10/02/2025 - 24/00117 - Changes to the KCC local funding formula for State Funded Schools and Early Years Providers, and Special Education Needs payments for Post 16 providers (FE Colleges & Specialist Post 16 Providers)

Proposed Decision:

 

To approve changes to the Kent County Council local funding formula for schools and early years providers that is used to calculate school budgets and early years rates from 1 April 2025. 

 

To approve the percentage uplift to Special Educational Need payments made by the Local Authority to State-Funded Schools and Post 16 providers (FE Colleges & Specialist Post 16 Providers) from 1 April 2025.

 

Delegate authority to the Corporate Director of Children, Young People and Education to make any necessary changes to the Local Funding Formula rates once final affordability is known.

 

Delegate authority to the Corporate Director of Children, Young People and Education, in consultation with the Cabinet Member for Education and Skills, to agree the distribution method for new school specific education grants during 2025-26 provided by the Department of Education, in line with grant conditions.  

 

Reason for the decision:

  • In response to the Government confirming the additional funding for schools, Kent County Council is set to receive approximately £35m (2.6%) in 2025-26 to increases funding rates for primary and secondary school budgets. The Government has also indicated a further £21.5m (7%) for High Needs in 2025-26. Funding for the Early Years Free Entitlement has also been announced with funding from Government due to increase between 2.7% and 4.3% (dependent on age range). This decision will confirm how this additional funding will be distributed to schools and early years in line with Government guidelines. In addition, during the year, the Department of Education can sometimes announce additional grants that must be paid directly to schools (for example: contributions towards teachers’ pay award, pension increases or national insurance changes) to ensure these grants are paid to schools in a timely manner, the proposal extends the delegation to distribute these specific grants during the year.
  • The final budget approach will be confirmed at the point the decision is taken.

 

Background:

  • The Government has confirmed the Council continues to be responsible for operating a local funding formula for Kent maintained schools (and this formula is also used by the Education and Skills Funding Agency for calculating Kent academy budgets) during 2025-26 and legislation dictates that any changes to that formula is subject to an all school consultation which took place in December 2024 along with seeking views from the Schools Funding Forum. The consultation focuses on how we allocate any additional funding and a request to continue to transfer 1.2% from the schools to the high needs block to support SEN Support services in schools (the latter is also subject to Secretary of State approval).

 

·      The Council is responsible for setting the funding formula rates for High Needs funded school places including mainstream top-up funding, specialist resource provisions, maintained and academy special schools, post 16 providers. Proposals for the future SEN funding model for state-funded schools is being considered separately. These proposals are limited to the recommended percentage uplift to be applied to existing formulas for 2025-26.

 

·       The Council is also responsible for setting the Early Years Local Funding Formula which is used for setting the rates paid to early years providers for the Free Entitlement offer for children aged between 9 months and 4 years attending nurseries or childminders, for up to 30 hours of free childcare a week (dependent on eligibility).

 

Options (other options considered but discarded):

School Budgets: The options considered for setting the primary and secondary school budgets are outlined in the consultation document to schools and the preferred option will be set out at the point of decision. However, the option to deviate excessively from the National Funding Formula (NFF) used by Government to allocate school funding to local authorities for distribution to primary and secondary schools was discarded at an earlier stage.This is in line with previous recommendations from both schools & the Schools Funding Forum who have supported the general principle that “our Local Funding Formula should move towards the NFF, but at the same time continue to utilise local flexibility to address areas of local concern”.

 

  • SEN Payments for state-funded schools and post 16 providers (Colleges & Specialist Post 16 Providers): Wider proposals for changes to the Special Education Needs Funding Model for state-funded schools were discarded at an early stage as proposed changes are being considered separately to this decision.  Therefore this decision is being limited to whether to apply a percentage uplift to SEN payments for state-funded schools and post 16 providers (Colleges & Specialist Post 16 Providers) in 2025-26.

 

  • Early Years Payments: The option to change the basis of the  funding rates were discarded at an early stage with the decision being limited to whether to apply a percentage uplift to current rates.

 

Last year the Government announced a range of measures to support early education and help for parents with childcare so they can return to work more easily. This resulted in a number of changes to the sector including an expansion of the free entitlement offer from a universal/targeted offer for 3 & 4 year olds (& some eligible 2 year olds) to include free childcare up to 30 hours to working parents with children aged over 9 months. The Council implemented a number of new rates in response to this change and reviewed the current 3 & 4 year old formula relating to deprivation. Therefore, options to change the basis of the funding rates further were discarded, to provide stability to the sector, instead opting to consider a standard percentage uplift in line with Government funding announcements. 

 

Links to Framing Kents Future and Securing Kent’s Future:

·      The decision is linked to the key priority “Levelling up Kent” within the ‘Framing Kent’s Future (2022-26)’

 

·      Whilst the decision relates to the distribution of ring-fenced grant, this decision is linked to achieving the overall objectives of ‘Securing Kent’s Future – Budget Recovery Strategy’ whereby proposals will support the financial recovery of the High Needs Block of the Dedicated Schools Grant. 

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 22/01/2025 To allow 28 day notice period required under Executive Decision regulations

Lead officer: Karen Stone

Notice of decision: 24/12/2024

Anticipated restriction: Open


06/02/2025 - 25/00007 - Non-Maintained Independent Special School (NMISS) Dynamic Purchasing System (DPS) - Contract extension and re-procurement options

Reason for the decision

 

-       The Non-Maintained Independent Special School (NMISS) Dynamic Purchasing System (DPS) was established in September 2022 for an initial period of three years, ending 31 August 2025. The DPS contains explicit provision for the Council to exercise three optional one year extensions, with a maximum end date of 31 August 2028.  The original Record of Decision omitted reference to the DPS initial three year period and the extension clauses contained within it. 

-       The present proposal is to extend the current DPS for one year until 31 August 2026, with a view to procuring a replacement dynamic market or framework agreement for use from 1 September 2026 onwards.

-       The new Specification and Terms and Conditions for the future service beyond 1 September 2026 will take on board the learning from the issues identified within the arrangements to ensure that the future services and model better aligns with and meets the needs of the transforming SEND landscape and continuum of education support in Kent.

 

Background – Provide brief additional context

 

-       KCC has a statutory responsibility to provide suitable education for all Children and Young People (CYP). Prior to the establishment of the NMISS DPS, placements in the independent sector had been spot purchased, with escalating number of placements and associated costs year on year.

-       The key drivers to establish a DPS framework for education placements outside of the mainstream and maintained provision for children and young people with Education Health Care Plans (EHCPs) was to enable Kent County Council (KCC) to monitor quality of provision, improve outcomes for children and young people, ensure placements offered best value for money in a way that could not be achieved through the process of spot purchasing and set a strategic platform to communicate with the sector differently.

-        It was recognised that this was the first step to developing a baseline of information and to this end, the DPS framework has been successful. Further work is now needed to address the key issues identified and to ensure placements in the NMISS sector under any newly procured dynamic market or framework arrangement are better aligned to Kent’s wider strategies and approach to the SEND whole system change and continuum of needs and provision.

 

Options (other options considered but discarded)

 

-       Future commissioning activity must be considered within the strategic context of:

 

o   The Council’s commitment in discharging its statutory duty for children and young people with SEND

o   The Council’s drive for greater inclusion of children and young people with SEND in mainstream settings and schools, as outlines in the Countywide Approach To Inclusive Education

o   Delivery of the Safety Valve commitment and SEND transformation

 

-       A number of options were considered and appraised against the above criteria, as well as consideration of the new Procurement Act 2023 which comes into force in February 2025. 

-       The preferred option is to extend the NMISS DPS under its existing terms and conditions for one year, so that it would expire 31 August 2026, and to then re-procure a new framework that can address the issues identified through contractual and operational management of the current framework and ensure that the future NMISS market meets the future needs of the Council, from 1 September 2026 onwards.

 

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

 

-       Priority 1 - Levelling up Kent -  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 – To reshape 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.

 

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

 

-       The decision will be compliant with the Strategic Statement in the context of the significant financial challenges that the Council is facing, as a key driver of the current NMISS DPS framework and any future re-provision.

