Decision Maker: Cabinet Member for Education and Skills
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Proposed decision:
a) To enter into new contracts and service level agreements (SLA) with mainstream primary and secondary schools that provide Specialist Resource Provisions (SRPs)
b) Authorise the Director for Education and Special Educational Needs to enter into these contracts and SLAs on behalf of Kent County Council, attached as appendices A and B; and
c) Authorise the Director for Education and Special Educational Needs to be the nominated Local Authority Representative within the relevant agreements and to enter into variations as envisaged under any of these contracts and SLAs.
Reason for the decision and background:
Contracts and SLAs have been in place for all SRP holding schools in Kent for a significant number of years. The purpose of the contracts and SLAs is to ensure that pupils with SEN receive an excellent education in an inclusive environment and are able to access specialist facilities and/or expertise which enables them to make progress. The contracts and SLAs that were in place are now due to be renewed.
A review of the standard SRP contract and SLA was carried out from January 2023 through to April 2023. The aim was to strengthen the governance arrangements and to ensure consistency between the two documents.
Legal advisors were commissioned to provide advice and update the contract and SLA. Following finalisation of these documents, in line with the legal advice provided, the updated, unsigned contract and SLA were issued to all SRP holding schools. The updated contract and SLA term is 3 academic years to 30 August 2026.
This decision will allow them to be signed and sealed.
Alternatives considered:
The alternative to putting a new contract/SLA in place is to proceed without one. Legally, existing SRPs are part of the mainstream schools that host them, and their funding is covered by the LA’s approved funding arrangements. These provisions can continue. New provisions can be created, via the process set out above. However, this option has been rejected. The purpose and value of the contract/SLA is to set out clear expectations, and secure robust monitoring and accountability mechanisms. These are important aspects of the LA’s work, and essential in our SEND improvement journey.
As Cabinet Member for Education and Skills, I agree to:
a) Enter into and seal the contracts and service level agreements (SLA) that have been issued to mainstream primary and secondary schools to provide Specialist Resource Provisions (SRPs) for a period for three academic years from 1st September 2023 to 31st August 2026;
b) Authorise the Director for Education and Special Educational Needs to enter into and seal these contracts and SLAs on behalf of Kent County Council; and
c) Authorise the Director for Education and Special Educational Needs to be the nominated Local Authority Representative within the relevant agreements and to enter into variations as envisaged under any of these contracts and SLAs.
Publication date: 07/02/2024
Date of decision: 06/02/2024
Effective from: 15/02/2024
Accompanying Documents: