Wednesday 30 December 2009

THE REALITY BEHIND LOW COST CARE COMPANIES CONTRACTED BY EDINBURGH COUNCIL

Support Workers' Action Network - Press Release 15th Dec 2009



"Wages are low, training is poor and there is a high turnover of staff who are so rushed they are unable to provide good quality care"


This is the reality behind the City of Edinburgh Council's use of low cost, private care companies according to campaign groups that have been documenting the standard of privatised care services.
The policy of opening up care and support services for vulnerable disabled people to the private sector through competitive tendering was thrown into the spotlight two weeks ago when the Lib Dem / SNP administration's plan to put the services for nearly 800 people out to tender collapsed. This tender process is now being investigated by way of an 'external evaluation' process which is due to report back in late January.
Key to the argument put forward by Lib Dem Health and Social Care Convener, Paul Edie, was the assertion that current providers are too expensive and that the tender process established "tested market rates" some as low as £12.65 an hour.
Itay Idan, spokesperson for the Support Workers' Action Network (SWAN Edinburgh) pointed out that

"the companies that the Council intended to award contracts of £12.65 an hour to pay their support workers less than half that amount - little over minimum wage".

Despite this Cllr Edie has consistently argued that there are 17 care providers in Edinburgh currently providing quality services for even less that £12.65 per hour.
This claim has been thrown into question after SWAN Edinburgh - a group campaigning against the current tender process - went to seek information from the Edinburgh Homecare Campaign - a group that has been documenting the effects of tendering homecare services to private companies for over two years. Danny Oliver, a support worker from SWAN, told us

"Paul Edie claims that good quality services can and are being provided by companies for less than £12.65 an hour. When we put this to Marlyn from Edinburgh Homecare Campaign she showed us pages and pages of individual cases showing that these low cost private companies are letting down their service-users".

Marlyn Tweedie, of the Homecare Campaign continues

"We are alarmed at the increasing use of the private sector in the care of our elderly and disabled citizens.
The care may be cheaper but the quality is sacrificed.
We do not blame the frontline staff. They have an impossible task. Visits are piled on, staff are so rushed they're unable to provide good quality care.
Wages are low, training is poor and there is a high turnover of staff.
As the Panorama programme "Britain's Homecare Scandal" said it is "wilful shambolism"
Councillors need to ask themselves why they have contracted out care to companies which were heavily criticised in that programme.
Companies such as Carewatch who recently told their staff they would have to take a wage cut and who allowed the undercover reporter to work 14 shifts before her clearance came through.
We have consistently learned of service-users whose care has been poor - visits missed, frequently late, staff not knowing what the tasks are etc".

Mr.Oliver of SWAN Edinburgh stated;

"We have been shown individual testimony including an 89 year old man who went without being washed for 3 weeks and a 90 year old woman with dementia who was frequently left sitting in her chair all night when staff failed to turn up. These examples are not exceptions. There are many, many more. This is the kind of care Paul Edie is so keen to roll out to people with learning disabilities, mental health problems and physical disabilities.
It is time that people look at what has been done to care of the elderly in this city and what Cllr Edie is trying to do to other care and support services and we believe it is time for Cllr Edie to reconsider his position in the light of this appalling track record".

At the full Council meeting this Thursday there will be both protests outside and deputations within the meeting calling for a halt to funding cuts and the privatisation of services.

LATEST UPDATE FROM COUNCIL CHIEF EXECUTIVE 13TH DECEMBER



Here are some points worth noting (full briefing below);

1) It appears that the Council is questioning whether or not to proceed with the tendering process at all; "There is a substantial increase in the number of direct payment applications. A decision will need to be taken in due course as to the commerciality of proceeding, bearing in mind the changed circumstances".

