25/11/2022 - 22/00099 - Kings Hill Solar Park: Additional funding requirement

Proposed Decision:

 

Deployment of £878,000 additional funding to cover the increase in costs including risk contingencies to complete the Kings Hill Solar Park project.

 

Reason for Decision:

 

The original agreed funding of £4,167,000 is not sufficient to deliver the project due to delays from the land purchase, ecology finds, additional surveys, UKPN uplifted costs and additional contingencies

 

 

Background:

 

Kent County Council has used some time limited grant funding from Salix towards the delivery of a number of low carbon energy projects including two solar parks (see decision 21/00034). Key Decision 21/00109 approved £4,167,000 capital to deliver a 2.98MW solar park in Kings Hill The project is at RIBA Stage 5 (construction) and actual project costs are currently anticipated to be no more than £5,044,617.

 

The scheme is seeking to offset over 633 tonnes of carbon a year from KCC’s energy requirement and will contribute significantly to the de-carbonisation of KCC’s energy supplies Construction started in March 2022 and will be completed by or before 30 June 2023.

 

Revenue income from the project will increase once completed based on current market rates and a longer lifespan of the asset. Based on the original business case the cost offset from the Solar Park was anticipated to be upwards of £90k in year 1 (part year effect) and £140k/annum (on average). The updated position based on the increased capital costs, revenue and projected lifespan now anticipates these figures to be c.£360k in the first full year and an annual equivalent of £330k/annum over the 40-year lifespan of the project.

 

Options:

 

Do nothing –stop works and do not complete the project due to the cost increases. There is the risk/likelihood that KCC would have to hand back the full PSDS grant, will incur abortive costs that will exacerbate the in-year 2022/23 revenue monitoring overspend position as well has have to adjust the Medium-Term Financial Plan (MTFP) and remove the planned surplus/rebate of £140,000 per year from future budgets. (REJECTED)

Seek alternative funding – potential to stop works and seek alternative funding solutions, applying for further funding where possible. There is a risk that KCC might have to hand back the full PSDS grant funding used on the project if it is not completed. KCC would also incur significant abortive costs on the project to date and not benefit from the income the project would generate in the future if works were not completed which is already built into the 2022/23 and 2023/24 KCC budgets. (REJECTED)

KCC fund the shortfall complete the project, retain the full PSDS allocated grant, including the element via switch funding, and fund the additional capital cost with Net Zero Reserve funds. (PREFERRED OPTION) 

KCC fund the shortfall (Borrowing) – complete the project, retain the allocated grant, and fund the offset with KCC capital borrowing. Currently KCC is very close to its key performance indicator of borrowing costs at less than 10% of revenue budget, plus KCC’s capital strategy is to prioritise borrowing towards statutory projects/rolling programmes such as basic need, highways, and the corporate estate. (REJECTED)

How the proposed decision meets the priority actions of Framing Kent’s Future: Kent County Council’s Strategic Plan 2022-2026

Decision meets the following priority actions within Framing Kent’s Future

 

-       Support Kent to become a leading county for carbon zero energy production and use

-       Make use of low-grade land (e.g., landfill, low grade agricultural through use of solar and wind farms)

-       Work towards Kent being Net Zero by 2050

-       Use our commissioning and procurement power to support Net Zero and the green economy, reduce our carbon miles and prioritise buying local goods and services wherever possible, and to further support green economy jobs in Kent

-       Support strategic opportunities for growth through the delivery of sites and premises and support for new investment and business expansion where it will deliver higher value jobs and increased productivity and contributes to our net-zero target.

 

 

Financial Implications:

 

-           Purchase of land has been completed;

-           Project costs have increased and are now anticipated to cost no more than £5,044,617 including client costs, increased contingency, and cost of land;

-           The funding gap of £878,000 is proposed to be funded via the Net Zero Reserve.

-           Given that the council is projecting a significant overspend in the current year, the funding options and approach to complete the project may change to ensure minimal impact on the Council’s financial position.

-           The project assumes that the PSDS switch funding of £1,294,127 is coming back into the project via the Commercial Services Kent Ltd (CSKL) dividend.

-           Further discussions are underway with CSKL around alternative funding options that maybe more beneficial for the Council to pursue.

-           The projected cost offset from the solar park has increased from an average of £140k to £330k per annum, inclusive of these additional capital costs.

