26/09/2022 - 22/00090 - Procurement of Interpreting and Communication Services for People who are D/deaf and Deafblind

Proposed decision:

 

Procurement of Interpreting and Communication Services for People who are D/deaf and Deafblind and delegation of authority to the Corporate Director Adult Social Care and Health to take relevant actions to facilitate the required procurement activity.

 

Reason for the decision:

 

Kent County Council’s (KCC) statutory responsibilities under The Care Act 2014, Equality Act 2010 and the Accessible Information Standard 2016 are partly met through an Interpreting and Communication service for People who are D/deaf or Deafblind. The framework contract provides a list of pre-vetted and approved communication professionals that interpreting and translation services can be purchased from as and when required. The framework commenced in June 2019 and will expire in June 2023. New contractual arrangements for purchasing these communication services need to be in place by 17 June 2023.

 

How the proposed decision meets the objectives of “Framing Kent’s Future”:

 

This decision supports the delivery of the corporate equality objective to ensure ‘council information and services are accessible for everyone’ identified in Framing Kent’s Future – Our Council Strategy 2022-2026, and of the Adult Social Care strategy, Making a difference every day, by offering a person-centred approach to accessing communication support to people who need it.

 

 

Options considered and discounted:

 

Option 1 - Do nothing

This would pose risks to the council in terms of control over costs, service quality and inconsistent service provision

 

Option 2 - Commission managed interpreting services from a single provider

This option has been discounted due to the lost opportunity to develop relationships with and support local interpreters, and the potential to lose control over quality and interpreter availability.

 

Option 3 - Commissioning D/deaf interpreting services from an external provider via an existing Framework

National frameworks do not guarantee the provision of qualified interpreters, and research suggests this type of framework directly leads to a poor service to users which in turn increases the demand on social services e.g., poor interpreting can lead to people not understanding the issue and the person may require additional support from health and social care providers

 

Decision Maker: Cabinet Member for Adult Social Care and Public Health

Decision due date: Not before 21/09/2022

Division affected: (All Division);

Lead officer: Simon Mitchell

Notice of decision: 13/09/2022

Anticipated restriction: Open


26/09/2022 - 22/00082 - Community Mental Health and Wellbeing Services Contract Award

Proposed decision:

 

Award contracts for the Community Mental Health and Wellbeing Service for a period of three years from 1 April 2023 with a two-year (24 months) extension option, to the successful bidders identified as part of the procurement process.

 

Delegate authority to the Corporate Director Adult Social Care and Health, after consultation with the Cabinet Member for Adult Social Care and Public Health and the Corporate Director for Finance, to agree the relevant contract extensions as required.

 

Delegate authority to the Corporate Director Adult Social Care and Health to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

 

Background:

 

The current Community Mental Health and Wellbeing Service Contract expires automatically on 31 March 2023. Following a successful procurement process there will be preferred providers to award a new Community Mental Health and Wellbeing Service Contract to, starting from 1 April 2023. The new contract will be for a maximum of three years with a two-year extension option.

 

The Contract is jointly commissioned by Kent County Council Adult Social Care and Public Health, Kent and Medway Integrated Care Board (K&M ICB – Formerly known as Kent & Medway Clinical Commissioning Group) and Medway Council. Medway Council will only be contributing funding for the following service element; The 24-7 Telephone and Online Support Service (Release the Pressure helpline).

 

The Community Mental Health and Wellbeing Service plays a vital role in ensuring the effective and timely provision of preventative and recovery mental health and wellbeing services and can help meet key priorities:

 

·   Promote independence, social inclusion and improved quality of life

·   Prevent/reduce admissions to emergency and urgent care

·   Reduce the number of people entering secondary mental health care

·   Reduce suicides

·   Reduce levels of homelessness

·   Improve economic wellbeing and reduce unemployment rates

·   Respond to the high activity and complexity needs of clients living in the community and avoid need for care home admissions

·   Provide more holistic solutions and reduce care packages

·   Improve mental health and wellbeing

·   Play a key role in the delivery of early intervention and prevention strategies.

 

 

Financial Implications:

 

The Contract length will be three years with a two-year extension option. The table below outlines the costs to Adult Social Care and Public Health for the initial 3 years and extension option.

 

Table 1: Contract costs to Adult Social Care and Public Health (Initial 3 years and extension options)

 

Public Health

Adult Social Care

Initial 3-Year Contract Term

£6,757,945.50

£9,232,609.50

2 Year Optional Extension Period

£4,505,297.00

£6,155,073.00

Total (Initial 3-Year Contract Term + 2 Year Optional Extension Period)

£11,263,242.50

£15,387,682.50

 

The above contract values can be funded within the approved budget.

 

Table 2: Contract costs for Kent and Medway Integrated Care Board (formerly Kent & Medway Clinical Commissioning Group)

 

Kent & Medway ICB (formerly Kent & Medway CCG)

Initial 3-Year Contract Term

£4,466,511.00

2 Year Optional Extension Period

£2,977,674.00

Total (Initial 3-Year Contract Term + 2 Optional Extension Period)

£7,444,185.00

 

The service will include an annual inflationary uplift.

 

There is an objective to move towards equal funding levels from KCC and K&M ICB. To achieve this, it was recommended K&M ICB commit to funding the additional inflationary annual uplift (estimated to a minimum of 2%). K&M ICB has formally approved this recommendation.

 

Medway Council’s contribution towards the 24-7 Telephone and Online Support Service (Release the Pressure helpline) will be £22,850 annually.

 

 

Decision Maker: Cabinet Member for Adult Social Care and Public Health

Decision due date: Not before 28/09/2022

Division affected: (All Division);

Lead officer: Sharon Dene

Notice of decision: 30/08/2022

Anticipated restriction: Part exempt  - view reasons


26/09/2022 - 22/00081 - Integrated Community Equipment Service

Reason for the Decision:

 

The current Integrated Community Equipment Service contract is due to expire on 30 November 2022 and new arrangements need to be in place by 1 December 2022.

 

There is opportunity to design a service that meets the needs of local populations, promotes choice and retains equity of service provision.

 

The new service will be integrated with health and social care and based on the Making a Difference Everyday (MADE) approach. It will align to the new Strategic Direction principles including Self-Directed Support.

 

A contract extension of the current service for 16 months will provide the time needed to undertake the service re-design.

 

Consideration was also given to service re-procurement with small efficiency changes, and this would have enabled re-procurement within the time limit of the current contract, however rising demand and costs of logistics and raw materials are driving up service costs and it was agreed that a service re-design was needed to ensure future sustainability.

 

The new service model will align to the priorities of ‘‘Framing Kent’s Future – Our Council Strategy 2022 – 2026’ and will: -

 

·         Narrow the gaps in outcomes between different parts of Kent with a particular focus on providing the right type of equipment to improve life in deprived communities.

·         Harness digital connectivity to ensure people are aware of all their options and have access to all the equipment and services they need and want.

·         Contribute to the Net Zero targets, by exploring options to reduce the carbon footprint of the service.

·         Manage future demand and resource challenges facing the service to ensure it continues to support people to lead the lives they want to live in the future.

 

Financial Implications:

 

The annual budget for this service has steadily increased since the contract inception with annual growth from c£9m to £15m net to the indicated levels in the below table:

 

 

 

2021/ 2022

Annual Budget

KCC Adults

KCC Other

Joint

Health only

15,451,934

2,511,379

519,213

3,036,510

9,384,831

 

KCC receive funding from the NHS Kent and Medway Integrated Care Board (formerly the Kent and Medway Clinical Commissioning Group) for 2 posts linked to the management of this contract. They have also agreed to contribute £50,000 to the re-procurement costs.

 

The combined health and social care cost of extending the current service for 16 months until 31 March 2024 would be circa £20,602,578 million based on current spend 2021/22. KCC’s proportion of this is likely to be in the region of £6,062,462 based on current spend 2021/22.

 

Commissioners are working with the current provider on early cost efficiency schemes to address the risk of rising costs during the contract extension period.

 

Decision Maker: Cabinet Member for Adult Social Care and Public Health

Decision due date: Not before 04/10/2022

Division affected: (All Division);

Lead officer: Sharon Wilcock

Notice of decision: 05/09/2022

Anticipated restriction: Open


21/09/2022 - 22/00080 - Provision of temporary premises to enable Chilmington Green Secondary School to open off-site in September 2023

Proposed decision:

 

(a)  Authorise funding of up to £2,900,000 from the Children’s Young People and Education Capital Budget to enable Chilmington Green Secondary school to open off-site from September 2023.

 

(b)  Delegate authority to the Director of Property and Infrastructure to take necessary actions, including but not limited to entering into necessary contracts or taking other legal actions as required, to implement the decision.

 

Background:

 

The Commissioning Plan for Education in Kent has long identified the strategic solution to the secondary school needs of Ashford to be the provision of a new secondary school at Chilmington Green. This development, consent for 5,750 new homes, provides a site for a new secondary school and, over time, £22.5m of contributions. 

 

The Department for Education (DfE) has, in principle, included the new school in its “wave programme” and has appointed United Learning Trust (ULT) to be the school sponsor.  The DfE has secured planning permission for the school (June 2022).

 

KCC’s aspiration had been to have the new school opened in September 2021. Due to delays in getting the site transferred to KCC with all the infrastructure in place, it is unlikely that the school will be open on the permanent site until Easter 2024 at the earliest, but this could be delayed further with up to two years of off-site provision being required.

