Proposed Decision:

The Cabinet Member for Highways & Transport is asked to give approval to take the Pencester Road, Dover Bus Contraflow scheme through the stages of scheme development and delivery and specifically for:

1. Approval to undertake the detailed design and any associated surveys required to inform the design;

2. Approval for KCC officers to project manage, input into the delivery and supervision of the project, with the cost of all staff and consultant time being recoverable against the project funding;

3. Approval to progress all statutory approvals or consents required for the scheme;

4. Approval to implement permanent Traffic Regulation Orders, associated with the contraflow bus lane, amendments to current parking/taxi bay provisions and ANPR enforcement cameras, subject to completing the statutory consultation process associated with Traffic Regulation Orders;

5. Approval to carry out any additional consultation required for the scheme;

6. Approval to enter into construction contracts as necessary for the delivery of the scheme subject to a review of the procurement strategy by the Capital Officers Group / Strategic Commissioning;

7. Approval for any further decisions required to allow the scheme to proceed through to delivery to be taken by the Corporate Director of Growth, Environment & Transport under the Officer Scheme of Delegations following prior consultation with the Cabinet Member.

Background Information:

Under decision 23/00027 the Cabinet Member for Highways and Transport agreed to accept the DfT BSIP offer of £18,985,735, for delivery of agreed initiatives, in the year 23/24. To ensure that the Pencester Road scheme as one of the BSIP initiatives can progress to time, a further decision is required for approval to plan and spend the £3m DFT BSIP funding that has been allocated for the Pencester Road scheme.

The proposed bus contraflow in Pencester Road aims to support and enhance the upcoming Dover Fastrack bus service that is due to become operational in Spring 2024. The HIF funded Dover Fastrack project has been developed to mitigate the traffic impacts of the major housing allocations of the Whitfield Urban Expansion (5,750 Homes) and Connaught Barracks (500 Homes), by providing a high quality and reliable public transport service to link the new developments to the Town Centre and Dover Priory Station. The Pencester Road scheme could not be afforded within the HIF allocation, so BSIP funding is allowing this scheme to be progressed.

Part of the proposed northbound Fastrack route within the Town Centre, uses the existing A20 Townwall Street, between York Street and Woolcomber Street. This route experiences a high volume of traffic heading to the Port of Dover and leads to regular congestion and delays along this part of the highway network. This is further compounded when ferries are delayed at the Port, leading to the implementation of Operation Tap and Operation Brock.

The use of the A20 for the northbound route is not ideal as journey times cannot be guaranteed, and alternative options to improve the journey time reliability were considered as part of the original route planning for the service. This identified that an alternative route via a northbound bus contraflow lane in Pencester Road with bus priority signals at the Biggin Street and Maison Dieu junctions would provide significant benefits in reliability and customer confidence in the service. It would also allow the bus operator additional flexibility with current services and provide an opportunity of re-opening a bus service to the Port of Dover.

A downside of the improvements is that it will lead to some loss of on street parking, disabled bays and taxi bays. Mitigation for loss of parking will be reviewed following completion of occupancy surveys but initial discussions with Dover District Council has identified that local car parks have capacity to mitigate loss of the on-street parking and disabled bays.

Options (other options considered but discarded)

Several scheme options were considered as follows:

i.        Fastrack routed via the A256 Priory Road, Ladywell, Park Street and the A256 Maison Dieu Road – this was considered to provide little or no benefit to the A20 route as was also prone to congestion and delays.

ii.        Reverse one-way in Pencester Road, so all traffic travels Northbound – Due to the existing one-way routes within the town centre, vehicles, including some buses, wishing to access Pencester Road would need to travel further and use either Castle Street or the A20. Whilst helping the Fastrack service, this would be inconvenient for most road users and would add unnecessary congestion on the A20 and/or within the Market Square area of Dover.

iii.        Reversal of one-way in Pencester Road with southbound bus contraflow lane – This was discarded for similar reasons to ii) above.

iv.        Pencester Road made bus only in both directions – This was discarded for similar reasons to ii) above and access to Pencester Road car park and for business deliveries would still need to be maintained.

How the proposed decision supports Framing Kent’s Future 2022-2026: (https://www.kent.gov.uk/about-the-council/strategies-and-policies/corporate-policies/our-council-strategy

The scheme supports the priorities for Kent by improving the highway infrastructure to provide more reliable journey times and improved public transport links, accessibility and  to support Kent business and housing growth and encourage economic activity in one of the more deprived areas in Kent.

