Proposed decision:

 

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

 

1)    AGREE to continue the disposal of Sessions House in its entirety (Blocks A-E);  

 

2)    ALLOCATE £20m as identified in the Council’s 2023-33 Capital Programme Budget, approved by County Council on 9 February 2023 to deliver the proposed works, inclusive of costs incurred to date (£1.65m) as part of the SHQ Programme for Invicta House to accommodate the new Strategic Headquarters (SHQ) arrangement, followed by the award of a construction works contract as necessary to deliver the scheme and any required decant within the agreed budget limits; 

 

3)    NOTE that the provision of a dedicated Council Chamber in Invicta House is additional to the scope of the previous decision and will require additional capital funding to be allocated through the Budget setting process;  

 

4)    AGREE to progress with the inclusion of a new Council Chamber located in Invicta House within the approved SHQ plan, subject to completion of detailed design development at RIBA Stage 4 and appropriate capital funding allocation through the Budget setting process.

 

5)    DELEGATE authority to the Director of Infrastructure, subject to the above progression requirements being met and in consultation with the Leader, the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, s151 Officer and the Monitoring Officer, to approve required works and to negotiate, finalise and award relevant contracts in relation to the dedicated Council Chamber; and 

 

6)    DELEGATE authority to the Director of Infrastructure in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, s151 Officer and the Monitoring Officer, to authorise the execution of necessary contractual and land agreements and enter into other contracts or legal agreements as required to implement the decision. 

 

Reason for the decision:

 

Kent County Council’s (KCC’s) Strategic Headquarters requires significant investment to address building condition issues and to deliver accommodation which is fit for purpose. This decision supports the Councils considerations in making best use of its resources and estate, whilst remaining options are assessed.

 

Background:

 

An options appraisal was previously undertaken based on the pre COVID-19 pandemic working styles during early 2020. This appraisal was then revisited, taking into account the changes in the way that KCC need to work post the pandemic, and a new accommodation model was developed, which allowed a number of new options to be considered.  

 

The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services then took decision 21-00064 on 13 August 2021, to progress with the marketing of Blocks A, B and E of Sessions House for disposal and to develop an option for the refurbishment and modernisation of Blocks C and D, predominately for civic uses and Invicta House as a staff hub.

 

In October 2022, given the Council’s significant financial challenges, the Deputy Leader and Cabinet Member instructed officers to pause design work for the 2021 option, revisit the scope and present lower capital cost options. The £35m capital budget allocated to the project was reduced to £20m and endorsed by full Council in February 2023.

 

Four lower cost options were considered and developed in further detail with both the qualitative and financial assessment. Two options failed the assessment with two options progressing passing the evaluation process.

 

On 26 July 2023, the updated Business Case report was provided to the Policy and Resources Cabinet Committee and summarised the options available for the estates strategy moving forwards, within the revised Medium Term Financial Plan (MTFP) cap of £20m.The report identified a preferred Option - the increased utilisation of Invicta House, and the disposal of Sessions House (in its entirety). This preferred option was subsequently agreed under the Key Decision 23-00072 on 12 September 2023 with its viability tested further as set out in this report.

 

Sessions House was marketed and following the evaluation of bids a preferred bidder has been appointed for the disposal of the whole of Sessions House, along with further work to test and further develop the preferred option which reconfirms that the preferred option continues to meet the objectives of the council and is within the assumptions of the MTFP. Since the Key Decision which was taken in 2023 this option has been updated in the business case addendum. The proposed decision commits the council to the implementation of the Preferred Option, the disposal of Sessions House in its entirety and the consolidation and relocation of the functions carried out in Sessions House into Invicta House.

 

Other options considered are detailed within the Business Case.

  

How the proposed decision supports the Interim Strategic Plan, Framing Kent's Future - Our Council Strategy 2022-2026 and Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf:

 

SHQ and its future direction is a key strand of the office strategy as part of the Future Assets programme of the Strategic Reset programme and the delivery of the MTFP savings. 

 

 

Proposed decision:

 

That the Cabinet Member for Education and Skills agrees to:

 

a.    Commence the statutory prescribed alterations process by publishing a notice of proposed changes to the designation of specific special schools maintained by Kent Council, which are affected by the Special School Review;

2. Delegate authority to the Director of SEND to issue the Public Notice;
3. Request that specific Academy Trusts affected by the Special School Review apply to the Secretary of State under the ‘making significant changes to an academy’ process to change the type of SEN provision made in the special Academies affected by the Special School Review, and to confirm that KCC will support that application;
4. Introduce a school-to-school support model for mainstream and special schools in Kent to collaborate through outreach and/or in-reach arrangements; and
5. Delegate authority for the Director of SEND, in consultation with the Cabinet Member for Education and Skills to take relevant actions including but not limited to entering into relevant contracts or other legal agreements as required, to implement the decision

 

 

Reason for the decision

 

Kent County Council (“KCC”) has a duty to plan sufficiency of school places for all children and young people, including those with SEND. As part of its programme to transform SEND provision across the county, KCC is planning special education needs (“SEN”) provision for children across mainstream schools, specialist resource provision in mainstream schools (“SRP”), and special schools. Through its planning, KCC is seeking to ensure that children in Kent have access to suitable education within or near their local community.

 

In mainstream schools, KCC has defined, clear expectations for supporting children with SEN through its mainstream core standards. In SRPs, places have been planned for children with special educational needs who have an Education, Health and Care Plan (“EHCP”) and can follow a mainstream curriculum with reasonable adjustments, specialist input and/or adaptations. KCC is also planning sufficiency of placements in special schools for children with an EHCP who have severe and complex special educational needs and require an adapted curriculum.

 

A comprehensive review of special school provision in Kent has not taken place since 2001, and the last review of special school funding occurred in 2010. The current system in Kent is insufficient to achieve KCC’s objective of ensuring that children in Kent have access to suitable education within or near their local community. KCC’s educational planning for children in Kent with SEN is firmly anchored in a values-based approach, that prioritises the needs and well-being of all children and young people with SEN across Kent’s state-funded education settings.

 

The proposals are based in values of equity, local responsibility for children and young people and their preparation for adulthood.  These values have informed  proposals to meet children and young people’s needs locally with suitable education provided as close as possible to a child’s home; provide equity of access to special education provision with a commitment to ensuring a child’s access to special educational needs provision is not determined by where they live; provide appropriate and equitable levels of funding so that special schools are able to meet the needs of the children they are expected to provide for; and a commitment to focus on pupil outcomes with an emphasis on progression to independence in adulthood.

 

 The current system is also financially unsustainable, with KCC excessively relying on high-cost places in the private sector, which is insufficient to meet challenges the special school sector in Kent faces today. One of the key intended outcomes of the special school review is to enable the LA to meet its medium to long-term planning for a financially sustainable special school model.

 

Currently KCC is facing an unsustainable financial position and is one of the Local Authorities participating in the DfE’s Safety Valve Programme. The DfE Safety Valve Programme is designed to eliminate KCC’s deficit in its Dedicated Schools Grant by the end of 2027-2028. By this agreement with the DfE, KCC has agreed to implement a DSG management plan. The plan includes action to implement the Countywide Approach to Inclusive Education (CATIE), by improving the SEN offer in mainstream provision (which is also the subject of a separate consultation) as well as ensuring there is sufficient and consistent capacity across the county to support children with the most severe and complex needs in a special school their local area where possible. The Special School Review undertaken by KCC is a critical part of the wider reforms needed to ensure the Council can provide suitable education for all children with SEN, within the resources available. 

 

By making changes in mainstream schools and SRPs in Kent, and medium-long term planning for children with severe and complex SEN being educated at special schools, KCC aims to reduce its reliance on the private special school sector. Currently, the annual cost of a place at a private special school is nearly double that of a state-funded special school place, making it crucial for KCC to transition towards more strategically planned and cost-effective solutions that meet the needs of all children with SEN.

