ENQUIRY for the by cuiliqing

VIEWS: 136 PAGES: 83

									                                               I
                        INVITATION TO TENDER for the

       Provision of Short Breaks for Disabled Children and Young
                              People

      CONTENTS
1.    Enquiry Summary
2.    Submission Requirements
3.    Submission Conditions
4.    Schedules
      Schedule 1           Required Information and Tender Format
      Schedule 2           General Tender Questionnaire
      Schedule 3           Pricing Specification
      Schedule 4           Detailed Specifications
      Schedule 5           Conditions of Contract
      Schedule 6           Project Specific Questionnaire
      Schedule 7           Tender Analysis
      Schedule 8           Freedom of Information Act 2000
      Schedule 9           TUPE Compliance (General) Employees and Employment Matters
      Appendix A           Categories of need
      Appendix B           Boundary Map
      Appendix C           Individual Placement Agreement (IPA)
      Appendix D           North Somerset Council's Missing Persons Protocol
      Appendix E           Events and Notifications
      Appendix F           Service Provision Outcomes
      Appendix G           Evaluation Matrix (Separate Attachment)

1.    ENQUIRY SUMMARY

1.1   Overview of Our Requirement

1.1.1 North Somerset Council Children and Young People‟s Services (The Council) has a
      statutory responsibility to provide short breaks for disabled children and young people;
      as required by the duties in the Children Act 1989 and the Children and Young Persons
      Act 2008. Outreach services are also provided to adoptive families.

      The Council intends to re-tender the contracts for short breaks in four lots as specified
      below.




                                               1
        Lot   Description                            Start Date   End Date    Length of   Option
                                                                              contract    to
                                                                                          extend
        1     Overnight short break residential      1/4/2012     31/3/2015   3 years     Up to 1
              placements (Tier 1)                                                         year
        2     Overnight short break residential      1/4/2012     31/3/2015   3 years     Up to 1
              placements (Tier 2)                                                         year
        3     Overnight short break home             1/4/2012     31/3/2015   3 years     Up to 1
              based (specialist foster care)                                              year
              placements
        4     Short break outreach placements        1/4/2013     31/3/2016   3 years     N/A
              (to include care within the child or
              young person‟s home and
              activities within the community)

      There will be an option to extend these contracts, agreed by both parties in advance of
      the end date, for a maximum period of one year, with the written agreement of both
      parties.
1.1.2 The Council wants to contract with providers able to provide high quality overnight
      short breaks for disabled children and young people; and outreach placements which
      include care within the child or young person‟s home and activities within the
      community. The outreach placements may be offered to other groups of children and
      young people, for example, adopted children and young people. The services will be
      offered to children and young people aged between 3 and 17 years.

1.1.3 The service will be designed for children and young people to spend time in the
      company of people other than their primary carer(s) to provide the opportunity of new
      experiences outside their family network with a range of people and to give their family
      carers a break.

1.1.4 This project is part of a strategy to ensure children and young people have access to a
      range of services that are more personalised, flexible and orientated around the needs
      of children and young people and their families. The top priority for families is high
      quality, regular and reliable short breaks which involve them in service design.

1.1.5 The Council has a range of schemes to assist disabled children and young people eg,
      holiday play schemes and family link provision and there is an expectation that the
      successful provider/s will work in partnership with these services.

1.1.6 There are approximately 700 children and young people with disabilities living in North
      Somerset and 32 in total access overnight short breaks. 17 children access residential
      placements, 15 access home based placements, 90 access outreach placements and
      24 access family link provision. Some children and young people access more than
      one of these placement types.




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1.1.7 Providers are now formally invited to meet these requirements and the purpose of this
      document is to provide the necessary information to enable Tenderers to submit a
      response.

1.2   Commercial Requirements
1.2.1 You must provide all the information requested in the Submission Requirements.
      Failure to do so may disqualify your tender.

1.2.2 All prices shall be fixed in pounds sterling delivered to the relevant locations and be
      inclusive of all duties. All prices shall be exclusive of VAT.
1.2.3 In order for us to assess comparative costs and technical content, you are required to
      provide a tender in accordance with this specification. This does not preclude you from
      forwarding alternative specifications but any deviations from this specification must be
      identified as alternative options.
1.2.4 We shall not be bound to accept the lowest tender or any tender, and reserve the right
      to accept all or any part of the tender; neither shall we be responsible for or pay any
      expenses or losses which may have been incurred in the preparation of your tender.
      You shall not include any standard conditions by a general reference thereto or
      incorporate your own stationery with any conditions written or printed.
1.2.5 Your tender must remain valid for a period of at least three months.
1.2.6 Tenders analysis will be scored 50% quality 50% price. Additional information can be
      found in Schedule 7 – Tender Analysis and Appendix G – Evaluation Matrix

1.3   Contractual Requirements
1.3.1 All contractual requirements are contained within this document.
1.3.2 These contracts will be governed by English law and are subject to the exclusive
      jurisdiction of the English Courts.
1.3.3 We may by written notice cancel the Contract and recover any resulting loss from you if
      you, your employees, agents or subcontractors with or without your knowledge has
      offered, given or agreed to give any person any gift or consideration of any kind as an
      inducement or reward for doing or not doing anything in relation to the obtaining of this
      or any other contract with us or for showing favour or not showing disfavour to any
      person in relation to this or any other contract with us.
1.3.4 We may by written notice cancel the Contract and recover any resulting loss from you if
      you, your employees, agents or subcontractors with or without your knowledge has
      committed an offence under the Prevention of Corruption Acts 1889 to 1916 or given
      any fee or reward the receipt of which is an offence under Section 117 of the Local
      Government Act 1972.
1.3.5 You shall comply with all legislation, official guidance and codes of practice relating to
      equal opportunities, including but not limited to The Equality Act 2010. You shall comply
      with the meaning and the scope of the provisions of
         the Sex Discrimination Act 1975,
         the Equal Pay Act 1970,
         the Employment Equality (Sexual Orientation) Regulations 2003,
         the Employment Equality (Religion or Belief) Regulations 2003
                                               3
           the Race Relations Act 1976,
           the Race Relations (Amendment) Act 2000,
           the Disabled Persons (Employment) Act 1944,
           the Disability Discrimination Act 1995,
           the Health and Safety at Work Act 1974,
           the Management of Health & Safety at Work Regulations 1999
           the Consumer Protection Act 1987

        and any other statutory modifications or enactments thereby and all other legislation.
1.3.6   We may by written notice cancel the Contract if you become bankrupt or being a
        company go into liquidation (other than for purposes of amalgamation or
        reconstruction) or suffer a receiver to be appointed or have an administration order
        made on you.
1.4   Additional Information
1.4.1 Persons proposing to submit a tender are advised first to read the documentation
      carefully to ensure that they are fully familiar with the nature and extent of the
      obligations to be accepted by them if their tender is accepted. Where the word “shall”
      is used this is mandatory, where the word “should” is used this is to be regarded as
      desirable. In the event that a Tenderer is unable to fully comply this must be explicitly
      stated in the tender submitted.

1.4.2   The Tenderer should seek to clarify any points of doubt or difficulty before submitting a
        tender. For this purpose contact can be made, in writing, to the named authorised
        officer as detailed below. Clarification should be sought at least 10 working days
        before the date fixed for receipt of tenders. If it is decided to amend the Tender
        Documents, then all Tenderers will be notified accordingly.

1.4.3 If Potential Suppliers have additional questions regarding this tender, please send
      these via the South West Procurement Portal: www.supplyingthesouthwest.org.uk

1.4.4   The Authority will answer all questions from Tenderers and to ensure a consistent
        interpretation of the Request, all clarification statements will be made available in
        writing to all Tenderers at specific points during the stated period.

1.4.5 The Authority shall not conduct face to face meetings with responding Tenderers at
      any time during the period between issuing the Request and receiving the Response to
      the Request.

1.5     Tender Submission

1.5.1 Your tender must be submitted via the South West Procurement Portal:
      www.supplyingthesouthwest.org.uk by noon on 19 September 2011.

1.5.2 The preferred format of documents for electronic submissions is pdf, which is an ISO
      certified open standard for electronic documents. Submissions should be submitted via
      the South West Procurement Portal.




                                                4
2.    SUBMISSION REQUIREMENTS
2.1   General
2.1.1 Your tender is to follow the format laid down in Schedule One – Required Information
      and Tender Format.

2.1   Pricing
2.1.1 You must price to the format detailed in the schedules.

2.1.2 Your tender must be valid in its entirety for a period of 3 months.

2.2   Declaration of Intention to Sub-let
2.2.1 You are required to state in your tender the nature of any work you propose to sub-let
      and the proposed sub-contractors.

2.2.2 This declaration is required for information purposes only at this stage. In the event of
      a contract being issued to you as a result of this Enquiry, you will still be required to
      apply in writing to the Council for permission to sub-let and the fact that this declaration
      is completed in no way implies the automatic approval or the granting of permission to
      sub-let the listed works.

3.    SUBMISSION CONDITIONS
3.1   Submission
3.1.1 The submission of a tender shall be on the basis that you have satisfied yourself with
      regards to all conditions likely to affect the supply or execution of the work. No claim by
      you for additional payment will be allowed on the ground of any misunderstanding or
      misapprehension in respect of all such matters.

3.1.2 You shall be deemed to have satisfied yourselves before submitting your tender as to
      the correctness and sufficiency of your tender for the work and the prices shall cover all
      obligations under the supply and maintenance contracts and all matters and things
      necessary for the proper completion and execution of the supply and maintenance
      contracts.

3.2   Source of Origin

3.2.1 In the case of imported goods, prices must include delivery, duty paid and which must
      remain firm and fixed and not be subject to escalation or amendment through any
      variation in currency exchange rates and taxation.

3.3   Initial Confidentiality

3.3.1 All recipients of this Enquiry for the proposed contract must treat the details of the
      documents as strictly Private and Confidential (whether they submit a tender or not).

3.4   Ethical Trading

3.4.1 The Council may by written notice cancel the Contract and recover any resulting loss
      from the Service Provider if the Service Provider, his employees, agents or
      subcontractors with or without his knowledge has offered, given or agreed to give any
      person any gift or consideration of any kind as an inducement or reward for doing or
                                                5
      not doing anything in relation to the obtaining of this or any other contract with the
      Council or for showing favour or not showing disfavour to any person in relation to this
      or any other contract with the Council.

3.4.2 The Council may by written notice cancel the Contract and recover any resulting loss
      from the Service Provider if the Service Provider, his employees, agents or
      subcontractors with or without his knowledge has committed an offence under the
      Prevention of Corruption Acts 1889 to 1916 or given any fee or reward the receipt of
      which is an offence under Section 117 of the Local Government Act 1972.

3.5   Equality and Diversity
3.5.1 We are an equal opportunities employer and service provider. You must also be an
      equal opportunities employer and service provider and comply fully with equal
      opportunities legislation and North Somerset Council‟s Equality and Diversity policies.

3.5.2 The Equality Act 2010, the Race Relations Act 1976 as amended by the Race
      Relations (Amendment) Act 2000, Sex Discrimination Act 1975 and Equal Pay Act
      1970 impose a statutory duty on local authorities, in carrying out their various functions,
      to have due regard to the need to:
       eliminate unlawful discrimination
       promote equality of opportunity
       promote good relations between people from different groups

3.5.3 Tenderers should note that the Council‟s equality requirements are included in contract
      conditions. The conditions require successful tenderers to provide information to the
      Council to enable it to see that the firm is complying with these contract conditions

3.6   Contractual Conditions
3.6.1 Conditions of contract will be as detailed in Schedule 5 - Conditions of Contract




                                               6
Schedule 1 - Required Information and Tender Format

You are to submit your tender in the following format with the required
information. Failure to do so may disqualify your tender.

1.    Tenderer Information
1.1   Registered Name
1.2   Registered Number
1.3   Company Head Office Address
1.4   VAT Registration Number
1.5   Information supplied by (name, position and e-mail address)

2.    Pricing
2.1   You are to submit your price in the format detailed within Schedule 3 - Pricing

3.    Specific Issues
3.1   You are to provide information as requested within Schedule 6 – Project Specific
      Questionnaire.

4.    Compliance with Specification
4.1   You are to confirm your compliance with Schedule 4- Detailed Specification.

5.    Lead-time
5.1   Please detail the minimum amount of time from being awarded the contract to contract
      start

6.    Acceptance of Conditions of Contract
6.1   Please confirm your acceptance of the Conditions of Contract contained within
      Schedule 5.

7.    Freedom of Information Act 2000
7.1   If you consider that the disclosure of any of the information included in your quotation
      would prejudice your legitimate commercial interests, or would result in the disclosure
      of any of your trade secrets, please identify such information in Schedule 2 and explain
      (in broad terms together with a time period after which the information could be
      disclosed) what harm may result from any disclosure by us pursuant to the Act. You
      must give a clear justification in writing why they prefer any information to be withheld.

7.2   Additional information is contained within Schedule 8.

8.    Payment Terms
8.1   The Provider will submit to the Council invoices quarterly in arrears with VAT
      separately identified and the Council will endeavour to make payment within 30 days of
      receipt for services provided to its satisfaction, save where the Council is not satisfied
      that the details shown on the invoice are correct or where the Council receives invoices
      earlier than the commencement of the period to which they relate.

8.2   The Provider shall submit invoices to Accounts Payable Team, North Somerset
      Council, Town Hall, Weston-super-Mare, BS23 1UJ. Each invoice shall contain the
                                              7
         purchase order reference and a detailed breakdown of the Services and shall be
         supported by any other documentation reasonably required by the Council to
         substantiate the invoice.

8.3      The Council may reduce payment in respect of any Services, which the Provider has
         either failed to provide or has provided inadequately, without prejudice to any other
         rights or remedies of the Provider.

9.       Additional Information
9.1      You may supply any additional information that you consider to be relevant.

10.      Conflict of interest
10.1     Has any Director, partner or Associate or their relative been a serving Member of North
         Somerset Council or has ever been employed by the Council (if „yes‟, please give
         details)?

11.      Presentations
11.1     Those top three candidates who provide the highest scoring tenders will be invited to
         present their proposal to a small number of North Somerset Council officers. Please
         keep the date 30 September 2011 clear for this. This may be followed by a visit to your
         offices/premises.

12.       Insurance
12.1      The level of liability insurance required on this contract is:
12.1.1    Public liability – minimum £5,000,000 for any one act or omission
12.1.2    Employer liability – minimum £10,000,000 for any one act or omission
12.1.3    Professional liability – minimum £5,000,000 for any one act or omission
12.1.4    Sexual abuse and molestation public liability – minimum £5,000,000 for any one act
           or omission

13.       Performance Bonds
13.1      The successful tenderers for Lots 1 and 3 will have to provide a performance bond for
          each Lot that binds itself and its successors and assigns to us the sum of One
          Hundred and Five Thousand pounds (£105,000) (“the Bond”).

13.2      This bond, a Surety, covenants with us to pay to us a sum or sums up to the amount
          of the Bond, within one calendar month of a claim by the Authority, if any of the
          events set out below occurs

13.3      The events referred to in Clause 13.2 above are:-

          (a)   An authorised and nominated officer certifying that you have failed materially to
                comply with the terms, conditions, provisions, or stipulations of the Contract;

          (b)   The Contractor:-
                (i)   having a receiver or administrative receiver appointed; or
                (ii)  having a provisional liquidator, receiver or manager of its business or
                      undertaking appointed; or
                (iii) entering into a voluntary agreement with its creditors; or
                (iv)  having a winding-up order made against it; or
                                                 8
             (v)     having possession taken by or on behalf of any holders or any debentures
                     secured by a floating charge or any property comprised in or subject to
                     the floating charge; or
             (vi)    is in circumstance which entitle the court or a creditor to appoint or have
                     appointed a receiver, manager or administrative receiver or which entitle
                     the court to make a winding-up order; or
             (vii)   ceasing to exist;

       (c)   The Contractor otherwise being unable to perform all the terms of the Contract.