This scheme will also support KCC’s commitment to ensure residents have access to viable and attractive travel options that allow them to make safe, efficient and more sustainable journeys. This scheme will improve connectivity of the proposed route between the key transport hub of Dover Priory Station, the town centre and new housing being built in Whitfield. In addition the use of Zero emission buses means reduced transport CO2 emissions and reduced air pollution in the area.

Financial Implications

The estimated project cost for the Pencester Road Scheme based on the outline design is £2,300,000 including a risk allowance of £700,000. This will be fully funded from the capital element of the BSIP funding of £18,985,735, which is split as £12,454,840 capital, for which £3m has been allocated for the Pencester Road scheme, and £6,530,895 revenue.

A condition for all BSIP funding is that it needs to be spent, and the full BSIP programme delivered by 31 March 2024, unless agreed otherwise with the DfT through their Project Adjustment Request (PAR) process. KCC is monitoring spend and delivery timescales to determine if and when this process may be required.

The Memorandum of Understanding (MOU) for BSIP funding does raise the potential that KCC would be responsible for overspend should this occur and may incur abortive costs should schemes not progress fully. The ongoing relationship with the DfT and the PAR process is in place to mitigate this risk.

The funding has been released by DfT to KCC and has been allocated to the budget line.

Proposed decision:

To accept the second tranche of BSIP funding comprising £4,379,500 revenue and £11,704,904 capital and also to accept £2.3m BSIP+ funding for 2024/25 to deliver an agreed programme of works.

Reason for the decision

KCC will be entering into an agreement with DfT for funding over £1m to deliver significant bus improvements across Kent.

Background

KCC has been awarded £35.1m to deliver some of the  interventions identified within the Kent BSIP. DfT awarded the funding in two tranches. In February 2023 Kent was provided funding of two years of £12,454,840 capital and £6,530,895 revenue to deliver an accelerated Tranche 1 programme. In late  June 2023, Public Transport officers learnt from the DfT that KCC could anticipate receiving a formal tranche 2 funding offer for the remainder of the allocation; £4,379,500 revenue and £11,704,904 capital.

In addition to this funding, KCC received £2.3m of BSIP+ funding for 23/24 and is now also being offered £2.3m BSIP+ funding for 2024/25.  This followed a government announcement on 17th May 2023 stating that an additional £160m was to be made available for Local Transport Authorities (LTAs) over 2023/24 and 2024/25 to further support the delivery of BSIPs. 

Options (other options considered but discarded)

To forego the funding award. This is rejected as the funding still represents a significant investment into bus provision in Kent. 

How the proposed decision supports Framing Kent’s Future 2022-2026:

The decision supports Priority 2: Infrastructure for communities and the specific commitment to work with our partners through the Kent Enhanced Bus Partnership and with Government to explore sustainable and commercially viable options for providing bus transport to meet people’s needs, making the best use of Bus Service Improvement Plan funding.

Financial Implications

·      The total funding available and deliverable is £4,379,500 revenue and £11,704,904 capital.

·      In addition to this funding, KCC is also being offered £2.3m BSIP+ funding for 2024/25

·      There is no financial contribution required from KCC, however, if projects are not delivered as agreed in the funding agreement, the DFT may require payback of the whole or any part of the grant funding and also hold back funding for other projects.

·     There is a Project Adjustment Request (PAR) process in place at DfT which allows KCC to submit requests to change delivery timescales and budgets across initiatives for consideration by DfT.

·     Acceptance of funding would require KCC to “lock in” 2023/24 funding levels of subsidy until March 2025.

Proposed Decision:

A)    Authorise additional expenditure to enact a 12-month extension of the Direct Payment Support Service from 1 April 2024 to 31 March 2025.

B)    Delegate to the Corporate Director for Children, Young People and Education to enter into any agreements required to implement the Decision in consultation with the Cabinet Member for Integrated Childrens Services.

Reason for Decision:

As part of the support planning process, Direct Payments (DPs) are offered to individuals to provide a greater choice and control over their care and support arrangements. They are monetary payments that can be made to individuals to meet some or all of their eligible support needs. The legislative context is set out in the Care Act 2014, section 117(2c) of the Mental Health Act 1983, the Care and Support (DP) Regulations 2014 and the Children and Families Act 2014.

The Children, Young People and Education Directorate commissions the Direct Payment Support Service with a not-for-profit provider of Children’s and Young People Services The service is open to:

 Parents and carers of disabled children

 Parents and carers of children with special educational needs

 Young people aged 16-25 with special educational needs

 Young disabled people aged 16-25

The Key Decision to commission the Direct Payment Support Service was taken on the 30 October 2018. The Decision (Decision - 18/00055 - Direct Payment Support Service (kent.gov.uk) provided for a three-year fixed term with two twelve-month extension periods within a maximum budget of £1.7 million over the five-year term. On 16 December 2022 the Cabinet Member for Integrated Children’s Services took a Decision (Decision - 22/00104 - Extension of the Direct Payment Support Service Contract (kent.gov.uk) to authorise additional expenditure to enact the final allowable extension to the contract and increase capacity to meet growing demand.

