Proposed decision:

 

That the Cabinet Member for Environment agree to:

 

ADOPT the Kent Joint Municipal Waste Management Strategy 2026 – 2031 as KCC’s formal commitment to the partnership approach, subject to formal endorsement by all other partner authorities through their governance processes

 

DELEGATE authority to the Corporate Director for Growth, Environment and Transport or other officer as required by the Corporate Director to review the Strategy on an annual basis and revise the strategy where changes do not require additional governance.

 

DELEGATE authority to the Corporate Director Growth, Environment and Transport, in consultation with the Cabinet Member Coastal Regeneration, Environment and Special Projects, to take the actions required to support the Kent Resource Partnership with the implementation of the strategy, subject to the Councils decision-making process

 

 

 Reason for the decision

 

-      It is a statutory requirement of the Waste and Emissions Trading Act 2003 for two-tier council areas to produce joint waste management strategies.

 

-      The current strategy review and update is overdue.

 

Background

 

-      The management of household waste involves all Kent local authorities; collection of household waste at the kerbside is undertaken by District, Borough and City Councils (waste collection authorities), collected kerbside waste and items brought by residents to household recycling centres are disposed of by Kent County Council (waste disposal authority).

 

-      To achieve efficient, effective waste management requires all authorities to work together to achieve a whole system approach.

 

-      The previous joint strategy expired in 2021. An update was delayed due impacts of the pandemic and uncertainty about the many waste policy changes being considered by Government which has been clarified in the last 12-18 months through revised legislation.

 

-      A light-touch approach to revision was requested by Kent Resource Partnership Officers Group in April 2025. The revision has been led by the Kent Resource Partnership strategic lead and been completed using existing resources, available data and insight, completing a stakeholder review with key contacts and Kent-wide groups and taking into consideration the results of resident surveys relating to waste services completed in 2025.

 

Options (other options considered but discarded)

 

-      Option 1: Do Nothing and retain current strategy (Rejected)

The existing strategy is outdated and does not reflect current legislation, national targets, or emerging challenges such as carbon taxation and mandatory food waste collections. Retaining it would leave Kent without a clear roadmap for compliance and performance improvement.

 

-      Option 2: Minor refresh of existing strategy (Rejected)

A light update would not adequately address significant changes in policy, infrastructure needs and financial pressures. It risks being a superficial exercise that fails to provide strategic direction or stakeholder confidence.

 

-      Option 3: Develop a new, updated strategy (Preferred)

A comprehensive update ensures alignment with future legislation, national recycling targets and emissions reduction commitments associated with the emission trading scheme. It provides a clear framework for collaboration between KCC and the waste collection authorities as well as supporting infrastructure investment decisions and positioning Kent to meet governmental 2035 recycling targets.

 

-      Option 4: Full revision with strategic environmental assessment and public consultation (Rejected)

This option would deliver a robust, future-proof strategy that meets statutory requirements for environmental assessment, contains detailed research and analysis and ensures maximum transparency through public engagement. It would likely require appointing external consultants and whilst this would offer the highest level of stakeholder confidence and compliance the increase in both time and costs to develop is not considered the right approach at this time.

 

How the proposed decision supports Reforming Kent 2025-2028

 

-      Updating the Kent Joint Municipal Waste Strategy ensures Kent’s approach reflects new legislation and national recycling targets supporting the council’s strategic commitment to modern, efficient services.

 

-      The refreshed strategy embeds clearer communication and engagement plans, improving transparency and making recycling easier and more consistent for residents.

 

-      By addressing stalled recycling rates and preparing for carbon taxation the updated strategy helps mitigate rising disposal costs and supports long-term budget stability.

 

-      Aligning with circular economy principles positions Kent as a leader in sustainability, directly supporting the council’s environmental priorities.

 

 

Proposed decision –.

 

APPROVE the proposed changes to the rates payable and charges levied for Children’s Services in 2026-27 and DELEGATE authority to the Corporate Director of Children, Young People and Education, or other nominated officer, to undertake the necessary actions to implement the decision.

 

Reason for the decision

 

This decision revises the rates payable and charges levied by this Council for Children’s Social Care Services from 1 April 2026. This is an annual decision taken prior to the start of the new financial year.

 

Background

 

The rates payable and charges levied for Children’s Services are reviewed annually, with any revisions normally introduced from the start of the new financial year.

 

The proposals will distinguish between those rates and charges over which Members can exercise their discretion, and those which are laid down by Parliament.

 

Some of the increases are directly linked to the published Department for Education fostering rates, which are reviewed by the Department annually.

 

Options (other options considered but discarded)

 

• Do nothing: Freezing rates at 2025-26 levels . This support continues to provide the most cost-effective provision for our looked after children, former looked after children and an alternative to children’s services. The annual uplift continues to form part of the Council’s approach to recruit and retain both in-house foster carers and Kent Supported Homes Hosts, along with promoting alternatives to care. By not applying a reasonable uplift could put at risk this strategy.

 

How the proposed decision supports the Council’s Strategic Statement

 

This decision is in support of Aim 3: “Supporting Residents That Need Help” by supporting incentives to support the recruitment and retention of foster carers to ensure more children have the opportunity to grow up in a safe and secure family environment, along with providing financial support for eligible children to remain with a family setting through adoption and special guardianship payments. This also supports Aim 2: “Reforming Kent County Council” by prioritising investment to support the continuation of the Council’s most cost-effective provision for looked after children (in-house foster care and placing with family & friends) and to avoid the use of more costly externally commissioned placements.

 

Financial Implications

 

The forecast spend on in-house foster carer, Kent Supported Home Hosts and permanency related payments associated with this decision totals approximately £41m in 2025-26. Payments are funded by the General Fund (except if in the case of unaccompanied asylum seeking children whose costs are funded from the Home Office Grant). The placement costs are included in the following budget lines: “Looked After Children – Care & Support (Placements) for both Disabled and Non-Disabled Children”; “Adoption & Special Guardianship Arrangements & Service” and; “Asylum – Kent Permanent Looked After Children (under 18)”.  The Draft 2026-27 Revenue Budget and the Draft 2026-29 Medium Term Financial Plan includes a provision for the increase in the expected rate for in-house foster carers, adoption and special guardianship payments totalling c£1.5m. Proposed increases are expected to be fully funded from agreed budgets (or Home Office funding) with no further cost to KCC.

 

Our in-house foster carers continue to provide the most cost-effective provision for our looked after children. The annual review of the foster carer payments continues to form part of Kent Fostering’s approach to the recruitment and retention strategy of our foster carers by enabling the service to provide a competitive package in the carer’s marketplace both in terms of the fostering and wider job market. By not applying a reasonable uplift could put at risk this strategy.

 

Proposed Decision: To commission, via an external provider, a service that supports young carers.

 

Reason for decision:

 

The existing Young Carers service contract will end in May 2027 and requires recommissioning to enable Kent County Council to meet its statutory obligations under Section 96 of the Children and Families Act 2014, which requires all young carers under 18 to receive a needs assessment.

 

The overarching aim of a Young Carers Service is the assessment of caring responsibilities to help young people reconnect with activities that allow them to experience childhood, while still recognising their caring responsibilities.

 

The proposal is to commission an externally delivered Kent Young Carers Support Service

 

Total value of the contract exceeds £1m and impacts more than two electoral divisions.

 

Background:

·         Local authorities have a statutory duty to support young carers by providing a needs assessment for every young carer under the age of 18, regardless of who they care for or the type or amount of care they provide.

·         This proposal seeks approval to commission a new Kent Young Carers Support Service. It includes delegating responsibility to the Corporate Director for Children, Young People and Education to award a contract with an initial term of four years (with a two year, plus two year extension) following a compliant procurement process and to carry out contract management and oversight,

·         Commissioning activity includes developing the Specification with professional stakeholders and young carers.