 

Currently there are two off site options available:

 

The Former Ashford South Primary School, Jemmett Road, Ashford

 

Or

 

The Former Linden Grove Primary School, Stanhope Road, Ashford

 

The high level costs for refurbishing the school sites and insuring that there is sufficient provision for up to two years is as follows:

 

Ashford South: £2,525,557  (Year 1: £1,201,884, Year 2: £1,323,673.59)

 

Linden Grove: £2,909,668 (Year 1: £2,384,655, Year 2: £525,013 )

 

 

Subject to final approval by the Secretary of State for Education, the DfE is willing to approve the opening of the school from September 2023 and to progress the build of Chilmington Green Secondary School, if KCC provides and funds any temporary accommodation needed by the school prior to its new, permanent buildings being occupied.

 

There is an urgent need to provide secondary school places in Ashford Town non-selective schools in September 2023 and September 2024.  Existing schools have all been admitting further pupils and cannot continue to do so without significant additional investment, and there are no guarantees suitable solutions can be delivered. 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 28/09/2022

Division affected: Ashford Rural West;

Lead officer: David Adams

Notice of decision: 30/08/2022

Anticipated restriction: Open


20/09/2022 - 22/00093 - Carers Short Breaks Service - Direct Award

Proposed decision:

Approve a Direct Award contract for a period of twelve months for Carers’ Short Breaks, from 1 April 2023 to 31 March 2024, in accordance with the relevant justifications set out in Regulation 32 of the Public Contract Regulations 2015 and delegate authority to the Corporate Director Adult Social Care and Health to take relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

 

 

 

Reason for the Decision:

Kent County Council has a statutory responsibility under The Care Act 2014 to deliver access to support and information for unpaid Carers, older people (over 55 years) and people with complex issues/frailty (under 55 years). The Council meets this duty through the provision of its Carers’ Short Breaks Services.

 

The Carers’ Short Breaks Contract commenced in April 2018, as an initial interim contract. It is currently in an extension period via a previous Decision to Direct Award. Following this decision, the contract is currently due to end on 31 March 2023. There are currently no provisions to extend this contract. The proposals for an additional one-year contract with the incumbent provider via a Direct Award, to run from 1 April 2023 to 31 March 2024, will allow time for Commissioners to explore options for the future recommissioning strategy for this service from April 2024.

 

Kent County Council has recently completed significant engagement in developing and launching a new Carers Strategy, setting the strategic direction for Carers Support for the next five years. The Kent Carers’ Strategy 2022-2027 ensures a commitment to working together to ensure essential roles are valued, supported and people’s lives maintained and valued.

 

 

The proposed decision supports the New Models of Care Support priorities of ‘‘Framing Kent’s Future – Our Council Strategy 2022 – 2026’ of:

·         reshaping 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

·         seizing the opportunity of integrating our planning, commissioning and decision making in adult, children’s, and public health services through being a partner in the Kent and Medway Integrated Care System at place and system level

 

 

In consideration of this proposal the following options were considered and discarded:

 

·         Option 1: Direct Award the contract for 12 months

·         Option 2: Reprocure the contract within a short timeframe

·         Option 3: Split the contract into smaller geographical locations and reprocure within a short timeframe

·         Option 4: End the contract on 31 March 2023

 

In consideration of Option 4, whilst it is recognised that ending these contracts could deliver a significant saving to the Council, ending the contract was dismissed at this point for the following reasons:

 

·         Loss of current support to vulnerable people

·         People accessing the contract may fall into crisis resulting in a high financial pressure on Kent County Council operational services (negates possible benefit of saving on the contract value)

·         Increased isolation and loneliness to unpaid Carers.

·         Statutory duties non-compliance under the Care Act 2014.

 

Splitting the contract into smaller geographical locations (Option 3) and reprocuring within a shorter timeframe was dismissed, owing to a lack of clarity as to funding without scope of the redesign, long term Integrated Care Board (ICB) funding sustainability, workforce implications, and the additional pressures on Adults Strategic Commissioning resource.

 

Option 2 was disregarded owing for similar reasons to Option 3.

 

Decision Maker: Cabinet Member for Adult Social Care and Public Health

Decision due date: Not before 19/10/2022

Division affected: (All Division);

Lead officer: Simon Mitchell

Notice of decision: 20/09/2022

Anticipated restriction: Open


20/09/2022 - 22/00092 - Community Navigation Services Contract Extension

Proposed decision:

Agree to use the first of the two, one-year contract extension options to extend the current Community Navigation Services Contracts for a period of 12 months, from 1 April 2023 to 31 March 2024, delegate authority to the Corporate Director Adult Social Care and Health to use the second one-year contract extension option (1 April 2024 to 31 March 2025) should it be required and delegate authority to the Corporate Director Adult Social Care and Health to take relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

 

 

Reason for the decision:

 

Kent County Council has a statutory responsibility under The Care Act 2014 to meet the needs of people who are 18 years or older, identifying as unpaid Carers, older people who are frail and vulnerable, and those who are under 55 years of age who are frail and vulnerable. Kent County Council meets this duty through the provision of the Community Navigation Services. The Community Navigation Services Contracts are jointly funded by Kent County Council (Adult Social Care) and the NHS Kent and Medway Integrated Care Board (formerly the Kent and Medway Clinical Commissioning Group).

 

The current Community Navigation Services Contracts commenced in April 2019, for an initial four-year period, with the fourth year ending on 31March 2023. There is provision within the current contract to extend for two single year periods.

 

The following options were considered and discarded

·         Extend for 24 months

·         Reprocure the contract within a short timeframe

·         End the contract on 31 March 2023

 

While it is recognised that ending these contracts could deliver a significant saving to the Council, ending the contract was dismissed at this point for the following reasons:

·         Potentially increase the number of vulnerable adults, older people and carers becoming isolated and lonely, with the potential to therefore increase demand on health and social care services.

·         There is a Social Prescribing and Navigation Strategy being developed, and the outcome and direction set for these services through that Strategy should in some way determine the future of these services.

 

Procuring the contracts within a short timeframe, by April 2023, was dismissed due to the strategy development underway.

 

Extending the current Community Navigation Service Contracts, for which there is provision, is the recommended option. This allows for the Kent Social Prescribing and Navigation Strategy to be developed and published, setting the future direction for these services, with the potential to align health and social care funding in the future. It also sustains the current provision to allow further analysis of demand post COVID.

 

The proposal to seek approval to use both the existing contract extensions (for the two single years) at this point allows for flexibility in the event of any delays in the development of the Kent Social Prescribing and Navigation Strategy, or delays in recommissioning the service and will ensure that the Council continues to meet its statutory responsibility under The Care Act 2014 to meet the needs of people who are 18 years or older, identifying as unpaid Carers, older people who are frail and vulnerable, and those who are under 55 years of age who are frail and vulnerable.

 

 

The proposed decision supports the New Models of Care Support priorities of ‘‘Framing Kent’s Future – Our Council Strategy 2022 – 2026’ of :

 

  • reshaping 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

 

  • seizing the opportunity of integrating our planning, commissioning and decision making in adult, children’s, and public health services through being a partner in the Kent and Medway Integrated Care System at place and system level

 

Decision Maker: Cabinet Member for Adult Social Care and Public Health

Decision due date: Not before 19/10/2022

Division affected: (All Division);

Lead officer: Simon Mitchell

Notice of decision: 20/09/2022

Anticipated restriction: Open


20/09/2022 - 22/00086 - Fastrack Electrification and ZEBRA Commission

Proposed decision(s):

 

The Cabinet Member for Highways and Transport to:

 

(a)     grant permission to procure contracts required to implement the electrification of Fastrack Bus Services in Kent, including the roll-out of environmentally friendly infrastructure across the Fastrack bus networks; and

 

(b)     grant permission for contract award decisions (including the award of any future contract extension(s)) relating to these contracts to be taken by the Corporate Director of Growth, Environment & Transport under the Officer Scheme of Delegations following prior consultation with the Cabinet Member:

 

1.    Electric Fastrack Bus Services to operate the future electric Fastrack bus networks:

 

(a)  Fastrack Kent Thameside network effective from 2024.      

(b)  Dover Fastrack network (pending completion of infrastructure works already in progress).

 

2.    Electric Bus Charging Solutions to power the new zero emission electric bus fleet(s) including:

 

(a)  Electric Vehicle Charging Systems (including design, supply, installation, repair, and maintenance services)

(b)  Electricity Supply.

 

3.    Environmentally focused Bus Shelter Services for the repair and maintenance of bus shelters including the phased replacement of existing bus shelters with pollinator-friendly living roof bus shelters.

 

4.    Real Time Information (RTI) Display Services providing real time passenger information and media advertising at bus shelters.

 

None of the above require contribution from KCC and would be entirely funded by the service farebox, grants and third-party contributions such as housing developers.

 

Reason for decision:

 

Gross expenditure or Savings of more than £1m.

 

Background:

 

Fastrack is Kent County Council’s Bus Rapid Transit (BRT). The service provides fast, reliable, and affordable transport across Kent Thameside. The service model will be emulated in Dover from 2023. The success of Fastrack is premised on faster point to point journey times through enhanced bus priority measures. There is a direct correlation between journey time and uptake. Fastrack is believed to be the first high frequency bus service in the UK to return to (and surpass) to pre-Covid usage levels.