 

On 16May 2024, the outcome of the Special School Review was presented to the Children, Young People and Education Cabinet Committee as part of KCC’s system wide transformation projects alongside the Locality Model for Special Educational Needs Inclusion (now known as Communities of School) and the SRP Review.  The Cabinet Committee agreed to proceed with a public consultation on proposed changes to the designation of publicly funded special schools in Kent, and proposed changes to admissions guidance for certain special schools.

 

The public consultation ran from 19 June 2024 to 14 August 2024, and has now closed. The consultation focussed on proposed changes to the designations and admissions guidance for certain special schools in Kent, and a new proposed school-to-school support model in Kent. Consultees were also asked to provide feedback on KCC’s expectations statement for how special school places should be planned (which is consistent with the requirements of the Children and Families Act 2014 (“CFA 2014”)).

 

The consultation made clear that if KCC decided to move forward with the proposals, following consideration of the consultation feedback received, the next step would be to commence the statutory prescribed alteration procedure in relation to changes to SEN designation of KCC maintained schools. In relation to special Academies, KCC does not have any power to make changes to the type of SEN provision provided. The consultation therefore made clear that, if KCC decided to move forward with the proposals, the next step in relation to special Academies would be for KCC to the relevant Academy Trust(s) apply to the Secretary of State to approve the proposed changes under the ‘significant change’ mechanism which applies to academies.

 

The responses to the public consultation have been analysed, a report has been prepared for the Cabinet member which summarises those consultation responses. The Cabinet member will carefully consider that report before taking any decision.

 

The recommendations are that the Cabinet member agrees as follows:

 

1.    Prescribed alterations (maintained schools)

 

KCC will proceed to publish a statutory notice of proposed changes to the type of special educational needs for which the school is organised to make provision, for the following special schools:

 

School Name	Current Designation	Proposed Designation
Broomhill Bank School	Communication and Interaction	Neurodivergent and Learning Difficulties
Grange Park School	Communication and Interaction	Neurodivergent and Learning Difficulties
Laleham Gap School	Communication and Interaction	Neurodivergent and Learning Difficulties
Stone Bay School	Communication and Interaction with Severe Learning Difficulties	Profound, Severe and Complex Needs
Valence School	Physical Disabilities and Complex Medical Needs	Profound, Severe and Complex Needs

 

A formal consultation and representation period will run for 4 weeks following publication of the statutory notice. Any representations and/or objections received in relation to the changes proposed will be considered by KCC before a final decision is taken on whether to proceed with the change in the type of special educational needs for which the school is organised to make provision. If the changes are adopted, then admissions guidance for the schools will also be amended to reflect the change.

 

2.    Academy Trusts

 

KCC will proceed to request that the Bourne Alliance Multi Academy Trust and the Leigh Academies Trust respectively apply to Secretary of State to make changes to the type of SEN provision in the following special Academies:

 

School Name	Current Designation	Proposed Designation
Aspire	Communication and Interaction	Neurodivergent and Learning Difficulties
Snowfields Academy	Communication and Interaction	Neurodivergent and Learning Difficulties

 

KCC will support any such application. If the Academy Trusts agree, the steps in the applicable significant change process for academies will be followed, and a decision will be taken by the Secretary of State for Education. If the change is approved, KCC will also request that the Academy Trusts amend their admission guidance for these Academies to reflect the change in type of SEN.

 

3.    School-to-school support model

 

KCC will introduce a school-to-school support model for mainstream and special schools in Kent to collaborate through outreach and/or in-reach arrangements.

 

Background:

 

The review of Kent’s 24 state-funded special schools has been focused on the areas of accountability that relate to the Local Authority’s statutory responsibilities to secure efficient primary and secondary education to meet the needs of the population of KCC’s area and to ensure that sufficient school places for primary and secondary education are available for their area. KCC must also keep under review the educational provision made in its area for children and young people who have special educational needs or a disability and must consider the extent to which the provision is sufficient to meet the educational needs of the children and young people concerned. KCC must secure suitable education for children and young people for whom an EHCP is maintained, and is under a duty to make placements that are an efficient use of resources.

 

To fulfil its duty in planning sufficient provision for children and young people with SEN, KCC aims to ensure that all children and young people with SEN are educated in suitable and appropriate settings. KCC’s aim is that, as far as possible, local state-funded special school provision is to be available for children and young people with severe and complex special educational needs, that is within or near their local community. This approach seeks to improve outcomes and promote independence in adulthood. The special school review focussed on developing recommendations which aim:

 

• To propose options for the future that foster collaboration towards building a more equitable, efficient and effective educational landscape for all children in Kent.
• To identify opportunities for strategic system change to improve SEN provision, enhance educational outcomes, and promote inclusivity for children and young people with SEN in their local communities.
• To inform the planning of special school places over the medium to long-term for children with SEN for whom KCC maintains an EHCP in which a special school need is identified and a placement is named.
• To inform the designation and admission guidance for special schools so that there is clarity about the type of SEN of children and young people for whom KCC has planned special school provision as well as equity of access for children and young people with SEND.
• To inform the principles of funding to ensure a financially sustainable approach to funding state-funded special schools, with funding matched to the level of adaptation and resources needed to provide suitable education for the children placed by KCC.

 

It is intended that SEN system transformation across mainstream schools and SRPs, alongside a revised special schools model will help Kent County Council reduce its dependence on the private sector special schools by approximately 44%. This shift is essential to ensure the most effective and appropriate use of the High Needs Funding Budget. The revised model would ensure equitable access to special school places for children and young people with severe and complex SEND in or near to their local communities, which helps them to develop the skills and strategies needed for independence in adulthood.

 

Before a final decision can be made in relation to changes to the SEN designation of affected special schools in line with the revised model proposed (by KCC, or the Secretary of State in relation to academies) the specific processes set out in this document be followed, which it is recommended that KCC proceed with.

 

Options (other options considered but discarded)

 

The option of retaining the current special school model in Kent in the short, medium, or long term, has been discounted as it would risk perpetuating inequalities in access to state-funded special school placements, continue barriers for some children and young people with SEN in accessing appropriate support, and ongoing financial challenges due to reliance on costly-out of county and private school placements. The status quo would continue to prevent some children with the most severe and complex special educational needs, including those with dysregulated behaviours, in accessing special school places. It would also hinder progress toward Kent’s strategic goals of inclusion and improved outcomes for children and young people.

 

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026

 

KCC’s strategic vison for children, young people, and families, is set out in ‘Framing Kent’s Future’. Priority 1 of this vision “Levelling up” states ‘ Our commitment is to maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.’ And the proposed decision is a first stage in considering proposed changes to the designations of particular special schools in Kent to address this commitment.

 

The SEN transformation programme generally is intended to ensure that all children with SEN have planned suitable education provision across the state-funded sector, in placements which meet their special educational needs, and are within or near the child’s local community. Work is underway to improve the inclusivity of mainstream schools, ensuring that mainstream schools are able to meet the needs of those with less severe and/or complex special educational needs. The intention of the special school review is to enable all children and young people with severe and complex special educational needs to consistently access state-funded special school places within or near their local community.

 

How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf

 

The proposed decision is a first stage in considering proposed changes to the designations of particular special schools in Kent.

 

Proceeding with the proposals at this stage supports “Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP” in particular “CYPE placement strategies: Work to assess the opportunities that exist around sufficiency strategy, ensuring the right mix of placements and working towards bringing placement costs down”.

