Cabinet Member decisions

Proposed decision.

To enter into a funding agreement with the Department for Digital, Culture, Media and Sport (DCMS) and to be the accountable body for the disbursement and spend of a regional Create Growth Fund. The grant will be £1.275million over three financial years from 2022/23 to 2024/25. The decision is subject to KCC being successful with the grant application to DCMS.

Background:

DCMS launched the £17.51m Create Growth Programme in June 2022 to invite local area partnerships to bid for funds to a maximum of £1.275m over three years 2022 to 2025 to deliver targeted business support to high-growth potential creative businesses.

Following a successful expression of interest, KCC Culture and Creative Economy Service has formed a consortium to complete a bid to the Create Growth Fund by the deadline of 25 August 2022. If successful, we will be notified in the third week of September and will need to start recruitment and procurement immediately in order to meet the DCMS spending deadline for the programme.

Options:

The Create Growth Programme is a national initiative which KCC will manage on behalf of the South East Creative Economy Network. There is no match funding requirement and the Programme will bring new money into KCC to deliver creative industry growth which is central to our core work programme. Positioning KCC as accountable body is the strongest option in terms of our profile with the sector and with regional and national partners and will lead to the ongoing growth of the Kent economy through business development and inward investment.

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

Back SMEs and entrepreneurs to start-up, grow - the Create Growth Programme will enable us to develop the legacy of South East Creatives business support programme that supported over 400 creative business. The programme will also support creative freelancers to start up and grow businesses and that they attract the appropriate investment.

Work with partners to develop a better co-ordinated approach to economic development across the county -We will align a refreshed cultural strategy with the Economic Strategy and use the Create Growth Programme to deliver a coordinated approach to the productivity and growth of the creative economy.    

As Cabinet Member for Community and Regulatory Services, I agree, subject to the bid to DCMS being successful, that KCC enters into a grant agreement with DCMS and takes on the lead role of accountable body for the management and delivery of the regional South-East Create Growth Programme 2022 to 2025.

Proposed decision:

(a)  Implement a Modified Dynamic Purchasing System to fulfil the Council’s responsibilities for SEND External Tuition provision – which will meet the needs identified in a child’s Education Health and Care Plan (EHCP).

(b)  Delegate decisions on the establishment of the new arrangements to the Corporate Director for Children, Young People and Education, or other Officer as instructed by the Corporate Director for Children, Young People and Education, in consultation with the Cabinet Member

Background:

·         Kent County Council currently purchases tuition services from a variety of external suppliers, providing educational support to CYP. These services are currently spot purchased without formal established contracts and specifications, leading to concerns of due diligence of suppliers, inconsistent outcomes, and questionable value for money.  SEND is seeking to secure a range of suitable and experienced providers to deliver Tuition Services for those children of compulsory school age and post 16 who, by reason of exclusion from school or otherwise, will not receive a suitable education without such arrangements.

Options:

1. Do Nothing

·         To do nothing, the spend is non-compliant with the Public Contract Regulations (PCR) 2015.Therefore, the current arrangements limit KCC’s ability to shape and control the market to ensure the right capacity and provision is available. KCC has limited influence over the outcomes of the service and limited contract management tools to improve supplier poor-performance.

2. Establish a Dynamic Purchasing System (DPS)

·         Implementing a DPS, would have limited disruption to status quo and delivery of current services. The market is complex, with a mixture of size and type of suppliers. These differing categories of supplier could result in a variable appetite for a formal tender process, possibly impacting continuity of supply.

3.  Expand The Education Programme’s capacity to fully meet the service’s needs (maintaining the current offer per student)

·         Spend would be compliant with PCR 2015. Internal provision does enable SEND to manage all aspects of provision supporting a CYP and delivering education, incorporating other services as required, such as SEN Therapies.

• Further increasing the scope of The Education Programme would require additional resources and staffing to ensure the needs of CYP are met. There will still be CYP with specific needs that are not covered, such as alternative EoTAS learning and qualifications and post 16, such services can be commissioned as a separate activity.