 

Launched in 2006, Kent Thameside comprises of several new and existing housing developments and business units around Dartford, Ebbsfleet and Gravesend. The Fastrack network in Kent Thameside connects communities to Bluewater shopping centre, a hospital, local town centres and national and international rail stations. Fastrack runs at least every 12 minutes at peak times and is Kent’s only 24/7 bus service. Fastrack was implemented by KCC as a tool to enable local ‘Growth Without Gridlock.’

 

Contractually, Fastrack is unique. Outside of London, financially viable services are normally operated directly by commercial operators without direct subsidy from local authorities. Whilst Fastrack is commercially viable, due to its strategic importance to the Kent road network, and heavy reliance on enhanced highway infrastructure, it is controlled and contracted by KCC. Fastrack generates an income to KCC and these monies are directly reinvested in maintaining and enhancing the network infrastructure.

 

Next year, a new Fastrack network will launch in Dover and the service will connect the town centre, with its High Speed 1 rail link, the Port of Dover (via interchange), and new housing developments around the suburb of Whitfield. The network will connect local communities with their amenities, places of work and commuter rail, but also key tourist markets with the historic Dover Castle and White Cliffs attractions and international travellers heading to France.

 

In 2021, Kent County Council submitted a successful bid to Department for Transport (DfT) funding towards electrifying our Fastrack networks. Comprising of 33 buses and the supporting infrastructure, ZEBRA (Zero Emission Bus Regional Areas) cover 75% of the cost difference between an electric bus and the equivalent diesel bus. The fund also covers 75% of the capital infrastructure costs.

 

As part of the next generation of Electric Fastrack and zero emission operation, KCC’s ambition is to also procure a preferred supplier for future bus shelters. Seeking a ‘living roof design and next generation Real Time Passenger Information (RTPI).

 

 

Options (other options considered but discarded):

 

1.    Continued use of diesel buses with existing operator for Kent Thameside Fastrack. Considered operationally more expensive and contradicts KCC strategic plan. This would be anti-competitive and not test best value.

 

2.    Excluding Dover Fastrack from DfT ZEBRA. Without ZEBRA this new service would move forward with diesel buses and not meet the ambitions for Fastrack to become a net zero operation.

 

3.    Let the bus operators resolve the charging infrastructure. Due to the implementation costs and timescales involved. As contracted services, it is vital that the transference of charging equipment is possible in the future. The infrastructure also represents future revenue opportunities for KCC.

 

4.    Retain the existing bus shelter. The shelters are the ‘shop window’ of Fastrack and must be a continuation of the premium brand. The existing infrastructure is reaching the end of its useful life and furthermore, a preferred supplier needs to be identified for new shelters as the network expands, particularly in new developments where KCC commonly receives the funding directly to implement new shelters.

 

How the proposed decision meets the challenges in Framing Kent’s Future:

 

The decision supports:

 

Infrastructure for Communities – ensuring people have access to safe and efficient travel options

 

Environment Step Change – developing approaches to public transport and electric vehicle infrastructure for more sustainable and low carbon travel modes.

 

·         Financial – The proposed service structure is forecast to create a greater income for KCC.

 

·         Economic – The electrication of Fastrack and replacement of bus shelters will attract new green infrastructure investment to Kent, along with it, new skills, and jobs.

 

·         Demand – The contractual structures will be nimble and able to move with service demand in either direction.

 

·         Partnership – The longevity of the contracts will create new long-term partnerships and encourage investment in Kent.

 

·         Environmental – tackling the climate emergency and protecting the natural environment continues to be an urgent priority for Kent, as well as investing in the built environment and creating communities to be proud of. Fastrack is already a community asset and these contracts will create a new generation of a ‘zero emission’ Fastrack.

 

Financial Implications:

 

Fastrack is self-funding and is requesting no additional funding from KCC but to underwrite certain elements of risk.

 

1.     Electric Fastrack Bus Services:

(a)  Kent Thameside – For the Kent Thameside service, the operator is proposed to be paid a (performance measured) fixed annual fee with the fare and advertising revenue returning to KCC. This is forecast to yield KCC a healthy return. However, there is a risk to KCC that costs could outstrip revenue throughout the duration of the contract leaving KCC liable for the difference. Careful monitoring and contractual clauses are planned to enable the service to continuously be ‘right-sized’ to mitigate this risk. It should be noted that KCC will be required to regularly review and adjust fares to sustain affordability. Once the proposed tender concludes, KCC would review price submissions against the latest forecast revenue before making an award. The contract will be multi-million-pound contract annually.

 

2.    Dover – None. Fastrack Dover is anticipated to be a ‘zero value’ contract, yielding KCC and departure fee income from the operator. Electric Bus Charging Solutions: The cost of the infrastructure is forecast to be entirely within grant monies and service funding already secured. The cost of the energy and ongoing maintenance is factored within the service costs and anticipated revenues.

 

3.    Bus Shelter Services: New shelters and maintenance would be funded entirely from the service budget, grants, and development contributions as is the current arrangement.

 

4.    Real Time Information (RTI) Display Services: New RTI displays and maintenance would be funded entirely from the service budget, grants, and development contributions as is the current arrangement.

 

Decision Maker: Cabinet Member for Highways and Transport

Decision due date: Not before 28/09/2022

Lead officer: Shane Hymers

Notice of decision: 30/08/2022

Anticipated restriction: Open


20/09/2022 - 22/00087 - Kent Minerals and Waste Local Plan 2023-2038

Proposed decision:

 

Following consultation on the refresh of the adopted Kent Minerals and Waste Local Plan 2013-2030 to agree to:

 

(i)      Approve and publish for public consultation (Regulation 18) a draft updated Kent Minerals and Waste Local Plan covering the period 2023-2038;

 

(ii)     prepare an update of the Mineral Sites Plan for Kent in respect of hard rock;

 

(iii)   undertake a ‘Call for Sites’ to support the Minerals Sites Plan work;

 

(iv)   a revised Local Development Scheme (timetable) for the Local Plan work reflecting the above;

 

(v)    the draft Site Selection Methodology to be used in assessing the suitability of sites as part of the Mineral Sites Plan work; and

 

(vi)   delegate to the Corporate Director of Growth, Environment and Transport  the authority to approve any non-material changes to the draft Kent Minerals and Waste Local Plan 2023- 2038 and the Site Selection Methodology in consultation with the Cabinet Member for Environment prior to their publication for consultation.

 

 

Reason for decision:

 

The County Council has a statutory responsibility to plan for future minerals supply and waste management within Kent as set out in the Planning and Compulsory Purchase Act 2004, 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, prepared in accordance 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, with changes made to a limited number of policies in 2020 resulting from an ‘Early Partial Review’.  This along with the Kent Mineral Sites Plan 2020 currently 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 KMWLP 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 five years. This is to ensure that the policies remain relevant, conform to national policy and guidance and satisfactorily address the needs for waste management and mineral supply. Work on the KMWLP review commenced in 2021 and involved an assessment of the 2016 policies that were not revised as a result of the 2020 Early Partial Review work. As a result of the review work, revisions were proposed to the adopted KMWLP including changes to its Vision, Strategic Objectives and policies 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 were prepared. These changes were subject to public consultation from December 2021 to February 2022.

 

Comments received as a result of public consultation addressed a wide range of planning considerations including the need to extend the Plan period to cover a 15 year period to meet NPPF requirements. This would move the end date of the Plan period from 2030 to 2038. The key consequence of changing the plan period relates to the amount of land won aggregate that needs to be planned for. Assessment of recent data on aggregate sales and permitted reserves indicates that additional reserves will be needed to ensure the required steady and adequate supply of aggregate (hard rock)  is maintained over the plan period. As the Mineral Sites Plan, adopted in 2020, includes site allocations that allow for provision up until 2030, additional allocation(s) need to be identified for inclusion in a revised Mineral Sites Plan that will meet the requirements of the extended plan period. It is therefore proposed to prepare an update of the Mineral Sites Plan for Kent in respect of hard rock alongside the update to the Kent Minerals and Waste Local Plan.

 

The first task in updating the Mineral Sites Plan is a “Call for Sites” process in which operators and land-owners are invited to submit sites for consideration. These sites are then assessed for their suitability for potential allocation for mineral extraction using a Site Selection Methodology. A similar methodology was employed during the preparation of the adopted Mineral Sites Plan and has been updated to reflect current legislation and planning policy.

 

Further changes to the KMWLP are proposed in light of the comments received and it is now proposed to publish the revised KMWLP for a further period of public consultation in accordance with Regulation 18 of the Regulations before a final draft is prepared. Ultimately, prior to their adoption, Local Plans must be found both legally compliant and sound by an independent planning inspector. To be sound Local Plans must meet the tests of being positively prepared, justified, effective and consistent with national policy.

 

The Regulations require local plan making work to be undertaken in accordance with a published timetable or ‘Development Scheme’. The timetable for the KMWLP is set out in the Council’s Minerals and Waste Development Scheme (MWDS).  The most recent MWDS was considered by the Environment and Transport Cabinet Committee (ETCC) and agreed by the Cabinet Member in January 2021.  It anticipates publication of a final draft revised KMWLP for representations on its legality and soundness (in accordance with Regulation 19 of the Regulations) in September 2022.  In light of the above, an updated MWDS is needed that reflects the need for a further Regulation 18 consultation and the process of updating the Mineral Sites Plan.

 

As well as the updated KMWLP and MWDS, the following is to be reported to the Environment and Transport Cabinet Committee for its consideration:

  • Summary of comments received during the public consultation on the refreshed KMWLP and the Council’s proposed response; and,
  • A draft Site Selection Methodology for use in identifying suitable sites for allocation in the revised Mineral Sites Plan.

 

 

This Executive Decision addresses: The approval for public consultation (Regulation 18) of an updated KMWLP covering the period 2023-38; the preparation of an updated Kent Mineral Sites Plan allocating a new hard rock site(s); approval to undertake a ‘Call for Sites’ to support the Minerals Sites Plan work; to agree the Site Selection Methodology for the assessment of promoted mineral sites; and to agree an updated MWDS.

 

 

How the proposed decision supports Framing Kent’s Future :

 

The KMWLP delivers the Council’s adopted mineral and waste planning strategy and policies and is essential to the effective determination of planning applications for minerals and waste development in Kent. The KMWLP follows national planning policy and guidance but importantly provides a local perspective.  It supports the County Council’s strategic strategy, Framing Kent’s Future 2022-2026, which sets the Council’s priorities for the next 4 years.  In particular, the mineral and waste Vision, Strategic Objectives and planning policies help facilitate the key strategic priorities of an Environmental Step Change and Infrastructure for Communities by supporting the delivery of sustainable growth in Kent’s economy. The KMWLP recognises Kent’s environment as a core asset and seeks to adapt to, and mitigate the impacts of climate change and assist in the delivery of net zero objectives. The proposed revised KMWLP will reflect recent changes to the environmental agenda including mitigation and adaptation to Climate Change and Kent’s Climate Change Statement, the Circular Economy, biodiversity and measures to support covid recovery. In addition, the proposed policies support the protection and creation of a high-quality environment, with accessible local services that reflect the community’s needs.

 

 

Decision Maker: Cabinet Member for Environment

Decision due date: Not before 28/09/2022

Division affected: (All Division);

Lead officer: Sharon Thompson

Notice of decision: 30/08/2022

Anticipated restriction: Open


20/09/2022 - 22/00085 - Moving Traffic Enforcement Contract (Traffic Management Act 2004: Part 6)

Proposed decision:

 

Approval to enter into appropriate contractual arrangements for the provision of the Moving Traffic Enforcement contract, including any possible future extensions. A report will be taken to ETCC on 8th September 2022 to make this request.

 

Reason for the decision:

 

KCC has been designated the powers to enforce moving traffic contraventions such as driving through a ‘no entry’ sign, or on routes meant for buses only,under civil law, as a last resort when all reasonable engineering steps have been taken to design out driver non-compliance.  Market engagement has shown that an end-to-end package would fully deliver the required service with minimal risk to KCC.  Procurement of the service is now required, and the Cabinet Member is being asked to delegate authority to the Corporate Director of Growth, Environment and Transport to award the contract.

 

Background:

 

Part 6 of the Traffic Management Act 2004 allows the highway network to be more effectively managed by the Highway Authority, allowing the civil enforcement of a variety of moving traffic contraventions in line with national standards.  For many years these moving traffic contraventions have been enforced by the police under criminal law, as Part 6 had not been through the required parliamentary process.  In September 2020, the Department for Transport (DfT) announced that they would be fully enacting the remaining elements of the Traffic Management Act.  KCC applied to the Secretary of State for these powers earlier this year, and on 15th July 2022 KCC was granted the Designation Order.  Enforcement would be undertaken using CCTV cameras to only capture footage of non-compliant vehicles and their registration plate, resulting in a Penalty Charge Notice (PCN) being issued by post to the vehicle owner.  This will be £70 unless paid within 21 days, where it would be £35

 

It is important to note that as Part 6 of the Traffic Management Act 2004 gives KCC brand new powers which have not been available to any Local Authority (outside of London) before, benchmarking and comparisons to other similar contracts, processes or predicted effectiveness has proven unproductive.

 

Options:

 

There are no existing contracts in place that give KCC access to the necessary DfT certified hardware and processing infrastructure for Moving Traffic Enforcement and any resultant Penalty Charge Notices (PCNs).  Three scenarios have been considered as part of the assessment process:

 

1.    Do nothing

If KCC do not undertake the procurement exercise to enter a contractual arrangement with a CCTV supplier and enforcement partner, it will not be fulfilling the statutory obligations of the 2004 Traffic Management Act to better manage vehicles on its road network.

 

Through the designation order, moving Traffic Enforcement has formally become the responsibility of the designated local highway authority (KCC).  Kent Police are therefore no longer solely obliged to deliver enforcement of moving traffic offences.

           

Doing nothing would vastly reduce the tools available to KCC to improve safety, tackle congestion, improve public transport etc.

 

2.    Do minimum

This scenario would mean KCC undertaking a procurement exercise to enter into a contractual arrangement with a CCTV supplier and enforcement partner for only the 7 sites submitted in the DfT application process, and not expanding the number of sites enforced beyond that.

 

It is felt that this option does not conform with the DfT’s rationale for the implementation of Part 6 of the TMA.  It would not meet KCC’s strategic aims to drive improvements across the whole of the Kent road network.  KCC would not be making good use of all available tools to manage the network effectively.  The impact of this would be an ongoing back office system which may not be financially sustainable.

 

3.    Do something

This scenario would mean KCC procuring a supplier that can assist in the delivery of approximately 50 sites being enforced by the end of the 5-year contract. 

 

Seven sites have already been assessed (as a requirement of the DfT application to take on these powers), and a further 54 sites have been put forward by KCC teams, Members, Borough Council officers and members of the public to date. This list is constantly growing, which shows the level of need and enthusiasm for these powers to be fully utilised by KCC in order to better manage the road network.

 

This is the preferred option, as it would enable KCC to tackle the well-established issues of inconsiderate HGV routing, traffic control around the channel ports, and more effective working with National Highways on the local and strategic road network.

 

Widespread enforcement of moving traffic offences would see success at many sites, collectively resulting in an improved road network.

 

 

Market Engagement:

 

A thorough market engagement exercise has confirmed the feasibility of two approaches to the infrastructure’s procurement:

1.            An end-to-end solution from a single provider (Camera supplier, PCN system issuer & debt recovery); or

 

2.            Segmenting the system components into three separate delivery packages/contracts.  Owing to the risk related to system failures and component linkage issues, the former has been chosen as the most durable option for the required contract.

 

During market engagement it became evident that an end-to-end service contract reduces the risks to KCC, allows greater visibility of the ‘customer’s journey’ through the PCN system and makes financial accounting cleaner; a requirement from DfT.  This is therefore the preferred method of delivery.

 

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

 

The scheme supports policy objectives of Infrastructure for Communities by ensuring people have access to safe and efficient travel options, and Environmental Step Change through turning the curve on transport emissions and supporting public transport provision.

 

Financial Implications:

 

The anticipated value for this contract over a 5-year initial term is £4m. 

 

This contract gives H&T access to the certified civil enforcement infrastructure. It shall only be utilised to deploy enforcement as a last resort at locations where action is needed, where all engineering mitigation has been exhausted which is transparent, accountable, proportionate, and consistent.

 

KCCs Application for the Designation Order required a selection of enforcement sites to be proposed.  An initial outlay is required to cover the purchase of these cameras and enforcement system for the 1st tranche sites, and £200k has been secured for this from the Kent Lane Rental scheme. 

 

The funding for further locations will be determined on a site-by-site basis by the scheme promoters. Upfront costs such as consultation, design, staffing is to be found from the schemes promoters budgets.

 

Operational costs for providing an enforcement service can be ‘claimed back’ by the revenue generated by future PCNs (up to 4 years after costs have been incurred) This is also to include the issuing of Warning to Driver Notices for a driver’s first offence during the first six months of enforcement at a new site.

 

While KCC understand that London and Cardiff operate their Moving Traffic Enforcement Service with nil cost to the Authority (with some surplus). In the unlikely event that Kent cannot operate a financially efficient enforcement service, provisions will be made contractually to terminate our obligations with Suppliers in an effort to minimise our financial risk to the County Council. 

 

The proposed option is very low risk and ensures minimal liability to KCC.

Any future enforcement roll out is proposed to run at no cost to KCC: the DfT have dictated that the revenue generated by the issuing of PCNs should cover the operational costs of the business in the first instance. 

 

Any revenue is required to be deposited into a dedicated account; its balance is to be made visible to the DfT on an annual basis. The funds will be ringfenced for highway improvement projects and can only be spent on activities that are within the scope of the legislation.  One reasonable example of trying to improve compliance of a traffic restriction may be to refresh or update the signing and lining at the location in question, and surplus revenue could be spent on such a project.

 

Financial Risk: The enforcement of moving traffic offences is a new task for Local Authorities in England, which makes predicting the likely number of PCNs (and therefore income) per site very difficult.  However, Cardiff Council has had the ability to enforce for 8 years now and having started with 15 CCTV units they now have 120, generating circa £2.4m per annum. Discussions have highlighted there is likely to be a great deal of variation in yield for different types of enforcement; for example, in Cardiff a yellow box junction yielded circa 9,000 PCNs in year 1 whilst a no-entry camera yielded just 377 in the same year.  The need for a site to be enforced cannot be dependent on potential yield.  The tranche 1 sites and all subsequent sites will go through a rigorous assessment process prior to CCTV units being installed.  However, financial gain cannot be a consideration of site selection. 

