Key information
Executive summary
This decision seeks approval and funding for the procurement of an Electronic Medical Records System (E.M.R.S) and request for funding the upgrade of the N3 –HSCN broadband required for the access of (SCR) NHS Summary Care Record access. This includes all training and roll out of the system to 31 custody suites, across the MPS estate.
The police have a duty to ensure appropriate healthcare provision in their custody suites as this is enshrined in law and national guidance. It will always be a requirement for a safe and effective custody provision.
Recommendation
The Deputy Mayor for Policing and Crime is recommended to:
1. Approve the initiation and award of E.M.R.S via direct award process on the NHS SBS framework to NELCSU for £700K for a three year plus one year plus one year optional extensions (3 Years + 1 Year + 1 Year)
2. Approve funding for E.M.R.S for £1.2m which is funded from reserves and Met Detention’s budget as agreed as part of the Custody TOM FBC in May 2019
Note the following decisions under delegated authority:
1. Use of underspend in Year 1 (20/21) of £93K to be rolled forward to fund the budget gap in 2021/22-23/24. The £50K pressure in 2023/24 and 24/25 can be managed within Met Detention’s existing budgets.
2. For the award of the N3- HSCN broadband upgrade, the MPS will pay contribution to NHS England £320K for a three year plus one year plus one year optional extensions (3 Years + 1 Year + 1 Year) i.e. £60K per annum which will be funded from staff vacancies in 20/21 and as part of existing budgets for 21/22 onwards.
Non-confidential facts and advice to the Deputy Mayor for Policing and Crime (DMPC)
1. Introduction and background
1.1. In January 2016, the NHS reviewed the current MPS custody health model (As Is), which highlighted potential improvements, particularly in clinical governance, audit and supervision. With the new Nursing model agreed in the Target Operating Model, implementing an effective Electronic Medical Records system will mitigate risk and provide a safer healthcare provision in Police Custody.
1.2. As part of the transfer of legal and financial responsibility of Police Custody healthcare to the National Health Service. NHS England undertook a programme of work to modernise the IT infrastructure within Police Custody. This project was to include the procurement of a new Electronic Medical Record System (E.M.R.S) to replace the current system used by Police Nurses. This system was called (CHAPS). The legal transfer never took place leaving the MPS without an E.M.R.S.
1.3. It is imperative in a modern healthcare setting that all healthcare records should be recorded and shared electronically. Some of the advantages are obvious and include legibility, the ability to search electronically and view remotely and the ability to share across different platforms including London Police forces, Courts and Prisons.
1.4. Procurement of the E.M.R.S and the joint funding of the N3-HSCN line will enable the MPS to share vital detainee medical data across all MPS suites and the Health and Justice London platform.
2. Issues for consideration
2.1. The introduction of an E.M.R.S software will assist in better-integrated care throughout the criminal justice system, future proofing the ability to share health information with other criminal justice agencies, thus enhancing support to the most vulnerable and potentially reducing future re-offending.
2.2. The MPS and NHS England will share costs, as Liaison & Diversion Mental Health services will use the line in custody. Currently L&D (Liaison & Diversion) MH services funded by NHS London use the N3 line in Police Custody (Soon to be upgraded. This will improve Mental Health services in custody enhancing support to the most vulnerable and potentially reducing future re-offending.
2.3. This is a key component of the transformation of Custody in the MPS and will provide greater confidence about the standard of healthcare provided in Custody.
3. Financial and Commercial Comments
3.1. The MPS carried out a number of clarification sessions on the proposals submitted by NELCSU. The clarification sessions with NELCSU reduced the costings from £1.02m to £700k over five years.
3.2. The procurement strategy was to identify potential suppliers within the market place who were able to provide a suitable E.M.R.S service. Gartner was engaged to identify prospective suppliers. The MPS carried out a series of pre-market engagement exercises to ensure that the proposed system fulfilled MPS requirements. Due diligence was then undertaken to ensure suppliers were fit for purpose. Suppliers were also invited to give a demonstration of the service. These sessions were used to inform the statement of requirements. This ensured that the requirements were tailored to business need and that the proposed system is fit for purpose.
3.3. It became clear through the market engagement process that only two suppliers had the potential to support the requirements of the MPS. The responses to the MPS Scope of Requirements was scored technically and commercially and the NELCSU solution scored highest in both categories and is therefore the preferred supplier.
3.4. Following approval, the strategy is to source via the direct award process of NHS SBS Framework, which is a compliant route under PCR 2015.
3.5. Further details are provided in the exempt section of this report.
4. Legal Comments
4.1. The Mayor's Office for Policing Crime is a contracting authority as defined in the Public Contracts Regulations 2015 ("the Regulations"). All awards of public contracts for goods and/or services valued at £189,330 or above will be procured in accordance with the Regulations. This report confirms that the request exceeds the £181,302 threshold and therefore the PCRs are engaged.
4.2. Paragraph 4.8 of the MOPAC Scheme of Delegation and Consent provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to approve business cases for revenue or capital expenditure over £500,000 or above.
4.3. Paragraph 4.13 of the MOPAC Scheme of Delegation and Consent (Scheme) provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to approve all contract exemptions above £100,000 or above.
5. GDPR and Data Privacy
5.1. The MPS is subject to the requirements and conditions placed on it as a 'State' body to comply with the European Convention of Human Rights and the Data Protection Act (DPA) 2018. Both legislative requirements place an obligation on the MPS to process personal data fairly and lawfully in order to safeguard the rights and freedoms of individuals.
5.2. Under Article 35 of the General Data Protection Regulation (GDPR) and Section 57 of the DPA 2018, Data Protection Impact Assessments (DPIA) become mandatory for organisations with technologies and processes that are likely to result in a high risk to the rights of the data subjects.
5.3. The Information Assurance and Information Rights units within MPS have been consulted at all stages to ensure the project meets its compliance requirements.
5.4. The project will use personal identifiable data of members of the public, so there will be current GDPR issues to be considered. The NHS and the MPS have completed a DPIA and are working with NHS Digital to keep this under constant review.
6. Equality Comments
6.1. This business case has undergone initial equality screening. Due regard has been taken to the Equality Act’s Public Sector Equality Duty. Real consideration has been taken to assess equality impact caused by the proposed business changes.
6.2. The implementation of this system will see significant benefits for healthcare in custody. General health issues will be addressed a long with improved Mental Health screening and intervention. Those detainees with complex needs and vulnerabilities will have their health needs more comprehensively assessed and managed by key healthcare workers as a result of this system.
Signed decision document
PCD 836