Committee Report Checklist
Stage 1
Report checklist – responsibility of report owner
|
ITEM |
Yes / No |
Date |
|
Councillor engagement / input from Chair prior to briefing |
yes |
21/4/26 |
|
Relevant Group Head review |
yes |
14/4/26 |
|
MAT+ review (to have been circulated at least 5 working days before Stage 2) |
yes |
14/4/26 |
|
This item is on the Forward Plan for the relevant committee |
yes |
14/4/26 |
|
Reviewed by |
|
|
|
Finance comments (circulate to Finance) |
A.Sood |
14Apr.26 |
|
Risk comments (circulate to Lee O’Neil) |
LO |
27/04/26 |
|
Legal comments (circulate to Legal team) |
LH |
19/04/26 |
|
HR comments (if applicable) |
A.Tooth |
17.4.26 |
For reports with material financial or legal implications the author should engage with the respective teams at the outset and receive input to their reports prior to asking for MO or s151 comments.
Do not forward to stage 2 unless all the above have been completed.
Stage 2
Report checklist – responsibility of report owner
|
ITEM |
Completed by |
Date rec’d |
|
Monitoring Officer commentary – at least 5 working days before MAT |
L Heron |
19/04/26 |
|
S151 Officer commentary – at least 5 working days before MAT |
T.Collier |
17/4/26 |
|
Commissioner engagement |
|
|
|
Delete as applicable: |
No issues |
|
|
08/05/26 |
||
|
Confirm final report cleared by MAT |
MAT |
28/04/26 |
|
Title |
Procurement - Temporary Agency Staff |
|
Purpose of the report |
To make a decision |
|
Report Author |
Jackie Taylor Group Head Neighbourhood Services |
|
Ward(s) Affected |
All Wards |
|
Exempt |
No - Report Yes – exempt Appendix A |
|
Exemption Reason |
Appendix A contains exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to Information) (Variation) Order 2006 Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information) and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in any lease, contract or other type of negotiation with the tenant or developer, who could then know the position of the Council |
|
Corporate Priority |
Community Resilience Environment Services |
|
Recommendations
|
Committee is asked to: · Authorise the Group Head Neighbourhood Services to; o To commence a procurement exercise via an appropriate public sector framework for the provision of temporary agency staff, for an initial period of two (2) years with an option to extend for a further one (1) year, where permitted by the framework agreement o Approve a maximum contract value as detailed within (Exempt) Appendix A, in accordance with the appropriate level of delegation as set out in the Spelthorne Borough Council Constitution o Authorise the Group Head Corporate Governance to enter contracts with the selected supplier. |
|
Reason for Recommendation |
Committee approval is required to enable the Council to procure temporary agency staff through an existing compliant framework, in line with the Council’s Contract Standing Orders. This approach ensures a compliant, efficient, and cost-effective route to market while maintaining service continuity and operational efficiency. |
1. Executive summary of the report (expand detail in Key Issues section below)
|
What is the situation |
Why we want to do something |
|
· Employing temporary staff is a routine operational requirement for Neighbourhood Services (NS) to ensure services are delivered efficiently and meet residents’ expectations. · Neighbourhood Services (NS) does not currently have a formal contract in place with an employment agency for the supply of temporary agency staff. |
· The ongoing and high-value nature of this expenditure requires compliance with the Council’s Contract Standing Orders. · Without a formal contract, there is a risk of non-compliance, lack of cost control, and inconsistency in service provision. |
|
This is what we want to do about it |
These are the next steps |
|
· Access an existing approved procurement framework to appoint supplier(s) for the provision of temporary agency staff in a compliant and efficient manner. |
· Develop a detailed service specification and call-off requirements aligned to the selected framework. · Identify and access an appropriate approved procurement framework that provides temporary agency staffing solutions. · Undertake a framework call-off process (direct award or mini-competition, as required), evaluate supplier responses, and appoint the successful supplier(s). |
2. Key issues
2.1 The services delivered by Neighbourhood Services involve working outdoors in all weather conditions, performing regular manual handling, and managing a range of operational risks. These factors can negatively affect employee attendance, creating challenges for workforce planning and service continuity daily, and highlighting the critical importance of robust health, safety, and staffing arrangements.
