Cabinet Member decisions

Proposed decision – To update the determined 2021-22 and 2022-23 admission arrangements for Kent community and voluntary controlled primary schools and Kent community and voluntary controlled secondary schools to accommodate new legal requirements in the forthcoming 2021 School Admissions Code.

Reason for Decision:

Admission authorities are legally required to determine admissions arrangements for their schools by 28 February each year. KCC fulfils this duty annually and following consideration at Education Cabinet Committee, the Cabinet Member for Education formally determines admission arrangements in line with the requirements of the 2014 Admissions Code.

Government consulted on a new Admissions Code in late 2020 and following consideration of responses, laid a new Admissions Code before parliament which will come into force on 1 September 2021, subject to the necessary parliamentary procedure.

The 2021 School Admissions Code requires children who appear (to the admission authority) to have been in state care outside of England and ceased to be in state care as a result of being adopted to be given equal first priority in admission arrangements, alongside looked after children (LAC) and children who were previously looked after by English local authorities (PLAC).

This new provision will necessitate variations to determined admission arrangements to take effect from 1 September 2021. All admission authorities will need to vary their admission arrangements for 2021/22 (which would have been determined by 15 February 2020) and their admission arrangements for 2022/23 (which would have been determined by 15 February 2021). Without these variations, admission arrangements that have already been determined will no longer comply with the Code from this date.

In the event that the 2021 School Admissions Code does not come into force on 1 September 2021 of any reason, admissions arrangements will remain unchanged from their previously determined state.

Following the implementation of the new 2021 School Admissions Code, as Cabinet Member for Education and Skills,I determine:

a)    Updated admission arrangements for Kent community and voluntary controlled primary schools for 2021-22 as detailed in Appendix A

b)      Updated admission arrangements for Kent community and voluntary controlled primary schools for 2022-23 as detailed in Appendix B

c)      Updated admission arrangements for Kent community and voluntary controlled secondary schools for 2021-22 as detailed in Appendix C

d)      Updated admission arrangements for Kent community and voluntary controlled secondary schools for 2022-23 as detailed in Appendix D

Proposed decision to –  

·       endorse the addition of £1.5m of Community Infrastructure Levy funding to total the project budget for the expansion of Tunbridge Wells Grammar School for Boys onto a satellite, to provide enhanced sporting facilities on the Wildernesse Campus. The total budget allocated for the expansion will increase to £17.4m.

·       delegate authority to the Director of Infrastructure, in consultation with the Cabinet Member for Education and Skills, to approve necessary development works required to develop the land into usable playing fields and to finalise the terms of and enter into relevant contracts or other legal agreements as required to implement this decision.

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

·       authorise the Director of Infrastructure to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts.

•         Reason for the decision

The accommodation for Trinity School and Weald of Kent Grammar School have been built and the schools are offering places on the Wildernesse Campus.   In order to expand Tunbridge Wells Grammar School for Boys by 3FE, KCC are building a satellite of the school on the Wildernesse Campus.

The establishment of a satellite provision for Tunbridge Wells Grammar School for Boys adds 3FE to the existing 6FE and 3FE from Trinity School and Weald of Kent Grammar School, respectively.  The decision to expand Tunbridge Wells Grammar School for Boys can be viewed here:

https://democracy.kent.gov.uk/ieDecisionDetails.aspx?ID=2372

The original site design indicated that there was sufficient land to provide adequate sports facilities for 12FE, but it was understood and accepted that there would have to be very close integration of sports and physical education curricula across the three users.

The site survey conducted in 2019 indicated that the gross site area of the Wildernesse Campus, for a pupil population of the site of 2,400 (12FE) was just within the range for a 12FE site according to Building Bulletin 103.  However, the net area was below that suggested, because large areas were not suitable for formal sporting facilities, being habitat or protected woodland.  Nevertheless, studies indicated that the three schools would be able to deliver their sporting curriculum if the existing facilities were carefully managed and scheduled between the schools.

In late 2019, an opportunity arose where land adjacent to the school was offered for sale by the Royal Society for Blind Children.  The land measured approximately 9 acres and would support the provision of a further two grassed areas for summer and winter sport, including football, athletics, cricket and rugby

A decision to purchase the land was taken by the Cabinet member, decision number 20/00045 (Purchase of Land South of Seal Drive in Sevenoaks)

https://democracy.kent.gov.uk/documents/s96775/Signed%20RoD.pdf

Following the acquisition of the new land, KCC’s appointed consultants were able to reconsider the sports offer.  The revised proposal is a significant expansion to the original project aspirations, providing additional facilities including laying two more all-weather pitches, resulting in there being one for each school.  The list of the new proposed sports offer is:

•         Two 4-court indoor sports halls.

