Purpose

Proposed
decision
 
•         To
tender for the award of Contracts for the Coroners Removal and
Transfer Service for the Kent and Medway coroners areas for an
initial 3-year period, with an option to extend for up to 2
years;
•         Delegate
authority to the Director of Growth & Communities in
consultation with the Cabinet Member for Community and Regulatory
Services to take relevant actions, including but not limited to,
awarding, finalising the terms of and entering into the relevant
contracts or other legal agreements, as necessary, to implement the
decision
•         Delegate
authority to the Director of Growth & Communities in
consultation with the Cabinet Member for Community and Regulatory
Services to Award Renewals of the current contracts in accordance
with the current clauses within the contract for the period 00:00
on 22nd May 2024 to 23:59 on 31st December 2024 to accommodate the
required procurement process
 
Reason for the decision
 
This decision is
required to allow the KCC Coroners Service to put in place new
Coroners Removals and Transfer Contracts, to allow it to meet its
statutory responsibilities (as detailed in the background section
below).
 
Background
 
The Coroners and Justice Act 2009
places a duty on Coroners to investigate deaths that are referred
to them if they have reason to think that: 

·               
The death was violent
or unnatural. 

·               
The cause of death is
unknown; or 

·               
The deceased died
while in prison, police custody or another form of state detention
e.g., where a Deprivation of Liberty Safeguard Order (DoLS) is in
place. 
 
When a death is reported to the coroner,
he or she: 

·   
establishes whether an
investigation is required. 

·   
if yes, investigates
to establish the identity of the person who has died; how, when,
and where they died, and any information to register the death;
and 

·   
uses information
discovered during the investigation to assist in the prevention of
other deaths where possible. 

 
In some
cases, the coroner will order a Postmortem (PM) to establish the
cause of death. On behalf of the Kent and Medway Senior Coroners,
KCC ensures access to body storage and PM facilities across the
four Kent and Medway coroner areas. When a PM is necessary there is
a requirement that the deceased be transported to a designated
mortuary. KCC puts contracts in place on behalf of the Kent and
Medway Senior Coroners for such transportation with funeral service
providers.
 
 
Options (other options considered but discarded)

 

Direct
Award of Coroners Removals and Transfer Service Contract –
This approach is not compliant with the Public
Contracts Regulations 2015 and would bring significant risk of
legal challenge.  Lack of competition
does not demonstrate compliance with the Council’s Best Value
Statutory obligations.

 

Do
Nothing –These Contracts support delivery of KCC’s
statutory responsibilities with respect to the Coroners and Justice
Act 2009.  Suitable contractual
arrangements are required to ensure security of supply and service
rates.

 

Use of
External Procurement Framework –There are no
available Frameworks that can be used to procure these localised
services.

 

Delivery of Transport Service in house –
Discounted.  The Council has not provided an in-house
transport service to date. The Service would require the
availability of trained staff 24/7 365 days per year; detailed cost
information would need to be established to understand the
viability of this option.

 
How the proposed decision supports the

Framing
Kent's Future - Our Council Strategy
2022-2026
 
The proposed (Lotted)
Contract structure minimises potential environmental impact of the
transport element of this service (Priority 3, Environmental step
change).
 
How
the proposed decision supports Securing Kent’s
Future
 
Contract review work
undertaken to date and plans for a competitive procurement process
supports Objective 2 of Securing Kent’s Future (Delivering
savings from identified opportunity areas to set a sustainable
2024/5 budget and MTFP).
 

Decision

As Cabinet Member for Community and Regulatory
Services, I agree:
 
•         To
TENDER for the award of Contracts for the Coroners Removal and
Transfer Service for the Kent and Medway coroners areas for an initial 3-year period, with an
option to extend for up to 2 years;
 
•         DELEGATE
authority to the Director of Growth & Communities in
consultation with the Cabinet Member for Community and Regulatory
Services to take relevant actions, including but not limited to,
awarding, finalising the terms of and entering into the relevant
contracts or other legal agreements, as necessary, to implement the
decision;
 
•         DELEGATE
authority to the Director of Growth & Communities in
consultation with the Cabinet Member for Community and Regulatory
Services to Award Renewals of the current contracts in accordance
with the current clauses within the contract for the period 00:00
on 22nd May 2024 to 23:59 on 31st December 2024 to accommodate the
required procurement process.