Proposed decision

 

(i)    APPROVE the procurement and contract award of a zero value Highways Term Maintenance Contract.

 

(ii) DELEGATE authority to the Corporate Director of Growth Environment & Transport, to take relevant actions to facilitate the required procurement activity;

 

(ii)  DELEGATE authority to the Corporate Director of Growth Environment & Transport in consultation with the Cabinet Member for Highways and Transport, to take relevant actions, including but not limited to, awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision; and

 

(iii) DELEGATE authority to the Corporate Director of Growth Environment and Transport, in consultation with the Cabinet Member for Highways and Transport, to award extensions of the contract in accordance with the relevant clauses within the contract.

 

Background and reason for decision

 

Our 5,400-mile road network in Kent has a replacement value of £10.2 billion. It plays a vital part in delivering council objectives set out in Framing Kent’s Future by enabling safe and reliable journeys around and through the county. Our roads support social wellbeing and economic prosperity. They are essential for emergency services to execute their work: policing, healthcare, fire, and emergency response provision all require an effective highway network. These services are a key part of a functioning society which cannot exist without well-maintained and well-managed roads.

 

Under Section 41 of the Highways Act 1980 the council has the legal duty to maintain its highways and all highway assets (e.g. bridges, tunnels, drainage etc). This duty includes responsibility for maintaining, managing and where necessary improving sections of the network and to keep the highways safe for the travelling public. These contractor services need to be commissioned externally to ensure the Council meets its statutory obligations and that service continuity is maintained.

 

Other options considered but discarded:

 

Deliver in-house: It has been established that there is no internal resource to deliver a contract of this size and complexity and that a commercially procured contract would be required through a provider with extensive ability and expertise

 

Do nothing. The current HTMC contract cannot be extended any further. New contractual arrangements must be in place from 1st November 2025 to allow time for implementation and mobilisation and to ensure service continuity from the 1st May 2026. Failure to commission services beyond this date will put KCC at risk in failing to deliver its statutory obligations to maintain the Highway, as the Highway Authority.

 

How the proposed decision supports Framing Kent’s Future 2022-2026: (https://www.kent.gov.uk/about-the-council/strategies-and-policies/corporate-policies/our-council-strategy)

 

The proposed decision relates to Framing Kent’s Future priority Infrastructure for communities by ensuring our highways are safe and reliable for people to access employment, education, health provision and leisure opportunities

 

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

 

The proposed decision relates to Securing Kent’s Future to review all contract spend to ensure the new contract delivers best value for money.

 

 

Proposed decision

 

Approval of the Investment Advisory Board Terms of Reference and the recent voluntary appointments made to the Boards: The Investment Advisory Board, (“IAB”), IAB Sub-Group and the IAB Debt Recovery Group.

 

Reason for the decision

 

The Investment Advisory Board (IAB), the IAB Sub-Group and the IAB Debt Recovery Group convene monthly to support the operational delivery of the Kent & Medway Business Fund, Innovation Initiative Investment Fund (i3), the Discovery Park Technology Fund (DPTIF), Kent Life Sciences Fund (KLS) and the RGF Bespoke Equity Fund (RGFBEF). The role of the boards and sub groups is to make

 

·         Recommendations to KCC to approve, reject or defer a funding application, include what conditions should be set if a funding is approved.

 

·         Recommendations to KCC to reprofile repayment schedules for companies in receipt of funding within the Loan Portfolio and/or make recommendations to recover loan funds where all other repayment options have been exhausted.

 

The work of The Boards are covered by a number of Key Decisions attributable to specific loan schemes, the latest being 2300088 in conjunction with a revised set of Terms of Reference.

 

Background

 

The original Kent & Medway IAB Terms of Reference have been formally reviewed, by the Office of General Counsel and Officers of the Business Investment Team in conjunction with external support from a specialist lawyer within Bevan Brittan.  This work provided a new draft set of Terms of Reference for review and subsequent approval on 16 January 2024 by the Investment Advisory Board. 

