01/02/2023 - 23/00005 - Admission Arrangements and Scheme for 2024-25 Academic Year

Proposed decision

 

To determine the primary and secondary school co-ordinated admissions schemes for 2024 intake year and the admission arrangements for Kent community and voluntary controlled primary schools and the admission arrangements for Kent community and voluntary controlled secondary schools for 2024 intake year.

 

Reason for the decision

 

Admission authorities are legally required to determine admissions arrangements for their schools by 28 February each year. It is intended that admissions arrangements for schools where KCC is the admissions authority are to remain broadly unchanged. It is proposed, however, to reduce the Published Admissions Number for West Minster Primary School (from 90 to 60) and Churchill CoE Primary School (from 60 to 30) which is detailed in the consultation documentation available through the link detailed below. The consultation is due to run until 2nd January 2023.

 

Local Authorities are also required to consult with all schools within their geographical boundaries on an Admissions Scheme, which details how the co-ordinated and in year admissions processes will operate for the forthcoming year. This consultation is due to run until 15th December 2022.

 

Following the completion of both consultations, Cabinet Member for Education and Skills is requested to approve the proposed admission arrangements and scheme.

 

Legal Implications

 

Section 13A of the Education Act 1996 states every admission authority must, before the beginning of each school year determine the admission arrangements which are to apply for that year 7. Local authorities are required by Section 92 of the School Standards and Framework Act and the Education (School Information) (England) Regulations 2008 to publish admission arrangements for all maintained schools in their area. Under section 88(1A) of the School Standards and Framework Act 1998 (as inserted by section 42 of the Education and Inspections Act 2006) it is the duty of a governing body of a community or voluntary controlled school, for which a local authority is the admissions authority, to implement any decision relating to the admission of pupils taken by the admission authority. Similarly, under section 89(3A) of the 1998 Act and regulations, the governing body of a voluntary aided or foundation school must implement a decision of the local authority, made under the relevant co-ordinated admission arrangements, whether a child should be granted or refused admission to the school.  Failure to do so would amount to a breach of the admission authority’s statutory duty.          

 

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 09/02/2023

Division affected: (All Division);

Lead officer: Craig Chapman

Notice of decision: 10/01/2023

Anticipated restriction: Open


01/02/2023 - 23/00007 - Domestic Abuse - Commission a new Safe Accommodation Support Service

Proposed decision:

 

A)   Commence formal procurement activity to tender for a Domestic Abuse Support Service in Safe Accommodation for Children and Young People affected by Domestic Abuse,

B)   Delegate authority to the Corporate Director CYPE to take relevant actions to facilitate the required procurement activity

C)   Delegate authority to the Corporate Director CYPE to award the contract and 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.

Background:

 

Part Four of the Domestic Abuse Act 2021 brings the statutory duty for local authorities to provide support for all victims and their children residing in all types of Safe Accommodation, which includes refuges, Sanctuary Schemes, move-on, and dispersed accommodation.

 

Domestic Abuse support for children and young people residing in Safe Accommodation in Kent is fragmented, inconsistent, and difficult to find. Many young people in Safe Accommodation rely on community services provided by voluntary and community sector organisations, which are often grant funded and inconsistent across the county.

 

The majority of cases that Integrated Children’s Services (ICS) interact with are linked to either present or historic Domestic Abuse, therefore ICS currently spend a significant amount of time and resources working with children and families who have been affected by Domestic Abuse. This proposed service, whilst may not reduce caseload numbers, could alleviate some pressure on KCC’s Children’s Social Care services that are supporting victims of domestic abuse and also ensure more children have access to support. 

 

Current Provision:

 

The current Domestic Abuse (DA) provision commissioned by KCC, with multi-agency funding, is managed through the Kent Integrated Domestic Abuse Services (KIDAS) contract, which is managed by the Vulnerable Adults Commissioning Team. This contract provides support for adult victims and survivors (16+) both within the community and refuges.

 

There is currently no KCC commissioned Domestic Abuse support offer that specifically targets children and young people residing in safe accommodation.

 

Historically, Local Children’s Partnerships Groups have set Domestic Abuse as a priority within their districts and grant funded organisations and projects accordingly.

 

Commissioning Approach:

 

A significant amount of activity has taken place to understand how a service can be effective for the children and young people who will be using it, whilst adhering to the requirements of the funding.

 

A proposed service model was co-produced with statutory partners through a series of workshops. Commissioners then conducted market engagement via Kent business Portal to obtain feedback which was incorporated into the service model.

 

Young people’s feedback was obtained through a workshop and subsequently incorporated into the service specification to ensure the service design was capturing the voice of the child.

 

The proposed service model has been approved through all appropriate Directorate governance routes and KCC Domestic Abuse governance routes. 

