Buying Solutions - health and assurance

Health and Assurance

Where employment businesses (as defined by The Code of Conduct for Employment Agencies and Employment Business Regulations 2003, as amended) are used by Authorities to provide them with temporary work-seekers (or ‘Worker’), pre-placement employment checking is a shared responsibility.

Irrespective of whatever duties the particular Authority places on their chosen provider, the final responsibility for safe working practices lies with the Authority to ensure that they have checked the relevant information on the individual Worker supplied or are convinced through their own audit and monitoring that their chosen provider has reliably done so on their behalf.

To assist Authorities’ in safeguarding their quality of services, manage governance and reduce the overall risk to patients, other staff and the public, Government Procurement Service - as part of each of its Resource Solutions – Health Framework Agreements – is committed to:

helping improve both the efficiency and reliability of the appointed Suppliers; and
assuring Supplier performance against Framework Agreement requirements via a programme of risk based inspections and regular performance monitoring.

Throughout the duration of the relevant Framework Agreement, Government Procurement Service:

i. require all Suppliers, upon request from the Authority, to accurately and fully complete a Worker Placement Checklist (available from the relevant Framework Agreement information website section), or any other Good Industry Practice form agreed with the Authority, for appropriate submission to the Authority to confirm, and also provide additional supporting demonstrable evidence to validate, that all of the relevant pre-placement employment checks required in respect of the individual Worker supplied have been reliably done so on their behalf; and

ii. require all Suppliers, as part of their Quality Assurance system/operational policies and procedures, to regularly undertake self-inspections of the Supply Contracts entered into with Authorities pursuant to the relevant Framework Agreement and certify/declare quarterly that having inspected a random sample of these Supply Contracts, they have all been, and shall continue to be, performed in accordance with the relevant Terms and Conditions of Contract; and

iii. require all Suppliers to provide evidence of their ongoing adherence to the relevant Framework Agreement’s Professional indemnity, Employer’s liability and Public liability insurances; and

iv. on a random basis, inspect the Supplier’s premises and working practices to monitor and assess their performance of the provision of the Services in accordance with the relevant Terms and Conditions of Contract. These inspections, supported by detailed exception reporting to the inspected Supplier, includes, but not limited to, the review of:

the recruitment policies and procedures operated by that Supplier and a random sample of individual Worker files selected from those previously, currently and/or are booked to be supplied in the provision of the Services to Authorities under the relevant Framework Agreement.

NHS Employment Check Standards

the findings of all, or any, of the self-inspections conducted by the Supplier as part of its Quality assurance system operational policies and procedures;
the Supplier’s accuracy and appropriate charging of Authorities making purchases under the relevant Framework Agreement; and
the accuracy, completeness and timeliness of the Framework Agency’s invoiced sales management information returns to Government Procurement Service.

Limitations to the Health assurance process

It is important to note that in relation to the Health assurance process, the assessment of whether the Supplier remains appointed the relevant Government Procurement Service Framework Agreement is based upon the information reviewed by the Health assurance team during the inspection visit.

The inspection is therefore not a guarantee that all aspects of the Supplier’s systems and recruitment policies and procedures are adequate and effective and should not be relied upon to disclose all weaknesses or identify all instances of non-compliance with the requirements of the relevant Framework Agreements. Likewise, the assessment of the Supplier is at the date of the report. Historic evaluation of effectiveness or compliance is not relevant to future periods.

Similarly, Health assurance work is designed to give a reasonable expectation of detecting significant process weaknesses and/or non-compliance. However, Health assurance procedures alone, even when carried out with due professional care, do not guarantee the detection of all errors and irregularities. Authorities can only therefore be provided with reasonable, not absolute, assurance that the Suppliers currently appointed the relevant Government Procurement Service Framework Agreement meet the relevant requirements. Where provided, such assurance is either based upon:

the findings of an inspection conducted by the Health assurance team; or
the Supplier’s ongoing quality assurance system declaration confirming that the Supply Contracts entered into with Authorities have been, and shall continue to be, supplied in accordance with the relevant Terms and Conditions of Contract

The likelihood of ongoing consistent achievement of the relevant Terms and Conditions of Contract is affected by limitations inherent in all control systems. These include poor judgement in decision making, human error, deliberate circumvention of control processes by employees, management override of controls and/or unforeseeable circumstances occurring.

To therefore assist Authorities in mitigating against these limitations and gain current and/or future levels of assurance that the Supplier performs the provision of the Services in accordance with the relevant Terms and Conditions of Contract, a copy of the Worker Placement Checklist, or any other agreed Good Industry Practice form, relevant to the type of Worker being supplied should be obtained.

Should the healthcare organisation choose not to use the relevant Agency Worker Placement Checklist, or any other agreed Good Industry Practice form, then another method for gaining current and future level of assurance should be sought.

Outcome of heath assurance process

Should it be determined following the inspections conducted that any Supplier has either previously and/or is currently performing the provision of the Services in material breach of the relevant Terms and Conditions of Contract or nil assurance can be provided that the Supplier’s systems and recruitment practices are fit for purpose to meet the relevant Framework Agreement requirements, then this may result in their immediate suspension (in part or in full) or termination, from that agreement. Where this may be the case:

any directly affected Authorities shall be contacted separately;
an update shall be posted on the relevant Framework Agreement and Health assurance latest news section; and
any Government Procurement Service publicised lists of appointed Suppliers for that relevant Framework Agreement shall be updated to reflect that Supplier’s change in ability to supply status; and
Suppliers will be requested to remove, as appropriate, their appointed Supplier status from all, or any, publicised marketing materials.

Concerns about a Supplier’s performance of the provision of the Services

Should an Authority have concerns regarding the performance of the provision of the Services by any of the appointed Suppliers or would like to receive further details about a Supplier’s inspected performance under that relevant Framework Agreement, please contact the Customer Services desk on 0345 410 2222 or email healthassurancefeedback@buyingsolutions.gsi.gov.uk

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