Agenda and minutes

The Chair welcomed all in attendance to the Call-In meeting.

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

2  To consider whether or not to accept the officers recommendation in respect of the above information.

3  If so, to formally pass the following resolution:-

  RESOLVED – That the press and public be excluded from the meeting during consideration of the following parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information, as follows:-

Agenda item 7 – Appendix 2 of the report under Access to Information Procedure Rule 10.4 (3)

RESOLVED – That the public be excluded from the meeting during consideration of the following parts of the agenda designated exempt on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present there would be disclosure to them of exempt information so designated as follows:

Appendix 2 to the report referred to in minute 78 under the terms of Access to Information Procedure Rule 10.4 (1, 2 and 3), and on the grounds that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

To declare any personal/prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members’ Code of Conduct.

Councillor Lancaster declared a personal interest in agenda item 7, Review of Decision – Award of Contract for the Delivery of Connexions Services in Leeds: Information Advice and Guidance, due to being a Member of the Pre School Learning Alliance (Minute No. 78 refers).

A further declaration of interest was made at a later point in the meeting (Minute No. 78 refers).

Apologies for absence were submitted by Councillors Cleasby, R D Feldman, Renshaw, E Taylor and Mrs S Knights.  The Board was informed that Councillor Wilkinson was to substitute for Councillor R D Feldman.

To receive and consider the attached report of the Head of Scrutiny and Member Development.

The Head of Scrutiny and Member Development submitted a report regarding the procedural aspects of the Call-In process.

Members were advised that the options available to the Board in respect of this particular called-in decision were:-

Option 1 – Release the decision for implementation.  Having reviewed the decision, the Scrutiny Board (Children’s Services) could decide to release it for implementation.  If this option was chosen, the decision would be released for immediate implementation and the decision could not be called-in again.

Option 2 – Recommend that the decision be reconsidered.  Having reviewed the decision, the Scrutiny Board (Children’s Services) could recommend to the Acting Chief Officer for Early Years and Integrated Youth Support Services, that the decision be reconsidered.  If the Scrutiny Board (Children’s Services) chose this option, a report would be submitted to the Acting Chief Officer for Early Years and Integrated Youth Support Services within three working days of this meeting.  The Officers would reconsider their decision and would publish the outcome of their deliberations on the delegated decision system.  The decision could not be called-in again whether or not it was varied.

RESOLVED – That the report outlining the Call-in procedures be noted.

In accordance with Scrutiny Procedure Rules concerning Call In, to review a decision of the Acting Chief Officer for Early Years and Integrated Youth Support Services, taken on 18^th December 2008 in relation to the contract for the delivery of Connexions Services in Leeds: Information Services and Advice.

The Head of Scrutiny and Member Development submitted a report, together with relevant background papers, relating to an Officer Delegated Decision D34722 of the Acting Chief Officer for Early Years and Integrated Youth Support Services as follows:-

To award a contract for the delivery of Connexions Services in Leeds: Information Advice and Guidance

‘The Acting Chief Officer for Early Years and Integrated Youth Support Services agreed the recommendation to award the contract to Prospects Ltd for the delivery of Connexions Services in Leeds: Information Advice and Guidance’.

The decision had been called-in for review by Councillors B Atha, J Dowson, P Gruen, J Lewis and L Mulherin on the following grounds:-

‘We the undersigned would like an explanation of how the criteria for scoring potential bidders was developed.  Furthermore, we would like an explanation of how the successful organisation scored against these criteria and how officers taking this decision were reassured that the bid was robust.

Furthermore, we would like more information on the make-up of the evaluation panel and how the winning bid was deemed to offer the best value for money’.

The Board considered the following written evidence:-

• Report of the Strategic Procurement Manager considered by the Joint Preventative Commissioning Panel (JPCL) meeting held on 5^th December 2008;
• Notes of the Tender Evaluation meeting held on 22^nd/23^rd September 2008 – Exempt information; and
• Full Tender Scoring Matrix (November 2008) – Exempt information.

Councillor J Lewis attended the meeting to present evidence to the Board and respond to Members’ questions and comments.

The following officers were also in attendance :-

-  Sally Threlfall, Acting Chief Officer for Early Years and Integrated Youth Support Services;

-  John Paxton, Head of Integrated Youth Support Services;

-  Gerry Hudson, Integrated Youth Support Services Manager; and

-  Iain Dunn, Principal Procurement Manager.

The Board then questioned Councillor J Lewis and officers at length on the evidence submitted.

Some of the main concerns highlighted by Councillor J Lewis were:-

• Concern that the decision had not been made in accordance with Article 13 of the Council’s constitution (Decision Making).
• Concern that pre qualification questionnaire scores were not included as part of the final scoring process.
• Concern that final scores were allocated before presentations by the bidders.
• Concern that local employers and young people had not been involved.
• Concern that the successful bidder was not based in the local area.
• Concern about service disruption and the cost of establishing a new service.

In explaining the reasons for the decision, officers made the following comments:-

• The decision to undertake a full tender exercise was taken with the support of the Director of Children’s Services and Procurement.
• There was a risk of legal challenge if the market had not been tested. 
• The tender evaluation process resulted in a clear outcome. 
• There was excitement about the exceptional quality of the preferred bidder.
• Further detailed information about the tender evaluation process and composition of the panel was provided.  ...  view the full minutes text for item 78.

In accordance with Scrutiny Board Procedure Rules, to consider the Board’s formal conclusion(s) and recommendation(s) arising from the conclusion of the called-in decision.

Following consideration of the evidence presented and the options available to them, as outlined in Minute No. 77, the Board unanimously resolved that Option 1 – Release the decision for implementation was the most appropriate action.

RESOLVED – That the Officer Delegated Decision D34722 be immediately released for implementation.

(The meeting concluded at 2.45 pm).