North Yorkshire Council
Executive Members
9 December 2025
Procurement of Inclusion Service
Report of the Corporate Director Peter Thorpe
1.0 PURPOSE OF REPORT
1.1 To request approval from the Executive Member for Children and Families to procure an inclusion services framework which can be used to meet the needs of children and young people with special educational needs.
2.0 BACKGROUND
2.1 Across Inclusion there are many occasions where the commissioning of specific provision is required. This involves multiple teams and presents challenges for service delivery, satisfying the duties placed upon the council in terms of Children and Families Act and Procurement legislation as well as managing contracts and risks.
2.2 Currently there is no framework in place for the wide range of services that North Yorkshire Council procure for children and young people with SEND.
2.3 The procurement framework will support aspects of the HNB Transformation Programme. This will include how Education Other Than at School packages are commissioned and enable a compliant route to market where duties to provide alternative education exists.
3.0 ISSUE
3.1 North Yorkshire Council currently commission a wide range of services to support young people with additional needs outside of school-based provision. These service providers are currently consulted on an ad hoc basis when their services are required. Creating a framework will formalise the process to support consistent service delivery and satisfy legal duties. It would set clear expectations to ensure efficient support for the needs of children and young people in their local community and in turn seek to deliver best value. It would also streamline processes for the Contracting and Commissioning Team.
3.2 The new framework will contain six lots (Appendix A), these were tested within the market and received positive feedback from all providers. They are also similar to other local authority frameworks. There will be no cap on the number of providers on each lot and providers can apply for as many lots as they see fit. To ensure the suitability of providers there will be a quality assurance process to evaluate the providers. The framework will be opened once a term following the initial exercise to support new providers joining.
3.3 There is currently a comprehensive quality assurance process in place for external providers, this will continue on an annual basis. The current QA process has been reviewed against new, currently voluntary, National Standards released by the DfE.
3.4 The framework will also increase the focus on reintegration, ensuring that all providers have a full plan for the work to be completed to aim for the reintegration of the child or young person.
4.0 CONSULTATION UNDERTAKEN AND RESPONSES
4.1 The consultation was started via the request for information (RFI) issued on 18 July 2025, requesting responses by 15 August 2025. This was to gather market intelligence and assess supplier interest in delivering a range of alternative education services. The RFI covered six distinct lots, including in-person and online education, therapeutic interventions, enrichment activities, and post-16 provision. The responses informed the development of the tender specification.
4.2 Suppliers were asked to respond to questions regarding their interest, service scope, KPIs, insurance and support needs. A discovery day was proposed to further engage the market.
4.3 Twenty-eight providers responded to the RFI, consisting of 20 Alternative Provisions, 2 agencies, 2 Occupational Therapists and 4 others.
4.4 The RFI highlighted several suggestions from providers regarding lots, including work experience, post-16 pathways, Preparation for Adulthood (PfA), assessment placements, and mentoring provision. Additional improvements were suggested around quality assurance (QA) guidance, a clearer and faster referral process, transparent funding and payment structures, more timely access to EHCPs, and improved communication through a single point of contact (SPOC). Feedback on key performance indicators (KPIs) that should be used included attendance, EHCP outcomes and academic targets, safeguarding, reintegration and the voice and engagement of children, young people, and parents/carers.
4.5 A discovery day was arranged to seek further insight from providers around what works and what challenges might be anticipated. The information received was used to support formalising the procurement process and the level of support which is put in place for providers.
4.6 Providers identified several areas where additional support would be beneficial to ensure a smooth and effective tendering process. This included help navigating the YORtender system, particularly for those unfamiliar with its requirements. Clarification around legal and compliance terms was also requested. Financial modelling support was highlighted as a key need, especially in relation to pricing structures and sustainability.
5.0 CONTRIBUTION TO COUNCIL PRIORITIES
5.1 The framework contributes to the Council’s priorities under the Local Area SEND Strategy, particularly 3 and 5, Improving outcomes of young people with SEND and achieving best value. It also contributes to the SEND provision strand of the SEND Transformation Programme.
5.2 The framework will allow the service to be more responsive to emerging needs and swifter in providing support which may prevent escalation.
6.0 ALTERNATIVE OPTIONS CONSIDERED
6.1 Alternate options include not procuring the service, this will mean continuing with the current commissioning process. This is not recommended due to this not meeting the needs of the service.
