GB-Telford & Wrekin: Statutory Advocacy

Telford & Wrekin Council is seeking a Provider to support the Council to fulfil its duty with regard to the provision of non-instructed advocacy. The service is for eligible people aged 16+ who have been judged to have substantial difficulty or lack the capacity to engage with processes relating to their care, health and support services, or in deprivation of liberty situations, and do not have an appropriate individual to represent them.

The ultimate goal of the service is to encourage empowerment in order that Individuals rights are secured, help them to make choices, promote the individual's well-being and ensure that their wishes are taken fully into account. In so doing, the service will promote social inclusion, equality and social justice.

The tender consolidates several Independent Advocacy requirements into a single contract to cover the following: •Independent Mental Capacity Advocacy (IMCA), including Deprivation of Liberty Safeguards (DoLS) and Relevant Individual's Representative (RPR); and •Care Act Independent Advocacy.

The Liberty Protection Safeguards (2019) are replacing the Deprivation of Liberty safeguards and are expected to be implemented from Summer 2020. The Provider shall undertake service development and transition with the Local Authority to ensure they can meet the requirements of the LPS. NOTE: The associated volumes and budget may need to adjust in line with these requirements, which shall be reviewed at a point when legislation comes into effect. The Contracting Authority shall collaboratively work with the Provider with regards to any changes that are required to the service delivery and make appropriate variations to the service specification and subsequently to the Contract via Legislative Change to ensure SA services are legally compliant.

It is anticipated that the requirements and key differences are: •LPS is likely to apply to people from age 16 •There is a duty to appoint an IMCA unless there is an appropriate person to represent and support the person •IMCA will replace the RPR role •LPS shall apply anywhere and Local Authorities will no longer need to apply to the Court of Protection for people not in a care home or hospital. •Referral to advocacy is controlled by a Relevant Person (the Responsible Body or care home manager) •There is no provision for advocacy where there is no one to consult during the assessment process

The Provider shall demonstrate to the Local Authority their ability and readiness to transition from current requirements to those set out above that: •Minimises impact to individuals regarding the change from an RPR to an IMCA as representative •Ensures workforce capacity with the skills and competencies required. •Communication to key stakeholders of the changes and new operational requirements •Leads on changes and implementation of new operational processes

Additional information: The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (SMEs). However, any selection of tenderers will be based solely on the criteria set out for the procurement.