• The new SLA with The Education Programme has not yet been fully implemented, lessons learnt, and potential risks have not been fully explored. The service will not be at full capacity until January 2023. Moreover, one model of tuition would not meet all the needs of CYP with an EHCP, and the SLA could not meet the current capacity levels required. 

4. Recommended Option - Establish Modified Dynamic Purchasing System (MDPS)

• Implementing a Modified Dynamic Purchasing System would enable KCC to stabilise this market and allow better planning for future demand for services.  This option is also preferrable for smaller providers.

• A MDPS framework is to ensure best outcomes for children and young people. SEND do not currently have a preferred provider list and there are no clearly defined contract terms, or specification used to ensure consistent outcomes for CYP.  Additionally, currently there is also no due diligence of providers undertaken ensuring a sufficient Safeguarding Policy, Health and Safety Policy, adequate insurance cover and financial robustness.

• However, moving to a MDPS, will provide stability and sustainability to this market, begin        developing capability with providers and provide a compliant contractual basis for working more closely with providers when planning future requirements

Risks:

·         The main risk of continuing as we are, is that we are not fully compliant with the Public Contract Regulations 2015.The current arrangements also limit KCC’s ability to shape and control the market to ensure the right capacity and provision is available. KCC has limited influence over the outcomes of the service and limited contract management tools to improve any poor-performance from suppliers.

Legal Implications:

·         Kent County Council has a statutory responsibility under The Education Act 1996 to provide education for all CYP until the age of 19, or 25 for those with EHC Plans. Associated legislation includes The Children and Families Act 2014, the SEN Code of Practice (2015), the Equality Act 2010 and The Special Educational Needs and Disabilities Regulations 2014.

·         Continuing with the current arrangements, we will remain non-compliant with PCR 2015.

Financial Implications:

·      The SEN spend for External Tuition Provision is summarised below:

·      These provisions fall under the Special Educational Needs & Psychology Services key service line within Special Educational Needs and Disabilities (SEND) Division budget, line 65 in the 2021/22 KCC Budget.

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

A)    Implement a Modified Dynamic Purchasing System for Special Educational Needs External Tuition provision to fulfil the Council’s responsibilities in meeting the needs identified in a child’s Education, Health and Care Plan (EHCP).  The contract will include types of Tuition not currently provided by The Education Programme such as tuition provision for over 16-years-old, group tuition, Educated other Than At School (EoTAS) in non-academic subjects and formal qualifications such as GCSEs.  It is expected that the contract will be for three years with two optional one-year extensions. The contract will include break clauses to allow early termination if required.

B)    Delegate decisions on the establishment of the new arrangements to the Corporate Director for Children, Young People and Education, or other Officer as instructed by the Corporate Director for Children, Young People and Education, in consultation with the Cabinet Member

Reason for the Decision:

Kent County Council has a statutory responsibility under The Care Act 2014 to deliver access to support and information for unpaid Carers, older people (over 55 years) and people with complex issues/frailty (under 55 years). The Council meets this duty through the provision of its Carers’ Short Breaks Services.

The Carers’ Short Breaks Contract commenced in April 2018, as an initial interim contract. It is currently in an extension period via a previous Decision to Direct Award. Following this decision, the contract is currently due to end on 31 March 2023. There are currently no provisions to extend this contract. The proposals for an additional one-year contract with the incumbent provider via a Direct Award, to run from 1 April 2023 to 31 March 2024, will allow time for Commissioners to explore options for the future recommissioning strategy for this service from April 2024.

Kent County Council has recently completed significant engagement in developing and launching a new Carers Strategy, setting the strategic direction for Carers Support for the next five years. The Kent Carers’ Strategy 2022-2027 ensures a commitment to working together to ensure essential roles are valued, supported and people’s lives maintained and valued.

