Decision details
Decision Maker: Leader of the Council and Corporate Finance & Governance Portfolio Holder
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: No
Purpose:
To enable the Leader of the Council to consider exercising their authority to make an urgent decision to terminate Tendring District Council’s Supply of Services Agreement with AE Partners Ltd (trading as ‘YourStride) in respect of services provided by the Council’s Careline staff and authorise Notice of Termination being given in accordance with Clause 46 of that agreement to provide 16 weeks prior notice.
Decision:
(a) following consultation with the Section 151 and Monitoring Officers, to make an urgent decision, on behalf of the Cabinet, to authorise immediate notice being served on AE Partners Ltd giving 16 weeks prior notification to terminate the Supply of Services Agreement between them and the Council;
(b) that the Directors for Governance and of Planning and Communities be authorised to take the necessary administrative steps to enable this decision to be implemented as soon as possible and without further delay to the Council; and
(c) notification of such decision will be reported to Members accordingly.
Reasons for the decision:
The YourStride contract is not economically viable, is heavily subsided and the increase in the number of service users in recent months is placing an unmanageable burden on resources and the Council’s ability to maintain an effective and safe service.
Alternative options considered:
Alternative options could include not terminating the Contract and continuing with the current arrangements; but this would result in continued reliance on costly casual and external support subsidised by Tendring residents.
Another option would be to delay any decision on the Contract until after any Cabinet decision on the future of the Careline Service. However, irrespective of any option chosen or decision taken by the Cabinet in relation to the future of Careline, the pressures on resources associated with the delivery of the Contract would continue and would almost certainly have to be resolved through termination. The Council is already not performing the requirements of the contract to the specification of services, in that the TSA accreditation has lapsed. Given the immediacy of the problems being caused by the Contract, it is considered expedient to address ahead of, and without prejudice to, any Cabinet decision on the future of Careline.
An alternative approach could be to renegotiate the YourStride contract with the aim of increasing the income to the Council to a level that might be viable and covers its costs without the need for subsidy from Tendring residents. However, even if YourStride is open to renegotiation, and their recent response would demonstrate otherwise, that could take up precious resources and a lengthy process during which time the Council might continue to be subsidising an unviable contract. The reasons to continue with the Contract would need to be established through formal decision making, to ensure the correct legal powers were identified and complied with.
Urgent item?: Yes
Publication date: 25/10/2024
Date of decision: 24/10/2024