Decision Maker:

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: August 18, 2025

Purpose:

Content: Salford City Council – Record of Decision   I Councillor Youd, Lead Member for Finance and Support Services and chairman of the Procurement Board, accept the recommendation of the Procurement Board and in exercise of the powers contained within the Council Constitution do hereby approve:   ·      an exception to Contractual Standing Orders, as permitted within the City Council Constitution, to award of the Contract for Specialist Education for a 12-month period (1 September 2025 – 31 August 2026), as detailed in the table below:   Detail required Answers     Title/Description of Contracted Service/Supply/Project Specialist Education Procurement Reference Number (DN and CR, supplied by Procurement) S1799 Name of Successful Contractor Edstart schools Supplier Registration Number (to be supplied by Procurement) 09094059 Proclass Classification No. (to be completed by procurement) 171020   Type of organisation (to be supplied by Procurement) Limited Liability Partnership Status of Organisation (to be supplied by  Procurement) SME Contract Value (£) £369,000 per annum Total Contract Value including extensions (£) £738,000 total project Contract Duration 12 months Contract Start Date 01/09/2025 Contract End Date 31/08/2026 Optional Extension Period 1 12 months Optional Extension Period 2 Who will approve each Extension Period? Procurement Board (extension > £150k) Contact Officer (Name & number) Cathy Starbuck Lead Service Group Children's Services Reason for CSO Exception: The goods / services / works are only obtainable from one provider and there is no other provider available to allow genuine competition Tick if it applies ? Reason for CSO Exception: The execution of works or the supply of goods or services is controlled by a statutory body Tick if it applies ? Reason for CSO Exception: Delivers Best Value to the Council Tick if it applies ? Reason for CSO Exception: Special education, health or social care contracts, if it is considered in the Council’s best interests and to meet the Council’s obligations under relevant legislation Tick if it applies ? Reason for CSO Exception: The execution of works or the supply of goods and services is required so urgently as not to permit compliance with the requirements of competition Tick if it applies ? Reason for CSO Exception: Security works where the publication of documents or details in the tendering process could prejudice the security of SCC and Salford residents Tick if it applies ?     The reasons are: The award of contract to Edstart schools for specialist education would allow Salford City Council to secure provision equivalent to 18 full-time on roll education places for permanently excluded KS3&4 pupils for the 2025-26 academic year at a cost of £20,500 per place. They are the only Ofsted registered provider in the city.   Given that existing PRU provision in Salford is at capacity, this would enable Salford City Council to discharge its statutory duty to arrange suitable full-time education for pupils aged 11-16 (Years 7-11) following permanent exclusion from mainstream settings.   Options considered and rejected were: The award of the contract to Edstart Schools for the Specialist Education service is considered to be of most benefit and least risk.   Assessment of risk: High risk – if the council does not enter into this contract, it may not be able to carry out its statutory duty to arrange suitable full-time education for pupils following permanent exclusion from mainstream settings.   The source of funding is: DSG - High Needs Block   Legal advice obtained: supplied by Tony Hatton, the Shared Legal Service When commissioning contracts for the procurement of goods, services or the execution of works, the Council must comply with the Procurement Act 2023 (PA) and its own Contractual Standing Orders (CSO’s), failing which a contract may be subject to legal challenge from an aggrieved provider. For contracts of this value, the Council would usually advertise its requirements on the Chest portal.   Whilst exceptions to CSO’s may be authorised by a decision notice from Procurement Board for the value of this purchase as detailed in section 3 of Part 5 of the Constitution there is still a risk of challenge from aggrieved providers if the usual tender process has not been followed. In any event, PA permit sole sourcing and/or direct award of a contract to be made to a contractor in limited circumstances, as provided for in Section 41 which provides that a direct agreement can be made where it is based on one of the justifications set out in schedule 5 of the PA. These justifications, for the most part, reflect the existing grounds from regulation 32 of the PCR 2015, covering familiar territory such as “an absence of competition for technical reasons” (as here); extension to existing supplies where a change in supplier would result in a “difference or incompatibility” and “disproportionate technical difficulties”; advantageous terms in an insolvency; and “strictly necessary for reasons of extreme and unavoidable urgency”.   The risk of any challenge increases in tandem with the value of the award, and in this instance, as noted in the report, the value is relatively low and for a service provided by a unique provider. The Council is also under a best value duty to carry out its functions economically, efficiently and effectively with the objective to achieve value for money in all public procurement and considered the award of the contract to Edstart Schools for the Specialist Education service to be of most benefit and least risk.   Financial advice obtained: supplied by Beth Mitchell, Finance Team The cost of the above will be charged to the High Needs Block within the DSG. The high needs block is currently forecast to overspend in 2025/26, the above agreed amount will increase the forecast overspend.   However the implications of agreeing is the likelihood of avoidance that education would have to sought from providers outside of the LA. Such placements are not only more expensive—often involving higher tuition costs, transportation expenditures, and additional support arrangements—but they can also disrupt continuity of care and education for the young person.   Procurement advice obtained: supplied by Tom Pyne, The Corporate Procurement Team Approved by Procurement for the reasons set out in this report. This includes evidence that Commissioning hold that demonstrates that this is the only registered provider at this time in the City for this specific service. The chances of challenge are minimal and Procurement will liaise with the Commissioner moving forward with regards to any future commissioning intentions and any associated compliant procurement support requirements.   HR advice obtained: N/A   Climate change implications obtained: N/A   Contact Officer:  Cathy Starbuck Telephone number:   Please delete from the bullets below any which are not relevant: ·      This matter is also subject to consider by the Lead Member for Childrens Services ·      The Lead Member has been consulted and is supportive of the proposed contract. ·      The appropriate Scrutiny Committee to call-in the decision is the     Signed:   Cllr J Youd           Dated:    18 August 2025.               Lead Member   FOR DEMOCRATIC SERVICES USE ONLY:   This decision was published on 19 August 2025 This decision will come in force at 4pm on 27 August 2025 unless it is called-in in accordance with the Decision Making Process Rules.