-           The increased saving on energy costs set against the increased contingency means that the overall financial benefit from the Kings Hill Solar Park to the council has improved.

 

 

Legal Implications:

 

-           The terms and conditions of the Salix grant funding mean that the energy produced by the solar park must directly benefit KCC through lower carbon outputs and these must be reported back to Salix over the coming years.

-           KCC has entered into contract with Kier for the construction of the development;

-           KCC will enter into contract(s) with private and or Latco companies for the running of the solar park including both operations and management and the sale and purchase of electricity.

-           A decision on access route for utilities.  

 

Decision Maker: Cabinet Member for Environment

Decision due date: Not before 03/12/2022

Division affected: Malling Rural East;

Lead officer: Jonathan White

Notice of decision: 04/11/2022

Anticipated restriction: Part exempt  - view reasons


24/11/2022 - 22/00109 - Local Children's Partnership Group Grants Programme

Proposed Decision:

 

As Cabinet Member for Integrated Children’s Services, I propose  to:

 

A) Cease the funding for the Local Children’s Partnership Group (LCPG) Grants programme from the end of the 2022/23 financial year; and

B) Delegate authority to the Corporate Director of Children, Young People and Education to take relevant actions including but not limited to entering into legal agreements as necessary to implement this decision.

Decision Maker: Cabinet Member for Integrated Children's Services

Decision due date: Not before 23/12/2022

Division affected: (All Division);

Lead officer: Christy Holden

Notice of decision: 24/11/2022

Anticipated restriction: Open


24/11/2022 - 22/00107 - Commissioned Youth Provision - Direct Award

Proposed Decision: As Cabinet Member for Integrated Children’s Services I propose to

 

A) Extend the Commissioned Youth Service Provision via a direct award to the seven current providers for a period of not more than 12 months (end 31 March 2024).

 

B)       Delegate authority to the Corporate Director of Children, Young People and Education, in consultation with the Cabinet Member for Integrated Children’s Services, to negotiate, finalise and enter into the relevant contracts.

 

And

 

C)       To take the necessary actions including but not limited to negotiating, finalising and entering into relevant legal agreements such as the direct award contract, as required to implement this decision.

Decision Maker: Cabinet Member for Integrated Children's Services

Decision due date: Not before 23/12/2022

Division affected: (All Division);

Lead officer: Christy Holden

Notice of decision: 24/11/2022

Anticipated restriction: Open


24/11/2022 - 22/00108 - Commissioned Children's Centre Provision - Direct Award

Proposed Decision:

 

As Cabinet Member for Integrated Children’s Services I propose to

 

A)       Extend the Children’s Centres services currently provided by Millmead and Seashells via a direct award for a period of not more than 12 months (end 31 March 2024).

 

B)       Delegate authority to the Corporate Director of Children, Young People and Education, in consultation with the Cabinet Member for ICS (Integrated Children’s Services), to negotiate, finalise and enter into the contracts with Millmead and Seashells.

 

and

 

C)       To take the necessary actions including but not limited to negotiating, finalising and entering into relevant legal agreements such as the direct award contract, as required to implement this decision.

 

Decision Maker: Cabinet Member for Integrated Children's Services

Decision due date: Not before 23/12/2022

Division affected: Margate; Sheppey;

Lead officer: Christy Holden

Notice of decision: 24/11/2022

Anticipated restriction: Open


23/11/2022 - 22/00098 - Further investment of Getting Building Funding

Proposed decision:

 

Agree that the Getting Building Funding (GBF) will be used to support the Kent-based projects that are awarded additional GBF by the South East Local Enterprise Partnership’s Accountability Board.

 

Delegate to the Section 151 Officer the authority to sign on KCC’s behalf a deed of variation to the original grant agreement or equivalent, where this is required to draw down GBF funds following business case approval.

 

Further Information:

 

Getting Building Funding was announced by the Government in June 2020. The funding is part of the Government’s plan to deliver upgrades to local infrastructure, boost skills, and help fuel a green economic recovery by investing in shovel-ready housing and infrastructure projects, creating jobs and supporting economic recovery during the COVID-19 pandemic.

 

The Government choose that the South East Local Enterprise Partnership (SELEP) would allocate the funding with their endorsement. In total, the Government provided £85m of GBF to SELEP in 2020.

