Cabinet Member decisions

Background:

Cygnus Academies Trust occupy the majority of the property known as Westgate Primary School, Dartford, under the terms of a 125-year lease granted in 2016, when the School converted to an Academy.  Part of the Primary School building has been occupied for over ten years by the adjoining Dartford Science and Technology College, which obtained Trust status in 2014.  The College Trust need to be granted a lease of the accommodation occupied, having regard to their change of status.

Options (other options considered but discarded):

This Decision ensures that the County Council’s granting of the lease accords with the 2007 Regulations and regularises the College’s occupation of the County Council’s retained accommodation within the Primary School. 

Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to grant a 99 year lease to Dartford Science and Technology College Trust to regularise their occupation of the County Council’s retained accommodation at Westgate Primary School, Dartford, having regard to change in status of the College and to delegate authority to the Director of Infrastructure to finalise and enter into any necessary legal agreements.

This is a lease of 99 years and therefore falls outside of the Delegated Powers set out in KCC’s Property Management Protocol.

UPDATE – 7 September 2020:

At this point in time the decision to establish two 16 place Specialist Resourced Provisions (SRPs) for Autistic Spectrum Disorder (ASD) at Garlinge Primary is not in a position to be progressed, and therefore this decision will be taken at a later date.  However the decision to establish a 16 place Specialist Resourced Provision (SRP) for Autistic Spectrum Disorder (ASD) at Holy Trinity and St John’s CE Primary school, Thanet, will progress, following the Council’s agreed decision making procedure. 

Background: Around 3% of the total school population for which the Local Authority is responsible for have an Education, Health and Care Plan (EHCP).The number of pupils in the Thanet District with an Education, Health and Care Plan (EHCP) in January 2019 was 1,369. This was an increase of 12.8% from 2018. This was higher than the national increase of 11%. As at January 2019, 4.8% of the pupils aged 5-19 years in Thanet (maintained and independent) were subject to an EHCP. Pupils with an EHCP in Kent are less likely to be educated in a maintained mainstream school than would be expected nationally. The establishment of SRPs attached to mainstream schools is part of the continuum of provision to enable pupils to be included within mainstream settings.

A number of students with an EHCP require higher level of support than can be provided in mainstream schools, but their needs are not so complex that a special school placement is appropriate. For these students we maintain a range of Specialist Resourced Provisions (SRPs) which are based in mainstream schools with places reserved for students with an EHCP.

Autistic Spectrum Disorder (ASD) remains the most common primary need type with 40% of children and young people aged 0-25 years having an EHCP with this primary need identified. This is significantly higher than the national figure of 29%

Currently there are no SRPs in the Thant district for primary aged children for ASD.

Options: Options regarding the establishment of SRPs has been fully investigated with the SEN team and Garlinge Primary School & Nursery and Holy Trinity and St Johns Primary School were considered to be the best options to create an SRP for ASD for 16 children at each school.  Both school’s governing bodies are fully in support of the proposals and creating two provisions will enable choice for parents in Thanet with a child who requires additional support from an SRP provision.

The Cabinet Member for Education and Skills agrees to:

(i)            Issue two public notices to establish two 16 place Specialist Resourced Provisions (SRPs) for Autistic Spectrum Disorder (ASD) at Garlinge Primary School & Nursery and Holy Trinity and St John’s CE Primary School from January 2021.

And, subject to no objections being received to the public notices:

(ii)          Establish two 16 place Specialist Resourced Provisions (SRPs) for Autistic Spectrum Disorder (ASD) at Garlinge Primary School & Nursery and Holy Trinity and St John’s CE Primary School from January 2021.

Background:

In March 2016, the government announced changes to the delivery of adoption services setting a very clear direction that all local authorities’ adoption services must be delivered on a regionalised basis by 2020. Legislation is in place to direct local authorities who do not engage in this programme. It is proposed that a new Regional Adoption Agency (RAA) is created through combining the adoption services for the three authorities of Kent, Bexley and Medway.  These agencies wish to build on the success of their existing services to improve performance in meeting the needs of children who require permanence through adoption, by bringing together the best practice from each authority within the RAA. Kent, Medway and Bexley will enter into a legal partnership arrangement. One of the three local authorities will be required to a lead on certain aspects of business servicing and these will be agreed by the Executive Board. All three local authorities are keen to ensure this is an equal partnership, each holding shared responsibility for its outcomes.