•         Seven hard surface MUGA (Multi-Use Games Areas) marked for tennis, netball, basketball, five a side football and other sports.

•         One all-weather pitch surfaced for hockey (with LED lighting)

•         Two all-weather pitch surfaced for football or rugby (with LED lighting)

•         Grassed areas for use with summer and winter markings, to facilitate:

•         Winter

o        Two grassed football / rugby pitches.

o        Training squares.

•         Summer

o        Cricket wicket and field

o        Athletics track

o        100m straight sprint track.

o        Long jump and field athletics areas for javelin, discus & shot.

o        Two rounders squares.

o        Cricket nets

•         Cross country circuit, approx. 1.5km

Enhancing the sports facilities as outlined above would result in an additional cost to the CYPE capital budget, estimated at £1.5m.  Therefore, to ensure the three schools on the campus could access enhanced more flexible sporting facilities, which would not only increase their ability to timetable more easily but also provide enhanced facilities for use by the wider community, it was decided that a bid for CIL funding should be submitted to Sevenoaks District Council

In order to provide the correct facilities, KCC has sought advice and accreditation from National sporting bodies including the Football Association, England Hockey and Sport England.  Pitches and facilities are being provided in line with these national guidelines.

Sevenoaks District Council has, as requirement for release of CIL funding, requested that the facilities have a strong community focus, and be able to be available for use by the community out of school hours and weekends.  KCC and the three schools have had many enquiries from local sports clubs and groups about pitch availability once the project is complete.

•         Options

There are no options.

•         How the proposed decision meets the objectives of ‘Increasing Opportunities, Improving Outcomes: Kent County Council’s Strategic Statement (2015-2020)’

School Sports Facilities

The project greatly enhances the outdoor sports provision for the Trinity School, the Weald of Kent Grammar School and Tunbridge Wells Grammar School for Boys.

Depending on the season and the curriculums of the schools, the grassed areas could be marked for hockey, athletics, rugby or football or several smaller training areas. The additional land would also offer opportunities for cross country running around the perimeter, offering a total running distance of more than 1.5km, across a challenging mix of vegetation, gradients and direction changes.

Additional Community Use Facilities

There is quite a demand for sports facilities in Sevenoaks and the schools on the site would work together to make certain areas of the site available for hire by the local community, when and where it is appropriate, i.e. when not in use by the schools.  New pitches would result in the existing facilities being not overused.  This adds to the potential for out of hours community use.

As Cabinet Member for Education and Skills, I agree to:

·       endorse the addition of £1.5m of Community Infrastructure Levy funding to total the project budget for the expansion of Tunbridge Wells Grammar School for Boys onto a satellite, to provide enhanced sporting facilities on the Wilderness Campus. The total budget allocated for the expansion will increase to £17.4m.

·       delegate authority to the Director of Infrastructure, in consultation with the Cabinet Member for Education and Skills, to approve necessary development works required to develop the land into usable playing fields and to finalise the terms of and enter into relevant contracts or other legal agreements as required to implement this decision.

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

·       authorise the Director of Infrastructure to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts.

This decision is subject to planning permission being granted

Proposed decision:

Extend the current contract with South East Memory Assessment Services from 1 September 2021 to 31 March 2022, by means of a Single Source Procurement and delegate authority to the Corporate Director of Adult Social Care and Health to take relevant actions, including but not limited to finalising the terms of and entering into required contract or other legal agreements, as necessary to implement the decision. 

Background:

The Mental Capacity Act 2019 introduced Liberty Protection Safeguards (LPS) to replace Deprivation of Liberty Safeguards (DoLS) and was originally to come into force from 1st October 2020.   During the pandemic Central Government announced that it would not be possible to meet the October deadline and decided that full implementation of Liberty Protection Safeguards would be April 2022.   At the time of the announcement, the view was the revised date would allow sufficient time, following publication of the final code to prepare for implementation.  