 

In summer 2022, the SELEP Accountability Board removed one East Sussex GBF project and one Essex projects from the GBF programme. This meant £3.3175m of GBF became available for reallocation to alternative projects by SELEP.

 

The SELEP Strategic Board has decided to create a GBF reserve project pipeline, so this money can be reallocated. The SELEP Strategic Board has decided that the only projects eligible to be on this reserve project pipeline are existing schemes that have previously been awarded GBF.

 

Ten Kent-based projects have previously benefitted from a GBF award and are thus eligible to bid for the funding. Four of these Kent-based projects chose to submit a bid to SELEP by their August deadline.

 

The GBF will be awarded only to existing GBF projects because:

a)    The project has experienced a cost increase due to the impacts of the COVID-19 pandemic, Brexit, or high inflation levels, OR

b)    The project wants to support a further phase of delivery (i.e. project extension).

 

The SELEP Strategic Board is due to meet in October 22 to decide the pipeline of existing GBF schemes which will receive the extra GBF funding. A formal award of the GBF funding to these projects is then expected to be made by the SELEP Accountability Board in November 22.

 

This key decision is required to enable KCC to enter into the deeds of variation to the existing grant agreements, so that additional Government funding may be secured for Kent-based projects on SELEP’s reserve GBF pipeline.

 

For reference, Kent County Council took decisions20/00085, 20/00086 and 21/0005 previously to secure GBF funding for Kent.

 

Options (other options considered but discarded)

 

If Kent County Council were to choose to not enter into a deed of variation for the GBF projects selected by the SELEP Strategic Board, the GBF funding could be either (i) retained by central government or (ii) reallocated to other projects by the SELEP Strategic Board.

 

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

 

The award of GBF to Kent-based projects supports KCC achieve its Levelling up Kent, Infrastructure for communities, and Environmental step change key priorities.

 

 

Decision Maker: Leader of the Council

Decision due date: Not before 01/12/2022

Division affected: Ashford Central; Dover Town; Ramsgate; Sandwich;

Lead officer: Sarah Nurden

Notice of decision: 01/11/2022

Anticipated restriction: Open


21/11/2022 - 22/00096 - Technology Enabled Care Service

Proposed decision:

 

Procure a Countywide Technology Enabled Care Service and delegate authority to the Corporate Director Adult Social Care and Health to take relevant actions, as required to facilitate procurement activity.

 

Background:

 

Technology Enabled Care is a key area of the Making a Difference Every Day; Our Strategy for Adult Social Care 2022 – 2027 and aligns with Framing Kent’s Future Strategy, which lays out four priorities, one of which is the delivery of new models of care and support.

 

Technology Enabled Care will contribute towards the delivery of the key ambition “we have real opportunities to improve the effectiveness and efficiency of our adult social care services by making full use of new technology and innovations that mean we can better manage demand and focus resources where they are most needed.”

 

Technology Enabled Care is a term to describe a range of personalised IT and digital solutions which can be used to support outcomes for people who draw on care and support and carers. Innovative technology solutions and data are allowing people to remain independent for longer, identifying risk, preventing incidents and ensuring quick and appropriate responses to avoidable events such as falls.

 

The data harnessed from these technologies will not only support people more effectively at an individual level, but over the long-term has the potential to support management of health and wellbeing at a population-level and provide insights which support future service planning.

 

Technology Enabled Care has been evidenced in other local authorities to improve outcomes for people and achieve significant financial and non-financial benefits. The objective of the Technology Enabled Care Service is to fully embrace the range of technology now available in the market and embed a technology-focused and data-led approach in Adult Social Care.

 

The aim is:

 

·         To commission and deliver an innovative digital Technology Enabled Care offer that empowers a person and supports them to maintain or improve their independence, safety, and wellbeing.

·         To transform Practice and the way care and support is delivered which will improve lives and make social care sustainable.

·         The future service will bring together the existing KARA and Telecare contracts and the new technology provision in order to develop a transformational service offer that progresses our strategic objectives.

 

The procurement will start in December 2022 with the aim to award the contract in June 2023. It is proposed the contract will run for five years with a two-year contract extension option.

 

Options:

 

As part of the development of the Technology Enabled Care Service, several options have been considered and assessed against the following critical success factors:

 

·         Develop a robust data evidence base which is used to proactively support independence, improve outcomes and generate insights about future service requirements and population-level need, and support a data-led approach to practice.