 

 

 

 

Options        

In any commissioning activity, the options considered included

1.    Do nothing

2.    Creating a new in-house model

3.    Externally commissioning a new service

 

These will be explored in more detail for the Recommendation Report.

 

Links to the Council’s Strategic Statement

1.1.This proposal aligns to Aim 3 of Reforming Kent^[1] 2025-2028 “Supporting residents that need help.”

 

·         The proposed service would identify, support, and empower young carers so they can achieve positive outcomes in education, health, and wellbeing, while reducing the negative impact of caring responsibilities on their childhood and future opportunities.

 

Proposed decision

The Deputy Leader to agree to:

 

1.    the disposal of Land at Former Spires Academy, Bredlands Lane, Westbere, Canterbury, CT2 0HD; and

 

2.    delegate authority to The Director of Infrastructure, in consultation with the Deputy Leader, 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 which extends to approximately 1.36 hectares is currently vacant on the south-west side of Bredlands Lane. The site previously formed part of a larger plot of land, including the former Spires Academy school buildings which was situated immediately to the south of the site.

 

The south part of the site comprising the former school buildings was sold to Matthew Homes in 2017 and has since been redeveloped to provide 80 dwellings (ref: CA/13/02349). A new Spires Academy was built situated to the east of the site on the opposite side of Bredlands Lane and benefits from an enhanced playing field provision.

 

 

The Council intends to market the site, and it is expected that the level of receipt will be in excess of the delegated threshold and that a Key Decision is required.

 

A decision is therefore sought to authorise the disposal of the site and to delegate authority to the Director of Infrastructure to finalise the terms, subject to consultation with the relevant Cabinet Member.

 

Options (other options considered but discarded)

-          Reuse the site.

-          Continue to hold the site vacant in case of a future requirement.

-          Lease the site.

-          Disposal of the asset. This is the recommended option.

 

How the proposed decision supports the Council’s Strategic Statement

The proposed decision supports the Council’s Strategic Statement by raising capital for reinvestment to enable KCC to deliver improvements to visible community and infrastructure services, whilst also streamlining KCC’s property portfolio, contributing towards the reduction of KCCs’ debt burden and releasing monies back into front line services.

 

Proposed decision

 

To determine the primary and secondary school co-ordinated admissions schemes for 2027 intake year and the admission arrangements for Kent community and voluntary controlled primary schools and the admission arrangements for Kent community and voluntary controlled secondary schools for 2027 intake year.

 

Reason for the decision

 

Admission authorities are legally required to determine admissions arrangements for their schools each year. It is intended that admissions arrangements for schools where KCC is the admissions authority are to remain broadly unchanged. It is proposed, however, to make changes to the Published Admissions Number of the following schools, which are proposed as a result of reduced forecasted demand in the locality around the school:

 

·         Broadwater Down Primary School – reduce PAN from 30 to 15

·         Eastry Church of England Primary School – reduce PAN from 30 to 15

·         Eythorne Elvington Community Primary School – reduce PAN from 20 to 15

·         Hythe Bay CofE Primary School – reduce PAN from 45 to 30

·         St Peter’s Church of England Primary School, Aylesford – increase PAN from 24 to 30

·         St Saviour’s Church of England Junior School – reduce PAN from 96 to 64

 

 

Each consultation ran between 17 November 2025 and 2 January 2026.

 

Local Authorities are also required to consult with all schools within their geographical boundaries on an Admissions Scheme, which details how the co-ordinated and in year admissions processes will operate for the forthcoming year. This consultation ran between 25 November 2025 and 9 January 2026. 

 

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

 

 

Financial Implications

 

Following the outcomes of the consultation there may be changes to school provision in identified areas in order to fulfil the intent of the admissions schemes and arrangements.  Where these costs result in additional capital costs these will be funded from either the School’s own resources or, in the case of the delivery of additional basic need places, potentially from the Council’s Schools Basic Need Programme. Additional costs to the Council will be considered through the appropriate governance route. Related administration functions are fully funded from the Central Services for Schools Block of the Dedicated Schools Grant and not a cost to the General Fund.     

 

Legal Implications  

 

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

 

 

 

Proposed decision –To implement agreements between Kent County Council and mainstream schools for the delivery of Specialist Resource Provisions (SRPs) in Kent, to implement agreements between Kent County Council and providers for the delivery of Specialist Post-16 Institutions (SPIs) and to implement agreements between Kent County Council and Pupil Referral Units (PRUs). 

 

Reason for the decision

 

Current Service Level Agreements and contracts between Kent County Council and mainstream maintained and academy trusts related to the provision of Special Resource Provisions (SRPs) in Kent are due to end 31 August 2026.

 

The Council is required to have a legally binding agreement in place for the provision of these services that outlines the Council’s expectations in relation to the delivery of this provision. Given that the current agreements will end, with no scope to extend, a Key Decision is required to enter into new agreements.

 

Comparable legally binding agreements are required between the Council and organisations delivering Specialist Post-16 Institutions (SPIs) and Pupil Referral Units (PRUs). Historic agreements in relation to these provisions have expired and need to be updated to reflect current national legislation and local policy.

 

Given that children and young people are placed in all three provisions as part of statutory processes, and funding is allocated through national and local funding formulas the agreements will focus on a quality standards and service expectations.

 

Background

 

Following a comprehensive review of SRPs in Kent, a Key Decision was taken to implement legally binding agreements between the Council and mainstream schools for the provision of SRP’s in Kent Decision - 23/00128 - Specialist Resource Provision Contracts & Service Level Agreements (SLAs). Contracts between the Council and academy trusts and Service Level Agreements between the Council and maintained schools where subsequently implemented. These agreements end 31 August 2026 with no scope to extend.

 

SRPs are a key provision in ensuring that the Council can meet its statutory duty for education provision for children and young people with an Education and Health Care Plan (EHCP) and form part of a continuum of Special Education Needs (SEN) provision that includes mainstream, specialist in mainstream and special school provision. They are expected to form a cornerstone of the Government’s SEN reforms, expected this year. SPI’s form part of the continuum of need for post-16 students.

 

A recent Key Decision agreed the expansion of SRPs in Kent to meet evidenced gaps. Decision - 25/00085 - Specialist Resource Provision Review and Commissioning Intentions. This included the agreement to commission new SRPs and / or expand existing SRPs to meet provision pathway and geographic gaps and the growth in demand.

 

Given that SRPs are delivered as additional provision within mainstream settings in exchange for additional high needs funding from within the Designated Schools Grant, legally binding agreements are required to be in place.

 

The agreements will not specify the number of commissioned places in SRPs as this is addressed in the Commissioning Plan for Education Provision in Kent, also subject to a separate Key Decision. It will not include  funding arrangements, or specify a financial value, as funding allocated is subject to statutory processes. Rather, the focus of the agreements is to outline expectations regarding both the delivery and monitoring of the provision delivered.

 

Feedback from headteachers and SRP leads has been that the current agreements are too long, overly complex and lacking in detail in specific areas. Engagement has led to a revision of the existing agreements with a focus on creating a single agreement regardless of the status of the school delivering, streamlining the agreement to remove extraneous content, clarifying areas and adding detail where needed. A current draft has been shared with schools delivering SRPs for comment.

 

Specialist Post-16 Institutions (SPIs) provide educational provision for young people with an EHCP who are age 16 and above, for whom mainstream support is not sufficient to meet need, but who do not require a special school. SPIs are delivered by independent organisations, rather than school. Placements are identified through the EHCP process and are made possible by Section 41 of the Children and Families Act. SPIs must be registered through  OFSTED registration for the EFSA funding.

 

Pupil Referral Units provide education to children and young people who are at risk of or have been permanently excluded or who are unable to attend their usual school due to health issues (Rosewood School). Placements at PRUs enable the Council to meet statutory duties and are agreed through local discussions between schools and PRU headteachers.