-       It will meet the strategic objectives by contributing to bringing the Council’s budget back into balance and support the delivery of Securing Kent’s Future

-       It will prioritise Best Value considerations

 

Financial Implications

 

-       Total spend on Independent and Non-Maintained providers of special educational needs placements is forecast to be in excess of £80m in 2024-2025 as outlined in the latest monitoring report to Cabinet on 28 November 2024, of which approximately £50m (approximately 60%) is spent on contracted providers through the Non-Maintained Independent Special School Dynamic Purchasing System Therefore the estimated cost of the extension of one year is of the same value, subject to changes in demand over the next year, with the total cost of the contract c£200m over the life time of its contract of four years (September 2022 to 2026).

-       The cost of this contract is reported against the Special Educational Needs and Psychology Services key service budget line, and total spend on Independent and Non-Maintained schools is reported with Section 3g (School Budgets) of the Council finance monitoring report to Cabinet. Whilst this spend is expected to be fully met from the High Needs Block of the Dedicated Schools Grant (DSG), and would not be direct cost to the General Fund, there is a significant accumulated deficit on the DSG (estimated to be £222m by March 2028), which the Council has agreed to contribute a total of £82m (in addition to a DfE contribution of £140m), between 2023 and 2027, to help pay-off the deficit by 2028-2029. 

-       If the contract was not to be extended, all contracts would revert to a “spot purchase agreement” with all the associated financial and operational risks.

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 13/02/2025 To allow the required 28 notice period on the published list of forthcoming executive decisions

Lead officer: Christy Holden

Notice of decision: 15/01/2025

Anticipated restriction: Open


04/02/2025 - 25/00010 - Proposed Revision of Rates Payable and Charges Levied by Kent County Council for Children's Social Care Services in 2025-26

The Cabinet Member for Integrated Children’s Services to:

 

  1. APPROVE the proposed changes to the rates payable and charges levied for Children’s Services in 2025-26.

 

  1. NOTE both the changes to the rates that are set by the Government/external agencies: Inter-agency charges and Essential Living Allowance and; any charges to other Local Authorities for use of in-house respite residential beds are to be calculated on a full cost recovery basis.

 

  1. DELEGATE authority to the Corporate Director of Children, Young People and Education, , totake relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as required, to implement the decision

 

Background:

This decision revises the rates payable and charges levied by this Council for Children’s Social Care Services from 1 April 2025

 

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

 

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

 

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

 

The proposed decision supports both the key priority of “Levelling up Kent” and “New Models of Care & Support” within the ‘Framing Kent’s Future (2022-26)’. Along with “Securing Kent’s Future – budget recovery strategy”.  Recruitment and retention of our in-house foster and support offer and providing appropriate financial support to our permanency arrangements is crucial in developing and sustaining cost effective placements options for our vulnerable children. Along with supporting families to support children through the use of Direct Payments to be as independent of greater state support. Funds are included as part of the draft Medium Term Financial Plan 2025-28.

 

Decision Maker: Cabinet Member for Integrated Children's Services

Decision due date: Not before 05/03/2025 To allow the required 28 notice period on the published list of forthcoming executive decisions

Lead officer: Karen Stone

Notice of decision: 04/02/2025

Anticipated restriction: Open


04/02/2025 - 25/00009 - Proposal to change the age range of Blean Primary School, Canterbury, from 4-11 years to 3-11 years.

Proposed decision:

 

The Cabinet Member for Education and Skills to agree to permanently expand  the age range of the Blean Primary School from 4-11 years to 3-11 years to establish a school run pre-school provision

 

 

Reason for the decision

As Blean Primary School is a community school, the decision maker is the Local Authority and requires a statutory process to lower the age range of the school. The proposal to lower the age range requires a public notice.

 

Background

In Spring 2023, the Government announced its ambition of extending the free entitlements to younger children in three phases. Phase one implemented in April 2024, saw children of working parents entitled to 15 hours of funding the term after they turned two. In September 2024, phase two will extend this offer to working parents of those children aged 9 months plus and then in September 2025, phase three will see the working parent entitlement extending to 30 hours for all eligible children.

 

Blean Primary School currently provides early years education for children who turn five when in the Reception class. The school have proposed to lower the age range from 4-11 to 3-11 years to provide a pre-school provision at the school.

 

The proposed pre-school provision at Blean Primary School will be to for up to 26 children and will be accommodated in a spare classroom within the school, adjacent to the reception classes.

 

Blean Primary School was judged “Outstanding” by Ofsted in March 2022. The Local Authority is confident that the strong and effective leadership of the school has the capacity to establish a successful pre-school provision, ensuring there will be additional pre-school places available for local families.

 

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.

 

Framing Kent’s Future – Our Council Strategy 2022-2026

 

This proposal will help to support Framing Kent’s Future – Our Council Strategy (2022-2026) 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.’

 

Financial Implications

 

Capital

The school will be responsible for any capital costs which are required for the refurbishment of the classroom and outdoor space. The government has made available to schools the School-Based Nurseries Capital Grant 2024 to 2025. Through this grant, schools can bid for up to £150,000 of capital funding to create or expand school-based nursery provision by using surplus space in primary-phase school buildings. Blean Primary School intends to bid for this grant funding for the creation of the pre-school at their school.

 

Revenue

The school will be responsible for establishing the nursery and responsible for all revenue costs associated with the running of the provision. The school will also be responsible for appointing staff as required. The school will receive income for nursery places either from parental contributions or funding for the provision of free entitlements to eligible children (administered by KCC and fully funded by an external grant from the Department of Education).

 

 

Legal Implications

KCC, as the Local Authority (LA), has a statutory duty to ensure sufficient school places are available.  This duty applies to Special Educational Needs (SEN) provision, as well as mainstream settings.

 

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. It also sets out how we will carry out our responsibility for early education and childcare. Early Education and Childcare is legislatively governed by the Childcare Acts of 2006 and 2016. These place a duty on all local authorities to improve outcomes for young children, to cut inequalities between them, to secure sufficient childcare, with adequate flexibility to allow parents to work.

 

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

 

Statutory Guidance on the changing of age range of a maintained school can be found in the Making significant changes (‘prescribed alterations’) to maintained schools Statutory guidance for proposers and decision makers October 2024 This guidance primarily relates to The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013.

 

A statutory process is required to lower the age range, which consists of an initial informal consultation period of 4 weeks. Any objections will be considered by the Cabinet Member in advance of taking a decision to issue the Public Notice. Should significant objections, not already considered by the Cabinet Member when taking this decision, be received during the notice period, a separate decision may be required dependent on the level of modification required in order to continue the proposal and allow for proper consideration of the points raised.

 

School organisation: local-authority-maintained schools - GOV.UK (www.gov.uk)

 

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 05/03/2025 To allow the required 28 notice period on the published list of forthcoming executive decisions

Lead officer: Robert Veale

Notice of decision: 04/02/2025

Anticipated restriction: Open


04/02/2025 - 25/00008 - Public Health Service Transformation Programme - Adult Lifestyle Services Recommission

Proposed Decision:

 

  1. APPROVE the Adult Healthy Lifestyle Service model and agree to the commissioning of the relevant services:

 

  • Stop Smoking Service: Three Year Contract (1 April 2026 – 31 March 2029) with an optional extension, up to 24 months.

 

  • Weight Management and Healthy Lifestyle Service:

 

  • East Kent: Three year Contract (1 April 2026 – 31 March 2029) with an optional extension, up to 36 months

 

  • West Kent: Three year Grant Agreement (1 April 2026 – 31 March 2029) with District and Borough Councils. Towards the end of the Three years, a decision will need to be made on whether KCC continues to provide the service in West Kent through Grant Agreements with the District and Borough Councils.

 

  1. DELEGATE authority to the Director of Public Health, in consultation with the Cabinet Member for Adult Social Care and Public Health to commission the relevant services and enter into contracts or other legal agreements with providers to deliver the Adult Healthy Lifestyle Service model; and

 

  1. DELEGATE authority to the Director of Public Health, in consultation with the Cabinet Member for Adult Social Care and Public Health, to exercise relevant contract extensions and enter into relevant contracts or legal agreements; and

 

  1. DELEGATE authority to the Director of Public Health, in consultation with the Cabinet Member for Adult Social Care and Public Health, 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

 

 

Background

 

Kent County Council (KCC) commission Adult Lifestyle Services (Stop Smoking, Weight Management and Healthy Lifestyles) as part of the service branded as One You Kent (OYK).

