Purpose

Proposed
decision:

1)     Issue new contracts,
via direct awards, for the provision of Post-Mortem Facilities in
Mid-Kent and Medway, Northwest Kent, East Kent, Central and South
East Kent to commence from 1 April 2024 for a period of 3 years (36
months) with the option of extending for up to a further 2 years
(24 months) 
 

2)     Delegate authority to
the Director for Growth and 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
 

3)     Delegate authority to
the Director for Growth and Communities, in consultation with the
Cabinet Member for Community and Regulatory Services to  award extensions of contracts for commissioned
services in accordance with the extension clauses within the
contract (3 years + 2 year extension)

 
Reason
for the decision:
The current contracts for PM facilities and
staff expire on 31 March 2024. There is a need for these contracts
to be renewed from 1st April 2024 to ensure continuity of this
critical service.

 

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.

 
In some cases, the Coroner will order a
Post-Mortem (PM) to establish the cause of death, and in such
cases, the deceased is taken to one of five NHS mortuaries across
Kent and Medway. On behalf of the Kent Senior Coroners, KCC ensures
access to body storage and PM facilities across the Kent coroner
areas. 
 
Options (other
options considered but discarded):
Option 1: Do
nothing
This is a statutory service, and unless
contracts are put in place the system of coronial death
investigation and certification in the Mid Kent & Medway, North
West Kent, North East Kent, Central and South East Kent coroner
areas will fail. The Council will also be at risk of receiving an
inconsistent provision and quality of service, a lack of control
over costs, and subsequent reputational ramifications.
 
Option 2: Go out to
tender Competitive Tender Process
There are no private sector organisations
within this marketplace locally, and previous experience of
mortuary use outside of Kent has not delivered a suitable service.
A competitive tender process will not yield a competitive
process.
 
Option 3: Use of
Framework or other viable contract mechanism.
There are no known frameworks or other viable
mechanisms for the provision of mortuary facilities in England and
Wales.
 
Option 4: One NHS
Trust delivers all PMs.
No single facility can accommodate the number
of PMs required. 
 
How the
proposed decision supports the
Framing Kent's Future - Our
Council Strategy 2022-2026:
The decision supports Priority
2 of Framing Kent’s Future: Infrastructure for Communities,
as it supports KCC’s duty to resource the Senior Coroners in
Kent in carrying out their role.
 
How the proposed
decision supports Securing Kent’s Future:
Contract review work
and negotiation undertaken to date 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:
 
(i)       ISSUE new contracts,
via direct awards, for the provision of Post-Mortem Facilities in
Mid-Kent and Medway, North West Kent, North East Kent and Central
and South East Kent coroner areas to commence from 1 April 2024 for
a period of 3 years (36 months) with the option of extending for up
to a further 2 years (24 months).
(ii)       DELEGATE authority
to the Director for Growth and 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.
(iii)      DELEGATE authority to the
Director for Growth and Communities, in consultation with the
Cabinet member for Regulatory Services to award extensions of
contracts for commissioned services in accordance with the
extension clauses within the contract (3 years + 2 year
extension).