Proposed decision
That the Cabinet Member for Economic Development agree that KCC deliver a Department for Education-funded Skills Bootcamps Programme for Kent & Medway subject to approval by DfE
Reason for the decision:
KCC has been invited by the Department for Education (DfE) to submit a funding application for a Kent & Medway Skills Bootcamps programme for 2025-26. Skills Bootcamps are intensive, Level 3-5 flexible training courses of up to 16 weeks which equip adults with technical skills that enable them to access new or enhanced employment opportunities and enable local businesses to tackle skills gaps.
Background:
Skills Bootcamps were initially tested in Autumn 2020 by the DfE and have extended across England and across an increasing range of vocational sectors. Kent & Medway is currently one of the only areas in the UK without an active skills bootcamps programme.
The recently submitted Skills Bootcamps application focuses on the following industry sectors with known skills gaps in Kent & Medway: Creative, Agri-food, Construction, Retail, Health & Social Care, Early Years & School.
Other options considered but discarded :
Not run a local Skills Bootcamps Programme in Kent & Medway. This would miss an opportunity to support known needs of local businesses and local people seeking employment or career development opportunities and leave Kent & Medway behind other areas successfully running bootcamps programmes such as Hampshire.
How the proposed decision supports Strategic Priorities:
The bid adheres to Securing Kent’s Future’s requirement for full cost recovery.
The bid supports ambitions in the Kent & Medway Economic Framework and Framing Kent’s Future to support people into work, develop the local workforce and ensure that employers have access to people with the right skills.
Decision Maker: Cabinet Member for Economic Development
Decision due date: Not before 27/11/2024 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Steve Samson
Notice of decision: 29/10/2024
Anticipated restriction: Open
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.
Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Decision due date: Not before 27/11/2024 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Mark Cheverton
Notice of decision: 29/10/2024
Anticipated restriction: Open
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.
Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Decision due date: Not before 21/11/2024 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Matthew Edwards
Notice of decision: 23/10/2024
Anticipated restriction: Open
Proposed decision:
Cabinet is asked to:
(a) note the revenue and capital forecast outturn position, savings monitoring and reserves monitoring
(b) approve any additional management actions required
(c) note and agree capital cash limit changes
Reason for the decision
Quarterly reports are presented which identify any management action required and recommendations for Cabinet decision.
Background – Provide brief additional context
The report on the Council’s latest financial position will be reported to Cabinet on 28/11/24, including the forecast overspend excluding Schools’ Delegated Budgets. The forecast overspend presents a serious and significant risk to the Council’s financial sustainability if it is not addressed as a matter of urgency particularly as the approved budget for 2024-25 did not include any contingency provision meaning any residue overspend can only be offset from reserves. The report identifies the latest progress on savings compared to the original plan, any undeliverable savings are already reflected in the forecast.
Options (other options considered but discarded)
- The Council has already continued the spending controls introduced in 2023-24 into 2024-25 aimed at curtailing non committed spend, any further extension of spending controls is likely to impact on the Council’s ability to fulfil its statutory responsibilities.
- All options to reduce spend both one off and recurring are being considered to bring the 2024-25 budget back into balance.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026and Securing Kent’s Future
Securing Kent’s Future (SKF) acknowledges that given the significance of adults and children’s social care within the council’s budget, and that spending growth pressures on the council’s budget overwhelming (but not exclusively) come from social care, that the priority of delivering New Models of Care and Support must take precedence over the other priorities in Framing Kent’s Future. This creates an expectation that council services across all directorates must collectively prioritise delivering the new models of care and support objective as a collective enterprise.
The Finance Monitoring report for September 2024-25 provides the detail of the latest financial position and the relevant information on the progress being made in terms of the savings and management actions to reduce the budget gap for the following year and the MTFP.
Decision Maker: Cabinet
Decision due date: Not before 28/11/2024 Decision-making Executive committee
Lead officer: Cath Head
Notice of decision: 23/10/2024
Anticipated restriction: Open
Proposed decision
The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to:
1. Note the feedback from the community consultation exercise conducted by Sevenoaks District Council;
2. Support the objectives and principles of the regeneration of the Sevenoaks Town centre, subject to KCC’s red line requirements, which includes the potential relocation of County Council services to new build facilities within a future scheme; and
3. Agree for Kent County Council to work with Sevenoaks District Council to progress the scoping of proposals and to delegate authority to the Director of Infrastructure, in consultation with Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, to enter into a Memorandum of Understanding, which will establish the principles of collaborative working between the two authorities. It should be noted that a further Key Decision will be taken in respect of the consideration of any final business case and the implementation of any proposals.