14.    TUPE (if applicable)
14.1   We have included obligations within the specification and contract conditions relating
       to workforce matters. See Schedule 9 and for further information the Code of Practice
       – Workforce Matters in Local Authority Service Contracts (2003) www.odpm.gov.uk.
       These obligations require the successful contractor to protect terms and conditions
       (including pensions) of transferring staff and to employ new-joiners on “terms and
       conditions which are, overall no less favourable than those of transferred employees”
       and to give them reasonable pension arrangements. Service providers will be
       required to take account of these obligations in preparing their tender and negotiating
       the contract.

14.2   The current contractor is Action for Children.




                                               9
Schedule 2 – General Tender Questionnaire


General guidance notes
You are the "applicant", and the term refers to sole proprietor, partnership, Limited Company,
Co-operative or as appropriate. The undertaking should be signed by the applicant, a partner
or authorised representative in her/his own name and on behalf of the applicant.

Please answer the questions specifically for your Company and not for the Group where your
Company is part of a group of Companies.

Please include, where appropriate, any supporting documents marking clearly on all
enclosures your organisation‟s name and the number of the question to which they refer.

Where a question is not applicable, please write "NOT APPLICABLE".

Any further information that you wish to submit should be appended on separate sheets and
headed “Supporting Information”.

The information you provide in this Questionnaire will be relied upon and taken to be true and
accurate. If it is subsequently determined that any information supplied was inaccurate and
was relied upon for evaluation purposes, the Council reserves the right to exclude your tender
(if still under evaluation) or if the contract has been awarded to you and the information
inaccurately supplied had a significant bearing on the award then the Council shall be at
liberty to terminate the contract.

Procedures for the letting and regulation of the contract will be in accordance with the
Council's current Standing Orders and any appropriate Domestic and European Legislation
and Directives.

Please refer to Schedule 7 Tender Analysis for further information.

Please do not include general marketing or promotional materials for your Company, either as
answers to any of the questions; or for any other reason.

The deadline for queries is 9 September 2011. It should be noted that such requests, and the
answers, will be communicated to all other suppliers via the portal or any other appropriate
method of communication. It is envisaged that all suppliers submitting a questionnaire will be
notified by email of the outcome of their application by the 28th October 2011.




                                              10
How the General Tender Questionnaire will be evaluated

Sections 2, 3, 4, 5, 6, 10, 11, 12 and 13 will be treated as grounds for exclusion without
further consideration.

Section     Description                                                              Scoring
                                                                                     within
                                                                                     section

Section 1   General applicant information                                              For NSC
                                                                                     information
                                                                                         only

Section 2   Financial Information – the Council will carry out a preliminary         Pass/Fail
            independent financial assessment. Organisations which in the Council‟s
            view present an unacceptable risk, having regard to the nature and
            value of the contract, will be excluded.

Section 3   We request 3 references. If referees highlight areas of significant      Pass/Fail
            concern, the Council can exclude an application without further
            consideration.

Section 4   Technical and management resources                                       Pass/Fail

Section 5   Non compliance with Health and Safety legislation and failure to         Pass/Fail
            demonstrate intention to comply by date of contract award.

Section 6   Failure to comply with the equal opportunities requirements of North     Pass/Fail
            Somerset Council.

Section 7   Quality Assurance                                                          For NSC
                                                                                     information
                                                                                         only

Section 8   Environmental Policies                                                     For NSC
                                                                                     information
                                                                                         only

Section 9   Freedom of Information Act 2000                                           Applicant
                                                                                     information
                                                                                         only

Section 10 Refusal to comply with the Council‟s insurance or performance bond        Pass/Fail
           requirements as applicable.

Section 11 Data Protection and Confidentiality of Information                        Pass/Fail

Section 12 Failure to provide copies of Child Protection, Safe Care and Medication   Pass/Fail
           Policy

Section 13 Failure to complete the declaration                                       Pass/Fail

                                             11
12
1.     GENERAL APPLICANT INFORMATION.

1.1    Full name of applicant (registered name, if
       a limited company). If a partnership, the
       full name of each partner must be given.
1.2    Business address (for correspondence)




1.3    In the case of a Limited Company,
       Registered Office address (if different
       from above)
1.4    Person signing application on behalf of
       the Firm
1.5    Position in organisation of person signing
       application
1.6    Telephone number of applicant
1.7    Email address of applicant
1.8    VAT registration number
1.9    Is the applicant a sole trader, partnership,
       Private or Public Limited Company or
       other (please specify)
1.10 Have any of the Directors, Partners or                YES / NO
     Associates been in any Organisation
     which has been liquidated or gone into
     receivership? (If so, give details)

1.11   Has any Director, Partner or Associate              YES / NO
       ever been employed by this Council? (If
       so, give details)
1.12   Please state if any Director, Partner or            YES / NO
       Associate has a relative(s) who is or was
       employed by North Somerset Council as
       an Officer or is or was a District
       Councillor. ? (If so, give details)
1.13   If a Limited Company state the applicant's
       date of registration and registration
       number
1.14   Please enclose a copy of the Certificate of
       Incorporation of the Applicant under
       Section 13 of the Companies Act
       1948/1985 and any Certificate of Change
       of Names (if applicable).

                                                      13
1.15   State the applicant's date of registration
       and registration number under the
       Industrial and Provident Societies Act
       1965/1978
1.16   If the applicant is a member of a group of
       companies, give the names and
       addresses of the ultimate holding
       company and all other subsidiaries.
       Please also provide a Structure Diagram
       to illustrate the relationships.
1.17   If your Company is a member of a Group /                                              YES / NO
       Joint Venture, has another Group/Joint
       Venture member applied for this
       Contract? If yes please provide details.
1.18   Would the group or the ultimate holding company be prepared to                        YES / NO
       guarantee the applicant's contract performance as its subsidiary?
1.19   Please confirm that the objects of the Applicant, as set out in the                   YES / NO
       Memorandum of Association provide for it to carry out contracts of
       the type applied for.


2.     FINANCIAL INFORMATION.

       An assessment of the applicant‟s financial standing and financial capacity to undertake
       the contract will be made through an assessment of the company‟s profitability, liquidity,
       gearing and turnover. The Council can provide further information upon request.

2.1    Who in the applicant‟s organisation is responsible for financial matters?
                       Name
                    Position
                    Address
         Telephone Number
2.2a   For companies with an aggregate turnover of £13.44m gross copies of audited accounts and
       annual reports for the last 2 years should be enclosed, to include:
                                                          Balance Sheets                      YES / NO
                                                Profit and Loss Accounts                      YES / NO
                                               Full notes to the Accounts                     YES / NO
                                     Director‟s Report / Auditor‟s Report                     YES / NO
2.2b   For companies with an aggregate turnover of between £2.8m and £13.44m gross copies of
       abbreviated accounts and annual reports for the last 2 years should be enclosed, to include:
                                                     Full Balance Sheets                   YES / NO
                                     Abbreviated Profit and Loss Account                   YES / NO
                                               Full Notes to the Accounts                  YES / NO
                              Director‟s Report / Special Auditor‟s Report                 YES / NO
2.2c   For companies with an aggregate turnover of less than £2.8m copies of abbreviated accounts

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      and annual reports for the last year should be enclosed, to include:
                                     Abbreviated Balance Sheet and Notes                         YES / NO
        Special Auditor‟s Report (unless annual turnover is less than £1m)                       YES / NO
           Details of annual turnover, profit/loss, interest received and paid                   YES / NO
                                                           and dividends paid
2.3   Details of any outstanding claims or
      litigations against the applicant, if
      any. If none state NONE


3.    REFERENCES.

      If referees highlight areas of significant concern, the Council can exclude an application
      without further consideration.

      Please give details of 3 previous contracts undertaken relevant to the work applied for:

                                    Reference 1                  Reference 2           Reference 3

3.1   Organisation name

3.2   Contact name and
      telephone number

3.3   Date contract awarded

3.4   Contract reference and
      brief description




3.5   Contract value

3.6   Date contract was
      completed



4      TECHNICAL AND MANAGEMENT RESOURCES.

       The applicant has never had a contract terminated or had its employment determined
       under the terms of a Contract – Pass

       If the applicant has had a contract terminated or had its employment determined under
       the terms of a Contract you will still pass if the details you provide are acceptable to the
       Council.

4.1    State the address from which the
       Contract with the Council would be
                                                   15
       controlled
4.2    State the address from which the
       Contract with the Council would
       operate (if different from above)
4.3    Has the applicant suffered a                                                         YES / NO
       deduction for liquidation and
       ascertained damages in respect of
       any Contract within the last 3
       years? If yes please provide
       details.
4.4    Has the applicant ever had a                                                         YES / NO
       Contract terminated or had its
       employment determined under the
       terms of a Contract? If yes please
       provide details.
4.5    Has the applicant ever had a                                                         YES / NO
       Contract not renewed for failure to
       perform to the terms and
       conditions of a Contract? If yes
       please provide details.
4.6    If the answer is YES to any of the
       questions above, further details
       should be enclosed on separate
       sheet(s).


5.    HEALTH & SAFETY.
      If a full response is given with details and evidence that comply with health and safety
      requirements or if you can reasonably demonstrate an intention to comply by the date of
      the contract award – Pass.
      If the response is unclear or there is non-compliance with health and safety legislation or
      a failure to demonstrate that steps have been taken to improve health and safety matters
      – Fail.
5.1   Who is the Director, Partner or other Senior Manager responsible for the implementation of the
      applicant's Health and Safety Policy and Procedures?
                      Name
                    Position
                    Address

5.2   How many people work for your organisation?

5.3   Do you employ a qualified Health and Safety Adviser?                                  YES / NO
      If YES please provide the following details.
      Adviser‟s Name
                                                     16
       Adviser‟s Professional
       Qualifications
       Is the person named
       a consultant or an
       employee?
5.4    Is your Company a member of any Safety Organisations, such as RoSPA or                YES / NO
       British Safety Commission? If YES please provide details
5.5    How are employees and others
       provided with training, information and
       instruction necessary to ensure
       compliance with health and safety
       legislation?
5.6    Do you provide Health & Safety Training to your employees?                            YES / NO
a




5.6    What Health and Safety Training is
b      provided to all employees?


5.7    Have your work activities been adequately risk assessed? If YES please provide        YES / NO
       copies of TWO different completed assessments.
5.8    Do you promote First Aid Training of your employees? If YES please provide the        YES / NO
       number of employees who hold current First Aid Certificates and the name of the
       Authority issuing.
5.9    Explain how you monitor and audit your
       workplace/activities for safety?


5.10   Do you hold regular meetings where health and safety is included in agenda            YES / NO
       items?
5.11   If YES to 5.10, do you take minutes of these meetings?                                YES / NO

5.12   Please attach a signed and dated copy of your most recent written Health and Safety
       Policy Statement (as required by Section. 2(3) of the Health and Safety at Work Act
       1974 and a copy of the contents page of your Health and Safety arrangements.
5.13   Do you give an undertaking, if requested, to provide North Somerset Council with      YES / NO
       a copy of your Company‟s Health and Safety Manual?


6.     EQUAL OPPORTUNITIES

       If answer „yes‟ and full response given with detail and evidence or if show an intention to
       comply by date of contract award - Pass.

       If answer „no‟ or response unclear or fail to demonstrate that steps taken to remedy any
                                                 17
       breach so that breach will not re-occur – Fail.

The information un-numbered will not be part of the evaluation process but will be used to monitor and
help improve our ability to engage with small & medium enterprises and black & ethnic minority owned
businesses.

Please write “YES” next to the category that best describes your organisation:

       A sole trader, a family firm or a partnership with no employees

       An organisation with up to 20 employees

       An organisation with 21 - 75 employees

       An organisation with 76 - 250 employees

       An organisation with over 250 employees

       Is your organisation an organisation 51% or more of which is
       owned by members of one or more ethnic minority groups? Or, if
       there are few owners, where at least 50% of the owners are
       members of one or more ethnic minority groups

6.1    Is it your policy as an employer to comply with your statutory                       YES / NO
       obligations under the Equality Act 2010, which applies in Great
       Britain, or equivalent legislation in the countries in which your firm
       employs staff?

6.1a   Accordingly, is it your practice not to discriminate directly or                     YES / NO
       indirectly on grounds of colour, race, ethnic or national origin (or
       the grounds which are covered by legislation in the countries in
       which your firm employs staff) in relation to decisions to recruit,
       select, remunerate, train, transfer and promote employees?

6.2    Is your policy on race equality set out:

6.2a   In instructions issued to those concerned with recruitment,                          YES / NO
       selection, remuneration, training and promotion?

6.2b   In documents available and communicated to employees,                                YES / NO
       recognised trade unions or other representative groups of
       employees?


6.2c   In recruitment advertisements or other literature?                                   YES / NO


6.2d   Please provide a copy of your Equal Opportunities Policy

       Please supply with this questionnaire relevant examples of the instructions,
       documents, recruitment advertisements or other literature.

                                                     18
      If you answered NO to either 6.2a, b or c, can you provide (and if so, please do)
      other evidence to show how you promote race equality in employment.
6.3   In the last three years, has any finding of unlawful racial                         YES / NO
      discrimination in the employment field been made against your firm
      by the Employment Tribunal, the Employment Appeal Tribunal or
      any other court or in comparable proceedings in any other
      jurisdiction?

6.4   In the last three years, has your firm been the subject of formal                   YES / NO
      investigation by the Equality and Human Rights Commission or a
      comparable body, on grounds of alleged unlawful discrimination in
      the employment field?

6.5   If the answer to question 6.3 is YES,
      or, in relation to question 6.4, the
      EHRC or comparable body made a
      finding adverse to your organisation,
      what steps have you taken as a
      result of that finding? Please
      summarise the details here and
      provide full details as an attachment

6.6   In the last three years, has the Employment Tribunal, the                           YES / NO
      Employment Appeal Tribunal, or any court made any findings of
      unlawful sex or disability discrimination in the employment field
      against your organisation? Or in comparable proceedings in any
      other jurisdiction?

6.7   If the answer to question 6.7 is YES,
      what steps have you taken because
      of that finding? Please summarise
      the details below and provide full
      details as an attachment:


6.8   Do you observe, as far as possible,
      the EHRC‟s Code of Practice for
      Employment or comparable
      guidance under equivalent
      legislation in another member state,
      which gives practical guidance to
      employers and others in the
      elimination of racial discrimination
      and the promotion of equality of
      opportunity in employment, including
      the steps that can be taken to
      encourage members of ethnic
      minorities to apply for jobs or take up
      training opportunities? Please
      support your answer with as much

                                                 19
       information as possible.


7.     QUALITY ASSURANCE

       It is not a requirement of the contract that companies be accredited with ISO 9000. However a
       commitment to gaining that or similar standards will be highly regarded.

7.1a   Is your company presently operating a site(s) which has achieved                     YES / NO
       ISO 9001? If YES, which site(s)?

7.1b   If YES, has the whole or part of
       the operation achieved ISO
       9000? If part, which part, please
       give details.

7.1c   ISO 9001 registration number(s).

7.2a   Would the company intend to achieve ISO 9001 accreditation for                       YES / NO
       the operation of the facilities which are the subject of the contract?



7.2b   If NO why not?

7.2c   If YES, would accreditation be
       sought for the whole operation or
       part(s) of the operation? If part(s),
       please detail

7.3    If you have no accreditation how
       long would you expect it to take your
       company to achieve ISO 9001
       certification?



