Preschool Education Changes to Commissioning

For 2011/12 School Year

David HanleyPerformance Improvement Officer

Commissioning Team

Topics

• Introduction• Why contracts are changing• What this will mean for Preschool Education

2011/12• Provider feedback

Why contracts are changing

• Why change what works?• Legal and Policy drivers

– Scottish Procurement Directorate Guidance– Treaty on the Functioning of European Union– Public Contracts (Scotland) Regulations

• Approved Provider List review concluded recently• Findings

– APL Disbanded– Replace with Contracts Register

Why contracts are changing

• Legislative and Policy Drivers• Scottish Procurement Directorate

– “Guidance on Procurement of Care and Support Services”

• Modern Procurement Theory • “Procurement is the process by which public

bodies purchase goods, services and works from third parties

Why contracts are changing

• So why is APL being discontinued and replaced with Contracts Register?– APL ‘s may restrict competition– Lack of advertising– Requires only minimum standards– Need to negotiate T & C’s– Contain unnecessary information– Absence of qualitative information– Need “open and fair” competition under SPD guidance– Therefore open to legal challenge

What will replace existing Service Level Agreement ?

• Service Level Agreements (SLA’s) originally only designed for identifying responsibilities between public bodies– So they can not sue each other

• As part of APL review we are redesigning legal documents – So they reflect actual nature of contractual relationship– Will use standard contract terms used in care contracts– Will have generic and specific sections

Preschool Education Contract – General Conditions 2011/12

• Interpretation• Identification of Parties• Definition and Related Matters• Eligibility To Contract• Commencement and Duration• Scope of Agreement• Service Specification and Service

Standards• Financial Arrangements• Staffing• Access to Records• Confidentiality & Freedom of

Information• Equal Opportunities• Health & Safety• Indemnity & Insurance

• Assignation and Sub Contracting• Service Monitoring and Review• Best Value and Quality Assurance• Records and Information• Complaints• Conflict of Interest• Prevention of Corruption and Collusion• Notices• Arbitration and Resolution of Disputes• Variation• Termination (General)• Publicity• Scots Law

Preschool Education Contract – Specific Conditions 2011/12

• Scottish Social Services Council (SSSC)registration of staff

• CPD - courses that may have been identified by L.A Officers in discussion with Service following either an HMIE or CC Inspection

• Care Commission Grades of Good or above• Staff vetted under Protection Vulnerable Group

Scheme• Accounts audited and submitted to OSCAR if required• Contract Monitoring explicitly required

Preschool Education Contract – Specific Conditions 2011/12

• Aim of Specific conditions– Improving and evidencing quality of service

provided• Contract is the basis of relationship

between Council and provider• Doesn't work unless mutual understanding

exists• Contract makes requirements explicit• Evidenced by contract monitoring

Contract Monitoring• Being undertaken for Early Years currently• Based on contractual requirements

– Initial Self Evaluation Questionnaire (SEQ) to identify risk– Followed by monitoring visit incorporating

• CC/HMIE grades• Complaints & service concerns• Previous action plans• Identify improvement activity for both parties• Opportunity for both parties to discuss issues and make

improvement suggestions

• Feeds into overall Contract Monitoring Framework – All care providers subject to this process

Contract Monitoring

• Question– “We already get inspected by Care Commission so

why does Council repeat process”• Answer

– “Care Commission don't fund your service”– And external bodies will audit Council and ask why

we spent it in this way • Different focus exists with Contract Management

– Money spent so its in both our interests

Contract Monitoring – Why Bother?• As purchaser of services need to ensure we are

obtaining Value For Money– Best Value duty of all local authorities– Public Services Improvement Framework (PSIF)– SPD Guidance

• To compare provider performance• To raise service quality• To identify issues

– Good practice – Less good practice (need improvement activity)

Contract Monitoring – Future Trends• Need to

– Raise quality– Need to compare service providers– Need to implement SPD Contract Monitoring process

• Answer– Contract Monitoring and regular discussion– About supporting providers to provide excellent

service• Unless major contractual breach

– Key Performance Indicators

Key Performance Indicators (KPI’s)• Part of SPD Contract Management Framework• Contains

– Management Level (Provider Risk)– Performance Management Information

• Quality• Service • Delivery• Cost

– Performance Review Meeting• Looking for your input?

– How do you evidence the service quality?– How to identify meaningful indicators?

Quality

• Care Commission grades• HMIE grades• Management Returns

– Inspection– Complaints– Absences– Incidents– Are we notified?

Service

• Service Concerns/Complaints received• % investigations completed within time period• % staff trained to appropriate level, eg SVQ3

level • % Absences children• % Staff turnover• % Provider questionnaires indicating

satisfaction levels with service delivered

Delivery & Cost

• % Action plan outcomes achieved• % Management Returns submitted on time• Cost reduction/efficiency initiatives identified

during review meeting

Review Meeting

• Based on monitoring process • Informed by KPI’s• Outcome dictates next round of monitoring

information• With that in mind we want your opinions on

most recent round of monitoring activity– Self Evaluation Questionnaire– Monitoring Visit

What's in it for provider?

• Clarifies relationship and expectations• Builds understanding • Identify opportunities to continually improve

service– Contract is an improvement driver

• Platform for advertising quality of service provided

• Maintain funding

Summary

• Covered why APL process and contractual documentation changing

• Need for improved quality • Contract means for delivering commissioners

objectives• What's going to be in contract• How this is going to be monitored to ensure

continuous improvement

Questions/Feedback Session