Cabinet Member decisions

Proposed decision:

 

Procurement of Interpreting and Communication Services for People who are D/deaf and Deafblind and delegation of authority to the Corporate Director Adult Social Care and Health to take relevant actions to facilitate the required procurement activity.

 

Reason for the decision:

 

Kent County Council’s (KCC) statutory responsibilities under The Care Act 2014, Equality Act 2010 and the Accessible Information Standard 2016 are partly met through an Interpreting and Communication service for People who are D/deaf or Deafblind. The framework contract provides a list of pre-vetted and approved communication professionals that interpreting and translation services can be purchased from as and when required. The framework commenced in June 2019 and will expire in June 2023. New contractual arrangements for purchasing these communication services need to be in place by 17 June 2023.

 

How the proposed decision meets the objectives of “Framing Kent’s Future”:

 

This decision supports the delivery of the corporate equality objective to ensure ‘council information and services are accessible for everyone’ identified in Framing Kent’s Future – Our Council Strategy 2022-2026, and of the Adult Social Care strategy, Making a difference every day, by offering a person-centred approach to accessing communication support to people who need it.

 

 

Options considered and discounted:

 

Option 1 - Do nothing

This would pose risks to the council in terms of control over costs, service quality and inconsistent service provision

 

Option 2 - Commission managed interpreting services from a single provider

This option has been discounted due to the lost opportunity to develop relationships with and support local interpreters, and the potential to lose control over quality and interpreter availability.

 

Option 3 - Commissioning D/deaf interpreting services from an external provider via an existing Framework

National frameworks do not guarantee the provision of qualified interpreters, and research suggests this type of framework directly leads to a poor service to users which in turn increases the demand on social services e.g., poor interpreting can lead to people not understanding the issue and the person may require additional support from health and social care providers

 

As Cabinet Member for Adult Social Care and Public Health, I agree to:

a) APPROVE the procurement of Interpreting and Communication Services for People who are D/deaf and Deafblind

b) DELEGATE authority to the Corporate Director Adult Social Care and Health to take relevant actions to facilitate the required procurement activity.

Proposed decision:

 

Award contracts for the Community Mental Health and Wellbeing Service for a period of three years from 1 April 2023 with a two-year (24 months) extension option, to the successful bidders identified as part of the procurement process.

 

Delegate authority to the Corporate Director Adult Social Care and Health, after consultation with the Cabinet Member for Adult Social Care and Public Health and the Corporate Director for Finance, to agree the relevant contract extensions as required.

 

Delegate authority to the Corporate Director Adult Social Care and Health to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

 

Background:

 

The current Community Mental Health and Wellbeing Service Contract expires automatically on 31 March 2023. Following a successful procurement process there will be preferred providers to award a new Community Mental Health and Wellbeing Service Contract to, starting from 1 April 2023. The new contract will be for a maximum of three years with a two-year extension option.

 

The Contract is jointly commissioned by Kent County Council Adult Social Care and Public Health, Kent and Medway Integrated Care Board (K&M ICB – Formerly known as Kent & Medway Clinical Commissioning Group) and Medway Council. Medway Council will only be contributing funding for the following service element; The 24-7 Telephone and Online Support Service (Release the Pressure helpline).

 

The Community Mental Health and Wellbeing Service plays a vital role in ensuring the effective and timely provision of preventative and recovery mental health and wellbeing services and can help meet key priorities:

 

·   Promote independence, social inclusion and improved quality of life

·   Prevent/reduce admissions to emergency and urgent care

·   Reduce the number of people entering secondary mental health care

·   Reduce suicides

·   Reduce levels of homelessness

·   Improve economic wellbeing and reduce unemployment rates

·   Respond to the high activity and complexity needs of clients living in the community and avoid need for care home admissions

·   Provide more holistic solutions and reduce care packages

·   Improve mental health and wellbeing

·   Play a key role in the delivery of early intervention and prevention strategies.

 

 

Financial Implications:

 

The Contract length will be three years with a two-year extension option. The table below outlines the costs to Adult Social Care and Public Health for the initial 3 years and extension option.

 

Table 1: Contract costs to Adult Social Care and Public Health (Initial 3 years and extension options)

	Public Health	Adult Social Care
Initial 3-Year Contract Term	£6,757,945.50	£9,232,609.50
2 Year Optional Extension Period	£4,505,297.00	£6,155,073.00
Total (Initial 3-Year Contract Term + 2 Year Optional Extension Period)	£11,263,242.50	£15,387,682.50

 

The above contract values can be funded within the approved budget.

 

Table 2: Contract costs for Kent and Medway Integrated Care Board (formerly Kent & Medway Clinical Commissioning Group)

 

 

The service will include an annual inflationary uplift.

 

There is an objective to move towards equal funding levels from KCC and K&M ICB. To achieve this, it was recommended K&M ICB commit to funding the additional inflationary annual uplift (estimated to a minimum of 2%). K&M ICB has formally approved this recommendation.

 

Medway Council’s contribution towards the 24-7 Telephone and Online Support Service (Release the Pressure helpline) will be £22,850 annually.

 

 

As Cabinet Member for Adult Social Care and Public Health, I agree to:

a) AWARD contracts, to the successful providers identified in the exempt appendix, for the provision of Community Mental Health and Wellbeing Services (known as Live Well Kent and Medway) for a period of three years from 1 April 2023 to 30 March 2026, with the option to extend for a further two years (24 months);

b) DELEGATE authority to the Corporate Director Adult Social Care and Health, after consultation with the Cabinet Member for Adult Social Care and Public Health and the Corporate Director for Finance, to agree the relevant contract extensions as required; and

c) DELEGATE authority to the Corporate Director Adult Social Care and Health to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

Reason for the Decision:

 

The current Integrated Community Equipment Service contract is due to expire on 30 November 2022 and new arrangements need to be in place by 1 December 2022.