6.2 A full procurement to implement a framework is the preferred option following the RFI and discovery day insights.
7.0 IMPACT ON OTHER SERVICES/ORGANISATIONS
7.1 These changes will have a positive impact on other internal services. The current contracts and commissioning process are time consuming and do not always encourage internal joined up working. This framework would create a clear pathway for all services across Inclusion.
7.2 The term considered for the framework, initially four years plus potential extensions of two plus two years, will ensure that once it is in place services will be able to focus on the commissioning of appropriate providers which are known to us and have met the compliance and quality standards required.
8.0 FINANCIAL IMPLICATIONS
8.1 It is forecast that spend for the current financial year will be c.£2.4m representing a significant increase compared to last year’s expenditure of £1.4m. This rise is largely attributed to the growing demand and complexity of Education Other Than at School (EOTAS) and Post-16 provisions. Additional costs are incurred through the council providing therapies and other specialist services.
8.2 There is an expectation that the framework will allow for competitive bidding within each lot and support clear contract management processes. There may also be the potential for volume discounts with providers.
9.0 LEGAL IMPLICATIONS
9.1 The tender process will be in accordance with the Council’s Procurement and Contract Procedure Rules and the Public Contracts Regulations 2015 or the Procurement Act 2023 with support from the central procurement team.
9.2 This is a key decision and will be added to the forward plan in November 2025.
9.3 The proposed framework supports statutory duties under the Children and Families Act 2014 and the SEND Code of Practice: 0 to 25 years, including:
- Promoting inclusive education
- Supporting preparation for adulthood
- Ensuring collaboration across education, health, and social
care
- Providing high-quality provision tailored to individual
needs
10.0 EQUALITIES IMPLICATIONS
10.1 An Equalities Impact Assessment (EIA) has been carried out to consider the impact of this review and this can be found at Appendix B. There are no concerns raised by the EIA.
10.2 The Equalities duty is ongoing and will be reviewed throughout the planning, review, and procurement stages as well as prior to the award of any contracts.
11.0 CLIMATE CHANGE IMPLICATIONS
11.1 A Climate Change Impact Assessment (CCIA) has been carried out to consider the impact of this review and this can be found at Appendix C. No implications were identified.
11.2 This will be reviewed throughout the planning, review and procurement stages as well as prior to the award of any contacts.
11.3 The Council Plan encourages sustainable and connected places. The framework’s requirement for local provision (within NYC travel policy) supports reduced travel distances, contributing to lower emissions and a more environmentally responsible service delivery.
12.0 PERFORMANCE IMPLICATIONS
12.1 SMART Key Performance Indicators (KPIs) are in development based on the supplier feedback via the RFI and the discovery day, to monitor service quality and outcomes.
12.2 The contract will include clear KPIs to ensure that providers are meeting the requirements and expectations of North Yorkshire Council.
13.0 POLICY IMPLICATIONS
13.1 There are no other policy implications.
14.0 RISK MANAGEMENT IMPLICATIONS
14.1 Risks include provider capacity, safeguarding and service quality. Mitigations will be built into the tender specification and quality assurance processes.
15.0 SUGGESTED TIMELINE
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Activity |
Date |
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RFI |
18 July – 15 August 2025 |
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Discovery Day |
10 October 2025 |
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IMT |
10 November 2025 |
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CYPLT |
20 November 2025 |
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PAB |
27 November 2025 |
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Key Decision |
9 December 2025 |
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Tender Issued |
26 March – 7 May 2026 |
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Contract Award Date |
31 July 2026 |
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Contract Start |
1 September 2026 |
16.0 REASONS FOR RECOMMENDATIONS
16.1 To ensure high-quality, inclusive education provision for vulnerable learners across North Yorkshire.
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17.0 |
RECOMMENDATION
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It is recommended that it is agreed for officers to proceed with the procurement exercise and establish a provider framework that supports Inclusion Services.
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APPENDICES:
Appendix A – Suggested Lots
Appendix B – Equality Impact Assessment (EIA)
Appendix C – Climate Change Impact Assessment
Appendix D – DPIA screening
Peter Thorpe
Corporate Director – CYPS
County Hall
Northallerton
01 December 2025
Report Author – Wendy Butterfield
Presenter of Report – Chris Reynolds
Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.
Appendix A – Suggested Lots
LOT 1: Primary In-person Education
- Primary (KS1 and KS2) – This Alternative Provision (Education) Service must offer face-to-face tuition in a 1:1, 2:1, or small group setting. The education will focus on achieving KS1 and KS2 outcomes based on National Curriculum subjects, ensuring children and young people are prepared for successful re-integration into formal education.