 

In the highly unlikely event that the revenue generated by PCNs does not cover the outgoings beyond year 2 owing to either numerous sites with low PCN numbers, or the success of enforcement resulting in limited contraventions at monitored sites, the contract will include an exit strategy enabling termination of the contract by either party with 6 months’ notice.

 

Legal Implications:

 

As the legislative powers are being transferred from criminal law to civil law, KCC has sought legal counsel.  Discussions are ongoing.

            

Equalities implications:

 

An EqIA has been undertaken and has highlighted some negative impacts, resulting in subsequent mitigation action being taken around IT during the public engagement exercise by providing information in a wide range of formats, and with an option to request text in other languages.  Issues around paying online and suitable alternatives will be addressed with the Supplier.  Positive impacts have also been noted, such as more reliable journey times for vulnerable groups – particularly by public transport.

 

Data Protection implications: 

 

Ongoing detailed dialogue is in progress regarding the safeguarding of personal data under the GDPR tailored by the Data Protection Act 2018. CCTV technology is used to gather the required evidence to issue a Penalty Charge Notice to a Driver: this process is strictly regulated and specified by the DfT.

 

The specific CCTV image capturing technology permitted for this enforcement is also a strictly regulated market by the Driver and Vehicle Standards Agency (DVSA).  While the CCTV is always on, it does not record general daily activities at each site.  A recording is only started (for the purposes of PCN evidence packs,) when the technology detects a vehicle performing a preprogramed illegal manoeuvre.

Decision Maker: Cabinet Member for Highways and Transport

Decision due date: Not before 28/09/2022

Division affected: (All Division);

Lead officer: Chris Beck

Notice of decision: 30/08/2022

Anticipated restriction: Part exempt  - view reasons


13/09/2022 - 22/00091 - Alterations to the Academic School Year 2022-23

Proposed decision:

To alter the school academic calendar 2022-23 for local authority-maintained school to allow for the additional bank holiday on 19 September 2022.

 

Reason for Decision:

 

In England, local authority-maintained schools operating according to the School Teachers’ Pay and Conditions Document (STPCD) must open for 195 days.

 

Of these, a maximum of 190 days involve teaching children and young people. The remaining five days are non-teaching days when teachers may be asked to undertake other duties related to their role as a teacher. These are often known as in-service training (INSET) days.

 

The school term dates for Kent community, voluntary-controlled, community special or maintained nursery schools are determined by KCC and the local authority is the employer.

           

Proposal

 

In the DfE guidance National Mourning Advisory Education Guidance under section 15 - Bank Holidays, it states:

The bank holiday announcement will not mean teachers will be required to teach an additional day. The DfE will reduce the minimum number of sessions for this school year via regulations and change the definitions in the schoolteachers’ pay and conditions document for the current year.

 

In essence, teachers will teach one less day for the academic year 2022/23, down from 195 to 194 (including INSET days), or down from 190 to 189 (excluding INSET days) across 1,258.5 hours as opposed to 1,265 hours of directed time. An extra day of holiday will therefore need to be allocated by KCC as the employer.

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 12/10/2022

Division affected: (All Division);

Lead officer: Ian Watts

Notice of decision: 13/09/2022

Anticipated restriction: Open


12/09/2022 - 22/00064 - Additional funding required to complete the construction of the expansion of Whitfield Aspen Primary School (Dover) onto a satellite site

Proposed decision:

 

     I.    Authorise the allocation of £1,225,000 from the Children’s, Young People and Education Basic Need Capital budget to complete the permanent expansion of the satellite of Whitfield Aspen Primary School (Dover), thus increasing the agreed allocation from £8,265,000 to £9,490,000.

 

    II.    Authorise the Director of Infrastructure in consultation with the Director of Education and General Counsel to enter into any necessary contracts / agreements on behalf of the County Council.

 

 

Reason for the decision:

 

In May 2016, funding of £7,900,000 was agreed to support the expansion of Whitfield Aspen Primary School (Dover) on to a satellite site (Decision Number 16/00032). 

 

The intention was to open the satellite for the September 2019 academic year.  However, due to a number of reasons the satellite site was not occupied until September 2021.

 

The contract sum has been extended as a result of commercial decisions by KCC arising from:

 

  • A lengthy delay between tender and entering contract resulting from legal delay in transferring the s106 land, and not the fault of the contractor
  • Contributions by KCC to resolve unforeseen abnormals.
  • Changes to the project scope agreed in 2017, deemed necessary to deliver services to the current pupil group.
  • Additional safeguarding and security measures required by the time the School was occupied, which was more costly than had been anticipated at the design-freeze stage in 2017/2018.

 

Additionally,  the sports field was not included in the handover as a revised design was required which required the contractor to complete a section 73 planning application amendment.  Due to the level of work required to ensure that the sports field is fit for purpose, specialist sports field contractors have been engaged to tender for the works at a cost of £450,000. An additional £275,000 of capital funding was agreed via a non-key decision in August 2022 (decision number 22/00077) to enable to works on the sports field to be completed. 

 

 

Background

The expansion of Whitfield Aspen Primary School from 2FE to 3FE on a Satellite site was agreed by the Cabinet Member in 2016.  The expansion of the School being to support primary school places required within the Whitfield Urban Expansion (WUE).  This is a plan to add up to 5,750 new homes in Dover.  The WUE masterplan included provision for three new 2FE primary schools of which the Whitfield Aspen Primary School satellite would be one.

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 20/09/2022

Division affected: Dover West;

Lead officer: Lee Round

Notice of decision: 15/08/2022

Anticipated restriction: Part exempt  - view reasons


08/09/2022 - 22/00072 - Disposal of former Conningbrook Depot, Kennington Road, Ashford TN24 0LS

Proposed decision:

To authorise the disposal of the property, the former Conningbrook Depot, Kennington Road, Ashford TN24 0LS 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. 

 

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

 

Reason for the decision:

The property is surplus to the Council’s operational requirements and due to the values requires a key decision as per Kent County Council’s constitution.

 

Background:

The site is a former landscape services depot. It has been declared surplus by the Council as it is no longer required for operational purposes.

 

The Council intends to openly market the site. Advice provided from agents regarding anticipated values, indicates that a key decision is required.

 

A decision is sought to authorise 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.

 

As the property is not required for the Council’s operational purposes, the only alternative option would be to seek a tenant and gain a rental income stream from the asset.  However, this approach does not align with the Council’s investment strategy and 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 Interim 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.

 

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision due date: Not before 04/08/2022 in order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: Ashford Rural East;

Lead officer: Hugh D'Alton

Notice of decision: 06/07/2022

Anticipated restriction: Part exempt  - view reasons

Explanation of anticipated restriction:
supporting paperwork includes some commercially-sensitive information.


08/09/2022 - 22/00071 - Agreement for a lease and subsequent formal lease for new primary and secondary school at Alkerden, Eastern Quarry, Ebbsfleet

Proposed decision:

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

 

1.      authorise the taking of an agreement for a lease for a term in excess of 20 years, in order that a new primary and secondary school can be built for use and occupation with the lease term to formally commence upon completion of the new schools in 2024;

 

2.      agree that upon completion and satisfactory handover of the new primary and secondary school, Kent County Council shall take a formal lease of the new schools for a term of 999 years, commencing in 2024;

 

3.      agree that upon completionand satisfactory handover of the new primary and secondary school, and taking of a formal lease, the Director of Infrastructure is authorised to enter into a 125-year lease to the Academy Trust;

 

4.      note that the main heads of terms for the leases are already agreed and recorded within a section 106 agreement which Kent County Council is already a party to; and

 

5.      authorise the Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, to take necessary actions, included but not limited to entering into relevant contracts or other legal agreements, as required to implement this.

 

Reason for the Decision:

Proposed taking of an agreement for a lease and formal lease over 20 years requires a key decision in accordance with the County Council’s Property Management Protocol.

 

The agreement for a lease will need to be completed within the current financial year in order that a contract to build the new schools can be entered into to deliver the schools for 2024.

 

Background:

Kent County Council (KCC) entered into a section 106 agreement with numerous third parties on 28 March 2018, for the provision of a new primary and secondary school within the Eastern Quarry Development.  KCC has previously entered into section 106 agreements for the provision of two other primary schools within the development; one school has been built and opened (Cherry Orchard Primary School) and the other school is to be built at a future date.

 

In accordance with Schedule 7 of the 2018 Agreement, the developer is required to build a new primary and secondary school at Alkerden, and upon practical completion of the buildings, grant a 999-year lease of their use and operation.

 

Members should know that following a competition, as required by the Department for Education, Kent County Council determined both the provider and that the primary and secondary provisions would operate as an ‘All-Through School’.

 

In order that the developer can proceed with issuing a building contract for the development of the new School, it requires the KCC to commit to the taking of a 999-year lease by first entering into an agreement for a lease, with a view to granting the formal 999-year lease upon completion / handover of the new school.

 

Subsequently, KCC would grant a 125-year lease to the Academy Trust.

 

Options Considered:

No other options were considered as KCC are already legally bound under the terms of the 2018 agreement to enter into the 999-year lease.  KCC could consider seeking a formal variation to the 2018 agreement not to enter into the lease, but this is not considered necessary as there is demand for the new schools to be delivered and open at this location in 2024.