7.4    Does your Company use any Key
       Performance Indicators?     If so
       please provide details. (Maximum
       250 words).




8.     ENVIRONMENTAL POLICIES

       The Council is encouraging Contractors to review their operations to ensure they have minimal
       negative impact on the environment, in local, national and global terms.

8.1    If your Company is working towards
       the standards of ISO14001 series or
                                                    20
       EMAS accreditation, please provide
       appropriate details. Proposals
       should also be included of how the
       standards will be transferred to
       contract areas.

8.2a   Does your Company have an environmental policy?                                            YES / NO

8.2b   If YES, please enclose copy to support this

8.2c   If NO, please indicate if you have taken any initiatives in the following areas

       Energy              Setting targets to reduce the Company's energy                         YES / NO
                           usage
       Transport           Introducing fuel efficiencies in the fleet and                         YES / NO
                           reducing vehicle pollution
       Waste               Reducing and salvaging waste products,                                 YES / NO
                           complying with the Duty of Care Regulations

       Purchasing          Ensuring products and materials used are                               YES / NO
                           environmentally friendly

       Staff             Ensuring staff fully contribute to help implement                        YES / NO
                         environmental initiatives
       Please enclose supporting information.



9      FREEDOM OF INFORMATION ACT 2000

9.1    North Somerset Council is a “public authority” for the purposes of the Freedom of Information
       Act 2000 („the Act”) and the Environmental Information Regulations 2004.
9.2    Accordingly, certain of the information submitted to the Council by you may need to be disclosed
       in response to a request made by a third party under the Act. The Council may also decide to
       include certain information in the publication scheme which it is required to maintain under the
       Act.
9.3    If you consider that the disclosure of any of the information included in your tender would
       prejudice your legitimate commercial interests, or would result in the disclosure of any of your
       trade secrets, please identify such information in a separate schedule and explain (in broad
       terms together with a time period after which the information could be disclosed) what harm may
       result from any disclosure by us pursuant to the Act. Tenderers must give a clear justification in
       writing why they prefer any information to be withheld.
9.4    The Council will consider all parts of the tender outside of the separate schedule to be
       appropriate to place in the public domain at the end of the tendering procedure.
9.5    Tenderers should be aware that, even where information is included in the separate schedule
       mentioned at 9.3 above, the Council may still be required to disclose it under the Act if the
       application of the statutory tests by us following receipt of a request for information under the
       Act requires this, or if there is a successful appeal to the information commissioner.

                                                     21
9.6    The Council recognises legitimate commercial concerns of suppliers and when it considers it
       reasonably practicable to do so within the statutory timetable, will try to consult with the relevant
       tenderer before disclosing information in the separate schedule pursuant to the Act. But the
       final decision will rest with the Council.


10.    INSURANCE AND PERFORMANCE BOND

       Current and recognised / accredited insurer must be supplied; minimum thresholds met
       and insurance with an insurer acceptable to the Council; and agreement to pay
       performance bond (£105,000) – Pass.

       Do not meet minimum thresholds and/or insurer not acceptable to Council and/or
       refuses to pay performance bond (£105,000) – Fail.

10.1   Please detail your organisation‟s level of insurance cover

10.1a Public Liability.         Insurer

       Minimum of               Policy Number
       £5,000,000
       required                 Address of Issuing Office

                                Limit of liability

                                Expiry date

10.1b Employer‟s Liability.     Insurer

       Minimum of               Policy Number
       £10,000,000
       required                 Address of Issuing Office

                                Limit of liability

                                Expiry date

10.1c Professional Liability Insurer
      (including Sexual
      abuse and              Policy Number
      molestation public
      liability cover).      Address of Issuing Office

                                Limit of liability

       Minimum of               Expiry date
       £5,000,000
       required

10.2   Please enclose a copy of each policy. We may ask to view the original policy and ask for
       evidence of payment of premium prior to placing the contract

                                                     22
10.3   If you are successful, please confirm adequate                                   YES/NO
       insurance will be provided.

10.4   If you are successful, please confirm that the                                   YES/NO
       performance bond (£105,000) will be paid.


11.    DATA PROTECTION and CONFIDENTIALITY OF INFORMATION

       We adhere to the principles and guidelines under Caldicott guidance (please tick as
       appropriate): Yes    - PASS         No     - FAIL



11.1a Is your company registered under the Data Protection Act 1998                    YES / NO

11.1b If YES, please provide evidence of your registration

11.2a Does your company adhere to the principles and guidelines as detailed            YES / NO
      under Caldicott guidance:

11.2b “Justify the purpose” - Every proposed use or transfer of individual-            YES / NO
      identifiable information within or from an organisation should be clearly
      defined and scrutinised, with continuing uses regularly reviewed by an
      appropriate guardian.



11.2c “Don't use individual-identifiable information unless it is absolutely           YES / NO
      necessary” - individual-identifiable information items should not be used
      unless there is no alternative.

11.2d “Use the minimum necessary individual-identifiable information” - where          YES / NO
      use of individual-identifiable information is considered to be essential, each
      individual item of information should be justified with the aim of reducing
      identifiability.
11.2e “Access to individual-identifiable information should be on a strict need to     YES / NO
      know basis” - only those individuals who need access to patient-identifiable
      information should have access to it, and they should only have access to
      the information items that they need to see.
11.2f “Everyone should be aware of their responsibilities” - action should be          YES / NO
      taken to ensure that those handling individual-identifiable information are
      aware of their responsibilities and obligations to respect the individual‟s
      confidentiality.

11.2g “Understand and comply with the law” - every use of individual-identifiable      YES / NO
      information must be lawful. Someone in your organisation should be
      responsible for ensuring that you comply with legal requirements.




                                                  23
12.    PROJECT SPECIFIC REQUIREMENTS.

       A copy of the following policies (Child Protection Policy, Safe Care Policy, and
       Medication Policy) shall be provided which are both fit for purpose and evidence of
       positive action to ensure internal compliance – Pass.
       No copy of a Policy – Fail.
12.1   (a) Please provide a copy of your Child Protection Policy.

       Provided: Yes       No

       (b) Please advise what positive action your company uses to comply with this Child Protection
       policy. (Maximum 250 words)



12.2   (a) Please provide a copy of your Safe Care Policy.

       Provided: Yes       No

       (b) Please advise what positive action your company uses to comply with this Safe Care policy.
       (Maximum 250 words)



12.3   (a) Please provide a copy of your Medication Policy.

       Provided: Yes       No

       (b) Please advise what positive action your company uses to comply with this Medication policy.
       (Maximum 250 words)




13     DECLARATION.

       Signed by the Applicant of a Company or Incorporated Company, by a Partner or
       authorised representative respectively in his own name, and on behalf of such Company
       or Incorporated Company in presence of a witness – Pass

       Not signed - Fail

       After completion of the Questionnaire, please read the following and complete article 13.9 (final)
       below.

       Please ensure that when you return the Questionnaire that all information that has been asked
       of the Applicant in support of this application has also been enclosed. Any supporting
       documents should be marked clearly with the Applicant‟s Name and the number of the Question
       to which they refer.

       No part of this Application form or details supplied to the Authority can be returned to the
                                                   24
       Applicant.
13.1   The Applicant agrees that the Council reserves the right to make final selection from the
       Applications received.
13.2   The Applicant agrees that the statements contained within the application are accurate and that
       any entry therein which is falsely made shall be justification for my/our exclusion from the
       selected Tender List.
13.3   The Applicant agrees that in the event of there being any uncertainty as to the intention of any
       portion of this document, particulars of such uncertainty shall be referred to the Council‟s
       Director of Planning and Environment, in writing, for clarification.
13.4   The Applicant agrees that canvassing in any manner whatsoever shall be justification for their
       exclusion from the selected Tender List.
13.5   The Applicant agrees that should this application be successful that his name(s) may be
       included within a Tender List.
13.6   The Applicant understands that it is a criminal offence, punishable by imprisonment, to give or
       offer any gift or consideration whatsoever, as an inducement or reward to any servant of a
       public body and that any such action may empower the Council to cancel any Contract in force
       and will result in the Applicant‟s exclusion from any Select List of Tenderers the Council may
       have.
13.7   The Council may take up some or all References. In certain instances it may be necessary for
       the Applicant to provide additional Referees should the Council decide it is appropriate to do so.
       The Applicant will be advised in writing. The Applicant agrees to provide further information as
       to Referees where necessary to aid in the analysis of this Questionnaire.
13.8   The Applicant agrees that this Questionnaire may be followed-up by the Council‟s
       representatives by means of interview. In order to arrange such interviews, the Council may
       contact the following person:
                     Name

       Telephone Number

13.9   The Applicant certifies that he has read the whole of the foregoing and that the answers to the
       Questionnaire and accompanying information are a true and accurate response.
       To be signed by the Applicant of a Company or Incorporated Company, by a Partner or
       authorised representative respectively in his own name, and on behalf of such Company or
       Incorporated Company in presence of a witness.
                       Name

                  Signature*

        For and on behalf of

                        Date

                    Witness I hereby witness the signature of the Applicant and that the signature is
                            his usual signature and to the best of my knowledge is authorised on
                            behalf of the Company to complete this Questionnaire.


                                                   25
                       Name

                   Signature



       CHECKLIST OF ENCLOSURES REQUIRED

1.12   Certificate of Incorporation                                    YES/NO

2.2    Last 2 years audited annual accounts                            YES/NO

5.12   Health and Safety Policy Statement                              YES/NO

6.2    Equality & Diversity – relevant examples of the instructions,   YES/NO
       documents, recruitment advertisements or other literature.
8.2b   Environmental Policy                                            YES/NO

10.2   Insurance policy copies                                         YES/NO

12.1   Child Protection Policy                                         YES/NO

12.2   Safe Care Policy                                                YES/NO

12.3   Medication Policy                                               YES/NO




                                                   26
Schedule 3 – Pricing Specification

You are to submit your prices in the following format with the required
information. Failure to do so may disqualify your tender.

1.    Pricing
1.1   Tenderers are required to complete the Pricing Schedule at 3.7 below, all prices
      quoted shall be inclusive of all costs associated in the delivery of this Contract but shall
      be exclusive of VAT. All costs must be included in this section, as costs appearing
      elsewhere in the proposal but not mentioned in this Pricing Schedule shall be
      presumed waived.

      Tenderers to confirm compliance
      Response

1.2   The Service Provider shall at all times provide every assistance to the Council in
      complying with the Local Government Act 1999 with regard to Best Value.

      Tenderers to confirm compliance
      Response

      Cost Elements
2.1   Service Providers at all times are to provide an open book policy and are to
      demonstrate how the annual charge is calculated e.g. staff, training, equipment, profit
      etc.


         Employee costs – to include all staff that will be
         working directly with the children and young
         people.
         Direct cost of providing the service – including
         the cost of premises, food, transport and
         activities.
         Management costs for providing the service
         Other costs not included above, including the
         profit margin for the contract if a commercial
         organisation.


      Tenderers to confirm compliance
      Response

Tender Prices

3.1   The price must include full compliance with all services listed in the Detailed
      Specification - Schedule 4, including:

          3.1.1     total supervised care and board
          3.1.2     all food (including special dietary requirements)
                                               27
          3.1.3     written progress reports/assessment reports on individual children and
                    young people for planning and review meetings
          3.1.4     individual programmes of care
          3.1.5     induction, supervision and training requirements for all staff employed in
                    the service
          3.1.6     provision of a suitable, trained and skilled workforce
          3.1.7     allocation of a key worker
          3.1.8     all management and administrative work
          3.1.9     staff to attend meetings and reviews at the home or at agreed premises.
          3.1.10    access for service users to the Service Provider‟s Complaints Officer
          3.1.11    specialist equipment to meet requirements.
          3.1.12    all mileage and transport costs.
          3.1.13    appropriate opportunities to enhance children and young people‟s
                    development
          3.1.14    telephone calls to immediate family members (and appropriate others as
                    identified in the child‟s plan)
          3.1.15    appropriate adapted vehicles to facilitate access to activities for the
                    service users.
          3.1.16    religious requirements


3.2   For Lots 1, 2 and 3 the price provided will reflect the cost of a 6 hour session. A 6 hour
      session starts when the child‟s care becomes the sole responsibility of the provider,
      that is when a member of staff/foster carer of the provider collects the child from school
      or home or the child enters the providers premises/carers home. If one 6 hour session
      is purchased, this equates to looking after one child for that period of time.

      For Lot 4 the price provided will reflect the cost for one hour, which will commence
      when the child‟s care becomes the sole responsibility of the provider that is when a
      member of staff of the provider collects the child from school or home or enters the
      child‟s home at the pre-booked time.

3.3   For Lots 1, 2 and 3, under normal circumstances a 6 hourly session is used in its
      entirety even if for example only 5 hours are actually used. However, for introductory
      visits lasting less than 6 hours, there is a requirement that a session can be broken
      down into hourly components and used across the introductory period.

3.4   To ensure certainty of cost, unit prices will remain fixed for the first three years of the
      contract. After this point, prices will be subject to an annual review but will not exceed
      RPIX.

3.5   From commencement of contract, the supplier shall charge a unit cost per session for
      the service based on the forecast quantities contained within paragraph 3.1 of
      Schedule 4 - Detailed Specifications. For example, for Lot 1, from commencement of
      contract the supplier would charge a unit cost based on the cost per session price
      submitted for the range 2500-2999 sessions. At the end of the first year, the supplier
      will report total number of sessions provided. Should this number fall into a higher
      range than the forecast range, then the supplier shall refund the difference between
      the unit cost for the lower rate and the unit cost for the higher rate multiplied by the
      number of sessions provided. The following year‟s unit charge rate shall be based on
                                               28
      the price submitted for the higher range, and the same reconciliation process will take
      place at the end of that year and subsequent years.

3.6   The Council recognises that Lots 1 and 2 (overnight short break residential
      placements) could involve capital expenditure by a provider new to the market place.
      Lot 1 will be a framework agreement for a single service provider.

      Where the Service Provider is unable to perform the agreed service because of the
      category of need of the child / young person within the required response time the
      Authority reserves the right to obtain the service from an alternative contractor to rectify
      the situation. Selection by the Council of the alternative service provider will be from a
      second tier arrangement (Lot 2). Provision of the service by the selected second tier
      service provider will be on the basis of the specification, timescales, terms and
      conditions and pricing schedule of this document.

      The decision to use a second tier service provider will be at the sole discretion of the
      Council.

      Tenderers do not have to submit a bid in Lot 1 to participate as a second tier provider
      in Lot 2. Bidders can participate in Lot 1, or Lot 2 or both (Lots 1 & 2)


3.7   Providers are asked to consider the significant budget cuts being faced by Local
      Authorities over the next 3 years when considering the pricing structure over the term
      of the contract.

3.8   Please indicate by ticking in the relevant box (es) below which Lots of the contract you
      wish to be considered for, and tick confirmation that the pricing schedule has been
      completed and signed for the relevant Lot. Please indicate “no bid submission” for the
      elements you do not wish to be considered for.