 

The Council is seeking the provision of high-quality specialist Domestic Abuse support for children and victims residing in all types of Safe Accommodation. This Support Service will ensure KCC meets its statutory duty set out in the Domestic Abuse Act 2021.

 

 

 

Decision Maker: Cabinet Member for Integrated Children's Services

Decision due date: Not before 09/02/2023

Division affected: (All Division);

Lead officer: Christy Holden

Notice of decision: 10/01/2023

Anticipated restriction: Open


01/02/2023 - 23/00003 - Reception and Safe Care Centre

Proposed Decision:

 

Reception and Safe Care Service – premises and management tender

 

a) approve the delivery of additional Reception and Safe Care Centres via the procurement of the provision of premises, landlord and management services (hard and soft facilities management).

 

b) following a compliant process, 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, award and enter into the required contracts; and

 

c) delegate authority to the Corporate Director of Children, Young People and Education, to take other the necessary actions including but not limited to negotiating, finalising and entering into contracts or other legal agreements as required to implement this decision. relevant legal agreements such as the award of the contract, as required to implement this decision.

 

Reason(s) for decision:

·    Decision required because total value of the contract will exceed £1m and impact across multiple districts of the Local Authority.

 

Background:

·       Unaccompanied Asylum-Seeking Children (UASC) who arrive in Kent are accommodated by KCC as part of the Local Authority’s statutory duty for children in care.  They are placed in Reception Centres for temporary accommodation for up to eight weeks during which time they undergo a series of assessments including a Children and Family Assessment, a Health Assessment and Age Assessments.  They receive basic orientation and independence skills and associated training programmes to support their transition to independent accommodation.  This assessment period is significant in assessing both the risk to self and any risk to others.  Having identified facilities makes the risk assessment more robust and supports the Governments PREVENT agenda.

 

·       The Reception Centres provide accommodation and support for male UASC entering Kent aged 16-18.  Other arrivals, either female or those with clear safeguarding concerns, are placed in foster care. 

 

·       There are two Reception Centres in Kent. One is in Ashford and one is in Cranbrook. The agreed Protocol with the Home Office has recently been reviewed in light of the increases to the ratio of UASC to Children in Care population which recently increased from 0.07% to 0.1%.

 

·     The National Transfer Scheme was also mandated and has had varying success.

 

·      KCC negotiated an Agreement with the Home Office in 2021 for the Kent Reception and Safe Care Service operating at a maximum of 120 (although through Summer this number was exceeded to support with the high numbers of UASC).

 

·     The Ashford Reception Centre has 49 single rooms, with 38 single rooms at Cranbrook. In addition, KCC commissions Independent Fostering Agencies (IFA)/Semi-independent placements for the under 16 males and under 18 females. The Agreement includes the Home Office funding the costs of the Reception Centres.

 

·     KCC manage the support services funded by the Home Office across both Reception Centres and would assume this would be the same in an expanded model.

 

·     Summary points of the key service delivery expectations (pre-procurement) are set out in the associated report.

 

 

Decision Maker: Cabinet Member for Integrated Children's Services

Decision due date: Not before 09/02/2023

Division affected: (All Division);

Lead officer: Christy Holden

Notice of decision: 10/01/2023

Anticipated restriction: Open


01/02/2023 - 23/00002 - Expansion of Sir Roger Manwood’s School

Proposed decision

      I.                  Agree a funding agreement between Kent County Council and Sir Roger Manwood’s School Trust be entered into to enable £2.1m (plus indexation) of developer contributions to be paid to the School as and when received by the Council.

 

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

 

   III.                  Authorise the Director of Education to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts.

 

Reason(s) for decision:

 

Background

 

Sir Roger Manwood’s School is a co-educational selective school in Sandwich. In 2015 the School’s Trustees increased the Published Admissions Number from 120 places per year group to 150 and has been self-funding remodelling of the School’s buildings to accommodate the additional pupils.

 

The Authority has not provided any funding from its Capital Programme to support the expansion of the School.  To date financial support has been limited to £285k of developer contributions which the Authority received and passed on to the School to pay for works undertaken as part of its expansion. 

 

The School has a master plan in place which demonstrates how it will continue to remodel its facilities to address the pressure points created by admitting additional pupils.  The plans demonstrate three phases of works. 

 

Dover District has seen secondary school rolls rising for several years.   In the non-selective sector this increase has been absorbed within existing capacity.  However, in the selective sector Dover Girls’ Grammar School, Dover Grammar School for Boys and Sir Roger Manwood’s School have all increased their Published Admissions Numbers and have admitted further pupils.  Consequently, the Authority’s forecasts (Figure 1) indicate only a small deficit of Year 7 places in forthcoming years.  This would not be the case had Sir Roger Manwood’s not increased by 1FE.