Consultation with Adult Social Care and Health (ASCH) has also been ongoing to ensure we consider their position and plans for the Adult DP service. As a part of the Making a Difference Everyday programme, ASCH is redesigning their self-directed support offer, and the opportunity to align the two DP services to create an integrated service for both CYPE and ASCH was suggested. The development of a ‘whole council approach’ to delivering DP services was supported in principle due to potential advantages such as cost efficiencies and a smooth transition between CYPE and ASCH. 

Some of the service elements being scoped by ASCH align with the Direct Payment Support Services for Children and Young People. A potential joint commissioning exercise has emerged, which could offer KCC better value for money and create greater cohesion across services.

There is currently insufficient information available about ASCH's future trajectory and therefore, CYPE cannot make an informed recommendation about whether this option is viable. More time is required to sufficiently scope and engage the market to ascertain if aiming for an integrated service in Kent is feasible.

Options (other options considered but discarded)

Option 1: Do nothing. The Direct Payment Support Service contract will cease on the 31 March 2024 and CYPE will have to make alternative plans for the administration and support for CYPE Direct Payments. Currently there are no arrangements in CYPE to undertake this function and it would not be possible to develop in-house capacity within the timeframe. This option is discounted.

Option 2: CYPE Commission the Direct Payment Support Service independently of ASCH. There may be a missed opportunity for an integrated service, and lost economies of scale due to separate procurement activity. This option is discounted.

Framing Kent’s Future Council Strategy 2022-2026:

Priority 4: New models of care and support: Our commitment is to reshape our commissioning practice to ensure we build strategic partnerships with our providers, through earlier engagement, more consistent and proactive commissioning practice, and a stronger focus on co-designing services.

Our commitment is to support the most vulnerable children and families in our county, ensuring our social work practice supports manageable caseloads, reflective learning, joined up safeguarding and effective corporate parenting arrangements.

Proposed Decision:

Accept the Urgent and Emergency Care Funding under the terms set out by the Department of Health and Social Care and delegate authority to the Corporate Director Adult Social Care and Health to develop plans to deploy the grant funding and take relevant actions, including but not limited to entering into and finalising the terms of relevant contracts or other legal agreements, as necessary to implement the decision.

Background:

In July 2023 the Department of Health and Social Care (DHSC) announced £600m of funding over two years to enable local authorities to go further in improving adult social care capacity. In that announcement, the DHSC said that it intended to make £30m of this funding available this year to local authorities in areas with the greatest health and care challenges. The DHSC subsequently increased the available funding by £10m to provide for a £40m fund. The £40 million will enable selected local authorities to support urgent and emergency care performance and resilience for residents over the winter period. The intention is to provide targeted funding for local authorities in areas with the greatest urgent and emergency care challenges.

Local authorities were invited to develop proposals, in which they were expected to agree with the relevant Integrated Care Board (ICB) and provide evidence of ICB views on the proposals in their application form.

Assessment criteria for proposals:

·         Impact on urgent and emergency care resilience and performance over the winter  period, whether by helping prevent avoidable admissions or by reducing discharge delays

·         Are deliverable over the winter 2023/24 period

·         Are additional to existing LA expenditure and capacity plans and linked to NHS winter surge plans and Better Care Fund demand and capacity plans, for example by addressing gaps identified in those plans. Section 151 officers will be required to assure that funding has been used to purchase additional services and capacity in line with the MoU

Adult social care, in agreement with the Kent and Medway Integrated Care Board, has submitted a proposal to support the resilience of urgent and emergency care services across Kent. The funding will be targeted in areas of Kent with the most challenged performance (East Kent) of urgent and emergency care services and to address capacity gaps across the county.

The alternative was to not submit a proposal, however this would have a significant negative impact on the resilience of urgent and emergency care services in Kent over the winter period.

The proposed decision supports Priority 4 of Framing Kent’s Future to ensure that adults who draw on social care support lead the lives they want to live, by putting their needs at the heart of everything we do, whilst successfully innovating and responding to the challenges to social care funding.

