Agenda item

1. Mrs Fordham introduced the decision explaining that the purpose was to develop and introduce a new framework, to allow for strategic alignment across the sector.

2. Ms Holden, Assistant Director for CYPE Commissioning, explained that the existing framework had been the first step in developing a strategic relationship with the sector. The recommendation presented was to propose a new contract to further develop this relationship. The proposal outlined a 4 year contract with an option for a further four year extensions, designed to remain flexible for local government reorganisation. Additionally, ongoing activity within the SEN transformation was expected to reduce future reliance on the sector.

3. In response to comments and questions it was said:
   1. Children and young people were placed in independent sector schools for various reasons, often at parental request, sometimes following tribunals. Some moved from mainstream schools at parents’ insistence, while others were placed independently due to a lack of suitable local provision. Due to the significant cost, a rigorous decision making process was applied. There had been a notable rise in parental requests for independent placements for children with Autism Spectrum Disorder (ASD), who previously would have attended mainstream settings. In response, the Local Authority reviewed its Sufficiency Plan and worked to expand Specialist Resource Provision (SRP). Data showed a spike in independent placements at Year 7, linked to low parental confidence in mainstream support. Plans were made to increase SRP places in secondary schools to reduce both the need for and the number of parental requests for independent placements.
   2. Officers reported that the commissioning and SEND sufficiency plans projected a reduction in independent placements from 1,172 in 2025 to just over 900 by the end of the forecast, based on increased mainstream and SRP capacity. SRP panel data showed 1,370 cases considered and around 450 identified as requiring SRP places, against only 1,500 existing SRP places. Demand continued to be higher than supply, pushing children into independent settings. Expanding SRP capacity was essential to reverse this trend and strengthen confidence in meeting needs within mainstream provision.
   3. Mr Adams emphasised that independent special schools continued to be appropriate for some young people due to specific needs or proximity and therefore the sector remained important. However, current high usage reflected insufficient local capacity. Increasing local provision would provide effective support closer to home, enabling children to thrive and improving parental confidence.
   4. It was explained that the Dynamic Purchasing System (DPS) mirrored the new approach, with two quality-based lots. Kent placed pupils in more than 110 independent schools of varied size and quality and commissioning needed to reflect that diversity. The aim was to establish block contracts with higher-quality schools to secure standards and value, while also including lower-rated schools to maintain relationships, support improvement and engage where pupils were already placed. This approach aligned with current placement patterns and supported better partnership working.
   5. When asked about the proportion of placements expected in Lot 1, Ms Sheppard advised that the team could provide the breakdown separately, as distribution would depend on school applications. There was positive engagement with schools previously outside the DPS and optimism that more high-quality providers would join.
   6. Members suggested annual committee review of the framework to monitor costs. Ms Holden confirmed that the full contract register was presented to the Committee each year, where officers would be  available to answer questions.
   7. Ms Sheppard, Senior Commissioner, confirmed that the contract included strong negotiation terms to manage performance and fees. Schools had to apply annually for fee increases and justify costs above a threshold. The team routinely negotiated reductions and for 2025/26 had reduced requested increases from 42 placements, which amounted to around £1 million.
   8. In response to questions on improving placement timelines, Ms Gleave, Assistant Director SEN Statutory Services, explained that increasing the number of suitable independent providers reduced delays. When state-funded schools could not accept a pupil, officers consulted DPS schools first, it was explained that some cases required approaches to many schools, each with a 15-day response window. Faster responses from trusted schools significantly reduced waiting times and supported smoother transitions.

RESOLVED that the Committee considered and endorsed the proposed decision.