 

Figure 1: Secondary - Year 7 surplus/deficit capacity if no further action is taken

2021-22 capacity

2021-22 (A)

2022-23 (F)

2023-24 (F)

2024-25 (F)

2025-26 (F)

2026-27 (F)

2027-28 (F)

2028-29 (F)

2029-30 (F)

2030-31 (F)

2031-32 (F)

2031-32 capacity

Dover Selective

440

2

3

-6

-6

6

-6

-1

-5

4

27

31

440

 

 

Financial Implications

 

The Authority has sought developer contributions to support the School’s expansion from 4FE to 5FE, with agreements in place to the value of £2.1m.  In line with the CIL Regulations that applied at the time, these contributions name the School and can only be used to support expansion here.  They also refer to phases of delivery, again because the CIL Regulations at the time restricted the Authority to utilising no more than five obligations to a project. 

 

The Authority has not provided any funding from its Capital Programme to support the expansion of the School.  To date financial support has been limited to £285k of developer contributions which the Authority received and passed on to the School to pay for works undertaken as part of its expansion. 

 

As of November 2022, KCC has £741k of banked developer contributions which name Sir Roger Manwood’s School and the projects which support the expansion from 4FE to 5FE.

 

It would be appropriate to enter into a funding agreement for total £2.1m of developer contributions. This will set out the individual development agreements from which funding has been received or is anticipated.  It will stipulate the monies, and any indexation received with these, will only be paid to the School if and when received by the Authority.  This will not place any financial pressure on the Capital Budget.

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 09/02/2023

Division affected: Sandwich;

Lead officer: David Adams

Notice of decision: 10/01/2023

Anticipated restriction: Open


10/01/2023 - 23/00004 - Proposal to rebuild and expand Teynham Parochial CEP Primary School from 210 places to 420 places, increasing the published admission number (PAN) from 30 to 60 for September 2025.

Proposed decision –

 

(i)             Agree to the proposal to rebuild and expand Teynham Parochial CEP Primary School from 210 to 420 places increasing the published admission number (PAN) from 30 to 60 for September 2025 (1FE to 2FE) from September 2025.

 

This decision is conditional upon planning permission being granted.

 

·     Reason for the decision

Agreement is required to rebuild and expand Teynham Parochial CEP Primary School from 210 to 420 places increasing the published admission number (PAN) from 30 to 60 for September 2025 (1FE to 2FE). The proposal includes demolition and rebuilding of the current school due to the building condition and complexity attached to expanding the current building. It therefore proves more cost effective and efficient to rebuild and expand. Project costs have been estimated at £10,000,857 The proposal will be brought back to Children’s, Young People and Education Cabinet Committee for a further decision on the allocation of Capital budget and to gain permission to issue a public notice.

 

·     Background – Provide brief additional context

The current primary school building was constructed circa 1970 as a temporary building using a basic SEAC component type construction. The building is now approximately 50 years old and shows many symptoms associated with being beyond economic repair, making it difficult and costly to expand and more cost effective to re-build. We are proposing to permanently increase the size of the school by 1FE to meet the primary school pupil needs in Teynham related to housing developments in the area.

Current plans are to construct the new school first and subsequently demolish the current school building, plus provide a multi- use games area (MUGA) on the location of the old school. The expansion in the number of pupils would be a gradual process from September 2025 onwards. The additional places will enable the school to run a two form of entry school starting in September 2025 when the published admission number would increase from 30 to 60.  The school capacity would grow each year, finally reaching a capacity of 420 in 2031.

 

·     Options (other options considered but discarded)

Consideration was given to expanding the current school building by 1 form of entry; however the building is now approximately 50 years old and shows many symptoms associated with being beyond economic repair, making it difficult, risky and costly to expand and more cost effective to re-build the school.

  • The option of delaying the school was considered and 2025 represents a delay from the opening date originally planned. One of the housing developments has already built-out, another is in planning and a third has gone to appeal.

 

         How the proposed decision meets the objectives of ‘Framing Kent’s Future – Our Council Strategy (2022-2026)

This proposal will help to support Framing Kent’s Future – Our Council Strategy (2022-2026) Priority 1 - Levelling up. ‘To maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.’

 

The Commissioning Plan for Education Provision in Kent 2021-2025 sets out the need for commissioning additional school places in Kent.

 

·     Financial Implications

Capital

A feasibility study estimated final costs at pre planning stage at £10,000,857. The project includes a total rebuild of the whole school designed to BB103.

The expansion of Teynham school is also linked to new housing developments in the Teynham area. A total of £3,851,155.89 in developer contributions has been requested with £1,413,243.89 agreed and £2,437,912 still requested. A total of £201,844.17 has been collected.

