Procurement Act’s impact on delegating healthcare activities in UK Social Care

In this briefing note, we look at how the new Procurement Act 2023 aligns and interacts with the new Adult Social Care Workforce Strategy and the Delegated Healthcare Activities Guiding Principles.

What do social care employers need to know to ensure they are aware of the likely impact on their future workforce planning and business strategy?

Whilst the following is very much inference based and some of the granular details are yet to emerge, we can gain a useful understanding of the likely direction of travel.

Flexibility in procurement

• The Procurement Act, specifically through “light touch contracts,” introduces flexibility in procuring social care services, acknowledging their personalised nature.
• This flexibility could extend to structuring contracts to accommodate provisions for delegated healthcare activities, including responsibilities, training needs, and funding pathways.

User choice and person-centred care

• The Act emphasises user choice in social care service procurement. It allows direct awarding of contracts to providers chosen by the service user or their carer, aligning with the Care Act 2014’s mandate to consider individual preferences.
• This focus on user choice strengthens person-centred care, a core principle in the Delegated Healthcare Activities Guiding Principles. By allowing service users to select providers comfortable with delegated healthcare activities, the Act indirectly supports the integration of such tasks into care plans.

Supporting workforce development

• The ASC Workforce Strategy stresses attracting and retaining skilled care workers capable of delivering delegated healthcare activities.
• While not explicitly stated, the Procurement Act’s flexibility could enable contracts to factor in workforce development needs. For instance, contracts could include provisions for funding training and supervision related to delegated healthcare activities, contributing to a more competent workforce.

Integrated system approach

• Both the ASC Workforce Strategy and the Procurement Act promote an integrated approach to health and social care.
• The Act allows consideration of factors like provider proximity to service users in awarding contracts. This can enhance care continuity and potentially reduce travel burdens on care workers, aligning with the workforce strategy’s goals of improving working conditions and retention.
• “Light touch contracts” could further support integration by facilitating collaborative agreements between health and social care providers. This could include clear delineations of responsibilities, funding flows, and mechanisms for monitoring delegated healthcare activities.

Example: Domiciliary care contract with delegated activities

Consider a hypothetical scenario where a local authority uses a “light touch contract” to commission domiciliary care services that include delegated healthcare activities:

• User Choice: The service user, wanting delegated insulin administration, selects a provider with trained staff and a robust framework for such activities.
• Contractual Provisions: The contract explicitly outlines:
• Responsibilities: Defining roles of the delegating healthcare professional, the provider, and the care worker.
• Training and Competency: Mandating specific training and competency verification for care workers undertaking insulin administration.
• Funding: Specifying how the costs associated with the delegated healthcare activity are allocated between the local authority and the NHS.
• Monitoring and Review: Establishing mechanisms for ongoing supervision by the delegating healthcare professional and for reporting any issues to the local authority.

Conclusion

While the sources don’t offer a detailed analysis of the Procurement Act’s impact on healthcare activity delegation, the flexibility and focus on user choice in “light touch contracts” can indirectly support the integration of such activities into social care service delivery. When combined with the principles outlined in the ASC Workforce Strategy and the Delegated Healthcare Activities Guiding Principles, these contracts can contribute to a more integrated, person-centred, and sustainable social care sector in the UK.

Listen to our AI generated podcast discussing the document