 

The changes proposed will not lead to cost savings on their own. The wider system changes being implemented by KCC (including the CATIE, the Mainstream Core Standards, Communities of Schools, the SRP Review and the Sufficiency Plan) in response to the requirements of the Safety Valve and the Improvement Notice, will move the council towards greater financial sustainability moving forward. This is in line with KCC’s statutory duty, with the aim of reducing our current overspend of approximately £50m a year (15%) to breakeven by March 2028, and achieving ongoing financial security. KCC’s aim is to maximise the use of funding for the benefit of Kent’s children and young people rather than profiting private companies as was recently identified nationally.

 

Proceeding with the proposals at this stage also has the potential to positively impact the SEN home to school transport budget.  By implementing a key principle of “meeting needs locally” , distances travelled will be reduced, enabling more cost-effective transport arrangements. The 24-27 published MTFP included an indicative annual saving of around £10m per year from achieving this aim.

 

Financial Implications

 

Funding for special schools is provided by the Department of Education through the High Needs Block of Dedicated Schools Grant. The Council is responsible for both the setting and payment of the Special Schools budgets. In 2023- 24, Kent spent approximately £152m on special school places. This is the largest expense in the High Needs block, accounting for just over 40% of total spend. This includes approximately £9m on exceptional pupil need (additional funding requests outside the standard funding rates).

 

The proposed decisions at this stage relating to changes in the designation of particular special schools do not have a significant revenue impact. If a decision is made to proceed with the changes following the applicable alteration/change process, any additional revenue costs of delivering those changes would be met from within the overall High Needs Budget.

 

With regard to potential capital costs, he High Needs Capital Programme totals £61m as agreed in the County Council Budget for 2024-25. This is funded from the Department of Education specific grant.

 

Legal Implications  

 

KCC is subject to statutory sufficiency duties under the Education Act 1996 (the “1996 Act”), including to secure that efficient primary education and secondary education are available to meet the needs of the population in its area. This includes ensuring that sufficient school placements, in number, character and equipment are available in Kent to provide all pupils the opportunity of appropriate education.

 

KCC is also subject to duties under the Children and Families Act 2014 (the “2014 Act”), to keep under review the educational provision for children and young people with special educational needs or disability, and consider the extent to which its provision is sufficient to meet the educational needs of its population. If an education, health and care needs assessment identifies a need for SEN provision to be made, an EHCP must specify the SEN provision required. A parent or young person has the right to request the authority to secure that a particular school or other institution is named in the EHCP.

 

If a particular school or institution is requested by a parent then KCC is required, under the 2014 Act, to secure that the school or institution requested is named in the EHCP unless either: (i) the school or institution requested is unsuitable for the age, ability, aptitude or special educational needs of the child or young person concerned; or (ii) the attendance of the child or young person concerned at the requested school or institution would be incompatible with the provision of efficient education for others or the efficient use of resources. A parent of a child with an EHCP may appeal to the First-tier Tribunal against matters including: (i) the school or institution, or type of school or institution, named in an EHCP; and (ii) if no school or institution is named in an EHCP plan, that fact.

 

Changes to the type of SEN provision made at a local authority maintained school must be made via the statutory ‘Prescribed Alterations process’, set out in sections 18-24 of the Education and Inspections Act 2006 (the “2006 Act”), and the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013 (the “Prescribed Alterations Regulations”). The proposed decision would trigger the first step under the Prescribed Alterations Regulations,  to publish a statutory notice setting out the prescribed alteration proposed for each of the affected special schools that are maintained by KCC. KCC does not have the power to change the type of SEN provision made at a special Academy which is part of an Academy Trust. Any change to the designation of a special academy can only be made through a separate Academy Trust process for making significant changes to an academy, by an application to the Secretary of State. The Secretary of State will be the ultimate decision-maker as to whether changes to the designation and type of SEN provision that is made at special Academies should proceed.

 

The proposed changes to the designation of the special schools above, if approved pursuant to the prescribed alterations procedure (or significant change procedure for special Academies), do not displace KCC’s statutory duties under either the 1996 Act or the 2014 Act. KCC is still required to identify a child/young person’s special educational needs, identify the SEN provision required, and secure that provision. Where a parent requests a particular school, KCC will be under a duty to give effect to that parental preference unless one of the statutory exceptions applies. Every child will continue to have their needs met in accordance with the statutory scheme if the recommendations are adopted. Further, children already enrolled in a special school would continue to attend that special school. The process for their continued attendance would remain the same as it currently stands, with their needs and the suitability of their school placement being reviewed and considered through the annual or phase transfer review of their EHCP.

 

Equalities implications

 

KCC is under a duty to have due regard to the three equality needs set out in section 149(1) of the Equality Act 2010, being: (a) the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Act; (b) the need to promote equality of opportunity; and (c) the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

 

An EQIA has been undertaken and was subject to the public consultation with the responses received used to further develop the document. Equalities implications have been identified in the EQIA in relation to age, disability and sex alongside mitigating actions required. The changes proposed should also be considered alongside other systemic changes affecting children with SEN, including the introduction of an accessibility strategy^[1] and steps to make mainstream schools more inclusive.

 

The special school review EQIA will continue to be regularly reviewed throughout further decision-making stages.

 

Data Protection implications

·   Not required

 

Proposed decision:

 

That the Cabinet Member for Education and Skills:

 

(a)  Approve the proposal to the School Funding Forum that funding for the following services should be provided from the schools’ budgets in line with the funding all schools receive under the National Funding Formula, as is currently the case for Academies, and that the Council no longer provides its own additional funding for these purposes:

 

·         School improvement and intervention support for maintained schools and PRUs;

·         Moderation of national curriculum key stage assessments;

·         Support to governing bodies when recruiting their headteacher; and

·         Redundancy and associated pension costs relating to school staff.

 

(b)  Delegate authority, subject to the agreement by the School Funding Forum to the proposals and the final outcome reflecting the Policy decision made above by the Cabinet Member, to the Corporate Director for Children, Young People and Education to take relevant actions including but not limited to entering into relevant contracts or other legal agreements as required, to implement the required changes to give effect to the decision

 

 

Reason for the decision

 

The national funding arrangements for schools and local authorities has been shifting over the years.  With the introduction of the School Funding Reforms in 2013-14 Local Authorities were directed to delegate a number of former centrally retained Dedicated Schools Grant (DSG) budgets to schools for the first time. At the time, a total of £8.7m of DSG funding was delegated to schools from 1 April 2013 and at the same time, local Schools Funding Forums were given the powers to de-delegate funding. This is where some of this funding is returned to the LA for certain categories of spend where better efficiency could be achieved through central delivery by the LA.

 

The Education Services Grant (ESG) allocated to local authorities by the Government for the provision of statutory services in relation to schools was withdrawn in 2016/17. The DfE introduced a provision within the School Funding Regulations for local authorities to agree a contribution from LA maintained schools budget shares towards the cost of statutory services. This principle reflects the charge that most Multi Academy Trusts (MATs) place on their schools for central services.

 

Between 2017 and 2023 the Local Authority School Improvement Monitoring and Brokering Grant was allocated to local authorities to support them in fulfilling their statutory school improvement functions. When this was withdrawn in 2022/23, local Schools Funding Forums were given the powers to de-delegate and return some of this funding to the LA. The DfE’s withdrawal of grant reflects the fact that Academy Trusts are expected to fulfil the same functions for their schools, and that the funding to do so comes from the budgets of the schools in their trusts.

 

With the introduction of the National Funding Formula and the withdrawal of DfE funding to Local Authorities to support schools, we have seen funding shifting from Local Authorities to schools to pay for services.

 

The Council currently funds a range of services which are provided to maintained schools.  Following consultation with maintained mainstream and special schools, and pupil referral units (PRUs), a decision is needed as to whether the Council or schools’ budgets will pay for certain services in 2025-26.