 

Recruitment, vetting process, and exit interview process of Volunteer Board Members

 

To support the interim recruitment and thereafter an annual recruitment drive (subject to requirements for additional board members), the Business Investment Team developed a recruitment process along with template documentation, have established a recruitment panel supported by the Interim Head of Economy, Steve Samson and Susan Berdo, Strategic Programme Manager.  This includes an exit interview process, which has been developed to support the continuous improvement of the Boards’ activities and delivery thereof.

 

Options (other options considered but discarded)

 

The Investment Advisory Board (IAB), IAB Sub-Group and IAB Debt Recovery Group have operated in their current capacity for a number of years and following a full review of the loan schemes, their associated administrative processes and funding thereof, options were considered for Board composition and recruitment , in line with the revised Terms of Reference provided by Bevan Brittan and supported by the Office of General Counsel.

 

1.    Continue with the same recruitment processes which involved the nomination by an existing Board Member of a proposed new Board Member to approach.  This was discarded in favour of 2. below.

2.    Review the recruitment process and fully develop an open and transparent recruitment process for volunteer board members, and draw future membership from a more diverse business demographic which would ensure representative from all the business sectors within Kent & Medway, and those future emerging sectors.

 

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

 

The Kent & Medway Business Fund (Standard) and KMBF Small Business Boost supports:

·         Priority 1 – Levelling Up Kent (2, 3, 4, 5, 6 and 7)

·         Priority 2 – Infrastructure for Communities (3)

·         Priority 3 – Environmental Step Change (7)

 

How the proposed decision supports the Kent & Medway Economic Framework

The Kent & Medway Business Fund supports:

Ambition 1, Action area 4: Supports the conditions for Growth

 

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

 

The decision is compliant with the Strategic Statement in the context of the significant financial challenges that the Council is facing

 

As detailed above, the Boards support the Kent & Medway Business Fund (Standard) and KMBF Small Business Supports which supports the Council’s strategic objectives and the delivery of Securing Kent’s Future without negative impact on the priorities listed above.

 

It prioritises Best Value statutory duty considerations as volunteer board members receive no remuneration or no expenses.

 

 

 

 

Proposed decision

 

To agree to a revised Local Development Scheme (timetable) for work related to updating mineral and waste planning policy in Kent.

 

 

Reason for the decision

 

Legislation requires local plan making work to be undertaken in accordance with a published timetable or ‘Development Scheme’. The most recent timetable for updating the Kent Minerals and Waste Local Plan (KMWLP) and the Kent Mineral Sites Plan (KMSP) is set out in the Council’s ‘Minerals and Waste Local Development Scheme’ (LDS) and was agreed by the Environment and Transport Cabinet Committee (ETCC) in November 2023. A change to the timetable for both Plans is necessary for the following reasons:

 

(i)        The independent examination hearing for the KMWLP commences in September and this impacts upon potential adoption dates;

(ii)      To meet the examination hearing deadlines for the KMWLP, staff resources have had to be focussed on activities associated with the KMWLP rather than the Mineral Sites Plan (MSP); and

(iii)     evidence gathering and assessment in relation to the MSP work is currently incomplete.  Work is ongoing to test whether the evidence is robust and consistent with national planning policy which will determine whether a new quarry site should be allocated or not.  

 

Background

 

The County Council has a statutory responsibility to plan for future minerals supply and waste management within Kent as set out in the Planning and Compulsory Purchase Act 2004, National Planning Policy Framework 2023 (NPPF) and the National Planning Policy for Waste 2014 (NPPW). This responsibility is realised through the preparation of a Local Plan, prepared in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012 (The Regulations).

 

The Kent Minerals and Waste Local Plan 2013-30 (KMWLP) was adopted by Full Council in July 2016, with some limited changes adopted in September 2020 as part of an ‘Early Partial Review’. The Kent Minerals and Waste Local Plan contains planning policies relating to minerals supply and waste management against which the Council assesses planning applications for these types of development. In addition, the Kent Mineral Sites Plan (adopted in September 2020) (KMSP) identifies three sites suitable for the quarrying of sand and gravel.