 

OYK commenced on 1 April 2017 and ends on 31 March 2026. The Service is currentlydelivered by Kent Community Health Foundation Trust (KCHFT) and six district, borough and city councils.

 

The overall aim of OYK, is to increase the number of people quitting smoking, managing their weight and living a healthy lifestyle in Kent, by engaging, motivating and supporting individuals to successfully achieve personal outcomes/goals. The service is also targeted at people from priority groups, such as people residing in areas of deprivation, in order to reduce health inequalities.

 

In July 2023, KCC commenced the Public Health Service Transformation Programme (PHSTP). The programme responded to a series of strategic developments, challenges, and opportunities in the commissioning landscape, and is underpinned by an evidence-based review of all internal and external Public Health funded services and grants. The Programme required the evaluation of existing service models and collaboration with key stakeholders to identify recommendations for future service delivery.

 

As part of the PHSTP, market, stakeholder and public engagement has been undertaken. All responses and contributions from engagement has been analysed and informed future service delivery. New service specifications will be developed, which encompasses learning from all the engagement undertaken.

 

Reason for Decision:

 

Under the Care Act, KCC is obliged to provide or arrange for services, facilities or resources which would prevent, delay, or reduce individuals’ needs for care and support. Within the Care Act statutory guidance, secondary prevention or early intervention is defined as more targeted interventions aimed at individuals who have an increased risk of developing needs, where the provision of services, resources or facilities may help slow down or reduce any further deterioration or prevent other needs from developing.

 

KCC also has a statutory duty to improve the health of the population and reduce health inequalities (Health and Social Care Act 2012). KCC receive a ringfenced Public Health Grant to meet this statutory duty and annually report to Government on how much of this Grant has been allocated on weight management, lifestyles and stop smoking services.

 

OYK plays a vital role in ensuring the effective and timely provision of preventative health and wellbeing services and can help meet key priorities:

 

·  Helping the most vulnerable and disadvantaged in society to improve their physical and mental health; with a focus on the social determinants of health and preventing people becoming ill in the first place

·  Helping people to manage their own health and wellbeing and be proactive partners in their care so they can live happy, independent and fulfilling lives; adding years to life and life to years.

The service achieves this by supporting residents of Kent to quit smoking, manage their weight, improve their diet, increase their physical activity, boost their mental wellbeing and reduce their alcohol consumption. The service is open access, but is also targeted at people from priority groups, such as people residing in areas of deprivation, in order to reduce health inequalities.

It is proposed Adult Healthy Lifestyle Services are recommissioned, with the aim of successfully selecting provider(s) to deliver the services from 1 April 2026. The process will adhere to ‘Spending the Council’s Money’ and relevant procurement legislation.

Options (other options considered but discarded)

 

  • Discontinue / decommission services - Decommissioning the services was concluded as a non-viable option, due to the prevalence of unhealthy behaviours in Kent and demand for services. OYK supports the Council to achieve priorities set out in Framing Kent’s Future and Securing Kent’s Future and the Kent and Medway Integrated Care System to achieve key outcomes set out in the Integrated Care Strategy. The services play a key role in supporting KCC to reduce health inequalities and improve the health of the Kent population. It is also a requirement as per the Local Stop Smoking Service Support Grant (LSSSSG) that in order for local authorities to receive the funding, KCC must maintain its existing spend on stop smoking services

 

  • Reduce service offer - Reducing the services was concluded as a non-viable option, due to the prevalence of unhealthy behaviours in Kent and demand for services. OYK supports the Council to achieve priorities set out in Framing Kent’s Future and Securing Kent’s Future and the Kent and Medway Integrated Care System to achieve key outcomes set out in the Integrated Care Strategy. The services play a key role in supporting KCC to reduce health inequalities and improve the health of the Kent population. It is also a requirement as per the LSSSSG that in order for local authorities to receive the funding, KCC must maintain its existing spend on stop smoking services. 

 

How the proposed decision meets the priorities of New Models of Care and Support as set out in ‘‘Framing Kent’s Future – Our Council Strategy 2022 – 2026’’

 

Stop smoking, weight management and healthy lifestyle services supports the Council to achieve the following priorities set out in the Council’s Strategy 2022-2026 ‘Framing Kent’s Future’:

 

  • Priority 1: Levelling up Kent
    • To see significant improvements in the economy, connectivity, educational attainment, skills and employment rates and public health outcomes in deprived communities in coastal areas so that they improve faster than the rest of Kent to reduce the gaps
    • To work with our partners to hardwire a preventative approach into improving the health of Kent’s population and narrowing health inequalities
    • Adopt an unrelenting focus on reducing cardiovascular disease in our population by continuing to focus on healthier behaviours, stopping smoking, taking up exercise and healthier eating.

 

How the proposed decision supports Securing Kent’s Future

 

Stop smoking, weight management and healthy lifestyle services supports the Council to achieve the priorities set out in Securing Kents Future, by preventing people from getting long term health conditions linked to smoking, being overweight and living unhealthy lives, which increase’s demand and costs in Health and Social Care.

 

Financial Implications

The new service length will be:

  • Stop Smoking Service: Three Year Contract (1 April 2026 – 31 March 2029) with an optional extension, up to 24 months. This will align with the ending of the new services being commissioned utilising the LSSSSG
  • Weight Management and Healthy Lifestyle Service:
    • East Kent: Three year Contract (1 April 2026 – 31 March 2029) with an optional extension, up to 36 months
    • West Kent: Three year Grant Agreement (1 April 2026 – 31 March 2029) with District and Borough Councils. Towards the end of the Three years, a decision will need to be made on whether KCC continues to provide the service in West Kent through Grant Agreements with the District and Borough Councils.

Arrangements involving grant agreements between KCC and Districts and Borough Councils may be impacted by devolution and reorganisation. Future commissioning plans will be reviewed as the devolution agenda progresses.

The tables below outline the estimated costs to KCC Public Health and includes an estimated annual uplift that will be applied (with the exclusion of the first year). Final costs will be subject to negotiations and procurement outcomes.

Table 1: Estimated Costs to KCC Public Health (Stop Smoking Service)

 

Cost to KCCPublic Health

(Stop Smoking Service)

1 April 2026 – 31 March 2029

£7,184,878.04

1 April 2029 – 31 March 3031

(Optional Extension Period)

£4,910,464.97

Total Cost (Three year Contract + up to 24 month optional extension)

£12,095,343.01

The estimated annual costs to KCC Public Health will be consistent with current costs.

Table 2: Estimated Costs to KCC Public Health (Weight Management and Healthy Lifestyle Service)

 

Cost to KCCPublic Health

(Weight Management and Healthy Lifestyle Service)

 

1 April 2026 – 31 March 2029

1 April 2029 – 31 March 3032

Total

East Kent (Contract)

£5,448,122.53

£5,613,206.09

£11,061,328.61

West Kent (Grant Agreement)

£3,448,069.30

£3,552,549.24

£7,000,618.54

Total Cost

£8,896,191.82

£9,165,755.33

£18,061,947.15

 

 

Includes:

 

·         Optional extension (up to 36 months) in East Kent

·         Decision taken to continue to provide the service in West Kent through Grant Agreements with the District and Borough Councils for the same time period as the East Kent optional extension (Three years).

The estimated annual costs to KCC Public Health are lower compared to current costs. Cost modelling, including benchmarking with other local authorities has been undertaken to determine the estimated costs of the service post April 2026. This has determined that KCC can achieve improved value for money with no impact to the level or quality of support provided across Kent.

The above values can be funded from within the budget approved and will be funded from KCC Public Health ring-fenced grant.