Under the current arrangements, a DoLS requires a mental health assessment, carried out by a mental health assessor.  The MCA DoLS Regulations 2008 stipulate this must be a medical doctor experienced in mental health and are section 12 approved, therefore approved clinicians under the Mental Health Action 1983. Furthermore, the local authority is responsible for ensuring that sufficient mental health assessors are available. Capacity with a previous provider was limited – this was identified by a project group set up to clear a significant number of pending (backlog) cases. That group worked with Commissioning to source alternative provision for DoLS Mental Health Assessors, following due process which led to South East Memory Assessment Services (SEMAS) being awarded the contract in April 2016.The contract was expanded due to a key decision in May 2018 to purchase extra support to clear the DOLs backlog, this was called project DOLs. 

Since that time, the provider (SEMAS) has been able to provide the number of assessments the Kent DoLS team have requested to the standard required and within the appropriate timeframes. 

The contract with South East Memory Assessment Service is due to expire on 31 August 2021.   Therefore, the proposal is to extend the current contract from 1 September to 31 March 2022 by means of a Single Source Procurement, in line with the change in legislation and new statutory framework.     

Full text of the legal implication for this decision, as these would not fit into that field:

Legal Implications:This is being procured under Procurement Policy Note (PPN 01/20) was released in March 2020 setting out information and associated guidance on the public procurement regulations and responding to the current coronavirus, COVID-19, outbreak.

The regulation states that: in responding to COVID-19, contracting authorities may enter into contracts without competing or advertising the requirement so long as they are able to demonstrate the following tests have all been met:

1) There are genuine reasons for extreme urgency, eg: you need to respond to the COVID-19 consequences immediately because of public health risks, loss of existing provision at short notice, etc;

·you are reacting to a current situation that is a genuine emergency - not planning for one.

2) The events that have led to the need for extreme urgency were unforeseeable, eg:

·the COVID-19 situation is so novel that the consequences are not something you should have predicted.

3) It is impossible to comply with the usual timescales in the PCRs, eg:

·there is no time to run an accelerated procurement under the open or restricted procedures or competitive procedures with negotiation;

·there is no time to place a call off contract under an existing commercial agreement such as a framework or dynamic purchasing system.

4) The situation is not attributable to the contracting authority, eg:

·you have not done anything to cause or contribute to the need for extreme urgency.

As Cabinet Member for Adult Social Care and Public Health, I agree to:

a) EXTEND the current contract with South East Memory Assessment Services from 1 September 2021 to 31 March 2022, by means of a Written Justification for Exemption from the Normal Contract Procedure; and

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

Proposed decision:  Extend the Discharge Services contracts until 31 March 2022 at a cost of £1,659k, with a further option to extend until 30 September 2022; extend the east Kent Cottage Hospital discharge service until 31 March 2022 at a cost of £914k, once the NHS funding position is confirmed and delegate authority to the Corporate Director, Adult Social Care and Health to take relevant actions, including but not limited to finalising the terms of and entering into required contract or other legal agreements, as necessary to implement the decision. 

The current hospital discharge service contracts encompass Discharge to Assess and Assisted Discharge, which form part of Pathway 1, for people discharged from hospital who need support to recover at home. The contracts were due to expire on 31 March 2020 and were extended to meet the unprecedented Covid-19 pandemic.

The Council was in the process of undertaking a procurement exercise, with new contracts due to go live in April 2020. Due to the unforeseeable circumstances the Council was unable to award contracts within the planned timescales. The existing contracts were therefore extended in accordance with PCR 2015 - Regulation 32(2)(c) and Procurement Policy Note 01/20.

Dealing with the pandemic enabled us to work more closely with our health partners and highlighted potential to significantly improve the hospital discharge pathways. RETHINK Partners were commissioned to undertake a review of the adult social care discharge pathways, co-sponsored with the NHS.

The learning from this review, will provide the foundation of the specification for a new Pathway One Discharge Service to commence in April 2022.

Enabling the extension to the current services will ensure that service delivery is not disrupted by mobilising new contracting arrangements over winter. Due to the interdependencies involved, it is prudent to request that an additional six-month optional extension until September 2022 also be agreed.

Some of the recommended improvements can be implemented into the existing contracts and will immediately help to address current issues in the market which have a detrimental impact on the flow of people through the system back to their own home.

Reason for the decision: This decision to extend contracts is required to allow for the continuation of Discharge Services until recommissioning can be concluded.

