Blackburn with Darwen day care move 'illegal' says top Tory

Blackburn with Darwen Council's executive board on Thursday night voted to extend the existing framework by six months to allow a full procurement exercise for the £1.3 million a year service to take place without a gap in provision.

This was despite strong objections from the borough's Conservative group leader Councillor John Slater who branded the move 'illegal'.

The meeting agreed to 'waive the council’s contract procurement procedure rules, to extend the current contract arrangements for six months to allow the procurement to take place without a gap in service, and to procure commissioned day care services for a two-year contract term from October 1, 2024, until September 30, 2026'.

But Cllr Slater seized upon a paragraph in the report by adult social care boss Cllr Jackie Floyd, which said: "A six month contract to extend current arrangements would normally need an open tender process under the Council Contract Procurement Procedure Rules unless a waiver is approved.

Cllr John Slater branded the council's decision illegal

"The extension of these contracts is arguably permitted by regulation 72 1 (e) of the Public Contracts Regulations 2015.

"Promptly conducting the proposed procurement will reduce the risk of a legal challenge to these extensions."

Cllr Slater told Cllr Floyd: "This is extremely concerning. You have jumped the gun.

"This process is illegal under the council's constitution.

"We have spoken to health secretary Victoria Atkins and she agrees.

"This report should be parked until we have taken it back to the Department of Health."

He said the council's constitution made clear the value of the contract extension exceeded the £214,904 threshold which would have permitted the six month waiver under authority's own public contract procedure rules, and therefore could not be properly authorised.

Cllr Floyd's report said: "Hopwood Court (in house provision) provides support to those with complex learning disabilities and advanced dementia.

"In 2019 a contract was awarded for lower-level day care provision for older people and those with mild learning disabilities.

"Age UK Blackburn with Darwen and Derwent Hall were awarded the contracts. Age UK covered the Blackburn area with Derwent Hall covering Darwen.

"The current day care commission is interdependent with the utilisation of community centres in Blackburn (Little Harwood, Accrington Road and Greenfields)."

After chief executive Denise Park and monitoring officer Asad Laher said in their view the waiver was in order, the meeting voted to confirm the recommendation, with Cllr Slater voting against.

After the meeting he said: "We shall take this back to Victorian Atkins and her department in London.

"The executive board cannot approve this decision because it does not have the power to do so under the constitution.

"Unfortunately there may have to be a gap in service provision because Labour's incompetence makes that unavoidable."

Cllr Floyd said: "It is not introducing the waiver that is illegal. It would be not doing so to allow for a proper procurement process that would break the law."