 

There is opportunity to design a service that meets the needs of local populations, promotes choice and retains equity of service provision.

 

The new service will be integrated with health and social care and based on the Making a Difference Everyday (MADE) approach. It will align to the new Strategic Direction principles including Self-Directed Support.

 

A contract extension of the current service for 16 months will provide the time needed to undertake the service re-design.

 

Consideration was also given to service re-procurement with small efficiency changes, and this would have enabled re-procurement within the time limit of the current contract, however rising demand and costs of logistics and raw materials are driving up service costs and it was agreed that a service re-design was needed to ensure future sustainability.

 

The new service model will align to the priorities of ‘‘Framing Kent’s Future – Our Council Strategy 2022 – 2026’ and will: -

 

·         Narrow the gaps in outcomes between different parts of Kent with a particular focus on providing the right type of equipment to improve life in deprived communities.

·         Harness digital connectivity to ensure people are aware of all their options and have access to all the equipment and services they need and want.

·         Contribute to the Net Zero targets, by exploring options to reduce the carbon footprint of the service.

·         Manage future demand and resource challenges facing the service to ensure it continues to support people to lead the lives they want to live in the future.

 

Financial Implications:

 

The annual budget for this service has steadily increased since the contract inception with annual growth from c£9m to £15m net to the indicated levels in the below table:

 

 

 

2021/ 2022
Annual Budget	KCC Adults	KCC Other	Joint	Health only
15,451,934	2,511,379	519,213	3,036,510	9,384,831

 

KCC receive funding from the NHS Kent and Medway Integrated Care Board (formerly the Kent and Medway Clinical Commissioning Group) for 2 posts linked to the management of this contract. They have also agreed to contribute £50,000 to the re-procurement costs.

 

The combined health and social care cost of extending the current service for 16 months until 31 March 2024 would be circa £20,602,578 million based on current spend 2021/22. KCC’s proportion of this is likely to be in the region of £6,062,462 based on current spend 2021/22.

 

Commissioners are working with the current provider on early cost efficiency schemes to address the risk of rising costs during the contract extension period.

 

As Cabinet Member for Adult Social Care and Public Health, I agree to:

a) EXTEND the current Integrated Community Equipment Service Contract for 16 months from 1 December 2022 to 31 March 2024;

b) PROCURE a new long term sustainable service model; and

c) DELEGATE authority to the Corporate Director Adult Social Care and Health to take relevant actions, to finalise the terms of the required contract extension and to facilitate procurement activity, as necessary to implement the decision.

Proposed decision:

 

Following consultation on the refresh of the adopted Kent Minerals and Waste Local Plan 2013-2030 to agree to:

 

(i)      Approve and publish for public consultation (Regulation 18) a draft updated Kent Minerals and Waste Local Plan covering the period 2023-2038;

 

(ii)     prepare an update of the Mineral Sites Plan for Kent in respect of hard rock;

 

(iii)   undertake a ‘Call for Sites’ to support the Minerals Sites Plan work;

 

(iv)   a revised Local Development Scheme (timetable) for the Local Plan work reflecting the above;

 

(v)    the draft Site Selection Methodology to be used in assessing the suitability of sites as part of the Mineral Sites Plan work; and

 

(vi)   delegate to the Corporate Director of Growth, Environment and Transport  the authority to approve any non-material changes to the draft Kent Minerals and Waste Local Plan 2023- 2038 and the Site Selection Methodology in consultation with the Cabinet Member for Environment prior to their publication for consultation.

 

 

Reason for decision:

 

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 2021 (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 changes made to a limited number of policies in 2020 resulting from an ‘Early Partial Review’.  This along with the Kent Mineral Sites Plan 2020 currently represents the planning policy framework for minerals and waste development in Kent. The KMWLP contains a number of policies relating to strategic planning for minerals supply and waste management capacity, as well as development management policies against which planning applications for these types of development should be assessed. The KMWLP also includes a number of policies related to the safeguarding of mineral resources and waste management facilities.

 

The Regulations require local planning authorities to review their local plans every five years. This is 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 KMWLP review commenced in 2021 and involved an assessment of the 2016 policies that were not revised as a result of the 2020 Early Partial Review work. As a result of the review work, revisions were proposed to the adopted KMWLP including changes to its Vision, Strategic Objectives and policies to principally 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 and those concerned with climate change and protection and enhancement of the natural environment. Revised draft policy and supporting text were prepared. These changes were subject to public consultation from December 2021 to February 2022.

 

Comments received as a result of public consultation addressed a wide range of planning considerations including the need to extend the Plan period to cover a 15 year period to meet NPPF requirements. This would move the end date of the Plan period from 2030 to 2038. The key consequence of changing the plan period relates to the amount of land won aggregate that needs to be planned for. Assessment of recent data on aggregate sales and permitted reserves indicates that additional reserves will be needed to ensure the required steady and adequate supply of aggregate (hard rock)  is maintained over the plan period. As the Mineral Sites Plan, adopted in 2020, includes site allocations that allow for provision up until 2030, additional allocation(s) need to be identified for inclusion in a revised Mineral Sites Plan that will meet the requirements of the extended plan period. It is therefore proposed to prepare an update of the Mineral Sites Plan for Kent in respect of hard rock alongside the update to the Kent Minerals and Waste Local Plan.

 

The first task in updating the Mineral Sites Plan is a “Call for Sites” process in which operators and land-owners are invited to submit sites for consideration. These sites are then assessed for their suitability for potential allocation for mineral extraction using a Site Selection Methodology. A similar methodology was employed during the preparation of the adopted Mineral Sites Plan and has been updated to reflect current legislation and planning policy.