 

Background

 

The Council currently funds:

·   School improvement and intervention support for maintained schools and PRUs;

·   Moderation of national curriculum key stage assessments;

·   Support to governing bodies when recruiting their headteacher; and

·   Redundancy and associated pension costs relating to school staff.

 

The grant funding the Council previously received to provide these services has, to all extents, ended, and the funding transferred to schools budgets.  Schools and PRUs are being consulted on whether the costs of providing these services should in future be met via their budgets, either directly, or through either de-delegation or top-slicing as allowed for by Regulations.

 

Options (other options considered but not proposed)

 

A review of the services provided to schools by the Council considered, for each area of service delivery, whether the service should “continue, stop, reduce or change”. . 

 

For change in 2025-26, four areas of service delivery were identified, and have been subject to consultation.  In respect of school improvement and intervention support, moderation of national curriculum key stage assessments, and redundancy costs the Council has to discharge its statutory duties, thus cannot stop providing the services, but finance regulations provide for the costs of these to be funded through schools budgets (i.e. change).  The option to reduce support continues to exist, but was not the preferred option.  Continuing without change was not seen as a viable option, because funding has moved from the Council to schools.  In respect of headteacher recruitment support, the proposal is to cease providing this support for free.  Schools are responsible for recruiting staff.  Options to de-delegate funds or simply buy support when required were included in the consultation.

 

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026

 

Priority 1 of Framing Kent’s Future sets out the Council’s commitment to maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.  It states the Council will maintain improvement support services for all Kent schools, including maintained schools and academies, to maintain Kent’s high-quality education system.

The proposals seek to secure the funding necessary to enable the Council to deliver this commitment. 

 

How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf

 

The Council has continued to provide the above services, partly funded by de-delegated funding from schools (£1.5m), but with a further £1.5m from its own resources.  The proposals would result in schools meeting the full costs.

 

 

Proposed decision

 

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

 

1.       the disposal of the property at the Long Field, Quaker Lane, Cranbrook, Kent; and

 

2.       delegate authority to 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 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 its projected value, a key decision will be required as per Kent County Council’s constitution.

 

Background

 

The property extends to approximately 2 hectares, mainly comprising of grassland and was last used as a highways depot; the site has been declared surplus as it is no longer required for operational purposes.

 

In 2018 the site was marketed for disposal and on 29 January 2019 Kent County Council (KCC) entered into a promotion and option to purchase agreement expiring 29 January 2025 with Heyworth Properties Limited.

 

A planning application (reference 23/03246) was submitted for a scheme comprising 34 residential units with a determination anticipated in quarter 4 (Q4) of 2024. Following the grant of a satisfactory planning permission, Heyworth Properties Limited would either purchase the property for development or it will market and sell to a third party, paying a proportion of net sale receipts to KCC in accordance with the terms of the agreement. It is expected that the level of net sales receipts to KCC will be over the £1m delegated threshold and will therefore require a Key Decision.

 

Options (other options considered but discarded)

Whilst under contract, a decision not to perform under its terms would be possible, however this would have legal and cost implications. The recommendation therefore will be to perform under the contractual agreement for the sale of the property unless it expires in the meantime.

 

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026

 

This decision supports Framing Kent’s Future as the disposal will, along with other assets within its disposal programme, contribute to the Council’s aim to become carbon neutral. It will also release brownfield redevelopment opportunities, helping towards the County’s housing targets.

 

How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy

 

This decision supports Securing Kent’s Future 2022-2026 by securing a capital receipt to invest in KCC’s priority projects and programmes whilst also streamlining KCC’s property portfolio, achieving financial and efficiency benefits.

 

Proposed decision:

To agree the Commissioning Plan for Education Provision in Kent 2025-29

 

 

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 2025-29 (KCP) is a five-year rolling plan which is updated annually. It sets out our future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent.

 

The Plan sets out how we will carry out our responsibility for ensuring there

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

 

This Plan reflects the dynamic and ongoing process of ensuring there are sufficient places for Kent children in schools, and other provisions.  It is subject to regular discussion and consultation with schools, district/borough councils, KCC (Kent County Council) Elected Members, the diocesan authorities, and others.  The content of this Plan reflects those discussions and consultations.

 

Options

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

 

Proposed Decision:

Cabinet Member for Integrated Children’s Services to:

 

APPROVE the proposal to not re-commission the services that are currently provided at Seashells and Millmead Family Hubs when the current contracts reach the end of their term on 31 March 2025. 

 

Reason for the Decision:

 

The financial challenges facing all local authorities is critical. KCC needs to deliver £108.8m (2024-25 published Medium Term Financial Plan) of transformation and efficiency savings over the next two years. Our work to meet these challenges has already meant changes to services across the county.

 

In October 2023 the KCC Cabinet adopted ‘Securing Kent’s Future’ which set out the scale of the financial challenge and the approach to tackling it. The financial situation means that we have needed to adopt a Recovery Plan which sets out how we plan to meet the challenge. A key part of the Recovery Plan is to make ‘further savings and generate income through the Medium-Term Financial Plan (MTFP)’.The MTFP sets out precisely what savings are needed to balance the budget and where those savings could be made.    

 

Background

In November 2023 KCC Cabinet took a decision to implement the Family Hub model across the County. At the time, that included transformation and efficiency plans for 56 Family Hub locations across Kent not including the two Independently managed centres, Millmead and Seashells (in line with the Kent Communities Programme decision, also from November 2023).

 

The service contracts for the two Centres were tendered and awarded in 2020 for a period of 12 months. The services were subject to Directly Awarded contracts from April 2021 to March 2022 under Covid-19 guidance. A Key Decision (21/00086) was taken on 10 November 2021 to directly award contracts to the existing providers for a further year until 31 March 2023. A further Key Decision (22/00108) facilitated an additional 12 month extension, meaning the contracts ended on 31 March 2023.   

 

To minimise duplication of provision and to ensure that future specifications complimented the Kent Family Hub model being developed, the procurement of new commissioned services was delayed. In 2024, a further Direct Award was made to the two centres as Family Hubs. The terms and conditions of this contract were continued from the previous contract and require a six month notice period.  Therefore the current contracts end 31 March 2025. Indicative notice of the end of the contracts was given to each provider, subject to the outcome of the consultation and any resultant Key Decision in July 2024.

 

Further extension of these contracts is not possible, other than to cover any period of procurement for new contracts, subject to the decision.

 

It is therefore proposed that KCC will not re-procure these two contracts when they come to their end on 31 March 2025.  The Family Hub service will be delivered from within existing Family Hubs in Margate as an alternative to the Millmead Centre. In relation to the Seashells Centre a Family Hub service will be offered from the Sheerness Gateway. Some minor investment may be required at the Gateway to enhance safeguarding provisions given the increased number of children and babies that may be in attendance.

 

Options (other options considered by discarded)

 

These are the options explored by the service for alternatives:

 

1. Reprocure the contracts, be that from these or other providers, therefore not achieving the saving set out in the MTFP – this would require a short-term extension of the existing contracts to run the procurement for the new contracts. This means that the saving identified within the MTFP would then not be made.

 

2. Do not reprocure the contracts, instead rent space in the centres to deliver a KCC Family Hub service – this would mean the continued use of the Millmead and Seashells centre by the local authority but with a reduced cost to KCC covering the rent for the building, rather than the cost of commissioning the full-service delivery. Further it would impact on the savings requirement in the MTFP

 

Financial Implications:

In accordance with the Cabinet decision to support the recommendations in the paper Securing Kent’s Future on 5 October 2023, the approach set out makes sure that, in line with the Recovery ‘further savings and income for the Medium-Term Financial Plan (MTFP)’ are realised.

 

The decision to not reprocure the two contracts will save £426k annually.