                                                                                Tick if
                                                         Tick if you are
                                                                                pricing
       Lot                  Description                  participating in
                                                                               schedule
                                                               Lot
                                                                              completed
         1     Primary provider for supply of
               Overnight short break residential
               placements
         2     Second Tier Supplier
               Primary contractor for supply of
               Overnight short break residential
               placements
         3     Overnight short break home based
               (specialist foster care) placements
         4     Short break outreach placements




                                               29
3.9    Please submit your pricing for the relevant Lots within the tables following:


Lot 1: Overnight short break residential placements (Primary
      provider)
         Number of                      Cost per session (£)
      6 hourly sessions
          2500-2999
          3000-3499
          3500-3999
            4000 +


Lot 2: Overnight short break residential placements (Second
      Tier provider)
         Number of                      Cost per session (£)
      6 hourly sessions
           250-374
           375-499
           500-749
           750-999
            1000+


Lot 3: Overnight short break home based (specialist foster
      care) placements
         Number of                      Cost per session (£)
      6 hourly sessions
           340-679
          680-1019
          1020-1359
          1360-1699
          1700-2039
          2040-2379
          2380-2719
            2720+

If you are successful in tendering for both Lot 1 and Lot 3 what discounts could you
offer as a result of the delivering both services? (Please list combined cost of services
less discount, rather than percentage discount for each year).

Combined tender submission Lot 1 and Lot 3 (residential and home based)
 Residential x 6 hours        Home based x 6 hour              Cost per session (£)
      2500-2999                    340-679
      2500-2999                    680-1019
      2500-2999                   1020-1359
      2500-2999                   1360-1699
      2500-2999                   1700-2039
      2500-2999                   2040-2379
      2500-2999                   2380-2719
      2500-2999                     2720+

                                        30
      3000-3499                  340-679
      3000-3499                  680-1019
      3000-3499                 1020-1359
      3000-3499                 1360-1699
      3000-3499                 1700-2039
      3000-3499                 2040-2379
      3000-3499                 2380-2719
      3000-3499                   2720+

      3500 -3999                 340-679
      3500 -3999                 680-1019
      3500 -3999                1020-1359
      3500 -3999                1360-1699
      3500 -3999                1700-2039
      3500 -3999                2040-2379
      3500 -3999                2380-2719
      3500 -3999                  2720+

        4000 +                   340-679
        4000 +                   680-1019
        4000 +                  1020-1359
        4000 +                  1360-1699
        4000 +                  1700-2039
        4000 +                  2040-2379
        4000 +                  2380-2719
        4000 +                    2720+



Lot 4: Outreach Placements
        Number of                  Cost per session (£)
      hourly sessions
        1500-2499
        2500-3249
          3250 +


Combined tender submission Lot 3 and Lot 4 (Home based and outreach)
     placements
  6 x Hourly Sessions        Hourly Sessions              Cost per session (£)
Home based Primary             Outreach
       Provider
       340-679                 1500-2499
      680-1019                 2500-3249
      1020-1359                  3250 +
      1360-1699                  3250 +
      1700-2039                  3250 +
      2040-2379                  3250 +
      2380-2719                  3250 +
        2720+                    3250 +



                                    31
Combined tender submission Lot 1, 3 and Lot 4 (residential, home based and
     outreach) placements
  6 x Hourly Sessions       Hourly Sessions         Cost per session (£)
Residential    Home            Outreach
 Primary        based
 Provider
2500-2999      340-679         1500-2499
2500-2999      680-1019        2500-3249
2500-2999     1020-1359          3250 +
2500-2999     1360-1699          3250 +
2500-2999     1700-2039          3250 +
2500-2999     2040-2379          3250 +
2500-2999     2380-2719          3250 +
2500-2999       2720+            3250 +

3000-3499      340-679         1500-2499
3000-3499      680-1019        2500-3249
3000-3499     1020-1359          3250 +
3000-3499     1360-1699          3250 +
3000-3499     1700-2039          3250 +
3000-3499     2040-2379          3250 +
3000-3499     2380-2719          3250 +
3000-3499       2720+            3250 +

3500 -3999     340-679         1500-2499
3500 -3999     680-1019        2500-3249
3500 -3999    1020-1359          3250 +
3500 -3999    1360-1699          3250 +
3500 -3999    1700-2039          3250 +
3500-3999     2040-2379          3250 +
3500-3999     2380-2719          3250 +
3500-3999       2720+            3250 +

  4000 +       340-679         1500-2499
  4000 +       680-1019        2500-3249
  4000 +      1020-1359          3250 +
  4000 +      1360-1699          3250 +
  4000 +      1700-2039          3250 +
  4000 +      2040-2379          3250 +
  4000 +      2380-2719          3250 +
  4000 +        2720+            3250 +




                                  32
I/We can confirm to offer the goods/services specified in compliance with the
tender document at the forgoing pricing schedules


 Signed:


 Date:

 Print Name:


 In the capacity of:




                                     33
Schedule 4 - Detailed Specifications
1.0   Introduction

1.1   The Council is retendering for the provision of the following services and service
      providers may tender for any or all of the service areas.

       Lot 1   Primary providers for supply of overnight short break residential placements
               for disabled children and young people.
       Lot 2   Second tier provider for supply of overnight short break residential
               placements for disabled children and young people.
       Lot 3   Overnight short break home based (specialist foster care) placements for
               disabled children and young people.
       Lot 4   Short break outreach placements (to include care within the child‟s home and
               activities within the community).

1.2   The provider is required to offer a flexible service and capacity to re-design service
      delivery in order to meet the needs of North Somerset Council. The service will be
      accessible 24 hours a day, seven days a week, year round with the exception of
      Christmas and Boxing Day and will be flexible to enable the provider and families to
      plan service provision in advance but also have the capacity to respond to urgent care
      requirements. Placements under Lots 1 to 3 may be an overnight stay of up to 24
      hours, overnight stays of several days or occasionally longer periods.

1.3   All variations to the contract shall be agreed in writing following full consultation with
      the Council‟s nominated representative.

2.0   Scope of the Agreement

2.1   The Service Provider shall be required to provide the Service as described in this
      Specification for all of the categories of need. These descriptions are expanded in
      more detail at Appendix A.


       Group                                    Description
         1      Children and young people with autism and displaying challenging behaviours
         2      Children and young people with profound and multiple disabilities
         3      Children and young people with physical disabilities
         4      Children and young people with severe learning difficulties
         5      Adopted children and young people (Lot 4 only)

2.2   The successful overnight short break residential placement provider shall be required
      to enter into a Contract to provide accommodation inside the boundary of North
      Somerset; boundary map provided at Appendix B.

2.3   The successful overnight short break home based (specialist foster care) placement
      provider should provide placements inside the boundary of North Somerset, although
      consideration will be given to placements outside the boundary in specific


                                              34
      circumstances.

2.4   The successful outreach placements provider shall be required to provide care within a
      child‟s home inside the boundary of North Somerset and should provide placements
      involving activities within the community. Consideration will be given to activities which
      take place outside the boundary of North Somerset.


3.0   Forecast Quantities

3.1   The Council anticipate that they may purchase the following minimum quantities of
      work for;

               Year 1                        Year 2                     Year 3
       Lot 1 & 3000 x 6 hourly               3000 x 6 hourly            3000 x 6 hourly
       2       sessions (25% of              sessions (25% of           sessions (25% of
               provision should be           provision should be        provision should be
               available to group 1)         available to group 1)      available to group 1)

       Lot 3     340 x 6 hourly sessions     680 x 6 hourly             1020 x 6 hourly
                                             sessions                   sessions
       Lot 4     3250 hourly sessions        3250 hourly sessions       3250 hourly sessions


3.2   For Lots 1, 2 and 3 a session equates to six hours, regardless of the staffing ratio
      required to meet the needs of the child and young person. For Lot 4 the service will be
      commissioned on an hourly basis.

3.3   Lot 3 – it is the intention that the existing home based (specialist foster care)
      placements stay in their current matched placements until there is a natural break in
      these arrangements to prevent the need to disrupt stable placements. The anticipated
      hourly sessions reflect the new placements which might need to be met. The existing
      home based placements provide approximately 2400 x 6 hourly sessions.

4.0   Children and young people covered by this Agreement

4.1   The scope of this Contract is to provide overnight short break residential and home
      based placements and outreach placements to the groups detailed at 2.1. The
      residential placements are for children and young people aged between 11 and 17; the
      home-based provision is for children and young people aged between 5 and 17, the
      outreach services are for children and young people aged between 3 and 17.

4.2   For each child placed with the Service Provider an Individual Placement Agreement
      (IPA) will be issued by the Council for the Service Provider to agree and sign, a
      specimen of the IPA is shown at Appendix C. The IPA will normally be issued prior to
      the commencement of the placement, or at the time of the commencement of the
      placement.

4.3   As part of the IPA the Council shall provide the Service Provider with all relevant
      information applicable to meeting the needs of the child, and to ensure that the safety
                                              35
      and welfare of that child is provided for at all times. The information will be provided in
      writing.


5.0   Requirement

5.1   The Service Provider shall be required to provide overnight short break provision
      and/or outreach services for children and young people placed following an
      assessment by the Council.       Each Placement shall be provided as per the
      requirements described in each IPA.

5.2   The Service Provider, where applicable, shall be required to register the service with
      the Office for Standards in Education (OFSTED) and/or the Care Quality Commission,
      as applicable, and therefore is mandated to conform to the requirements of the
      National Minimum Standards and Regulations respectively.

5.3   The Service Provider shall provide a standard of care that complies with the Service
      Specification, the National Minimum Standards and Regulations prescribed under the
      Care Standards Act 2000.

5.4   Nursing care, where appropriate, may be provided where the Service Provider is
      registered to provide nursing care by appropriately experienced and qualified Staff.

5.5   With the exception of emergency Placements, a child or young person shall only be
      regarded as being placed with the Service Provider for the purposes of this Agreement,
      where the parties have duly completed an IPA.

5.6   The Service Provider shall be responsible for the Child‟s health, safety and well being
      from the time they are collected or received by the Service Provider and continues to
      be responsible until the Child is returned to the care of the Parent/carer, Council or
      school.

6.0   Principles

6.1   In order to safeguard and promote the rights of the Child, the Specification is guided by
      the relevant National Minimum Standards, and underpinned by the following principles.

      (a)    The Welfare Principle. The welfare of the child is paramount. This is the
             foremost principle and supersedes all others.

      (b)    The Individuality Principle. A child must be treated as an individual and it is
             the right of every child to be afforded the opportunity to experience security,
             stability, and develop a sense of their own identity and positive self-worth.

      (c)    The Partnership Principle. In all circumstances, organisations, agencies or
             individuals working with the child, should strive to work in partnership with the
             child, the parent/carer(s) and each other. This includes working with North
             Somerset Council‟s in-house fostering services and other providers of related
             services .

                                              36
      (d)   The Accountability Principle. The child and parent(s) should be advised
            about, and given explanations of the powers, duties and responsibilities of all
            those involved with looking after the child and any action, which may need to be
            taken.

      (e)   The Co-Operation/Coordinating Principle. Everyone involved in ensuring
            and promoting the child's welfare should consult, co-operate and co-ordinate
            their activities in order to achieve the best results for the child.

      (f)   The Participation Principle. Everyone working with and caring for the child
            must ensure participation of the child so that they have choice and control of
            decisions affecting them. The child must be seen as an active participant rather
            than a passive recipient.

6.2   In implementing these principles, consideration must always be given to the child's
      age, level of understanding and wishes and feelings.

7.0   General Purpose and Objectives

7.1   The primary purpose of purchasing overnight short break provision is to meet the
      assessed needs of the child / young person and provide planned breaks for parent
      carers and be committed to supporting the whole family as well as the child / young
      person.

7.2   To achieve this, the Placement must provide care which:

      a.    Provide a non-stigmatised, safe, stable, caring and aesthetically pleasing
            environment for the care and accommodation of a child / young person;

      b.    Provides a service, which balances a child / young person‟s individual needs
            with the Service Provider‟s communal responsibilities to all other placements.

8.0   Review

8.1   Reviews of the IPA will be carried out with specific reference to the Service
      Specification and the child / young person‟s Short Break Plan.

8.2   The review of the IPA shall, unless agreed otherwise, be carried out in the placement
      or a suitable venue and shall include the child / young person and their parent(s)
      and/or guardian(s) and/or advocate(s) unless there is valid reason for them to be
      excluded.

8.3   A written copy of the IPA and the decisions and/or outcomes of the same will be made
      available to the Service Provider within 28 working days of the review and to
      Parents/Carers to whom the Council has a responsibility to notify the results of the
      review.

8.4   Where a child is voluntarily accommodated under section 20 of the 1989 Children Act
      the North Somerset Council will review the placement in accordance with the Looked
      After Children (LAC) procedures and in accordance with its statutory obligations and
                                            37
       the Service Provider shall be involved in these reviews. This involvement will include,
       but may not be limited to, writing reports (detailing work undertaken, progress made,
       risk assessments undertaken and recommendations for the future) and participating in
       the reviews.

9.0    Meeting Individual Needs

9.1    The Service Provider shall be required to adopt and promote values, which shall place
       the child / young person and his/her Parents/Carers at the centre of their respective
       service provision.

9.2    The Service Provider shall be required to:

       (a)   Provide a stable, safe and caring environment for child / young person to
             develop socially, emotionally and educationally.

       (b)   Ensure that all children and young people are treated as individuals at all times,
             including them through planning and review procedures. This will include the
             involvement of the children / young people, where appropriate, in decision
             making processes:

       (c)   Be attentive to the child / young person's individual needs and rights in relation
             to age, gender, race, sexuality and disability and meet specific cultural and
             religious needs.


9.3    It is considered of paramount importance that in any placement a disabled child and
       young person is treated, first and foremost, as a child / young person and ensures their
       integration into their community. The placement must provide facilities and a level of
       appropriate care, which will enable this to happen.

10.0   Activities

10.1   The Service Provider shall obtain the written consent from the Council and/or the child
       / young person‟s parent/carer prior to the child and young person taking part in any
       organised activity, as required.

10.2   All such proposed activities must:

       (a)   Be properly and closely supervised by an appropriately qualified person with
             relevant risk assessments undertaken prior to the activity commencing.

       (b)   Be conducted in accordance with the relevant Health & Safety Regulations and
             any associated guidelines.

       (c)   If taking place through an external agency, be with an agency that is suitably
             accredited and insured for the activity(s) in question.

       (d)   Be accompanied when necessary by Staff of the Service Provider, who may be
             supplemented by approved volunteers.
                                              38
       (e)   Have a sufficient ratio of adults to children and young people to enable
             individual activities with the child / young person and other children and young
             people to be carried out in safety with adequate supervision.


11.0   Transport

11.1   The Service Provider shall abide by any Statutory Regulations which may be from time
       to time in force in respect of transporting children and young people and of any non-
       statutory guidance which may, from time to time, be available in respect of the same.
       The Service Provider shall ensure that they adhere to any risk assessments for
       transporting the child / young person. Risk assessments on all placements will include
       risks associated with travel.

11.2   The short break residential placement Service Provider shall be required to undertake
       all transport arrangements to and from the provision at no additional costs to the
       Council, unless the parent/carer chooses to transport their child and young person.

11.3   The short break home based (specialist foster care) placement Service Provider will be
       required to collect and/or take a child/ young person in placement to/from the
       placement or school (if the sessions links with the school end or start time) at no
       additional costs to the Council within the North Somerset boundaries. Where the foster
       carer resides outside of the North Somerset boundary, transport will be at no additional
       cost to the Council within a 20 mile radius.



12.0   Access

12.1   For Lot 1 and Lot 2 authorised representatives of the Council shall be allowed access
       to the home at any reasonable time.

12.2   The Council shall visit the provider for monitoring purposes and will provide a written
       report on each visit, within 28 working days of the visit.

13.0   Absence from the Placement

13.1   Where the child / young person is absent from the placement and has been reported
       as a missing person or is seriously ill or has died, the Council will be responsible for
       informing those persons with parental responsibility for the child / young person and, in
       the event of the death of the child / young person, the Secretary of State

13.2   Where a child / young person goes missing, leaves the home or absconds, the Service
       Provider shall comply with North Somerset Council's Missing Persons Protocol,
       attached at Appendix D.