 

Further changes to the KMWLP are proposed in light of the comments received and it is now proposed to publish the revised KMWLP for a further period of public consultation in accordance with Regulation 18 of the Regulations before a final draft is prepared. Ultimately, prior to their adoption, Local Plans must be found both legally compliant and sound by an independent planning inspector. To be sound Local Plans must meet the tests of being positively prepared, justified, effective and consistent with national policy.

 

The Regulations require local plan making work to be undertaken in accordance with a published timetable or ‘Development Scheme’. The timetable for the KMWLP is set out in the Council’s Minerals and Waste Development Scheme (MWDS).  The most recent MWDS was considered by the Environment and Transport Cabinet Committee (ETCC) and agreed by the Cabinet Member in January 2021.  It anticipates publication of a final draft revised KMWLP for representations on its legality and soundness (in accordance with Regulation 19 of the Regulations) in September 2022.  In light of the above, an updated MWDS is needed that reflects the need for a further Regulation 18 consultation and the process of updating the Mineral Sites Plan.

 

As well as the updated KMWLP and MWDS, the following is to be reported to the Environment and Transport Cabinet Committee for its consideration:

• Summary of comments received during the public consultation on the refreshed KMWLP and the Council’s proposed response; and,
• A draft Site Selection Methodology for use in identifying suitable sites for allocation in the revised Mineral Sites Plan.

 

 

This Executive Decision addresses: The approval for public consultation (Regulation 18) of an updated KMWLP covering the period 2023-38; the preparation of an updated Kent Mineral Sites Plan allocating a new hard rock site(s); approval to undertake a ‘Call for Sites’ to support the Minerals Sites Plan work; to agree the Site Selection Methodology for the assessment of promoted mineral sites; and to agree an updated MWDS.

 

 

How the proposed decision supports Framing Kent’s Future :

 

The KMWLP delivers the Council’s adopted mineral and waste planning strategy and policies and is essential to the effective determination of planning applications for minerals and waste development in Kent. The KMWLP follows national planning policy and guidance but importantly provides a local perspective.  It supports the County Council’s strategic strategy, Framing Kent’s Future 2022-2026, which sets the Council’s priorities for the next 4 years.  In particular, the mineral and waste Vision, Strategic Objectives and planning policies help 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 recognises 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 revised KMWLP 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 policies support the protection and creation of a high-quality environment, with accessible local services that reflect the community’s needs.

 

 

As Cabinet Member for Environment, I agree to:

 

(i)            Approve and publish for public consultation a draft updated Kent Minerals and Waste Local Plan covering the period 2023 – 2038 and associated supporting evidence, for a minimum six-week period of public consultation in line with Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012;

 

(ii)          prepare an update of the Mineral Sites Plan for Kent in respect of (hard) rock;

 

(iii)         undertake a ‘Call for Sites’ to support the Minerals Sites Plan work;

 

(iv)         agree timetables for preparation of the Kent Minerals and Waste Local Plan 2023-38 and updated Kent Minerals Sites Plan to be published in a revised Minerals and Waste Local Development Scheme;

 

(v)          agree the draft Site Selection Methodology to be used in assessing the suitability of sites for publication for consultation; and

 

(vi)         delegate to the Corporate Director of Growth, Environment and Transport  the authority to approve any non-material changes to the draft Kent Minerals and Waste Local Plan 2023-2038 and the Site Selection Methodology in consultation with the Cabinet Member for Environment prior to their publication for consultation.

Proposed decision:

 

The Cabinet Member for Highways and Transport to:

 

(a)     grant permission to procure contracts required to implement the electrification of Fastrack Bus Services in Kent, including the roll-out of environmentally friendly infrastructure across the Fastrack bus networks; and

 

(b)     grant permission for contract award decisions (including the award of any future contract extension(s)) relating to these contracts to be taken by the Corporate Director of Growth, Environment & Transport under the Officer Scheme of Delegations following prior consultation with the Cabinet Member:

 

1.    Electric Fastrack Bus Services to operate the future electric Fastrack bus networks:

 

(a)  Fastrack Kent Thameside network effective from 2024.      

(b)  Dover Fastrack network (pending completion of infrastructure works already in progress).

 

2.    Electric Bus Charging Solutions to power the new zero emission electric bus fleet(s) including:

 

(a)  Electric Vehicle Charging Systems (including design, supply, installation, repair, and maintenance services)

(b)  Electricity Supply.

 

3.    Environmentally focused Bus Shelter Services for the repair and maintenance of bus shelters including the phased replacement of existing bus shelters with pollinator-friendly living roof bus shelters.

 

4.    Real Time Information (RTI) Display Services providing real time passenger information and media advertising at bus shelters.

 

None of the above require contribution from KCC and would be entirely funded by the service farebox, grants and third-party contributions such as housing developers.

 

Reason for decision:

 

Gross expenditure or Savings of more than £1m.

 

Background:

 

Fastrack is Kent County Council’s Bus Rapid Transit (BRT). The service provides fast, reliable, and affordable transport across Kent Thameside. The service model will be emulated in Dover from 2023. The success of Fastrack is premised on faster point to point journey times through enhanced bus priority measures. There is a direct correlation between journey time and uptake. Fastrack is believed to be the first high frequency bus service in the UK to return to (and surpass) to pre-Covid usage levels.

 

Launched in 2006, Kent Thameside comprises of several new and existing housing developments and business units around Dartford, Ebbsfleet and Gravesend. The Fastrack network in Kent Thameside connects communities to Bluewater shopping centre, a hospital, local town centres and national and international rail stations. Fastrack runs at least every 12 minutes at peak times and is Kent’s only 24/7 bus service. Fastrack was implemented by KCC as a tool to enable local ‘Growth Without Gridlock.’

