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De-Commissioning Checklist

Guidance adapted from the Department of Health 'Putting People First,


Transforming Adult Social Care'

This checklist is designed to help commissioners work through the range of


issues they need to consider when they are faced with an over supply of
services or where the support that is available is not suitable for the current
demand.

Commissioners need to take account of the following steps when considering


the de-commissioning of any service.

It is split into four sections

Preparing a service for decommissioning


Informing the market and understanding the response
Financial impact
Other Factors: quality, performance, value for money, future
demand

De-commissioning activity should be inline with the broader commissioning


context so that plans do not come as a shock to the various stakeholders. It is
important that appropriate project support and risk management plans are in
place to support the management of decommissioning activity link to
programme office and risk management

Preparing a service for decommissioning


No. Question Commentary Why is this important?
1 Have you mapped When you are considering
commissioned decommissioning as part of
services against shaping the local market and
commissioning creating a change in emphasis
plans? such as to an outcomes based
approach it is vital that your plans
are developed in a methodical and
rational way. A mapping exercise
early on, which analyses the
nature and scope of supply,
together with demographic and
demand information, provides the
foundation for everything else that
follows.
2 Have you selected The selection of services for
the services to be review will be the next stage on
reviewed against from the mapping process.
the above plans?
3 Have you decided in The focus is not so much in the
what way services service design but on the
/support needs to outcomes that you wish to see
change? resulting from the delivered service
and the quality standard that will
apply to the process of service
delivery.
4 Have you developed Public sector services are open to
criteria against which challenge in terms of the
to review services? processes they engage in and the
basis upon which they make
decisions. All stages of the
. processes described in this
document should be recorded with
care taken to ensure that the basis
for any decisions can be clearly
justified.
5 Have you reviewed
services against
criteria?
6 Does the service still
fit with the strategic
direction of LA
activities?
7 Is the service fit for
purpose?
8 In what way does
the contracted
service
not fit with what is
now required?
9 Have you decided Documentation, including how,
which services who was involved and where
should cease and decisions are made and the
documented the basis for them, is vital, as there
reasons for this? may be legal challenges by
provider organisations at a later
stage in the process.
10 Have you sought It is important to review the
advice from the contract and determine whether
Contracts and there are any legal reasons why it
procurement team cannot be terminated.
regarding the Is there flexibility within the
contractual contract to change services?
arrangements?
11 If a service is not at The objective of this is to see if the
or near the end of provider is prepared to reshape the
the contract period, service to deliver the required
have you entered outcomes to the quality standards
into discussions specified underpinned by a
with the provider? renewed service specification (by
mutual agreement).
12 If a service is at The service specification should be
or near the end of outcomes - based and should
the contract period include quality standards for the
have you prepared service delivery process.
a new service
specification ready
for re-tendering?
13 Which services Services that are of the right
could be retained if quality may be capable with
they changed support of changing to fit new
sufficiently and market requirements. However, if
which will have to persistently poor performance or
definitely close? compliance with contract
requirements is an issue then you
may not want that service to be a
local provider.

Informing the market and understanding the response


You need to understand how the market will respond to your plans. You
should gain this understanding prior to putting plans into action since this will
affect how you proceed. The very process of engagement can smooth the
way for subsequent implementation
.
No Question Commentary Why is this important
1 Have you notified Engaging with affected providers
affected providers throughout the process is not only
and offered to meet good practice may mitigate a legal
to explain the challenge to the process and
rationale and decisions at a later stage.
process?
2 Have you analysed Following your meeting (or other
the outcome of any form of communication) with the
such meetings? provider you should be able to
answer and document the following
what is their response?
do they want to keep strictly to
the terms of the contract?
is there any indication of their
willingness to agree to a
variation in the contractual
terms?
3 Have the providers If not then they may not be able to
in question understand the change in policy,
attended any direction and the context for service
workshops that you delivery. Analyse this and if
have run on necessary provide and
personalisation / communicate relevant information.
PPF / self-directed
support / outcomes
bases services?
4 Having gone It will be important to take stock at
through these regular intervals through the
stages, what is process and to analyse and adjust
your assessment of plans according to the responses
the providers and attitudes of provider(s). The
attitude and the objective should always be to reach
chances of a negotiated position.
reaching a
negotiated
solution?
5 Is the provider If no negotiated solution can be
inflexible? found and the provider intends to
stick strictly to the terms of the
contract, and the contract does not
provide any of the flexibility
required to achieve services of the
required nature, then a risk
assessment and impact analysis
should be undertaken.
6 Do you need to This should include:
undertaking a risk a cost/benefit analysis
assessment and Impact of decommissioning the
impact analysis? service - effect on service
users, provider organisation
and on your ability to deliver
services.
7 What is the advice The LAs legal department should
of your legal be involved in the process.
department?

Financial Impact
There are likely to be costs associated with decommissioning and these
need to be calculated.

No Question Commentary Why is this important?


1 What will be the This needs to be considered in
cost of terms of the potential cost (e.g.
decommissioning a breaching or buying out a contract)
service? if the consequences of continuing
with the existing contract is limiting
or risky in terms of performance or
service quality.
.
2 What will the cost Against this needs to be set the
be of not adverse effect on performance
decommissioning judgement if the LA is not making
the service? progress with key national
policy initiatives, or is not taking
incisive action over services that
can be considered of an adequate
quality but may be of a poor or
outdated service model.
3. If a provider is This may help a provider to
completely reconsider their stance and enter in
inflexible have you to discussion and negotiation to
considered working find common ground and agreed
and discussing this solutions.
with other LA's who
do business with
them?

Other Factors: quality, performance, value for money, future demand


No Question Commentary Why is this important?
1 What is the quality Is service quality good or
of the service? acceptable? Is there a risk that if
the contract is changed then it
might deteriorate? It is important to
pay particular attention to process
quality (i.e. the service user
experience of
receiving the service)
2 How effective is the Although the service may not at this
service, particularly point be delivering the outcomes
in terms of required you need to apply your
outcomes? Or has analytical skills to evaluate whether
the service got the service, if
the potential and changed, has the potential to be
adaptability to be effective.
effective in terms of
outcomes?
3 Is performance, If this is the case it will bode well for
against agreed future delivery and effectiveness of
measurables, services, taken together with other
meeting the factors that will be looked at as part
requirements of, of any decommissioning / re-
and standards set commissioning / re-tendering
out in, the service process.
specification.
4 Is the demand for If there is no longer the demand for
the service the service, or if the block
commensurate with purchasing of services need to be
the services that reduced within the contract period
the LA is committed due to the development and
to paying for implementation of the
(particularly if personalisation agenda, then
thisis locked into a consider whether there is scope for
block contract)? negotiating with the provider on this
point.
5 Do you need to Has the provider unilaterally
terminate the changed any elements of the
contract? service, withdrawn service
Have you sought or failed to provide services that it
advice from legal is contractually bound to do to any
and contract significant or substantial degree?
services? If any of these apply then they can
be used as leverage to either
ensure compliance or to get the
provider to become more flexible
and responsive to change
contractual requirements.
6 Where you This is vital to effect a smooth
terminate a transfer and to minimise the impact
contract: on service users and staff.
Are you able to
develop
decommissioning /
transfer / transition
plans in conjunction
with the provider?
7 Have you got a It is important to communicate well
communication in advance with service users and
plan? the press / media, as well as other
stakeholders.

.
8 Have you briefed It is important to brief anybody
elected members within the governance structure,
and other key other stakeholders who might be
stakeholders? affected, or where there might be
Who else should an impact on other services (e.g.
you inform or the PCT).
consult with?
- Link to
stakeholder
engagement
section
9 Have you This should be managed by a
developed a programme/project management
decommissioning / approach:-
transition / transfer Link to decommissioning / transition
plan? / transfer plan

10 Have you Your contracts may


considered future need to be revised to be more
contracts to ensure flexible and include scope for
that they do not periodically revising the service
constrain you specification. Legal advice should
unduly? be sought and examples sought
from other LAs.

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