 

How the proposed decision supports the Interim Strategic Plan:

The decision supports Outcome 2 (Securing sustainable infrastructure) and Outcome 6 (Opportunities for Children and Young People).

 

 

 

 

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision due date: Not before 04/08/2022 in order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: Dartford Rural;

Lead officer: Andrew White, James Sanderson

Notice of decision: 06/07/2022

Anticipated restriction: Open


06/09/2022 - 22/00078 - Special Educational Needs - External Tuition

Proposed decision:

 

(a)  Implement a Modified Dynamic Purchasing System to fulfil the Council’s responsibilities for SEND External Tuition provision – which will meet the needs identified in a child’s Education Health and Care Plan (EHCP).

 

(b)  Delegate decisions on the establishment of the new arrangements to the Corporate Director for Children, Young People and Education, or other Officer as instructed by the Corporate Director for Children, Young People and Education, in consultation with the Cabinet Member

 

Background:

 

·         Kent County Council currently purchases tuition services from a variety of external suppliers, providing educational support to CYP. These services are currently spot purchased without formal established contracts and specifications, leading to concerns of due diligence of suppliers, inconsistent outcomes, and questionable value for money.  SEND is seeking to secure a range of suitable and experienced providers to deliver Tuition Services for those children of compulsory school age and post 16 who, by reason of exclusion from school or otherwise, will not receive a suitable education without such arrangements.

 

Options:

 

1. Do Nothing

 

·         To do nothing, the spend is non-compliant with the Public Contract Regulations (PCR) 2015.Therefore, the current arrangements limit KCC’s ability to shape and control the market to ensure the right capacity and provision is available. KCC has limited influence over the outcomes of the service and limited contract management tools to improve supplier poor-performance.

                       

2. Establish a Dynamic Purchasing System (DPS)

 

·         Implementing a DPS, would have limited disruption to status quo and delivery of current services. The market is complex, with a mixture of size and type of suppliers. These differing categories of supplier could result in a variable appetite for a formal tender process, possibly impacting continuity of supply.

                       

3.  Expand The Education Programme’s capacity to fully meet the service’s needs (maintaining the current offer per student)

 

·         Spend would be compliant with PCR 2015. Internal provision does enable SEND to manage all aspects of provision supporting a CYP and delivering education, incorporating other services as required, such as SEN Therapies.

 

  • Further increasing the scope of The Education Programme would require additional resources and staffing to ensure the needs of CYP are met. There will still be CYP with specific needs that are not covered, such as alternative EoTAS learning and qualifications and post 16, such services can be commissioned as a separate activity.

 

  • The new SLA with The Education Programme has not yet been fully implemented, lessons learnt, and potential risks have not been fully explored. The service will not be at full capacity until January 2023. Moreover, one model of tuition would not meet all the needs of CYP with an EHCP, and the SLA could not meet the current capacity levels required. 

 

4. Recommended Option - Establish Modified Dynamic Purchasing System (MDPS)

 

  • Implementing a Modified Dynamic Purchasing System would enable KCC to stabilise this market and allow better planning for future demand for services.  This option is also preferrable for smaller providers.

 

  • A MDPS framework is to ensure best outcomes for children and young people. SEND do not currently have a preferred provider list and there are no clearly defined contract terms, or specification used to ensure consistent outcomes for CYP.  Additionally, currently there is also no due diligence of providers undertaken ensuring a sufficient Safeguarding Policy, Health and Safety Policy, adequate insurance cover and financial robustness.

 

  • However, moving to a MDPS, will provide stability and sustainability to this market, begin        developing capability with providers and provide a compliant contractual basis for working more closely with providers when planning future requirements

 

Risks:

 

·         The main risk of continuing as we are, is that we are not fully compliant with the Public Contract Regulations 2015.The current arrangements also limit KCC’s ability to shape and control the market to ensure the right capacity and provision is available. KCC has limited influence over the outcomes of the service and limited contract management tools to improve any poor-performance from suppliers.

 

Legal Implications:

 

·         Kent County Council has a statutory responsibility under The Education Act 1996 to provide education for all CYP until the age of 19, or 25 for those with EHC Plans. Associated legislation includes The Children and Families Act 2014, the SEN Code of Practice (2015), the Equality Act 2010 and The Special Educational Needs and Disabilities Regulations 2014.

 

·         Continuing with the current arrangements, we will remain non-compliant with PCR 2015.

 

Financial Implications:

 

·      The SEN spend for External Tuition Provision is summarised below:

 

SEN Spend

Financial Year

 

 

 

 

 

2017-2018

2018-2019

2019-2020

2020-2021

2021-2022

External Tuition Spend

£862,000

£924,000

£1,391,000

 £2,244,000

£ 3,054,000

The Education Programme

£141,000

£130,000

£ 157,000

£274,000

£ 206,000

Total

SEND Spend

£1,003,000

£1,054,000

£1,548,000

£2,518,000

£3,260,000

Allocated budget

 

£851,000

£ 851,000

£ 851,000

£ 2,350,000

 

·      These provisions fall under the Special Educational Needs & Psychology Services key service line within Special Educational Needs and Disabilities (SEND) Division budget, line 65 in the 2021/22 KCC Budget.

 

 

 

Decision Maker: Cabinet Member for Integrated Children's Services

Decision due date: Not before 13/09/2022

Division affected: (All Division);

Lead officer: Christy Holden

Notice of decision: 15/08/2022

Anticipated restriction: Open


02/09/2022 - 22/00089 - Adoption of Kent Plan Tree - Kent County Council's Tree Establishment Strategy

Proposed decision:

 

Formal adoption of Kent Plan Tree – Kent County Council’s Tree Establishment Strategy

 

Background Information:

 

In 2019, off the back of the County Council recognising a climate and ecological emergency, the then Cabinet Member for Planning, Highways, Transport and Waste stated a commitment for 1.5 million trees to be established, a tree for every person in Kent.

 

Plan Tree, Kent County Council’s Tree Establishment Strategy, sets out how we will turn this ambition into a reality and see tree cover across the county extended.

 

The Strategy sets an ambition for the county to see tree cover extended by 1.5 million by 2030 and that by 2050, Kent will have an average tree canopy cover of 19% (an increase from the current 17%). The delivery of these new trees, alongside the protection and restoration of existing trees, hedgerow and woodland, will support the recovery of wildlife, provide natural climate solutions and enrich people’s lives. These new trees will be delivered by working in partnership.   

 

Kent County Council aims to contribute directly to this county target by establishing new trees across its own estate.  Although our ambitions will be greater, at a very minimum we will establish 28,600 trees per annum on land we own, manage or influence, representing a tree for every person in our own workforce.  Further, Kent County Council members will have the opportunity to contribute by establishing trees within their own divisions across the four-year term; based on a target of 350 trees per division, this will account for another 28,350 trees within the county.

 

All trees established under our Strategy will follow four principles for tree establishment:

 

1.    Better management and protection of existing stock

2.    The right tree, in the right place, for the right reason, with the right management.

3.    Deliver multiple benefits.

4.    Ensure the biosecurity of new tree stock through application of strict standards.

 

Establishing the right trees, in the right places will help deliver benefits for Kent’s wildlife, people and economy.  Through extending tree cover in Kent, and delivering Plan Tree, we aim to deliver the following objectives:

 

·         Contribute to Kent County Council’s, and the county’s, net zero targets.

·         Reduce and reverse the trend of decline in nature and loss of trees.

·         Tackle the multiple threats to our trees.

·         Deliver nature based solutions to some of the county’s challenges.

·         Provide enhanced and improved recreation and amenity.

·         Address the decline in trees outside woodland and decline in urban trees.

·         Realise the economic benefits.

·         Increase our knowledge and provide better protection.

 

The Strategy sets out some specific actions that will be taken to progress delivery of the ambitions and objectives of Plan Tree.  These actions focus on:

 

1.    Delivering against the tree establishment target.

2.    Exemplar provision for trees on our own estate.

3.    Improving protection to trees in Kent.

4.    Improving our understanding of Kent’s trees.

5.    Developing the Kent carbon offset market for unavoidable emissions.

 

Plan Tree is specifically referenced under Priority 3 of Framing Kent’s Future – environmental step change.  It provides the strategic framework for the delivery of action for extending tree cover in the county, as committed to with the council’s strategy for 2022 to 2026.

 

Decision Maker: Cabinet Member for Environment

Decision due date: Not before 01/10/2022

Division affected: (All Division);

Lead officer: Elizabeth Milne

Notice of decision: 02/09/2022

Anticipated restriction: Open


30/08/2022 - 22/00088 - Department for Digital, Culture, Media and Sport (DCMS) - Create Growth Fund

Proposed decision.

 

To enter into a funding agreement with the Department for Digital, Culture, Media and Sport (DCMS) and to be the accountable body for the disbursement and spend of a regional Create Growth Fund. The grant will be £1.275million over three financial years from 2022/23 to 2024/25. The decision is subject to KCC being successful with the grant application to DCMS.

 

Background:

 

DCMS launched the £17.51m Create Growth Programme in June 2022 to invite local area partnerships to bid for funds to a maximum of £1.275m over three years 2022 to 2025 to deliver targeted business support to high-growth potential creative businesses.

 

Following a successful expression of interest, KCC Culture and Creative Economy Service has formed a consortium to complete a bid to the Create Growth Fund by the deadline of 25 August 2022. If successful, we will be notified in the third week of September and will need to start recruitment and procurement immediately in order to meet the DCMS spending deadline for the programme.