 

Regulations require local plans to be reviewed every five years to ensure that the policies remain relevant, conform to national policy and guidance and satisfactorily address the needs for waste management and mineral supply. Work on the Kent Minerals and Waste Local Plan Review commenced in 2021 and concluded a need for updates to the Plan to reflect changes in national policy and guidance since 2016. These include amongst others, changes to the National Planning Policy Framework, government policy and guidance on the achievement of a circular economy, those concerned with climate change and protection and enhancement of the natural environment. An updated KMWLP (which will cover the period 2024 to 2039) is currently being examined by an independent Planning Inspector.

 

Work on identifying an additional site for the working of hard rock in the Kent Mineral Sites Plan commenced in 2022.Detailed technical assessment on the suitability of the nominated site is ongoing. No decision has yet been made as the detailed technical assessment is currently incomplete.

 

Legislation requires local plan making work to be undertaken in accordance with a published timetable or ‘Development Scheme’. The most recent timetable for updating the KMWLP and the KMSP is set out in the Council’s ‘Minerals and Waste Local Development Scheme’ (LDS) and was considered by the Environment and Transport Cabinet Committee (ETCC) in November 2023, before being agreed by the Cabinet Member for Environment. The responsibility for the Local Plan work has since transferred to the Economic Development Portfolio.  In light of the need to focus resources on the examination of the Kent Minerals and Waste Local Plan, work on the Kent Mineral Sites Plan has effectively been paused. Although some detailed technical assessment continues it will not be possible to progress the work on the Sites Plan to the timetable set out in the current Kent Minerals and Waste Development Scheme and so an update to the scheme is now proposed. An updated Minerals and Waste Development Scheme will also take account of the anticipated Kent Minerals and Waste Local Plan 2024-39 examination hearing dates.

 

Options (other options considered but discarded)

 

The legislation requires a Local Development Scheme in a prescribed format and for plan making work to take place in compliance with the adopted LDS.  Other options are not permitted under the legislation.

 

How the proposed decision supports Framing Kent’s Future 2022-2026:

 

The KMWLP, in particular its Vision, Strategic Objectives and planning policies, helps facilitate the key strategic priorities of an Environmental Step Change and Infrastructure for Communities by supporting the delivery of sustainable growth in Kent’s economy. The KMWLP and supporting Kent Mineral Sites Plan recognise Kent’s environment as a core asset and seeks to adapt to, and mitigate, the impacts of climate change and assist in the delivery of net zero objectives. The proposed planning strategy will reflect recent changes to the environmental agenda including mitigation and adaptation to climate change and Kent’s Climate Change Statement, the circular economy, biodiversity and measures to support covid recovery. In addition, the proposed updated policies support the protection and creation of a high-quality environment, with accessible local services that reflect the community’s needs.

 

 

How the proposed decision supports Securing Kent’s Future:

 

The Local Plan work and the associated Local Development Scheme is a statutory requirement as part of the Council’s town planning responsibilities.  The local plan work has been carried out in accordance with Objective 3 of Securing Kent’s Future which seeks to ensure that the Council prioritises its Best Value Statutory obligations.

 

Proposed decision

 

For the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services in consultation with the Cabinet Member for Economic Development to:

 

(i)      APPROVE and DELEGATE to the Director of Growth and Communities to extend the current contract period for a period of nine months to allow time to undertake the disposal.

 

(ii)     AGREE that the necessary steps can be taken to dispose of the Old Rectory Business Centre in Northfleet as a going concern.

 

(iii) 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

 

Background and reason for the decision:The Old Rectory Business Centre in Northfleet is a KCC-owned facility that has been offering high quality office space to local businesses since 2009. The current contractual arrangements with the company that manages the day-to-day operation of the centre will expire on 30 November 2024. In the light of ‘Securing Kent’s Future’ which requires a review of all discretionary expenditure, KCC is seeking to dispose of the asset as a going concern. This would provide a one-off capital receipt for KCC while ensuring the continued availability of in-demand workspace premises in Gravesham, the lack of which is a recognised constraint on the expansion of local small and medium sized enterprises.