                                              39
14.0   Notification of Reportable Events

14.1   The Service Provider shall be required to have procedures in place so as to ensure
       that the Council is notified in accordance with Events and Notifications at Appendix E.

14.2   The Service Provider shall be required to have procedures in place so as to ensure
       that the Council is notified with regard to any Child Protection concerns as defined in
       Events and Notifications at Appendix E.

14.3   The Service Provider shall be required to provide all relevant information it receives
       concerning the child / young person to the Council immediately or, if that is not
       possible, as soon as reasonably practicable thereafter.

14.4   The Service Provider shall immediately notify the Council‟s authorised representative
       or in the event that they are unavailable the Emergency Duty Team (EDT) of North
       Somerset Council when any of the circumstances listed at Events and Notifications at
       Appendix E occur.

15.0   Child Protection Policies and Procedures

15.1   The Service Provider shall have due regard to the need to safeguard and promote the
       welfare of children and young people in accordance with section 11 of the Children Act
       2004 (as amended or replaced from time to time) and any current guidelines issued by
       the Department for Education and Skills in relation to that section.

15.2   Without limitation to the generality of the foregoing, the Service Provider shall:

       (a)    operate recruitment and training policies and procedures having due regard to
              the need to safeguard and promote the welfare of children and young people;
              and

       (b)    operate a child protection policy that reflects and complements the South West
              Child Protection Procedures (www.swcpp.org.uk).

15.3   The Service Provider shall be registered with the Criminal Records Bureau and the
       Protocol will be used as a minimum scrutiny procedure.

15.4   The Service Provider shall supply the Council with their CRB registration number or
       details of the organisation that acts on its behalf in the processing of disclosures upon
       request.

       (a)    The Service Provider shall be required to guarantee that all of the Service
              Provider‟s Staff (including agency staff and part time staff), foster carers,
              volunteers, care workers and any regular visitors with substantial access to
              children and young people staying in the placement shall be scrutinised by the
              Service Provider in line with the current guidelines issued by the Department of
              Health and checked in accordance with the requirements of the National
              Minimum Standards and shall confirm the same to the Council in writing upon
              request.

                                                40
       (b)    If initial checks reveal information about current or prospective staff (including
              agency staff and part time staff), foster carers, volunteers, care workers and any
              regular visitors, which would make them unsuitable for work with children and
              young people, they shall not be employed or have access to the children and
              young people in the Placement. The Council may require a member of staff
              (including agency staff and part time staff), foster carer, prospective member of
              staff, volunteer or care worker to be withdrawn and an acceptable person
              substituted in the event of:

               I.   The Service Provider failing to comply with the procedures set out above
              II.   The member of Staff (including agency staff and part time staff),
                    prospective member of Staff, volunteer or care worker refusing to
                    complete a disclosure application form;
             III.   The disclosure at any stage of the information that in the reasonable
                    opinion of the Council renders the worker unsuitable for the work
                    involved.

15.5   The Service Provider shall be required to ensure that all relevant social work and care
       staff are registered with the General Social Care Commission at such time this
       becomes a statutory obligation in accordance with the Care Standards Act 2000 or any
       subsequent legislation.

15.6   Where the delivery of the services results in relevant contact by the Service Provider
       with Vulnerable Adults, the Service Provider shall as appropriate to its performance of
       the services have regard to North Somerset Council‟s "Vulnerable Adult Policy and
       Procedures" (which shall be provided to the Service Provider upon request).


16.0   Complaints

17.1   The Service Provider shall provide a complaints procedure, which can be easily
       accessed by staff, children and young people and their friends and family. The
       procedure shall at all times fully comply with the National Minimum Standards.

16.2   The Service Provider shall have a process for the investigation of complaints in a way,
       which is non defensive, and reassures the Service User that making a complaint will
       not impact on their service in any way. Any investigations should be carried out to a
       standard, which would be acceptable to the Council and the outcomes and conclusions
       to the Service Provider‟s own investigation shall be made available to the Council upon
       request.

17.0   Monitoring

17.1   The Service Provider shall provide an effective self-monitoring quality management
       system agreed with the Council, which is child / young person centred and
       incorporates regular monitoring of the organisation‟s own objectives and service
       standards on a continuous basis by Service Providers staff.



                                               41
17.2   All monitoring covered by this agreement is additional to any requirements made by
       the appropriate Care Standards Commission and any other regulatory body or
       organisation.

17.3   The Service Provider will keep records on behalf of the Council, including an inventory
       of the child and young person‟s belongings whilst on placement. Such records form
       part of a formal quality assurance system to ensure the service will meet the Service
       Specification. Any records relating to the care of a child / young person for whom the
       Council is responsible must be made available to the Council on request.

17.4   Other records kept by the Service Provider, in relation to the child / young person,
       where applicable, as required under the Children‟s Homes Regulations 2001 and the
       National Minimum Standards shall be made available to the Council, if requested. This
       shall include, but is not limited to:

       (a)    essential basic details about the child / young person as detailed in their
              individual Short Break Plan;

       (b)    details of significant incidents relating to the child / young person, recorded in
              their individual file;

       (c)    a record of review discussions, recommendations and decisions relating to the
              child / young person.

       (d)    the daily log of events occurring at the placement.

17.5   The Council shall have the right to visit, without notice, the residential or placement
       facilities and any child / young person for which it has contractual responsibility, without
       prejudice to the child / young person's right to privacy.

17.6   The Service Provider shall provide all management information, which shall include but
       shall not be limited to the following:

       (a)    management of staff, which will include recruitment, induction, supervision and
              training, including any relevant files as evidence of compliance;

       (b)    relevant policies and procedures operated within the Service Provider‟s
              organisation;

       (c)    representation and complaints procedure;

       (d)    Individual Placement documentation and related information;

       (e)    periodic inspections to ensure that contract compliance is maintained;

18.0   Performance Indicators

18.1   Appendix F shows the Key Performance Indicators (KPI), which the Council requires
       as a minimum, these are based on the aims of Every Child Matters policy and are
       listed as follows:
                                                42
          Being healthy
          Staying safe
          Enjoying and achieving
          Making a positive contribution
          Achieving economic well-being

       Failure to achieve acceptable standards in the delivery of these KPIs will be taken into
       account by the Council when deciding whether to take further action against the
       Service Provider. Tenderers to note that other KPIs may be agreed with the Service
       Provider and will be included within each IPA.

18.2   In addition to these the provider will be required to provide the following management
       information:

             Placement availability on a monthly basis in advance
             Staff/carer turnover
             Monthly usage in retrospect
             Response to Referrals
             Ensure that robust recruitment processes, including CRB process are in place
              for all staff
             Proportion of staff receiving regular (minimum monthly) supervision
             Proportion of staff (expressed as whole time equivalents) who have left the
              service during the last 6 months or quarter for the first year of the contract (to
              include agency staff)




                                              43
Schedule 5 – Conditions of Contract
See separate contracts


   I/We can confirm full compliance with the tender terms and conditions


     Signed:


     Date:

     Print Name:


     In the capacity of:


   I/We can confirm lead-in time (minimum amount of time from being awarded the
   contract to contract start date)

     Lot Number(s)

     Lead-in time


     Signed:


     Date:

     Print Name:


     In the capacity of:




                                        44
Schedule 6 – Project Specific Questionnaire
This questionnaire focuses on how you intend to provide the service and should be
completed in conjunction with the specification. The questionnaire and the presentation
make up the Quality element of the evaluation. The total score for this questionnaire is
40% of the overall evaluation.

1.0   Please advise what makes this particular contract attractive to your organisation?
      (maximum 250 words)


2.0   Please provide comprehensive details with regards to your organisation‟s policy on
      the safer recruitment of staff and foster carers and volunteers. (Maximum 250
      words).


3.0   Please provide details of your Safe Care and Medication policies and explain how
      you ensure your staff adhere to these.


4.0   Please provide details of your organisation‟s Vulnerable Adults Policy. (Maximum
      250 words)


5.0   Please provide details of your training policy and procedures specifically with
      regard to the following:
a.    Ensuring staff, foster carers and volunteers are fully conversant with the
      requirements of this contract?

b.    Ensuring that all staff, foster carers and volunteers employed on this contract are
      kept up to date with any variations to contract.

6.0   Please provide details on your organisation‟s actions with regard to staff retention
      (Maximum 250 words).


7.0   Please provide details of your organisation‟s staff discipline procedures for this
      type of contract. (Maximum 250 words).


8.0   Please provide evidence of three pieces of work that have resulted in a change to
      the way services are delivered to disabled children and young people. (Max 100
      words for each piece of work)


a.

b.                                          45
c.

9.0    Please provide details with regard to your organisation‟s approach to managing
       challenging behaviour and strategies used to avoid placement disruption and/or
       breakdown. (Max 200 words)



10.0   Please describe your staffing levels (day and night). (This question applies to Lot
       1 only).


11.0   Please provide details with regard to your organisation‟s approach to preparing
       young people for moving into adult life and/or to alternative care provision. (Max
       200 words)




12.0   Please provide details of any added value your organisation could provide to this
       service. (Max 200 words)



13.0   Please provide details with regard to your contingency planning to cover staff
       sickness and emergency placement requests (Maximum 200 words).



14.0   Please advise how you would plan and implement this contract if successful and
       provide with your response an implementation plan assuming a contract award
       date of 1 January 2012 and delivery from 1 April 2012 (1 April 2013 for Lot 3)
       (maximum 250 words).

15.0   Please advise how you would ensure that the Principles described in Section 6.0
       of the Specification are adhered to (Maximum 250 Words)


16.0   Please describe how you would meet the needs as described in Section 7.2 of
       Schedule 4 (the Specification). (Maximum 250 Words)


17.0   Please explain how you would ensure that Section 8.4 of the Specification is
       adhered to. (Maximum 250 Words)


18.0   Please explain how you would ensure that Section 9.0 of the Specification is
       adhered to. (Maximum 250 Words)


                                            46
19.0   Please explain how you would ensure that Section 10.0 of the Specification is
       adhered to. (Maximum 250 Words)


20.0   Please explain how you would ensure that Section 11.0 of the Specification is
       adhered to. (Maximum 250 Words)


21.0   Please explain how you would ensure that Section 14.0 of the Specification is
       adhered to. (Maximum 250 Words)


22.0   Please explain how you would ensure that Section 15.0 of the Specification is
       adhered to. (Maximum 250 Words)


23.0   Please explain how you would ensure that Section 16.0 of the Specification is
       adhered to. (Maximum 250 Words)


24.0   Please explain how you would ensure that Section 17.1 of the Specification is
       adhered to. (Maximum 250 Words)


25.0   Please explain how you would ensure that Section 17.6 of the Specification is
       adhered to. (Maximum 250 Words)




                                           47
Schedule 7 – Tender Analysis
1    We shall not be bound to accept the lowest Tender, or any Tender and reserve the
     right to accept all or any part of the Tender; neither shall we be responsible for or pay
     any expenses or losses which may have been incurred in the preparation of your
     Tender. You shall not include any standard conditions by a general reference thereto
     or incorporate their own stationery with any conditions written or printed.
2    This contract has a budget restriction and we reserve the right not to consider any
     tender whose price exceeds our budget.
3    Your tender will be weighted as below:


     Contract element                                                  Weighting
     Acceptance of conditions of contract                              Pass / Fail
     Schedule 2 (General Tender Questions) answers                     Pass / Fail
     Price                                                                50%
     Quality                                                              40%
     Presentation                                                         10%


     The response to each of the questions posed will be scored on a five point scale
     as follows:

     In the evaluating panel‟s reasoned opinion, the response is

               poor, causing major concerns that the relevant desired service
       1
               outcomes would not be met (or no response given)

               weak, causing some concern that the relevant desired service
       2
               outcomes are unlikely to be fully met

               adequate response demonstrating that some of the service outcomes
       3
               will be met, but deficient in a number of areas

               good and broadly consistent with meeting relevant desired service
       4
               outcomes with some minor concerns

               excellent and fully consistent with meeting the relevant desired
       5
               service outcomes

     Note: the term “desired service outcomes” in the above context means
     the outcomes described in the service specification.
      Each question is also weighted individually as shown in Appendix G. This weighting
      will be used to scale the response score as appropriate.




                                              48
Schedule 8 – Freedom of information Act 2000
1.   North Somerset Council is a “public authority” for the purposes of the Freedom of
     Information Act 2000 („the Act”) and the Environmental Information Regulations 2004.
2    Accordingly, certain of the information submitted to us by you may need to be
     disclosed in response to a request made by a third party under the Act. We may also
     decide to include certain information in the publication scheme which it is required to
     maintain under the Act.
3    If you consider that the disclosure of any of the information included in your tender
     would prejudice your legitimate commercial interests, or would result in the disclosure
     of any of your trade secrets, please identify such information in Schedule 4 and
     explain (in broad terms together with a time period after which the information could be
     disclosed) what harm may result from any disclosure by us pursuant to the Act. You
     must give a clear justification in writing why they prefer any information to be withheld.
4    We will consider all parts of the tender outside of the separate schedule to be
     appropriate to place in the public domain at the end of the tendering procedure.
5    Please be aware that, even where information is included in the separate schedule
     mentioned at 3 above, we may still be required to disclose it under the Act if the
     application of the statutory tests by us following receipt of a request for information
     under the Act requires this, or if there is a successful appeal to the information
     Council.
6    We recognise the legitimate commercial concerns of suppliers and when we consider
     it reasonably practicable to do so within the statutory timetable, will try to consult with
     you before disclosing information in the separate schedule pursuant to the Act. But
     the final decision will rest with us.
7    Information on the Freedom of Information               Act   2000   can    be   found   at
     www.informationcommissioner.gov.uk




                                             49
Schedule 9 - TUPE Compliance (General) Employees and Employment
Matters

1.1     Application of TUPE
1.1.1   The Authority and the Contractor agree that where the identity of a provider (including
        the Authority) of any service which constitutes or which will constitute one of the
        Services is changed pursuant to this Agreement (including upon termination of this
        Agreement) then the change shall constitute a Relevant Transfer.
1.1.2   On the occasion of each Relevant Transfer except a Relevant Transfer upon
        termination of this Agreement, the Contractor shall and shall procure that any new
        contractor of the relevant service shall comply with all of its obligations under the
        Regulations and the Directive in respect of the Relevant Employees.
1.2     Emoluments and outgoings
1.2.1   The Authority shall be responsible for or shall procure that any other employer of a
        Relevant Employee is responsible for all remuneration, benefits, entitlements and
        outgoings in respect of the Relevant Employees, including without limitation all
        wages, holiday pay, bonuses, commissions, payments of PAYE, national insurance
        contributions, pension contributions and otherwise, up to the date of the Relevant
        Transfer.
1.2.2   The Contractor shall be responsible for all remuneration, benefits, entitlements and
        outgoings in respect of the Relevant Employees, including without limitation all
        wages, holiday pay, bonuses, commission, payment of PAYE, national insurance
        contributions, pension contributions and otherwise, from and including the date of the
        Relevant Transfer.
1.3     Pensions
        The Contractor shall ensure that all Transferring Employees and/or Transferring
        Original Employees are offered membership of the pension scheme of which they
        were, or were eligible to be, members prior to the Transfer Date or are afforded
        pension rights which are certified by the Government Actuary Department [or by a
        professionally qualified actuary] as being broadly comparable to the terms of the
        pension scheme of which they were, or were eligible to be, members prior to the
        Transfer Date.
1.4     Contractor to inform Authority of any Measures
        The Contractor shall within 10 working days of receiving a request from the Authority,
        furnish to the Authority any information deemed by the Authority necessary
        concerning any measures (within the meaning of the Regulations and the Directive)
        that the Contractor intends to take in relation to any Relevant Employee and shall
        indemnify the Authority against all losses, costs, claims, demands, actions, fines,
        penalties, liabilities and expenses (including legal expenses) in relation to any breach
        of this obligation.
1.5     Indemnities
1.5.1   The Contractor shall indemnify the Authority from and against all losses, costs,
        demands, actions, fines, penalties, awards, liabilities and expenses (including legal
        expenses), which the Authority shall take all reasonable steps to mitigate, in

                                              50
        connection with or as a result of any claim or demand by any Relevant Employee
        arising out of the employment of or termination of the employment of any Relevant
        Employee provided that this arises from any act, fault or omission of the Contractor in
        relation to any Relevant Employee, on or after the date of the Relevant Transfer.
1.5.2   The Contractor shall indemnify and hold harmless the Authority from and against all
        losses, costs, claims, demands, actions, fines, penalties, awards, liabilities and
        expenses (including legal expenses) which the Authority shall take all reasonable
        steps to mitigate, in connection with or as a result of any claim by any trade union or
        staff association or employee representative (whether or not recognised by the
        Contractor in respect of all or any of the Relevant Employees) arising from or
        connected with any failure by the Contractor to comply with any legal obligation to
        such trade union, staff associated or other employee representative whether under
        Regulation 10 of the Regulations, under the Directive or otherwise and, whether any
        such claim arises or has its origin before or after the date of the Relevant Transfer.
1.5.3   The Contractor shall indemnify the Authority from and against all losses, costs,
        claims, demands, actions, fines, penalties, awards, liabilities and expenses (including
        legal expenses) which the Authority shall take all reasonable steps to mitigate, in
        connection with or as a result of any claim by any Relevant Employee that the identity
        of the Contractor or Sub-Contractor is to that Relevant Employee‟s detriment or that
        the terms and conditions to be provided by the Contractor or any Sub-Contractor or
        any proposed measures of the Contractor or any Sub-Contractor are to that
        employee‟s detriment whether such claim arises before or after the Transfer Date.