 

Options:

 

The Create Growth Programme is a national initiative which KCC will manage on behalf of the South East Creative Economy Network. There is no match funding requirement and the Programme will bring new money into KCC to deliver creative industry growth which is central to our core work programme. Positioning KCC as accountable body is the strongest option in terms of our profile with the sector and with regional and national partners and will lead to the ongoing growth of the Kent economy through business development and inward investment.

 

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

 

Back SMEs and entrepreneurs to start-up, grow - the Create Growth Programme will enable us to develop the legacy of South East Creatives business support programme that supported over 400 creative business. The programme will also support creative freelancers to start up and grow businesses and that they attract the appropriate investment.

 

Work with partners to develop a better co-ordinated approach to economic development across the county -We will align a refreshed cultural strategy with the Economic Strategy and use the Create Growth Programme to deliver a coordinated approach to the productivity and growth of the creative economy.    

 

Decision Maker: Cabinet Member for Community and Regulatory Services

Decision due date: Not before 28/09/2022

Division affected: (All Division);

Lead officer: Tony Witton

Notice of decision: 30/08/2022

Anticipated restriction: Open


30/08/2022 - 22/00083 - Young Persons Drug and Alcohol Service Contract Extension

Proposed decision:

 

      i.        APPROVE the extension of the contracted Young Persons Drug and Alcohol Service (contract number SS17033) with We Are With You for a period of fifteen months, from 1 January 2023 to 31 March 2024; and

 

    ii.        DELEGATE authority to the Director of Public Health to 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.

 

 

Reason for the decision:

 

The Young Persons Drug and Alcohol Service contract is due to end on 31 December 2022 and following a review of the service, the recommendation is to extend the contract by 15 months to align all KCC-commissioned drug and alcohol contracts to end in March 2024. This will give the Council maximum flexibility and opportunity to re-commission in a way that will effectively support Kent residents in the future. Commissioners plan to procure all the contracts as one exercise which will allow for economies of scale for the process and shared engagement with all the market. The original contract has provisions for the extension and the proposed extension is compliant with Public Contract Regulations 2015.

Background:

 

The Young Persons Drug and Alcohol Service contract, as delivered by Addaction, which later rebranded as We Are With You (With You), commenced on 1 January 2018, to provide an integrated substance misuse service for young people in Kent. The service is for those aged 11-18 with the flexibility to provide interventions for those aged 18-24 who have an identified need for the young person’s provision (rather than simply accessing the adult provision). The service incorporates evidence-based specialist community treatment, early interventions and workforce development.

The contract is due to end on 31 December 2022 (five years in total) with an option to extend for an additional two years. Given the good performance of the current contract, the identified opportunity to gain efficiencies in the procurement process by joint procurement with the other substance misuse services and the potential for disruption to vulnerable individuals by making unnecessary changes, it is recommended that the extension to the contract is enacted.

 

Options (other options considered but discarded):

 

Decommission the service - Decommissioning the service was concluded as a non-viable option that would place KCC in breach of the Public Health grant’s conditions.

 

Retender the service – Retendering the service now would not enable the Council to recommission all KCC-commissioned drug and alcohol services together, which may result in missed opportunities for efficiencies.

 

How the proposed decision supports the Council’s Strategy 2022-26:

 

The service contributes to the ‘Priority 1: Levelling up Kent’ via harm-reduction and structured treatment of early onset substance misuse issues, which secures long term health outcomes for the young people in Kent.

 

Harmonising the end dates and lifecycles of all the commissioned drug and alcohol services gives KCC the opportunity to conduct our planning and commissioning processes in an efficient way, in alignment with the ‘Priority 4: New Models of Care’ of the Council’s Strategy 2022-26.

 

Decision Maker: Cabinet Member for Adult Social Care and Public Health

Decision due date: Not before 28/09/2022

Division affected: (All Division);

Lead officer: Matthew Wellard

Notice of decision: 30/08/2022

Anticipated restriction: Open


18/05/2022 - 22/00039 - County-wide pothole repair and patching programme

Proposed decision

The Cabinet Member for Highways and Transport is asked to approve the:

 

1.         proposed decision to fund an annual pothole and patching programme (Pothole Blitz) of £7m per annum totalling £21m over 3 years;

 

2.         delegation of authority to the Corporate Director of Growth Environment and Transport and the Corporate Director of Finance to agree funding mechanisms to support the programmes; and

 

3.         delegation of authority to the Director of Highways and Transportation to award and enter appropriate contractual arrangements for the provision of the Pothole and Patching programme (Pothole Blitz) contracts as shown at Appendix A.

 

Background

Highways and Transport has a duty to ensure the effective discharge of the Council’s statutory duties and powers as Local Transport & Highway Authority, in particular its duty of care to help ensure safe passage for all road users. DfT has reduced the highways grant to KCC by £9m impacting the budget available for asset management of all highway’s assets, including an allocation for pothole and patching work. To ensure this work can continue, Members asked officers in Highways Asset Management and Corporate Finance to consider funding options to support a 3-year pothole programme without increasing the council’s financial borrowing commitments.

 

The pothole blitz programmes over recent years have proven to be successful in terms of delivering local highway repairs. This was in addition to the ongoing maintenance, major resurfacing and surface treatments programmes delivered in line with the authorities published approach to Asset Management

 

This additional work has contributed towards the reduction in customer pothole related enquires received over the past 5 years. The graph below details and highlights the lower numbers particularly over the winter period.

 

Additional capital grant funding for potholes received from DfT alongside additional KCC capital borrowing has enabled a Pothole Blitz programme to be delivered over the previous 2 financial years without adversely affecting any other highways asset capital budget.

 

The capital grant funding for highway maintenance has been reduced significantly by the DfT for 2022/23 and this will continue for the next 3 years. This 20% reduction amounts to £9m per annum and £27m over the 3-year period.

 

This has placed a pressure on the capital budgets for management and maintenance of highways assets. It was not possible to sustain funding for critical assets such as drainage, footways, structures, and highway inspectors repairs whilst also funding a Pothole Blitz campaign fully.

 

Officers were requested to examine options to facilitate the delivery of a pothole blitz campaign and without increasing in year capital borrowing.

 

This will most likely be achieved by a re-profiling of existing borrowing as the short-term funding route, however the full details of this are yet to be agreed by the relevant Corporate Directors.

 

Contract and Procurement

The existing pothole blitz contracts have been extended to deliver this year’s programme however this is the final allowable extension under the contract.

 

A commissioning and procurement exercise will be undertaken later this year and will seek to review the optimum number of contracts required to deliver the most efficient and effective future programmes of the pothole blitz.

 

Any alternatives considered

Reduce expenditure on pothole programme.

 

How the proposed decision meets the priority actions of Setting the Course: Kent County Council’s Interim Strategic Plan (December 2020)

A well-maintained highways network supports actions to ensure Kent’s homes and communities are well-connected and infrastructure supports Kent’s long-term growth.

Decision Maker: Cabinet Member for Highways and Transport

Decision due date: Not before 11/05/2022

Division affected: (All Division);

Lead officer: Andrew Loosemore

Notice of decision: 12/04/2022

Anticipated restriction: Open


05/04/2022 - 22/00027 - Disposal of Saxon House, Tina Gardens, Broadstairs CT10

Proposed decision:

To agree to the disposal of the property asset known as Saxon House, Broadstairs, Kent and delegate authority to:

 

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

 

2.       The Director of Infrastructure to authorise the execution of necessary contractual and land agreements required to implement the above.

 

Reason for the decision:

The property is surplus to the Councils requirement with an estimated transaction value in excess of £1million and is therefore a key decision.

 

Background:

The land was previously used by Kent County Council (KCC) for educational purposes until the new Foreland Fields School opened in 2017. The site is surplus to the ongoing operational requirements of the Council and is being progressed for disposal. The property comprises of a site totalling 0.59 Hectares (1.46 acres), with an existing single storey educational building of 1980/90’s construction and outbuilding and a grassed open space. Saxon House is situated in Broadstairs on the Kent Coast.

 

Diagram Description automatically generated with low confidence

A pre-marketing process was undertaken, and an advert placed in the Estates Gazette on 19 February for one week, providing notification in the mainstream property media that the site is coming forward. This resulted in several expressions of interest. Subsequently the property has been formally marketed with external agents and initial bids are to be received by 25 March 2022.

 

Options:

·         KCC has considered the building for its own use, but it is not required.

·         Disposal of the asset.

 

How the proposed decision supports the Interim Strategic Plan:

The disposal of the site will enable the Council to secure a capital receipt to fund reinvestment the capital priorities as set out in the Medium-term Financial Plan.

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision due date: Not before 04/05/2022

Division affected: Broadstairs;

Lead officer: Alister Fawley

Notice of decision: 05/04/2022

Anticipated restriction: Part exempt  - view reasons


29/10/2021 - 21/00096 - Contract for Post Mortem Facilities for the North West Kent Coroner area

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 30th 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.

Decision Maker: Cabinet Member for Community and Regulatory Services

Decision due date: 29/11/2021

Notice of decision: 29/10/2021

Anticipated restriction: Part exempt  - view reasons

Explanation of anticipated restriction:
The report will include commercially sensitive information.


14/10/2021 - 21/00089 - Kent Minerals and Waste Local Plan 2013-30: 2021 Review - Public Consultation

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.