2) The independent evaluation will be arranged through 'Deloitte'. From their website;

"Deloitte" is the brand under which tens of thousands of dedicated professionals in independent firms throughout the world collaborate to provide audit, consulting, financial advisory, risk management and tax services to selected clients. These firms are members of Deloitte Touche Tohmatsu (‘DTT’), a Swiss Verein. Each member firm provides services in a particular geographic area and is subject to the laws and professional regulations of the particular country or countries in which it operates. DTT helps coordinate the activities of the member firms but does not itself provide services to clients. DTT and the member firms are separate and distinct legal entities, which cannot obligate the other entities"

3) The evaluation will include 3 other contracts expected to be submitted to the Finance and Resources Committee meeting on the 21st Jan. These are described as "care and support for Lochend Housing, a homelessness housing support service and maintaining a home visiting support service".
See more info on two of these tenders by clicking on links below;
http://www.tendersdirect.co.uk/ourservice/TenderView.aspx?ID=%20000000002603137

http://www.tendersdirect.co.uk/Ourservice/TenderView.aspx?ID=%20000000002569719


4) It appears that the date of 21st Jan for the evaluation to report back is not defidefinite> "The aim is to be able to report to the Finance and Resources Committee on 21 January but it is not possible to confirm this at this stage"




Full briefing;


MEMBERS BRIEFING 147 - 15th December

Contracts for the provision of Care and Support Services


The previous update on the above was provided to members in Briefing 143 on 3 December. It advised of the deferment of a decision on the Council’s tender for Care and Support to allow for an independent evaluation of the tenders.

This brief is intended to provide you with a further update on activity to date and address some concerns which have been raised by members.

Why was the decision on the Care and Support Tender deferred?

New information emerged on Tuesday
1 December, prior to the special Finance and Resources Committee on 3 December which caused officers to review the prospect of legal challenge.

An enquiry had been raised asking whether or not there had been complete separation between price and quality. To ensure that the process was robust, further time was required in order to investigate this. As a result and upon the Leader’s instructions, an independent evaluation of the process has been instructed.

Given the proximity of the special meeting of the Finance and Resources Committee on 3 December, and after consulting with senior officers and legal counsel, my advice to the Council Leader on Wednesday 2 December was to adjourn the special meeting of the Finance and Resources Committee to allow further consideration of a number of issues.

This advice was accepted by the Council Leader who immediately instructed me to obtain an independent evaluation of the tenders.

As members had been advised, tenders were open for acceptance until 5 December 2009. However, for the reasons outlined above, it was felt better to delay the award of contract, and judging the balance of risk, it was clear that the risk of proceeding with the award outweighed that of delaying a decision beyond the tender acceptance dates.

The Director of Finance is writing to all tenderers asking them to keep open their tender submission for an extended period. It is important to recognise that we cannot legally require tenderers to do this.

Communications with service users

On the afternoon of 3 December the Director of Services for Communities contacted the User Group Representatives advising them that the Committee had been adjourned. Letters to service users and to relatives and carers of service users were issued on 4 December which:

· informed them of the deferment of the decision on the award of contract
· advised them of the continuity of their current service provider and
· provided a contact number for enquiries.

Copies of these letters are attached.

Previously, an assurance had been given that all applications for direct payments received by 3 December would be excluded from any contracts pending their assessment. This approach had been recommended to provide a period of stability to allow the transition to new contracts. Since the contract award has been deferred, the Departments of Health and Social Care and Services for Communities have continued to accept and process direct payment applications.

Since 19 November 466 clients have requested a direct payment. 26 applications have been processed in addition to 69 previously processed.

There is a substantial increase in the number of direct payment applications. A decision will need to be taken in due course as to the commerciality of proceeding, bearing in mind the changed circumstances.

What are we doing now?

Utilising the Council’s procurement framework agreement, I expect to appoint Deloitte in the next 24 hours to undertake an independent evaluation of the tender process.

Their remit is to carry out two stages of work:

a) the first stage is to carry out an initial
assessment of the process undertaken; and

b) the second subsequent stage is to assess
the consistency of the approach and the
outcome obtained.

Three other contracts are currently scheduled to be submitted to Finance and Resources Committee in January. These are for:

· care and support for Lochend Housing
· a homelessness housing support service and
· maintaining a home visiting support service.

I intend to ask Deloitte to review these as part of their remit.

The consultants have been asked to report as soon as possible, while ensuring that the remit is thoroughly discharged. With the holiday period imminent, this will mean that the bulk of the work will take place in January. The aim is to be able to report to the Finance and Resources Committee on 21 January but it is not possible to confirm this at this stage.

A number of letters, seeking additional information, have been received from elected members and others. These will be responded to as soon as practicable but it will not be possible to deal with substantive issues until the consultants’ assignment is completed.