 

Options:Officers have considered five options. The preferred option is to dispose of the asset and transfer its functions (as a business centre) as a going concern. 

 

As a going concern, the asset has been valued by Investment and Disposals, Property Strategy at circa £773,000 although an actual figure will only be determined by testing the market. 

This option will also ensure continued availability of business workspace in an area of the county where there is a lack of these facilities compared to neighbouring districts reinforcing KCC’s commitment to supporting economic regeneration and growth.

 

Other options considered:

 

• Initiate a full procurement exercise to allow KCC to test the market for better value and share future profits with an operator. The centre would operate on a full cost recovery basis, with an estimated income of £1.7 million over five years, and KCC would receive £250,000 for managing the contract, maintenance, improvements, and surplus income annually. However, it may not align with the objectives of reviewing discretionary spend despite potential long-term income.

 

• Dispose of the asset. KCC would forego future income but receive a one-time capital receipt between £830,000 to £1.1 million, aiding the Council’s financial position however this option poses significant risk to tenant businesses and site management staff and does not support the County’s priorities in Framing Kent’s Future and the Kent & Medway Economic Framework.

 

Extend the current contract for a duration of 2-years:By extending the contract for two years, income generated could be around £680,000, with over £100,000 supporting maintenance and management, plus £50,000 in profit. However, this would not allow KCC to test the market for best value and may not support the objectives of Securing Kent’s Future.

 

• KCC to take over the management of the facility.  This option minimises disruption to businesses and allows KCC to retain all income. However, it would require covering all operational costs, which is not recommended during a period of discretionary activity review.

 

Alignment to KCC Strategies:

 

·   The proposed decision supports Framing Kent’s Future 2022-2026by boosting economic growth and support Small and Medium-sized businesses.

 

·     The proposed decision supports Securing Kents Future - Budget Recovery Strategy.pdf 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.

 

·     The proposed decision supports the Kent & Medway Economic Framework by supporting the conditions for growth through ensuring the ongoing availability of high quality workspace.

 

 

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.

 

Proposed decision –

 

The Leader of the Council:

 

1. Approve the acceptance of Home Office grant funding for the Afghan Resettlement Schemes (ARAP and ACRS) and the United Kingdom Resettlement Scheme (UKRS) and to determine the appropriate delivery model.

2.    Agree to Kent County Council continuing to be the ‘Lead Recipient’ for the Home Office grant for all districts in Kent with the exception of Ashford, Canterbury and individuals resettled to the Ministry of Defence and Local Authority Housing Fund properties in Dover. 

 

 

 

 

 

Background

 

Following a meeting of Kent Leaders on 23 September 2015 and KCC on 22 October 2015 it was proposed that KCC would work with district housing leads to determine the best way to set up the Vulnerable Persons Resettlement Scheme (VPRS) in Kent. It was subsequently agreed that KCC should co-ordinate a service in partnership with those districts that wished to take part. At the time, this involved all the districts in Kent with the exception of Ashford and Canterbury who manage their own schemes. Since then, KCC’s Refugee Resettlement Team and the Kent housing authorities have been working in partnership to resettle refugees through a number of government schemes and programmes including the following:

 

·       Vulnerable Persons Resettlement Scheme (VPRS) (2015 – 2021) In early 2021 the number of individuals resettled under the VPRS nationally exceeded 20,000, the original target for 2020. It has helped those in the greatest need, including people requiring urgent medical treatment, survivors of violence and torture, and women and children at risk. Although the VPRS officially ended in 2021, it merged seamlessly into the UKRS, an almost identical scheme to the VPRS but which resettles refugees from anywhere in the world. Legacy cases are still being supported by the programme.

 

·       The UK Resettlement Scheme (UKRS) which started in March 2021.  Its purpose is to resettle vulnerable refugees in need of protection from a range of regions of conflict and instability across the globe. This scheme replaced the Vulnerable Persons Resettlement Scheme and was intended for use by any refugee group identified by UNHCR requiring resettlement and fulfilling the criteria of the scheme.  Numbers resettled under this scheme are based on local authority capacity.