 

All three provisions support the Council’s statutory duty to provide education for children and young people whose needs cannot be met solely within a mainstream provision. Placements are made as a result of needs assessments and statutory processes. Funding is allocated through national and local formulas. Consequently, for all three provisions revised legally binding agreements will focus on ensuring delivery of the outcomes expected and providing best value.

 

Options (other options considered but discarded)

 

Options considered and discarded:

1)    Extend existing agreements (SRPs only). This option was discarded as there are no extension clauses within the current agreements to allow for this.

2)    Reinstate expired agreements (SPIs and PRUs only). This option was discarded because former agreements are outdated and no longer fit for purpose.

3)    Not implementing an agreement (all). This option was discarded because of the need to document the terms in a written agreement

 

How the proposed decision supports the Council’s Strategic Statement

 

This decision supports Reforming Kent 2025 – 2028 Aim 3: Supporting Residents that Need Help, specifically in relation to Objective 6: Improve processes and outcomes for our SEND services while tackling the unsustainable growth in demand, priority: Expand Specialist Resource Units. 

 

Financial Implications

 

The Council meets the cost of SRPs, SPI’s and PRUs through paying a pre-agreed rate per place, agreed by the Council in accordance with the prevailing Department for Education High Needs Funding Guidance. The 2025-26 forecast revenue cost for SRPs is £25m, £16m for SPIs and £9m for PRUs. This is just the amount paying directly for PRU places and does not include the devolved money going to secondary schools, which may be used to be pay for additional PRU places by the school.

 

Funding for SRPs, SPIs and PRUs come from the High Needs Block of the Dedicated Schools Grant, a specific ring-fenced revenue grant from the Department for Education.

 

 

The Kent Commissioning Plan for Education (KCP) 2026-30 outlines how the Council will meet its statutory duty to ensure sufficient school places are available. The KCP is a five-year rolling plan which is updated and subject to a Key Decision annually.

 

The plan sets out how the Council will ensure there are sufficient high quality places, the right locations for all learners and provides an overarching framework for determining when and where education may be needed in the future. This includes the commissioning of SRPs across the county. Decision - 25/00099 - Commissioning Plan for Education Provision in Kent 2026-30

 

Consequently, the financial implications related to the provision of SRPs have been identified and agreed as part of Decision 25/00099 and this decision relates solely to securing best value through the implementation of an agreement between the Council and mainstream schools delivering this provision ensuring effectiveness.

 

Legal Implications  

 

• Kent County Council (KCC) has a statutory responsibility under Section 13 of the Education Act 1996 to provide suitable education for all children and young people until age 19 and for those with Education and Health Care (EHC) Plans to 25.
• Similarly, under Section 19 of the same Act, KCC has a duty to arrange suitable education for children of compulsory schools age who may not receive it due to illness or exclusion.
• Under Children and Families Act 2014 KCC has a duty ‘to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes’.
• Under section 27 of the Children and Families Act 2014 (“the 2014 Act”), KCC is under a duty to keep under review the educational provision, training provision and social care provision made in its area (and outside it) for children and young people who have special educational needs or a disability. KCC must consider the extent to which its provision is sufficient to meet the educational needs, training needs and social care needs of the children and young people concerned.
• The SEND Code of Practice (2015) places requirements on Local Authorities to provide access to advice from a suitably qualified person as part of the EHCP process and make appropriate provision for those with an EHC plan in the 0-25 range.
• DfE Arranging Alternative Provision Guidance (2025)
• Post-16 Education and Skills White Paper (2025).
• Schools White Paper (2026): pending

 

All individual proposals to either establish new, expand current or cease current provision will be required to go through the statutory process under the School Organisation (Prescribed Alterations to Maintained Schols) (England) Regulations 2013, Making Significant Changes to Maintained Schools (statutory guidance August 2025) and Making Significant Changes to an Academy (non-statutory guidance on collaborative school place planning, August 2025).

 

Proposed decision – To approve thecommissioning of an All Age Homecare Service for adults and children to include Homecare, Care and Support in Prisons and Community Support Services for children.

 

Reason for the decision

Homecare services for adults and children support the Council in discharging its statutory duties including under the Care Act 2014, the Children Act 1989 and the Special Educational Needs and Disability (SEND) Code of Practice, by enabling people to receive appropriate care and support within their own homes. These services play a critical role in promoting independence, improving quality of life, preventing the escalation of need and the requirement for more intensive interventions, reducing the risk of family and carer breakdown, and supporting timely discharge from hospital for individuals who are medically fit. Homecare represents one of the least restrictive and most proportionate ways of meeting a person’s assessed care and support needs.

 

Homecare services for adults and children are currently delivered through a closed service contract under the Care and Support in the Home (CSiH) contract. There are two contract periods relating to this contract:

• SC18032 started in April 2019 for 4 years (with an optional extension of +2 years and another +2 years). The adults’ provision is part of this contract period.
• SC19012 started in June 2020 for 4 years (with an optional extension of +2 years and another +1 year). The disabled children service is part of this contract period and began in February 2022.

 

Both extensions have been applied and therefore the contracts expire in March 2027 (for adults) and June 2027 (for disabled children). There is no provision for further extensions beyond these dates. It is therefore necessary to commission a new service which will continue to provide Homecare services across Kent.

 

Moving forward, this commissioning activity has been scoped to ensure strategic alignment with other key services delivered by the Council. This commissioning activity will therefore seek to provide the following services:

• Homecare (regulated care in a person’s home),
• Care and Support in the Prison setting,
• Community Support Services for children. 

 

This commissioning activity is being undertaken jointly between Adult Social Care and Health Directorate and Children’s, Young People and Education Directorate with the aim to ensure a smooth and well-supported transition for young people approaching adulthood.

 

The Supporting Independence Service and Extra Care Support elements of the current Adults Care and Support in the Home contract will be commissioned as part of the Supported and Residential Living contract.

 

The proposal to commission an All Age Homecare Service across Kent offers the most effective balance between market control, affordability, service quality, and provider sustainability. It enables the Council to strengthen value for money through improved commissioning leverage, clearer pricing and quality expectations, and better alignment with assessed need and strategic priorities. Commissioning an All Age Homecare Service also supports a scalable and sustainable model which can respond to increasing demand, promote prevention and independence, and ensure robust oversight and market resilience into the future.

 

Background

There are currently over 55,000 hours of Homecare delivered to over 4,500 Adults and over 2,000 hours on Homecare delivered to over 200 Children each week across Kent. The current combined planned annual spend for Homecare in 2025/26 is £87m as follows:

a)    £82m on Homecare for Adults

b)    £125k on Care and Support in Prisons

c)    £4.9m on Homecare and Community Support for Disabled Children.

 

Over the life of the contract, the social care and health landscape has experienced significant change, including increased acuity of need, workforce pressures, hospital flow challenges, and demographic growth. These factors have had a direct impact on both demand and the cost of delivery.

 

Throughout 2025, demand for services has increased significantly and is forecasted to continue to rise in future years. The demand for adults requiring Homecare has increased by nearly 10% during 2025 and the demand for children requiring Homecare and community support has increased by nearly 25% during 2025. This reflects both demographic growth and the Council’s strategic commissioning intention to support more people to remain living independently in their own homes for as long as possible, reducing reliance on more restrictive and higher-cost care settings such as residential care.

 

It is the Council’s priority to establish new arrangements which deliver high-quality, person-centred care in a way which represents clear value for money. This will include aligning service models with assessed need, reducing reliance on higher-cost and more restrictive forms of care, supporting timely and effective hospital discharge, and promoting prevention and early intervention to avoid escalation of need and associated cost pressures.

 

Co-production will be embedded in service delivery to ensure care and support is responsive, proportionate and outcomes-focused, enabling the Council to achieve the best possible outcomes while making effective use of public funds.