Reason for the decision
Kent County Council (KCC) has been engaging with Sevenoaks District Council (SDC) regarding SDC’s ambition to regenerate the area to the east of the town centre in Sevenoaks. The project can only continue in its current form in collaboration with KCC, as the County Council is a key landowner and stakeholder.
The proposals involve the relocation of KCC services, including the library function to an alternative new facility and location within a future scheme, which would deliver more efficient and cost-effective buildings for KCC’s estate, supporting Framing Kent’s Future – Our Council Strategy 2022-2026.
Approval is being sought to enter a Memorandum of Understanding (MoU) with SDC, which will establish the principles of collaboration to explore the viability of proposals in the regeneration scheme.
Background
Sevenoaks District Council and Kent County Council own land to the east of the High Street, Sevenoaks. The property assets which would be in the scope of the regeneration project are the: current leisure centre, the library / museum / gallery, surface level car parks, Sackville House, and the former M&Co shop. SDC’s stated ambition is to regenerate these areas to provide: -
• A new state of the art, environmentally efficient leisure centre.
• A new multi-use learning hub that will incorporate a library, adult education centre, gallery, facilities for learning disabilities, registrar, museum, and a community space.
• A new market hall to enhance the retail, cultural and dining offer, and support for local and emerging businesses.
• A new hotel.
• New homes, including much needed affordable housing.
• Improved pedestrian connections between the town and Knole Park.
• Improved public transport and green travel routes.
The pre-consultation engagement was undertaken at the end of April 2024, to seek the view of residents, businesses, and other stakeholders on the early ideas for delivering improvements to the area east of Sevenoaks High Street (around Buckhurst Land and Suffolk Way).
KCC has to date, engaged with SDC on the proviso that the scheme will be self-financing. The current KCC assets are broadly fit for purpose, and therefore the primary rationale for KCC’s involvement is to deliver a maximised capital receipt in addition to the re-provision of service accommodation, to allow for reinvestment back into service priorities.
Subject to viability of the proposals being established, a further key decision will need to be taken in advance of KCC legally committing to the project and relevant members will be engaged as part of this process.
Entering an MoU does not oblige KCC to continue with the project.
The MoU will address the following topics:
a) The key objectives of the Project.
b) The key inputs and outputs from the Project, from both a financial and property perspective.
c) The principles of collaboration.
d) The governance structures the parties will put in place to develop the detailed design proposals. This will involve the establishment of a Project Board and Project Working Group.
e) The respective roles and responsibilities the parties will have during the project.
f) The equitable treatment of outputs from the project to protect each party’s commercial interests i.e. to ensure that what KCC get out of the scheme is equal to KCC’s proportional contribution to the project.
g) Clarification that neither party’s ability to exercise its statutory duties will be impacted by the MoU.
h) The right to terminate the MoU should the project be deemed unviable or at either party’s discretion with sufficient notice.
Options (other options considered but discarded)
The main alternative is to do nothing, with no partnership working explored with Sevenoaks District Council in relation to this regeneration project, and for the existing KCC library and services to remain within the current 1987 built building. Sevenoaks District Council have confirmed that they have alternative proposals which do not include KCC’s site.
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 in the following ways:
Priority 1 – Levelling up Kent 16
- The proposal for the regeneration of the Sevenoaks Town centre, (subject to it being viable) will help support the Kent economy to be resilient, adaptable to challenges and opportunities.
- This reflects KCC working in partnership with other authorities.
Priority 2 – Infrastructure for Communities 28
- Subject to viability, new buildings will be built for KCC services ensuring that they will be fit for purpose and sustainable in today’s climate ensuring net zero targets are considered and applied.
- The regeneration of the Sevenoaks town centre will include green travel options.
Priority 3 – Environmental Step Change 40
- The newly built provision will ensure that the KCC service requirements and needs are catered for and are appropriate for the community it serves, which will be in sustainable, fit for purpose buildings.
- The newly built provisions will help to meet KCC net zero targets.
How the proposed decision supports Securing Kent’s Future 2022 -2026:
This decision supports Securing Kent’s Future 2022-2026 as the project envisages that land value capture can be used to fully fund the reprovision of KCC facilities within Sevenoaks, to deliver a modernised and more energy efficient estate. This will assist in the reduction of annual revenue expenditure and mitigate capital expenditure in relation to estate maintenance and upgrades. It is also envisaged that the project will generate a surplus in the form of either a capital receipt or an ongoing revenue stream, which can be applied to KCC’s budgetary priorities.
Financial Implications
At this stage KCC’s
financial exposure is limited to the legal costs associated with
the drafting and negotiation of the MoU, circa £15,000.