2.      TUPE COMPLIANCE ON TERMINATION
2.1     Handover on termination
2.1.1   During the 12 months preceding the expiry of this Agreement or after the Authority
        has given notice to terminate this Agreement or at any other time as directed by the
        Authority, and within 15 working days of being so requested by the Authority, the
        Contractor shall fully and accurately disclose to the Authority any and all information
        in relation to all personnel engaged in providing the Services including all Relevant
        Employees who are to transfer as a consequence of a Relevant Transfer as the
        Authority may request, in particular but not necessarily restricted to any of the
        following:
        (a)   a list of employees employed by the Contractor;
        (b)   a list of agency workers, agents and independent contractors engaged by the
              Contractor ;
        (c)   the total payroll bill (i.e. total taxable pay and allowances including employer‟s
              contributions to pension schemes) of those personnel;
        (d)   the terms and conditions of employment of the Relevant Employees, their age,
              salary, date continuous employment commenced and (if different) the
              commencement date, enhancement rates, any other factors affecting their
              redundancy entitlement and any outstanding claims arising from employment.
2.1.2   The Contractor shall warrant the accuracy of all the information provided to the
        Council pursuant to clause 2.1.1 and authorises the Authority to use any and all the
        information as it may consider necessary for the purposes of its business or for

                                                51
        informing any tenderer for any services which are substantially the same as the
        Services (or any part thereof).
2.1.3   During the 12 months preceding the expiry of this Agreement or where notice to
        terminate this Agreement for whatever reason has been given, the Contractor shall
        allow the Authority or such other persons as may be authorised by the Authority to
        communicate with and meet the Relevant Employees and their trade union or
        employee representatives as the Authority may reasonably request.
2.1.4   During the 12 months preceding the expiry of this Agreement or where notice to
        terminate this Agreement for whatever reason has been given, the Contractor shall
        not without the prior written consent of the Authority unless bona fide in the ordinary
        course of business:
        (a)   vary or purport or promise to vary the terms and conditions of employment of
              any employee employed in connection with the Services;
        (b)   [materially] increase or decrease the number of employees employed in
              connection with the Services; or
        (c)   assign or redeploy any employee employed in connection with the Services to
              other duties unconnected with the Services.
2.2     Indemnities
        The Contractor shall indemnify the Authority and any new contractor appointed by the
        Authority and keep the Authority and any new contractor appointed by the Authority
        indemnified in full from and against all direct, indirect or consequential liability, loss,
        damages, injury, claims, costs and expenses (including legal expenses) which the
        Authority and any new contractor appointed by the Authority shall take all reasonable
        steps to mitigate, awarded against or incurred or paid by the Authority or any new
        contractor appointed by the Authority as a result of or in connection with the
        employment or termination of employment of any employee of the Contractor during
        any period prior to the date of expiry or termination of this Agreement.
2.3     Sub-contractors
        In the event that the Contractor enters into any sub-contract in connection with this
        Agreement, it shall impose obligations on its Sub-Contractor in the same terms as
        those imposed on it pursuant to this clause 2 and shall procure that the Sub-
        Contractor complies with such terms. The Contractor shall indemnify the Authority
        and keep the Authority indemnified in full from and against all direct, indirect or
        consequential liability, loss, damages, injury, claims, costs and expenses (including
        legal expenses) awarded against or incurred or paid by the Authority as a result of or
        in connection with any failure on the part of the Sub-Contractor to comply with such
        terms.


3.      APPLICATION OF CODE TO NEW EMPLOYEES
3.1     New Employees
3.1.1   The Authority and the Contractor shall have regard to the Code in interpreting and
        applying the Code Obligations.
3.1.2   Subject to clause 3.1.4, the Contractor shall employ New Employees on terms and
        conditions of employment which are, overall no less favourable than those of the
                                                52
        Transferring Employees engaged in the provision of the Services who are working
        alongside and holding the same or a similar position to that of the New Employees.
3.1.3   The Contractor shall consult with the recognised trade unions and where there is no
        recognised trade union any other employee representative body on the terms to be
        offered to the New Employees pursuant to clause 3.1.2.
3.1.4   In addition to its obligations under clause 3.1.2 above, the Contractor shall procure
        that the New Employees are offered either:
        (a)   membership of the Local Government Pension Scheme; or
        (b)   membership of a good quality employer pension scheme, being a contracted-out
              final salary based defined benefit scheme, or a defined contribution scheme
              under which the employer must match employee contributions up to 6 per cent;
              or
        (c)   a stakeholder pension scheme, under which the employer matches employee
              contributions up to 6 per cent.
3.2     ADR and other code obligations relating to new employees
3.2.1   During the term of this Agreement, the Contractor shall on request by the Authority
        provide the Authority with accurate and complete information as soon as reasonably
        practicable, including the terms and conditions of employment of the Transferring
        Employees and the New Employees, where this is required to monitor the
        Contractor‟s compliance with its Code Obligations.
3.2.2   The Contractor shall support any central Government sponsored review and
        monitoring programme on the impact of the Code and on request by the Authority
        provide the Authority with accurate and complete information as soon as reasonably
        practicable in order to assist the Authority in doing this.
3.2.3   The Authority and the Contractor shall in the first instance seek to resolve by
        discussions between them any complaints from any employee or any recognised
        trade union in relation to compliance by the Contractor of its Code Obligations.
3.2.4   Where it appears to the Authority or the Contractor that it is not possible to resolve
        the matter by continuing discussions between them pursuant to clause 3.2.3 or where
        an employee of the Contractor or any recognised trade union writes to the Authority to
        confirm that it has been unable to resolve its complaint directly with the Contractor in
        relation to the Contractor‟s Code Obligations:
        (a)   the Authority shall first write to the Contractor to seek an explanation for the
              alleged failure by the Contractor to comply with its Code Obligations. The
              Contractor shall provide such an explanation in writing within 5 working days of
              receipt of the request from the Authority;
        (b)   if the response provided by the Contractor satisfies the Authority that the Code
              Obligations have been met, then the Authority will inform the complainant of this
              and the matter will be deemed to have been concluded;
        (c)   in the event that the Authority is not satisfied with the response provided by the
              Contractor the Authority shall write to the Contractor within 5 working days to
              require the Contractor to take immediate action to resolve this dispute; and



                                               53
(d)   if, following such a request by the Authority the Contractor still appears to the
      Authority not to be complying with its Code Obligations, the matter shall de dealt
      with in accordance with the Dispute Resolution Procedure.




                                       54
DEFINITIONS


“Code”                   means the Code of Practice on Workforce Matters in Local
                         Authority Service Contracts as currently contained in ODPM
                         Circular 3/03 Annex D;


“Code Obligations”       means the express obligations of the Contractor in Clause 2 (other
                         than that in Clause 3.1.1 which derive from the Code;


"Directive"              means the EC Acquired Rights Directive 77/187 as amended;


“Dispute Resolution Procedure” means the ADR agreed under the Code;


"First Contractor"       means the person with whom the Authority initially contracted for
                         the provision of services which are similar to the Services;


"Intervening Contract"   means a contract with the Authority for the provision of services
                         which are similar to the Services, at times after they were provided
                         under a contract with the First Contractor and before they are to
                         be provided by the Contractor;


“Local Government Pension Scheme” means the Local Government Pension Scheme
                       established pursuant to regulations made by the Secretary of
                       State in exercise of powers under sections 7 and 12 of the
                       Superannuation Act 1972 as amended from time to time;


“New Employees”          means those new employees employed by the contractor to
                         provide the services who will be working alongside the transferring
                         employees;


“Original Employee”      means those employees of the authority who as a result of the
                         application of the regulations, in relation to what was done for the
                         purposes of carrying out the contract between the authority and
                         the first contractor, became employees of someone other than the
                         authority;


“Regulations”            means the Transfer of Undertakings (Protection of Employment)
                         Regulations 1981 as amended or modified from time to time;


"Relevant Employees"     means the employees who are the subject of a Relevant Transfer;

                                            55
“Relevant Transfer”       means a relevant transfer for the purposes of the Regulations;


“Services”                means the whole of the services or any of them to be provided by
                          the contractor pursuant to this agreement or such of them as may
                          from time to time remain the subject of this agreement;


“Sub-Contractor”          means a person to whom the contractor sub-contracts any of its
                          obligations under this agreement


“Transfer Date”           means the date the Transferring Employees are transferred to the
                          employment of the Contractor and the date that the Transferring
                          Original Employees are transferred to the employment of a
                          subsequent contractor;


"Transferring Employee" means an employee of the Authority whose contract of
                        employment becomes, by virtue of the application of the
                        Regulations in relation to what is done for the purposes of carrying
                        out this contract between the Authority and the Contractor, a
                        contract of employment with someone other than the Authority;


“Transferring Original Employee” means an Original Employee


                          (a) whose contract of employment becomes, by virtue of the
                              application of the Regulations in relation to what is done for the
                              purposes of carrying out a contract between the Authority and
                              the Contractor, a contract of employment with someone other
                              than his existing employer, and


                          (b) whose contract of employment on each occasion when an
                              Intervening Contract was carried out became, by virtue of the
                              application of the Regulations in relation to what was done for
                              the purposes of carrying out the Intervening Contract, a
                              contract of employment with someone other than his existing
                              employer.




                                             56
                                              Appendix A

                                         Categories of Need




Group 1: Children and young people with Autistic Spectrum Disorder (possibly with associated
challenging behaviour)

This group of children and young people find it difficult to understand and use non-verbal and verbal
communication, to understand social behaviour which affects their ability to interact with children and
adults and to think and behave flexibly which may be shown in restricted, obsessional or repetitive
activities. Occasionally the behaviours presented by this group of young people may require high
levels of supervision (i.e. 2:1).


Group 2: Children and Young People with Profound and Multiple Disability

This group of children and young people have a range of complex needs including both profound
physical and learning disabilities leading to a requirement for high level support and personal care
needs. Night time supervision may be necessary for example to monitor seizures.

Group 3: Children and Young People with Physical Disabilities

This group of children and young people will cover a wide range of needs and may also include
associated sensory impairments, neurological problems or learning difficulties. Children and young
people with physical disabilities will often need specialist equipment and transport to enable access to
a short break together with support for personal care.

Group 4: Children and Young People with Severe Learning Disabilities

This group of children and young people will have significant intellectual or cognitive impairments and
may have associated difficulties in mobility and co-ordination, communication, perception and the
acquisition of self help skills.

Group 5: Adopted Children (Lot 3 only)

This group of children and young people have families who have difficulty in finding a baby-sitter for
the child/young person for any of the following reasons: the child and young person‟s needs are
complex, the family is isolated or family cohesion may be strained.




                                                   57
      Appendix B

Map of North Somerset




     Appendix C
        58
   INDIVIDUAL PLACEMENT AGREEMENT (IPA)

              For Short Break Provision (tick as appropriate)


   Overnight residential                 Outreach placements
   placements
   Overnight home based
   placements




This Individual Placement Agreement (IPA) is for the purchase of
overnight residential/home based and/or outreach (delete as
appropriate) short break provision in accordance with the conditions of
the Contract. The terms of the Contract are deemed to be
incorporated in this IPA, and any amendments to it, except where
there are inconsistencies between the two documents, in which case
the terms of this Individual Placement Agreement will prevail.




                                    59
Schedule 1: - INDIVIDUAL PLACEMENT AGREEMENT (IPA) FOR THE PROVISION
              OF SHORT BREAKS FOR CHILDREN/YOUNG PEOPLE



1. THE CHILD/YOUNG PERSON: -

Family Name:

First Name:

Known as (If applicable):

Child/Young Person Identity Number

Date of Birth:                            Gender: Female          /   Male
Legal Status if a Looked After Child
Other Legal Status / Action:


2. PARTIES TO THE IPA


2.1 THE COUNCIL (the Placing Authority) :-

Name of
Organisation:          North Somerset Council
Address and Email:     CYPS, Town Hall, Weston-super-Mare, North Somerset.

Post code:             BS23 1UJ           E-mail:
Telephone:                                          Fax:


2.2 THE SERVICE PROVIDER: ( registered business address )

Name Of
Organisation:
Address and
Postcode:

E-Mail:
Telephone:                                          Fax:


NB: This agreement will supersede all other agreements signed in respect of the
placement of the child/young person.




                                              60
3. THE PLACEMENT DETAILS: -

3.1 ADMISSION DATE: (DD/MM/YYYY)


3.2 The Child / Young Person will be placed at the following address (not
applicable for Outreach Services):

Name & Address of Placement:

Post Code:                                    Email Address:
Telephone:                                    Fax:

Name of Service Provider’s Key Worker:

Post Code:                                       Email Address:
Telephone:                                       Fax:
The named Child/Young person may not be moved to another Placement by the Service Provider
without the prior expressed approval of the Council.