 

This commissioning exercise will secure sustainable pricing which supports workforce stability and market resilience balanced against appropriate competition across the market. It will also ensure there is sufficient contracted capacity across Kent to meet current and future demand, while supporting a diverse and resilient local care market.

 

The expectation is for the new service to commence no later than April 2027.

 

 

 

 

 

Options (other options considered but discarded)

Option 1: Do nothing - Maintain the existing contracts for Homecare until contract expires on 31 March 2027/ June 2027.

Not recommended - This option would not address existing and emerging pressures within the Homecare market, including increasing demand, rising costs, workforce challenges, and limited commissioning leverage. Continuing without change would reduce the Council’s ability to shape the market, improve value for money, or strengthen quality and performance oversight, increasing financial and operational risk.

 

Option 2: Extend the current Homecare contracts past the 2027 expiration dates.

Not recommended - There is no contractual provision for further extensions beyond the current end dates. In addition, extending the contracts would perpetuate existing cost pressures, constrain the Council’s ability to introduce improved service models, and limit opportunities to rebalance capacity, pricing, and performance expectations in line with current and future needs. This option would not represent value for money.

 

Option 3: Provide an in house service and remove the need for externally commissioned providers.

Not recommended as a primary model - While an in-house offer could provide greater direct control, this option would require significant upfront investment, ongoing workforce recruitment and management, and substantial operational infrastructure. It would also present scalability and resilience risks given fluctuating demand. Overall, this option would carry a high financial and resource burden and would not offer the flexibility or value for money required at scale. However, the Council will continue to keep delivery models under review and may consider a targeted in-house provision in the future where this would address specific capacity or market sustainability issues.

 

How the proposed decision supports the Council’s Strategic Statement

The recommissioning of Homecare provision for adults and children and community support for children will align with the Council’s Strategic Statement by prioritising prevention, independence, and value for money. By investing in Homecare and community-based support, we enable people to maintain care at home, reduce reliance on costly residential placements, and build independence.

 

 

Proposed decision

 

The Deputy Leader to agree to:

 

1. enter into a new Microsoft licencing agreement for 3 years to meet KCC business and Infrastructure licensing requirements – including the Microsoft Azure Consumption; and

 

2. delegate authority to the Director of Technology, in consultation with the Deputy Leader, for the necessary contractual negotiations and authority to enter into any legal agreements required to implement the above.

 

Reason for the decision

KCC needs to enter into a new licensing agreement to ensure continuation of the use of the Microsoft Office 365 suite and all of the tools available, including security packages. This agreement will also include the Azure consumption.

 

Background

KCC entered into an Enterprise Licencing Agreement with Microsoft via its reseller in June 2023, for a period of three years under Key decision 23/00037. This agreement provides access to a variety of M365 applications, tools and modules which are essential to supporting the Councils business operations.

 

As the current agreement expires on 30 June 2026, when a new licencing agreement is required to ensure business continuity and continued use of the M365 licence estate and all of its benefits.

 

As part of this arrangement the Council will be able to take advantage of enhanced licensing which is critical to support its remote working policy and enhancing the security of KCC’s infrastructure. This will also support the Council’s Cloud First strategy.

 

Options (other options considered but discarded)

·        Do nothing – dismissed, as a licensing agreement is necessary for the day to day running of the Council. Microsoft licencing is standard across the public sector and cannot be purchased directly, but only through a Licencing Solutions Partner.

 

·        Run a procurement to enter into a new Microsoft licencing agreement with a new provider – Microsoft licencing is standard pricing across the public sector. This would involve beginning a relationship with a new partner, whereby our current relationship is well established and trusted.

 

·        Enter into a new Microsoft licencing agreement with existing provider – Following a procurement exercise undertaken in 2020, the Council has established a strong working relationship with Bytes Software Services Ltd.This supplier also provides additional support in ensuring our licence and Azure estate is optimised and efficient - this is the recommended option.

 

How the proposed decision supports the Council’s Strategic Statement

The Microsoft environment is a crucial part of the technology infrastructure and as such forms part of building KCC resilience.

 

Proposed decision

To progress the Road of Remembrance embankment stabilisation works scheme through to delivery

 

Reason for the decision

 

On 27 January 2024, a major landslip occurred from a cliff north of the Road of Remembrance, blocking the road with a significant volume of fallen trees and soil. The road remains closed and there is a risk of further significant collapses with the potential to damage the road itself.  In order to stabilise the cliff to protect this historic road and be able to safety re-open it for public use, it is necessary to fund and carry out significant engineering works to the cliff.

 

Background

 

After the road was closed and works carried out to remove trees and soil and stabilise the cliff as far as that was possible, various geological, technical and legal investigations have taken place to understand the issues and in particular to identify risks to the road itself. That has led to an understanding of the risks of further collapse and the potential risks to properties at the top of the cliff and to anyone who chooses to ignore the formal road closure below. That has in turn led to an options appraisal and the formulation of an engineering solution to stabilise the cliff, protect the public highway and safely re-open the road for public use.

 

Options (other options considered but discarded)

 

We have looked at other options including ‘do nothing’ and lesser designs but these have all been ruled out largely because of safety reasons.

 

How the proposed decision supports the Council’s Strategic Statement

 

Kent’s highways are a key enabler of all services and all economic activity that takes place in Kent, and therefore contribute significantly to all of the Council’s strategic aims. The proposed works to stabilise the cliff, protect the Road of Remembrance and safety re-open it, given the historic and local importance of this road, will contribute significantly to local regeneration and economic growth.

 

 

 

Proposed decision

 

To agree improvements and changes to the Kent & Medway Business Fund (KMBF) on 1 April 2026 with a revised loan offer, terms and eligibility to businesses within Kent & Medway.

 

Reason for the decision

 

Kent County Council (KCC) had two contracts with the Department for Business, Energy & Industrial Strategy (BEIS) (now Department of Business and Trade (DBT)), which enabled KCC to offer grants, loans, and equity finance to enable businesses in Kent and Medway to create new jobs and increase business investment. Funding was originally obtained through these contracts from the Government’s Regional Growth Fund (RGF). Both contracts ended on the 31 March 2023.

 

The Department for Levelling Up, Housing and Communities (DLUHC), now the Ministry of Housing, Communities and Local Government (MHCLG) and at the direct invitation of DLUHC, KCC applied to extend both contracts beyond 31 March 2023 and to retain the recycled KMBF/RGF investments.

 

On 12 June 2023, formal written approval was received from the Head of Regional Growth Fund, Department of Levelling Up, Housing & Communities, which permits KCC to continue to provide loans to local businesses until March 2032.

 

A Key Decision is now required to approve the continuation of the Kent & Medway Business Fund, with a revised offer, terms and eligibility criteria.

 

Background

 

Since January 2017, KCC has used the recycled KMBF\RGF investments (loan repayments and sale of shares in equity stakes) to enable the KMBF to provide new loans ranging between £26,000-£600,000 to eligible businesses across Kent and Medway in addition to a small number of equity investments managed separately by an external supplier. Most funding recipients receive interest-free loans, with a repayment period of up to five years. The recycled KMBF/RGF investments were also used to finance the Kent Life Sciences (KLS) Fund, a sub-programme of the KMBF programme, which provides equity investments in companies predominantly in the life science sector to support their growth. Since 2017, KMBF has made the following investments:

 

·         No of Loan Investments: 161; Total Loan investment £17,693,327

·         No of Equity Investments: 9 companies; Total Equity Investment £4,350.000

·         KMBF Jobs created Full Time equivalent (FTE) 623.89

·         KMBF Jobs Protected Full Time equivalent (FTE) 135.62

 

Options (other options considered but discarded)

 

Options considered:

 

·         To close the Fund and return the recycled money to the Ministry of Housing, Communities and Local Government.  This option was dismissed, as the funds are better utilised to support growth, increase productivity and job creation/protection within Kent & Medway.