2.2 Managing staff absences particularly in operational areas such as waste collection, presents significant challenges. Unplanned absences can disrupt scheduled collections, reduce service efficiency, and place additional pressure on remaining staff, increasing the risk of fatigue and potential safety incidents.
2.3 The physical nature of the work, combined with the need to maintain strict service schedules, makes it difficult to quickly reallocate resources. As a result, the Council is often reliant on temporary or agency staff to maintain service continuity at an increased operational cost.
2.4 While the Council remains committed to supporting the health, wellbeing, and recovery of its employees, these challenges are compounded by employee-focused policies, sick pay arrangements (in line with the National Joint Council for Local Government Services’ pay and conditions), and the requirement to follow formal processes for managing short and long-term absence in compliance with policy and equality legislation.
2.5 Essential procedures, including supportive return to work planning, performance management and, where appropriate, disciplinary processes, can extend decision-making timelines and complicate workforce planning. This places additional pressure on service delivery and management capacity and can increase reliance on higher cost temporary staffing solutions.
2.6 The delivery of Neighbourhood Services is significantly dependent on the use of temporary agency staff to support operational requirements. While this approach provides flexibility and aligns with the Council’s objective of prioritising employment opportunities for residents, it also presents several key challenges.
2.7 These challenges arise from the need to source staff at short notice to meet immediate and short-term operational demands. This includes ensuring that agency staff can become fully operational quickly, while also being appropriately trained and compliant with health and safety requirements prior to undertaking any work-related activities.
2.8 Essential front-line services, including waste collection, street cleansing, and grounds maintenance, are heavily reliant on the availability of temporary workers. Any disruption in agency supply could therefore have a direct and adverse impact on service continuity and overall performance.
2.9 While prioritising local employment is a positive objective, it can restrict the available labour pool. This may impact the speed and efficiency of recruitment processes, particularly for roles requiring immediate deployment.
2.10 The use of agency staff to cover absence in the provision of statutory services provides valuable flexibility within the recruitment process. It enables individuals to assess the suitability of roles prior to committing to permanent employment, while also allowing the Council to evaluate candidates effectively before making long-term appointments.
2.11 The critical nature of statutory operational services requires agency staff to be available from 5:00am on weekday mornings to ensure the timely delivery of essential front-line services. The costs associated with maintaining this level of agency support are detailed in Appendix A (exempt).
2.12 The level of expenditure associated with the use of agency staff is significant and reflects the operational reliance on temporary labour to maintain essential front-line services. This ongoing spend is carefully monitored to ensure value for money, particularly in the context of wider budget pressures facing the Council. Regular review of agency usage, including benchmarking costs and assessing opportunities to reduce reliance through permanent recruitment, remains a key priority.
2.13 Procurement and engagement of agency staff must comply with Spelthorne Borough Council Contract Standing Orders. This includes the use of approved frameworks or contracts, adherence to procurement thresholds, and ensuring appropriate governance, transparency, and auditability in all purchasing decisions.
3. Options appraisal and proposal
3.1 Option 1 (preferred)
3.2 The preferred option is to procure temporary agency staff through an existing compliant procurement framework.
3.3 This approach enables the Council to access pre-approved suppliers who have already undergone a compliant procurement process, ensuring value for money and reducing the time and resources required compared to a full tender exercise.
|
Pros |
|
Cons |
|
Ensures compliance with Contract Standing Orders and procurement regulations |
|
Limited to suppliers available within the selected framework |
|
Faster route to market compared to open tender |
|
Less flexibility than fully bespoke procurement |
|
Access to pre-vetted suppliers with established capability |
|
|
|
Enables improved cost control and benchmarking |
|
|
|
Provides contractual certainty and performance management |
|
|
Option 1 is recommended as it provides a robust, compliant, and transparent approach to managing significant expenditure, while ensuring continuity of critical frontline services. It also reduces risk and strengthens supplier accountability.
In procuring contracts for the supply of agency workers, the Council should ensure that the service specification includes provisions requiring suppliers to demonstrate how they will support the recruitment of a workforce capable of meeting the operational requirements of the contract.
