Decision

To approve a 12-month extension to Contract CS1731 for the delivery of the Short Breaks service by Barnardo Services Limited, covering the period:

1 April 2026 to 31 March 2027, at a total value of £330,307.

This decision implements the Exemption Request approved by the Exemptions Panel on 17 March 2026, and the subsequent Exemptions Panel on 5 May 2026, at which agreement was reached to approve a full 12-month exemption.

Reasons for the decision

Wiltshire Council has a statutory obligation under the Children Act 1989 to provide Short Breaks for disabled children and young people.

Previous procurement activity resulted in very limited market interest, with the most recent exercise receiving no bids. The current contract was therefore established through direct negotiation following a failed competitive process.

Re-tendering a 12-month contract is unlikely to generate viable bids and risks delays, disruption, and a gap in statutory provision.

Barnardo’s continues to deliver the service effectively. Extending for 12 months ensures continuity, not substantive change.

The service has been rebranded as Inclusive Wiltshire, with a new tender planned for the Activity Extra element towards the end of 2026.

This exemption is required to lawfully extend the existing contract in accordance with the Public Contract Regulations 2015.

a. Regulation 32(2)(a): No suitable tenders were received previously, and a short-term re-tender is highly unlikely to attract bids.
b. Regulation 32(3)(a): No substantial change is being made to the scope; altering it would distort the requirement.
c. Regulation 72(1)(b) and 72(1)(c)(iii): The extension does not materially change the contract and remains within permitted thresholds.
d. Regulation 72(2): Previous exemptions have been granted; this will be the final extension before transition to the new model.

Extending the contract avoids disruption to families, instability for children with significant needs, reputational risk to the Council, and inefficiencies associated with mobilising a short-term provider.

The risk of supplier challenge is minimal due to the evidenced lack of market interest.

I confirm that in making this decision I have considered the following in line with Wiltshire Council’s Constitution:

Key decision requirements: No

Views of relevant cabinet member(s), committee chairman, area board(s): NA

Consultation with cabinet member(s), the Leader and Scrutiny (for Executive decisions taken under Emergency Powers): Yes

Consultation in accordance with the council’s consultation guidance and the views emanating from that process: NA

Implication of any council policy, initiative, strategy or procedure: No

Staffing, financial and legal implications: Yes

The assessment of any associated risks in accordance with the Council’s risk management strategy: Yes

Involvement of appropriate statutory officers and/or corporate directors and directors: Yes

Regional or national guidance from other bodies where relevant: Yes

The council’s constitution, including the Procurement and Contract Rules (Part 10) and the Financial Regulations and Procedure Rules (Part 9), all relevant guidance, legislation, codes of practice, and protocols: Yes

Alternative options considered

Re-tender – discounted due to lack of market interest and short contract duration.

Immediate recommissioning – discounted as the future model is still in development.

Do nothing – rejected due to statutory duties and risk of service cessation.