 

Minor capital investment will be required at the Gateway site to facilitate safeguarding and the appropriate use of the space for the Family Hub activities. It is planned that this is funded from the Capital grant award from the DfE to facilitate the Family Hub transformation.

 

Provider	Area	Contract End Date	Contract value per Annum
Millmead	Margate	31/03/2025	£222,127.44
Seashells	Sheerness	31/03/2025	£204,302.16
Totals			£426,429.60

 

 

 

Proposed decision:

 

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

 

1.    authorise the granting of a Lease in excess of 20 years to UK Power Networks in order that a new electricity substation can be built within the grounds of the school, to serve new education buildings to be built in 2025; and

 

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

 

Reason for the Decision

The granting of a Formal Lease in excess 20 years requires a Key Decision in accordance with the County Council’s Property Management Protocol.

 

Background

The existing School buildings are beyond their economic lifespan and new school buildings need to be provided on the existing site to replace the existing ones.  Such an expansion will necessitate greater electrical consumption and UK Power Networks, as a Statutory Undertaker, also require additional capacity for all new substation developments for cases of local emergency.

 

In order for an adequate electricity supply to be provided to the new education buildings, it is necessary for a new electricity substation to be provided on part of the site, for use and operation by UK Power Networks. 

 

The proposed new substation will serve the school in the first instance and feed out to the local electricity network in cases of emergency.

 

For consistency with other leases granted on operational school sites to UK Power Networks and similar Statutory Undertakers, a lease of 99 years will need to be granted for the provision and operation of the new substation.

 

Options Considered 

No other options were considered as the new facilities cannot be operated without adequate electricity supply. The substation is necessary to ensure the development can be completed and brought into use.

 

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026 

This decision supports Framing Kent’s Future – Our Council Strategy 2022-2026 as the decision assists in enabling the provision of new education buildings for use by the existing school. This supports KCC's commitment to maintaining its strategic role in supporting schools in Kent to deliver accessible, high-quality education provision. 

 

Infrastructure for communities will be improved by the new substation, using modern materials and technologies associated with prevailing substation design and construction and protected for long term use by the presence of a long lease.?

 

Environmental Step Change objectives will also be achieved, as the proposed lease will compel the operator to use sustainable materials and reduce any carbon emissions compared to the existing substation, which will help the County Council achieve its Net Zero targets.

 

How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf

The Sub Station necessary to power the school will be supplied at no cost to KCC other than the preparation of the leases etc.

 

 

 

Proposed decision:

 

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

 

1.     authorise the granting of a Lease in excess of 20 years to UK Power Networks in order that a new electricity substation can be built within the grounds of the school, to serve the newly built development for operational educational requirements; and

 

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

 

Reason for the Decision:

The granting of a Formal Lease in excess 20 years requires a Key Decision in accordance with the County Council’s Constitution (Property Management Protocol).

 

Background:

Due to considerable residential development in the locality, pupil roll numbers have increased. This has necessitated the expansion and relocation of Rosherville Church of England Primary School. Kent County Council is currently building a new school on land acquired under a Section 106 Agreement.

 

In order that an adequate electricity supply can be provided to the new facility, it is necessary for a new electricity substation to be provided on site by UK Power Networks.

 

The proposed new substation will serve the school only and no other properties.

 

For consistency with other leases granted on operational school sites to UK Power Networks and similar Statutory Undertakers, a lease of 99 years will need to be granted for the provision and operation of the new substation.

 

Options Considered :

No other options were considered as the new facility cannot be operated without adequate electricity supply. The substation is necessary to ensure the development can be completed and brought into use.

 

 

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026: The decision will enable the provision  and operation of a brand new School. This supports KCC's commitment to maintaining its strategic role in supporting schools in Kent to deliver accessible, high-quality education provision.

 

Infrastructure for communities will be improved by the new substation, using modern materials and technologies associated with prevailing substation design and construction and protected for long term use by the presence of a long lease.?

 

Environmental Step Change objectives will also be achieved, as the proposed lease will compel the operator to use sustainable materials and reduce any carbon emissions compared to the existing substation, which will help the County Council achieve its Net Zero targets.

 

How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf

 

The decision supports Securing Kents Future 2022/26 strategy budget recovery since the land on which the new school is being built has been provided under a s106 and so there will be no requirement for KCC to fund the land acquisition.

The Sub Station necessary to power the school will be supplied at no cost to KCC other than cost for the preparation of the leases etc.

Proposed decision

 

Approval of School Access Initiative (SAI) Policy and Procedure

 

Background

 

The County Council provides capital funding, the Schools Access Initiative (SAI), to improve access for disabled pupils to the maintained mainstream schools for which it has capital responsibility (community, foundation and voluntary controlled schools). It supports the implementation of the Education Accessibility Strategy.

 

The SAI Policy and Procedure outlines the process for allocating the funding.

 

What is planned

The SAI Policy and Procedure has been drafted. This will be consulted on prior to presentation to the Children’s, Young People and Education Cabinet Committee for approval in November 2024.

 

How the proposal will support Framing Kent’s Future 2022-26:

 

The proposal will support:

 

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.

 

Priority 4: New Models of Care and Support

 

• Respond to national policy changes on SEND provision, work with SEND families to rapidly improve the service provided to SEND children and work with mainstream schools so more can accept and meet the needs of children with SEND, increasing choice and proximity of school places.

 

How the proposal will support Securing Kent’s Future 2022-26:

 

The proposal will support:

 

Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP.

 

• Having a clear SAI policy and procedure will ensure that capital funding is monitored, managed and used strategically to improve accessibility.
• It will help ensure accessible school provision is available in each of the 12 districts/boroughs. This will reduce the need for pupils to travel distances to access school places thus reducing the impact on the Home to School transport budget.

 

 

Proposed decision

 

Approval of the Education Accessibility Strategy 2024-27

 

Background

 

Schedule 10 of the Equality Act 2010 (the “Act”) places a duty on the local authority to prepare a written accessibility strategy relating to the schools it is responsible for. It also places a duty on responsible bodies of schools (i.e. governing bodies and trusts) to prepare a written accessibility plan.

 

In general, accessibility is about making sure a person is not excluded from something because of their disability. It is about removing barriers so that someone with a disability can do what they need to, in a similar amount of time and effort as someone who does not have a disability.

 

This strategy must set out how the local authority and its maintained schools currently ensure education is accessible for pupils with SEND, and what steps will be taken to further improve accessibility in the three areas:

 

1.         increasing the extent to which disabled pupils can participate in the schools’ curriculums;

2.         improving the physical environment of the schools so that disabled pupils are able to take increased advantage of educational benefits, facilities or services provided or offered by the schools;

3.         improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled.

 

Removing barriers empowers people with disabilities and helps them to be as independent as possible.

 

The Education Accessibility Strategy 2024-27 has been drafted.  This will be consulted on prior to presentation to the Children’s, Young People and Education Cabinet Committee.

 

How the proposal will support Framing Kent’s Future 2022-26:

 

The proposal will support:

 

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.

 

Priority 4: New Models of Care and Support

 

• Respond to national policy changes in SEND provision, work with SEND families to rapidly improve the service provided to SEND children and work with mainstream schools so more can accept and meet the needs of children with SEND, increasing choice and proximity of school places.

 

How the proposal will support Securing Kent’s Future 2022-26:

 

The proposal will support:

 

Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP.

 

• By supporting schools to be as accessible as possible we will be seeking to ensure that there is accessible school provision in each of the 12 districts/boroughs. This will reduce the need for pupils to travel distances to access school places thus reducing the impact on the Home to School transport budget. In addition, by ensuring that we have up to date accessibility information we can strategically target capital funding, providing best value for money, support and budget sustainability.