This would indicate a KCC Capital Contribution of £6,149,701 would be require and is expected to be funded from Basic Need Capital Programme. However, this is subject to a further key decision by the Cabinet Member for Education & Skills once planning permission and final costings have been agreed. 

Revenue

Revenue costs of expanding the school under basic need is expected to be fully funded from the ring-fenced Dedicated Schools Grant: School Block. Available revenue funding will be allocated in accordance with the prevailing Kent County Council School’s Growth Funding Policy. The current funding offer is:

  • a total of £6,000 per new classroom will be provided to the school to support initial set up costs.
  • Guaranteed funding for the first three years to support the school financially to ensure it can put in place a staffing structure to provide the school places required (this will be reviewed closer to the time of opening).

There are no revenue Council General Fund implications expected from this proposal.

 

 

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 08/02/2023

Division affected: Swale East;

Lead officer: Marisa White

Notice of decision: 10/01/2023

Anticipated restriction: Open


10/01/2023 - 23/00006 - Changes to the KCC local funding formula for schools

PROPOSED DECISION:

 

To approve changes to the Kent County Council local funding formula for schools and early years providers that is used to calculate school budgets and early years rates from 1 April 2023. 

 

Delegate authority to the Corporate Director of Children, Young People and Education, in consultation with the Cabinet Member for Education & Skills and the Schools Funding Forum, to make any necessary changes to the Local Funding Formula rates as requested by the Department of Education.

 

Reason for the decision:

In response to the Government confirming the additional funding for schools, Kent County Council is set to receive approximately £23m in 2023-24 to increases in funding rates for primary and secondary school budgets. The Government has also indicated a further £15m for High Needs in 2023-24. We are awaiting confirmation of the funding available for Early Years Providers. This decision will confirm how this additional funding will be distributed to schools and early years providers in line with Government guidelines. 

 

Background:

The Government has confirmed the Council continues to be responsible for operating a local funding formula for Kent maintained schools (and this formula is also used by the Education and Skills Funding Agency for calculating Kent academy budgets) during 2023-24 and legislation dictates that any changes to that formula is subject to an all school consultation which took place in November 2022 along with seeking views from the Schools Funding Forum. The consultation focuses on how we allocate any additional funding and a request to transfer a further 1% from the schools to the high needs block to support SEN Support services in schools (the latter is also subject to Secretary of State approval).

 

The Council is responsible for setting the funding formula rates for High Needs funded school places including mainstream top-up funding, specialist resource provisions, maintained and academy special schools, post 16 providers.

 

The Council is also responsible for setting the Early Years Local Funding Formula which is used for setting the rate paid to early years providers for the Free Entitlement Early Years Funding Rate and Free for Two Rate. 

 

Options:

The options considered for setting the primary and secondary school budgets are outlined in the consultation document to schools. Proposed changes to the primary and secondary schools funding formula have been limited to avoid any excessive deviation from the National Funding Formula (NFF) used by Government to allocate school funding to local authorities for distribution to schools. This is in line with previous recommendations from both schools & the Schools Funding Forum who have supported the general principle that “our Local Funding Formula should move towards the NFF, but at the same time continue to utilise local flexibility to address areas of local concern”.

 

The options for the setting of High Needs funding formula rates and Early Years local funding formula rates will be considered once the Government confirms final allocations.

 

The decision is linked to achieving the objectives set out in Outcome 6: Opportunities for children and young people in Strategic Delivery Plan (2020-2023).

 

 

 

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 08/02/2023

Division affected: (All Division);

Lead officer: Karen Stone

Notice of decision: 10/01/2023

Anticipated restriction: Open


20/12/2022 - 22/00115 - Disposal of Land and Buildings at Victoria Road/Park Crescent Road Margate CT9 1NB

Proposed decision:

 

To agree the disposal of Lots 4 and 5 of Land and Buildings at Victoria Road/Park Crescent Road Margate CT9 1NB 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 anticipated values, a key decision is required as per Kent County Council’s constitution.

 

Background

The site comprises of Lots 4 (0.66 acres) and 5 (13.4 acres), as identified in the General Site Plan, of the former Royal School for the Deaf (RSD) site, which was purchased by Kent County Council for the construction of a new secondary school. Due to changes in demographic projections, the new school project has been cancelled. The entire site has now been declared surplus by the Council as it is no longer required for operational purposes.

 

The Council intends to progress with the disposal of the site in line with its adopted Freehold asset disposal policy.

 

Initial advice provided from agents regarding anticipated values, indicates that a key decision is required for the disposal of Lots 4 and 5.

 

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 or educational needs. Since becoming surplus to educational needs, alternative service needs were considered, but none 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 18/01/2023 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: Margate;

Lead officer: Hugh D'Alton

Notice of decision: 20/12/2022

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 - 22/00106 - 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.


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