Proposed decision:

To agree to the disposal of the property, the former Halfway Houses Primary School site, Southdown Road, Halfway, Sheerness, Kent, ME12 3BE and delegate authority to:

1.       The Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, to finalise the terms of the disposal; and

2.       The Director of Infrastructure to authorise the execution of all necessary or desirable documentation required to implement the above.

Reason for Decision:

The property is surplus to the Council’s operational requirements and due to the projected value, a key decision is required as per Kent County Council’s constitution.

Background Information:

The site is a former school building and playing field. It has been declared surplus by the Council as it is no longer required for operational purposes. The school was relocated to a new purpose-built facility on another site.

The Council intends to progress with the disposal of the site in line with its adopted Freehold Asset Disposal Policy. Initial advice provided from agents regarding anticipated values, indicates that a key decision is required.

Consent has been gained from the Secretary of State for Education, allowing Kent County Council to progress with a disposal, given the former education use of the site.

A decision is sought to authorise the disposal of the site and to delegate authority to the Director of Infrastructure to finalise the terms, subject to consultation with the relevant Cabinet Member.

Options:

The Council has an overarching duty under Section 123 of the Local Government Act 1972 to secure not less than best consideration in respect of property disposals. It also has a fiduciary duty to the residents of Kent.

The property is not required for the Council’s operational purposes and has been considered surplus to education needs following the relocation of the school to the new site.  Since vacation of the school site, alternative service needs were considered, and none have been identified. A disposal provides an opportunity to reinvest capital in agreed priorities, as set out in the Council’s Capital programme.

How the proposed decision supports the County Council’s Strategic Plan:

By securing a capital receipt to fund the Capital programme and to streamline the Council’s property portfolio to achieve financial and efficiency benefits in line with appropriate policy.

Proposed decision:

The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to:

1.    award a contract and the permitted contract term extensions to Rimini Street for the support of the Council’s Oracle E-Business Suite (April 2024 to April 2026 with the potential for extensions to 2027);

2.    delegate authority to the Director of Technology in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, to activate the permitted contract term extensions; and

3.    delegate authority to the Director of Technology to take other relevant actions, including but not limited to entering in contracts and other legal agreements, as required to implement this decision.

Reason for the decision:

The Council’s current support from Rimini Street for the Oracle E-Business Suite (EBS) expires on 5 April 2024.  E-Business Suite is used for critical business processes in finance, human resources and procurement, including payroll and accounts payable and is necessary in order to provide continuing support for Oracle whilst the Enterprise Business Capabilities project implementation is underway.

Background:

Rimini Street is a well-established and proven provider of support for Oracle E-Business Suite (including the Local Government sector). Contracting for support from Rimini Street will secure service continuity and will give the Council time to implement the Enterprise Business Capabilities system replacement.

Options (other options considered but discarded):

Alternative options have been considered but discarded which included:

1.    Using Oracle

2.    Moving to another supplier

Given the practical and financial considerations as well as timing, awarding a new contract to Rimini Street provides business continuity of service whilst the Enterprise Business Capabilities project implementation is underway.

How the proposed decision supports the Interim Strategic Plan:

This decision maintains continuity of critical business processes until such time as the Enterprise Business Capabilities project is fully implemented.

Proposed Decision:

To agree the Kent SEND Sufficiency Plan 2023

Background information:

This is the first time that KCC has produced a Sufficiency Plan for Special Education Needs (SEN) Provision. Most Local Authorities now produce an analysis and plan that sits under their SEND Strategy and feeds into their Education Commissioning Plan and capital strategy for education provision.

Kent’s Commissioning Plan for Education Provision has included a section on Special Education Needs Provision; however, this has always been a high-level summary based on limited analysis and forecasting.

Options:

Commissioning recommendations for this first plan are limited by the need for the Special School, Specialist Resource Provision and Early Years reviews to complete. The outcomes and recommendations from these reviews will be key to informing future commissioning decisions. Commissioning recommendations from the SEND Sufficiency Plan will be reflected in Kent’s Commissioning Plan for Education Provision 2024 to 2028.

For post-16, actions are underway to meet demand regarding place planning, with engagement from all FE groups as part of multiple projects around access for students to mainstream settings.The phases of implementation of the SEND Sufficiency Plan will be influenced by the medium and longer-term commissioning decisions that result from the data presented. 

Proposed Decision:

To agree the Commissioning Plan for Education Provision in Kent 2024-28

Background Information:

Kent County Council (KCC), as the Local Authority (LA), has a statutory duty to ensure sufficient school places are available. The County Council’s Commissioning Plan for Education Provision in Kent 2024-28 (KCP) is a five-year rolling plan which is updated annually. It sets out our future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent.