4. KEY CONTACTS FOR THE CHILD / YOUNG PERSON

4.1 For the purpose of the IPA, the named Officers of the Council are as
follows:

ALLOCATED SOCIAL WORKER OR SUPPORT WORKER

Name:

Team Name:

Based at:

Telephone:                                    Mobile:
                                                                      @n-
Fax:                                          Email:                 somerset.gov.uk




INDEPENDENT REVIEWING OFFICER
                                                61
                                         Mary Bessant
Contact Name:
                                         Strategy, Commissioning & Performance
Team Name:
                                         Town Hall, Weston super Mare
Based at:                                BS23 1UJ
                        01275 888624                         07825 341262
Telephone:                               Mobile:
                                                              mary.bessant@n-
Fax:                                     Email:              somerset.gov.uk

EDUCATION CONTACT DETAILS

School attended and address:


Contact Name:

Based at:

Telephone:                               Mobile:

Fax:                                     Email:



CONTACT FOR REPORTING NOTIFIABLE EVENTS (as per clauses 14 and 15 of
Schedule 4 of the Contract)
Name:

Organisation:           North Somerset
                        Council          Position:
Based at:

Telephone:                               Mobile:

Fax:
                                         Email:



SERVICE PROVIDER’S FINANCE OFFICER

Name:

Based at:



Telephone:                               Mobile:

Fax:                                     Email:




5. THE EXPECTED DURATION OF THIS PLACEMENT:
                                    62
Date the placement commences:

Expected duration:
Duration of placement:        Short term           Other                  (please specify
                              Long term                                    below)

Emergency placement :         Yes                  No 
                                                    Contact social worker
Placement/ IPA review date:
                                                    To be discussed
Contract review date:



6. THE PRICE

In accordance with the Pricing Schedule of the Tendered Contract, the Council shall
pay the Provider the following sums (exclusive of VAT):

£                                              Number of allocated sessions:
                     Per 6-hourly session

The Fee is to be invoiced in arrears.
Contributors to the Funding           Social Care      Health               Other
Arrangements (%)                                       Authority/PCT




7. OUTREACH SERVICES
Please detail the outreach services that are to be provided and specify the fees.




 Outreach Services
 Date the placement commences:
 Expected duration:
 Review Date:
 Number of allocated hours
 £                                       Per Hour




                                                      63
8. OUTCOMES TO BE ACHIEVED FOR CHILD/YOUNG PERSON
Please detail any specific outcomes which are to be prioritised for this
Child/Young person, which will be recorded in the Short Breaks Plan
Every Child
Matters            Additional Outcomes to be prioritised for this Child/Young
Outcome            Person
heading

Being Healthy


Staying Safe




Achieve & Enjoy


Positive
Contribution


Economic Well-
being




9. INVOICES – DETAIL WHERE THE PROVIDER SHALL SEND INVOICES FOR THE
PLACEMENT
                              Accounts Payable, North Somerset Council,
Name and address:             Town Hall, Weston-super-Mare, North Somerset

                              BS23 1UJ
Post code:
                              accounts.payable@n-somerset.gov.uk
Email Address:
Telephone: 01275 884150       Fax:                  01934 426916




                                          64
10. DOCUMENTATION

10.1 Lists the following documents to be provided to the Service Provider, by the
Council, as part of the pre-admission placement planning process.
(This documentation must be provided at placement start date or within 7 days if an
emergency placement.)

Documentation                                  Sent Yes/ No       Date
                                               /NA                documentation is
                                                                  to be provided:
Short Break Plan                              Yes / No
Individual Placement Agreement                Yes / No
Other please specify e.g. CAMHS assessments, risk assessments (including Behaviour
risk assessment etc.




                                              65
11. SIGNATORIES TO AGREEMENT/ APPROVAL FOR FUNDING:

The Service Provider and the Council agree to the placement with the named Service Provider
for the named Child/Young Person in accordance with the details set out above.
For the purposes of this Individual Placement Agreement, the date the placement commences
may not be affected or altered in any way by the date of signature of this Agreement.

ON BEHALF OF THE COUNCIL:
North Somerset Council, Children & Young People’s Services:


NAME:

POSITION:

SIGNATURE:

DATE:

SERVICE PROVIDER: XXXX


NAME:

POSITION:

SIGNATURE:

DATE:

12. AMENDMENTS AND VARIATIONS TO THIS INDIVIDUAL PLACEMENT
AGREEMENT

Amendments and Variations to the IPA must be made in writing by the requesting party and
agreed by the Council and the Provider in advance to the variation to the IPA taking effect.

Any variations to the services and costs must be detailed in an abridged version of the IPA,
completing only the necessary sections that the amendment/variation will affect. The amended
IPA will form part of the original IPA Agreement. The amended IPA must be signed by both
parties (as per section 11 of the IPA) prior to any change in service and costs become payable
under this agreement.




                                                    66
                  Appendix D

       Councils Missing Persons Protocol




      NORTH SOMERSET
SAFEGUARDING CHILDREN BOARD



            JOINT
POLICE AND CHILDREN‟S SERVICES
        PROTOCOL FOR
CHILDREN MISSING FROM HOME OR
              CARE
              IN
       NORTH SOMERSET


                   REVISED
                  March 2010


                      67
                                                                          SAFEGUARDING CHILDREN BOARD
“SAFEGUARDING AND PROMOTING THE WELFARE OF LOCAL CHILDREN”

                                                             PROTOCOL FOR RESPONDING TO CHILDREN AND YOUNG
                                                             PEOPLE MISSING FROM HOME / CARE IN NORTH SOMERSET
       NORTH SOMERSET SAFEGUARDING CHILDREN BOARD




                                                             1.                                              Introduction

                                                             1.1   Children and young people who go missing from home/care can invariably place
                                                                   themselves, and at times others, at risk. The reasons for their absence are varied and
                                                                   complex and cannot be viewed in isolation from their home circumstances and/or their
                                                                   experiences of care. Every “missing” episode should, therefore, attract proper attention
                                                                   from professionals involved with the child and young person and those professionals, in
                                                                   turn, must collaborate to ensure a consistent and coherent response is given to the child
                                                                   and young person on his/her return.

                                                             1.2   Agencies within the Local Safeguarding Children Board (LSCB) are frequently in a position
                                                                   to identify children and young people at risk of running away. Similarly the Police and
                                                                   Children and Young Persons Services (previously called Children‟s Social Services), are
                                                                   frequent partners in managing "missing" episodes from care. It is, therefore, important that
                                                                   staff in all agencies work together. This joint protocol has been developed to assist in this
                                                                   and combines aspects of agencies procedures for dealing with missing persons such that,
                                                                   where they overlap or interface, respective actions and responsibilities are clear.

                                                             1.3   Unaccompanied Asylum Seeking Children who subsequently go missing are also included
                                                                   in this protocol.

                                                             2.    Principles
                                                                   The following principles underpin the protocol and procedures:
                                                             2.1   The safety of the child and young person is the prime aim.

                                                             2.2   Returning the child and young person to a safe environment is the objective.

                                                             2.3   For children in the care, as a corporate parent, the local authority has a duty to care for the
                                                                   wellbeing and safety of the child and young person. This involves identification of children
                                                                   who are „absent without authority‟ and those who are „missing‟ and assisting in the return of
                                                                   children to their placement where it is safe to do so.

                                                             2.4   The Police will act on any report of a child and young person “missing” from home/care

                                                             2.5   Every “missing” child and young person will be provided with a Safe and Well interview by
                                                                   the police and be offered an independent interview as soon as is practical.




                                                                                                   Page 1
                                                             2.                                             Definitions

                                                             3.1   For the purposes of this protocol, two categories of absence are used that call for different
“SAFEGUARDING AND PROMOTING THE WELFARE OF LOCAL CHILDREN”


                                                                   responses from agencies involved in the protocol. A child and young person may be
                                                                   considered to be:

                                                                   1.     Unauthorised absence (previously termed – absent without authority)
                                                                   2.     Missing from home or Care.
       NORTH SOMERSET SAFEGUARDING CHILDREN BOARD




                                                                   „Unauthorised absence‟ means: „Any child or young person who has not returned back to
                                                                   their home as expected or required but whose location is known or reasonably suspected.
                                                                   There are no immediate serious concerns for their welfare in that location but their return to
                                                                   home cannot be immediately facilitated‟.

                                                             3.2   Clearly some children and young people absent themselves for a short period and then
                                                                   return, often their whereabouts are known. They are not considered at risk and usually they
                                                                   are testing boundaries. Sometimes children and young people stay out longer than agreed
                                                                   either on purpose or unwittingly. This kind of boundary testing is well within the range of
                                                                   normal teenage behaviour and should not come within the definition of „missing‟ for this
                                                                   protocol.

                                                             3.3   In case where a child‟s absence is deemed as an „unauthorised absence‟ it is important
                                                                   that the parent or carer continues to consider the safety of the child over time and in
                                                                   relation to their age and circumstances. Knowing the whereabouts and the relative safety
                                                                   of the child‟s location is a critical issue to keep under consideration.

                                                             3.4   For a child in Care, the foster carer should liaise with the Emergency Duty Team (out of
                                                                   hours), or the social worker in office hours and reconsider the child‟s status of being
                                                                   „unauthorised absence‟ or „missing‟ on a regular basis given new information and the
                                                                   age/ability of the child.

                                                                   „Missing from home or Care‟

                                                                   Means: „Any child or young person whose whereabouts are unknown whatever the
                                                                   circumstances of the disappearance. They will be considered missing until located and
                                                                   their well-being or otherwise is established‟.

                                                             3.5   For the purposes of this protocol a child and young person (i.e. a young person under the
                                                                   age of 18 years) is to be considered „missing‟ if he/she is absent from his/her place of
                                                                   residence and his/her whereabouts are unknown or not reasonably suspected, or they are
                                                                   absent without authority to a degree or in circumstances where the absence causes
                                                                   concern for the safety of the child and young person or there is potential danger to the
                                                                   public. E.g. likely to cause any form of physical harm to others.




                                                                                                   Page 2
                                                             3.6   Failure on the part of a Carer or Parent to notify the police that a child is missing
                                                                   will require further investigation in relation to any further safeguarding concerns.
                                                                   This may be raised as a child protection referral or a disciplinary investigation (in
“SAFEGUARDING AND PROMOTING THE WELFARE OF LOCAL CHILDREN”


                                                                   the case of a professional Carer not notifying).

                                                              4.   Timescales for additional actions by police and/or children‟s social
                                                                   care staff when a child is missing from home or care.
       NORTH SOMERSET SAFEGUARDING CHILDREN BOARD




                                                                   o   Missing children should be reported to the police as soon as the concern is raised
                                                                       (related to age/understanding/vulnerability)
                                                                   o   All children who are deemed as „unauthorised absence‟ should be re assessed by: the
                                                                       Parent, Foster Carer or other Carer for a change of status to „missing‟ after 6 hours
                                                                       absence and repeatedly on a regular basis
                                                                   o   Children in Care who are missing for more than 24 hours should also be reported to
                                                                       the CYPS Assistant Director by the social work team.
                                                                   o   After 72 hours of missing a multi-agency meeting including social care and the police
                                                                       (district duty inspector or nominee to attend) will be called to look at strategies to return
                                                                       the child. This will be convened by the Every Child Matters Officer within the police,
                                                                       See section 9 for further requirements for „Longer Absences‟
                                                                   o   After 14 days of missing a Detective Inspector (or nominee), will attend a multi-agency
                                                                       strategy meeting including social care staff. This will be convened by the Public
                                                                       Protection Unit Detective Inspector (or Reviewing Detective Inspector in their absence),
                                                                       see section 9 for further requirements for „Longer Absences‟

                                                             5.    Risk assessment.

                                                             5.1   It is the responsibility of parents and carers to determine the whereabouts of children and
                                                                   secure their safe return wherever this is possible. Parents and carers must assess if the
                                                                   child is absent without their authority (unauthorised absence), or is in fact missing as
                                                                   defined in 3.5 above.

                                                             5.2   Once defined as missing and following all reasonable attempts by parents and carers to
                                                                   locate them, the police must be informed.

                                                             5.3   Police will undertake (together with the carer/parent), a joint risk assessment of the child as
                                                                   a part of taking the initial details. It is important that carers give the police good information
                                                                   about the child‟s vulnerabilities to assist in determining the level of action required.




                                                                                                    Page 3
                                                             6.    Children who are at risk of going missing or who repeatedly go missing

                                                             6.1   Multi agency work and strong partnerships between services will play a key part in
“SAFEGUARDING AND PROMOTING THE WELFARE OF LOCAL CHILDREN”


                                                                   supporting young people who are at risk of running away. Where children are known to be
                                                                   at risk of going missing from home or from care, it is important that a consideration is made
                                                                   to use resources such as Targeted Youth Support, Youth Offending Services and/or
                                                                   undertaking a CAF.
       NORTH SOMERSET SAFEGUARDING CHILDREN BOARD




                                                             6.2   A referral through the Locality Referral Co-ordinator will enable a multi agency response to
                                                                   the risk. Parents, carers or professionals are able to make such a referral.

                                                             6.3   Where a Looked After Child is at risk of going missing or repeatedly goes missing, their
                                                                   Care Plan must reflect this and include mitigating actions or resources.

                                                             6.4   In the case of Unaccompanied Asylum Seeking Children (UASC), who go missing, the
                                                                   related operational protocol relating to these children must also be referred to.

                                                             7.    Returning children.

                                                             7.1   In every case where a missing child is found, the Police will undertake a Safe and Well
                                                                   Check before returning the child to their home or placement (see also paragraph 7.6).

                                                             7.2   Where a child is missing from home, the police report that the child has returned home
                                                                   will be forwarded by Children‟s Services (CP/Declarations desk), to the Locality Referral
                                                                   Co-ordinator (01934 634809), the referral will be forwarded to the duty assistant locality
                                                                   leader who will determine the age appropriate service to offer an independent interview
                                                                   (appendix 2) and consideration for a CAF.

                                                             7.3   Where children go missing from Care, the police report will be forwarded to the child‟s
                                                                   social worker, who will look at any additional support needs (including services through
                                                                   locality teams). In addition, the report will go to the Resource Service to provide an
                                                                   independent interview to all children missing from Care.

                                                             7.4   The Independent interview formats must be copied to the appropriate line manager and
                                                                   Service Leader Quality Assurance, for review.

                                                             7.5   Where children are suspected of, or known to be subject to, significant harm as part of
                                                                   their absconding behaviour, the police and/or other agency involved with the child, should
                                                                   discuss the child with the Referral and Assessment team or allocate a social worker if there
                                                                   is one, to determine if a Child Protection Strategy Meeting is required.




                                                                                                   Page 4
                                                             7.6    For Children placed with independent providers, the provider will notify the North Somerset
                                                                    social worker of the missing episode and discuss how an independent interview can be
                                                                    provided locally to the placement.
“SAFEGUARDING AND PROMOTING THE WELFARE OF LOCAL CHILDREN”



                                                             7.7    On the rare occasions that a child cannot be returned to their parent, Carer or placement,
                                                                    the child must be placed in local authority accommodation (not in Bed and Breakfast or
                                                                    Hotel accommodation).
       NORTH SOMERSET SAFEGUARDING CHILDREN BOARD




                                                             8.     Information to be made available - all missing children and young people

                                                             8.1    The parent, social worker or foster carer who originally notes that the child and young
                                                                    person is missing is responsible for making the missing person report to the police. When
                                                                    reporting the matter to the Police, the Social Worker, parents or foster carers should make
                                                                    available:

                                                                       A description of the child and young person
                                                                       Where they were seen and by whom
                                                                       When the child and young person was last seen and with whom
                                                                       A recent photograph
                                                                       Family addresses
                                                                       Known acquaintances
                                                                       Any previous history of absconding and information about where they were found
                                                                       The name and address of the child and young person‟s GP and Dentist
                                                                       The name and address of the child and young person‟s school
                                                                       Circumstances which increase the risk to a child and young person should be drawn to
                                                                        the attention of the Police
                                                                       Who has parental responsibility for the child and young person
                                                                       Full details and contact telephone numbers of parents, foster carers and social
                                                                        workers, including out of hours contact number

                                                             9.     The Media

                                                             9.1    It is for the Police to advise the media regarding a child and young person missing from the
                                                                    care of the local authority. This may be arranged at local level, by direction of the Duty
                                                                    District Inspector (or nominee). A decision to publicise by press and/or television will
                                                                    always be made in consultation with Children and Young Persons Services and with prior
                                                                    warning, in order to allow those with parental responsibility to be informed.