·         A clear and innovative offer that empowers people, supports independent living and provides greater choice and control.

·         Proactively considering assistive technology across the social care pathway, including but not limited to, at the first point of contact, care and support assessments and reviews and enablement support.

·         A flexible model that enables Technology Enabled Care to develop over time and explore benefits of partnership working.

·         To develop the private pay market, exploring options for promoting Technology Enabled Care to self-funders and commercial opportunities.

·         Maximise efficiencies in Adult Social Care and embed digital technologies to manage demand. From the start ensuring systems in place to collate and report comprehensive and reliable data, that show the financial and non-financial benefits and impact of Technology Enabled Care.

 

A short list was then formulated as potential opportunities:

 

1.    Do Minimum

 

This option represented the current situation and provided a baseline against which the other short-listed options were measured.  Although this option will be cheaper to deliver, it failed to address the requirement for innovation and culture change which seeks to embed Technology Enabled Care. Therefore, with this option there is a risk that a service will be procured but not utilised.

 

2.    Less Ambitious than Preferred

 

This option represented the desired level of service based on the minimum level of change. Although this option would meet the majority of the critical success factors, it failed to include the development of the private pay market. Additionally, there was limited-service development and culture change included in the scope, which means the maximum benefits of implementing Technology Enabled Care are unlikely to be realised and technology will not be fully embedded.

 

3.    More Ambitious than Preferred

 

This option represented the desired level of service change based on the maximum level of change. Although this option had the ability to meet and/or exceed all of the Critical Success Factors. The timescales for the procurement of the Technology Enabled Care Service were for the entire service to go live from June 2023, these timescales are extremely tight and not viable to mobilise.

 

4.    The Preferred Option  

 

This option represents the desired level of service change:

 

·         Scope: County-wide Technology Enabled Care Service which is outcome focused and device agnostic with a focus on embedding innovation and culture change through the development of practice and a data-led approach

 

·         Service Solution: A Technology Enabled Care Partner that delivers core requirements: assessment and referrals, products, installation, monitoring, data dashboards and culture, change management.

 

·         Delivery: The Technology Enabled Care Partner will work closely with Kent County Council (KCC) to implement the core service and embed the approach in adult social care, as well as exploring commercial opportunities including private pay offer and developing opportunities with partners.

 

·         Implementation – A phased go-live enables the mobilisation of existing people drawing on Telecare, KARA and Build and Test services and full service go-live from September 2023.

 

This option is the preferred due to its ability to meet and/or exceed all of the Critical Success Factors. The partnership model outlined in this option will enabled KCC to benefit from the expertise to drive change and embed Technology Enabled Care, achieving benefits and ensure there are effective ways to measure and demonstrate the impact of Technology Enabled Care. The timescales for implementation are achievable.

 

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

Decision due date: Not before 01/12/2022

Division affected: (All Division);

Lead officer: Helen Gillivan

Notice of decision: 27/10/2022

Anticipated restriction: Open


15/11/2022 - 22/00106 - Disposal of the Former Laleham Gap School, Southcliffe Parade, Broadstairs CT10 1TJ

Proposed decision:

 

To agree to the disposal of the property, the former Laleham Gap School and playing field, Southcliffe Parade, Broadstairs CT10 1TJ and delegate authority to:

 

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

 

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

 

Reason for the decision

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

 

Background

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

 

The Council intends to progress with the disposal of the site in line with its adopted Freehold Asset Disposal Policy. The site has been allocated for housing within the Local Plan and initial advice provided from agents regarding anticipated values indicates that a key decision is required.

 

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

 

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

 

Options

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

 

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

 

How the proposed decision supports the 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 14/12/2022 in order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: Broadstairs;

Lead officer: Hugh D'Alton

Notice of decision: 15/11/2022

Anticipated restriction: Part exempt  - view reasons

Explanation of anticipated restriction:
Supporting documentation will include an exempt report which will contain information considered to be commercially sensitive in relation to the Council’s financial affairs.


15/11/2022 - 22/00102 - Contract extensions for the provision of Post-Mortem Facilities for the Mid Kent & Medway, North West Kent, and East Kent coroner areas

Proposed decision:

To award 6-month extensions to contracts for the provision of Post-Mortem (PM) facilities to Dartford and Gravesham NHS Trust, East Kent Hospitals Trust and Medway NHS Trust and confirm current arrangements.