As Cabinet Member for Adult Social Care and Public Health, I agree to:

a) EXTEND the Discharge Services Contracts until 31 March 2022, with a further option to extend until 30 September 2022;

b) EXTEND the east Kent Cottage Hospital discharge service until 31 March 2022; and

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

Proposed decision –

The Cabinet Member for Economic Development to agree to entering a contract with the successful bidder once the selection process is completed.

Background 

Kent County Council is seeking to procure Inward Investment Services for the period August 2021 to April 2023. This will replace the existing inward investment services contract with Locate in Kent, which commenced in August 2016 and runs until the end of July 2021. Current and future contracts for this service are predominantly grant funded by the European Regional Development Fund (ERDF), with match funding from Kent County Council and Medway Council.

The Inward Investment Service will deliver, alongside Kent County Council and Medway Council, specific outcomes that contribute to economic development in Kent and Medway. These are:

•           More investment opportunities from overseas markets

•           Increased supply chain benefits for local businesses

•           More inward investment in Kent and Medway

•           Raised profile as a destination for inward and foreign direct investment. 

The Inward Investment Service will be contracted to a supplier for the period 1 August 2021 to 30 April 2023 (21 months). The contract period appears to be an unusual duration but is because of the previous contract being extended by agreement with the funding accountable body, MHCLG. The contract was extended because the previous exercise to reprocure a service provider was halted due to the impact of the Coronavirus pandemic and a requirement to redirect KCC procurement services.

The purpose of the service will be to promote and raise the profile of Kent and Medway as an attractive business investment location for UK and foreign-owned businesses relocating and expanding within and into the county, and to create jobs from successful company investments.

The new inward investment services contract cost will be £1,666,667 + VAT. The contract will be funded by KCC, Medway Council and the European Regional Development Fund (ERDF) Growth Programme. The ERDF funding is subject to a Grant Funding Agreement between KCC and MHCLG. 

The service will aim to promote and raise the profile of Kent and Medway as a business location with the aim of attracting new investment from Kent, UK, and overseas businesses, creating jobs and economic prosperity. Contracted outputs over the contract period will be 2,800 new jobs from SMEs and non-SMEs and a minimum of 100 successful business investment/location/expansion projects.  

Options

Five  options were considered:

•           Option 1 Do nothing. This would mean having no further external service commission after the cessation of the current contract with Locate in Kent, and no in-house provision within KCC. This would provide significant financial savings to KCC. However, because there is currently no comparable business support service in Kent and Medway, this would result in a failure to capitalise on opportunities for growth in the local economy and job creation.

•           Option 2 – Do minimum. This would mean establishing for the first time a bespoke, outward-facing business support service based in KCC. Although currently KCC does not have the expertise in-house to provide the specialised, face-to-face support that businesses want, this would potentially deliver cost savings to the County Council. However, it is unlikely to attract financial support from Medway Council, the ESIF programme and the private sector. There would also be TUPE implications of transferring staff from the current supplier to KCC. There are also currently difficulties of establishing a new team of this nature at a time when the return to office situation is not fully settled.

•           Option 3 – Minimum Plus. This would mean an external supplier providing a less ambitious service at a lower price than currently. This would deliver financial savings to KCC and other potential funders and would maintain some specialised inward investment services in a post Brexit economy. However, it could result in a reduction in the county’s ability to compete for domestic and foreign inward investment, and it is uncertain whether financial support would be forthcoming from Medway Council.

•           Option 4 – Targeted approach (Preferred option). This would involve delivering a targeted approach to attracting more domestic and foreign business investment to Kent and Medway, focusing specifically on the opportunities and challenges in a post-Brexit economy. This is the preferred option and is supported by the proposed funding partners, who will provide financial support for the duration of the proposed commission.

•           Option 5 – Comprehensive service.   This would be expected to cover all sectors across Kent and would thus increase targets and outputs. Although there would be higher targets and more business beneficiaries, with the potential to create more jobs, this option would be too costly and therefore unaffordable.

The preferred option will deliver an improved service and a more targeted approach to attracting domestic and foreign investment in a post-Brexit economy. It is the best fit to offer an optimal service with the funding that is available.

How the proposed decision meets the challenges in the Interim Strategic Plan

The decision addresses the economic challenge by seeking to attract investment in Kent’s economy to support economic growth.