 

Decision Maker: Cabinet Member for Adult Social Care and Public Health

Decision due date: Not before 05/03/2025 To allow the required 28 notice period on the published list of forthcoming executive decisions

Lead officer: Vicky Tovey

Notice of decision: 04/02/2025

Anticipated restriction: Open


04/02/2025 - 24/00119 - Special Education Needs transformation and the role of the Specialist Teaching and Learning Service (STLS)

Proposed decision

 

The Cabinet Member for Education and Skills, in consultation with the Cabinet Member for Integrated Children’s Services, approve the funding arrangements and revised model for the continued delivery of the Specialist Teaching and Learning Service (STLS) beyond 31st August 2025  when the Service Level Agreements cease.

 

Reason for the decision

 

The Specialist Teaching and Learning Service (STLS) was presented to the Children’s, Young People and Education Cabinet Committee on 1 March 2022 and a transformational Service Level Agreement (SLA) was established with the service from September 2022 to August 2025. Issue details - 22/00001 - Specialist Teaching and Learning Service (STLS) - Consultation outcome on service redesign and delivery options from April 2022

 

At the Children’s, Young People and Education Cabinet Committee on 9 July 2024, a report was presented detailing the performance of the STLS (Public Pack)Agenda Document for Children's, Young People and Education Cabinet Committee, 09/07/2024 14:00.

 

At that time, the intention to undertake a public consultation into how the service might fit within the new ways of working being implemented as part of the transformation of Special Education Needs (SEN) support was stated.

 

An eight-week public consultation has taken place. The responses have been analysed and recommendations identified regarding the future of the service beyond August 2025, when the current SLA ends.

 

It is proposed that the Specialist Teaching and Learning Service (STLS) continues to be provided beyond the duration of the current Service Level Agreement that ends 31 August 2025.

 

To support this, it is proposed the future cost of STLS for school aged children will be funded from the High Needs Block of the Dedicated Schools Grant and form part of the local decision-making of Special Education Needs (SEN) support services that will be managed through the communities of mainstream schools in Kent.

 

The STLS for children attending early years providers will be funded via a portion of the Early Years Block of the Dedicated Schools Grant that can be retained by Local Authorities for central services, including SEN support services

 

A revised service model will be implemented to reflect the outcome of the consultation and wider reforms that are being implemented as part of the ongoing transformation of SEND services in Kent. The revised model will include STLS moving to a Link Practitioner model with specialist teachers aligned to communities of schools for school age children and STLS working within the revised pathway for support for early years settings. STLS will no longer deliver Local Inclusion Forum Team meetings.

 

 

Background

 

The overarching aim of the STLS is to support mainstream early years settings and schools to build their capacity and confidence in delivering high quality provision for children and young people with SEND, in improving pupil progress and outcomes and to spread best practice across educational settings.

 

It is commissioned by the Education and Special Education Needs and Disabilities (SEND) Division within Kent County Council (KCC) from 12 maintained Special Schools in Kent via a Service Level Agreement (SLA) that ends 31 August 2025.

 

Information related to the performance of the service over the period 1 September 2022 (Term 1 2022–2023 academic year) to 28 March 2024 (end of Term 4, 2023-2024 academic year). was presented to Children, Young People and Education Cabinet Committee on 9 July 2024. This included an options appraisal about how the service could be funded and delivered in the future.

 

At that time, the intention to undertake a public consultation into how the service might fit within the new ways of working being implemented as part of the transformation of Special Education Needs (SEN) support was stated.

 

An eight public consultation was subsequently undertaken, opening 9 September 2024 and ending 3 November 2024. Specialist Teaching and Learning Service Redesign | Let’s talk Kent

 

The consultation received a total of 523 responses, 427 from professionals and 96 from residents. The largest group of responses (26%) where received from primary school Special Educational Needs Co-ordinators (SENCos). Responses were received from all districts within the county. The consultation provided insight into what type of support the STLS could deliver in the future and respondents gave feedback on how it might be funded.

 

As part of the consultation, a proposal was submitted indicating that a single organisation could deliver the service across the county. In considering this feedback, a further options appraisal was undertaken to further inform how the service could be delivered in the future. Based on this, the proposal is that there is a sole provider of the service across the county and that that provider is Kent County Council.

 

 

Options (other options considered but discarded)

 

Based on feedback from the consultation, the following funding options were considered and discarded:

 

·         Option 1: End the service when the current SLA ends on 31 August 2025.

·         Option 3: STLS becomes a traded service.

·         Option 4: STLS is funded via the School Inclusion Model for Mainstream, meaning that the service would be funded by Communities of Schools with money allocated to them from HNF block for local decision making.

·         Option 5: Transfer the service from special schools to KCC, bringing the service in house.

·         Option 6: Transition option, namely extending the current SLA for one year to enable a transition to Option 4.

 

In response to a proposal submitted, a further options appraisal related to the future delivery of the service was undertaken. The following options were considered and discarded:

 

  • deliver the service across an area based footprint
  • deliver the service across a district based footprint

 

In terms of the type of organisation that could deliver the service, the following options were considered and ruled out:

  • Maintained schools (mainstream and special)
  • Academy trusts
  • Independent, external organisation
  • The Education People (traded arm of the Council)

 

 

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

 

These actions will support Framing Kent’s Future through:

 

  • Priority 1: Levelling Up Kent and our commitment to maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families, specifically: Maintain improvement support services for all Kent schools, including maintained schools and academies, to maintain Kent’s high-quality education system.

 

  • Priority 4: New Models of Care and Support and our commitment is to support the most vulnerable children and families in our county, specifically in relation to responding to national policy changes on SEND provision, working with mainstream schools so more can accept and meet the needs of children with SEND, increasing choice and proximity of school places.

 

These actions will support Securing Kent’s Future by:

·         Supporting Objective 1 in bringing the budget back into balance through cost avoidance achieved by supporting more children in mainstream schools from the outset of their statutory education and avoiding the use of non-maintained independent special school placements. 

·         Further transforming the operating model of the Council (Objective 4). A greater focus on understanding and demonstrating impact will enable more effective decision making about how and where to focus the use of resources.

 

Financial Implications

 

The current annual cost of STLS is £5,856,468. Over the course of three years this totals £17,569,404. This is a static budget that has remained unchanged since before the existing SLA. 

 

In relation to the above proposal, 124 STLS staff would TUPE into the Council on their existing terms and conditions. The estimated annual cost to KCC of these salaries is £5,858,831 per year.

 

Estimated one off costs of bringing 124 people in house are £581,318 which will need to be accommodated within the first year.

 

The estimated cost of a six month extension to the SLA, if required, in order to undertake the transfer process transfer would cost £3,385,560.

 

 

The service is currently funded from the High Needs Block of Dedicated Schools Grant (DSG) provided by the Department of Education (DfE). The High Needs Block is funded from a combination of the High Needs allocation from the DfE (annual grant of c£330m) plus a further contribution from primary & secondary budgets (equating to 1.2%) of approximately £15m, in response to the Council overspending its grant allocation. This transfer is expected to continue each year until the Council is able to operate sustainably within its high needs grant allocation. The transfer contributes towards the range of SEN support services to schools (of which STLS is one example). SEN Support Services are a discretionary service, and the total money available for all SEN Support services for schools is considered in context of the value of the transfer. In 2024-25, the budget for central services to Early Years providers was £7m, and the future funding of the early years element of this service will be funded from a combination of recent savings in other early years services and the expected increase in funding for 2025-26. By maximising the use of other funding sources will support savings on the High Needs Block. Spend is reported within the Special Educational Needs and Psychology key service line presentation of the 2024-2025 Medium Term Financial Plan.

 

This is not currently a direct cost to the General Fund.  However, the Council has committed to contributing a total of £82m towards the DSG deficit relating to High Needs overspends by 2027-28, and the statutory override, which is currently holding this deficit off the Council’s balance sheet (in an unusable reserve), is due to cease from April 2026, unless the Department of Levelling Up, Housing and Local Communities extends this policy further.

 

 

Legal Implications  

 

The Children and Families Act 2014 and the SEND Code of Practice 2015 describe the role that early years, schools and colleges play in meeting the needs of all children and young people, including those with SEND, whether they have an EHCP or not.

 

The SEND Code of Practice (section 6.44) outlines the ‘graduated approach’ that all schools/settings should apply when considering how they will meet those needs. This also relates to the SEND Code of Practice section 6.58 – 6.62 which outlines the use of specialists to advise settings and schools on early identification of SEN and effective support and interventions.