 

Background and reason for the decision:

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

 

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

 

On behalf of the Kent and Medway Senior Coroners, KCC ensures access to body storage and PM facilities across the four Kent coroner areas. KCC does not have its own public mortuary facility and so like many other coroner areas across England and Wales it relies on 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 extensions were initially entered into in 2021, with the details and intentions set out in planned decisions 21/00079 and 21/00096 (covering Mid Kent & Medway, North East Kent and Central & South East Kent coroner areas).  It is now necessary to review, collate and update the relevant contracting and governance associated with these arrangements and to seek to extend the contracts by a further 6 months until the end of March 2023 via a single co-ordinated decision.  The planned approach will address the outstanding governance and time gap involved with the prior decisions while also supporting ongoing provision – therefore this decision confirms the required arrangements undertaken for the previous year and allows for appropriate service continuation prior to new contracts being put in place (via separate relevant decision-making) for April 2023 onwards.

 

This six-month period will be used by the Coroner Service to better understand the service and associated costs of running the contract for the Trusts. Contract terms will be updated and developed using these findings and in line with KCC’s future needs, including the implementation of the Digital Autopsy (DA) service. Currently it is unclear how the DA project will be progressing; therefore a 6-month contract extension will allow more time for KCC to determine DA’s direction of travel and develop a contractual arrangement that complements the DA service once it goes live.

 

Options considered and discarded:

Option 1: Do nothing

This is the current situation as the service is operating outside of a contract. Unless a contract is put in place, the Council is at risk of receiving an inconsistent provision and quality of service, a lack of control over costs, and subsequent reputational ramifications.

 

Option 2: Go out to tender

Kent NHS Trusts do not have capacity to take on any extra work without significant capital investment, and past use of mortuaries outside Kent have not delivered a suitable service.

 

Option 3: Use a framework or other viable contract mechanism

There are no known frameworks or other viable mechanisms for the provision of mortuary facilities in England and Wales.

 

Option 4: Extend the contracts for a longer period until the DA facility opens

Extending the contracts for 12-18 months will not provide KCC with the flexibility to negotiate new contracts for mortuary services that support the DA facility.

 

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

The proposed Digital Autopsy facility, to which these contracts are directly linked, supports Priority 2: Infrastructure for Communities via a further digitalisation of KCC’s service offer, and finding better ways to deliver services for Kent.

 

Data Protection implications:

A Data Protection Impact Assessment screening form has been completed, which concludes that a DPIA is not required.

 

Decision Maker: Cabinet Member for Community and Regulatory Services

Decision due date: Not before 14/12/2022

Notice of decision: 15/11/2022

Anticipated restriction: Part exempt  - view reasons


15/11/2022 - 22/00104 - Extension of the Direct Payment Support Service Contract

Proposed Decision:

 

Authorise additional expenditure of £315,000 to enable Commissioners to enact the final 12-month extension of the Direct Payment Support Service from 1 April 2023 to 31 March 2024

 

Reason for Decision:

 

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

 

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

Parents and carers of disabled children

Parents and carers of children with special educational needs

Young people aged 16-25 with special educational needs

Young disabled people aged 16-25

 

The Key Decision to commission the Direct Payment Support Service was taken on the 30 October 2018. The Decision (Decision - 18/00055 - Direct Payment Support Service (kent.gov.uk))provided for a three-year fixed term with two twelve-month extension periods within a maximum budget of £1.7 million over the five-year term. The contract is currently in the first of the two available extensions and demand for the service is increasing beyond current capacity. The cost of the recommended option, to extend the contract for the final year, will exceed the original Key Decision of £1.7 million over the 5-year term and a further Decision is required to authorise the additional expenditure.

 

Options:

 

1)        Do nothing. The contract will end on the 31 March 2023 and alternative plans for the current cases and ongoing administration, and support, for Children Young People and Education Direct Payments. Currently there is no resource to undertake this work in-house. This option is discounted

 

2)        Extend with no additional capacity. Cases are forecast to increase beyond current contractual capacity, this means that a waiting list will be implemented with the anticipated wait length being 8-12 weeks before the case can be allocated to a worker within the commissioned provider. This option is discounted.