Decision Maker: Cabinet Member for Environment

Decision due date: Not before 12/11/2021 Affects two or more Electoral Divisions

Division affected: (All Division);

Notice of decision: 14/10/2021

Anticipated restriction: Open


09/09/2021 - 21/00076 - Provision of Community Support Services for Disabled Children and Young People - Outcome of Procurement Process

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. 

Decision Maker: Cabinet Member for Integrated Children's Services

Decision due date: Not before 08/10/2021

Division affected: (All Division);

Lead officer: Christy Holden

Notice of decision: 09/09/2021

Anticipated restriction: Open


09/09/2021 - 21/00079 - Contracts for Post Mortem Facilities for the Mid Kent & Medway, North East Kent and Central & South East Kent coroner areas

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 30th 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. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Decision Maker: Cabinet Member for Community and Regulatory Services

Decision due date: Not before 08/10/2021

Division affected: (All Division);

Lead officer: Giles Adey

Notice of decision: 09/09/2021

Anticipated restriction: Part exempt

Explanation of anticipated restriction:
The report will include commercially sensitive information.


23/02/2021 - 21/00033 - Review of Kent County Council and Kent and Medway Clinical Commissioning Group Integrated Commissioning Framework, covering health services, social care and community support for people with a learning disability and autistic people (LD&A)

Proposed decision

 

To enter into such agreements that are necessary with the Kent and Medway Clinical Commissioning Group (CCG) and other local NHS organisations to create a new strategic planning and delivery framework for Kent’s residents with a learning disability and autistic people and delegate authority to Corporate Director of Adult Social Care and Health to finalise and approve the formal agreements to establish the new framework.

 

Reason for the decision

 

In 2015/16 Kent County Council and the seven NHS Clinical Commissioning Groups (CCG) covering Kent and Medway, agreed to establish an integrated and partner strategic planning, commissioning and delivery framework covering healthcare, council social care and other support for Kent’s residents with a learning disability, and autistic residents. This framework is governed by an agreement between Kent County Council and Kent and Medway CCG, agreed in accordance with the provisions of section 75 of the NHS Act 2006. This framework includes an Alliance Partnership comprising the council’s adults social care service and the two NHS provider trusts that deliver specialist community health care for people with a learning disability and autistic people. This includes Kent Community Health NHS Foundation Trust (KCHFT) and Kent and Medway NHSand Social Care Partnership Trust (KMPT).

 

The framework covers community delivered services for people living in nursing and residential care; residents living with carers and their families and people living in their own homes or who live in specialist housing with support. The arrangement also covers specialist healthcare and support for residents with a learning disability and autistic people with highly complex needs, including Kent residents admitted to specialist hospitals located both in and outside Kent. 

 

A review of the arrangements summarised above, commissioned by Kent County Council but jointly agreed with Kent and Medway CCG identified challenges with how the council and NHS plan together to design and deliver effective solutions that can achieve strong and improving health and well being outcomes for Kent’s residents with a learning disability and autistic people.

 

The challenges identified:

 

·       Kent’s current Learning Disability and Autism (LD&A) governance and programme management framework is:

-     Confusing with several bodies duplicating effort and decision making and ineffectual structural relationships between each body

-     Not competent to develop and implement a whole system strategy and strategic commissioning programme

-     Not fully sighted or driven by the priorities, challenges and resource pressures of all partners and is largely reactive to short term issues and targets

-     Less than clear about how the voices of learning disabled and autistic people impact or affect key decisions, with a deficient approach to coproduction and system codesign 

·       Improvement is required in the effectiveness of whole system commissioning and programme management

·       Significant improvement is needed in whole system accountability and performance reporting, as investment decisions lack clarity on why and how they were determined and there is a lack of effective data and narrative to demonstrate the outcomes that are being achieved

·       Improvement is also needed in the alignment, commissioning and coordination of service delivery across adults, children and young people and complex needs to ensure:

-     Effective and seamless care pathways;

-     Person centred and codesigned support;

-     Outcome driven delivery;

-     Stronger market management and micro-commissioning, to address service deficits and to support innovation to address changing needs and expectations.

 

Through extensive engagement and coproduction of the solutions to address the challenges above, the proposals summarised below emerged through a clear consensus of council and NHS leaders, frontline professionals and health clinicians and critically through face to face engagement and workshops with people with a learning disability, autistic people and carers supported by advocates and advocate organisations.

 

Summary proposals

 

The establishment of:

 

§  A single senior level strategic leadership body of equal partners across the local authority, CCG, user and carer voice and system provider

§  A joint LD&A strategic commissioning and programme management unit, supporting whole system planning, development and change management and the function of the strategic leadership body 

§  A trusted system provider based on an effective NHS and council partnership, delegated to deliver and micro commission all LDA health and social care support.

 

Decision Maker: Cabinet Member for Adult Social Care and Public Health

Decision due date: Not before 24/03/2021

Division affected: (All Division);

Lead officer: Clare Maynard

Notice of decision: 23/02/2021

Anticipated restriction: Open


16/03/2020 - 20/00027 - Clean Up Kent and Public Realm Improvements

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.

 

Decision Maker: Cabinet

Decision due date: Not before 14/04/2020 In order that the proposed decision can be published for a minimum of 28 days in accordance to statutory requirements

Lead officer: Simon Jones

Notice of decision: 16/03/2020

Anticipated restriction: Open


19/11/2019 - 19/00095 - Discovery Park: Growing Places Fund

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.

 

 

Decision Maker: Cabinet Member for Economic Development

Decision due date: Not before 18/12/2019 In order that the proposed decision can be published for a minimum of 28 days, in accordance to statutory requirements

Lead officer: Martyn Riley

Notice of decision: 19/11/2019

Anticipated restriction: Open


01/07/2019 - 19/00052 - Gypsy and Traveller Pitch Allocation Policy

Proposed Decision:

 

To revise and update Kent County Council’s (KCC) Gypsy and Traveller Service Allocations Policy for managed sites.

 

 

Background:

 

This review work is part of ongoing, council-wide activity to update and improve our processes, policies and practices.

 

The priorities for the Gypsy and Traveller service are to:

 

·         Improve current service efficiency whilst also planning for future demographic pressures within the Gypsy and Traveller community through better planning and countywide coordination on the provision of good quality sites.

 

·         Manage the growing financial challenge by ensuring that pitch allocations are made in a clear and transparent manner and that rent affordability is confirmed prior to pitches being allocated.

 

·         Improve licensee vetting, licence agreements and enforcement policies to ensure our sites’ residents understand accepted levels of behaviour, including requirements for rent payments, both prior to being allocated a pitch and for the duration of their tenancy.

 

Decision Maker: Cabinet Member for Community and Regulatory Services

Decision due date: Not before 30/07/2019 In order that the proposed decision can be publsihed for a minimum of 28 days, in accordance with statutory requirements

Division affected: (All Division);

Lead officer: Palminder Sandher

Notice of decision: 01/07/2019

Anticipated restriction: Open


20/12/2017 - 17/00125 - Healthwatch Kent interim contract

Proposed decision: To agree:-

 

a)    the implementation of an interim contract for the provision of a Local Healthwatch for Kent for the period April 1st 2018 to March 31st 2020, with sufficient break clauses to end earlier where appropriate; and

 

b)    To incorporate the Service User Forum and Mental health Action Groups into the Healthwatch Kent contract

 

How the decision relates to Corporate Objectives

 

·         Commissioning Framework Principle 7:  Customers at the heart of our commissioning approach

·         KCC’s commissioning of a Healthwatch for Kent is required by duties under the Health and Social Care Act 2012, which built upon the Local Government and Public Involvement in Health Act 2007

 

The matter is referred to in the Business Plan/Medium Term Capital Programme.

Decision Maker: Deputy Leader and Cabinet Member for Finance and Traded Services

Decision due date: Not before 17/01/2018 in order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: (All Division);

Lead officer: Emma Hanson

Notice of decision: 20/12/2017

Anticipated restriction: Open


20/09/2017 - 17/00094 - Disposal of Land East of Great Chart Primary School, Singleton

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.

Decision Maker: Cabinet Member for Corporate and Democratic Services

Decision due date: Not before 18/10/2017 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Lead officer: Roderick Lemerle

Notice of decision: 20/09/2017

Anticipated restriction: Part exempt  - view reasons


26/02/2015 - Lawn Primary School, Gravesend - New Playing Field

Update 01 February 2017:  Officers have confirmed that the decision is still ‘live’ and that KCC continue to work with the landowner regarding use of the land and any consequential s106 arrangements.  The process is expected to be lengthy and is likely to be ongoing for the duration of 2017.

 

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The Cabinet Member will be asked to agree that KCC take a long lease of 99 years at a nominal rent from Lafarge to facilitate expansion of school roll.

Lafarge to create new playing field and to maintain subsoil thereafter.

The Playing Field is being delivered as part of a s106 Agreement being a contribution to mitigate the impact of adjacent development of 510 homes upon Lawn Primary School and free up space on the existing Lawn PS site to enable expansion of the existing school buildings from 1FE to 2FE.

Decision Maker: Cabinet Member for Corporate and Democratic Services

Decision due date: Before 01/01/2018 In order that the decision can be considered by the relevant Cabinet Committee before being taken by the Cabinet Member

Division affected: Northfleet & Gravesend West;

Notice of decision: 23/02/2015

Anticipated restriction: Open