The Plan sets out how we will carry out our responsibility for ensuring there are sufficient high quality places, in the right places for all learners, while at the same time fulfilling our other responsibilities to raise education standards and promote parental preference.  The Plan details the expected future need for education provision, thereby enabling parents and education providers to put forward proposals as to how these needs might best be met.

Options

The KCP sets out the principles by which we determine proposals, and it forecasts the need for future provision. It also sets out in more detail, plans to meet the commissioning needs which arise in each district and borough in Kent during the next five years.

Proposed Decision:

The Kent and Medway Domestic and Sexual Abuse Executive Group, and the associated governance structure, is a partnership which includes Kent County Council, Medway Council, Kent Police, the Police and Crime Commissioners Office, Probation, Kent District, City and Borough Councils, the Department of Work and Pensions, the NHS and Kent Fire and Rescue Service.

The current Kent and Medway Domestic Abuse Strategy was developed in 2020 and refreshed in 2021. This strategy was revised to include new statutory tier one duties linked to safe accommodation, recognising that safe accommodation is part of a wider response to domestic abuse. The current strategy finishes in 2023 and a ‘progress made’ report is published on the consultation web page, showing work completed to meet the strategy commitments and highlighting opportunity areas which are incorporated within the 2024-2029 strategy.

In developing the 2024-2029 Kent and Medway Domestic Abuse Strategy, Kent County Council and Medway Council have worked with the Kent and Medway Domestic Abuse Executive Group to create a document which supports a coordinated partnership response across services. The Executive Group seek to utilise available funding from across partners to improve outcomes, working towards the strategies aim: ‘to reduce the prevalence of domestic abuse and ensure that where domestic abuse takes place, all those affected get the right support, quickly.’

Proposed Decision:

For Cabinet to approve the Kent and Medway Integrated Care Strategy, subject to final recommendation by the Kent and Medway Integrated Care Partnership; and delegate authority to the Director of Public Health to take the relevant actions to implement this decision.

Background Information:

KCC is a partner local authority in the Kent and Medway Integrated Care System and a statutory member of the Kent and Medway Integrated Care Partnership (ICP). It is a statutory requirement for Integrated Care Partnerships to produce an Integrated Care Strategy, which sets the strategic direction and priorities for the health and wellbeing of the population.

The Integrated Care Strategy has been developed by the three statutory partners of the ICP – KCC, Medway Council and NHS Kent and Medway. It will be approved by each of these partners through their own governance arrangements subject to recommendation for approval by the ICP at its meeting on 7 December 2023. Cabinet will be asked to approve the strategy for KCC on 4 January. Recommendation by the ICP and approval by all the three statutory partners will be required before the strategy can be implemented.

The Kent and Medway Integrated Care Strategy also performs the role of the Kent Joint Local Health and Wellbeing Strategy. Given that the Kent area covers most of the Integrated Care System’s footprint, having a single strategy for the health and wellbeing of the population of Kent will provide clarity and ensure that all partners are focused on delivering the shared outcomes that have been identified. Having a separate Health and Wellbeing Strategy for Kent would risk duplication and diversion of resources. The Kent Health and Wellbeing Board is responsible for approving the Joint Local Health and Wellbeing Strategy for Kent will receive the Integrated Care Strategy at its next meeting in December.

An Interim Integrated Care Strategy for Kent and Medway was produced and approved by the ICP and statutory partners in December 2022 in order to meet government requirements. KCC and partners committed to refreshing it by the end of 2023 to allow for full engagement and consultation to inform and develop the final version. Details of the Decision 22/00097 taken by Cabinet to approve the Interim Integrated Care Strategy can be accessed here. During 2023, extensive consultation with stakeholders and the public has taken place and the findings have informed the refreshed version that will be presented for approval. The Strategy has also been shaped by the Joint Strategic Needs Assessments for Kent and Medway.

The strategy will be a vehicle for the further integration of health and care services to better meet the needs of individuals and communities, support the sustainability of health and care services and go beyond ‘traditional’ NHS and social care services to act on the wider determinants of health with other partners to bring real improvements in health outcomes. It will support KCC to achieve the commitments set out in Framing Kent’s Future to integrate our planning, commissioning and decision making in adult’s, children’s, and public health services through being a partner in the Kent and Medway Integrated Care System at place and system level.