A further Members’ Briefing will be issued as soon as is possible.

Tom Aitchison
Chief Executive

Member's Briefing 15th December

MEMBERS BRIEFING 147 - 15th December

Contracts for the provision of Care and Support Services


The previous update on the above was provided to members in Briefing 143 on 3 December. It advised of the deferment of a decision on the Council’s tender for Care and Support to allow for an independent evaluation of the tenders.

This brief is intended to provide you with a further update on activity to date and address some concerns which have been raised by members.

Why was the decision on the Care and Support Tender deferred?

New information emerged on Tuesday
1 December, prior to the special Finance and Resources Committee on 3 December which caused officers to review the prospect of legal challenge.

An enquiry had been raised asking whether or not there had been complete separation between price and quality. To ensure that the process was robust, further time was required in order to investigate this. As a result and upon the Leader’s instructions, an independent evaluation of the process has been instructed.

Given the proximity of the special meeting of the Finance and Resources Committee on 3 December, and after consulting with senior officers and legal counsel, my advice to the Council Leader on Wednesday 2 December was to adjourn the special meeting of the Finance and Resources Committee to allow further consideration of a number of issues.

This advice was accepted by the Council Leader who immediately instructed me to obtain an independent evaluation of the tenders.

As members had been advised, tenders were open for acceptance until 5 December 2009. However, for the reasons outlined above, it was felt better to delay the award of contract, and judging the balance of risk, it was clear that the risk of proceeding with the award outweighed that of delaying a decision beyond the tender acceptance dates.

The Director of Finance is writing to all tenderers asking them to keep open their tender submission for an extended period. It is important to recognise that we cannot legally require tenderers to do this.

Communications with service users

On the afternoon of 3 December the Director of Services for Communities contacted the User Group Representatives advising them that the Committee had been adjourned. Letters to service users and to relatives and carers of service users were issued on 4 December which:

· informed them of the deferment of the decision on the award of contract
· advised them of the continuity of their current service provider and
· provided a contact number for enquiries.

Copies of these letters are attached.

Previously, an assurance had been given that all applications for direct payments received by 3 December would be excluded from any contracts pending their assessment. This approach had been recommended to provide a period of stability to allow the transition to new contracts. Since the contract award has been deferred, the Departments of Health and Social Care and Services for Communities have continued to accept and process direct payment applications.

Since 19 November 466 clients have requested a direct payment. 26 applications have been processed in addition to 69 previously processed.

There is a substantial increase in the number of direct payment applications. A decision will need to be taken in due course as to the commerciality of proceeding, bearing in mind the changed circumstances.

What are we doing now?

Utilising the Council’s procurement framework agreement, I expect to appoint Deloitte in the next 24 hours to undertake an independent evaluation of the tender process.

Their remit is to carry out two stages of work:

a) the first stage is to carry out an initial
assessment of the process undertaken; and

b) the second subsequent stage is to assess
the consistency of the approach and the
outcome obtained.

Three other contracts are currently scheduled to be submitted to Finance and Resources Committee in January. These are for:

· care and support for Lochend Housing
· a homelessness housing support service and
· maintaining a home visiting support service.

I intend to ask Deloitte to review these as part of their remit.

The consultants have been asked to report as soon as possible, while ensuring that the remit is thoroughly discharged. With the holiday period imminent, this will mean that the bulk of the work will take place in January. The aim is to be able to report to the Finance and Resources Committee on 21 January but it is not possible to confirm this at this stage.

A number of letters, seeking additional information, have been received from elected members and others. These will be responded to as soon as practicable but it will not be possible to deal with substantive issues until the consultants’ assignment is completed.

A further Members’ Briefing will be issued as soon as is possible.

Tom Aitchison
Chief Executive

Thursday 10 December 2009

Swan Edinburgh Meeting 7/12/09



Present:
Support Workers from : Action Group , Garvald, Deaf Action, Richmond Fellowship and Freespace.

Update:
There will be an external evaluation of the tendering. In theory the finding will be presented to the finance committee on 21st Jan . Jude will try to find out what is the remit of the review. Andy will contact Maggie Chapman to find out more details.