 

Financial Implications

 

Capital:

Currently, £750,000 is allocated each financial year from the Annual Planned Enhancement Budget for School Access Initiative works. In 2024-25, the total budget for SAI works was £1.9m (including £1.2m roll forward from previous years). This budget has been fully committed to projects due to be completed in either 24-25 or 25-26.

Revenue:

Accessibility audits in KCC maintained schools have been completed between 22-23 and 24-25 at a total one-off revenue cost to the general fund of approximately £450,000 to inform the future strategy. These costs have been reported against the “other schools services” key service budget line. There are no specific roles within the LA dedicated to accessibility instead a range of staff currently advise schools on accessibility and curriculum access, many of whom are charged to the Special Educational Needs revenue budget, most of which are funded from the High Needs Block of the Dedicated Schools Grant. Staff in the infrastructure service also support when specific building works are identified/ scoped / planned or agreed.

There are no additional revenue costs expected with this proposal. Implementation of the policy will be administered through existing resources.

 

Proposed decision

 

Leader of the Council to approve the Ukraine Co-operation arrangements and to authorise the entering into the relevant MOU with the Chernihiv Regional Government.

 

 

Reason for the decision

 

The Executive supports the ongoing Member led activity of engaging with charitable groups and community organisations across Kent. 

 

The progression to the entering into an MOU with the relevant Ukrainian authorities, under the authority of a KCC key decision, provides corporate support and represents the policy choice being made to formalise KCC’s commitment to work with partners and support Members in developing community led and delivered programmes of support and relief.

 

The decision does not authorise the commitment of KCC resources.

 

Background – Provide brief additional context

 

Around the UK, a small number of Local Authorities have entered into agreements with regions of Ukraine to establish connections, identify opportunities to offer support and to work with partners to facilitate relief and assistance.

 

Chernihiv is a region in northern Ukraine, bordering both the Russian Federation and the Republic of Belarus. This places the region on the frontline of the conflict and the damage inflicted by the war will require recovery over a number of years.

 

KCC will act as a co-ordinating body to encourage, facilitate where appropriate and promote relevant support activity in Kent.

 

 

Options (other options considered but discarded)

 

KCC was under no duty to enter into these arrangements.  It was viable for KCC to take no action in this area but this could have potentially limited the scope for co-ordination of the positive community led work already taking place in Kent.

 

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026

 

-      The decision includes the entering into an MOU which has longer term aspirations to support improved connections between Kent and Chernihiv, including promoting engagement and development between youth organisations, the charitable sector and tourism.  This supports the Levelling Up priority of Framing Kent’s Future.

-      The shorter term initiatives around supporting relief and aid activity to alleviate the suffering from the war in Ukraine does not involve commitment of KCC resources.

 

How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf

 

-      The decision relates to the entering into an MOU which does not commit KCC to the deployment of resources or spend.  The approach seeks to balance the political desire to support Ukraine with the financial limitations on the Council and the need to emphasise its  Best Value duty.

 

Proposed decision

 

The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to the adoption of the new Asset Management Strategy 2024-2030.

 

Reason for the decision

The existing Asset Management Strategy (AMS) is for the period 2018-2023 and so a new AMS strategy is required. The intention is that the new strategy will cover a period of 6 years, from 2024 to 2030.

 

Background

The AMS is a vital component of Kent County Council’s (KCC) operational and strategic planning. It provides a comprehensive framework for managing KCC’s diverse property assets, including those owned, leased, and tenanted. The AMS aligns with KCC’s broader strategies and policies, ensuring that assets are optimally used, suitably located, and sustainably maintained.

The need for an AMS arises from KCC’s commitment to efficiency, sustainability, and value for taxpayers. It guides the council in making informed decisions about the acquisition, use, and disposal of property assets. This is crucial in meeting the council’s operational needs and strategic objectives.

The AMS also plays a pivotal role in planning for the future use of assets. It outlines how KCC’s services will be delivered in the short, medium, and long term. This forward-thinking approach is essential in an ever-changing landscape, as it allows KCC to adapt and respond effectively to new challenges and opportunities.

Moreover, the AMS is integral to KCC’s transformation goals. As the council embraces new technologies and commissioning models, the strategy supports a flexible workforce and frontline delivery. It ensures that KCC’s property portfolio remains fit-for-purpose and can adapt to changing needs.

In summary, KCC’s AMS is not just about managing property assets. It is a strategic tool that enables the council to deliver efficient services, reduce environmental impact, generate income, and transform the way it operates. Without it, KCC would lack the strategic direction and control needed to manage its assets effectively and meet its service delivery objectives.

 

Options (other options considered but discarded)

Do nothing – discarded.

 

 

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026

The proposed decision will support the objectives of the Framing Kent’s Future – Our Council Strategy 2022-2026 by:

 

The new AMS can support “Framing Kent’s Future” in several ways:

• Levelling Up Kent: The AMS can contribute to narrowing the gaps in outcomes across Kent by ensuring that all assets, whether owned, leased, or tenanted, are optimally used and fit for purpose. This can help strengthen the county’s economy and improve life in deprived communities.
• Infrastructure for Communities: As Kent continues to grow, the AMS can ensure that all communities have the right infrastructure. By managing assets effectively, the AMS can support an ‘Infrastructure First’ approach to new development, improving digital connectivity, access, and ensuring people have access to safe and efficient travel options.
• Environmental Step Change: The AMS can play a crucial role in reaching Kent’s ambitious Net Zero targets. By ensuring that all council assets are maintained sustainably, the AMS can contribute to protecting and strengthening our natural environment.
• New Models of Care and Support: The AMS can ensure that the assets used to deliver services like health and social care are fit for purpose and located correctly. This can help in meeting the increasing demand for these services.

 

In summary, the new AMS can support “Framing Kent’s Future” by ensuring optimal use of assets, contributing to economic growth, supporting infrastructure development, aiding in environmental sustainability, and enhancing service delivery.

 

How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf

The proposed decision will support the objectives of the Securing Kent’s Future – Our Council Strategy 2022-2026 by:

 

The new AMS can support “Securing Kent’s Future” in the following ways:

 

• Financial Sustainability: The AMS can help address severe budget pressures by ensuring optimal use and management of assets. This can contribute to reducing the projected overspend and setting a longer-term sustainable course for the council.
• Service Delivery: The AMS can support the delivery of essential services, particularly in areas of significant pressure such as adult social care and children’s services. By ensuring assets are fit for purpose and located correctly, the AMS can help meet increasing demand and complexity of needs.
• Budget Recovery: The AMS can support the budget recovery plan by helping to reduce spending in the short term and making structural changes necessary over the medium to long term^[1]. This can ensure the council’s spending is sustainable and within the resources available from central government and council tax revenue.
• Efficiency and Effectiveness: The AMS can help review workstreams across all directorates to ensure that all available resources are directed in the most effective way and that savings and efficiency plans are delivered.

 

In summary, the AMS can support “Securing Kent’s Future” by contributing to financial sustainability, enhancing service delivery, supporting budget recovery, and improving efficiency and effectiveness. It aligns with the key priorities of “Securing Kent’s Future” and can help in safeguarding the council’s financial resilience and viability

 

 

Proposed decision

 

 

That the Cabinet Member for Education and Skills agree to:

 

a)    Approve the Implementation of a standardised School Led Transport arrangement for schools, settings and other independent third party support agencies.

 

b)    Delegate authority to the Corporate Director for Children, Young People and Education,  to enter into relevant contracts or other legal agreements, including Service Level agreements (SLAs),and ensure sufficient administrative capacity, as necessary to implement this decision

 

Background

 

In line with the council’s Transport Policy for Children and Young People aged 4 to 16 and Post 16 Transport Policy Statement including Post 19, a proposed standardised approach for School Led Home to School Transport has been developed. This will facilitate direct provision of school transport to entitled pupils via their school, setting or other independent third party support agencies, at a reduced cost to the KCC arranged alternatives.