 

Advice will be sought  from Legal Services as required, during the implementation phase of the decision in relation to future commissioning arrangements.

 

Equalities implications

 

The Equalities Impact Assessment previously presented to the Children’s Young People and Education Cabinet Committee has been reviewed and updated based on feedback from the public consultation.

 

Key issues identified include:

 

  • Age: respondents identified a detrimental impact on younger children, specifically those in early years settings, if the service were to end. This would also be the case if the funding approach changed in a way that meant early years settings could not longer access the service.
  • Age: the impact on younger children, specifically those in early years settings, was also referenced in relation to transition into school age settings. 
  • Gender: an detrimental impact on women was referenced, if the service was to end. Women make up the majority of the STLS, SENCO and teaching workforce,
  • Disability: respondents identified potentially detrimental impact on children and young people with SEND if the support provided by the service were to end. Some respondents identified a potential impact specifically on children with Communication and Interaction, Social Emotional and Mental Health, and Cognition and Learning needs. This is because children with sensory and physical disability needs will continue to be supported by in-house STLS which fulfils a statutory duty.

 

In terms of mitigating actions:

 

  • Age: the consultation specifically asks for feedback in relation to whether consideration should be given for funding early years and school age STLS differently, recognising the different impact that funding options might have on school versus early years settings. This feedback will be considered carefully when making recommendations about the service to mitigate the risk of a disproportionate impact on younger children.
  • Gender: recommendations regarding the future of the service will be considered in light of the responses to the consultation.
  • Disability: recommendations regarding the future of the service will be considered in light of the responses to the consultation.

 

Data Protection implications

Data protection implications will be considered as part of the implementation of the revised model.

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 05/02/2025 To allow 28 day notice period required under Executive Decision regulations

Lead officer: Christy Holden

Notice of decision: 07/01/2025

Anticipated restriction: Open


29/01/2025 - 25/00004 - Council Tax Collection Subsidies and Incentives

The Cabinet Member is asked to:

 

(a)  Review the current arrangement with collection authorities (district/borough/city councils) to provide financial support and incentive payment towards the cost of setting up and administering local Council Tax Reduction Schemes (CTRS)

 

(b)  Review the current arrangements with collection authorities to make an incentive payment to support removal of discretionary empty property discounts and charge empty property premiums

 

Reason for the decision

 

A commitment was made as part of 2024-25 budget agreement that £19.8m of savings will need to be made to replace the use of one-offs (reserves, capital receipts and time limited grants) it is essential that all areas of discretionary spending are reviewed.  This includes considering savings where the Council is willing to remove cross subsidy where there is no statutory requirement to provide support. The current arrangements with district councils to support council tax collection fall within this policy definition. 

 

 

Background – Provide brief additional context

 

The current arrangements to provide subsidies and incentives to collection authorities are a long-standing agreement following changes introduced under the Local Government Finance Act 2012 requiring collection authorities to introduce local Council Tax Reduction Schemes (CTRS) following the transfer of Council Tax Benefit (CTB) in 2013-124.  The Act also introduced additional flexibilities on exemptions, discounts and premiums on empty properties.  The original agreement on CTRS subsidies and incentives was due to be reviewed on a 3-year cycle, the first review was implemented in 2017 but there has been no further review other than to simplify schemes based on income bands

 

 

Options (other options considered but discarded)

 

-      Maintaining the current arrangements are not sustainable in the current financial climate with the urgent need to focus on statutory responsibilities   

-      All areas of discretionary spending, including spending where there is a mix of statutory and discretionary requirements and spending on statutory services where there is most scope to make local choices about levels of service provision

 

 

 

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

 

Framing Kent’s Future (FKF), the KCC Strategic Statement, was approved at County Council in May 2022 and sets out the council’s ambition and strategic priorities until 2026. FKF acknowledged the significant financial and demand pressures the council would be facing over the coming four years, whilst concurrently delivering an ambitious agenda for Kent residents, businesses, and local communities.

 

 

How the proposed decision supports Securing Kent’s Future

 

Securing Kent’s Future (SKF) included the objective to review policy choices and the scope of the Council’s ambitions in response to the financial challenges the council faces.

 

 

 

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision due date: Not before 27/02/2025 To allow the required 28 notice period on the published list of forthcoming executive decisions

Lead officer: Cath Head

Notice of decision: 29/01/2025

Anticipated restriction: Open


28/01/2025 - 25/00006 - Chilmington Green Secondary School Provision, Ashford

Proposed decision –

 

1) Allocate £2.5m of the Children’s, Young People and Education capital and revenue budgets to continue to deliver the policy objective of ensuring Chilmington Green Secondary School can move into its permanent buildings in the academic year 2025-26.

 

2) DELEGATE authority to the Director of Infrastructure in consultation with the Director of Education and SEND, the General Counsel and the Cabinet Member for Education and Skills to enter into any negotiations, contracts or contract variations that may be required. This includes enabling funding provided under this and previous related key decisions 21/00014, 22/00080, and 23/00057 to be used as a collective to deliver the policy objective.

 

3) DELEGATE authority to the Director of Infrastructure to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under any of these contracts and to take other relevant actions, including but not limited to entering into other contracts or legal agreements, as necessary to implement the decision.

 

 

Reason for the decision

 

The Council has consistently confirmed its commitment to ensuring the new secondary school at Chilmington Green, Ashford can move into its permanent buildings in the 2025-26 academic year.  Ongoing issues with the delivery of the utilities and the access road threaten achieving this policy commitment. Funding is required to ensure sufficient resources are available to achieve the objective, and to contingency plan for an alternative to ensure pupils on roll in September 2025 have access to school accommodation. 

 

Background

 

Three previous key decisions have been made in respect of the delivery of Chilmington Green Secondary School:

 

21/00014 – which provides funding to deliver the utilities and access road, and confirmation that contributions received from the developer to fund the build of the school will be passed to the Department for Education as it is forward funding the build of the school.

 

22/00080 – which provides the resources to provide a temporary school site and accommodation for the school to open in.

 

23/00057 – which provides funding to address issues covered by privileged legal advice.

 

Options (other options considered but discarded)

 

The Council had an agreement with Hodson Developments (Ashford) Ltd to deliver the road and utility infrastructure required to open the school.  For reasons covered in the exempt key decision 21/0014, this option has been discarded. 

 

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

 

The proposed decision supports priorities one and two of Framing Kent’s Future:

 

Commitment under priority one – Levelling up Kent:

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

Commitments under priority two – Infrastructure for communities:

  • Through our ‘Infrastructure First’ commitment we seek to ensure that new development provides the appropriate physical and social infrastructure necessary to support new and existing communities’ quality of life.
  • To help all Kent’s communities benefit from having a strong social fabric which underpins family, community and personal resilience.

 

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

 

The proposed decision is compliant with objective 3 of Securing Kent’s Future – the Council has made a policy choice to secure the opening of this school on its permanent site. The DfE are forward funding c£40m of capital investment, which is supporting the developer and the Council with their respective cash flow and in respect of the Council, to discharge its statutory responsibility of ensuring all children have access to a school place.

 

Financial Implications

 

The previous key decisions provide £8m towards the delivery of the school.  £2.9m of this is for the costs of temporary accommodation.  £3.1m is allocated as loan funding to the developer to provide the utility and road infrastructure and is to be repaid.  £2m is set aside to deal with issues covered by legal privilege and is expected to be recovered.

 

These decisions have created “pots” for specific activity.  An underspend against one Record of Decision (ROD) is not necessarily available to support pressure against a different ROD.  It is proposed that this changes, such that the totality of funding can be used to deliver the policy commitment.

 

A further £2.5m of revenue and capital funding is required to ensure the road and utilities can be delivered, and to provide for further temporary accommodation in the event this proves necessary.  The Council will seek to recover these costs as appropriate.

 

Detailed funding considerations and the wider financial impact will be set out in an Exempt Report.

 

The current Basic Need Capital Budget totals £168m (covering the period 2024-27) and will be impacted, at least in the short-term, whilst the legal responsibility for funding the additional costs is resolved and funds recovered. The Basic Need Capital Programme is managed as a series of projects and any additional funding requirement could require re-consideration of other planned activities. However, growing inflationary and other build cost increases including the increased risk of continued use of temporary accommodation supports the progression of this matter as quickly as possible to minimise greater financial costs being incurred.