The Cabinet Member for Integrated Children’s Services agrees to Kent County Council working in partnership with London Borough Bexley and Medway Council to form a Regional Adoption Agency, known as Adoption Partnership, which has been established in line with the government programme.

Decision:

The Cabinet Member for Highways and Transport agrees to provide the Corporate Director for Growth, Environment and Transport with delegated authority to procure and enter into appropriate contractual arrangements for the provision of road asset renewal services including any potential extension periods in accordance with the expectations set out in the report. 

Background information:

Under section 41 of the Highways Act 1980, as the local Highway Authority, the Council has a legal duty to maintain its respective sections of the highway network This duty includes responsibility for maintaining, managing and, where necessary, improving sections of the network. These services need to be commissioned externally to ensure the Council meets is statutory obligations and that service continuity is ensured.

The Road Asset Renewal Contract (RARC) is currently delivered by Eurovia and expires on 31^st December 2020. Due to a higher level of funding spent through the contract, there is no scope to invoke the extension options detailed within the contract. A new contract will be required to be procured prior to 1^st January 2021. This contract will allow for the prescribed works and services to be delivered for an initial 24-month period with potential extensions.

Decision:

The Cabinet Member for Highways & Transport is asked to give approval to take the Gravesend Bus Hub scheme through the next stages of development and delivery.

Specifically:

i)       Approval to enter into the Local Growth Fund and EDC Grant funding agreements subject          to the approval of the Corporate Director of Finance & Procurement.

ii)      Approval to undertake the detailed design and surveys for the project, including          development control and land charge disclosures. This work will be undertaken by          appointing a consultant through the KCC Professional Services Framework Contract.

iii)     Approval to progress all statutory approvals or consents required for the scheme,   including transfer of land and rights.

iv)     Approval to carry out any additional consultation required for the scheme.

v)      Approval to enter into construction contracts as necessary for the delivery of the scheme            subject to the approval of the Capital Officer Group to the recommended procurement            strategy.

vi)     Approval for any further decisions required to allow the scheme to proceed through to          delivery to be taken by the Corporate Director of Growth, Environment & Transport under          the Officer Scheme of Delegations following prior consultation with the Cabinet Member.

Background:

The Gravesend Bus Hub scheme is one of the enhancements to interchange facilities and will deliver a bus interchange in Gravesend Town Centre to improve the transport connections between rail, bus, cycling and walking, linking with the recently completed Rathmore Road improvement LGF scheme. Initially the Gravesend Bus Hub scheme was to deliver a new interchange provision in Barrack Row for local buses using the Local Growth Funding only. KCC officers have investigated an enlarged scheme which would include Garrick Street and improvements to the existing Fastrack interchange utilising underspend from the completed Rathmore Road scheme (using remaining Strategic Transport Infrastructure Programme funding) and a contribution from the Fastrack programme. The enlarged scheme will provide additional benefit and overall cost savings by delivering the two elements at one time through a single procurement exercise.

The Gravesend Bus Hub scheme was made possible with the completion of the Rathmore Road scheme, which implemented a re-routing of the one-way traffic system traffic flows along the new Rathmore Road. This was separately delivered through the LGF programme and creates the road space for the building of the interchange at Barrack Row.

For the Garrick Street improvements, KCC Public Transport require a high-quality product that enhances the premium bus service offered by Fastrack.  A Kent based architect was commissioned to work up canopy designs for Fastrack in Garrick Street.  The style and type of canopy will then be used along Barrack Row to give a similar quality feel and look for the local bus stops. The building of a transport interchange also represents the final phase of the delivery of the Gravesend Transport Quarter (GTQ) master plan which originates from 2005. Gravesham BC as an active stakeholder are also keen to see the interchange constructed homogenously to complete the GTQ. Early plans for the GTQ saw the construction of the Barrack Row bus hub as part of a multi-story car park development by Network Rail but the car park scheme was abandoned by Network Rail further to a 2011 Planning Application.