 

Reason

 

Historic non-standardised arrangements are currently in place with three schools who provide transport support for all entitled pupils that attend their setting. These schools report that these direct arrangements allow for a more responsive transport offer, which improves not only the child’s journey to and from school, but also their learning experience throughout the school day. From a Local Authority perspective, school led arrangements are more cost effective  than the market equivalent and ensure that limited capacity remains available for other pupils. It is therefore prudent for Kent to implement standardised arrangements and make this opportunity available for all qualifying Kent schools.

 

Options (other options considered but discarded)

 

Kent County Council is undertaking a full review of Home to School transport arrangements to identify potential opportunities to deliver it’s statutory duties in a more cost effective manner. Consideration was also given to the potential to secure savings following retendering exercises within the existing network. This option was discounted as a system wide retendering exercise was recently completed in 2022/23 academic year and recent higher levels of inflation significantly reduce the potential for this to reduce current spend.

 

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026

 

This decision supports Framing Kent’s future priority 2 – Infrastructure for Communities, in particular making use of innovative transport opportunities to ease pressures on pre-existing transport networks.

 

How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf

 

This decision supports Securing Kent’s Future both in terms of supporting the objective to ensure the in-year budget remains in balance (objective 1) along with identifying and delivering saving opportunities to support the setting of a sustainable budget and MTFP (objective 2) through providing alternative commissioning arrangements for Home to School Transport. This will contribute towards the delivery of the £6.3m savings attributed to Home to School Transport in 24-25 where new arrangements are entered into during the new academic year. 

 

 

Financial Implications

 

The cost of home to school and college transport is funded by the Council Tax General Fund and totalled £67.9m in 2023-24 of which £2.4m was spent on existing school led transport agreements.

 

The intention of all school led transport arrangements is that they will only be organised where there is a financial benefit in addition to the opportunity to provide more flexible options for eligible pupils. Given the nature of operator provided transport, it is likely that most school led arrangements will meet this requirement. Additional staffing administration requirements are expected to be funded from securing new agreements. Based on proposals put forward by providers to date, it is estimated this will be achieved with the securing of one additional agreement, with additional agreements contributing towards the wider savings targets related to Home to School.

 

Legal Implications

 

Sections 508B and 508C of the Education Act 1996 explain how Council tax funded  school transport should operate across the UK for 4 to 16 year olds.

 

Under the Act, a parent is responsible for ensuring that their child attends school regularly. However, Section 444(3B) provides that a parent will have a defence in law against a prosecution by a Local Authority (Council) for their child’s non-attendance at school, where the Local Authority has a duty to make travel arrangements in relation to the Children and Young People (CYP) under Section 508B and has failed to discharge that duty. 

 

Local Authorities do not have a general obligation to provide Council tax payer funded  or subsidised post 16 travel support in the same way as for pupils aged 4 to 16, but do have a duty to prepare and publish an annual transport policy statement specifying the arrangements for the provision of transport, or other support that the authority considers it necessary to make to facilitate the attendance of all persons of sixth form age receiving education or training.

 

The requirements placed on a Local Authority are defined in the Education Act 1996 (as amended), Education and Skills Act 2008, Education and Inspections Act 2006, Apprenticeships, Skills, Children and Learning Act 2009 and the Equality Act 2010.

 

There are legal implications in relation to compliance with the Public Contract Regulations 2015 in relation to Economic Operators as well as compliance to our internal policy Spending the Council’s Money.

 

Proposed decision:

 

The Cabinet Member for Education and Skills is asked to:

 

1. APPROVE the expansion of Northfleet Technology College from a PAN of 165 to a PAN of 189.

 

2. AGREE to allocate the funding from the CYPE Capital Budget that will be required to complete the project.

 

3. DELEGATE authority to the Director of Infrastructure to, in consultation with the Director of Education, enter into any necessary contracts or other legal agreements, as required to implement this decision; and

 

4. AGREE for the Director of Infrastructure to be the nominated Authority Representative within the relevant agreements, with authority to enter variations as envisaged under the contracts.

 

 

Reason for the decision

 

This proposal to expand Northfleet Technology College has been developed because the Kent Commissioning Plan 2024/28 indicates that there will be a shortfall in year 7 places in the Gravesham and Longfield Non-Selective planning group.

 

Northfleet Technology College, a member of the Northfleet Schools Co-Operative Trust, is a boys secondary school.  Following an inspection that took place in October 2022, Ofsted deems Northfleet Technology College to be a ‘GOOD’ school, in all areas.

 

Following initial discussions, Northfleet Technology College agreed to offer 189 places on a temporary basis in 2023. This agreement has been repeated for September 2024. This proposal seeks to make the expansion permanent and so the senior management and governors of Northfleet Technology College have agreed to consult on this proposal to permanently expand the school and enlarge the secondary provision within the school by the addition of 25 places per school year.

           

If no further action is taken in the longer term, Kent County Council will find it extremely difficult to provide sufficient secondary school places in the Gravesham and Longfield Non-Selective planning group.

 

 

Background

 

Gravesham Borough’s population is increasing with more families moving into the area and as a result, Kent County Council needs to add additional secondary school places to manage the increase in demand. One strategy for providing additional school places is to expand existing successful and popular schools.

 

The Northfleet Technology College does not have sufficient accommodation to offer the requisite additional places, so as a temporary measure, four mobile teaching rooms will be placed on the site.  This will be a revenue expense.

 

KCC will design and construct a new standalone block to be ready for the September 2026 intake.  This will need to be funded from the CYPE Capital Budget.

 

 

Securing Kent’s Future

 

The 'Securing Kent's Future' strategy outlines the measures that KCC intend to take to ensure that Kent remains financially stable, now and long into the future.  It describes the statutory priorities, one of which being the statutory duty to ensure sufficient school places are available to any child or young person who requires one.  This duty applies to Special Educational Needs (SEN) provision, as well as mainstream settings.

 

This proposal is necessary for KCC to continue to deliver the statutory duty, in a cost-effective way, in line with the guidelines described in the Securing Kent's Future strategy. It will help to maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.

 

The County Council’s Commissioning Plan for Education Provision in Kent 2024-28 is a five-year rolling plan which is updated annually.  It sets out KCC’s future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent. A copy of the latest plan can be viewed from this link:

 

https://www.kent.gov.uk/education-and-children/schools/education-provision/education-provision-plan

 

 

Financial Implications

 

Capital

 

Progression of the scheme will be dependent on the outcome of detailed feasibility and design work – these will inform the full overall cost of the project.

 

The cost of the new standalone block will be borne by the CYPE Capital Budget.  Currently the estimated cost for the whole scheme is £8.3m.  This sum has been included within the Basic Need Capital Programme that was recently agreed by Council. KCC Project Managers will be undertaking continuous checks to keep build costs as close as possible to this estimate.

 

Northfleet Technology College is a Public Finance Initiative (PFI) school. The PFI Special Purpose Vehicle (SPV) have been on board from the start of the project and a change notice is in place for the Deed of Variation (DoV). The works will result in part of the land being removed from the PFI red line. Forecast legal costs for the DoV will be included within the total project cost for the main capital works.

 

An allowance of up to £2,500 may be payable to the school, to outfit each new teaching room with appropriate ICT equipment, such as touch screens or projection equipment.  This will be met from the overall Capital allocation for this project.

 

Should the scheme not proceed through to completion, any costs incurred at the time of cessation would become abortive costs and are likely to be recharged to Revenue. This would be reported through the regular financial monitoring reports to Cabinet.

 

Revenue

 

The initial phase involves the installation of four mobile teaching rooms at a cost of £311,168.  This will be a Revenue expense, funded from the Mobiles and Temporary Accommodation Budget included within the Education Revenue Budget.