 

·       The Afghan Citizens Resettlement Scheme (ACRS), opened in January 2022, and aimed to resettle more than 5,000 people in the first year and up to 20,000 over the coming years.  The scheme prioritises:

 

o   Those who have assisted the UK efforts in Afghanistan and stood up for values such as democracy, women’s rights, freedom of speech and rule of law.

o   Vulnerable people, including women and girls at risk, and members of minority groups at risk (including ethnic and religious minorities and LGBTQ+)

The scheme has three pathways.

·       The Afghan Relocation and Assistance Policy (ARAP), which launched on 1 April 2021, for Afghan citizens who worked for or with the UK Government in Afghanistan in exposed or meaningful roles and deemed eligible by the Ministry of Defence for relocation to the UK and deemed suitable for relocation by the Home Office.

 

·       Community Sponsorship Scheme (2016-) KCC’s Refugee Resettlement Team give approval, advice, and guidance only.

 

The Homes for Ukraine Scheme is currently delivered by a separate team in Kent County Council.

 

The housing authorities are responsible for deciding on the number of families to be resettled in their areas and on whether specific properties meet the statutory requirements. In ten of the twelve districts, KCC then provides coordination and liaison with the Government resettlement team and also commissions and oversees the resettlement and integration support from three commissioned providers and more recently provide specialist targeted support in areas such as housing, ESOL and complex cases.  The two exceptions are Ashford and Canterbury who provide the support from within their own housing and community teams.

 

Dover District Council (DDC) deliver the Afghan schemes to families in Dover matched to the Ministry of Defence properties they are leasing and their Local Authority Housing Fund properties. KCC continue to coordinate the delivery of the resettlement schemes to all other families in Dover.

 

Resettlement support should be provided to support families to move towards independence. Beneficiaries receive intensive support for the first 12-months after their arrival in the UK, through the provision of initial reception arrangements, and access to accommodation, casework support, education (incl. language skills), health care, and social care.  Support at a lower level is extended for Refugees for up to five years after first arrival in the UK for those arriving under the UKRS scheme and up to 3 years for those arriving under the Afghan schemes.All the schemes allow those eligible to bring their immediate family with them and also confer full rights to work, study, rent, claim benefits and other public funds.

 

Requirements around provision of accommodation, support and resettlement outcomes are set out in Home Office Funding Instructions issued annually. 

 

All the above schemes operate on a self-financing basis using ring-fenced funding received from Government which means that they do not rely on direct KCC financial support. Financially, the programme therefore aims to be cost neutral.

 

As a result of the recent General Election, we have a new ministerial team and we may see some change in policy.

 

 

Options (other options considered but discarded)

 

1)    Do Nothing. The current contracts will end on the 31^stJanuary 2025 and alternative provision for the existing refugee families will have to be sought until their time on the schemes comes to an end. If not, there is a risk of particularly vulnerable families who are not yet integrated, independent or self-sufficient falling through the net, becoming an added burden to local services.

 

Resettlement through ‘safe and legal’ routes continues to be a critical tool for refugees who face specific or urgent risks. Given the national expectation that all regions will contribute, it is anticipated that activity to support refugees will be a significant long-term area of work and focus for the Kent County Council and the District/Borough Councils going forward.

 

2)    Recommission using the existing multiple provider commissioning model. The review of our current service delivery highlighted the disadvantages of using multiple commissioned providers to deliver the programme.

 

Each delivery model option was assessed using the same set criteria. The criteria and weighting were developed in relation to the scheme criteria, review of the current delivery model, consultation on our delivery model with key stakeholders, review of other refugee resettlement delivery models and analysis of key risks. This delivery model option scored the least against the assessment criteria and so was discounted.

 

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

 

The proposed decision supports the key priority ‘Infrastructure for communities’ within the ‘Framing Kent’s Future (2022-26)’, under which is states that we will ‘continue to coordinate Government-sponsored refugee resettlement programmes including those for Syrian, Afghan

and Ukrainian nationals and support them to settle into Kent’s communities’.