The proposed decision supports the New Models of Care Support priorities of ‘‘Framing Kent’s Future – Our Council Strategy 2022 – 2026’ of:

·         reshaping our commissioning practice to ensure we build strategic partnerships with our providers, through earlier engagement, more consistent and proactive commissioning practice, and a stronger focus on co-designing services

·         seizing 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

In consideration of this proposal the following options were considered and discarded:

·         Option 1: Direct Award the contract for 12 months

·         Option 2: Reprocure the contract within a short timeframe

·         Option 3: Split the contract into smaller geographical locations and reprocure within a short timeframe

·         Option 4: End the contract on 31 March 2023

In consideration of Option 4, whilst it is recognised that ending these contracts could deliver a significant saving to the Council, ending the contract was dismissed at this point for the following reasons:

·         Loss of current support to vulnerable people

·         People accessing the contract may fall into crisis resulting in a high financial pressure on Kent County Council operational services (negates possible benefit of saving on the contract value)

·         Increased isolation and loneliness to unpaid Carers.

·         Statutory duties non-compliance under the Care Act 2014.

Splitting the contract into smaller geographical locations (Option 3) and reprocuring within a shorter timeframe was dismissed, owing to a lack of clarity as to funding without scope of the redesign, long term Integrated Care Board (ICB) funding sustainability, workforce implications, and the additional pressures on Adults Strategic Commissioning resource.

Option 2 was disregarded owing for similar reasons to Option 3.

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

a)    APPROVE a Direct Award contract for a period of twelve months for Carers’ Short Breaks, from 1 April 2023 to 31 March 2024, in accordance with the relevant justifications set out in Regulation 32 of the Public Contract Regulations 2015 and

b)    DELEGATE authority to the Corporate Director Adult Social Care and Health to take 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:

Kent County Council has a statutory responsibility under The Care Act 2014 to meet the needs of people who are 18 years or older, identifying as unpaid Carers, older people who are frail and vulnerable, and those who are under 55 years of age who are frail and vulnerable. Kent County Council meets this duty through the provision of the Community Navigation Services. The Community Navigation Services Contracts are jointly funded by Kent County Council (Adult Social Care) and the NHS Kent and Medway Integrated Care Board (formerly the Kent and Medway Clinical Commissioning Group).

The current Community Navigation Services Contracts commenced in April 2019, for an initial four-year period, with the fourth year ending on 31March 2023. There is provision within the current contract to extend for two single year periods.

The following options were considered and discarded

·         Extend for 24 months

·         Reprocure the contract within a short timeframe

·         End the contract on 31 March 2023

While it is recognised that ending these contracts could deliver a significant saving to the Council, ending the contract was dismissed at this point for the following reasons:

·         Potentially increase the number of vulnerable adults, older people and carers becoming isolated and lonely, with the potential to therefore increase demand on health and social care services.

·         There is a Social Prescribing and Navigation Strategy being developed, and the outcome and direction set for these services through that Strategy should in some way determine the future of these services.

Procuring the contracts within a short timeframe, by April 2023, was dismissed due to the strategy development underway.

Extending the current Community Navigation Service Contracts, for which there is provision, is the recommended option. This allows for the Kent Social Prescribing and Navigation Strategy to be developed and published, setting the future direction for these services, with the potential to align health and social care funding in the future. It also sustains the current provision to allow further analysis of demand post COVID.

The proposal to seek approval to use both the existing contract extensions (for the two single years) at this point allows for flexibility in the event of any delays in the development of the Kent Social Prescribing and Navigation Strategy, or delays in recommissioning the service and will ensure that the Council continues to meet its statutory responsibility under The Care Act 2014 to meet the needs of people who are 18 years or older, identifying as unpaid Carers, older people who are frail and vulnerable, and those who are under 55 years of age who are frail and vulnerable.