 

 

How the proposed decision supports the Council’s Strategic Statement

 

The proposed decision supports the following priorities in the Council’s Strategic Statement:

 

·         4: Use Kent’s buying power to support local jobs and keep investment in the county:

 

·         5: Support local businesses to attract investment and create job opportunities for people in Kent.

 

·         6: Protect our countryside and give strong support to Kent’s farmers and rural pursuits and communities,

 

And the Kent & Medway Economic Framework (KMEF:

-          enable innovative, creative and productive businesses

-          widen opportunities and unlock talent

-          secure resilient infrastructure for planned, sustainable growth

-          place economic opportunity at the centre of community wellbeing and prosperity

-          create diverse, distinctive and vibrant places

 

Proposed decision –

 

Cabinet is asked to:

 

a)    AGREE the revised net revenue budget requirement for 2026-27, arising from the final funding announcements, as detailed in the Cabinet report.

 

b)    AGREE that the increase in net budget requirement is reflected in increased spending where funding is from a consolidated grant, transitional un-ring-fenced grant and any changes in retained business rate income is transferred to reserves

 

c)    AGREE technical changes to transfer remaining KCC Safety Valve contributions to new earmarked SEND reserve following the announcement that the Safety Valve will be ceased as a result of the new High Needs Sustainability Grant

 

Reason for the decision

 

The net revenue budget for 2026-27 is due to be approved by County Council on 12 February 2026. 

 

The Council has now received the following final funding announcements for 2026-27:

• Final Local Government Finance Settlement from Ministry of Housing, Local Government and Communities (MHCLG)
• Retained Business Rates and Business Rates collection fund balances from the 12 Kent District councils

 

These final announcements result in an increase in the overall net budget requirement for 2026-27and require some technical changes to the budget following the government’s announcement to cease the current Safety Valve agreement and replace it with the new High Needs Sustainability Grant.

 

Background

 

The report on late changes to the 2026-27 budget will be reported to Cabinet on 26^th March 2026 in accordance with the recommendations that will be presented to County Council on 12^th February 2026.

 

The Cabinet report provides detail of the additional funding arising from these final funding announcements, including technical changes regarding the funding of High Needs / Special Educational Needs and Disabilities, and recommends how this additional funding should be used. 

 

Options (other options considered but discarded)

 

N/A

 

How the proposed decision supports the Council’s Strategic Statement

 

The Council’s strategic statement, Reforming Kent 2025-28, recognises the significant financial and demand pressures the Council faces, balancing the need to manage spending, deliver savings and generate income, whilst delivering positive outcomes for Kent residents, businesses and local communities.

 

Proposed decision – to cease the delivery of services at the Hardelot Centre in France.

 

Reason for the decision

 

-       Required in response to consideration of where Council resource is prioritised, the financial viability of the services currently delivered and asset condition issues.

 

Background

 

-       The Hardelot Centre is a well-established facility in northern France where a range of services (e.g. accommodation, activities and trips) have been delivered for over 20 years.  It provides accommodation and ancillary facilities alongside a programme of activities for schools and other groups across England and partners on the Straits Committee (France, Belgium and the Netherlands). The revenue budget for the service is -£30k.  In the last three financial years, the service has not delivered a surplus.  The revenue pressure was £25.8k in 2022/23, £8.8k in 2023/24 and £45k in 2024/25.

 

Options (other options considered but discarded)

 

-       Option one – do nothing.

 

-       Option two – undertake the necessary works and develop a viable service model to support the long-term delivery of services.

 

-       Option three – cease the services (proposal recommended for progression)

 

How the proposed decision supports the Council’s Strategic Statement

 

Alignment with Aim 2: ‘Reforming Kent County Council’ and its supporting objectives

Proposed decision – Agree Amendments to the Heritage Conservation Strategy and delegate authority to review, refresh and/or make revisions to the strategy on an annual basis where changes do not require additional governance, to the Corporate Director of Growth, Environment and Transport, or another Officer as required by the Corporate Director.

 

Reason for the decision

The update is required primarily to reflect the Executive Decision taken on 2 August 2024, which directed KCC to divest its windmills in a way that secures their sustainable future as community assets. This change is central to the revised strategy and responds to the need to reduce long-term financial obligations while working with communities and volunteers committed to heritage preservation.

 

In addition, the updated strategy incorporates other significant changes, including compliance with the Levelling Up and Regeneration Act 2023 requirement for the County Council to maintain a Historic Environment Record, and alignment with current corporate priorities following the rescinding of the previous climate change emergency declaration.

 

These updates ensure the strategy remains legally compliant, financially sustainable, and aligned with KCC’s strategic objectives for heritage management.

 

Background

 

The 2^nd August 2024 Executive Decision stated:

1.         KCC should seek to divest itself of the windmills it currently owns by a method that ensures that the windmills have a sustainable future in which they are appropriately cared for and maintained as community assets, and that

2.         The Heritage Conservation Strategy is updated to this effect.

 

The new and revised objectives covering this area are

 

Objective 6: KCC should seek to divest itself of the windmills it currently owns by a method that ensures that the windmills have a sustainable future in which they are appropriately cared for and maintained as community assets.

 

 Objective 7:  For any windmills remaining in KCC ownership and management, follow a management approach so that:

 

i) Mills capable of milling flour (Drapers Mill, Margate, and Cranbrook Mill) remain able to do so.

 

ii) The weatherproofing programme will be undertaken as needed on a rolling cycle.

iii) Static mills will be returned to visual completeness subject to funding

iv) Static mills will be made active wherever possible.

 

Objective 8: Strengthen support for windmill volunteer groups and other interested parties during the divestment process

 

In addition, the Strategy has been updated to include the requirement for the county council as relevant authority to maintain a Historic Environment Record for its area as set out in the Levelling Up and Regeneration Act 2023 and to take account of KCC’s rescinding of the previous declaration of a climate change emergency.

 

Options (other options considered but discarded)

Not updating the Heritage Conservation Strategy was considered but rejected due to strong support from members and senior management and the need to align with the Executive Decision

 

How the proposed decision supports the Strategic Statement – Reforming Kent:

• Supports the objective to build better communities and protecting our heritage by. .
  • Working with Kent Local Planning Authorities to facilitate heritage aspects of growth and infrastructure projects and meet the requirements of the NPPF and LURA 2023.
  • Contributing to KCC’s action to address adaptation to a changing climate.
  • Contributing to the creation of high quality, sustainable development and placemaking within Kent’s communities.

 

Proposed decision –The Deputy Leader of Kent County Council to agree a 2-year extension for the Council’s existing insurance arrangements. 

 

Reason for the decision

 

-      Kent County Council’s main insurance programme is held under a 5-year Long Term Agreement.  This agreement is due to end on 31^st December 2026 and a new programme is due to be tendered for 2027 onwards.  Due to the impending changes arising from Local Government Reorganisation (LGR), it is anticipated that a tender would not attract competitive prices and a 2-year extension should be sought.  This extension would not alter the nature of the contract and would provide the Council with continued insurance cover through to 31^st December 2028 and therefore past the anticipated LGR implementation date (April 2028). 

 

Background – Provide brief additional context

 

-      Insurance cover is required to protect the Council’s financial position in respect of losses it may suffer when undertaking its business. Kent County Council’s current 5-year Long Term Agreement is shared across multiple insurers.  The main policies are currently held with Risk Management Partners (RMP).  The agreement requires RMP to provide the Council’s insurance programme via insurers within their portfolio.  

 

Options (other options considered but discarded)

 

-      Kent County Council has two options to ensure insurance cover continues after 31^st December 2026, -

 

1. To undertake a full tender exercise to procure a new insurance programme
2. To agree a 2-year extension to provide cover through to 31^st December 2028

 

A 2-year extension is recommended under PCR 2015 regulation 72. Whilst it would be possible to undertake a full tender exercise, it is anticipated that insurers would offer higher premiums or even choose not to bid, due to the likely short timeframe of the arrangement.