 

Contractually, Fastrack is unique. Outside of London, financially viable services are normally operated directly by commercial operators without direct subsidy from local authorities. Whilst Fastrack is commercially viable, due to its strategic importance to the Kent road network, and heavy reliance on enhanced highway infrastructure, it is controlled and contracted by KCC. Fastrack generates an income to KCC and these monies are directly reinvested in maintaining and enhancing the network infrastructure.

 

Next year, a new Fastrack network will launch in Dover and the service will connect the town centre, with its High Speed 1 rail link, the Port of Dover (via interchange), and new housing developments around the suburb of Whitfield. The network will connect local communities with their amenities, places of work and commuter rail, but also key tourist markets with the historic Dover Castle and White Cliffs attractions and international travellers heading to France.

 

In 2021, Kent County Council submitted a successful bid to Department for Transport (DfT) funding towards electrifying our Fastrack networks. Comprising of 33 buses and the supporting infrastructure, ZEBRA (Zero Emission Bus Regional Areas) cover 75% of the cost difference between an electric bus and the equivalent diesel bus. The fund also covers 75% of the capital infrastructure costs.

 

As part of the next generation of Electric Fastrack and zero emission operation, KCC’s ambition is to also procure a preferred supplier for future bus shelters. Seeking a ‘living roof design and next generation Real Time Passenger Information (RTPI).

 

 

Options (other options considered but discarded):

 

1.    Continued use of diesel buses with existing operator for Kent Thameside Fastrack. Considered operationally more expensive and contradicts KCC strategic plan. This would be anti-competitive and not test best value.

 

2.    Excluding Dover Fastrack from DfT ZEBRA. Without ZEBRA this new service would move forward with diesel buses and not meet the ambitions for Fastrack to become a net zero operation.

 

3.    Let the bus operators resolve the charging infrastructure. Due to the implementation costs and timescales involved. As contracted services, it is vital that the transference of charging equipment is possible in the future. The infrastructure also represents future revenue opportunities for KCC.

 

4.    Retain the existing bus shelter. The shelters are the ‘shop window’ of Fastrack and must be a continuation of the premium brand. The existing infrastructure is reaching the end of its useful life and furthermore, a preferred supplier needs to be identified for new shelters as the network expands, particularly in new developments where KCC commonly receives the funding directly to implement new shelters.

 

How the proposed decision meets the challenges in Framing Kent’s Future:

 

The decision supports:

 

Infrastructure for Communities – ensuring people have access to safe and efficient travel options

 

Environment Step Change – developing approaches to public transport and electric vehicle infrastructure for more sustainable and low carbon travel modes.

 

·         Financial – The proposed service structure is forecast to create a greater income for KCC.

 

·         Economic – The electrication of Fastrack and replacement of bus shelters will attract new green infrastructure investment to Kent, along with it, new skills, and jobs.

 

·         Demand – The contractual structures will be nimble and able to move with service demand in either direction.

 

·         Partnership – The longevity of the contracts will create new long-term partnerships and encourage investment in Kent.

 

·         Environmental – tackling the climate emergency and protecting the natural environment continues to be an urgent priority for Kent, as well as investing in the built environment and creating communities to be proud of. Fastrack is already a community asset and these contracts will create a new generation of a ‘zero emission’ Fastrack.

 

Financial Implications:

 

Fastrack is self-funding and is requesting no additional funding from KCC but to underwrite certain elements of risk.

 

1.     Electric Fastrack Bus Services:

(a)  Kent Thameside – For the Kent Thameside service, the operator is proposed to be paid a (performance measured) fixed annual fee with the fare and advertising revenue returning to KCC. This is forecast to yield KCC a healthy return. However, there is a risk to KCC that costs could outstrip revenue throughout the duration of the contract leaving KCC liable for the difference. Careful monitoring and contractual clauses are planned to enable the service to continuously be ‘right-sized’ to mitigate this risk. It should be noted that KCC will be required to regularly review and adjust fares to sustain affordability. Once the proposed tender concludes, KCC would review price submissions against the latest forecast revenue before making an award. The contract will be multi-million-pound contract annually.

 

2.    Dover – None. Fastrack Dover is anticipated to be a ‘zero value’ contract, yielding KCC and departure fee income from the operator. Electric Bus Charging Solutions: The cost of the infrastructure is forecast to be entirely within grant monies and service funding already secured. The cost of the energy and ongoing maintenance is factored within the service costs and anticipated revenues.

 

3.    Bus Shelter Services: New shelters and maintenance would be funded entirely from the service budget, grants, and development contributions as is the current arrangement.

 

4.    Real Time Information (RTI) Display Services: New RTI displays and maintenance would be funded entirely from the service budget, grants, and development contributions as is the current arrangement.

 

As Cabinet Member for Highways & Transport I agree to:

 

(a) grant permission to procure contracts required to implement the electrification of Fastrack Bus Services in Kent, including the roll-out of environmentally friendly infrastructure across the Fastrack bus networks; and

 

(b) grant permission for contract award decisions (including the award of any future contract extension(s)) relating to these contracts to be taken by the Corporate Director of Growth, Environment & Transport under the Officer Scheme of Delegations following prior consultation with the Cabinet Member insofar as:

 

1.         Electric Fastrack Bus Services to operate the future electric Fastrack bus networks:

a. Fastrack Kent Thameside network effective from 2024.     

b. Dover Fastrack network (pending completion of infrastructure works).

 

2.         Electric Bus Charging Solutions to power the new zero emission electric bus fleet(s) including:

a. Electric Vehicle Charging Systems.

b. Electricity Supply.