 

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

 

The proposed decision in compliant with and supports the ‘Securing Kent’s Future - Budget Recovery Strategy’. Financially, the programme aims to be cost neutral.All the schemes operate on a self-financing basis using ring-fenced funding received from Government which means that they do not rely on direct KCC financial support. There is no call on KCC or district main budgets and to date (since the beginning of the scheme in Kent in December 2015) spending on the scheme has not exceeded the available funds. It appears in the KCC Budget as a “net nil” budget.

 

A key requirement of either an in-house or recommissioned service is that it would need to provide value for money, maximising the impact of each pound spent to meet required outcomes for service users.

 

Financial Implications

 

KCC receives grant funding from the Home Office to cover all costs associated with the Refugee Resettlement Programme.The funding for both the UKRS and the two Afghan schemes is essentially the same, except for the fact that the UKRS funding is spread over five years whereas for the ARAP and ACRS schemes it is spread over 3 years. Funding is therefore phased over a 3 to 5 year period as each refugee family arrives in the UK and is settled in Kent.

 

The level of funding for the schemes has remained fairly consistent over the past few years. However, the level of overall funding for the programme is dependent on our ability to secure suitable properties and local authorities’ acceptance of new refugee families. Funding is paid on a per person basis, therefore the amount of funding available to the refugee resettlement programme is based on the number of people that arrive. Funding is only paid on arrival, and so if people do not arrive at the expected rates or properties are not available, the flow of funding is disrupted (or could stop completely).

 

Due to the uncertainty surrounding how many families will be resettled, it is very difficult to predict the future funding of the programme (if funding pauses or stops, the budget will gradually deplete).

 

The value of the grant funding for 2025 - 2026 (based on existing families and expected arrivals) is likely to be in the region of £1.1 – £1.9 million, with the possibility of an increased value of about £0.26 million for every five new families resettled.

 

Under a recommissioned model, payments would be made based on the number of actual families accommodated. This structure of payments will help to mitigate the risk of paying for suspension of arrivals.

 

If the delivery of all elements of the service are moved in-house, increased staffing commitments will bring associated cost risks in relation to redundancy. Staffing levels will need to flex up and down in line with the service requirements.

 

The Home Office grant is subject to claw back if it is not spent in accordance with the grant terms and conditions.

 

Legal Implications  

 

Those arriving on the schemes are granted long-term immigration status upon arrival and have permission to work and entitlement to mainstream statutory services and support. The funding for the schemes is in respect of Local Authority’s cost in fulfilling its statutory duties. Funding provided must not be used for any purpose other than achieving delivery of the schemes outcomes as detailed in the Funding Instructions.

 

The Council owes a number of existing legal duties to arriving adults and children. These duties exist pursuant to a number of pieces of legislation that apply to Children and Adults.

 

If the service is recommissioned, the procurement process will adhere to The Public Contract Regulations (PCR) 2015 and Kent County Councils own Procurement Policy ‘Spending the Council’s Money’.

Legal advice on The Transfer of Undertakings Protection of Employment (TUPE) has been sought.

   

Equalities implications

 

The basis of the scheme (bringing vulnerable refugees to resettle in the UK), settling them in specific locations that, as far as possible, reflect their needs and, further, the way the scheme operates in Kent to assess and meet individual needs (many of which are based on the protected characteristics) means that the equality needs of individual are met in as thorough way as possible. The service delivery model will take account of these needs, experience to date managing the scheme and consultation with refugees and partners.

 

The equalities impact assessment indicates there will be potential impacts but that these are minimal, and sufficiently off-set by mitigation. 

 

The EQIA shall be kept under constant review and updated in relation to the delivery model being implemented.

 

Data Protection implications

 

DPIAs will be completed alongside a successful recommissioning process or on implementation of an in-house model.