LOT 2: Secondary In-person Education
- Secondary (KS3 and KS4) – This Alternative Provision (Education) Service must provide face-to-face tuition in a 1:1, 2:1, or small group setting. The education will focus on achieving KS3 and KS4 outcomes based on National Curriculum subjects, ensuring young people are ready for successful re-integration into formal education.
LOT 3: Online Education
- Primary or Secondary Provision – This includes 1:1 or small group settings, encompassing both accredited and unaccredited online schools. Sessions will focus on achieving relevant Key Stage outcomes based on National Curriculum subjects, ensuring young people are prepared for successful re-integration into education.
LOT 4: Therapeutic Interventions
- Primary or Secondary Provision – This includes 1:1 or small group settings, offering therapeutic sessions such as Speech and Language Therapy (SaLT), Occupational Therapy, Art Therapy, Play Therapy, and Equine Therapy. These sessions will focus on ensuring children and young people are ready for successful re-integration into education.
LOT 5: Alternative and Enrichment Activities
- Primary or Secondary Provision – This includes 1:1 or small group settings, providing enrichment activities such as Forest School, Mechanic Skills, and Music Skills. These sessions aim to enhance the child or young person's experience and build resilience, ensuring they are ready for successful re-integration into education.
LOT 6: Post-16 Provisions
- Post-16 Provision – This includes 1:1 or small group settings, providing face-to-face or online tuition with an education focus, therapeutic sessions or enrichment. These sessions aim to enhance the child or young person's experience and build resilience, ensuring they are ready for successful re-integration into education.
Appendix B
Equality impact assessment (EIA) form: evidencing paying due regard to protected characteristics
Procurement of Inclusion Services
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If you would like this information in another language or format such as Braille, large print or audio, please contact the Communications Unit on 01609 53 2013 or email communications@northyorks.gov.uk.
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Equality Impact Assessments (EIAs) are public documents. EIAs accompanying reports going to County Councillors for decisions are published with the committee papers on our website and are available in hard copy at the relevant meeting. To help people to find completed EIAs we also publish them in the Equality and Diversity section of our website. This will help people to see for themselves how we have paid due regard in order to meet statutory requirements.
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Name of Directorate and Service Area |
CYPS - Inclusion
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Lead Officer and contact details |
Chris Reynolds, Head of SEND Provision and Resources
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Names and roles of other people involved in carrying out the EIA |
Wendy Butterfield, Lead SEND Development Officer
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How will you pay due regard? e.g. working group, individual officer |
Request for Information (Aug 25) and Discovery Day (Oct 25)
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When did the due regard process start? |
July 2025
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Section 1. Please describe briefly what this EIA is about. (e.g. are you starting a new service, changing how you do something, stopping doing something?)
This EIA considers the implications of the procurement framework for Inclusion Services for North Yorkshire Council.
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Section 2. Why is this being proposed? What are the aims? What does the authority hope to achieve by it? (e.g. to save money, meet increased demand, do things in a better way.)
The purpose of the procurement is to create a framework containing all inclusion services commissioned by North Yorkshire Council.
This will ensure the process is compliant.
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Section 3. What will change? What will be different for customers and/or staff?
There will be improved services for both providers and staff as this will streamline the process and ensure clarity and clear expectations.
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Section 4. Involvement and consultation (What involvement and consultation has been done regarding the proposal and what are the results? What consultation will be needed and how will it be done?)
Request for information sent out in July 2025, positive feedback received from providers.
Discovery Day took place on 10 October 2025, feedback from providers gathered.
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Section 5. What impact will this proposal have on council budgets? Will it be cost neutral, have increased cost or reduce costs?
It is expected that their will be a reduction to the costs of inclusion services following the implementation of the framework.
This is due to agreed terms and conditions and clear contract management.