3.4 Option 2 Continue with current ad hoc arrangements (not recommended)
Continue with current ad hoc arrangements whereby we contact all available agencies to engage available agency staff to cover planned, reactive, and ongoing staff absence.
This option maintains flexibility in sourcing agency staff and minimises immediate procurement workload. However, this approach carries on-going pressure and risk due to non-compliance with Contract Standing Orders and limits the Council’s ability to demonstrate that best value is being achieved and weakens supplier accountability.
Reason not
preferred:
This approach does not provide sufficient governance or assurance
over value for money and exposes the Council to financial
risks.
3.5 Option 3 In-house provision (not recommended)
An alternative option could be the creation of an in-house staffing agency, removing the reliance on external employment agencies. This approach would provide greater control over staffing and service delivery, while also offering potential long-term cost savings. However, it is not well suited to short-term or fluctuating staffing demands and would require significant upfront investment, as well as ongoing management and resources. Furthermore, implementation is not currently feasible due to the ongoing Local Government Reorganisation (LGR) in Surrey.
Reason not
preferred:
This option is not preferred because it lacks the necessary
flexibility to meet the operational demands of the services,
particularly in relation to short-notice or variable staffing
requirements and is not feasible in context of LGR.
3.6 Proposal
It is recommended that:
(a) Approval is granted to procure temporary agency staff via an existing compliant procurement framework in accordance with the Council’s Contract Standing Orders.
(b) Authority is delegated to the Group Head of Neighbourhood Services to identify and access the most appropriate framework for this purpose.
(c) Authority is granted to award call-off contracts to the selected supplier(s) through the framework, in line with the Council’s governance requirements.
(d) The Council includes within its call-off specification requirements for suppliers to support the engagement of local labour where possible, in line with its community and employment objectives.
4. Risk implications
4.1 The key risks associated with the proposed approach, along with mitigation measures, are outlined below:
|
Risk Type |
Risk Description |
Mitigation |
|
Strategic Risk |
Failure to procure effectively could impact service delivery. |
Robust procurement processes and clear specifications to ensure suitable suppliers are appointed. |
|
Operational Risk |
No availability of agency staff could disrupt services. |
Contractual requirements for supplier responsiveness and contingency arrangements. |
|
Financial Risk |
Overspending or failure to achieve value for money. |
Competitive tendering, clear pricing structures, and ongoing contract monitoring. |
|
Legal / Compliance Risk |
Non-compliance with Contract Standing Orders or procurement legislation. |
All procurement activity undertaken in line with governance requirements and supported by the Procurement team. |
|
Reputational Risk |
Service failure or perceived poor value for money.
Failure to prioritise the use of residents for agency staffing needs. |
Transparent processes, strong contract management, and performance monitoring. Requirements will be set out within the tender documentation to encourage and support the use of residents where possible. |
5. Financial implications
5.1 Based on current workforce pressures and service requirements, agency staffing is expected to remain necessary during 2026/27.
5.2 Accordingly, provision is proposed for agency staffing expenditure of approximately £645,000 in 2026/27, subject to service demand and the outcome of the proposed procurement exercise.
5.3 Based on the proposed annual expenditure, the estimated total contract value over the full potential term of the arrangement would be approximately £1,935,000. This is based on an initial term of tw0 (2) years, with the option, at the sole discretion of the Council, to extend for a further period of up to one (1) year, subject to satisfactory performance and continued service need.
5.4 Regulating expenditure on agency staff through formal procurement processes will ensure the Council achieves value for money in the purchase of such services. Existing budget availability for areas of spend are detailed in exempt Appendix A, and it is anticipated that expenditure will remain within current approved budget allocations for all services areas.
5.5 The spend for temporary workers during 2025/26 detailed within exempt Appendix A has been carefully managed and has not created an overspend on the collective budgets within Neighbourhood Services.
5.6 The proposed procurement of temporary agency staff is considered appropriate and necessary despite the current intervention context, including the requirements of Local Government Act 1999 Section 24 and the presence of Commissioners, as it addresses an existing governance risk rather than creating a new one.