The proposed decision supports the New Models of Care Support priorities of ‘‘Framing Kent’s Future – Our Council Strategy 2022 – 2026’ of :

• reshaping our commissioning practice to ensure we build strategic partnerships with our providers, through earlier engagement, more consistent and proactive commissioning practice, and a stronger focus on co-designing services

• seizing 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

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

a)    EXTEND the current Community Navigation Services Contracts for a period of 12 months, from 1 April 2023 to 31 March 2024; and

b)    DELEGATE authority to the Corporate Director Adult Social Care and Health to use the second one-year contract extension option (1 April 2024 to 31 March 2025), should it be required; and

c)    DELEGATE authority to the Corporate Director Adult Social Care and Health to take 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.

Decision:

To authorise the disposal of the property, the former Conningbrook Depot, Kennington Road, Ashford TN24 0LS and delegate authority to:

1.       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. 

2.       The Director of Infrastructure to authorise the execution of all necessary or desirable documentation required to implement the above.

Reason for the decision:

The property is surplus to the Council’s operational requirements and due to the values requires a key decision as per Kent County Council’s constitution.

Background:

The site is a former landscape services depot. It has been declared surplus by the Council as it is no longer required for operational purposes.

The Council intends to openly market the site. Advice provided from agents regarding anticipated values, indicates that a key decision is required.

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

Options:

The Council has an overarching duty under Section 123 of the Local Government Act 1972 to secure not less than best consideration in respect of property disposals. It also has a fiduciary duty to the residents of Kent.

As the property is not required for the Council’s operational purposes, the only alternative option would be to seek a tenant and gain a rental income stream from the asset.  However, this approach does not align with the Council’s investment strategy and a disposal provides an opportunity to reinvest capital in agreed priorities, as set out in the Council’s Capital Programme.

How the proposed decision supports the Interim Strategic Plan:

By securing a capital receipt to fund the Capital Programme and to streamline the Council’s property portfolio to achieve financial and efficiency benefits in line with appropriate policy.

Proposed decision:

      i.        APPROVE the extension of the contracted Young Persons Drug and Alcohol Service (contract number SS17033) with We Are With You for a period of fifteen months, from 1 January 2023 to 31 March 2024; and

    ii.        DELEGATE authority to the Director of Public Health 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:

The Young Persons Drug and Alcohol Service contract is due to end on 31 December 2022 and following a review of the service, the recommendation is to extend the contract by 15 months to align all KCC-commissioned drug and alcohol contracts to end in March 2024. This will give the Council maximum flexibility and opportunity to re-commission in a way that will effectively support Kent residents in the future. Commissioners plan to procure all the contracts as one exercise which will allow for economies of scale for the process and shared engagement with all the market. The original contract has provisions for the extension and the proposed extension is compliant with Public Contract Regulations 2015.

Background:

The Young Persons Drug and Alcohol Service contract, as delivered by Addaction, which later rebranded as We Are With You (With You), commenced on 1 January 2018, to provide an integrated substance misuse service for young people in Kent. The service is for those aged 11-18 with the flexibility to provide interventions for those aged 18-24 who have an identified need for the young person’s provision (rather than simply accessing the adult provision). The service incorporates evidence-based specialist community treatment, early interventions and workforce development.

The contract is due to end on 31 December 2022 (five years in total) with an option to extend for an additional two years. Given the good performance of the current contract, the identified opportunity to gain efficiencies in the procurement process by joint procurement with the other substance misuse services and the potential for disruption to vulnerable individuals by making unnecessary changes, it is recommended that the extension to the contract is enacted.

Options (other options considered but discarded):

Decommission the service - Decommissioning the service was concluded as a non-viable option that would place KCC in breach of the Public Health grant’s conditions.

Retender the service – Retendering the service now would not enable the Council to recommission all KCC-commissioned drug and alcohol services together, which may result in missed opportunities for efficiencies.

How the proposed decision supports the Council’s Strategy 2022-26:

The service contributes to the ‘Priority 1: Levelling up Kent’ via harm-reduction and structured treatment of early onset substance misuse issues, which secures long term health outcomes for the young people in Kent.

