Community Sentence Treatment Requirement – Contract Award

The Community Sentence Treatment Requirement Programme is a partnership between the Ministry of Justice, Department of Health and Social Care, NHS England, and Public Health England. A Community Sentence Treatment Requirement protocol has been developed by this partnership, with a view to increasing access to mental health and substance abuse treatment as part of a community sentence. The pilot is now part of the national programme.

The intention is for the programme to be tested first with female offenders, based out of the Beth Centre in Lambeth, and covering residents of the six boroughs in the South London Alliance.

The Deputy Mayor for Policing and Crime is recommended to award St Andrew’s Healthcare the contract to deliver mental health assessments and treatment in support of the Community Sentence Treatment Requirement South London Female Offender Pilot, at a total contract value of £290,187.

1. Introduction and background

1.1. This decision follows a competitive tender process for mental health services to support the Community Sentence Treatment Requirement (CSTR) Programme South London Female Offender Pilot.

1.2. The provider will be required to undertake clinical assessments and therapeutic treatment for primary Mental Health Treatment Requirements, as well as significant partnership working with probation and substance misuse services, to sequence and support combined orders (with Alcohol Treatment Requirements and Drug Rehabilitation Requirements).

1.3. The intended overarching impact of the project is that individuals with mental health or substance misuse needs receive the most suitable sentence, which is appropriate for their offence and addresses their treatment needs.

1.4. The specification for the service was based on the National Operating Model and developed in partnership, utilising the CSTR Project Group which is chaired by the MOPAC Criminal Justice and Commissioning Head of Service. Partners involved include: Ministry of Justice, NHS England, Public Health England, London National Probation Service, London Community Rehabilitation Company, HM Prison and Probation Service, HM Courts and Tribunal Service and representatives of Lambeth and the Beth Centre.

1.5. The procurement process was managed through Transport for London’s e-portal Pro-Contract. Both the procurement strategy, evaluation and final decision have been approved by TfL. Further information can be found in section 5.

1.6. The successful bidder after following this process was St Andrew’s Healthcare.

2. Issues for consideration

2.1. This pilot has been commissioned to test whether innovative working processes and dedicated provision can increase the use and impact of Community Sentence Treatment Requirements under the existing legislation. Data from 2018 indicates that 66% of female offenders in London had an identified mental health need, yet there were no mental health treatment requirements imposed in the pilot area that year.

2.2. The development of this pilot has involved all the key stakeholders and is aimed at raising awareness of a long-standing statutory option within the judiciary and measuring the outcomes. This pilot is being commissioned to test whether this approach can be an effective response to the strongly linked issues of mental health and offending.

3. Financial Comments

3.1. The total approved budget for this service was £294,250 over financial years 2019/20-2021/22. The successful bid has a total budget of £290,187 which comes in under this total.

3.2. The table below summarises the revised budget position:

3.3. The changes will be managed through the use of reserves.

3.4. Full terms and conditions for contract management and payment will be set out in the contract with the successful provider.

3.5. The investment in this service will be supported by additional funds for evaluation of the pilot and staff training and awareness.

4. Legal Comments

4.1. MOPAC’s general powers are set out in the Police Reform and Social Responsibility Act 2011 (the 2011 Act). Section 3(6) of the 2011 Act provides that MOPAC must “secure the maintenance of the metropolitan police service and secure that the metropolitan police service is efficient and effective.” Under Schedule 3, paragraph 7 (1) MOPAC has wide incidental powers to “do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of the Office.” Paragraph 7(2) (a) provides that this includes entering into contracts and other agreements.

4.2. Under MOPAC’s Scheme of Delegation, the delegation of responsibility for the finalisation of planning and contractual/grant arrangements, including relevant terms and the signing of agreements, to the Chief Operating Officer or above is in accordance with the general power of delegation in paragraph 1.7.

4.3. There are further relevant powers set out in the Crime and Disorder Act 1998 at sections 17(1) (a) to (c) which place MOPAC under a duty to exercise its functions with due regard to the likely effect of the exercise of those functions on, and the need to do all it can to prevent, crime and disorder (including anti-social and other behaviour adversely affecting the local environment), reoffending in its area, and the misuse of drugs, alcohol and other substances in its area. The proposed arrangements are consistent with MOPAC’s duties in the Crime and Disorder Act 1998.

4.4. Further to section 143 of the Anti-Social Behaviour, Crime and Policing Act 2014, MOPAC can also provide services that secure, or contribute to securing, crime and disorder reduction in the body's area.

4.5. The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 made changes to the administration of the Mental Health Treatment Requirement (MHTR) by amending provisions linked to the Criminal Justice Act 2003 and the Mental Health Act 1983:

4.6. “The LASPO Act sought to make it easier for courts to use the MHTR as part of a Community Order or Suspended Sentence Order by simplifying the assessment process and ensuring that those who require community-based treatment receive it as early as possible. The Act removed the requirement that evidence of an offender’s need for mental health treatment is given to a court by a Section 12 registered medical practitioner”

5. Commercial Issues

5.1. The service was procured through the “Light Touch Regime (LTR)” under the Public Contracts Regulations 2015. The value of the contract is above GLA thresholds but under LTR Official Journal of the European Union thresholds. Within the LTR there are no requirements to follow one of the procurement processes. However, a non-mandatory Open Procurement process has been used to provide a structure for the process to ensure transparency.

5.2. A Single Stage Competitive Tender for the contract was undertaken, with a Selection Questionnaire (SQ) and Invitation To Tender (ITT) submitted at the same time. Bids that did not pass the SQ stage did not have their ITT submission evaluated. This is in line with the GLA’s Funding Code, used by MOPAC.

5.3. The Quality:Price ratio was based on 100% technical criteria and 0% price. However, value for money was included in the quality evaluation. This is because volumes are unknown, so it was impossible to calculate a unit cost, and because the focus was on the quality of provision rather than the number of staff employed.

5.4. Bids were evaluated by MOPAC officers, and colleagues from the National CSTR Programme and London Community Rehabilitation Company. A moderation meeting was held on 6 September 2019 and the successful bid was determined by the highest quality score.

5.5. There were five bids in total, of which five passed the SQ and were evaluated. Of those evaluated, five passed all threshold questions and had their scores considered. The highest scoring bid achieved a score of 75%. This bid was made by St Andrew’s Healthcare.

5.6. Successful and unsuccessful bidders will be notified following this decision, and there will then be a 10-day standstill period before a contract is signed.

5.7. There will be a robust monitoring system implemented to ensure delivery and spend is in accordance to the term and condition of the contract.

6. GDPR and Data Privacy

6.1. This project will use personally identifiable data for members of the public. The successful provider will be the primary data controller. MOPAC will be the commissioner and controller of for evaluation purposes only.

6.2. A Data Protection Impact Assessment will be completed by the successful provider and the contract will contain standard clauses regarding GDPR compliance.

7. Equality Comments

7.1. MOPAC is required to comply with the public sector equality duty set out in section 149(1) of the Equality Act 2010. This requires MOPAC to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations by reference to people with protected characteristics. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

7.2. A draft equalities impact assessment has been undertaken for this pilot and this will be finalised with the provider once the contract has been awarded.

8. Background/supporting papers

Annex A – CSTR Specification