As noted, it is envisaged that for KCC to consider committing to the wider project, it will need to be established that it is viable for community facilities to be fully funded to the required specification solely from land value capture, in addition to additional financial return. Limited further revenue expenditure may be required to support this assessment prior to a full business case being prepared and a subsequent key decision being sought. This expenditure will be funded through capitalisation against the currently forecast capital receipt should the project progress, which is KCC’s standard practice in respect of capital generating disposals.
The MoU will establish the principle of the delivery of new provisions that offer more energy efficient facilities which meet current and future service requirements. This is in line with KCC’s corporate aspirations to deliver revenue savings across the KCC property estate, as set out in securing Kent’s Future and the Medium-Term Financial Plan.
Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Decision due date: Not before 27/09/2024 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Hugh D'Alton
Notice of decision: 29/08/2024
Anticipated restriction: Open
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.
Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Decision due date: Not before 07/11/2024 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Mark Cheverton
Notice of decision: 09/10/2024
Anticipated restriction: Part exempt - view reasons
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
Priority 4: New Models of Care and Support
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.
Decision Maker: Cabinet Member for Education and Skills
Decision due date: Not before 23/09/2024 To allow 28 day notice period required under Executive Decision regulations
Lead officer: David Adams
Notice of decision: 23/08/2024
Anticipated restriction: Open
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
Priority 4: New Models of Care and Support
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.
Financial Implications
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.
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.
Decision Maker: Cabinet Member for Education and Skills
Decision due date: Not before 23/09/2024 To allow 28 day notice period required under Executive Decision regulations
Lead officer: David Adams
Notice of decision: 23/08/2024
Anticipated restriction: Open
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.
Decision Maker: Leader of the Council
Decision due date: Not before 21/08/2024 To allow 5 day notice period required under Executive Decision regulations
Lead officer: Joel Cook
Notice of decision: 13/08/2024
Anticipated restriction: Open
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:
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:
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
Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Decision due date: Not before 14/08/2024 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Rebecca Anderson
Notice of decision: 17/07/2024
Anticipated restriction: Open
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
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 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.
Decision Maker: Cabinet Member for Education and Skills
Decision due date: Not before 25/07/2024 To allow 28 day notice period required under Exeuctive Decision regulations
Lead officer: Craig Chapman
Notice of decision: 26/06/2024
Anticipated restriction: Open
Proposed decision:
The Cabinet Member for Education and Skills is asked to:
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.
Decision Maker: Cabinet Member for Education and Skills
Decision due date: Not before 22/05/2024 To allow 28 day notice period required under Exeuctive Decision regulations
Lead officer: Ian Watts
Notice of decision: 23/04/2024
Anticipated restriction: Open
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:
Decision Maker: Cabinet Member for Education and Skills
Decision due date: Not before 02/04/2024 To allow 28 day notice period required under Exeuctive Decision regulations
Lead officer: Christy Holden
Notice of decision: 04/03/2024
Anticipated restriction: Open
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.
Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Decision due date: Not before 11/04/2023
Lead officer: James Sanderson
Notice of decision: 13/03/2023
Anticipated restriction: Part exempt - view reasons
Proposed decision –
Contracts to be awarded to successful providers for the provision of Community Support Services (Care and Support in the Home) for Disabled Children and Young People following a recent procurement exercise linked to the Adults Care and Support in the Home contract.
Delegate decisions on the implementation to the Corporate Director of Children, Young People and Education, or other Officer, in consultation with the Corporate Director of Adult Social Care and Health as appropriate.
Further information –
Decision 20/00102 - Community Support Services for Disabled Children & Young People was taken on 19 March 2020 and allowed officers to follow a competitive procurement process for children’s community support services within the Adults ‘Care and Support in the Home’ contract.
Following the competitive procurement process a further decision is required to award the contracts to the successful providers.
Decision Maker: Cabinet Member for Integrated Children's Services
Decision due date: Not before 08/10/2021
Division affected: (All Division);
Lead officer: Christy Holden
Notice of decision: 09/09/2021
Anticipated restriction: Open
Approval to the Director of Infrastructure to progress with and enter into the necessary documentation to complete the disposal of the aforementioned property in consultation with the Cabinet Member for Corporate and Democratic Services. The Decision will seek legal agreements to be actioned to complete the sale of the relevant properties.
Decision Maker: Cabinet Member for Corporate and Democratic Services
Decision due date: Not before 18/10/2017 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements
Lead officer: Roderick Lemerle
Notice of decision: 20/09/2017
Anticipated restriction: Part exempt - view reasons