract does not carry a total confirmed annual value. This provides for full flexibility, and will complement the volunteer service for the provision of the AA service.
6. Equality considerations
Custody officers will call on the AA service as necessary, using either the contracted service or volunteers. The OPCC will oversee the contract management, and the service is available to anyone that requires it. The impact on equality has been taken into account, and no adverse issues have been identified at this stage.
7. Legal comments
A compliant procurement process has been ran. Legal advice will be sought and for the completion of the contract.
8. Social or Environmental considerations
Social value considerations formed 10% of the tender evaluation process.
9. Publication
Information in this form is subject to the Freedom of Information Act 2000 (FOI Act) and other legislation. Unless the information provided is covered by an exemption and stated to be either confidential or partly confidential, the information contained in the form will be published on the OPCC website.
Comments from the Treasurer
The costs of this contract are provided for within the annual PCC budget. A fully compliant and open procurement exercise has been ran, and a recommendation has been made for the contract award. The service will operate alongside the volunteer AA service, which is both successful and highly valued. The two service model should ensure that provision for the AA service is able to meet demand, and fulfil the PCC’s legal responsibilities.
Comments from the Chief Executive and Monitoring Officer
Appropriate adults deliver an invaluable service for vulnerable detainees, it is important that where and when necessary, the service provided is both responsive and qualified. Having a paid service that compliments that of the volunteers will ensure high service delivery, one that is cost effective and reinforces the responsibilities of the PCC.