The project is also consistent with Kent’s Economic Recovery Plan, which recognises the need to support businesses in the return to growth including through focussed efforts on place marketing, sector specific support and supply chain development and support for innovation.

Financial implications:

As Cabinet Member for Economic Development, I agree to enter into a contract with the successful bidder for the provision of inward investment services and provide authority to the Director of Growth and Communities the delegated authority to enter into necessary contractual arrangements to let the contracts.

Proposed decision:

The Cabinet Member for Education and Skills is asked to determine the School Year dates for community and voluntary controlled schools, by the local authority (LA)

Further information:

Schools are required by statute to provide schooling for 190 days. Teaching

staff are required by their terms and conditions to complete 195 days

including 5 development days.

Term dates and holidays, in England, are set:

•         for community and voluntary controlled schools, by the local authority (LA)

•         for foundation, voluntary aided schools, academies and free schools by the governing body.

The government’s policies to promote academies and free schools will mean that increasingly school governing bodies will be determining the school term dates for their schools.

The proposed calendar will be considered by Children, Young People and Education Cabinet Committee and following this the Cabinet Member for Education and Skills will take the final decision. Following the consultation and approval the agreed school term dates calendar for 2022-23 will be published.

Setting school term dates has a relationship to one of the priorities in Delivering Vision and Priorities for Improvement 2018 – 2021.  The priority states KCC will ‘ensure that the maximum number of children and young people of statutory school age are enabled to attend education provision on a full-time basis.’

Risks:

Following the recent announcement that the Government is looking at the possibility of shortening the summer holiday and moving to a five-term school year, it is possible that the proposed term dates for 2022-23 may have to be altered following determination.  However, our neighbouring LAs have already either determined or are currently consulting on their term dates for 2022-23 and there is the potential that if Kent delayed determination, it would have to follow the majority to ensure a co-ordinated approach.  In addition, if we do not determine the term dates, the LA will not be meeting its statutory obligation.

As Cabinet Member for Education and Skills, I agree to: the School Term dates for 2022-23.

Proposed decision –

Implement A Qualified Provider List to fulfil the Council’s responsibilities for SEN Therapies provision – which will meet the needs identified in a child’s Education Health and Care Plan and where there is an identified gap in health provision.

•         Decision required because total value of contracts will exceed threshold for a Key Decision.

•         Background – KCC currently commission a range of therapy services to meet the needs identified in a child’s Education Health and Care Plan (EHCP) and where there is an identified gap in health provision.  Services are currently purchased from multiple different providers, ranging from special schools to individual therapists.

•         There are currently three distinct arrangements in place, Preferred Provider List, Non-preferred providers and personalised funding arrangements.

•         Services are currently purchased from over 47 providers, ranging from special schools to individual therapists.  The types of therapies purchased include speech and language, Cognitive Behavioural Therapy (CBT), hydrotherapy, play therapy and Occupational Therapy (OT).

Options                  

1. Do Nothing.

•         The services continue to be delivered via the current spot purchasing                   arrangements - no additional staff resources would be required or disruption to delivery of current service levels. However, this option does not comply with the Public Contract Regulations 2015. Therefore, the current arrangements limit KCC’s ability to shape and control the market to ensure the right capacity and provision is available. KCC has limited influence over the outcomes of the service and limited contract management tools to improve supplier poor-performance.

2. Establish a Dynamic Purchasing System

•         Implementing a DPS would have limited disruption to status quo and delivery of current services. The DPS would allow new entrants into the market with providers being required to pass a minimum capability standard can be split into lots to accommodate different specialism, or location.

•         There is however, currently a complex supply market, with a mixture of larger suppliers, NHS providers, charities, and sole traders. The market is also delicate in that there are scarcity of provision and supply in particular with Occupational Therapy services and is essential that care is taken to prevent destabilising the current market that we have. These differing categories of suppliers could result in a variable appetite for a formal tender process, possibly impacting continuity of supply.

3. Establish a Qualified Provider List

•         The Proposed decision to establish a Qualified Provider List would enable KCC to stabilise this market and allow better planning for future demand for services.  This option is also preferrable for smaller providers.

•         Currently there is a preferred provider list and qualities framework to ensure best outcomes for children and young people, however moving to a QPL, will in addition provide some stability and sustainability to this market and provide a compliant contractual basis to work more closely with providers when planning future requirements.