 

The Education Service has a revenue budget line for temporary accommodation.  The costs of this proposed decision are expected to be prioritised in 2025-26. 

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 26/02/2025 To allow the required 28 notice period on the published list of forthcoming executive decisions

Lead officer: David Adams

Notice of decision: 28/01/2025

Anticipated restriction: Fully exempt  - view reasons


15/01/2025 - 25/00005 - Approval of the Integrated Work and Health Strategy for Kent and Medway

Proposed decision:

 

To approve the Integrated Work and Health Strategy for Kent and Medway on behalf of KCC, subject to approval from other partner organisations (Medway Council and Integrated Care Board).

 

Reason for the decision

Approval to develop the strategy has come from the Integrated Care System Leaders (from KCC, Medway Council and the Integrated Care Board (ICB)) and Kent and Medway Economic Partnership (KMEP) in response to national expectation and strong local support for the development of an Integrated Work and Health Strategy for Kent and Medway.

 

Background – Provide brief additional context

The interconnection between employment and health outcomes and inequalities is well-established and has previously been discussed by the Integrated Care Partnership (ICP). This is recognised in the Integrated Care Strategy which includes a shared priority to address the economic determinants that enable healthy lives, including stable employment and the commitment: “We will help individuals fulfil their potential by achieving secure employment through education and skills development and by supporting businesses.” The Kent and Medway Economic Framework which is owned by the Kent and Medway Economic Partnership (KMEP) also recognises the connection between economic prosperity and health and wellbeing. It includes an ambition to place economic opportunity at the centre of economic renewal and prosperity, recognising the “strong correlation between economic inactivity, ill health and multiple forms of deprivation.”

 

The focus of the Kent & Medway Strategy will be to integrate work and health support for employers and individuals by enabling local people with long term conditions and disabilities to start, stay and succeed in work so that the general health and productivity of the workforce can be enhanced, skills shortages can be addressed, and local businesses will be more able to increase productivity and grow. The strategy will enable key organisations in Kent & Medway to better understand the challenges that employers face with regard to long term health conditions and the issues that prevent people with health conditions from accessing employment opportunities and sustaining work. It will also ensure that the various strands of current and potential activity can be better coordinated to avoid duplication and ensure positive outcomes for local employers, residents and the local economy.

 

 

Options (other options considered but discarded)

Other options were not considered as there is a national expectation and strong local support for the development of an Integrated Work and Health Strategy for Kent and Medway.

 

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

The strategy being developed directly aligns with Framing Kent’s Future Priority 1: Levelling Up Kent commitments:

·       To support the Kent economy to be resilient and successfully adapt to the challenges and opportunities it faces over the coming years.

·       To work with partners to develop a skills system for Kent that delivers skills that are resilient to changing workforce needs and opportunities and supports people to higher level skills.

·       To see significant improvements in the economy, connectivity, educational attainment, skills and employment rates and public health outcomes in deprived communities in coastal areas so that they improve faster than the rest of Kent to reduce the gaps.

·       To work with our partners to hardwire a preventative approach into improving the health of Kent’s population and narrowing health inequalities.

 

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

The strategy is being developed using external funding secured for this purpose and it does not in itself commit KCC to further spend. The strategy aims to make a positive contribution to key health determinants (employment and income specifically) without which, individuals are more likely to require ongoing support from public health and social care services.

 

Financial Implications

The development of the strategy is being funded by the DWP/DHSC grant with support from relevant KCC and Medway Council officers as well as NHS colleagues. The strategy itself is not a funded strategy but with government announcements about the need for local ‘Health, Work & Skills plans’ and other potential initiatives around supported employment, it is anticipated that externally funded programmes will support the implementation phase of the strategy. Further details will be worked up in due course. If Kent and Medway pursue a Strategic Authority, this agenda is a clearly stated priority within the Skills and Employment, and Health, Wellbeing and Public Sector Reform ‘areas of competence’ of such an authority, and therefore new powers, opportunities or funding might reasonably be anticipated.

 

The future implementation of the strategy may bring about indirect longer term financial benefits for KCC in addition to reducing public sector spend on the ill -health prevention agenda. Programmes to help more people into work will support business growth and productivity which could lead to increased business rates receipts in Kent as companies grow and occupy new space. Similarly, additional council tax receipts could be generated if people are supported into the labour market reducing reliance on (housing) benefits.

 

Decision Maker: Cabinet

Decision due date: 22/07/2025 To allow the required 28 day notice period on the list of forthcoming executive decisions

Lead officer: Jenny Dixon-Sherreard

Notice of decision: 15/01/2025


15/01/2025 - 25/00003 - Disposal of land at Stanhope Road, Ashford TN23 5RA

Proposed decision: The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to:

 

1.    the disposal of land at Stanhope Road, Ashford TN23 5RA; and

 

2.    delegate authority to the Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, to finalise the terms of the disposal and execution of all necessary or desirable documentation required to implement the above.

 

Reason for the decision

The site is surplus to the Council’s operational requirements and due to its projected value, a Key Decision will be required in accordance with Kent County Council’s (KCC) Constitution.

 

Background

The land comprises a combination of former education buildings, the site of a former children’s centre (now demolished), car parking and open space. The buildings have been declared surplus by the Council as they are no longer required for operational purposes.

 

The Council intends to openly market the site, and advice provided from agents indicates that it is expected that the level of sales receipts to KCC will be in excess of the delegated threshold.

 

Options (other options considered but discarded)

-  Reuse the site

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

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

 

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

This decision supports Framing Kent’s Future 2022-2026 by raising capital for KCC to improve its ‘Infrastructure for Communities’ by investing in services, contributing to levelling up targets, and achieving its net zero targets.

 

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

This decision supports Securing Kent’s Future 2022-2026 by securing a capital receipt to invest in KCC’s priority projects and programmes whilst also streamlining KCC’s property portfolio, achieving financial and efficiency benefits.

 

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision due date: Not before 13/02/2025 To allow 28 day notice period required under Executive Decision regulations

Lead officer: Mark Cheverton

Notice of decision: 15/01/2025

Anticipated restriction: Part exempt  - view reasons


07/01/2025 - 25/00001 - Re-Commissioning of the Health Visiting Service (CYP 0 to 4 year's service) and Infant Feeding Support

Proposed decision:

 

APPROVE the development of new place-based Infant Feeding Support Services that align with the Health and Care Partnership areas from January 2026 onwards.

 

APPROVE amendments to the current Health Visiting Service specification from January 2026, particularly the approach to the delivery of the mandated antenatal contact.

 

DELEGATE authority to the Director of Public Health, in consultation with the Cabinet Member for Adult Social Care and Public Health, to exercise relevant contract extensions and enter into relevant contracts or legal agreements; and

 

DELEGATE authority to the Director of Public Health, to take other necessary actions, including but not limited to allocating resources, expenditure, and entering into contracts and other legal agreements, as required to implement the decision.

 

 

Background

 

Local authorities are responsible for using the Public Health Grant funding to commission and deliver health visiting services as part of the 0-19 years National Healthy Child Programme (HCP).  Health Visiting and infant feeding services are commissioned as part of KCC’s statutory responsibilities, which includes five mandated contacts.

 

Reason for the decision


The Kent Health Visiting Service, which includes the Specialist Infant Feeding Service and the Family Partnership Programme, is currently delivered through a co-operation agreement between KCC and Kent Community Health NHS Foundation Trust (KCHFT), which ends on the 31 March 2026. A recommissioning exercise is therefore in progress to agree the approach beyond the contract term. The recommissioning is part of the Public Health Transformation Programme.

 

In February 2023, KCC became one of 75 upper-tier local authorities to receive Family Hub and Start for Life funding. The Family Hub model supports the delivery of a range of services for children, young people and families, including health visiting and infant feeding. In November 2023, a local implementation model was agreed to join up and enhance services delivered through Family Hubs in Kent, ensuring all parents and carers can access the support they need when they need it.