Decision:

The Cabinet Member for Highways & Transport is asked to give approval for KCC to accept the capital grant from Ebbsfleet Development Corporation (EDC) and to take the Green Corridors Phase 3 Programme through the next stages of development and delivery.

Specifically, to:

i)              give approval to enter into the EDC grant agreement subject to the approval of the Corporate Director of Finance & Procurement

ii)             give approval to progress all statutory approvals or consents required for the programme;

iii)           give approval to carry out consultation on the schemes;

iv)           give approval to enter into construction contracts as necessary for the delivery of the schemes

I also agree to delegate authority to Corporate Director of GET, in consultation with the Corporate Director of Finance & Procurement, to enter into relevant legal agreements and take other actions necessary to implement this decision.

Background:

Ebbsfleet Development Corporation (EDC) are providing KCC with a grant of £7.4m between 2020/21 and 2022/23 for KCC's Major Capital Programme Team to manage and deliver the Green Corridors Phase 3 Programme.

The principle behind the Green Corridors project is to aid the creation of a walking and cycling culture to improve public realm, the quality of life for residents and resident satisfaction, whilst making routes safer to use, more appealing and less polluted from traffic. It aims to connect developments around Ebbsfleet Garden City to usable walking and cycling infrastructure within a fully connected network.

Phase 3 of the initiative will provide a combination of new routes to connect developments with destinations and improvements to existing routes. The programme will provide up to 20 small scale improvements and 2 large scale improvements to existing routes alongside up to 6 new routes.

The Green Corridors Programme is fully externally funded by EDC and the extent of the works delivered is scalable dependent on the level of funding available.  No KCC funding will be used to deliver the schemes and officer time will be capitalised against the grant provided by EDC.

Through KCC managing and delivering this programme of works, we have the opportunity to shape the routes which are progressed; in particular linking with potential initiatives being delivered with Emergency Active Travel funding as well as Local Growth Fund schemes which have already been constructed.

A key decision is required to allow KCC to progress with the next stages of scheme delivery; including appointing a project manager to deliver the programme and commissioning feasibility work and outline designs for the proposed routes.

Options:

EDC has considered options for the routes to be investigated within their business case for the Green Corridors programme.

The long list of routes comprised all the missing walking and cycling links needed to connect the planned new developments with existing destinations.  This was reduced to the shortlist by removing all links which are expected to come forwards through other developer contributions.  The full list can be seen in the business case which is included as a background document.

EDC also considered options for delivery; primarily either:

·   EDC fund and directly deliver the scheme or

·   EDC fund and KCC deliver as the Highway Authority utilising approved highway contractors

EDC’s preferred delivery method is that KCC deliver the programme as the Highway Authority.  This delivery method also has benefits for KCC, the main two being:

·   Allowing KCC to influence the routes which are taken forwards to link with other initiatives and schemes already delivered

·   Ensuring that the schemes are installed in line with our Asset Management Plan

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

The scheme particularly addresses Strategic Outcome 2 “Kent communities feel the benefits of economic growth by being in work, healthy and enjoying a good quality of life”.

The provision of safe and attractive walking and cycling routes linking new developments with key destinations gives Kent’s residents options for travel, improving access to employment, education, health care and local amenities without relying on the private car. This programme aims to improve health and wellbeing, reduce levels of congestion and improve air quality. 

Decision:  

The Cabinet Member for Highways and Transport agrees to provide the Corporate Director for Growth, Environment and Transport with delegated authority to procure and enter into appropriate contractual arrangements for the provision of Urban Grass, Shrubs, Hedges and Rose Bed Maintenance services including any potential extension periods in accordance with the expectations set out in the report. 

Background information:  

The Urban Grass, Shrubs, Hedges and Rose Bed Maintenance Contract (UGSHRMC) is currently delivered by Commercial Services Trading Limited (Trading as Landscape Services) and expires on the 31st January 2021.   A new contract will be required to be procured prior to the end date. This contract will allow for the prescribed services to be delivered for an initial 60-month period with potential extensions.

The Council has a legal duty to keep roads and pavements clear of vegetation for safe passage of highway users. The main service areas comprise of urban grass, shrub and hedge cutting to contribute to visual amenity. These services will need to be commissioned externally to ensure the Council meets its obligations. 