Meeting with Councilors: We will keep up the pressure on the council and continue our campaign by organising support workers from different organisations (2-3 people for a meeting) to meet councilors. Danny will coordinate.

Press release: People expressed their disappointment that Cllr Norman Work’s letter was not published in the media. As well as the Evening News and the Scotsman that already being given the press release Herald Post and the Big Issue and Councilors will be also notified.

‘Fair wage and conditions for care workers’ Petition: So far we have more than 400 signatures (online and paper). Danny will check with Iain McGill about presenting it to the petition committee in the Scottish Parliament.
Contact with other campaign groups: Marlyn from the Homecare group called to say that everyone at their campaign is encouraged and motivated by the success of the campaign against tendering. We at Swan can learn from the way they use individual cases to argue their point of view.
*Parents and Carers Group at Garvald was interested in coming to our meetings. Jude will link with Lesley from that group to find out how it is organised and what is discussed. We hope to find volunteers to go to each of the above mentioned groups’ meetings.

Union Membership: The Union has not being helpful in the tendering campaign and the refuse workers dispute. However, some people think that if we will have a strong membership we can make the union work for us. That will require a greater involvement and participation. Further discussion is needed. Meanwhile some organisations have already started to extend Union’s membership. We will try to build this within our own organisations.

Independent Impact Assessment: Suggested by Martine to evaluate the impact of the tendering. Mary will check with Martine how far she is with the assessment and what help she needs.

Legal Advice: We will need advice about the legality of Direct payment cuts, limited choice for service users and people right to refuse entry to their home (human rights legislation). Jude will find out where we may get advice and will contact the law faculty at Edinburgh University to see if anyone wants to help us with legal issues.
Internet Site: We would like to make it more accessible. Danny and Elli will coordinate with Ben and Hesham.

*Next Meeting: in Slateford Green Community hall 7:30 pm next Monday 14th

Thursday 3 December 2009

Letter from cllr Andrew burns to Cheif exec of the finance & Resources Commitee

Today at 12:03pm
Hello

By way of further update - following this morning's meeting of the Finance and Resources Committee - please see the e-mail below which I have just sent to the Chief Executive of the Council.

Please do feel free to forward this, and the earlier update sent last night, to any others who you know have an interest in the current tendering process.

And, if you have any queries, don't hesitate to get in touch with either myself or Lesley Hinds ... many thanks.

Andrew
____________



Andrew Burns

Labour Councillor for Fountainbridge/Craiglockhart Ward

Leader, Labour Group, City of Edinburgh Council



Tel: 0131 529 3287 (w) or: 07880 502 212 (m)






From: Andrew Burns
Sent: 03 December 2009 11:10
To: Tom Aitchison
Cc: Phil Wheeler; Mark Turley
Subject: Care and Support Services tender
Importance: High

Tom

Firstly, can I say thanks for the efforts you've personally made to keep the Opposition Groups informed of events over the last few days ... its been appreciated.

I do though have to complain to you, as Chief Executive, in the strongest terms at the way this morning's Finance and Resources Committee meeting was handled.

Councillor Wheeler simply read out a pre-prepared statement (which is fair enough) and then refused to take any questions and all Officers and Administration politicians present simply walked out of the room.

We have three very serious concerns that now remain totally unanswered:
no one knows if the previously communicated deadline of 3rd December (today!) for Direct Payment applications still stands and/or if Direct Payment applications will now be accepted up until the 21st January - or any date in between? In addition, there was no discussion at all about how any of this is now to be communicated to clients and carers - it would have been helpful to have at least been reassured about what communications plans are now in place, and to have been informed about the potential scope of any investigation?
we were told by Officers, in totally unequivocal terms, at the 19th November Council meeting (and at several others meetings, including recent User-Group meetings) that the contracts HAD to be awarded by the 4th December (under the 240-day rule from the original contract documentation) ... nobody knows if this has now been extended via negotiation with the successful tenderers and/or if another arrangement has been arrived at? In addition to this important query - how can we now have confidence in legal advice we are given at Council meetings by Officers?
finally, we have additional serious concerns about previous tendering processes (specifically for Homelessness Services) conducted by this Administration and do feel, in the light of what has happened with the Care and Support services tender, that the investigation which is about to take place should look at some of these issues ... we were given no chance to raise this important point? It is worth remembering that this current tender would have been awarded on the 27th October, and thereafter again on the 19th November, if Opposition Groups (and the public) hadn't maintained a vigorous questioning of the processes being followed.
But in many ways, worse than us - as Opposition politicians - not knowing the answers to these points - neither do the hundreds of clients and carers affected by this whole saga. Many of them were present this morning and I can only assure you they were appalled at the inability of anyone to query Officers on the points above.