Risks

•           The risk if we do not take a decision are discussed in Option 1, this option does comply with the Public Contract Regulations 2015. Therefore, the current arrangements limit KCC’s ability to shape and control the market to ensure the right capacity and provision is available. KCC has limited influence over the outcomes of the service and limited contract management tools to improve supplier poor-performance.

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

A)  Implement a Qualified Provider List for Special Educational Needs Therapies provision to fulfil the Council’s responsibilities in meeting the needs identified in a child’s Education, Health and Care Plan.

B) Delegate decisions about the establishment of the new arrangements to the Corporate Director for Children, Young People and Education, or other Officer as instructed by the Corporate Director for Children, Young People and Education

Proposed decision:

Increase the capacity within The Education Programme to fulfil the SEND (Special Educational Needs and Disabilities) Service’s responsibility to provide education provision for children and young people (CYP) with Education, Health and Care Plans (EHC Plans) who are not attending school through a Service Level Agreement (SLA).

•         Decision

-         This decision is required because the total value of the SLA will exceed the threshold for a Key Decision.

-         The proposed decision is to increase the capacity within The Education Programme to fulfil The Council’s responsibilities for tuition through a Service Level Agreement (SLA).

•         Background

-         SEND requires tuition to meet a child’s EHC Plan’s education provision short-term whilst a long-term placement is sought, most often due to a delay in finding a special school place.

-         There are two distinct types of tuition arrangement utilised by Kent County Council (KCC):

-         an internal provision provided by The Education Programme within Fair Access, Education; and

-         spot purchased placements with external tuition companies.

-         The provision provided by these two types of tuition is inconsistent. Due to capacity issues The Education Programme offers an average of 5 hours per week, whilst external companies are commissioned for 10 hours per week.

-         Currently SEN consult with The Education Programme before referring to the external market. There is not a Service Level Agreement (SLA) in place between SEN and Education to describe the service to be delivered; quantities, quality and Key Performance Indicators (KPIs).

•         Options Appraisal

1.       Do nothing

2.       Continue using The Education Programme at current levels and formalise external provider arrangements

3.       Increase The Education Programme capacity to support all standard tuition requirements and formalise the arrangement with an SLA

-         Option 3, to increase The Education Programme’s capacity to support all standard tuition requirements and formalise the arrangement with an SLA, is the preferred option as it is offers best value for these types of placements whilst supporting good outcomes for CYP with EHC Plans.

-         The increase will include ensuring all students are offered suitable hours per week in a consistent manner to fulfil KCC’s statutory duty to provide an appropriate timetable and ensure equity across placements.

-         The proposed decision will contribute to the outcome “Children and young people in Kent get the best start in life” by ensuring consistent, high-quality, and best value standard tuition for CYP with EHC Plans requiring temporary education.

-         Option 1, to do nothing, was discounted because the spend is non-compliant with the Public Contract Regulations (PCR) 2015 and the provision is inconsistent for students with EHCPs.

-         Option 2, to continue using The Education Programme at current levels and formalise external provider arrangements, was discounted as it did not represent best value.

-         The risks involved with not taking this decision include:

•         continued non-compliant spend (PCR 2015); and

•         inconsistent provision and outcomes for CYP with EHC Plans.

•         Strategic Plan

-         Through the commissioning of the contract, we will support the following strategic outcomes of KCC:

•         Kent’s children have the best start in life and families get the right help and support when they need it; and

•         every young person in Kent gets the education, skills and experiences they need for a successful future.

In addition, this service will support achievement of the following priorities:

•         Special Educational Needs and Disability (SEND): We are committed to working in partnership to make the necessary improvements for children and young people with SEND and their families.

•         Implementing the Kent Special Educational Needs and Disabilities (SEND) Written Statement of Action Plan: […] Following the result of our Ofsted and Care Quality Commission (CQC) inspection in 2019, we are focusing on designing better, more inclusive services to improve the quality of services for children and young people with SEND.

•         Support for vulnerable young people: Our role is to champion children, young people, parents and families. We want to improve life chances and close the achievement gap for vulnerable young people.

KCC Strategic Delivery Plan, 2020-23

As Cabinet Member for Education and Skills, in consultation with the Cabinet Member for Integrated Children’s Services, I agree to:

A) Increase the capacity within The Education Programme to fulfil the SEND (Special Educational Needs and Disabilities) Service’s responsibilities to provide education provision for children and young people (CYP) with Education, Health and Care Plans (EHC Plans) who are not attending school; and

B) Delegate decisions about the establishment of the new arrangements to the Corporate Director for Children, Young People and Education (CYPE), or other Officer as instructed by the Corporate Director for CYPE.