Harmonising the end dates and lifecycles of all the commissioned drug and alcohol services gives KCC the opportunity to conduct our planning and commissioning processes in an efficient way, in alignment with the ‘Priority 4: New Models of Care’ of the Council’s Strategy 2022-26.

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

I. APPROVE the extension of the contracted Young Persons Drug and Alcohol Service (contract number SS17033) with We Are With You for a period of fifteen months, from 1 January 2023 to 31 March 2024; and

II. DELEGATE authority to the Director of Public Health 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(s) for decision:

To explore how the Family Hubs model could work in Kent. This work will look at how and where services are delivered: virtual, through outreach, and/or face-to-face, to support our vulnerable families in their own communities. 

Prior to any implementation or delivery of Family Hubs, detailed proposals will be subject to further decision-making but a Strategic Policy decision to adopt the principle of developing a Family Hub Model for Kent is required at this stage to adhere to relevant deadlines from the DfE to be considered as Family Hub Transformation Authority.

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

The Council’s Strategic Reset Programme has set new Council wide ambitions and aims for how the Council will operate in the future. Aligned to the Strategic Reset Programme and the Strategic Statement “Framing Kent’s Future”, the Family Hub Model aims to achieve:

·       A more targeted open access offer

·       An enhanced digital offer across universal provision

·       More productive and efficient ways of working using technology and digital solutions

·       A greater quality of experience for service users, residents, and staff, informed by a more in depth understanding of what communities need and managing the demand facing the council

·       The best use of our data, assets, and trading companies. Value for money

·       A potential reduction in overall assets within Kent County Council

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

a.    the principle of adopting a Family Hub Model of provision for Open Access Services in Kent, in accordance with the Government Policy on Family Hubs and Start for Life which align with the priorities of the Executive and the Council as per the Strategic Statement. 

b.    to accept relevant funding via the Family Hub Transformation Authority programme, including agreement to the terms of the Memorandum of Understanding requirement to participate as a Transformation Authority.

c.    To confirm that any implementation or full delivery of a Family Hub Model in Kent will be subject to the development of detailed proposals, appropriate consultation, engagement and governance through normal Executive Decision-making arrangements.

d.    delegate authority to the Corporate Director of Children, Young people and Education, in consultation it the Cabinet Member for Integrated Children’s Services, to undertake relevant actions, including but not limited to entering into contracts or other legal agreements, as necessary to implement the decision.

The Cabinet Member for Adult Social Care and Public Health was consulted on the decision due to service implications of Family Hubs on activity within the Public – she supported the decision.

Proposed decision:

To alter the school academic calendar 2022-23 for local authority-maintained school to allow for the additional bank holiday on 19 September 2022.

Reason for Decision:

In England, local authority-maintained schools operating according to the School Teachers’ Pay and Conditions Document (STPCD) must open for 195 days.

Of these, a maximum of 190 days involve teaching children and young people. The remaining five days are non-teaching days when teachers may be asked to undertake other duties related to their role as a teacher. These are often known as in-service training (INSET) days.

The school term dates for Kent community, voluntary-controlled, community special or maintained nursery schools are determined by KCC and the local authority is the employer.

Proposal

In the DfE guidance National Mourning Advisory Education Guidance under section 15 - Bank Holidays, it states:

The bank holiday announcement will not mean teachers will be required to teach an additional day. The DfE will reduce the minimum number of sessions for this school year via regulations and change the definitions in the schoolteachers’ pay and conditions document for the current year.

In essence, teachers will teach one less day for the academic year 2022/23, down from 195 to 194 (including INSET days), or down from 190 to 189 (excluding INSET days) across 1,258.5 hours as opposed to 1,265 hours of directed time. An extra day of holiday will therefore need to be allocated by KCC as the employer.

As Cabinet Member for Education and Skills, I agree to: alter the school academic calendar 2022-23 for local authority-maintained school to allow for the additional bank holiday on 19 September 2022.