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Children: Social Services

Question for Department for Education

UIN HL566, tabled on 20 January 2020

To ask Her Majesty's Government why a decision was taken to delay the tender process for the contract for "an information and advice service for families including kinship carers of children at risk or involved in the care system” to share Transfer of Undertakings (Protection of Employment) Regulations (TUPE) information with all bidders when the Invitation to Tender document had specifically stated that consideration of the application of TUPE was not a matter of direct concern to the Department for Education and that it was the responsibility of tenderers to consider whether TUPE applies in the circumstances of this contract and tender accordingly.

Answered on

3 February 2020

The department is in the process of tendering for "an information and advice service for families including kinship carers of children at risk or involved in the care system”.

Our intention remains to award this contract in March 2020 for the service to start on 1 April 2020. It is not the responsibility of the department to determine whether Transfer of Undertakings (Protection of Employment) Regulations (TUPE) applies. However, it is the responsibility of the department to ensure that, where TUPE may apply, relevant information is made available to all suppliers.

Following a request by a potential bidder, the tendering deadline was extended to allow bidders time to factor TUPE information into their bids. The department will work with any winning bidder and the existing provider to ensure the service is not interrupted.