                                                             10.    LONGER ABSENCES

                                                             10.1   Whenever a child and young person is missing for 14 days, a further strategy meeting
                                                                    should be held, attended by the parents/guardians, Children and Young Persons Services
                                                                    Team Manager, Head of Children Services, District Detective Inspector or his/her nominee,
                                                                    together with other appropriate staff from both agencies. At




                                                                                                   Page 5
                                                                    this meeting these senior officers should elicit a clear statement of the actions being taken
                                                                    in respect of the absence and should satisfy themselves that all that should be done is
                                                                    being done.
“SAFEGUARDING AND PROMOTING THE WELFARE OF LOCAL CHILDREN”



                                                             10.2   A missing child and young person should be notified by the Police Force Intelligence
                                                                    Bureau to the Police National Missing Person‟s Bureau as per Avon and Somerset
                                                                    Constabulary Force policy.
       NORTH SOMERSET SAFEGUARDING CHILDREN BOARD




                                                             10.3   The Children and Young Persons Services Department Director or Assistant Director of
                                                                    Child Care should formally review all cases where children and young people have been
                                                                    absent for six months or more and should satisfy him/herself on the actions taken to
                                                                    recover the child and young person.

                                                             10.4   Whilst the child and young person remains missing from care, his/her case should be
                                                                    identified as “open” on the Children and Young Persons Services Client Information
                                                                    System and should be reviewed at six monthly intervals by the Director or the Assistant
                                                                    Director of Child Care.

                                                             10.5   All Police missing person's files will remain “live” until the person is traced or until the Basic
                                                                    Command Unit's Detective Chief Inspector is satisfied that all lines of enquiry have been
                                                                    exhausted.

                                                             11.    MONITORING AND REVIEW

                                                             11.1   The Assistant Director of CYPS and the District Detective Chief Inspector are responsible
                                                                    for ensuring that this protocol is adhered to.

                                                             11.2   The Service Manager (Quality Assurance) within Children and Young Persons Services will
                                                                    maintain a centrally collated record to facilitate easy monitoring of incidents, which can be
                                                                    easily aggregated. This information will be made available to senior managers, councillors
                                                                    and inspectors.

                                                             11.3   The Service Manager (Quality Assurance) together with representatives from Education
                                                                    and Avon and Somerset Police (District Detective Inspector or his/her nominee) will meet
                                                                    quarterly to monitor the effectiveness of the policy, performance and practical
                                                                    arrangements.

                                                             11.4   The Local Authority and the Police (District Detective Inspector) will arrange an Annual
                                                                    Strategic Review, involving appropriate senior officers, with the purpose of identifying
                                                                    recommendations for improved practices.

                                                             11.5   Unaccompanied Asylum Seeking Children will be monitored in line with other missing
                                                                    children. See also; Safeguarding Children who may have been Trafficked – DCSF 2008.




                                                                                                     Page 6
                                                                                                                          APPENDIX 1
                                                               TO BE COMPLETED AND ATTACHED TO MISPER REPORT IN EVERY CASE A CHILD OR
                                                                            YOUNG PERSON (U 18 YRS) IS REPORTED MISSING
                                                                          ALL ACTIONS SHOULD STILL BE RECORDED IN FULL IN THE LOG OF ENQUIRIES

                                                                                               ACTION                                          YES   NO   N/A       IF NO, STATE REASON
 “SAFEGUARDING AND PROMOTING THE WELFARE OF LOCAL CHILDREN”
             NORTH SOMERSET SAFEGUARDING CHILDREN BOARD




                                                              Investigating officer liaises with Children and Young People‟s Services
                                                              (CYPS) (Social Services) or EDT (out of hours) regarding:
                                                              a) Information to assist location of the child
                                                              b) Evidence of actual/potential risk to child
                                                              c)    Whether they are a child in need.
                                                              NB: Where EDT is initially contacted local Children’s Services MUST also be
                                                              contacted during office hours.
                                                              Tel CYPS North Somerset: 01275 888266
                                                                         EDT: 01454 615165 (covers all „Avon‟ out of hours)


                                                              Investigating officer has faxed pages 3-4 of missing person report to
                                                              CP/Declarations Clerks. Fax 01275 884334


                                                              Police have maintained ongoing communication with Children‟s Services
                                                              whilst child is missing. (If missing from local authority care, an action plan
                                                              for recovery of the child considered/agreed)


                                                              After 72 hours missing, the Duty District Inspector or nominee has
                                                              attended multi-agency planning meeting with Children‟s Services.


                                                              After 14 days missing a Detective Inspector has attended a further
                                                              multi-agency strategy meeting.


                                                              CHILD FOUND – Police have de-briefed child before returning them to
                                                              placement or home. (See Independent Interview below.)


                                                              Police inform Childrens Services where it is considered the child is/has
                                                              been at risk of harm, or is in need of other services (CAIT can assist)


                                                              Investigating Officer has informed CP/DECS Clerks by fax that child
                                                              has been found - Fax de-brief page with child‟s name added on to
                                                              01275 884334


                                                              Independent Interview of Child: Police, Social Worker or EDT should
                                                              request an independent interview by Next Step if there are concerns over
                                                              returning any child home. All looked after children will be offered an
                                                              independent interview. To arrange call Next Step 01934 421900 (out of
                                                              hours covered by CareLink) or contact Every Child Matters Officer, PPU,
                                                              JW.


                                                              Where child is persistently missing the Sector Inspector or nominee
                                                              (supported by ECM Officer/CAIT DS) has attended a multi-agency risk
                                                              management /strategy meeting convened by Childrens Services

                                                                                                                                                                Guardian Ref:
                                                              Intelligence submitted




Officer name………………………………………                                                                                                     Signature……………………………….

Supervisor name…………………………………                                                                                                    Signature……………………………….


                                                                                                                        Page A1
                                                                                           APPENDIX 2

                                                             NSC RETURN HOME

                                                             REPORT FORM FOR INDEPENDENT (RETURN TO HOME) INTERVIEW.
“SAFEGUARDING AND PROMOTING THE WELFARE OF LOCAL CHILDREN”
             NORTH SOMERSET SAFEGUARDING CHILDREN BOARD




                                                             NAME                                    D.O.B.        AGE


                                                             HOME ADDRESS



                                                             INTERVIEWED BY

                                                             WHO ELSE PRESENT (IF
                                                             APPLICABLE)


                                                             REASON Y/P NOT
                                                             INTERVIEWED ALONE



                                                             MOOD EMOTIONAL STATE OF Y/P

                                                             Y/P REASON FOR NOT RETURNING HOME




                                                             WHERE DID Y/P STAY



                                                             RISKS ASSOCIATED




                                                             WERE THESE DISCUSSED WITH Y/P




                                                             Y/P RESPONSE



                                                                                       Page A2 - 1
STRATEGIES FOR KEEPING SAFE



STRATEGIES FOR DEALING WITH EMOTIONAL /CONFLICTS




NSC                                       RETURN HOME
ANALYSIS




COMMENTS




SIGNED                                       DATE



MANAGERS                                      DATE
SIGNATURE




RECOMMENDATIONS / ACTIONS




                            Page A2 - 2
Copy to :
    Assistant Locality Leader or Resource Service Manager (who dealt with the original
       referral)
    Service Leader – Quality Assurance and Safeguarding.




                                  Page A2 - 3
                                                                                    APPENDIX 3

                                                             Missing from Residential Care/Home in North Somerset
                                                                ACTIONS BY Social Care CP/Declarations Team
               NORTH SOMERSET SAFEGUARDING CHILDREN BOARD
“SAFEGUARDING AND PROMOTING THE WELFARE OF LOCAL CHILDREN”




                                                                                      FAX COMES INTO CP/Decs
                                                                                           Staff actions are:




                                                                                 If LAC – Inform ICS of 'missing status'
                                                                                 and inform Social Worker

                                                                                 Inform Resource Team for them to
                                                                                 follow up an „Independent interview‟.

                                                                                 Inform IRO team




                                                                                 If CIN – Inform ICS of 'missing status'
                                                                                 and inform Social Worker




                                                                                 If not known to ICS
                                                                                 or
                                                                                 no current key worker refer to Locality
                                                                                 Referral Co-ordinator as outlined in
                                                                                 paragraph 7.2




                                                                            THE POLICE WILL FAX CP/Declarations Team.
                                                                WITH INFORMATION RELATING TO CHILDREN REPORTED TO THEM AS
                                                                MISSING, or WHO HAVE BEEN RETURNED HOME OR TO PLACEMENT.
                                         Appendix E

                                Events and Notification

       Column 1              Secretary   Police       Ofsted   COUNCIL    Local
        Event:                of State                                    Health
                                                                         Authority
Death of a child
accommodated in the            Yes                     Yes      Yes        Yes
home
Referral to the Secretary
of State pursuant to
section 2(1)(a) of the
                                                       Yes      Yes
Protection of Children Act
1999(a) of an individual
working at the home
Serious harm or likely
serious harm suffered by
                                          Yes          Yes      Yes
a child accommodated in
the home
Serious illness or serious
accident sustained by a
                                                       Yes      Yes
child accommodated in
the home
Occurrence of notifiable
infectious disease at the
home or involving                                      Yes      Yes        Yes
children accommodated
in the home
Serious incident
necessitating calling the                              Yes      Yes
police to the home
Absconding by a child
accommodated at the                                             Yes
home
Any serious complaint
about the home or                                      Yes
persons working there
Instigation and outcome
of any child protection
enquiry for a child                                    Yes      Yes
accommodated at the
home
                                          Appendix F

                                Service Provision Outcomes

The document shows the strategic outcomes this contract and subsequent individual
placements will be seeking to achieve for children. Due to the scope of the contract and the
different ages and levels of development that will be receiving a service, not every outcome
will be relevant to every child and young person placed all of the time. However the outcome
statements describe what the Provider and their staff/carers; working with the Council,
should be contributing for the children and young people placed with them. The outcomes
are adapted from Together for Disabled Children‟s Outcomes Framework for Short Breaks.

This document is intended to be read in conjunction with the Terms and Conditions of this
contract and more specifically the service specification, clause 4.25 (Key Performance
Indicators) and can be reported in a format suitable to the Provider.

Service Outcomes

The Provider will work with the Council to achieve positive outcomes for the child and young
person and to meet the objectives of the placement, which will be discussed, agreed and
recorded in the Individual Placement Agreement.

In addition to any specific needs identified in the child and young person‟s individual
placement agreement, the Provider will work to achieve the following outcomes for the child
and young person.

1 Being Healthy

Outcome: Children and young people enjoy good physical, emotional, mental and sexual
health; living a healthy lifestyle, and has access to information about health issues that
allows them to make informed choices as they grow up.


Short Breaks services that support disabled children and young people to be physically,
mentally, emotionally and sexually healthy means:

      That disabled children have appropriate access to universal and specialist health
       care whilst receiving the service
      The short break Provider empowers and supports disabled children to take
       responsibility for their own health and well being.
      That disabled children are supported to achieve maximum mobility and
       independence through the provision of appropriate adaptations and generic
       equipment whilst receiving the service.
      That disabled children have access to appropriate advice and support on their
       emotional well being and mental health.

Living a healthy lifestyle whilst receiving the services means:

      That disabled children have the right medicine; that clinical procedures are safely
       administered and appropriate therapy or behaviour management is carried out by
       staff and carers who are trained and competent
      That staff and carers are trained and competent in basic first aid, moving and
       handling and child and young person resuscitation with regular opportunities to
       update and refresh their training in these areas.
      That the short break environment is appropriately adapted and the necessary
       equipment is in place
      That families of disabled children receiving short breaks are supported to work in
       partnership with the service provider concerning their child and young person‟s
       development

2 Stay Safe

 Outcome: Children and young people are physically safe, stable and emotionally
 secure; they are protected from ill-treatment, neglect, violence and sexual exploitation;
 they are free from bullying and discrimination; and are protected from involvement in
 crime, anti-social behaviour and other risk taking activities.


Being safe from abuse, neglect, violence and sexual exploitation within short service means:

      That disabled children can recognise and have opportunities to talk about staying
       safe.
      That staff and carers are trained specifically in safeguarding disabled children and
       are given regular opportunities to update and refresh this training
      That services have robust safeguarding procedures to ensure that swift and
       appropriate action is take to protect disabled children at the times that short break
       most usually occur, i.e. weekends
      That disabled children who have suffered abuse are subsequently protected
      That families of disabled children receiving short breaks are supported to work in
       partnership with service provider concerning safeguarding and protection
      That staff and carers are trained in recognised de-escalation and behaviour
       management techniques.

Being safe from accidental injury/death means:

      That disabled children have the right medicine; that clinical procedures are safely
       administered and appropriate therapy and behaviour management is carried out by
       staff and carers who are trained and competent
      That the short break environment is appropriately adapted and the necessary
       equipment is in place
      That disabled children have accessible and safe transport to and from their short
       break service and whilst receiving the service
      That disabled children have access to specialist health support whilst in their short
       break service

Being safe from bullying and discrimination means:

      That disabled children do not feel bullied or discriminated against whilst receiving the
       service

Having security, stability and appropriate care means:

      That disabled children do not have a multiplicity of carers whilst receiving the service
      That disabled children are cared for by the same staff members or carers who
       develop and understanding of the child‟s unique way of communicating
3 Enjoy and Achieve


Outcome: Children and young people get the most out of life, receive encouragement and
recognition for their achievements; they participate in activities and develop social, cultural
and sporting skills; they make positive friendships; they achieve in line with their age and
ability and develop skills for adulthood.


Achieving personal, social and recreational development within short break service means:

      That disabled children are happy and have fun in their short break service
      That disabled children have access to activities, organised leisure, sport and outings
       that are age appropriate and of their choice whilst in their short break service
      That disabled children develop social networks and friendships through their short
       break service
      That disabled children have appropriate systems and support to enable them to
       communicate effectively whilst in their short break service
      That parents of disabled children have a real break from their caring responsibilities

4 Make a Positive Contribution

Outcome: Children and young people participate in the community; they are actively
involved in making decisions about their future; they develop self confidence and are able
to deal with change and other life challenges.

Engaging in decision making within a short break service means:

      That disabled children are supported and enabled to communicate their views about
       the short break service and have access to Advocacy as required
      That disabled children are supported and enabled to communicate their choices and
       preferences whilst receiving the service
      That disabled children have the opportunity to participate in planning and decision
       making about the short break service they receive and that their views, however
       expressed, are routinely gathered and recorded

Developing positive relationships means:

      That disabled children do not feel bullied or discriminated against whilst receiving
       their short break service
      That disabled children are happy, have fun and develop friendships in their short
       break service

Developing self-confidence means:

      That a range of methods are used to ensure that disabled children participate in the
       planning and review of their short break provision
      That disabled children and their families are involved in service design, delivery and
       development
      That short breaks positively support disabled children and young people through key
       transitions
5 Achieve Economic Well-Being


Outcome: As they grow older, the child engages in further education, employment or
training when they leave school; they develop independence and they are supported in
the process of moving to independent adult life and they are not prevented by
economic disadvantage.


Living in decent homes and sustainable communities means:

         That the short break environment is appropriately adapted
         That disabled children have access to accessible and safe transport, both to and
          from the short break service, and whilst receiving it
         Provide disabled children and young people with opportunities to develop their
          independence and their transition into adulthood.
         As disabled children and young people grow and develop, there are supported to
          acquire life skills that will equip them to fulfil their lives as young adults.

Access to transport and material goods means:

        That appropriate and accessible transport arrangements are made which enable
         disabled children and young people to maximise opportunities within their short
         break.




        I/We can confirm full compliance with the tender specification


Signed:


Date:

Print Name:


In the capacity of:

								
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