 

This proposal aligns with the Family Hub model and supports implementation of the recently approved strategy, ‘Nourishing our next generation’, Kent’s 5-year infant feeding strategy (2024-2029).

 

Options appraisal

 

There has been a thorough options appraisal process. A full business case has been developed to arrive at the proposed service model which is outlined below.

 

How the proposed decision supports KCC Strategy 

 

Framing Kent's Future - Our Council Strategy 2022-2026  


Priority 1: Levelling up Kent

To work with our partners to hardwire a preventative approach into improving the health of Kent’s population and narrowing health inequalities.

 

By investing in the early years, Children will receive the best start in life contributing to KCC’s priority of Levelling up Kent – improving health and reducing health inequalities.

 

Priority 4: New Models of Care and Support

To reshape 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.

 

The re-commissioning of the Kent Health Visiting Service and the review process has involved engaging with stakeholders to develop the service model. The new service will embed a whole-family approach, tackling the underlying problems that might cause concern in a child’s family, such as domestic abuse, substance misuse and parental mental health

 

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

 

Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf 

 

The proposed changes to the Kent Health Visiting service support KCC’s duty for best value requirements.

 

Nourishing our next generation, Kent’s 5-year infant feeding strategy (2024-2029)

 

Financial Implications

 

The funding for contracts would be funded from the Public Health Grant and, should DFE confirm additional Start for Life grant funding beyond March 2025 for infant feeding, this would be used for additional activity within the contracts.

Contract values will be finalised follow a Provider Selection Regime compliant procurement process, including supplier negotiations, as applicable.

 

Contract values will be within the following maximum budgets available for these services;

·         up to £142,519,893 for a 5 year and 6-month contract for Health Visiting Service (including Specialist Infant Feeding Service and Family Partnership Programme (This includes an estimated uplift that will be applied to the contract subject to the allocation of the public health grant.)

·         up to £2,682,109 for a 3-year contract with a 2-year extension for a place-based infant feeding service.

 

The above values include an estimated uplift that will be applied to the contract subject to the allocation of the public health grant (with the exclusion of the first year). The uplift reflects the need to retain the workforce.

 

 

Decision Maker: Cabinet Member for Adult Social Care and Public Health

Decision due date: Not before 05/02/2025 To allow 28 day notice period required under Executive Decision regulations

Lead officer: Vicky Tovey

Notice of decision: 07/01/2025

Anticipated restriction: Open


24/12/2024 - 24/00124 - Family Hubs Year 4 Grant Award

Proposed Decision:

Cabinet Member for Integrated Children’s Services to:

 

 APPROVE, subject to review and assessment of any terms and conditions associated with the funding), the acceptance of the Year 4 Family Hub grant award; and the deployment of the grant funding in accordance with the grant conditions and the adopted service model..

 

Reason for the Decision:

 

Within the Autumn Budget the Chancellor of the Exchequer announced a further year of funding for existing Family Hub authorities. A series of Key Decisions by the Cabinet Member for Integrated Children’s Services accepted the original transformation grant funding for FAMILY Hubs and adopted our new Family Hub service model.

 

The existing Key Decisions do not extend beyond the initial transformation period which end on 31 Mach 2025. Therefore, a new Key Decision is required to accept the additional year of grant funding and to utilise that funding in line with the service model adopted under the Family Hub Model Key Decision.

 

 

Background

 

In October 2022 the Cabinet Member for  Integrated Children’s Services took decision 22/00094 and Kent County Council (KCC) signed the Memorandum of Understanding (MOU) with the Department for Education (DfE) which accepted the initial 3-year transformation grant funding. This decision set out the requirement for the development of detailed proposals, public consultation and appropriate governance ahead of a further Key Decision on the Family Hub model.

 

In November 2023, after the development of detailed proposals, public consultation and appropriate governance, KCC Cabinet took decision 23/00092 to implement the Family Hub model across the county.

 

 

Options (other options considered but discarded)

The option to not take accept the grant money has been considered. If the announcement related to the specific amount of money to be allocated to each Local Authority and the conditions on how the grant is to be used is made in quarter 4 of financial year 2024/25 (i.e. in February 2025) it will likely impact on the Local Authority’s ability to mobilise resources to implement additional service requirements or procure services. This in turn, will pose a risk to the delivery of services and cause a reputational risk for Kent County Council.

 

While understanding the risks associated with a late announcement we have discounted the option of not accepting the additional funding in recognition that children, families and communities in Kent will benefit from additional support.

 

Final determination of whether the funding can and should be accepted would be dependent on the terms and conditions associated with the funding – these will be reviewed at the point of decision.

 

 

Decision Maker: Cabinet Member for Integrated Children's Services

Decision due date: Not before 22/01/2025 To allow 28 day notice period required under Executive Decision regulations

Lead officer: Dan Bride

Notice of decision: 24/12/2024

Anticipated restriction: Open


24/12/2024 - 24/00112 - Fee Uplifts for Adult Social Care Providers for 2025/2026

Proposed decision:

Approve the fee uplifts for Adult Social Care Providers for 2025/2026 and delegate authority to the Corporate Director Adult Social Care and Health to take relevant actions, including any changes to the percentage uprates, as necessary to implement the decision

 

Reason for the decision:  We uplift our fees in line with our contract terms and in order to fulfil our duty to ensure a reasonable supply of good quality care.

 

We are cognisant of the impact of changes announced in the budget on the increase in the National Living Wage (6.7%) and changes in employers National Insurance Contributions, which combined with the National Living Wage adds upwards of 9% to the costs of employment. The local government settlement does not take account of the impact of these cost increases on the adult social care provider sector. The additional £680m funding for social care does not come close to meeting the full impact of these changes.

 

The detail of the uplift proposals will be set out in the formal decision report , which cannot be finalised until after we have received the local government finance settlement which will not be received before 19 December 2024.

 

The County Council has met with providers to discuss the impact of these changes and has worked together with Kent Integrated Care Association to lobby the Government for proper funding.

 

Direct Payments will be handled separately depending on the purpose of the payment.

 

The decision supports Priority 4 of ‘Framing Kent’s Future’, to ensure the sufficiency of the market of social care in Kent and objective 2 of Securing Kent’s Future to set a sustainable budget and meet our Best Value duty.

 

Other Options Considered and Discarded

 

Apply differing standard percentage uplifts applied to specified framework contracts according to the services provided. We rejected this option given the funding envelope available and the need to try to sustain the wider market, not just those on our framework contracts.

Apply no uplifts across all services: this was discarded, because although we cannot meet providers’ expectations, we have to do what we can within our constrained resources to support providers with their challenges.

Apply standard percentage uplift across all service provisions: This was rejected because it would not recognise the differential impact between providers with differing fee levels.

 

The proposal will be based on allocating the available funds to try to maximise the benefit and secure stability in the care markets.

 

Decision Maker: Cabinet Member for Adult Social Care and Public Health

Decision due date: Not before 22/01/2025 To allow 28 day notice period required under Executive Decision regulations

Lead officer: Richard Ellis

Notice of decision: 24/12/2024

Anticipated restriction: Open


17/12/2024 - 24/00107 - Disposal of land adjacent to Stourmouth Road, Preston, CT3 1HP.

Proposed decision: The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to:

 

1) the disposal of the property – land adjacent to Stourmouth Road, Preston CT3 1HP; and

 

2) delegate authority to the Director of Infrastructure, in conjunction 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 to implement the above.

 

 

Reason for the decision

The site is surplus to the Council’s operational requirements and due to its projected receipt, a key decision will be required as per Kent County Council’s (KCC) constitution.

 

Background

The site comprises a strip of verge land adjacent to the highway and adjoining Stourmouth Road on the outskirts of the village of Preston, which has been declared surplus by the Council as it is no longer required for operational purposes.

 

Since the Council has no use for the land, it intends to dispose of it and a recent valuation of it indicates that a key decision is required.

 

Other options considered

As the site is no longer required for its former use other options were considered:

·        reuse by another service.

·        continue to hold the site vacant in case of a future requirement.

·        dispose of the site – this is the recommended option.

 

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

A disposal will provide investment capital and savings that can be directed for spend on KCC’s priorities as set out in the Strategy.