Decision –

The Cabinet Member for Adult Social Care and Public Health agrees to approve a variation to the S75 Partnership Agreement with the NHS, to allow the pooled budget to include the COVID-19 funding in relation to hospital discharges and out of hospital work and delegate authority to the Corporate Director of Adult Social Care and Health to take other 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 urgency –

To enable the Council to reclaim the costs associated with avoiding hospital admission and enabling hospital discharge, as part of the Council’s response to Covid 19 in support of the NHS. The Covid-19 Hospital Discharge Service Requirements funding for the NHS requires the Council to establish a pooled budget before any costs can be reclaimed.

Kent County Council and NHS Dartford Gravesham and Swanley Clinical Commissioning Group, NHS West Kent Clinical Commissioning Group, NHS Swale Clinical Commissioning Group, NHS Ashford Clinical Commissioning Group, NHS Canterbury and Coastal Clinical Commissioning Group, NHS Thanet Clinical Commissioning Group, and NHS South Kent Coast Clinical Commissioning Group entered into a Framework Partnership Agreement relating to the commissioning of health and social care services Better Care Fund on 1 April 2015 (Decision Number 15/00015) in exercise of the powers referred to in Section 75 of the 2006 Act, as amended by a Deed of Variation dated 22 August 2016 (the “Partnership Agreement”).  The NHS Bodies have subsequently undergone a statutory merger reorganisation under section 14G of the 2006 Act. The rights and obligations of the NHS Bodies under the Partnership Agreement transferred as a matter of law to NHS Kent and Medway Clinical Commissioning Group (the “CCG”) on 1 April

As part of the NHS and wider public sector’s response to the global Covid-19 pandemic the Government issued the Covid-19 Hospital Discharge Service Requirements (the “Discharge Requirements”) which took effect on 19 March 2020. The Discharge Requirements have been introduced to ensure that where it is clinically safe to discharge patients from an acute or community hospital those patients are discharged in accordance with the new ‘Discharge to Assess’ model.

To support the new Discharge Requirements a range of measures have been introduced including, amongst others:

a)    a temporary suspension of the obligation of the need to carry out Continuing Healthcare assessments for patients on the acute hospital discharge pathway and in community settings during the Enhanced Discharge Services Period;

b)    a commitment that the NHS will fully fund the cost of new or additional elements of existing out of hospital health and social care support packages to facilitate discharge from, or to prevent admission to, hospital as set out in the Discharge Requirements until such time as local health and care systems are notified that the Discharge Requirements will come to an end; and

c)    a suspension of the usual patient eligibility criteria during the Enhanced Discharge Services Period.

In accordance with the Discharge Requirements, the Partners to the S75 agreement have considered the most appropriate model through which to commission the enhanced discharge service and admissions avoidance services and to pool the funding for the purpose of funding this service and have agreed to vary the terms of the Partnership Agreement.

Decision:

The Cabinet Member for Environment agrees to provide delegated authority to the Director of Highways, Transportation and Waste to award contractual arrangements for a waste compactor replacement programme and associated repair and maintenance servicing agreement.

Background:

Waste compactors are required at Household Waste Recycling Centres to maximise capacity of waste being disposed where the Final Disposal Outlets are not within the locality of the facility. The majority of KCC waste compactors are beyond their life expectancy with some being well over 20 years old. A replacement programme has been developed which has commenced with the most critical and urgent compactors being replaced where failure was imminent. The remainder requires a commissioning exercise alongside a repairs and maintenance schedule to ensure upkeep of the compactors.

Options:

Option 1 – Do nothing and replace compactors with containers – this is not an option as payloads will diminish by 70% culminating in more cost to the Authority.

Option 2 – Repair compactors – this is not an option as extensive repairs have already been undertaken in recent years and the plant is now beyond economical repair with some having critically failed; new HWRC contract is being let on the proviso that compactors will be renewed.

Option 3 – Undertake a commissioning exercise to complete the replacement Programme with a repairs and maintenance service agreement for all compactors – this is the preferred option to ensure that the compactors on KCC sites are operating efficiently with minimal downtime.