 

How the proposed decision supports the Council’s Strategic Statement

 

-      The proposed decision responds to the Council’s financial outlook, as the extension will produce savings on the current premium and thus secure value for money.

 

Proposed decision:

 

That the Cabinet Member for Education and Skills, be asked to:

 

1) APPROVE the allocation of £1,400,000 from the Children’s, Young People and Education Modernisation Capital Programme to enable the replacement of mobile buildings at Dover Grammar School for Girls.

 

2) DELEGATE authority to the Director of Infrastructure in consultation with the Director of Education and SEND, /Head of Law (or other officer with delegated authority) to enter into any negotiations, and contracts, contract variations or other legal agreements, as required, to implement the decision

 

3) DELEGATE authority to the Director of Infrastructure to be the nominated Authority Representative within the relevant contractual agreements and to enter into such variations as envisaged under any of these contracts.

 

Reason for the decision

 

The cost of the proposal will be in excess of £1,000,000.

 

The replacement of two existing mobile buildings is required to ensure that the school can continue to provide education in safe, fit-for-purpose accommodation.

 

Replacement of the modular builds supports KCC’s statutory duty regarding ensuring there are sufficient school places for all who require one.

 

Background

 

KCC has a mobile refurbishment/replacement programme as part of the modernisation programme. The condition of each mobile building on a maintained school site has been assessed. From the assessment, the refurbishment or replacement of each modular building has been prioritised.  Two mobile blocks at Dover Grammar School for Girls have been identified as needing replacement in the next 12 months.

 

Options (other options considered but discarded)

 

Refurbishing the mobile units was considered and rejected. The condition of the buildings is such that refurbishment works would not provide good value for money. 

 

The option of doing nothing was discarded. The buildings are life-expired and the space they provide is required by the school.

 

How the proposed decision supports the Council’s Strategic Statement

 

The proposal supports the following:

 

Aim 2 objective 2 in that the rebuilding of the mobile classrooms with fit for purpose facility is a responsibility expected by, and is in the best interest of Kent residents.

 

Aim 2 objective 2 in that this proposal is part of a strictly managed capital programme.

 

 

Proposed decision –The Cabinet Member for Education and Skills:

 

1. APPROVE the increase of Broomhill Bank School’s designated number from 318 students to 490 students

 

2. AGREE to allocate the funding from the Children Young People and Education Services High Needs Capital Budget that will be required to complete the expansion

 

3. AGREE to issue a Public Notice to permanently increase Broomhill Bank School’s formal designated numbers following a representation period of four weeks with no substantive objections received, implement the decision

 

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

 

5. AGREE for the Director of Infrastructure, to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts.

 

Reason for the decision

 

Kent County Council (KCC) as the Local Authority, has a statutory duty to ensure sufficient high quality school places are available, 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 Kent Commissioning Plan 2025-2029 indicated that there will be a shortfall in Special School provision in North and West Kent. Even though KCC’s direction of travel is to increase Special Educational Needs (SEN) provision in mainstream schools and associated Specialist Resource Provisions (SRPs), due to already identified shortfalls and anticipated population growth in certain areas of North and West Kent, more specialist provision is required for children and young people with more complex needs.

 

KCC SEN Data for North Kent as at April 2025, evidenced that there were 237 children and young people waiting for a Special School placement, and 243 open cases, of which was anticipated that a large number would require a Special School placement. For West Kent as at April 2025, there were 201 children and young people awaiting a Special School placement, with 207 open cases.

 

In July 2023 KCC was informed that it had been successful in bidding for a new 250 place Profound, Severe, and Complex Needs (PSCN) Special School in North Kent (Swanley). The school had an initial target opening date of September 2026 and was to be funded and built by the Department for Education (DfE). However, for a number of reasons progress has been incredibly slow and there are now concerns that the school may not progress any further. Even if it were to continue, that school would not be built until 2028 at the very earliest and as the data shows, provision is required now. KCC Officers and the Cabinet Member for Education and Skills continue to push the DfE and Ministers for confirmation of the status of the proposed new Swanley Special School.

 

The proposal to permanently increase the formal designated number of the Broomhill Bank School from 318 students to 490 students, will require new teaching spaces and enhancements to existing infrastructure on both school sites in Tunbridge Wells and Hextable.

 

If no further action is taken in the longer term, KCC will find it extremely difficult to provide sufficient state-funded Special School provision in North and West Kent.

 

Background – Provide brief additional context

 

Broomhill Bank School is a Foundation Special School and a member of Kent Special Educational Needs Trust (KsENT), catering for students aged 11-19 years who have communication and interaction needs associated with Autism and speech, language, and communication needs. All students have Education, Health, and Care Plans. Following an inspection that took place in October 2023, Ofsted deemed Broomhill Bank School to be a ‘GOOD’ school.

 

Due to delays regarding the proposed new PSCN School, the numbers of students in North Kent still requiring specialist provision at this time, and the fact that all Special Schools in the locality are already over capacity; this is unsustainable in the short and medium term, and if not addressed will lead to further places in the independent sector. There is a clear need for further expansion of state-funded specialist provision, where appropriate, to secure the current number of places on a permanent basis alongside the expansion of SRPs and mainstream inclusion.

 

Options (other options considered but discarded)

 

KCC has considered whether other Special Schools in the North and West Kent areas are viable candidates for a permanent increase to their formal designated numbers. There is also a proposal to expand Parkwood Hall Co-operative Academy, but this alone will not produce sufficient places to meet current demand, as that expansion primarily relates to additional places for Primary age children. Therefore, Broomhill Bank School is the most appropriate and viable option to also increase its designated number.

 

By increasing their formal designated number through the physical expansion of Broomhill Bank School, which is KCC maintained provision, it protects the Local Authority from increased revenue costs. The proposal will help to mitigate against the need to place students further away from home and incurring additional transport costs, alongside incurring increased costs from placing a greater number of children in high-cost independent settings to alleviate the current pressures in KCC state-funded Special Schools in the area.

 

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

 

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.

 

This proposed decision supports Priority 1 of Framing Kent’s Future-Our Council Strategy 2022-2026:

·         Priority 1: Levelling Up Kent – It will help maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.

 

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

 

This proposed decision is compliant with Objective 1 of Securing Kent’s Future, KCC as the LA proposes to expand Broomhill Bank School.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 2022-2026 strategy.

 

The proposed new Strategic Statement will be presented to Full Council on 6 November 2025 and considered for adoption. As this FED was drafted prior to that date, it aligns with the relevant policies at the time. Even though the Cabinet Committee Paper will be published after 6 November 2025 Full Council meeting, it will have been drafted prior to the adoption of a new Strategic Statement and so will also refer to Securing Kent’s Future 2022-2026.

 

Financial Implications

 

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 scheme, at which point the formal decision will be taken by the Cabinet Member for Education and Skills. The project will be a school managed scheme and will be confirmed via legally binding funding and development agreements between KCC and Broomhill Bank School. The costs of the two new blocks on the North (Hextable) site, and upgrades and modifications across both the North (Hextable) site and West (Tunbridge Well) site will be borne by the CYPE High Needs Capital Budget. This is funded from a ring-fenced Capital Grant from the DfE. From initial feasibility studies, the estimated cost for the whole scheme was £4,000,000.

 

However, after initial feedback from KCC Planning and Highways colleagues, there is a possibility that costs may increase, primarily due to the need for additional Highways mitigations around the Broomhill Bank School North (Hextable) site. Therefore, we will not be requesting the formal decision to be taken until such time that planning is concluded, and the full extent of the cost of the scheme is known.The latest estimates indicate the costs could increase to as much as c£5.5m, but much work still needs to be undertaken with Planners and Highways to determine the extent of the mitigations required.