 

3.         Environmentally focused Bus Shelter Services for the repair and maintenance of bus shelters including the phased replacement of existing bus shelters with pollinator-friendly living roof bus shelters. 

 

4.         Real Time Information (RTI) Display Services providing real time passenger information and media advertising at bus shelters.

Proposed decision:

 

Approval to enter into appropriate contractual arrangements for the provision of the Moving Traffic Enforcement contract, including any possible future extensions.

 

Reason for the decision:

 

KCC has been designated the powers to enforce moving traffic contraventions such as driving through a ‘no entry’ sign, or on routes meant for buses only,under civil law, as a last resort when all reasonable engineering steps have been taken to design out driver non-compliance.  Market engagement has shown that an end-to-end package would fully deliver the required service with minimal risk to KCC.  Procurement of the service is now required, and the Cabinet Member is being asked to delegate authority to the Corporate Director of Growth, Environment and Transport to award the contract.

 

Background:

 

Part 6 of the Traffic Management Act 2004 allows the highway network to be more effectively managed by the Highway Authority, allowing the civil enforcement of a variety of moving traffic contraventions in line with national standards.  For many years these moving traffic contraventions have been enforced by the police under criminal law, as Part 6 had not been through the required parliamentary process.  In September 2020, the Department for Transport (DfT) announced that they would be fully enacting the remaining elements of the Traffic Management Act.  KCC applied to the Secretary of State for these powers earlier this year, and on 15th July 2022 KCC was granted the Designation Order.  Enforcement would be undertaken using CCTV cameras to only capture footage of non-compliant vehicles and their registration plate, resulting in a Penalty Charge Notice (PCN) being issued by post to the vehicle owner.  This will be £70 unless paid within 21 days, where it would be £35

 

It is important to note that as Part 6 of the Traffic Management Act 2004 gives KCC brand new powers which have not been available to any Local Authority (outside of London) before, benchmarking and comparisons to other similar contracts, processes or predicted effectiveness has proven unproductive.

 

Options:

 

There are no existing contracts in place that give KCC access to the necessary DfT certified hardware and processing infrastructure for Moving Traffic Enforcement and any resultant Penalty Charge Notices (PCNs).  Three scenarios have been considered as part of the assessment process:

 

1.    Do nothing

If KCC do not undertake the procurement exercise to enter a contractual arrangement with a CCTV supplier and enforcement partner, it will not be fulfilling the statutory obligations of the 2004 Traffic Management Act to better manage vehicles on its road network.

 

Through the designation order, moving Traffic Enforcement has formally become the responsibility of the designated local highway authority (KCC).  Kent Police are therefore no longer solely obliged to deliver enforcement of moving traffic offences.

           

Doing nothing would vastly reduce the tools available to KCC to improve safety, tackle congestion, improve public transport etc.

 

2.    Do minimum

This scenario would mean KCC undertaking a procurement exercise to enter into a contractual arrangement with a CCTV supplier and enforcement partner for only the 7 sites submitted in the DfT application process, and not expanding the number of sites enforced beyond that.

 

It is felt that this option does not conform with the DfT’s rationale for the implementation of Part 6 of the TMA.  It would not meet KCC’s strategic aims to drive improvements across the whole of the Kent road network.  KCC would not be making good use of all available tools to manage the network effectively.  The impact of this would be an ongoing back office system which may not be financially sustainable.

 

3.    Do something

This scenario would mean KCC procuring a supplier that can assist in the delivery of approximately 50 sites being enforced by the end of the 5-year contract. 

 

Seven sites have already been assessed (as a requirement of the DfT application to take on these powers), and a further 54 sites have been put forward by KCC teams, Members, Borough Council officers and members of the public to date. This list is constantly growing, which shows the level of need and enthusiasm for these powers to be fully utilised by KCC in order to better manage the road network.

 

This is the preferred option, as it would enable KCC to tackle the well-established issues of inconsiderate HGV routing, traffic control around the channel ports, and more effective working with National Highways on the local and strategic road network.

 

Widespread enforcement of moving traffic offences would see success at many sites, collectively resulting in an improved road network.

 

 

Market Engagement:

 

A thorough market engagement exercise has confirmed the feasibility of two approaches to the infrastructure’s procurement:

1.            An end-to-end solution from a single provider (Camera supplier, PCN system issuer & debt recovery); or

 

2.            Segmenting the system components into three separate delivery packages/contracts.  Owing to the risk related to system failures and component linkage issues, the former has been chosen as the most durable option for the required contract.

 

During market engagement it became evident that an end-to-end service contract reduces the risks to KCC, allows greater visibility of the ‘customer’s journey’ through the PCN system and makes financial accounting cleaner; a requirement from DfT.  This is therefore the preferred method of delivery.

 

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

 

The scheme supports policy objectives of Infrastructure for Communities by ensuring people have access to safe and efficient travel options, and Environmental Step Change through turning the curve on transport emissions and supporting public transport provision.

 

Financial Implications:

 

The anticipated value for this contract over a 5-year initial term is £4m. 

 

This contract gives H&T access to the certified civil enforcement infrastructure. It shall only be utilised to deploy enforcement as a last resort at locations where action is needed, where all engineering mitigation has been exhausted which is transparent, accountable, proportionate, and consistent.

 

KCCs Application for the Designation Order required a selection of enforcement sites to be proposed.  An initial outlay is required to cover the purchase of these cameras and enforcement system for the 1st tranche sites, and £200k has been secured for this from the Kent Lane Rental scheme. 

 

The funding for further locations will be determined on a site-by-site basis by the scheme promoters. Upfront costs such as consultation, design, staffing is to be found from the schemes promoters budgets.

 

Operational costs for providing an enforcement service can be ‘claimed back’ by the revenue generated by future PCNs (up to 4 years after costs have been incurred) This is also to include the issuing of Warning to Driver Notices for a driver’s first offence during the first six months of enforcement at a new site.