 

How the proposed decision supports the Securing Kent's Future

The disposal will secure a capital receipt to invest in KCC’s priority projects and programmes whilst also streamlining KCC’s property portfolio, achieving financial and efficiency savings

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision due date: Not before 15/01/2025 To allow 28 day notice period required under Executive Decision regulations

Lead officer: Mark Cheverton

Notice of decision: 17/12/2024

Anticipated restriction: Part exempt  - view reasons


13/11/2024 - 24/00096 - Commissioning Plan for Education Provision in Kent 2025-29

Proposed decision:

To agree the Commissioning Plan for Education Provision in Kent 2025-29

 

 

Reason for Decision and Background

Kent County Council (KCC), as the Local Authority (LA), has a statutory duty to ensure sufficient school places are available. The County Council’s Commissioning Plan for Education Provision in Kent 2025-29 (KCP) is a five-year rolling plan which is updated annually. It sets out our future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent.

 

The Plan sets out how we will carry out our responsibility for ensuring there

are sufficient high quality places, in the right places for all learners, while at the same time fulfilling our other responsibilities to raise education standards and promote parental preference.  The Plan details the expected future need for education provision, thereby enabling parents and education providers to put forward proposals as to how these needs might best be met.

 

This Plan reflects the dynamic and ongoing process of ensuring there are sufficient places for Kent children in schools, and other provisions.  It is subject to regular discussion and consultation with schools, district/borough councils, KCC (Kent County Council) Elected Members, the diocesan authorities, and others.  The content of this Plan reflects those discussions and consultations.

 

Options

The KCP sets out the principles by which we determine proposals, and it forecasts the need for future provision. It also sets out in more detail, plans to meet the commissioning needs which arise in each district and borough in Kent during the next five years.

 

Decision Maker: Cabinet

Decision due date: 30/01/2025 Decision-making Executive committee

Lead officer: Nick Abrahams

Notice of decision: 13/11/2024

Anticipated restriction: Open


23/10/2024 - 24/00090 - Formal Lease for Electricity Sub Station at the proposed replacement school site at Crete Hall Road, Northfleet, for Rosherville Church of England Primary School

Proposed decision:

 

TheDeputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to:

 

1.     authorise the granting of a Lease in excess of 20 years to UK Power Networks in order that a new electricity substation can be built within the grounds of the school, to serve the newly built development for operational educational requirements; and

 

2.     delegate authority to the Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to take necessary actions, including but not limited to entering into relevant contracts or other legal agreements, as required to implement this. 

 

Reason for the Decision:

The granting of a Formal Lease in excess 20 years requires a Key Decision in accordance with the County Council’s Constitution (Property Management Protocol).

 

Background:

Due to considerable residential development in the locality, pupil roll numbers have increased. This has necessitated the expansion and relocation of Rosherville Church of England Primary School. Kent County Council is currently building a new school on land acquired under a Section 106 Agreement.

 

In order that an adequate electricity supply can be provided to the new facility, it is necessary for a new electricity substation to be provided on site by UK Power Networks.

 

The proposed new substation will serve the school only and no other properties.

 

For consistency with other leases granted on operational school sites to UK Power Networks and similar Statutory Undertakers, a lease of 99 years will need to be granted for the provision and operation of the new substation.

 

Options Considered :

No other options were considered as the new facility cannot be operated without adequate electricity supply. The substation is necessary to ensure the development can be completed and brought into use.

 

 

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026: The decision will enable the provision  and operation of a brand new School. This supports KCC's commitment to maintaining its strategic role in supporting schools in Kent to deliver accessible, high-quality education provision.

 

Infrastructure for communities will be improved by the new substation, using modern materials and technologies associated with prevailing substation design and construction and protected for long term use by the presence of a long lease.?

 

Environmental Step Change objectives will also be achieved, as the proposed lease will compel the operator to use sustainable materials and reduce any carbon emissions compared to the existing substation, which will help the County Council achieve its Net Zero targets.

 

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

 

The decision supports Securing Kents Future 2022/26 strategy budget recovery since the land on which the new school is being built has been provided under a s106 and so there will be no requirement for KCC to fund the land acquisition.

The Sub Station necessary to power the school will be supplied at no cost to KCC other than cost for the preparation of the leases etc.

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision due date: Not before 21/11/2024 To allow 28 day notice period required under Executive Decision regulations

Lead officer: Matthew Edwards

Notice of decision: 23/10/2024

Anticipated restriction: Open


13/08/2024 - 24/00074 - Ukraine Co-operation

Proposed decision

 

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

 

 

Reason for the decision

 

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

 

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

 

The decision does not authorise the commitment of KCC resources.

 

Background – Provide brief additional context

 

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

 

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

 

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

 

 

Options (other options considered but discarded)

 

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

 

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

 

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

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

 

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

 

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

 

Decision Maker: Leader of the Council

Decision due date: Not before 21/08/2024 To allow 5 day notice period required under Executive Decision regulations

Lead officer: Joel Cook

Notice of decision: 13/08/2024

Anticipated restriction: Open


26/06/2024 - 24/00062 - Implementation of Standardised School Led Home to School Transport Offer for all Home to School Transport

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.

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 25/07/2024 To allow 28 day notice period required under Exeuctive Decision regulations

Lead officer: Craig Chapman

Notice of decision: 26/06/2024

Anticipated restriction: Open


23/04/2024 - 24/00025 - Expansion of Northfleet Technology College, Colyer Rd, Northfleet, Gravesend, DA11 8BG

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.

 

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

 

  1. 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

 

  1. 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.

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 22/05/2024 To allow 28 day notice period required under Exeuctive Decision regulations

Lead officer: Ian Watts

Notice of decision: 23/04/2024

Anticipated restriction: Open


04/03/2024 - 24/00008 - Special Educational Needs - Therapy Contracts

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:

  • Direct Award processes (A, B, and C). These involve awarding contracts to providers when there is limited or no reason to seek to change from the existing provider; or to assess providers against one another, because:
    • the existing provider is the only provider that can deliver the health care services (direct award process A)
    • patients have a choice of providers and the number of providers is not restricted by the relevant authority (direct award process B)
    • the existing provider is satisfying its existing contract, will likely satisfy the new contract to a sufficient standard, and the proposed contracting arrangements are not changing considerably (direct award process C).
  • Most Suitable Provider
  • Competitive Process

 

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.

 

Decision Maker: Cabinet Member for Education and Skills

Decision due date: Not before 02/04/2024 To allow 28 day notice period required under Exeuctive Decision regulations

Lead officer: Christy Holden

Notice of decision: 04/03/2024

Anticipated restriction: Open


13/03/2023 - 23/00030 - Implementation of an independent Construction Consultancy Services Framework to support the implementation and delivery of the Capital Works Programmes

Proposed decision:

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

              Lot 1 – Multi-discipline (client delegated duties)

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

              Lot 3 – Supervisor

              Lot 4 – Technical Advisor

              Lot 5 – Construction Design and Management Advisor

 

Reason for the decision

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

 

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

 

Options

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

              Insource of consultancy provision.

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

              Establishing a new Construction Consultancy Framework.

 

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

 

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

 

How the proposed decision supports the Interim Strategic Plan

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

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

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

              Supporting the KCC Corporate Estate maintenance programme.

              Supporting the KCC Education Estate maintenance programme.

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision due date: Not before 11/04/2023

Lead officer: James Sanderson

Notice of decision: 13/03/2023

Anticipated restriction: Part exempt  - view reasons


09/09/2021 - 21/00076 - Provision of Community Support Services for Disabled Children and Young People - Outcome of Procurement Process

Proposed decision –

 

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

 

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

 

Further information –

 

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

 

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

Decision Maker: Cabinet Member for Integrated Children's Services

Decision due date: Not before 08/10/2021

Division affected: (All Division);

Lead officer: Christy Holden

Notice of decision: 09/09/2021

Anticipated restriction: Open


20/09/2017 - 17/00094 - Disposal of Land East of Great Chart Primary School, Singleton

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

Decision Maker: Cabinet Member for Corporate and Democratic Services

Decision due date: Not before 18/10/2017 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Lead officer: Roderick Lemerle

Notice of decision: 20/09/2017

Anticipated restriction: Part exempt  - view reasons