Enfield Council is implementing tighter controls on contract waivers following a review presented at the General Purposes Committee meeting on Wednesday 22 October 2025. The review, detailed in the Annual Report on Contract Procedure Rules, Waivers and Procurement Services Update for 2024/25 - Update Report, was prompted by concerns raised in July 2025 regarding the council's use of waivers, which are instances where standard procurement processes are not followed.
The General Purposes Committee raised concerns in July 2025 regarding the council's use of waivers and procurement governance. Specifically, members felt that the report could have been more detailed and expressed concerns about the high number of waivers compared to other London Boroughs and CIPFA guidance, particularly regarding retrospective waivers and the associated legal challenges and fraud risks.
The report from Michael Sprosson, Head of Procurement Services, and Claire Reilly, Head of Procurement Policy & Contract Development, acknowledged an increase in waiver volumes but attributed this to improved tracking and transparency. They also noted a proactive effort to regularise procurement activity. According to the report, of the £38 million total waiver value in 2024/25, £36 million related to two strategically approved contracts: Enforcement Agencies and Children's Residential Care, both compliant with procurement rules.
To ensure tighter controls, stronger oversight, and improved value for money, the council is taking several actions, including:
- Adopting a statutory waiver framework aligned to the Procurement Act 2023.
- Reclassifying contract gaps as non-compliance rather than waivers, to improve transparency.
- Enhancing training and guidance for service departments.
- Continuing the development of digital support tools, including a procurement chatbot and workflow diagrams.
- Strengthening monitoring and reporting through quarterly departmental dashboards and targeted audits.
- Implementing revised procurement thresholds, including a pilot to lower the 3-quote threshold to £5,000.
- Ongoing engagement with departments to support forward planning and reduce retrospective approvals.
- Continued oversight by the Procurement Assurance Group to ensure transparency and legal compliance.
The report included a comparison of waiver usage across boroughs benchmarked:
| Council | Waivers | Notes |
|---|---|---|
| Council A | 522 | Highest usage, mostly direct awards |
| Council B | 92 | Tiered approval, structured process |
| Council C | 83 | Strong governance, trend analyses |
| Enfield | 89 | Mid-range usage |
| Council D | 47 | Low usage, proactive planning |
| Council E | 58 | Mixed governance, new board planned |
| Council F | 3 | Very low usage, no competition required for below |
| £150K spend. | ||
| Council G | Not tracked | No central monitoring |
| Council H | Not tracked | No central monitoring, waivers approved by Cabinet |
| with accompanying report. |
The report also included a table summarising waivers by type for 2024/25:
| Description / Reason | Count | Comments |
|---|---|---|
| Direct Award | 35 | Compliant with legislation |
| Retrospective approval | 26 | Non-compliant with CPRs but |
| compliant with legislation | ||
| Failure to seek sufficient | 1 | Non-compliant with CPRs but |
| quotations | compliant with legislation | |
| Non-usage of the Procurement | 14 | Non-compliant with CPRs but |
| system | compliant with legislation | |
| Financial Security | 12 | Procedural, risk-based decision |
| Insurance Values | 1 | Procedural, risk-based decision |
| TOTAL | 89 |
The report noted that three suppliers had more than one contract awarded via a waiver: Working Well Trust, Ignite Logistics and CBM. The reasons for these waivers are:
- Working Well Trust:
had two as this is a niche market and was originally grant funded with the grant stipulating this supplier. The contract has been extended using the waiver.
- Ignite Logistics:
has had two contracts, but one was for security services and one for scaffolding.
- CBM:
have had two but are for different subsidiaries of the company and for different provision.
It's important to note that some waivers are non-compliant with CPRs but compliant with legislation
. While the Annual Report on Contract Procedure Rules, Waivers and Procurement Services Update for 2024/25 - Update Report doesn't explicitly detail the legal implications, it suggests that while these waivers don't violate procurement legislation, they do deviate from the Council's internal Contract Procedure Rules (CPRs). This could potentially lead to internal audit findings and governance concerns.