 

While KCC understand that London and Cardiff operate their Moving Traffic Enforcement Service with nil cost to the Authority (with some surplus). In the unlikely event that Kent cannot operate a financially efficient enforcement service, provisions will be made contractually to terminate our obligations with Suppliers in an effort to minimise our financial risk to the County Council. 

 

The proposed option is very low risk and ensures minimal liability to KCC.

Any future enforcement roll out is proposed to run at no cost to KCC: the DfT have dictated that the revenue generated by the issuing of PCNs should cover the operational costs of the business in the first instance. 

 

Any revenue is required to be deposited into a dedicated account; its balance is to be made visible to the DfT on an annual basis. The funds will be ringfenced for highway improvement projects and can only be spent on activities that are within the scope of the legislation.  One reasonable example of trying to improve compliance of a traffic restriction may be to refresh or update the signing and lining at the location in question, and surplus revenue could be spent on such a project.

 

Financial Risk:

 

The enforcement of moving traffic offences is a new task for Local Authorities in England, which makes predicting the likely number of PCNs (and therefore income) per site very difficult.  However, Cardiff Council has had the ability to enforce for 8 years now and having started with 15 CCTV units they now have 120, generating circa £2.4m per annum. Discussions have highlighted there is likely to be a great deal of variation in yield for different types of enforcement; for example, in Cardiff a yellow box junction yielded circa 9,000 PCNs in year 1 whilst a no-entry camera yielded just 377 in the same year.  The need for a site to be enforced cannot be dependent on potential yield.  The tranche 1 sites and all subsequent sites will go through a rigorous assessment process prior to CCTV units being installed.  However, financial gain cannot be a consideration of site selection. 

 

In the highly unlikely event that the revenue generated by PCNs does not cover the outgoings beyond year 2 owing to either numerous sites with low PCN numbers, or the success of enforcement resulting in limited contraventions at monitored sites, the contract will include an exit strategy enabling termination of the contract by either party with 6 months’ notice.

 

Legal Implications:

 

As the legislative powers are being transferred from criminal law to civil law, KCC has sought legal counsel.  Discussions are ongoing.

            

Equalities implications:

 

An EqIA has been undertaken and has highlighted some negative impacts, resulting in subsequent mitigation action being taken around IT during the public engagement exercise by providing information in a wide range of formats, and with an option to request text in other languages.  Issues around paying online and suitable alternatives will be addressed with the Supplier.  Positive impacts have also been noted, such as more reliable journey times for vulnerable groups – particularly by public transport.

 

Data Protection implications: 

 

Ongoing detailed dialogue is in progress regarding the safeguarding of personal data under the GDPR tailored by the Data Protection Act 2018. CCTV technology is used to gather the required evidence to issue a Penalty Charge Notice to a Driver: this process is strictly regulated and specified by the DfT.

 

The specific CCTV image capturing technology permitted for this enforcement is also a strictly regulated market by the Driver and Vehicle Standards Agency (DVSA).  While the CCTV is always on, it does not record general daily activities at each site.  A recording is only started (for the purposes of PCN evidence packs,) when the technology detects a vehicle performing a preprogramed illegal manoeuvre.

As Cabinet Member for Highways and Transport, I agree to provide the Corporate Director of Growth, Environment and Transport with the delegated authority to enter into appropriate contractual arrangements for the provision of the Traffic Management Act 2004 Part 6 - Moving Traffic Enforcement contract, including any possible future extensions.

Proposed decision:

 

(a)  Authorise funding of up to £2,900,000 from the Children’s Young People and Education Capital Budget to enable Chilmington Green Secondary school to open off-site from September 2023.

 

(b)  Delegate authority to the Director of Property and Infrastructure to take necessary actions, including but not limited to entering into necessary contracts or taking other legal actions as required, to implement the decision.

 

Background:

 

The Commissioning Plan for Education in Kent has long identified the strategic solution to the secondary school needs of Ashford to be the provision of a new secondary school at Chilmington Green. This development, consent for 5,750 new homes, provides a site for a new secondary school and, over time, £22.5m of contributions. 

 

The Department for Education (DfE) has, in principle, included the new school in its “wave programme” and has appointed United Learning Trust (ULT) to be the school sponsor.  The DfE has secured planning permission for the school (June 2022).

 

KCC’s aspiration had been to have the new school opened in September 2021. Due to delays in getting the site transferred to KCC with all the infrastructure in place, it is unlikely that the school will be open on the permanent site until Easter 2024 at the earliest, but this could be delayed further with up to two years of off-site provision being required.

 

Currently there are two off site options available:

 

The Former Ashford South Primary School, Jemmett Road, Ashford

 

Or

 

The Former Linden Grove Primary School, Stanhope Road, Ashford

 

The high level costs for refurbishing the school sites and insuring that there is sufficient provision for up to two years is as follows:

 

Ashford South: £2,525,557  (Year 1: £1,201,884, Year 2: £1,323,673.59)

 

Linden Grove: £2,909,668 (Year 1: £2,384,655, Year 2: £525,013 )

 

 

Subject to final approval by the Secretary of State for Education, the DfE is willing to approve the opening of the school from September 2023 and to progress the build of Chilmington Green Secondary School, if KCC provides and funds any temporary accommodation needed by the school prior to its new, permanent buildings being occupied.

 

There is an urgent need to provide secondary school places in Ashford Town non-selective schools in September 2023 and September 2024.  Existing schools have all been admitting further pupils and cannot continue to do so without significant additional investment, and there are no guarantees suitable solutions can be delivered. 