 

 

The proposed Decision is in line with Kent’s Strategy for Children and Young People with  Special Educational Needs and Disabilities 2021-2024

 

Priority One: Improve the way we work with children and young people, parents and carers. Qualitative feedback from parents, carers and young people using the service remains extremely high. The survey indicates that as of March 2022 100% of service users rate the support they receive as ‘good’ or ‘excellent’, and a similar number stated that the knowledge of the worker provided tosupport them was ‘good’ or ‘excellent’

 

Framing Kent’s Future Council Strategy 2022:

 

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

 

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

 

 

Decision Maker: Cabinet Member for Integrated Children's Services

Decision due date: Not before 14/12/2022

Lead officer: Christy Holden

Notice of decision: 15/11/2022

Anticipated restriction: Open


08/11/2022 - 22/00101 - Commissioning Plan for Education Provision in Kent 2023 - 2027

Proposed decision:

 

To agree the Commissioning Plan for Education Provision in Kent 2023-27.

 

 

Reason for Decision and Background

 

Kent County Council (KCC), as the Local Authority (LA), has a statutory duty to ensure sufficient school places are available. The County Council’s Commissioning Plan for Education Provision in Kent 2023-27 (KCP) is a five-year rolling plan which is updated annually. It sets out our future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent.

 

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

 

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

 

Decision Maker: Cabinet

Decision due date: Not before 07/12/2022

Division affected: (All Division);

Lead officer: Nick Abrahams

Notice of decision: 08/11/2022

Anticipated restriction: Open


27/10/2022 - 22/00097 - Endorsement of the Kent and Medway Interim Integrated Care Strategy

Proposed decision:

 

To give KCC’s approval for the Kent and Medway Interim Integrated Care Strategy as recommended by the Integrated Care Partnership.  In approving the Interim Strategy, KCC is committing to working with partners in the Kent and Medway Integrated Care System to deliver the objectives set out.

 

Further Information:

 

This will be the first Integrated Care Strategy to be produced since Integrated Care Systems came into existence in July 2022. Statutory guidance from the Department for Health and Social Care states that Integrated Care Strategies need to be published by the end of December 2022 to inform the first 5-year joint forward plans which Integrated Care Boards (NHS) are required to publish before the next financial year. The guidance recognises that 2022 to 2023 will be a transition period and that Integrated Care Partnerships will want to refresh and develop their Integrated Care Strategy as they grow and mature. Therefore, the Strategy published by the end of December will be an initial or interim version that will be developed later.  This later iteration will expand on the ambitions and commitments of the partners, including the County Council and, therefore, will be subject to a separate key decision through the normal governance process.

 

In its Council Strategy, Framing Kent’s Future, KCC has committed to seize the opportunity of integrating our planning, commissioning and decision making in adult, children, and public

health services through being a partner in the Kent and Medway Integrated Care System at place and system level. Through its statutory requirements and the commitments it has made, KCC is a key partner in the development and implementation of the Integrated Care Strategy.

 

The Integrated Care Partnership is required to produce the Kent and Medway Interim Integrated Care Strategy and this has  been managed by the three statutory partners of the Integrated Care Partnership- KCC, Medway Council and the  Integrated Care Board (NHS Kent and Medway).  A multiagency steering group and project group which includes the Director of Public Health and the Director of Strategy, Policy, Relationships and Corporate Assurance working closely in partnership with wider partners have developed the Interim Strategy . providing regular updates to the Integrated Care Partnership which is chaired by the Leader of KCC. Development of the Interim Strategy has followed the requirements set out in statutory guidance, including contents to be included and involvement of stakeholders. The Interim Strategy has been shaped by the Joint Strategic Needs Assessments for Kent and Medway. It has a strong emphasis on the wider determinants of health, recognising that a wide range of factors influence health and wellbeing besides health and care services. The Interim Strategy sets out the commitment to closer working and integration between health and care services and with other services that influence the wider determinants, many of which are provided by KCC as well as other partners in the public and voluntary and community sectors.

 

Given the limited time available for the development of the Interim Strategy, engagement with stakeholders has been focused on key partner organisations across the Kent and Medway Integrated Care System including at a symposium on 28th October 2022 and presentations at Joint Kent Chiefs and Leaders meetings.

 

Decision Maker: Cabinet

Decision due date: Not before 25/11/2022

Division affected: (All Division);

Lead officer: Karen Cook

Notice of decision: 27/10/2022

Anticipated restriction: Open


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


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.


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


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