 

For Special School capital projects, the average cost per student place for a school expansion in Kent is c£85,000. However, even if this scheme were to produce only the teaching accommodation for 105 students the higher estimated cost equates to a cost per place of c£52,000, which still demonstrates good value for money.

 

KCC Project Managers will be undertaking continuous checks to keep project costs as low as possible.

 

An allowance of up to £2,500 per teaching space may be payable to Broomhill Bank 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 scheme.

 

The High Needs Capital Programme has been running since 2020-21 with a total combined budget of just under £109m of which £67m has been either spent or committed to current known schemes (as at Quarter 1 2025 capital monitoring reported to Cabinet in September 2025). In the same way as the Basic Need programme is managed, to ensure all schemes are prioritised appropriately and expenditure is controlled within available funding, any proposed new or additional capital expenditure, first needs to be considered by KCC Officers through Education Asset Board, before being progressed through the formal governance processes and included in the capital programme.

 

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. This would be a cost to the General Fund.

 

As the scheme progresses, £8,000 per newly provided learning space, would be provided towards the cost of furniture and equipment, such as tables, desks, chairs, cabinets and learning resources. This would be funded from the Dedicated Schools Grant Growth Fund.

 

State funded Special School places are commissioned by Local Authorities and paid based on a rate per place. The rate per place set by KCC for Broomhill Bank School is currently between £15,041 to £24,946 dependant on need type. The higher rate for Broomhill Bank School is approximately £35,000 less than a place in an independent Special School. Local Authorities use the High Needs Block of the Dedicated Schools Grant to pay for these places. Broomhill Bank School will use the revenue income they receive to facilitate additional staffing requirements and increased running costs.

 

Legal Implications

 

Under the Children and Families Act 2014 KCC has a duty ‘to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes’. By ensuring we have appropriate provision as locally as possible, we are delivering on our obligation in accordance with this legislation.

 

Local Authorities need to deliver their statutory duties and be aware of non-statutory guidance and advice, which relate to children and young people with SEN. These are:

·       Department for Education-Making significant changes to maintained schools 2025: statutory guidance for proposers and decision makers.

·       The Equalities Act which: places duties on Local Authorities to review support services and in doing so requires Local Authorities to have due regard to the way in which any changes will affect children and young people with a disability.

·       The SEND Code of Practice places requirements on Local Authorities to: provide access to advice from a suitably qualified person as part of the EHCP process and subsequent “assess, plan, do, review” cycles, and make appropriate provision for those with an EHC plan in the 0-25 range.

·       Sufficiency Duties: KCC is under a statutory duty to contribute towards the spiritual, moral, mental, and physical development of the community by securing that efficient primary education and secondary education are available to meet the needs of the population of their area: section 13 of the Education Act 1996 (“the 1996 Act”).

·       KCC must ensure that its education functions are exercised by the authority with a view to promoting high standards, ensuring fair access to opportunity for education and training, and promoting the fulfilment of learning potential by every person under the age of 20 and those over the age of 20 and for whom an EHC Plan is maintained: section 13A. By section 14, KCC must secure that sufficient schools for providing primary and secondary education are available for their area, defined as being sufficient in number, character and equipment to provide for all students the opportunity of appropriate education.

·       Under section 27 of the Children and Families Act 2014 (“the 2014 Act”), KCC is under a duty to keep under review the educational provision, training provision and social care provision made in its area (and outside it) for children and young people who have special educational needs or a disability. KCC must consider the extent to which its provision is sufficient to meet the educational needs, training needs and social care needs of the children and young people concerned.

·         KCC, when carrying out its functions must have “due regard” to the provisions of section 149 of the Equality Act 2010, known as the ‘public sector equality duty’.

 

All individual proposals to either establish new, expand current or cease current provision are required to go through the statutory process under The School Organisation (Prescribed Alterations to Maintained Schools) (England) (Amendment) Regulations, 2025. As part of this process, a public consultation was undertaken ahead of presentation of the proposal to CYPE Cabinet Committee. Should the Cabinet Member for Education and Skills agree to the permanently increase to the formal designated number of the Broomhill Bank School from 318 students to 490 students, through a permanent expansion, a Public Notice will be issued for a period of 4 weeks.

 

The Director of Infrastructure in consultation with the Director of Education will be overseeing the scheme to ensure public funds are utilised appropriately.

 

Proposed decision –The Cabinet Member for Education and Skills:

 

1. APPROVE the requisite funding from the Children Young People and Education High Needs Capital Programme that will be required to increase Parkwood Hall Co-operative Academy’s designated number from 120 to 192 students

 

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

 

3. AGREE for the Director of Infrastructure, to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts.

 

Reason for the decision

 

Kent County Council (KCC) as a Local Authority, has a statutory duty to ensure sufficient high quality school places are available, 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 Kent Commissioning Plan 2025-2029 indicated that there will be a shortfall in Special School provision in North Kent. Even though KCC’s direction of travel is to increase Special Educational Needs (SEN) provision in mainstream schools and associated Specialist Resource Provisions (SRPs), due to already identified shortfalls and anticipated population growth in certain areas of North Kent, more specialist provision is required for children and young people with more complex needs.

 

KCC SEN Data for North Kent as at April 2025, evidenced that there were 237 children and young people waiting for a Special School placement, and 243 open cases, of which was anticipated that a large number would require a Special School placement.

 

In July 2023 KCC was informed that it had been successful in bidding for a new 250 place Profound, Severe, and Complex Needs (PSCN) Special School in North Kent (Swanley). The school had an initial target opening date of September 2026 and was to be funded and built by the Department for Education (DfE). However, for a number of reasons progress has been incredibly slow and there are now concerns that the school may not progress any further. Even if it were to continue, that school would not be built until 2028 at the very earliest and as the data shows, provision is required now. KCC Officers and the Cabinet Member for Education and Skills continue to push the DfE and Ministers for confirmation of the status of the proposed new Swanley Special School.

 

The proposal to facilitate the expansion of Parkwood Hall Co-operative Academy will create 48 places of additional primary provision (Reception to Year 6) plus additional places for secondary aged pupils. The building project for this expansion will be managed by Parkwood Hall Co-operative Academy, while KCC Infrastructure will oversee the scheme from a quality assurance perspective.

 

If no further action is taken in the longer term, KCC will find it extremely difficult to provide sufficient state-funded Special School provision in North Kent.

 

Background – Provide brief additional context

 

Parkwood Hall Co-operative Academy is a Single Academy Trust and officially sits under the

Royal Borough of Kensington and Chelsea (RBKC) but is located in Swanley Kent. KCC is the

main placing authority with the school. Parkwood HallCo-operative Academy is a Special

School for children and people aged 8-19 (Year 4 to Year 14) who have moderate to severe

learning difficulties and Autism. Many of the students have additional needs including ADHD,

Downs Syndrome and language difficulties. All students have Education, Health and Care

Plans. Following an inspection that took place in July 2025, Ofsted deemed Parkwood Hall Co-

operative Academy to be a ‘GOOD’ in 4 out of the 5 areas, and ‘OUTSTANDING’ in the area of

Behaviours an Attitudes.

 

The Principal of Parkwood Hall Co-operative Academy is already admitting students over and

above the designated number. Currently the number of students on roll is 135. Parkwood Hall Co-operative Academy continues to admit students with more complex needs, whilst ensuring the quality of education for all students is maintained.

 

Due to the school’s location RBKC now has limited interaction with the school and places a

very limited number of children and young people there. KCC continues to be one of the main

placing authorities with Parkwood Hall Co-operative Academy, placing 61 students out of a total school roll of 136 for the 2024/2025 academic year. For the start of this current academic year, 2025/2026, the school has 65 students placed by Kent out of a total school roll of 135 with no students placed from RBKC.