Proposed decision:

The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to the implementation of a new Independent Consultancy Services Framework to support the delivery of the Capital Works Programmes over a 6-year (4-year+1+1) contract period to include the following disciplines:

•              Lot 1 – Multi-discipline (client delegated duties)

•              Lot 2 – Project Manager (including client delegated Quantity Surveying duties)

•              Lot 3 – Supervisor

•              Lot 4 – Technical Advisor

•              Lot 5 – Construction Design and Management Advisor

Reason for the decision

The Kent County Council had previously appointed consultants on a project-by-project basis via the Property Services Consultancy Framework, to provide professional consultancy services to support construction projects. However, the Framework expired in June 2020 and procurement of such services has since been conducted on a project-by-project basis, tendered or direct award procurements in-line with Spending the Council’s Money Policy and Public Contract Regulations.

The current method of procuring consultancy services is time consuming and resource intensive and requires a more efficient approach. In addition, a new professional consultancy services framework that aligns to the new construction partnership framework (already in place) and proposed minor work construction partnership framework (subject to procurement).

Options

There are 3 options to consider for the ongoing procurement of consultancy services:

•              Insource of consultancy provision.

•              Continuing with current arrangement of tendering/direct award for each requirement

•              Establishing a new Construction Consultancy Framework.

Option 3, to establishing a new Construction Consultancy Framework is the preferred option, as this would provide a pre-qualified framework of consultants to efficiently support the projects procured via the new Construction and proposed Minor Works Partnership Frameworks on behalf of Kent County Council. It is likely that the Frameworks will work on a rotational basis so that all suppliers get equal allocation of works (performance and project dependant).  In addition to this the facility to undertake mini tenders will be included.

It is envisaged that the new Independent Construction Consultancy Services Frameworks will commence by October 2023.

How the proposed decision supports the Interim Strategic Plan

The proposed decision will support the objectives of Strategic Delivery Plan 2020 – 2023 by:

•              Supporting the delivery of the Council’s Infrastructure Capital Delivery Programme

•              Supporting the delivery of the Kent Commissioning Plan for Education Provision 2020-2024, including the Basic Need programme

•              Supporting the KCC Corporate Estate maintenance programme.

•              Supporting the KCC Education Estate maintenance programme.

Proposed Decision:

To award a 12 month extension to the contract for the provision of post mortem (PM) facilities to Dartford & Gravesham NHS Trust.

Background

The Coroners and Justice Act 2009 places a duty on Coroners to investigate deaths that are referred to them if they have reason to think that:

• The death was violent or unnatural;
• The cause of death is unknown; or
• The deceased died while in prison, police custody or another form of state detention eg where a Deprivation of Liberty Safeguard Order (DoLS) is in place

In some cases the Coroner will order a PM to establish the cause of death and in such cases the deceased is taken to one of 5 NHS mortuaries across Kent and Medway located at Margate, Ashford, Dartford, Tunbridge Wells and Gillingham.

On behalf of the Senior Coroners, KCC ensures there is adequate storage capacity for coroner’s bodies and that the oroners have access to PM facilities.  KCC does not have its own public mortuary facility, and so like many other coroner areas across England and Wales it has no choice but to use local NHS hospitals which have the necessary facilities for this purpose; there are no private sector providers of PM facilities anywhere in England and Wales.

The contract with Dartford & Gravesham NHS Trust expired on the 30^th September 2021 and it has been necessary to put a contract extension in place to secure this critical service until such time as the proposed Digital Autopsy facility at Aylesford opens for business, currently estimated for August/September 2022. The Trust is agreeable to extend the contract for 12 months as this will guarantee that all their fixed and variable costs are met, which is an understandable approach.  It has therefore been agreed that the contract will be extended from 1 October 2021 to 30 September 2022 and if need be, can be terminated early by KCC serving six months’ notice.

Proposed decision

Following a review of the 2016 Kent Minerals and Waste Local Plan, to approve and publish for public consultation (Regulation 18) proposed changes to the Kent Mineral and Waste Local Plan 2013-30 (the 2021 Review).

Background

The County Council has a statutory responsibility to plan for future minerals supply and waste management within Kent as set out in the National Planning Policy Framework 2021 (NPPF) and the National Planning Policy for Waste 2014 (NPPW). This responsibility is realised through the preparation of a Local Plan, in line with the Town and Country Planning (Local Planning) (England) Regulations 2012 (The Regulations).

The Kent Minerals and Waste Local Plan 2013-30 (KMWLP) was adopted by Full Council in July 2016 and subject to an early partial review of a limited number of policies in 2020 represents the planning policy framework for minerals and waste development in Kent. The KMWLP contains a number of policies relating to strategic planning for minerals supply and waste management capacity, as well as Development Management policies against which planning applications for these types of development should be assessed. The Plan also includes a number of policies related to the safeguarding of mineral resources and waste management facilities. 

