Catering Options

This page summarises the key issues to consider when deciding whether to take your catering service in-house, or to procure the council's Catering Agency service or external private provider.

Legal Implications - (please click to expand the selection)

• In-house provider
  1. School CPR's and European Procurement Regulations do not apply.
  2. The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) can apply if the current provider is an external contractor or Education Leeds provider.
  3. The school will be responsible for compliance with all legal requirements (e.g. Health and Safety, Food Safety, Environmental and Employment Issues).
  4. With this option there is no need for a legal contract or SLA.
• Leeds City Council, The Catering Agency
  1. School CPRs and European Procurement Regulations do not apply.
  2. The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) can apply if the current provider is an external contractor or Education Leeds provider.
  3. The Agency will be responsible for compliance with all legal requirements (e.g. Health and Safety, Food Safety, Environmental and Employment Issues).
  4. With this option there is no need for a legal contract but there is a need for both parties to agree the SLA.
• External Provider
  1. School CPRs and European Procurement Regulations do apply.
  2. The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) and the Code of Practice on Workforce Matters in Local Authority Service Contracts will apply if the current provider is a Council agency and TUPE can apply if the current provider is an external contractor.
  3. The contractor will be responsible for compliance with all legal requirements (e.g. Health and Safety, Food Safety, Environmental and Employment Issues).
  4. There is a need for a legally binding contract to be put in place and there is a need for the school to conduct a fair and transparent procurement exercise.

Staffing Implications - (please click to expand the selection)

• In-house provider
  1. The school will be responsible for all recruitment and employment matters associated with staff - including making appropriate provision for both short and long term staff absences.
  2. The school is responsible for ensuring that all catering and dining room staff are appropriately trained in accordance with current legislation and good practice.
• Leeds City Council, The Catering Agency
  1. The Agency is responsible for all recruitment and employment matters associated with the staff, including making appropriate provision for both short and long term staff absences.
  2. The Agency is responsible for ensuring that all catering and dining room staff are appropriately trained in accordance with current legislation and good practice.
• External Provider
  1. The contractor will be responsible for all recruitment and employment matters associated with staff - including making appropriate provision for both short and long term staff absences.
  2. The contractor is responsible for ensuring all catering and dining room staff are appropriately trained in accordance with current legislation and good practice.

Service Delivery Implications - (please click to expand the selection)

• In-house provider
  1. The school is responsible for purchasing all materials and equipment - including the service and repair of all equipment.
  2. The school is responsible for sourcing all food suppliers, ensuring complete traceability of the food supply chain.
  3. The school is responsible for arrangements to deliver the school meals service in times of emergencies, i.e. equipment and utility failure.
  4. The school is responsible for meeting the new school meals standards and targets including menu analysis and control and special dietary provision.
• Leeds City Council, The Catering Agency
  1. The Agency is responsible for purchasing all materials and equipment - including the service and repair of all equipment.
  2. The Agency is responsible for sourcing all food suppliers, ensuring complete traceability of the food supply chain.
  3. The Agency is responsible for arrangements to deliver the school meals service in times of emergencies, i.e. equipment and utility failure.
  4. The Agency is responsible for meeting the new school meals standards and targets including menu analysis and control of special dietary provision.
• External Provider
  1. The contractor is responsible for purchasing all materials and equipment - including the service and repair of all equipment.
  2. The contractor is responsible for sourcing all food suppliers, ensuring complete traceability of the food supply chain.
  3. The contractor is responsible for arrangements to deliver the school meals service in times of emergencies, i.e. equipment and utility failure.
  4. The contractor is responsible for meeting the new standards and targets including the menu analysis and control and special dietary provision.

Implications for the school - (please click to expand the selection)

• In-house provider
  1. The school must prepare a service specification and robust business plan for Governing Body consideration.
  2. This option does not fully market test the service.
  3. This option does not involve the school in a lengthy and possibly complex tender process.
  4. This option can create a burden for the school in terms of time and resources to make this option work.
• Leeds City Council, The Catering Agency
  1. The school must prepare a service specification and the Agency prepares a service level agreement (SLA) for Governors consideration.
  2. This option does not fully market test the service.
  3. This option does not involve the school in a lengthy and possibly complex tender process.
  4. The Agency will be responsible for making this option work.
• External Provider
  1. School prepares a service specification.  The Corporate Procurement Unit provides terms and conditions of contract and other tender documents for Governing Body consideration.
  2. This option can fully market test the service.
  3. A lengthy and possibly complex procurement process will have to be undertaken.
  4. The contractor will be responsible for making this option work.

The above information is also available for download here