 

Proposed decision

 

Approval of School Access Initiative (SAI) Policy and Procedure

 

Background

 

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

 

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

 

What is planned

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

 

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

 

The proposal will support:

 

Priority 1: Levelling Up

 

• To maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.

 

Priority 4: New Models of Care and Support

 

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

 

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

 

The proposal will support:

 

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

 

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

 

 

Proposed decision

 

Approval of the Education Accessibility Strategy 2024-27

 

Background

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

The proposal will support:

 

Priority 1: Levelling Up

• To maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.

 

Priority 4: New Models of Care and Support

 

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

 

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

 

The proposal will support:

 

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

 

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

 

Financial Implications

 

Capital:

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

Revenue:

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

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

 

Proposed decision

 

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

 

 

Reason for the decision

 

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

 

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

 

The decision does not authorise the commitment of KCC resources.

 

Background – Provide brief additional context

 

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

 

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

 

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

 

 

Options (other options considered but discarded)

 

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

 

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

 

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

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

 

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

 

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

 

Proposed decision

 

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

 

Reason for the decision

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

 

Background

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

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

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

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

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

 

Options (other options considered but discarded)

Do nothing – discarded.

 

 

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

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

 

Proposed decision

 

 

That the Cabinet Member for Education and Skills agree to:

 

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

 

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

 

Background

 

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

 

Reason

 

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

 

Options (other options considered but discarded)

 

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

 

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

 

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

 

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

 

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

 

 

Financial Implications

 

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

 

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

 

Legal Implications

 

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

 

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

 

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

 

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

 

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

 

Proposed decision:

 

The Cabinet Member for Education and Skills is asked to:

 

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

 

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

 

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

 

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

 

 

Reason for the decision

 

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

 

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

 

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

           

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

 

 

Background

 

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

 

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

 

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

 

 

Securing Kent’s Future

 

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

 

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

 

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

 

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

 

 

Financial Implications

 

Capital

 

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

 

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

 

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

 

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

 

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

 

Revenue

 

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

 

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

 

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

 

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

 

 

Human

 

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

 

Proposed decision:

 

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

 

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

 

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

 

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

 

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

 

 

Reason for the decision

 

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

 

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

 

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

 

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

 

Background

 

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

 

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

 

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

 

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

 

Securing Kent’s Future – Budget Recovery Strategy

 

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

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

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

 

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

 

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

 

Financial Implications

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

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

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

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

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

 

 

Legal Implications  

 

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

 

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

 

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

 

There are three Provider Selection processes:

 

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

 

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

 

Equalities implications

 

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

DPIA (if relevant)

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

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

 

Proposed decision:

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

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

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

•              Lot 3 – Supervisor

•              Lot 4 – Technical Advisor

•              Lot 5 – Construction Design and Management Advisor

 

Reason for the decision

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

 

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

 

Options

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

•              Insource of consultancy provision.

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

•              Establishing a new Construction Consultancy Framework.

 

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

 

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

 

How the proposed decision supports the Interim Strategic Plan

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

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

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

•              Supporting the KCC Corporate Estate maintenance programme.

•              Supporting the KCC Education Estate maintenance programme.

Proposed decision –

 

Contracts to be awarded to successful providers for the provision of Community Support Services (Care and Support in the Home) for Disabled Children and Young People following a recent procurement exercise linked to the Adults Care and Support in the Home contract.

 

Delegate decisions on the implementation to the Corporate Director of Children, Young People and Education, or other Officer, in consultation with the Corporate Director of Adult Social Care and Health as appropriate.

 

Further information –

 

Decision 20/00102 - Community Support Services for Disabled Children & Young People was taken on 19 March 2020 and allowed officers to follow a competitive procurement process for children’s community support services within the Adults ‘Care and Support in the Home’ contract. 

 

Following the competitive procurement process a further decision is required to award the contracts to the successful providers. 

Approval to the Director of Infrastructure to progress with and enter into the necessary documentation to complete the disposal of the aforementioned property in consultation with the Cabinet Member for Corporate and Democratic Services. The Decision will seek legal agreements to be actioned to complete the sale of the relevant properties.