As Cabinet Member for Education and Skills, I agree to:

 

I. Authorise funding of up to £2,900,000 from the Education Revenue Budget to enable Chilmington Green Secondary school to open off-site in September 2023.

 

II. Delegate authority to the Director of Infrastructure to take necessary actions, including but not limited to entering into necessary contracts or taking other legal actions as required, to implement the decision.

Proposed decision:

 

     I.    Authorise the allocation of £1,225,000 from the Children’s, Young People and Education Basic Need Capital budget to complete the permanent expansion of the satellite of Whitfield Aspen Primary School (Dover), thus increasing the agreed allocation from £8,265,000 to £9,490,000.

 

    II.    Authorise the Director of Infrastructure in consultation with the Director of Education and General Counsel to enter into any necessary contracts / agreements on behalf of the County Council.

 

 

Reason for the decision:

 

In May 2016, funding of £7,900,000 was agreed to support the expansion of Whitfield Aspen Primary School (Dover) on to a satellite site (Decision Number 16/00032). 

 

The intention was to open the satellite for the September 2019 academic year.  However, due to a number of reasons the satellite site was not occupied until September 2021.

 

The contract sum has been extended as a result of commercial decisions by KCC arising from:

 

• A lengthy delay between tender and entering contract resulting from legal delay in transferring the s106 land, and not the fault of the contractor
• Contributions by KCC to resolve unforeseen abnormals.
• Changes to the project scope agreed in 2017, deemed necessary to deliver services to the current pupil group.
• Additional safeguarding and security measures required by the time the School was occupied, which was more costly than had been anticipated at the design-freeze stage in 2017/2018.

 

Additionally,  the sports field was not included in the handover as a revised design was required which required the contractor to complete a section 73 planning application amendment.  Due to the level of work required to ensure that the sports field is fit for purpose, specialist sports field contractors have been engaged to tender for the works at a cost of £450,000. An additional £275,000 of capital funding was agreed via a non-key decision in August 2022 (decision number 22/00077) to enable to works on the sports field to be completed. 

 

 

Background

The expansion of Whitfield Aspen Primary School from 2FE to 3FE on a Satellite site was agreed by the Cabinet Member in 2016.  The expansion of the School being to support primary school places required within the Whitfield Urban Expansion (WUE).  This is a plan to add up to 5,750 new homes in Dover.  The WUE masterplan included provision for three new 2FE primary schools of which the Whitfield Aspen Primary School satellite would be one.

 

 

As Cabinet Member for Education and Skills, I agree to:

 

I.   Authorise the allocation of £1,225,000 from the Children’s, Young People and Education Basic Need Capital budget to complete the permanent expansion of the satellite of Whitfield Aspen Primary School (Dover), thus increasing the agreed allocation to £9,490,000.

 

ii.   Authorise the Director of Property and Infrastructure in consultation with the Director of Education and General Counsel to enter into any necessary contracts / agreements on behalf of the County Council.

Proposed decision:

 

a)    DIRECTLY AWARD a new contract, under the same terms and conditions to Clearsprings Ready Homes from 1 April 2023 to 30 September 2023 (potentially one year to cover 18+ placements from 1 October 2023 for smoother mobilisation) for Shared Accommodation services.

 

b)    DIRECTLY AWARD a new contract under the same terms and conditions to Look Ahead Care and Support, Sanctuary Supported Living and YMCA Thames Gateway from 1 April 2023 to 30 September 2023 (potentially one year to cover 18+ placements from 1 October 2023 for smoother transition) for the Young Person’s Supported Accommodation and Floating Support (YPSAFS) services.

 

c)    AGREE to procure new Supported Accommodation Services effective 1 October 2023 for a minimum of four years with potential further extensions of up to four years.

 

Background:

 

The Young Person’s Supported Accommodation and Floating Support (YPSAFS) and Shared Accommodation contracts were due to expire on 30 September 2022 and 31 October 2022, respectively. Following an agreement of a Direct Award, the contracts now end on 31 March 2023. These contracts require recommissioning to accommodate KCC children and young people from the age of 16 to meet KCC’s Sufficiency Strategy 2022-2027 requirements.

 

In December 2021, Ofsted announced that all accommodation for 16/17-year-old children would need to be regulated in a previously unregulated market which has significantly impacted the proposed direction of travel. The announcement derailed a years-worth of commissioning activity. As of July 2022, Ofsted have yet to publish the final details on the new regulation.  It is anticipated that the requirements will not be published by Ofsted until late December 2022.

 

It remains unclear when new entrants must be in regulated services, assumed 1 April 2023. However, it was initially indicated that from 1 April 2022, providers delivering services not previously subject to regulation must take steps to become regulated providers by Ofsted. There has since been further communication where Ofsted will begin registering providers from April 2023 ahead of the new national standards becoming mandatory for all providers from 1 October 2023, at which point all providers will need to be registered with the first full inspections expected to begin from April 2024.

 

Despite the uncertainty of the new regulations, Strategic Commissioning have developed a revised structured Pathway to Independence progressing through services until the young person is ready to move on.  This includes a new Community Outreach Support Service, that we anticipate will ensure compliance with the new regulations. The contracts will provide accommodation and support to all statutory cohorts and children who are at risk of becoming homeless (16/17-year-olds).

 

Changes in regulation provides additional complexity in recommissioning services that have previously not been subject to regulation. In the absence of clear guidance from Ofsted, developing the specification within the timescales and the potential of mobilising a new provider could be challenging and has many associated risks.

 

KCC has a statutory responsibility to safeguard and promote the welfare of Kent Children in Care and ensure best value for money it spends on behalf of the Kent population.  It also has a statutory responsibility to ensure there is sufficient safe accommodation for Children in Care.