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Section 6. How will this proposal affect people with protected characteristics? |
No impact |
Make things better |
Make things worse |
Why will it have this effect? Provide evidence from engagement, consultation and/or service user data or demographic information etc. |
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Age |
X |
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It is anticipated there would be no identifiable impact on SEND pupils due to their age. |
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Disability |
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X |
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There will be increased opportunities for those with a disability in their local area |
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Sex |
X |
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It is anticipated there would be no identifiable impact on SEND pupils due to their sex. |
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Race |
X |
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It is anticipated there would be no identifiable impact on SEND pupils due to their race |
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Gender reassignment |
X |
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It is anticipated there would be no identifiable impact on SEND pupils due to their gender reassignment |
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Sexual orientation |
X |
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It is anticipated there would be no identifiable impact on SEND pupils due to their sexual orientation |
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Religion or belief |
X |
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It is anticipated there would be no identifiable impact on SEND pupils due to their religion or belief |
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Pregnancy or maternity |
X |
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It is anticipated there would be no identifiable impact on SEND pupils due to their pregnancy or maternity |
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Marriage or civil partnership |
X |
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It is anticipated there would be no identifiable impact on SEND pupils due to their marriage or civil partnership |
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Section 7. How will this proposal affect people who… |
No impact |
Make things better |
Make things worse |
Why will it have this effect? Provide evidence from engagement, consultation and/or service user data or demographic information etc. |
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..live in a rural area? |
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X |
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There will be increased opportunities for those who live in rural areas |
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…have a low income? |
X |
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It is anticipated there would be no identifiable impact on people due to low income |
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…are carers (unpaid family or friend)? |
X |
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It is anticipated there would be no identifiable impact on people due to being carers |
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….. are from the Armed Forces Community |
X |
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It is anticipated there would be no identifiable impact on people due to being from the armed forces community |
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Section 8. Geographic impact – Please detail where the impact will be (please tick all that apply) |
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North Yorkshire wide |
X
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Craven |
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Hambleton |
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Harrogate |
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Richmondshire
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Ryedale |
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Scarborough |
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Selby |
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If you have ticked one or more areas, will specific town(s)/village(s) be particularly impacted? If so, please specify below. |
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Section 9. Will the proposal affect anyone more because of a combination of protected characteristics? (e.g. older women or young gay men) State what you think the effect may be and why, providing evidence from engagement, consultation and/or service user data or demographic information etc.
Positive impact for those with protected characteristics.
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Section 10. Next steps to address the anticipated impact. Select one of the following options and explain why this has been chosen. (Remember: we have an anticipatory duty to make reasonable adjustments so that disabled people can access services and work for us) |
Tick option chosen |
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1. No adverse impact - no major change needed to the proposal. There is no potential for discrimination or adverse impact identified. |
X |
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2. Adverse impact - adjust the proposal - The EIA identifies potential problems or missed opportunities. We will change our proposal to reduce or remove these adverse impacts, or we will achieve our aim in another way which will not make things worse for people. |
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3. Adverse impact - continue the proposal - The EIA identifies potential problems or missed opportunities. We cannot change our proposal to reduce or remove these adverse impacts, nor can we achieve our aim in another way which will not make things worse for people. (There must be compelling reasons for continuing with proposals which will have the most adverse impacts. Get advice from Legal Services) |
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4. Actual or potential unlawful discrimination - stop and remove the proposal – The EIA identifies actual or potential unlawful discrimination. It must be stopped. |
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Explanation of why option has been chosen. (Include any advice given by Legal Services.)
Where there will be an impact it will be a positive one.
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Section 11. If the proposal is to be implemented how will you find out how it is really affecting people? (How will you monitor and review the changes?)
There will be monitoring built into the framework. This will include specific KPIs, contract management and annual quality assurance.
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Section 12. Action plan. List any actions you need to take which have been identified in this EIA, including post implementation review to find out how the outcomes have been achieved in practice and what impacts there have actually been on people with protected characteristics. |
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Action |
Lead |
By when |
Progress |
Monitoring arrangements |
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Contract management
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Contracts and commissioning team |
Annually |
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Quality assurance
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QA team |
Annually |
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KPI updates
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Contracts and commissioning team |
Termly |
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Section 13. Summary Summarise the findings of your EIA, including impacts, recommendation in relation to addressing impacts, including any legal advice, and next steps. This summary should be used as part of the report to the decision maker.
The new procurement framework for inclusion services will have a positive impact on the children, young people and adults across North Yorkshire.
It will ensure that the young people are getting the right support at the right time in their local area.
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Section 14. Sign off section
This full EIA was completed by:
Name: Wendy Butterfield Job title: Lead SEND Development Officer Directorate: CYPS - Inclusion Signature: W Butterfield
Completion date: 21.10.25
Authorised by relevant Assistant Director (signature): A Fielding
Date: 1.12.25
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