The Regulations require Local Planning Authorities to review their Local Plans every 5 years.  This is to ensure that the policies remain relevant, conform to national policy and guidance and satisfactorily address the needs of the local community. Policies must be both legally compliant and sound, and in order to be considered sound they should meet the tests of being positively prepared, justified, effective and compliant with national policy. The Plan was partially reviewed in 2020 in the KMWLP Early Partial Review 2020. 

In accordance with plan making requirements set out in the Regulations, the Council has undertaken a 5 year review of the 2016 adopted KMWLP and identified a number of policies as outdated or no longer meeting the tests of soundness. This assessment is set out in detail in the Review of the Kent Minerals & Waste Local Plan 2021. The identified changes needed to the 2016 Kent Mineral and Waste Local Plan form the basis for the next plan making cycle.

Revisions are proposed to the Local Plan to principally reflect changes in national policy and guidance since 2016. These include amongst others changes to the National Planning Policy Framework, government policy and guidance on the achievement of a circular economy and those concerned with climate change and protection and enhancement of the natural environment. Revised draft policy and supporting text has been prepared. To satisfy the requirements of the Plan Making Regulations, consultation is now required on the proposed revisions to the adopted Plan so as to inform and influence future local plan work and the version that the Council will ultimately submit for examination to the Planning Inspectorate.

How the proposed decision meets the objectives of ‘Setting the Course’: Kent County Council’s Interim Strategic Statement (December 2020)

The Kent Minerals and Waste Local Plan delivers the Council’s adopted Mineral and Waste planning strategy and policies and is important in the determination of planning applications in Kent. A local plan is in accordance with national planning policy and guidance and provides a local perspective.  It supports the County Council’s corporate policies contained within the Council’s Setting the Course – Kent County Council’s Interim Strategic Plan 2020, which sets the Council’s priorities until 2022.

Kent’s mineral and waste planning policies support and facilitate sustainable growth in Kent’s economy. In addition, they support the protection and creation of a high-quality environment, with accessible local services that reflect the needs of the community. The proposed revised policy will reflect recent changes to the environmental agenda including mitigation and adaptation to climate change and Kent’s Climate Change Statement and measures to support covid recovery.

Proposed decision –

Contracts to be awarded to successful providers for the provision of Community Support Services (Care and Support in the Home) for Disabled Children and Young People following a recent procurement exercise linked to the Adults Care and Support in the Home contract.

Delegate decisions on the implementation to the Corporate Director of Children, Young People and Education, or other Officer, in consultation with the Corporate Director of Adult Social Care and Health as appropriate.

Further information –

Decision 20/00102 - Community Support Services for Disabled Children & Young People was taken on 19 March 2020 and allowed officers to follow a competitive procurement process for children’s community support services within the Adults ‘Care and Support in the Home’ contract. 

Following the competitive procurement process a further decision is required to award the contracts to the successful providers. 

Proposed Decision

To award 12 month extensions to the contracts for the provision of post mortem (PM) facilities to East Kent Hospitals NHS Trust and Medway NHS Trust.

Further Information

The Coroners and Justice Act 2009 places a duty on Coroners to investigate deaths that are referred to them if they have reason to think that:

• The death was violent or unnatural;
• The cause of death is unknown; or
• The deceased died while in prison, police custody or another form of state detention eg where a Deprivation of Liberty Safeguard Order (DoLS) is in place

In some cases the Coroner will order a PM to establish the cause of death and in such cases the deceased is taken to one of 5 NHS mortuaries across Kent and Medway located at Margate, Ashford, Dartford, Tunbridge Wells and Gillingham.

On behalf of the Senior Coroner, KCC ensures there is adequate storage capacity for Coroner’s bodies and that the Coroner has access to PM facilities.  KCC does not have its own public mortuary facility and so like many other coroner areas across England and Wales it has no choice but to use local NHS hospitals which have the necessary facilities for this purpose; there are  no private sector providers of PM facilities anywhere in England and Wales.

The contracts with these two NHS Trusts expire on the 30^th September 2021 and it is necessary to put in place contract extensions to secure this critical service until such time as the proposed Digital Autopsy facility at Aylesford opens for business, currently estimated for July 2022. Discussions have been held with each of the Trusts and whilst they are happy to extend the contracts they have insisted this must be for 12 months to guarantee that all their fixed and variable costs are met, which is an understandable approach.  It has therefore been agreed that the contracts will be extended from 1 October 2021 to 30 September 2022 and if need be, can be terminated early by KCC serving six months notice.  