 

 

Risks:

 

 

Challenge/ Risk	Impact
Insufficient clarity of what the regulations may entail.	Providers costing in the risk of regulation expecting it to be as robust as regulations for residential and fostering services.   Inaccurate specification due to not knowing the regulation requirements resulting in the contract not being fit for purpose.
Current providers may not wish to become regulated.	The properties accommodating approx. 800 of Kents young people/young adults may not be accessed by a new provider leaving a longer mobilisation period.   Uncertainty that the market has enough regulated services to meet the Councils needs and demand. Uncertainty of the qualified workforce required including the potential cost impact of staffing.
Psychological, social, and academic impact on children and young people following multiple placement moves.	The uncertainty of the Ofsted regulation requirements could lead to having to go out to the market for a second time due to providers not becoming regulated. Therefore, children and young people having to move placement potentially multiple times.   If the incumbent providers are unsuccessful, every existing child and young person will need to move into a spot purchased contract, and then subsequent moves into the new providers.
Cost of multiple procurement exercises.	Challenging timescales to achieve a successful procurement if going out to tender in September 2022. Uncertainly of the Ofsted regulation requirements could lead to having to go out to the market for a second time.

 

Options considered:

 

The risks (highlighted above) have informed the commissioning options available with the greatest being that, without the detailed guidance, we have no certainty on what we are buying.  The preferred option that would allow services to continue, to the point of known regulation requirements, would be Option 3, to directly award six-month contracts under the same terms and conditions to the incumbent providers. This would allow sufficient time to specify requirements, run a compliant procurement exercise, and ensure continuity of service for our children and young people.  

 

·      Option 1: Run a tender process for the new services to commence in April 2023 for all new placements. Either directly award a contract or move to spot purchased arrangements for up to one year to the incumbent providers for existing placements. This will provide a managed mobilisation period for the successful providers to become registered. Existing placements would then transition over once they are registered – If the communication from Ofsted that states providers must be registered by Autumn 2023 stands, then technically there could be a number of unlawful placements from Autumn 2023 to April 2024 if the successful providers of the new services fail in their registration, leading to another procurement exercise to be carried out and any unlawful placements having to move to a higher cost registered spot purchased service.

 

·      Option 2: Directly Award one-year contracts from 1 April 2023 to the incumbent providers and run a tender process for the new Supported Accommodation Service to commence from 1 October 2023. Ofsted are currently indicating that guidance will be issued by December 2022. KCC will be clearer on what it is looking to buy, and Providers will be clearer on their requirements. Providers will be able to understand what being Registered and Regulated will mean and submit better informed costed bids. KCC would prioritise transferring the existing 16/17-year-olds into the new contracted arrangements from 1 October 2023, with an understanding that there is a manageable plan for these young people by the time Providers are inspected in April 2024. The 18+ young people will be able to remain in contracted provision and either moved onto spot contracts or transitioned into the new services/better suited services for their needs post 18.

 

·      Option 3: Directly Award six-month contracts from 1 April 2023 to the incumbent providers and run a tender process for the new Supported Accommodation Service to commence from 1 October 2023. This is the same for option 2 other than a potential to move all young people, either physically or onto spot contracts, depending on who is successful at tender. 

 

 

 

As Cabinet Member for Integrated Children’s Services, I agree:

 

To directly award a new contract, under the same terms and conditions to Clearsprings Ready Homes from 1 April 2023 to 31 March 2024 for Shared Accommodation services.

 

To directly award a new contract under the same terms and conditions to Look Ahead Care and Support, Sanctuary and YMCA Thames Gateway from 1 April 2023 to 31 March 2024 for the Young Person’s Supported Accommodation and Floating Support (YPSAFS) services, on a reducing scale.

 

To procure new Supported Accommodation Services effective 1 October 2023 for a minimum of four years with potential further extensions of up to four years.

Background –

 

The Kent Commissioning Plan for Education 2019-2023 identifies a need for additional places in the Canterbury City Planning Area from 2021 this is due to pressures from new housing developments in Canterbury City and specifically the private development on the former Howe Barracks Site. This development will produce a total of 500 new homes. In addition to this, the refurbishment of former army houses by Redbridge Council is resulting in 38 new families moving in from November 2019.  To mitigate the need for places, it is proposed that Pilgrims Way will expand by 0.5 forms of entry (FE) to become a 2FE Primary school. Pilgrims Way is the nearest primary school to these developments and was named for any developer contributions linked to the development of private housing on the former barracks site. Canterbury City Council Local Plan identifies 16,000 new homes over the plan period to 2031. 8,737 are planned for the Canterbury area, with 6,533 in the Canterbury City Primary planning area where Pilgrims Way Primary School is located. Pilgrims' Way Primary School was registered as a new school on 1st May 2018 and is part of the Veritas Academy Trust. They are awaiting their first Ofsted inspection. Currently Pilgrims Way has 261 on the school roll with 31 on the nursery roll totalling 292 (May school census 2019)

 

Proposed decision –

 

To expand Pilgrims Way Primary School by increasing the Published Admissions Number (PAN) from 45 places to 60 places from September 2021.

 

As Cabinet Member for Integrated Cabinet Member for Education and Skills, I agree to:

 

1. Allocate £1.9m from the Children, Young People and Education Basic Need Capital Budget to expand Pilgrims Way Primary school, by increasing the Published Admissions Number (PAN) from 45 places to 60 places from September 2024.

 

2. Authorise the Director of Infrastructure, Strategic and Corporate Services in consultation with the General Counsel and Director of Education to enter into any necessary contracts / agreements on behalf of the County Council.

 

3. Authorise the Director of Infrastructure, Strategic and Corporate Services to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts. Variations to contract value to be no more than 10% above the capital funding agreed by the Cabinet Member without requiring a new Record of Decision.