Decision:

The Cabinet Member for Environment agrees to provide delegated authority to the Director of Highways, Transportation and Waste to award a new contractual arrangement for the collection and processing of textiles and shoes collected at the Household Waste Recycling Centre (HWRCs).

Background:

Kent County Council, as the Waste Disposal Authority provide Household Waste Recycling centres for the disposal of household waste. This includes making provision for the deposit of Textiles and Shoes at Kent’s 18 Household Waste Recycling Sites.

The current contract is in an extension period that expires 31st October 2020 and to ensure that KCC’s statutory obligations are met, and that there is continuity of service a commissioning exercise is required.

Options:

Option 1 – Do nothing – the current contracts will elapse with no arrangement in place and thereby incurring significant contingency disposal costs.

Option 2 – continue with the existing contractor out of contract – this is not necessary as there is sufficient time to conduct a commissioning activity.

Option 3 – undertake a commissioning exercise to secure a provider.

Preferred option:

Option 3 is the preferred option. The authority is seeking to appoint a new provider to secure an income-based contract (5-year term) that will benefit and achieve the best outcomes for the authority and Kent households and fulfil the Statutory duty of KCC operating under the Environmental Protection Act 1990, to dispose of collected municipal waste.

Decision:

The Cabinet Member for Environment agrees to approve KCC entering into an Inter Authority Agreement (IAA) with Dover District Council and Folkestone & Hythe District Council to increase levels of recycling and reduce disposal costs for KCC. To encourage improvement, savings will be equally shared between respective Collection and Disposal Authorities as performance payments.

Background:

These proposed agreements accord with the policy approach agreed by the Cabinet Committee on the 31^st May 2018, that new Waste Partnership Agreements with Collection Authorities should include the reward based on performance.

Partnership agreements and shared savings have proved to be a very successful method to share the benefits and rewards of reducing residual waste, they actively act as an incentive and have driven higher levels of recycling and therefore positive environmental outcomes. They have already been implemented in West Kent at Gravesham, Tonbridge & Malling and Tunbridge Wells Borough Council.

Options (other options considered but discarded):

The existing fixed enabling payments will no longer continue as the East Kent Waste Partnership ends in January 2021. These fixed payments have not proved to incentivise collection Authorities to achieve the targeted levels of recyclate. KCC has borne this commercial risk over the last 10 years

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

Improved and available kerbside recycling schemes contributes to the protection and enhancement of the natural environment, supports a good quality of life for residents and allows sustainable waste growth through increased housing and population growth.

Decision:

The Cabinet Member for the Environment agrees to an accelerated net-zero emissions target to be achieved by Kent County Council by 2030. To be delivered by investment in line with the supporting action plan. This target to be applied to its own estate and operations (excluding schools) and those of its traded companies.

Background:

To discharge the request made by County Council in May 2019, following the approved motion to acknowledge a Climate Emergency and support a net-zero emissions target of 2050 for the county. The motion also included that by May 2020, KCC would set an accelerated net-zero target for its own estate and operations and those of its traded companies.

In response to the Climate Emergency, the UK government revised the Climate Change Act 2008 in 2019. This introduced into law the UK target of net-zero emissions by 2050. This Act requires local authorities to act to reduce emissions both from their own operations and their geographical area. In addition to setting an organisational target to deliver net-zero emissions, KCC has led on the development of the Kent and Medway Energy and Low Emissions Strategy, which is due to be considered for approval by the Environment & Transport Cabinet Committee on 17 July 2020. The KCC net-zero action plan supporting the target is derived from the high-level action plan included within this new multi-agency and cross-county Strategy.

Options:

·     Seek to achieve net-zero by 2030 – this approach is possible using the balanced scenario approach.

·     Seek to achieve 80% reduction by 2030 and net-zero by 2050 – this aligns closely with the science-based evidence, however this would not be considered as accelerated action as per the motion agreed in May 2019.Tthis would not be aligned with other local authorities in Kent and Medway who have almost all declared a target of net-zero by 2030 or earlier.

·     Seek to achieve net-zero by 2050 – this would not be considered accelerated action as it is the same as the UK target.