 

As the scheme progresses, £6,000 per newly created learning space, would be provided towards the cost of furniture and equipment, such as tables, desks, chairs, cabinets and learning resources.

 

The school would also receive funding for the additional pupils that it admits in line with the funding allocated to schools through KCC’s Schools Funding Formula.

 

Both the £6,000 per classroom, and the additional pupil funding will be met from the Growth Funding provision held within the dedicated school's grant.

 

 

Human

 

The school will appoint additional staff as required; utilising revenue funding allocated through the Schools Funding Formula for these additional pupils.

 

Proposed decision:

 

A) Retrospectively contract with the East Kent Hospitals Trust and the Kent Community Health Foundation Trust for 1 April 2023 to 31 March 2024 for the provision of SEN Therapies

 

B) Contract with the East Kent Hospitals Trust and the Kent Community Health Foundation Trust for 1 April 2024 to 31 August 2025 for the provision of SEN Therapies

 

C) Agree to the review of the Kent and Medway Communication and Assistive Technology service and to incorporate into the wider recommissioning of SEN Therapies

 

D) Agree for the exploration of joint commissioning with the NHS for the wider provision of SEN Therapies to include in the re-procurement of NHS Community Services

 

E) Delegate authority to the Corporate Director of Children, Young People and Education, in consultation with the Cabinet Member for Education and Skills and the Corporate Director of Finance, to take relevant actions, including but not limited to, entering into and finalising the terms of relevant contracts or other legal agreements, as necessary, to implement the decision

 

 

Reason for the decision

 

To continue with annual contracts, issued by NHS Providers, for the current Special Educational Needs (SEN) Therapy services. The future commissioning intentions are to align with the NHS Kent and Medway timeline to re-procure their Community Services, and specifically jointly commission an Integrated Therapy Contract for 1 September 2025.

 

The current annual contract values are £752,905 with East Kent Hospital University Foundation Trust (EKHUFT) and £1,526,586 with Kent Community Health Foundation Trust (KCHFT).

 

This requires agreeing a retrospective contract for the financial year 2023/2024 and a future contract for 17 months from1 April 2024 to 31 August 2025.

 

Decision is also sought to review and bring the Kent and Medway Communication and Assistive Technology service into the new jointly commissioned Integrated Therapy Contract, under the NHS Kent and Medway Community Services re-procurement. 

 

Background

 

The 2015 Special Educational Needs and Disability (SEND) Code of Practice, sets out that Speech and Language Therapy, Occupational Therapy, Physiotherapy and Assistive Technology should be jointly commissioned.

 

KCC is working towards a jointly commissioned Integrated Therapy Service, which will include the Kent and Medway Communication and Assistive Technology Service (KMCAT), to maximise the use of finite resources from local authorities, schools, colleges and the NHS improving outcomes for 0–25-year-olds with SEND and their parents/carers.

 

The joint aim is to establish a new jointly commissioned service by September 2025, to fall in line with NHS Kent and Medway’s broader recommissioning of a unified Community Service Offer.

 

Significant transformational activity is underway with the NHS providers who are working in partnership with KCC and NHS Kent and Meway to develop new ways of working.   Implementing a more proactive and preventative tiered approach to the provision of therapy support, that will maximise use of finite resources and ensure a more coherent county-wide offer.

 

Securing Kent’s Future – Budget Recovery Strategy

 

KCC has agreed with the Providers that there will be no increase to the contract price for 2023/2024, however, the Providers have stated that this position will not be sustainable for 2024/2025, and therefore negotiations continue. 

The contract values for 2024/2025 will be agreed alongside Finance colleagues and the Director for Education.

The longer-term joint commissioning project will meet the ambitions of Framing Kent’s Future as follows:

 

Priority 4: New models of care and support demand for our social care services has out stripped funding year on year. Our commitment is to seize the opportunity of integrating our planning, commissioning and decision making in adult, children’s and public health services through being a partner in the Kent and Medway Integrated Care System at place and system level.

 

It meets the aims of Securing Kent’s Future by holding Best Value at the centre of all joint commissioning opportunities.

 

Financial Implications

These contracts are for the provision of Therapy staff and are only a proportion of the overall Therapy services purchased by the Council. A high-level reconciliation has been undertaken to be able to justify the level of spend in commensurate with the level of service provided, given that vacancies have been held to compensate for the lack of inflationary uplift. 

KCC has been in negotiation with the Providers for this year’s fee increase and have agreed in 2023/2024 there will be no fee increase, this has meant the providers have held frozen vacancies.

Both Providers have stated that continuing without a fee increase into the new financial year 2024/2025 will not be sustainable, and therefore negotiations continue. 

The current contract values are £725,905 for EKHUFT and £1,526,586 for KCHFT, contract values for 2024/2025 will be agreed alongside Finance colleagues and the Director for Education.

This contract is funded from the Dedicated Schools Grant: High Needs Block, an annual grant provided by the Department of Education.

 

 

Legal Implications  

 

The procurement strategy is to align existing Therapy services required by KCC, with the service commissioned by the NHS Kent and Medway and to jointly commission the service, with the NHS Kent and Medway as the Lead Commissioner and KCC as a Joint Commissioner. 

 

As a Joint Commissioner, it is expected that KCC will be a full partner of the contract with the provider(s) and will have the ability to participate in performance contract management and monitoring, with NHS Kent and Medway.  This will strengthen existing contract performance monitoring and management, given the scale and value of the proposed contract.

 

The Provider Selection Regime (PRS) came in to force on 1 January 2024. PSR is a set of rules for procuring health care services, by NHS England, Integrated Care Board, NHS Trusts, NHS Foundation Trusts and Local Authorities.

 

There are three Provider Selection processes:

 

For the 2023/2024 contract, the Public Contract Regulations (PCR) 2015 would have applied, however as PSR is now in force, this is the regulation that covers the provision of Therapy services, and it is therefore recommended that the route followed to sign these contracts is under Direct Award (C).

 

For any other meaningful commissioning using this Regime would require developing specifications, detailed outcome frameworks and key performance indicators, quality assurance mechanisms and contract management schedule.  This would also not allow for the necessary coproduction with Children, Young People, and their Families/Carers, as required by the SEND Code of Practice and our commitment to the SEND Co-production Charter.

 

Equalities implications

 

A full Equalities Impact Assessment (EqIA) will be completed as part of the Joint Commissioning Strategy, to help us to consider the potential impact of a proposal, and how to make things as fair as possible for anyone who is likely to be affected. The level of detail required for an EqIA depends on how complex the proposal is, and to what extent people are likely to be affected by it.  We believe this will have far reaching implications and therefore full EqIA will be required.

DPIA (if relevant)

A DPIA checklist will be completed in due course as part of the commissioning plan to ensure KCC and partners ability identify and minimise the data protection risks within this commissioned activity. As this is a major project which requires the processing of personal data, the DPIA Assessment will therefore:

• describe the nature, scope, context and purposes of the processing;
• assess necessity, proportionality and compliance measures;
• identify and assess risks to individuals; and
• identify any additional measures to mitigate those risks.

 

Proposed decision:

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

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

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

•              Lot 3 – Supervisor

•              Lot 4 – Technical Advisor

•              Lot 5 – Construction Design and Management Advisor

 

Reason for the decision

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

 

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

 

Options

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

•              Insource of consultancy provision.

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

•              Establishing a new Construction Consultancy Framework.

 

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

 

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

 

How the proposed decision supports the Interim Strategic Plan

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

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

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

•              Supporting the KCC Corporate Estate maintenance programme.

•              Supporting the KCC Education Estate maintenance programme.

Proposed decision –

 

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. 

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.