Third, the
petition asks why alternative provision was not put in place
earlier given the amount of notice given by Action for Children
(AfC). This is perhaps the key point and I must be quite blunt
here. As I made clear to a number of Assembly Members during
a recent meeting on this subject (and separately in correspondence
with Welsh Government officials), it is my expectation that when a
third party tenders for a service, they will deliver it – not
subsequently revert to the Council for additional funding,
effectively at the expense of others given the finite budgets
within which we must operate. If any third party does not feel able
to deliver the service for the quantum of funding available, they
should not be bidding for it in the first place in my
opinion.
Unfortunately,
AfC appears to have something of a track record of accepting
contracts and then at least threatening to pull out. This
first happened as long ago as 2009 in the Upper Afan Valley when
they gave us notice to quit requiring us to go through an expensive
and unsuccessful tendering process. On that occasion, AfC
then said they would continue to deliver the service. This
happened again in 2014 when AfC indicated that they would be giving
notice; but then pulled back again. In March of this year, we
received a further letter regarding Croeserw and Glyncorrwg
indicating that they did not think they would be able to continue
with the service; but the formal notice did not arrive until 29
April 2015. Initially at least the Council made the quite
reasonable assumption that having pulled back twice before, AfC
might do it again. So, the bottom line here is that this
position is not of the Council’s making and it is unfortunate
to say the least that AfC persists with this administrative
hokey–cokey rather than concentrating on providing the
services which they contracted to deliver.
There are
also other factors at work here. Any discontinuation of the
service would lead to TUPE liabilities falling on an alternative
provider or the Council. In terms of value for public money, the
Council is obliged to take account of such considerations.
More widely, there is no certainty from the Welsh Government that
Flying Start funding will continue beyond the end of the current
financial year (2015/16), so even if we had issued a new tender in
May of this year, there would have been no guarantee that anyone
would bid for such a short contract.
Taken
together, the tendering requirement and the essential registration
process with the Care and Social Services Inspectorate for Wales
(CSSIW) could quite possibly have resulted in no provision being
available this side of Christmas in any event. We also have
concerns that the quality of tenders would have been affected in
these circumstances. These are all very relevant
considerations in terms of your first point about a replacement
service from September. Against this background, I entirely
reject the implication in the petition (and in recent media
comment) that the Council has been
slow off the mark here. Again, I stress that this is not a
problem of our making.