5.7 Neighbourhood Services relies on temporary staff to maintain essential frontline service delivery, and the absence of a formal contract presents risks of non-compliance with Contract Standing Orders, limited cost control, and inconsistent service provision.
5.8 Accessing an approved framework and undertaking a compliant call-off process will ensure transparency, value for money, and proper oversight of expenditure. This approach aligns with the expectations of Commissioners by strengthening governance, regularising existing spend, and ensuring continued service delivery during a period of financial challenge and Local Government Reorganisation.
5.9 Under IR35 legislation, the provider or agency is responsible for ensuring that all tax and National Insurance obligations relating to short‑term agency workers are met.
6. Legal comments
6.1 The proposed approach of procuring via an existing framework is compliant with procurement legislation, provided the framework has been established in accordance with the Public Contracts Regulations or the Procurement Act 2023 and is used in line with its terms. Call-off contracts must adhere to the framework rules, including any mini-competition or direct award provisions. All contracts must comply with the Council’s Contract Standing Orders and all applicable rules and regulations. Legal Services will support the process to ensure compliance.
6.2 Contracts and procurement are within the remit of the Corporate Policy and Resources Committee (part 3(b) of the Constitution).
6.3 The Council has statutory powers to enter the proposed contract for the supply of agency staff pursuant to the general power of competence under section 1 of the Localism Act 2011 and the provisions of the Local Government (Contracts) Act 1997.
Corporate implications
7. Commissioners’ comments
7.1 Commissioners raise no objection to this report proceeding to committee.
8. S151 Officer comments
8.1 The S151 Officer confirms that all financial implications have been taken into account and that the recommendations are fully funded from within the 2026/27 budget.
9. Monitoring Officer comments
9.1 The Monitoring Officer confirms that all relevant legal implications have been taken into account.
10. Procurement comments
10.1 In accordance with the Council’s Contract Standing Orders, approval from the relevant service Committee and the Procurement Board is required where the value of the proposed contract exceeds £100,000.00 prior to the commencement of the procurement.
10.2 Assistance from the Procurement Team will be required in relation to this project.
11. Equality and Diversity
11.1 Equality and diversity are key considerations in managing Neighbourhood Services. All recruitment and deployment practices, including the use of agency staff, are designed to ensure fair treatment and inclusivity, supporting a diverse workforce while reducing the risk of discrimination.
12. Sustainability/Climate Change Implications
12.1 Recruiting local staff for Neighbourhood Services supports sustainability by reducing travel-related emissions and promoting community resilience. Operational practices, including waste collection, street cleansing and grounds maintenance, are planned to minimise environmental impact while ensuring continuity of essential services in a changing climate.
13. Other considerations
Local Government Reorganisation
13.1 Accessing an approved framework and undertaking a compliant call-off process will ensure transparency, value for money, and proper oversight of expenditure. This approach ensures compliance with the expectations of Commissioners, complying with the spirit of statutory directions issued under Section 24 of the Local Government Reorganisation framework, by strengthening governance, regularising existing spend, and ensuring continued service delivery during a period of financial challenge and Local Government Reorganisation. Whilst Spelthorne is not bound formally by the application of the S24 regime, we would undertake to keep the Executive of the Shadow West Surrey Council informed of the proposed procurement.
14. Timetable for implementation
14.1 We have already engaged with the procurement team to identify the most effective and compliant approach for this procurement exercise. Subject to approval of this report, the procurement process will be start with the objective of securing suitable providers and/or an approved frameworks that ensures the contract can commence as soon as the necessary documents are signed.
|
Activity |
Timescale |
|
CP&R Committee approval |
19 May 2026 |
|
Finalise procurement documents (specification, ITT, evaluation criteria) |
May-June |
|
Issue tender / access framework |
June-July |
|
Tender period (supplier responses) |
July |
|
Evaluation of bids |
August |
|
Moderation and approval of preferred supplier |
August |
|
Standstill period (if applicable) |
August-September |
|
Contract award |
September |
|
Mobilisation and contract finalisation |
September-October |
|
Contract commencement |
October 2026 |
15. Contact
15.1 Jackie Taylor Group Head Neighbourhood Services
Background papers: There are none.
Appendices: (Exempt) Appendix A