Financial Implications

The contract with East Kent NHS Trust is a fixed fee regardless of activity levels and is paid in 12 equal installments.  At the point where the DA facility opens, all deceased that would normally have undergone an invasive PM will be scanned, so dependent on if and when notice is served to end the contract extension, KCC could potentially be liable for both DA scanning charges and the monthly charge for PM’s even though no PM’s will be taking place in the East Kent area.  To mitigate this scenario, the move over to DA will be phased with deaths in the East Kent area not being scanned until the contract extension comes to an end.  Based on 2020 activity levels the estimated cost of the East Kent contract extension is within the budgeted revenue cost for 2021-22.

The contract with Medway NHS Trust is based on a cost per PM, so if there are no PM’s, there are no costs to KCC.  This means that at the point where the DA facility opens, KCC will only have to meet the scan charge.    Based on 2020 activity levels the estimated costs of the Medway contract extension is within the budgeted revenue cost for 2021-22. 

Proposed Decision:

a)            Approve a programme of works to deliver a range of projects to ‘clean up’ Kent and to improve the public realm  across Kent

b)            Approve the proposed funding allocations and project development arrangements required to support and deliver the programme; and

c)            Delegate authority to the Corporate Director for Growth Environment and Transport to take relevant actions, including but not limited to, entering into relevant contracts, legal arrangements or other arrangements, as necessary to implement this decision.

Background:

Kent’s Future, Our Priority’ will become Kent County Council’s new 5 Year Plan, to replace the previous strategic statement ‘Increasing Opportunities, Improving Outcomes (2015-2020)’. The Plan is structured around seven outcomes which reflect the key things that residents and businesses said were essential to a good quality of life in Kent. One of the seven outcomes is,  ‘A cleaner and greener Kent.’  

A key message from the recent public consultation was that residents care about the places they live in, they are proud of where they live, and want to protect these places by looking after the quality, maintenance and cleanliness of our physical environment, especially town centres, local streets, beaches, public rights of way and green spaces.

Options:

It was also clear from the public consultation that residents wantedthe County to be clear how it will deliver the plan. This detail is contained within the 5-Year Plan objectives including working with partners to improve the quality of Kent’s public realm.  It is intended that a range of physical improvements will be developed, in conjunction with local stakeholders to reflect different priorities  but will be targeted at cleaning up and improving the quality and appearance of the public realm.

Proposed Decision:

·         Kent County Council be the administration and funding decision authority for the £5.3m allocation from SELEP’s Growing Places Fund;

·         KCC draws down capital funds of £5.3m from the Growing Places Fund;

·         KCC makes available loan finance of up to £5.3m from the Growing Places Fund to support works at Discovery Park to build a spine road and associated infrastructure to enable the building of 500 new residential homes;

·         Authority be delegated to the Director of Economic Development to take appropriate actions, including but not limited to, entering into legal agreements as necessary to implement this decision.

Provided that:

1.    Kent County Council is able to agree a satisfactory loan agreement from Essex County Council as the accountable body for SELEP’s Growing Places Fund; and

2.    The receipt of a satisfactory application for loan finance for the works at Discovery Park subject to the rules of the Growing places Fund and the findings of an independent financial appraisal.

Background:

KCC shall invite applications for loan finance of up to £5.3m for infrastructure at Discovery Park. This £5.3m will be obtained from the Growing Places Fund (GPF), which is administered by the South East Local Enterprise Partnership (SELEP). Applications will then be appraised and considered through the same process as that which is currently used to determine applications for loans from the Kent and Medway Business Fund (KMBF). This means that any application will be required to submit a full business plan, be subject to independent appraisal and be considered by the KMBF Investment Advisory board before a decision is made by KCC. The owners of the Discovery Park site are aware of this proposed process and we anticipate that an application will be forthcoming when the process is launched. In parallel with this process, KCC shall seek to enter into a loan agreement with Essex County Council (the Accountable Body for GPF). These terms have been discussed with Essex County Council and have received an in-principle agreement. However, they will need to be formalised when an agreement to lend to a borrower have been reached.  

Options (it is a legal requirement (2012 Executive Arrangements regulations) to outline other options considered)

The alternative would be for Kent County Council not to act as an agent for SELEP for the £5.3m Growing Places Fund loan. There is no evidence that this would be a more effective way of achieving the outcome of securing investment in Discovery Park, and there is a risk if the funding allocation is returned to SELEP that it is no longer ring-fenced for investment in Discovery Park or the wider Kent area.

Approval to the Director of Infrastructure to progress with and enter into the necessary documentation to complete the disposal of the aforementioned property in consultation with the Cabinet Member for Corporate and Democratic Services. The Decision will seek legal agreements to be actioned to complete the sale of the relevant properties.