Proposed decision –

Implement a Hybrid Dynamic Purchasing System to enable a more co-ordinated approach to securing placements for children and young people (CYP) in Non-Maintained and Independent Special Schools (NMISS).  This will award contracts to schools after completion of a competitive tender process.

•         Decision

-         This decision is required because the total value of the contracts involved will exceed the threshold for a Key Decision.

-         The proposed decision is to implement a Hybrid Dynamic Purchasing System to enable a more co-ordinated approach to securing placements for CYP in NMISS.  This will award contracts to schools after completion of a competitive tender process.

•         Background

-         Non-maintained Independent Special School (NMISS) placements form part of the wider Special Educational Needs and Disabilities (SEND) Service and are required to fulfil KCC’s statutory responsibility to provide suitable education for all students. There is a need for a strategy to commission placements in a consistent manner, with mechanisms to enable KCC to monitor quality, improve outcomes and ensure placements offer best value for money.

•         Options Appraisal

          1. Establish a Qualified Provider List

          2. Establish a hybrid Dynamic Purchasing System (DPS)

          3. Increase internal, maintained provision

                     4. Flexi-block contracts/bespoke arrangements with providers

          5. Do nothing

-         Option 2, to create a hybrid Dynamic Purchasing System (DPS), is the preferred option as it allows for strategic relationships to be developed. Both block contracts and individual placements can be procured through the DPS in a way compliant with the Public Contract Regulations (PCR) 2015.

-         A DPS is a type of framework contract that allows other providers to join throughout the term of the contract, as long as certain criteria are met, and is the DfE recommended approach to procuring NMISS placements.

-         A hybrid DPS offers more flexibility in procurement options to encourage more engagement from providers and to adapt to the changing SEND landscape over the next few years.

-         The proposed decision to establish a hybrid DPS would enable KCC to improve outcomes for vulnerable CYP whilst improving the value for money of placements.

-         Option 1, to establish a Qualified Provider List, was discounted because it would not enable more strategic conversations to take place with schools.  A Qualified Provider List is better suited to stabilising markets, rather than shaping them, and it would not provide clarity of costs for placements.

-         Option 3, to increase internal, maintained provision, is to be considered alongside the proposed option but the need to manage the NMISS market will remain.

-         Option 4, to have flexi-block contracts/bespoke arrangements with providers, can be incorporated into a hybrid DPS, so this option was not considered independently.

-         Option 5, to do nothing, was discounted because of the increasing spend, which is non-compliant with the PCR 2015, and inconsistent outcomes for students with Education, Health and Care Plans (EHC Plans).

-         The risks involved with not taking this decision include:

•         continued non-compliant spend (PCR 2015);

•         increasing costs; and

•         inconsistent provision and outcomes for CYP with EHC Plans.

•         Strategic Plan

-         Through the commissioning of the contract, we will support the following strategic outcomes of KCC:

•         Kent’s children have the best start in life and families get the right help and support when they need it; and

•         every young person in Kent gets the education, skills and experiences they need for a successful future.

In addition, this service will support achievement of the following priorities:

•         Special Educational Needs and Disability (SEND): We are committed to working in partnership to make the necessary improvements for children and young people with SEND and their families.

•         Implementing the Kent Special Educational Needs and Disabilities (SEND) Written Statement of Action Plan: […] Following the result of our Ofsted and Care Quality Commission (CQC) inspection in 2019, we are focusing on designing better, more inclusive services to improve the quality of services for children and young people with SEND.

•         Support for vulnerable young people: Our role is to champion children, young people, parents and families. We want to improve life chances and close the achievement gap for vulnerable young people.

KCC Strategic Delivery Plan, 2020-23

As Cabinet Member for Integrated Children’s Services, in consultation with the Cabinet Member for education and Skills, I agree to:

A)  Implement a Dynamic Purchasing System to procure Non-maintained and Independent Special School (NMISS) placements

B) Delegate decisions about the establishment of the new arrangements to the Corporate Director for Children, Young People and Education (CYPE), or other Officer as instructed by the Corporate Director for CYPE