Tom - today's meeting only happened because of Opposition and public disquiet over these issues. Today's meeting only happened as a result of an Amendment (now an Act of Council) moved by Councillor Hinds and seconded by Councillor Chapman. I feel very strongly that over the coming weeks much more Officer attention should be paid to those who have led the Council on this, and who have the majority support of the Council behind them.

I look forward to your response to these points.

Andrew

The tender process has been postponed to allow independent evaluation

In a surprise last minute decision, the Chief Executive of Edinburgh Council has intervened to suspend the tendering process for care and support services. The report that was to be submitted to tomorrow morning's Finance and Resources Committee meeting will now be withdrawn from the agenda. An independent investigation is being launched into the whole process, which will report back to the Council next year. The special meeting of the Finance and Resources Committee will still go ahead tomorrow, but it will simply last a few minutes and the Convener will announce the intention to postpone award of contracts pending an independent investigation.
This significant victory is largely due to the pressure put on the Council from all those involved in the campaign against the whole tendering process.
Well done!
SWAN believes that the positions of those who tried to push this through are now untenable. We suggest that you contact both the LibDem / SNP administration and local media (principally the Evening News) to call for the resignation of Paul Edie, Norman Work, Mark Turley and Peter Gabbitas now that the policy of cutting finance to, and the selling off, of care and support services that they engineered has been discredited.
We will be attending the Finance meeting tomorrow and it would be great to see you there to celebrate with us!
Statement from Council Leader Jenny Dawe copied below.
Thanks
SWAN Edinburgh

FINAL DRAFT OF CEC NEWS RELEASE

from Chief Executive's Office





The following is a statement from City of Edinburgh Council Leader Jenny Dawe.



She said: “I recognise the importance of the Care and Support Services Tender to vulnerable people in the city and have insisted that all aspects of the tendering process must be robust. I have been in regular touch with senior council officials on this and have just been advised that there remain a number of outstanding issues surrounding the Care and Support Services Tender. As a result, I have instructed the Chief Executive to have the tenders independently evaluated.



“The specially convened Finance and Resources Committee will meet tomorrow when the Convener intends to adjourn the meeting to allow officers to provide an updated report in January.



“On behalf of the Administration, I would like to reassure service users there will be no interruption to their current care and support arrangements, pending a decision in January. Direct Payment applications will continue to be processed as previously agreed.



“We are determined to ensure the integrity of the tender process and believe an independent evaluation is the best way to achieve this.”

Wednesday 2 December 2009

Update 1.12.09

Sign Petition

Petition to persuade the council to set Direct Payments at a rate that allows support workers to receive a reasonable , living wage and that takes account of the skilled and specialized nature of their work. This is essential to keep skilled experienced teams capable of providing quality care
Please sign before Thursday 3rd.



http://www.gopetition.com/online/32369.html



:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

STOP THE DESTRUCTION OF CARE AND SUPPORT SERVICE IN EDINBURGH

Lobby the Council 9.30am Thursday 3rd December 2009 City Chambers , High Street



This Thursday service-users , their families , care and support staff , campaign groups and their supporters will be attending a specially convened meeting of the Finance committee in a last ditch attempt to save their vital services from being handed over to low cost private companies.

The LibDem / SNP administration is attempting to force through cuts of up to 40% on some people’s care packages despite massive opposition.

99% of service-users threatened by the cuts were never consulted and the potential impact on vulnerable individuals with complex needs was never assessed.

The funding cuts will see much of the care of people with learning disabilities , physical disabilities and mental health problems transferred from well established , specialised voluntary sector organisation to low cost , private companies with questionable track records with devastating results as has been seen in care of the elderly in many places

We must stop this before its too late.

Come along on Thursday and show the Council that the people of Edinburgh will not let this happen without a fight.



Edinburgh Support Workers’ Action Network (SWAN)