                       

KCC has formed strong working relationships with the Senior Leadership of Parkwood Hall Co-

operative Academy, and the school has indicated its very clear desire to be recognised as part

of the Special Educational Needs (SEN) system in Kent. Parkwood Hall Co-operative Academy

has acknowledged the need for more specialist placements for children with complex needs

predominantly across the primary age groups, and has therefore proposed to expand its age

range from what is currently 8- to 19-year-olds (Year 4 to Year 14) to 4-to-19-year olds

(Reception to Year 14) to support need in the North Kent area.

 

North Kent is still encountering significant growth primarily in Dartford, but the other two districts

of Gravesham and Sevenoaks are fast approaching completion of their new Local Plans, which

will see significant housebuilding required for the period up to 2040 and beyond.

 

Due to delays regarding the proposed new PSCN School, the numbers of students in North

Kent still requiring specialist provision at this time, and the fact that all Special Schools in the

locality are already over capacity, there is a clear need for further expansion of state-funded

specialist provision to ensure the current number of places can be maintained on a permanent

basis.             

 

This proposal is part of a plan to help alleviate current pressures and help mitigate future

population growth across the wider North Kent area, alongside the expansion of SRPs and

mainstream inclusion.

 

Options (other options considered but discarded)

 

KCC has considered whether other Special Schools in the North Kent area are viable candidates for a permanent increase to their formal designated numbers. There is also a proposal to expand Broomhill Bank School, but this alone will not produce sufficient places to meet current demand, as that expansion primarily relates to additional places for secondary age children. Therefore, Parkwood Hall Co-operative Academy is the most appropriate and viable option to also increase its designated number. It is however, recognised there is no guarantee these places will be offered to Kent children, and we have no statutory intervention powers to secure these placements. Although this has been considered an acceptable risk.

        

By increasing their formal designated number through the physical expansion of Parkwood Hall Co-operative Academy, which is a state-funded provision, it protects the Local Authority from increased revenue costs. The proposal will help to mitigate against the need to place students further away from home and incurring additional transport costs, alongside incurring increased costs from placing a greater number of children in high-cost independent settings to alleviate the current pressures in KCC state-funded Special Schools in the area.

 

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

 

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.

 

This proposed decision supports Priority 1 of Framing Kent’s Future-Our Council Strategy 2022-2026:

·         Priority 1: Levelling Up Kent – It will help maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.

 

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

 

This proposed decision is compliant with Objective 1 of Securing Kent’s Future, KCC as the LA proposes to expand Parkwood Hall Co-operative Academy.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 2022-2026 strategy.

 

The proposed new Strategic Statement will be presented to Full Council on 6 November 2025 and considered for adoption. As this FED was drafted prior to that date, it aligns with the relevant policies at the time. Even though the Cabinet Committee Paper will be published after 6 November 2025 Full Council meeting, it will have been drafted prior to the adoption of a new Strategic Statement and so will also refer to Securing Kent’s Future 2022-2026.

 

Financial Implications

 

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 scheme, at which point the formal decision will be taken by the Cabinet Member for Education and Skills. The project will be a school managed scheme and will be confirmed via legally binding funding and development agreements between KCC and Parkwood Hall Co-operative Academy.

 

The cost of the works will be borne by the CYPE High Needs Capital Budget; this is funded from a ring-fenced Capital Grant from the DfE. From initial feasibility studies, the estimated cost for the whole scheme was £1,500,000. However, after initial feedback from KCC Infrastructure colleagues, there is a possibility that costs may increase, primarily due to the possible need for additional Highways mitigations around the Parkwood Hall Co-operative Academy site and other requirements on the refurbishments of existing buildings. Therefore, we will not be requesting the formal decision to be taken until such time that planning is concluded, and the full extent of the cost of the scheme is known. The latest estimates indicate the costs could increase to as much as c£3,000,000, but much work still needs to be undertaken with Planners and Highways to determine the extent of any mitigations that may be required. 

 

For Special School capital projects, the average cost per student place for a school expansion in Kent is c£85,000. However, the higher estimated cost for this scheme equates to a cost per place of only c£42,000, which demonstrates good value for money.            KCC Project Managers will be undertaking continuous checks to keep build project costs as low as possible.

 

An allowance of up to £2,500 may be payable to Parkwood Hall Co-operative Academy 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 scheme.

 

The High Needs Capital Programme has been running since 2020-21 with a total combined budget of just under £109m of which £67m has been either spent or committed to current known schemes (as at Quarter 1 2025 capital monitoring reported to Cabinet in September 2025).In the same way as the Basic Need programme is managed, to ensure all schemes are prioritised appropriately and expenditure is controlled within available funding, any proposed new or additional capital expenditure, first needs to be considered by KCC Officers through Education Asset Board, before being progressed through the formal governance processes and included in the capital programme.

 

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. This would be a cost to the General Fund.

 

State funded Special School places are commissioned by Local Authorities and paid based on a rate per place. The rate per place for Parkwood Hall Co-operative Academy is currently between £30,430 to £31,400 dependent on the Key Stage. The higher rate forParkwood Hall Co-operative Academy is approximately c£30,000 less than a place in an independent Special School. Local Authorities use the High Needs Block of the Dedicated Schools Grant to pay for these places. Parkwood Hall Co-operative Academy will use the revenue income they receive to facilitate additional staffing requirements and increased running costs.

 

Legal Implications

 

Under the Children and Families Act 2014 KCC has a duty ‘to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes’. By ensuring we have appropriate provision as locally as possible, we are delivering on our obligation in accordance with this legislation.

 

Local Authorities need to deliver their statutory duties and be aware of non-statutory guidance and advice, which relate to children and young people with SEN. These are:

·       Department for Education-Making significant changes to an academy 2025: non-statutory guidance on collaborative school place planning and making organisational changes to academies.

·       The Equalities Act which:  places duties on Local Authorities to review support services and in doing so requires Local Authorities to have due regard to the way in which any changes will affect children and young people with a disability.

·       The SEND Code of Practice places requirements on Local Authorities to: provide access to advice from a suitably qualified person as part of the EHCP process and subsequent “assess, plan, do, review” cycles, and make appropriate provision for those with an EHC plan in the 0-25 range.

·       Sufficiency Duties: KCC is under a statutory duty to contribute towards the spiritual, moral, mental, and physical development of the community by securing that efficient primary education and secondary education are available to meet the needs of the population of their area: section 13 of the Education Act 1996 (“the 1996 Act”).

·       KCC must ensure that its education functions are exercised by the authority with a view to promoting high standards, ensuring fair access to opportunity for education and training, and promoting the fulfilment of learning potential by every person under the age of 20 and those over the age of 20 and for whom an EHC Plan is maintained: section 13A. By section 14, KCC must secure that sufficient schools for providing primary and secondary education are available for their area, defined as being sufficient in number, character and equipment to provide for all students the opportunity of appropriate education.

·       Under section 27 of the Children and Families Act 2014 (“the 2014 Act”), KCC is under a duty to keep under review the educational provision, training provision and social care provision made in its area (and outside it) for children and young people who have special educational needs or a disability. KCC must consider the extent to which its provision is sufficient to meet the educational needs, training needs and social care needs of the children and young people concerned.

·       KCC, when carrying out its functions must have “due regard” to the provisions of section 149 of the Equality Act 2010, known as the ‘public sector equality duty’.

 

Planning permission will be required for the new accommodation to enable the expansion of the school’s accommodation. As part of the Funding Agreement, Parkwood Hall Co-operative Academy will be responsible for gaining the appropriate planning consent.

 

All individual proposals to either establish new, expand current or cease current provision will be required to go through the DfE process of making significant changes to an academy (non-statutory guidance on collaborative school place planning and making organisational changes to academies, August 2025).

 

The Director of Infrastructure in consultation with the Director of Education will be overseeing the scheme to ensure public funds are utilised appropriately.