Reason for the decision

 

To deploy the Crisis Resilience Fund (CRF) to provide crisis support to low-income households facing financial shocks, and to invest in services that build financial resilience and strengthen local support networks. The CRF consolidates funding for crisis response and resilience, succeeding the Household Support Fund (HSF).

 

Background

Within the Spending Review in June 2025, the Chancellor announced continued investment to support low income households with the introduction of the Crisis and Resilience Fund (CRF) made available to local authorities in England to support low-income households who encounter a financial shock and to support activity that builds individual and community financial resilience,prioritising resilience services to households that have experienced a financial shock.

The Department for Work and Pensions (DWP) is introducing the CRF replacing the Household Support Fund (HSF) and incorporatingDiscretionary Housing Payments (DHP). The fund provides KCC with a multiyear, consolidated grant, enabling a more stable and preventive approach to supporting vulnerable residents.

The funding covers the period of 1 April 2026 to 31 March 2029 inclusive. This includes specified funding for housing support in the third and final year of delivery. In Year 1 and Year 2, Authorities are expected to maintain existing levels of spending on Housing Payments, using the financial year ending March 2026 allocations for DHPs as a guide. From Year 3, District Councils will no longer receive an allocation for The Fund. Instead, all the CRF funding will be distributed to Unitary Authorities.

The fund provides a consolidated, multi-year revenue grant to local authorities. It comprises of four components:

Crisis Payments,

Housing Payments,

Resilience Services, and

Community Coordination.

 

To meet with grant conditions applications for Crisis and Housing Payments must be accepted year-round and via accessible routes (e.g., online, phone, face-to-face). Local authorities retain discretion to define ‘low-income’ locally and to design delivery within national parameters.

 

Options (other options considered but discarded)

 

-      Decline or defer acceptance of CRF – rejected due to loss of funding and inability to meet statutory and strategic objectives.

 

-      Limit scope to Crisis Payments only – rejected as it would not secure long-term resilience outcomes and would risk repeat demand, including demand on statutory services and would not meet all of the four objectives set out by the DWP.

 

-      Deliver wholly in-house without partners – rejected as it would constrain reach and capacity; partnership working is recommended in guidance.

Financial Implications

An Officer ROD Decision OD/26/00005 has been taken, under the original key decision (21/00107) to accept this multi-year consolidated revenue grant allocated to the Council through the Local Government Finance Settlement has been taken .  The officer decision is to accept the grant. This proposed decision is to approve the framework for deployment and delivery of the grant. Multi-year CRF allocation as detailed above and within the funds received via the consolidated revenue grant (Local Government Finance Settlement).

Funding will be managed through existing financial governance frameworks including: Delegated authority for timely spend and alignment with grant conditions

KCC’s confirmed allocation:

Year 1 – 2026/27	£19.2m
Year 2 – 2027/28	£19.2m
Year 3: - 2028/29	£22.1m*

*£22.1m (which includes an estimated £2.8m for the consolidated contribution previously distributed to District Councils for Discretionary Housing Payments DHP)

 

Key changes (to HSF) and clarifications include:

 

·   Monthly payments to local authorities, with first payment due in April 2026, following acceptance of Officer ROD decision no: OD/26/00005

·      Housing Payment element replaces DHP within CRF scope.

·   Cash-first principle for Crisis Payments unless inappropriate (e.g., safeguarding, fraud risk). To ensure robustness to this advice, steps to enable residents to take more personal responsibility to help improve their own financial circumstances will be undertaken. This approach is designed to empower people to take charge of their own situation

·   This cash?first approach is the preferred option of the Department for Work and Pensions (DWP). However, local authorities have discretion to determine whether cash payments, vouchers, or alternative services are the most appropriate means of meeting an individual’s need.

·   Prohibition on blanket schemes targeted solely at free school meal eligible households; support must be needs-based.

 

Legal Implications

 

The Crisis and Resilience Fund is a ringfenced grant from the Department for Work [“DWP”] and Pensions replacing the Household Support Fund and Discretionary Housing Payments.

Funding must be used strictly in accordance with the scope of the guidance set by Government, and the terms and conditions of the grant. KCC will apply appropriate legal mechanisms as part of issuing or deploying any grant monies to ensure any partners or third parties in receipt of grant funding remain compliant.

-       Acceptance and deployment of CRF will be underpinned by the grant determination issued under Section 31 of the Local Government Act 2003 and associated guidance

-       Contractual arrangements may require procurement activity for voucher platforms or closed loop systems. Third Party Agreements, where funds may be distributed through partners, (e.g charities, voluntary sector) must be specific, legally binding and ensure compliance with the main DWP grant conditions.

-       Implementation requires robust data sharing agreements, particularly if working with third-party partners to distribute funds, ensuring compliance with GDPR

-       Robust, auditable evidence for all decisions on awards is required because KCC is accountable to the DWP.

Equalities implications

 

Projects undertaken using this funding will conduct a full EQIA, and equalities implications will be reviewed as work progresses.

-       An Equality Impact Assessment (EQIA) has been completed for the service. Current evidence suggests there is no negative impact, and this recommendation is an appropriate measure to advance equality and create stability for vulnerable people experiencing financial hardship.

-       Early consideration indicates potential positive impacts for low-income households; any risks will be mitigated through targeted design and accessible routes.

 

Data Protection implications

 

-       A Data Protection Impact Assessment (DPIA) is in progress, with the initial screening process which will inform the scope of the full assessment. All programme components involving the processing of personal data, including application platforms, data flows, and any data?sharing arrangements with delivery partners will undergo DPIA consideration. Where a full DPIA is required, it will be finalised prior to implementation of the relevant component. All processing activities will be undertaken in accordance with UK GDPR, the Data Protection Act 2018, and the Council’s Information Governance and Data Protection policies, with emerging requirements captured through ongoing governance and change?control processes.

-        

 

How does the proposed decision align to the Council’s; Strategic Statement:

 

Reforming Kent

 

CRF is effectively a delivery mechanism for several of the core ambitions in Reforming Kent. The alignment is evident in four main ways.

 

Reforming Kent focuses on helping residents in crisis whilst also delivering innovative cross-cutting projects across teams and organisations to reduce longer-term dependency and demand whilst improving outcomes by encouraging personal responsibility.

Prevention and demand reduction

Reforming Kent emphasises preventing problems before they escalate into high?cost statutory interventions. CRF explicitly aims to reduce crisis escalation, homelessness, and repeat emergency demand by intervening earlier and more holistically through resilience provision.

Targeting inequality and vulnerability

The strategic statement focuses on narrowing inequalities and protecting the most vulnerable. CRF is explicitly needs?based, targeted at low?income households experiencing financial shocks, and designed to improve fair access to support across the county.

Community?based, joined?up delivery

Reforming Kent stresses stronger local partnerships and community resilience. CRF supports  community coordination, referral pathways, hubs, and digital tools that create a more connected local welfare landscape, rather than fragmented crisis responses.

Administering schemes across all of Kent whilst building in the ability to utilise some of the funding for smaller, more bespoke projects tailored to the diverse needs of different localities be they urban, coastal or rural, more deprived or more affluent. This includes providing sensitive budgeting support, such as helping households review and audit discretionary (nonessential) expenditure when money is tight, to ensure essential needs are prioritised without judgement. 

Best value and financial sustainability

The strategic statement prioritises best value and long?term financial sustainability. CRF is framed as supporting this by reducing reliance on high?cost interventions, embedding governance arrangements, and aligning with existing financial oversight models.

How this is being used internally

The link between Reforming Kent and CRF is already being applied in practice:

CRF documentation explicitly references alignment with KCC Business Plan priorities and Corporate Equality Objectives, which sit under the Reforming Kent umbrella.

 

Discussion forums and meetings (for example CRF and CRF District Meeting Catch Ups) are focused on how CRF delivery models support longer?term reform rather than shorter term solutions.

 

Proposed decision:

 

To agree that KCC will act as the commissioning authority for the Strategic Partner arrangements to support all Kent Councils in progressing LGR implementation.

 

To agree that Kent County Council will hold any MHCLG Local Government Reorganisation funding received on behalf of Kent councils, to be used solely for LGR transition and implementation activity.

 

Delegate authority to the Chief Executive to undertake and conclude any relevant commissioning and procurement processes necessary to implement this decision, and to oversee and approve the use of MHCLG funding in line with agreed governance arrangements.

 

Reason for the decision

To support councils in Kent and Medway transition to new Unitary Council(s), following the Ministerial decision July 2026, Kent and Medway councils have requested that Kent County Council act as lead procurement authority for securing a strategic partner to support implementation from the Ministerial decision to vesting day April 2028.For the Kent LGR Programme, the transition period are Phases:

 

• Phase 3: Foundational (Decision, July 2026 to Shadow Elections, May 2027)
• Phase 4: Readiness (Shadow Elections, May 2027 to Vesting Day, April 2028)

 

This decision is required now to ensure that appropriate support is in place as soon as the government decision is made, enabling councils to progress implementation at pace and in a coordinated way.

 

Background

In February 2025 the then Minister for Local Government invited Councils in Kent and Medway to submit proposals for local government reorganisation (LGR).After submitting a joint interim proposal in March 2025, Leaders were given a deadline of 28 November 2025 to submit final business cases on reorganisation. Leaders in Kent and Medway ultimately submitted 5 business cases on 28 November 2025.

 

A Ministerial decision is expected by 16 July 2026. Ministers will decide whether to implement any of the submitted proposals, and with or without modification, based on the criteria, consultation responses, and other relevant information, with final agreement made collectively across government.

 

In advance of the Ministerial decision, councils are working collaboratively through a shared governance and programme framework to prepare for implementation. Once a model is chosen, Kent and Medway councils will be required to move immediately into a complex and time?critical implementation phase leading up to vesting day in April 2028. This will involve the need for immediate access to specialist support to manage transition activities across multiple workstreams, including programme management, finance, workforce, service transformation, systems, and governance.

 

Any approved option would represent the largest and most complex reorganisation undertaken in England, involving up to 14 existing councils (1 County Council, 1 Unitary, and 12 District / Borough Councils), covering a population of 1.9 million people.

 

Kent and Medway councils therefore have asked Kent County Council to act as the lead commissioning authority to procure the Strategic Partner. Procuring a Strategic Partner provides a flexible and scalable way to secure this expertise collectively, aligned to the agreed programme structure and priorities currently in place. The Strategic Partner will provide specialist programme, financial, service disaggregation, and assurance support to help councils collectively manage the scale, complexity and pace of transition, to help while councils protect business?as?usual services.

 

Options (other options considered but discarded)

Deliver implementation using internal council capacity only

This option was discounted as councils do not have sufficient capacity or specialist expertise available to deliver LGR implementation at the required pace and scale without creating unacceptable risk to core service delivery. The complexity of reorganisation in Kent and Medway, including its size and the number of councils involved, exceeds what could reasonably be managed through existing resources alone.

 

How the proposed decision supports the Council’s Strategic Statement

 

This decision directly aligns with Reforming Kent objective 4 priorities and commitments:

• We will continue to push Government to ensure that residents interests are at the heart of LGR and that the resident voice is embedded in our proposals through local networks.
• Engage with all Kent and Medway councils transparently and respectfully throughout the LGR process, even where we disagree on LGR proposals, so all partners act in the best interests of Kent and Medway residents.
• Ensure that continuity of service provision and service quality is not put at risk by any LGR proposals, either through the development of LGR proposals, or through the implementation of any changes imposed on Kent by the Government.

 

Financial Implications

The total value of the Strategic Partner contract is not yet confirmed. While consultancy and strategic partner services have been procured previously, the scale and volume of work required for a reorganisation of this size, diversity and complexity has not been delivered for a council arrangement of this kind. It is anticipated that the total cost will exceed £1 million and therefore will meet the Key Decision criterion.

 

To support transition to new Unitary Council(s), Kent and Medway councils are procuring a Strategic Partner to provide implementation support from the Government’s decision (expected July 2026) through to vesting day for the new Unitary Council(s) (April 2028).

 

Kent and Medway Chief Executives have agreed an apportionment methodology, designed by the Kent Finance Officers Group, for sharing the costs of transition to establish new councils. This has been formalised through a Memorandum of Understanding signed by all 14 councils, supported by letters of assurance and comfort from all Chief Executives.

 

The methodology apportions pre?implementation costs up to vesting day and averages cost shares using population and taxbase, as set out below:

 

• Between Unitary and Two-Tier area 50% by 2024-25 Taxbase and 50% Population Estimate
• In the two-tier area between County and Districts by 80%:20%
• Between Districts and Boroughs 50% by 2024-25 Taxbase and 50% by Population Estimate

 

On 16 February 2026, MHCLG announced an additional £63 million nationally to support the next phase of reorganisation. On 25 March 2026, as part of decisions in DPP areas, MHCLG confirmed that this funding would be allocated to areas on a basis of £900,000 per new unitary authority. Depending on the number of new unitaries the Minister establishes in the summer, Kent and Medway are therefore expected to receive between £900,000 and £4.5 million.

 

MHCLG advised that this funding would be paid to the council whose Chief Executive is designated as the Senior Responsible Officer (SRO) for the relevant new unitary footprint. However, MHCLG has indicated that this arrangement is negotiable, and Kent and Medway councils have made clear their preference for the funding to be received jointly into a shared programme funding pot hosted by KCC.

 

If the MHCLG funding is still paid directly to individual councils, the Memorandum of Understanding agreed by all Kent and Medway authorities still requires that such funding is transferred to KCC, which will continue to hold and manage the funding on behalf of the 14 Councils.

 

It is therefore proposed that MHCLG funding allocated to Kent and Medway will be used to meet the costs associated with procuring and engaging the Strategic Partner and will require no spend from the Councils budgets for 2026-27. This is further supported by paying the Strategic Partner in instalments during the length of the contract, subject to the Strategic Partner achieving agreed contractual milestones and Key Performance Indicators.

 

Proposed decision –

 

The Deputy Leader to agree to:

 

1)    The establishment of a condition survey programme to ascertain the current condition status of property assets within the Council’s education and corporate estate and inform future decision taking; and

 

2)    Delegate authority to the Director of Infrastructure to take necessary actions, including but not limited to, entering into contracts and other legal agreements as required to deliver the programme in line with approved budgets.

 

 

Reason for the decision

 

An up to date understanding of the condition of the Council’s estate Schools (circ 350) and Corporate (circ 360) is essential to:

 

·inform capital and revenue investment prioritisation, resource and risk allocation

· 

·provide assurance in respect of compliance and health and safety risks

· to identify maintenance issues before they become major, expensive repairs supporting a proactive approach rather than a reactive approach – therefore reducing the risk of building closures.

·inform depreciation and insurance assumptions

·ensure that current condition assessments are available to inform budgeting returns to central government (such as the Department for Education for schools)

· ensure that Kent is in the best possible place to respond to any funding programmes that may be available

 

Current condition data will also support wider asset management objectives by enabling maintenance backlog to be factored into business cases for better outcomes.

 

In addition, robust condition information will strengthen the Council’s ability to seek external funding by clearly evidencing the scale and nature of the maintenance backlog.

 

Total expenditure over the life of the programme with individual contractors may exceed £1m and therefore a key decision is being sought in line with the Council’s constitution. Any expenditure will come from existing approved budgets.

 

Background

 

The Council’s most recent condition surveys were undertaken in 2021/22. While these surveys informed previous decision making and helped quantify elements of the maintenance backlog, the data is now outdated to support effective analysis, returns to central government and securing funding that may be available.

 

The proposed surveys will be delivered in accordance with a detailed Council defined specification, aligned to central government best practice. This will allow for greater efficiency when preparing reports, and lead to better decision-making capabilities and inform resource allocation.

 

The specification will also enable direct integration with the Council’s asset management system, ensuring information is readily accessible and usable.

 

Options (other options considered but discarded)

 

Option 1:Do nothing

The Council would continue to rely on outdated information, contrary to estate management best practice and the expectations of the DFE in relation to schools This would increase the risk of inefficient capital prioritisation, the risk associated with failure to identify building deterioration through the condition programme  ( including compliance, defects and health and safety risks arising from this)  which can lead to unplanned building closures within short term– not recommended.

Option 2: Ad hoc or tender for single supplier

This would risk inconsistent data formats, increased administrative burden for system uploads, and reduced comparability of results. Given the size and geographic spread of the estate, a single supplier is unlikely to have sufficient capacity to deliver the programme within required timescales - not recommended.

 

Option 3:Procure condition survey’s via multiple contractor’s via PA23 / PCR compliant routes

Allows efficient compliant route to market via tested frameworks and existing contractual arrangements. This approach enables the Council to define a consistent specification and reporting format, ensures data comparability and system integration. By working with multiple pre-qualified contractors, the Council is able to ensure value for money, consistency of return and enable delivery at pace – recommended option.

 

How the proposed decision supports the Council’s Strategic Statement

 

This decision directly supports the ambitions set out in the Reforming Kent 2025–2028 Strategic Statement by strengthening the Council’s ability to manage its property estate efficiently, reduce unnecessary financial pressures, and improve the resilience of services relied upon by Kent residents.

 

A structured condition survey programme will provide accurate and up to date asset data, enabling evidence-based decisions that reduce the risk of costly unplanned closures, support early intervention and prevention, and secure best value for money.

 

The proposal aligns with the administration’s focus on efficiency, improved infrastructure, and ensuring visible services are properly maintained through planned rather than reactive investment, whilst allowing greater integration of information within the Council’s asset management systems. The proposal supports the strategic aim of reforming the Council to operate with stronger financial control, better productivity, and a renewed focus on delivering reliable, high-quality services for the residents of Kent.

 

 

 

Proposed decision –

 

The Deputy Leader to:

 

1. APPROVE a programme of surplus assets proposed for disposal in 2026/27, and;

 

2. DELEGATE authority to the Director of Infrastructure, in consultation with the Deputy Leader and relevant Cabinet Members as required, to agree all necessary disposal terms and enter relevant contracts.

 

Reason for the decision

Given the scale, financial materiality and strategic impact of the proposed annual disposals programme, approval is required at Cabinet Member level to ensure appropriate democratic accountability, alignment with the council’s Asset Management and Financial Strategies, and compliance with fiduciary and governance requirements. Officer delegation will be used for implementation within the approved parameters. Agreeing the programme provides wider context and transparency whilst also giving improved the efficiency and pace to the disposal process. This approach strengthens democratic accountability and KCC’s control environment.

 

Background

Kent County Council uses property assets to support delivery of its services. Once property assets are no longer needed and declared surplus, the Council has a fiduciary responsibility to mitigate holding and management costs in respect of the property it holds. Where assets are declared surplus, KCC will dispose of its freeholds in line with its statutory duty and the receipts are used to fund its capital programme and medium-term financial strategy.

 

In recent years, the scale of the capital programme has delivered over £20m annually.Historically, KCC has taken individual Member decisions for each asset disposal where formal approval was required (Constitution requirement where estimated receipt likely over £1m) and then the decision delegated to the Director of Infrastructure to agree final terms. The scale, frequency and strategic role of disposals have evolved, and the historic approach no longer provides the most effective governance framework.

 

To note, individual disposal decisions will still be brought to Members in accordance with the Property Management Protocol as set out the Councils Constitution. In addition, a progress report will be brought to the committee on a bi-annual basis to update on the status of the programme.  Should any asset, not listed in the programme be brought forward that is expected to have a value greater than £1million, this will subject to a separate key decision process.  

 

In conclusion, this wholesale programme approach will:

 

·   Avoid duplication of decision-making effort

·   Provide a clearer view of financial and strategic impact at the outset

·   Improve the ability to take a whole portfolio view

·   Overall quantum, risk and dependencies are better understood

·   Clearer visibility of the implementation of KCC’s Asset Management Strategy

·   Endorsement of the strategic direction of travel with clearer accountability and Audit trail.

 

The report will identify all assets currently being considered for inclusion. These may be assets already declared surplus or may likely be declared surplus during the year subject to further consideration.

 

Options (other options considered but discarded)

 

Option 1 – Progress with a programme approach to disposals - Recommended

 

Option 2 - Consider disposals on a piecemeal basis - Discounted

 

Option 3 – Cease the delivery of the Disposal programme - Discounted

 

How the proposed decision supports the Council’s Strategic Statement

The proposed annual Disposals programme directly supports the Council’s Strategic Statement, ‘Reforming Kent 2025–2028’, by enabling a more strategic, transparent and disciplined approach to asset management. It supports organisational reform, improves value for money, strengthens financial sustainability, and ensures that the Council’s estate is aligned to service need and in the best interests of Kent residents.

 

The proposed decision supports the Council’s Strategic Statement by raising capital for reinvestment in KCC services as set out in its Medium-Term Financial Plan whilst also streamlining KCC’s property portfolio.

 

Proposed decision –

To approve Kent County Council’s approach to photovoltaic (PV) generation

 

Reason for the decision

 

-      To update the 2014 position statement ‘Development of Large-Scale Solar Arrays’ to provide guidance to applicants, communities, and district councils to help support well designed and appropriately sited solar installations across Kent.

 

Background

 

KCC considers that Solar Developments:

 

(a)  Should be well-designed and appropriately located, which is consistent with its commitment to protecting valued landscapes, habitats, heritage, and agricultural land.

 

(b) Require careful consideration and should not be located on Best and Most Versatile (BMV) agricultural land (grades 1 to 3a). 

 

KCC does not support applications for ground mounted solar arrays that do not have a grid connection secured with the Distribution Network Operator (DNO)/National Grid Electricity Transmission (NGET) at the time the application is submitted.

 

KCC acknowledges that co-located Battery Energy Storage Systems (BESS) storage is generally necessary to make solar farms viable; however, KCC does not support grid-scale BESS.

 

KCC considers that BESS should only be co-located if “a” and “b” policy positions above are satisfied, and that safety measures are in place including minimum 25m separation distances, emergency access, fire?fighting provision and an Emergency Response Plan.

 

Options (other options considered but discarded)

 

-      Retract, without replacing, the 2014 position statement ‘Development of Large-Scale Solar Arrays’.

-      KCC to have no position statement on solar development.

 

How the proposed decision supports the Council’s Strategic Statement

 

-      Stand firm against excessively large housing and solar farm developments.

-      Protecting our land from excessively large solar farms.

-      Push back on inappropriate solar farm development planned for Kent which is threatening the character of many local communities.

 

Proposed decision –

 

To increase the price of the Kent Travel Saver bus pass scheme by £35 per annum for all fee paying customers. 

 

Reason for the decision

 

-      To ensure the Kent Travel Saver scheme remains sustainable and deliverable within the Council’s medium?term financial planning assumptions, by addressing inflationary cost increases and supporting value for money aligned to the Strategic Statement.  

 

Background

 

-      The KTS scheme has been in operation since 2007 and offers subsidised travel on bus services across the county for students aged between 11-16 to support their access to education or work based learning.

 

-      There are currently circa 23,000 passes issued to eligible scheme users with users paying varying amounts subject to their status. The cohorts accessing the scheme and the amount they currently pay for their pass are:

 

o   Full payers (£580 per annum) 

o   Those on low-income (£135 per annum)

o   Those in care (Free)

o   Young carers (Free)

o   Care leavers (Free)

o   Sibling offer- families with 3 or more children (Free for any 3^rd and 4^th pass)

 

 

-   The scheme supports many of KCC’s key functions in enabling school aged children to access education and to support corporate parenting pledges by reducing the cost of bus travel against operator fares and offers an enhanced subsidy for Low Income Households and those in care or those identified as young carers and care leavers.

 

-      The number of pupils accessing the scheme has increased by 16% in the last three years, largely in the Low -Income and Free cost pass cohorts.  In turn, the number of Travel Saver journeys made has increased and coupled with an increase to the costs of reimbursement, this has increased the cost of providing the scheme. 

 

-      The scheme operates as a concessionary travel scheme, working to the same principles as the English National Concessionary Travel Scheme (the older and disabled persons pass).   The framework which all schemes have to operate in demands that Travel Saver reimburses bus operators reflecting the cash fare that they would otherwise have received from the passenger working to a principle that ensures that bus operators are left “no better and no worse off” financially as a result of the scheme.   Essentially, every journey made using a Travel Saver pass attracts a cost to KCC. 

 

-      Application fees paid by families represent a contribution to scheme costs.  The cost of providing the scheme exceeds income received through the application fees and costs have to be reviewed annually to ensure that the scheme remains sustainable within KCC’s budget when also having to account for expected inflationary increases to scheme costs, largely linked to the increased costs of reimbursement.   Despite continuing to use Government Bus Funding to keep pass costs as low as possible, this does mean that typically pass costs have to increase to keep pace with industry inflation.  

 

-      Although over time, it has proven necessary to increase the contribution made by passholders though the application fee, even when accounting for this increase, a full cost pass will equate to £3.15 per school day / £1.57 per journey and a reduced cost pass will cost £0.87 per school day / £0.43 per journey.   This is considered to continue to represent excellent value for money against the cost of operator provided season tickets which in many instances would cost over £1,000 per annum. 

 

Options (other options considered but discarded)

 

-      Greater cost increase to the full payers and low income cohorts but rejected due to the financial impact on families.

 

-      Introduction of charges for young carers and care leavers cohort but such measures require public consultation and carry potential implications for other KCC Directorates.

 

-      Increase to the administration fee relating to Direct Debit applications but rejected as this would unfairly target increases on those able to pay in full, up front.

 

-      Greater contribution from DFT Bus Grant allocation but rejected due to the disparity of usage of grant and the requirement to protect local bus services designated for all residents across the county.

 

How the proposed decision supports the Council’s Strategic Statement

 

-      Levelling Up Kent - Inclusive transport across all divisions

 

-      Sustainability – reducing the number of vehicles used in the transport of children and adults to reduce emissions.

 

-      Congestion – reducing the number of vehicle numbers to ease congestion on Kent roads.

 

-      Communities – supporting them to grow by ensuring access to work, education and local amenities.

 

Financial Implications

 

-   KCC’s Medium Term Financial Plan estimates inflationary increases to scheme costs of £479k linked to higher rates of operator reimbursement.    Additionally, an allowance needs to be made for any increase in pass numbers where each pass carries an overall NET cost to KCC. 

 

-   The MTFP also identified an increased income target of £290k linked to a review of charging.    In part, this supports an increase to KCC’s Supported Bus Services Budget.   It is this budget which is used to provide financial support for non-commercially viable bus services, many of which are required by Travel Saver students.    Protecting the school bus network is critical to the value of the scheme for users and the adjustments between these budgets mean that KCC will increase its total expenditure on school buses in Kent in 2026/27. 

 

-   The £35 increase to pass costs is estimated to represent an additional £575k additional  scheme income in 2026/27.   Through this and the continued use of DFT Bus Grant funding and increasing the application fee, the KTS scheme budget will be deliverable for 26/27. 

 

-   The estimated cost of delivering the scheme for 26/27 is broken down as follows:

 

o   Gross Scheme Costs : £15,441,553

o   Application fee income £8,549,586

o   Government Bus Fund contribution £2,106,737

o   NET cost to KCC- £4,785,500

o   (Total Subsidy to Passholders : £6,892,237)

 

Proposed decision –

 

1) APPROVE the allocation of £1,409,507 from the Children, Young People and Education Services Basic Need Capital Budget to complete the pre-construction design activities required to establish a new primary school at Paddock Wood.

 

2) AUTHORISE the initiation of the presumption process required to establish a new primary school at Paddock Wood.

 

2) DELEGATE authority to the Director of Infrastructure in consultation with the Director of Education and SEND, and the Head of Law to take relevant actions, to deliver the pre-construction phase, including but not limited to negotiating, entering into and finalising the terms of relevant contracts, contract variations or other legal agreements, as required, to implement the decision; and

 

3) AGREE for the Director of Infrastructure, to be the nominated Authority Representative within the relevant agreements, with authority to enter variations as envisaged under the contracts. Variations to contract value to be no more than 10% above the capital funding agreed by the Cabinet Member for Education and Skills without requiring a new Record of Decision.

 

 

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 2026-30 (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. A copy of the plan can be viewed from this link:

 

Commissioning Plan for Education Provision - Kent County Council

 

For provision planning purposes KCC’s forecasting methodology produces forecasts according to planning groups.  These planning groups are nationally recognised by central Government.

 

Paddock Wood has seen significant housebuilding in recent years, consequently the forecast for the Paddock Wood planning group shows deficits throughout the KCP Plan period.  In the short term, the demand for places can be accommodated in the neighbouring planning groups or within one of the small schools within the planning group offering over PAN.  However, from 2028-29 the demand is forecast to be 1 FE or greater and there are fewer places available in neighbouring planning groups.

 

Proposal

 

To meet this demand for places within the Paddock Wood planning group we will seek to establish a new primary school within the town to open in September 2028.  The new school will include classroom space to accommodate 1FE and core facilities sufficient for 2 FE to support future expansion when needed.  The new school will also include a 26 place nursery and a 14 place SRP.

 

By law, all new schools in England must be opened as Free Schools, set up and run by Multi-Academy Trusts. The process by which local authorities establish a new Free School, and the Secretary of State appoints a Multi-Academy Trust to run it, is known as the Free School Presumption.  Along with requesting the allocation of Basic Need capital funds needed to complete the pre-construction design activities, permission will be sought to commence the presumption process required to establish a new school.

 

Approval is sought for pre?construction expenditure and to commence the Free School Presumption process. A further Key Decision will be brought forward to approve the capital funding for the construction phase once Stage 4 design is complete and full costs are confirmed.

 

Options

Paddock Wood currently has one primary school that is situated on a compact site that has limited scope for future expansion.  The nearest schools that border Paddock Wood are smaller schools in rural locations with very limited scope for substantial expansion.  They collectively do not have sufficient places available to accommodate the growing demand driven by new housing development. 

 

The nearest schools with places available are within Tonbridge and Tunbridge Wells town centres which would mean travel distances of around 5 miles from the new school site; for many children located to the East of the new school site it would entail greater distances.  Pupils travelling these distances would be eligible for free school transport.  This would have a substantial and long-term impact on KCCs school transport budget.

 

How the proposed decision supports the Council’s strategic statement

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 KCC’s strategic statement. It will help to maintain

KCC’s strategic role in supporting schools in Kent to deliver accessible, high-quality education provision for all families and meets the following priorities:

 

·             Delivering Better Outcomes for Children and Young People - Access to Local Education: Providing increased capacity ensures children can attend a good local school, reduces travel and supports wellbeing. Meeting Demand: Responds to demographic growth and housing developments, ensuring sufficient places for all primary-aged children.

 

·             Stronger Communities and Localism - Community Cohesion: Keeping children in local schools strengthens community identity and parental engagement, supporting KCC’s vision for resilient communities.

 

Financial Implications

 

Capital

Initial feasibility work and design works were completed within officers delegated authority (at a total cost of c£871k), but to complete the design of the new school up to RIBA Stage 3 (outline design and planning submission) a further £537k is required. A Cabinet Member decision is therefore being sought to complete pre-construction activities and inform stage 5 construction costs, as the combined value of pre-construction activities, will be over £1 million, with an estimated  value of £1,409,507.

 

At this early stage of the project the indicative construction costs are estimated to be £10.7m making the combined whole project cost circa £12.11m. However, as this is based on no design or investigation information as the extent of the project becomes known the costs may change and a further decision taken.

 

Capital Costs for mainstream provision are funded through the Basic Need Capital Programme, which is made up from a range of sources including the Basic Need Grant, Developer Contributions, Prudential Borrowing (originally agreed to fund shortfalls in historic schemes) and other specific grants (such as schools rebuild programme). The Basic Need Grant is the largest contributor to the programme and is provided by the DfE to support local authorities fulfil their statutory duty to ensure there are enough school places for children aged 5 to 16 in their area. The Education capital programme is continuously reviewed, with projects entering and leaving the programme regularly in response to demand and project completions. The 2026-27 Basic Need Budget, agreed at County Council in February, of £148 million included an allowance for completing these pre-construction costs. 

 

Revenue

Should the scheme not proceed through to completion, any costs incurred at the time of

cessation would become abortive costs and are likely to be recharged to Revenue. This would

be reported through the regular financial monitoring reports to Cabinet. This will be a cost to the

General Fund.

 

Legal Implications

Planning permission will be required for the new school.

 

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

 

Local authorities must plan for and secure sufficient school places for their area in line with their duties under section 14 of the Education Act 1996.

 

Section 6A of the Education and Inspections Act 2006, provides that local authorities in England are required to seek proposals to establish an ‘academy’ (free school), when a new school is needed.  The “free school presumption” process requires new schools to be independent of local authority control. The process includes local authority consultation, identifying a site, running a competition, and assessing proposals from academy trusts.  Non-statutory Guidance has been published in May 2024, to support and assist local authorities and new school proposers. [‘Establishing a new academy: the free school presumption route’].

 

 

Proposed decision

 

     I.      APPROVE the increase of Laleham Gap School’s designated number from 188 students to 208 students.  

 

    II.      AGREE for officers to issue a Public Notice to permanently increase Laleham Gap School’s formal designated numbers.

 

  III.      Delegate authority to the Corporate Director for Children, Young People and Education, in consultation with the Cabinet Member, subject to no substantive objections being received and following expiry of the formal 4 week notice period, to take necessary actions to implement the decision.

 

Reason for the decision

 

Kent County Council (KCC) as the Local Authority, has a statutory duty to ensure sufficient high quality school places are available, in the right places for all learners, while at the same time fulfilling our other responsibilities to raise education standards and promote parental preference. The County Council’s Commissioning Plan for Education Provision in Kent 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.

 

Increasing the designated number at a maintained special school by 10% or 20 places is a significant change to the school and therefore a statutory process. ‘Making Significant Changes (‘prescribed alterations’) to maintained schools. Statutory guidance for proposers and decision maker, August 2025’ must be adhered to. The decision maker is the Local Authority.

 

Background

 

Laleham Gap School is a Foundation Special School and a member of Kent Special Educational Needs Trust (KSENT), catering for pupils aged 4-18 years who have Communication and Interaction special education needs associated with autism and/or speech, language, and communication. Laleham Gap School is already admitting pupils over and above their current designated number of 188. This proposal will formally increase the designated number of the school and includes the addition of 20 places aided by the conversion of the rooms previously used by the Specialist Teaching and Learning Service at Laleham Gap School.

 

Options (other options considered but discarded)

 

Other options were not considered as Laleham Gap is a Specialist School proving education and support to pupils with special needs and the proposal is specific to the school.

 

How the proposed decision supports the Council’s Strategic Statement

 

This proposal is necessary for KCC to continue to deliver the statutory duty, in a cost-effective

way, in line with the guidelines described KCC’s strategic statement. It will help to maintain.

KCC’s strategic role in supporting schools in Kent to deliver accessible, high-quality education

provision for all families, particularly those with SEND.

 

Reforming Kent 2025-2028

 

Aim 1 Putting Kent Residents First

Aim 3 Supporting residents that need help

Objective 6 Improve processes and outcomes for our SEND services while tackling the unsustainable growth in demand.

Aim 4 Building better communities

Priority 2 Tackle inequalities

 

Financial Implications

 

Capital

 

The limited conversion of the Specialist Teaching and Learning Service accommodation at Laleham Gap has been met within the school’s own resources.

 

Revenue

 

Local Authorities are responsible for funding state-funded Special Schools, through the commissioning of places using a specific-ring fenced revenue grant from the Department of Education (known as the High Needs Block of Dedicated Schools Grant). The costs are expected to be fully met from this grant and not a cost to Council’s General Fund.

 

The LA will agree the commissioned number of places with the school, based on the designated number and the actual level of need, on an annual basis.  The commissioning cycle which commences each autumn will confirm the number of known students who will require a place for the following September. The commissioned number currently determines the minimum number of places a school will be paid for each academic year.  Approved changes can be made during the academic year if required and funding would expect to follow.

 

Legal Implications 

 

KCC, as the Local Authority, has a statutory duty to ensure sufficient school places are available. This duty applies to mainstream settings, as well as SEND provision. The County Council’s Commissioning Plan for Education Provision in Kent 2026-30 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.

 

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

 

Local Authorities need to deliver their statutory duties and be aware of non-statutory guidance

and advice, which relate to children and young people. These include:

• Department for Education - Making significant changes (prescribed alterations) to maintained schools (August 2025): statutory guidance for proposers and decision makers.
• Sufficiency Duties: KCC is under a statutory duty to contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education and secondary education are available to meet the needs of the population of their area: section 13 of the Education Act 1996 (“the 1996 Act”).
• KCC must ensure that its education functions are exercised by the authority with a view to promoting high standards, ensuring fair access to opportunity for education and training, and promoting the fulfilment of learning potential by every person under the age of 20 and those over the age of 20 and for whom an EHC Plan is maintained: section 13A. By section 14, KCC must secure that sufficient schools for providing primary and secondary education are available for their area, defined as being sufficient in number, character and equipment to provide for all pupils the opportunity of appropriate education.
• KCC, when carrying out its functions must have “due regard” to the provisions of section 149 of the Equality Act 2010, known as the ‘public sector equality duty’.

 

Proposed Decision:

To commission, via an external provider, Independent Advocacy, Independent Visitors, Independent Persons, Accompanying Adults, Appropriate Adults and Leaving Care Mentoring services to support children and young people.

 

Reason for decision:

 

The current service, called Representation, Rights and Advocacy (RRA), is commissioned via an external provider due to the need to have provision independent of the Local Authority. Having used all allowable extensions, the current contract ends in September 2027. This service is required to allow Kent County Council to meet its statutory obligations.

 

The current service has several service elements:

 

• Appropriate Adults - Service for young people aged 10 - 17 years and vulnerable adultsdetained at police custody suites who require support.
• Advocacy - Advocacy for Children in Care and for Care Leavers aged 16 – 24. (Must be delivered independently from the Local Authority).
• Independent visitors (IV) -For Children in Care aged 8 – 18 years.
• Independent Person- For Stage 2 complaints. (Must be delivered independently from the Local Authority).
• Accompanying Adults - For the purpose of age assessment interviews for unaccompanied asylum-seeking children (UASC).(Best practice suggests independence from the Local Authority).

·   Leaving Care Mentoring – The provision of mentoring for care leavers aged 18–25 who are transitioning to independent living. 

 

The proposal is to commission an externally delivered service with the six elements together with one provider covering the county.

 

Using the current cost of the service, £258,800 per annum, for a contract for four years with two, two year extensions would mean that the total value of the contract exceeds £1m and impacts more than two electoral divisions.

 

Background:

·       Local authorities have statutory duties that underpin the elements of the these services. 

·       This proposal seeks approval to commission a new service that covers all of these elements for an initial term of four years (with two, two year extensions) following a compliant procurement .

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

 

Options  

In any commissioning activity, the options considered include

1.  Do nothing – KCC would fail to meet its statutory obligations

2.  Creating a new in-house model – Would not meet requirements of some elements to be independent from the Local Authority

3.  Externally commissioning a new service – Would meet statutory requirements for provision

 

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

 

Links to the Council’s Strategic Statement

This proposal aligns with Reforming Kent, 2025-2028; Aim three of Reforming Kent “Supporting residents that need help.”

 

The proposed service will support and empower young people to make informed choices about their care and to feel safe throughout their care journey. It will provide consistent, rights?based support during the custody process and throughout any age assessment, ensuring young people understand what is happening, can express their views, and are actively involved in decisions that affect them.

 

Financial Implications:

This service is currently budgeted from the Council’s General Fund. Spend is reported within the revenue budget against the Key service line Children in Need – Care and Support (payments and commissioned services).

 

The current cost of the service is £258,800 per annum which has been held for many years. We are expecting a price negotiation at the point of the agreed extension in September 2026.

 

Financial modelling is currently being undertaken and will be available at the point of Decision. This is to understand the impact of holding the price of the current contract to todays values along with a model of delivery consistent with market feedback.

 

The new proposal seeks a contract term of four years with two, two year extensions.

 

Legal Implications:

As this service has six elements, the legal basis differs, as follows:

 

 

Service Element	Statutory obligation
Appropriate Adults	Police and Criminal Evidence Act 1984 (PACE) and its Code of Practice C.
Accompanying Adults	Case law – including B v Merton, FZ v Croydon, together with Home Office policy, establishes that a supportive adult is required as best practice to ensure procedural fairness and achieve a Merton?compliant age assessment.
Independent Visitors	Children Act 1989, ss.23zb
Advocacy	Adoption and Children Act 2002, ss.26a
Independent Persons	Children Act 1989, ss.24d and 26
Leaving Care Mentoring	A non-statutory element that helps children in care prepare for adulthood and directly address the improvement area highlighted by Ofsted in The 2025 Ofsted Children’s Services Review, by strengthening the support available to care leavers.

 

The procurement of the services will be conducted in compliance with the Procurement Act 2023.

 

Proposed decision – The Deputy Leader to agree to:

 

1.    Proceed with the biodiversity net gain pilot scheme at Preston Hill; and

 

2.    Delegate authority to the Director of Infrastructure, in consultation with the Deputy Leader, to finalise terms of any property agreement including leases and contracts as necessary

 

Reason for the decision

 

Asset reviews are regularly carried out for assets across the KCC estate where a range of options are considered in line with the Asset Management Strategy (AMS). Given the nature and characteristics of the Preston Hill site, it is considered that developing for biodiversity net gain units to generate income represents the most appropriate use and offers the potential to generate the best return for the Council. Delivering this approach is likely to require the Council to enter into leases or other contractual arrangements with third parties that may exceed 20 years in duration, and which may also bring income in excess of the £1m, therefore requiring a key decision. There are other sites where this be the most appropriate use. It is proposed therefore that the Preston Hill site is the pilot site for this model.

 

Background

 

Biodiversity Net Gain (BNG) offers landowners, in this case KCC, an opportunity to generate income by assessing their land’s ecological value and improving it by creating or enhancing habitats. The resulting BNG units can be sold to developers who need off?site gains to meet their statutory 10% biodiversity uplift requirement.

 

KCC owns vacant land which could be utilised to create habitats to generate income where the site has limited alternative uses. Eligible sites may include hard-to-develop areas, such as green belt land or sites with difficult topography or are otherwise challenging. Selling BNG units can provide a long-term income stream, support environmental enhancement and maintenance, whilst maintaining ownership and control of the land. It is also a financially sustainable way to secure sites for longer term consideration for future use or development.

 

BNG creates an opportunity to enhance habitats, such as grassland, woodland, wetlands, or hedgerows on land and have those improvements formally recognised and valued.

 

Options (other options considered but discarded)

-     Do nothing – KCC to retain site as vacant.

-     Alternative KCC use – KCC to explore whether there is any alternative KCC use for site.

-     Lease site – KCC to not explore BNG opportunities and lease site, likely grazing licence.

-     Sell site - KCC to not explore BNG opportunities and dispose of site.

-     Pilot Scheme – KCC to commence with pilot scheme on Preston Hill as a BNG site - recommended option.

 

How the proposed decision supports the Council’s Strategic Statement

 

The proposed decision supports the Council’s Strategic Statement, ‘Reforming Kent 2025–2028’ by driving efficiency and maximising the value of existing assets and reducing reliance on external funding. Strengthening governance through transparent processes for land utilisation and compliance with statutory biodiversity requirements.? 

 

The decision gives the opportunity to raise capital for reinvestment in KCC services as set out in its Medium-Term Financial Plan whilst also making best use of its assets.

 

Proposed decision

 

To progress the A226 Galley Hill scheme through the next stages of development to detailed design, including required surveys and public engagement

 

Reason for the decision

The A226 Galley Hill collapse on 10 April 2023 caused significant damage to the highway and utility infrastructure, which must continue to be addressed.

 

Given the scale and unprecedented nature of the collapse, KCC has used its existing statutory powers to secure the site, protect public safety and carry out urgent investigations into the cause and extent of the failure.

 

As the scheme moves beyond investigation and feasibility, further work now requires formal governance approval for oversight, funding authorisation and compliance.

 

This decision seeks approval to progress the A226 Galley Hill scheme through the next phase of project development only, up to and including detailed design. Specifically to:

 

-      Progress the scheme from feasibility into detailed design

-      Undertake public engagement

-      Delegate authority to officers to make further technical and procedural decisions required to complete the detailed design stage

 

This decision does not approve construction or commit funding for delivery of the scheme. A separate future key decision will be required to approve the next phase

 

 

Background

The A226 Galley Hill is a key route between Dartford, Gravesham and Ebbsfleet, forming part of the Kent Resilient Network and supporting Ebbsfleet Garden City growth. In April 2023, a section of the chalk spine north of Galley Hill collapsed, triggering a landslide that destroyed part of the carriageway and footway and damaged buried utilities. The route has remained closed since.

 

As the local highway authority, KCC has led the response, working with specialist consultants to investigate the failure and develop reinstatement options.

 

The closure continues to affect the wider network, with diverted traffic (including HGVs) using less suitable local roads and disruption to public transport, and it undermines planned housing and employment growth in Ebbsfleet and Northfleet. Reopening the route is therefore critical to network resilience, sustainable transport and future development.

 

Options (other options considered but discarded)

Option 1 – Completely pause all project development work until funding is secured

·   KCC would be disadvantaged against other funding bids as our existing design is not developed enough to secure funding through the Department for Transport or other national funding streams. Delay at this stage would continue to cause significant congestion and have a significant impact on the surrounding highway network, with diverted traffic, including heavy goods vehicles, using less suitable local routes.

 

Option 2 – Completely stop the scheme to reinstate the A226 Galley Hill

·   Separate legal advice concluded that stopping up of this route would have significant ramifications. Modelling work on this scenario also shows current and future significant congestion completely curtailing all growth across the Ebbsfleet area.

 

How the proposed decision supports the Council’s Strategic Statement

·   Supports the Council’s “Infrastructure First” approach by reinstating a key east–west route to enable planned housing and employment growth.

·   Improves connectivity and network resilience by reducing congestion, improving journey-time reliability, and restoring bus/Fastrack services.

·   Boosts economic growth and quality of life by improving access for communities and businesses and providing certainty for investment and development.

 

 

Proposed decision  

Amendment to the statement of priorities for Definitive Map Modification applications

 

Reason for the decision

The County Council is the Surveying Authority for Kent, responsible for the production of the Definitive Map and Statement and keeping it under continuous review. It is required toinvestigate and determine every duly made Definitive Map Modification Order (DMMO) application it receives. (Wildlife and Countryside Act 1981 Section 53 applications (Definitive Map Modification Order applications)

 

The proposed amendment rebalances priorities by progressing user?based and historic applications on a 1:1 basis, without additional cost or resource, to ensure the approach remains fair and fit for purpose and still meeting the Council’s Legal duties.

 

Background

There is a growing backlog of DMMO applications, largely due to an increase in those based on historic evidence, resulting in long delays before cases are investigated. These delays disproportionately affect user?based applications, as witness evidence deteriorates over time and routes are often in current use, while historic evidence does not decline.

 

As of 16 March 2026, 100 applications remain unallocated, i.e., they have not yet been assigned to a KCC officer for investigation and processing.

 

The rapid increase in historic evidence-based applications has lengthened the time between submission and investigation. Because of the significant shift in the basis on which applications are made we are reviewing the Statement of Priorities to make sure it remains fit for purpose.

 

Options (other options considered but discarded)

 

 No change– does not address the issue. This option would see all applications prioritised on the basis of receipt unless one of the three

user based applications would continue to decay over time.

 

A prioritisation matrix. his approach can result in a loss of clarity for applicants as to how their application has been assessed. Those applications assessed as being a low priority may wait decades to be dealt with or see applicants seek a direction from the Secretary of State that the matter is determined within a defined period.

 

Greater resource. Increased resource alone may not reduce backlogs as the rate at which applications are submitted cannot be controlled and the number received has increased at a greater rate than the resource allocated. Even if there were to be a significant uplift in resource it generally takes 2-3 years from recruitment to a point at which Officers are ready to determine applications of this nature.

 

How the proposed decision supports the Council’s Strategic Statement

 

The proposal aligns with a number of elements in the draft strategic statement – Reforming Kent.

-      Reforming Kent County Council – Ensure the council focuses on delivering better outcomes that make a difference not just managing processes.

 

-      Putting Kent Residents First – Protect our countryside and give strong support to Kent’s farmers and rural pursuits and communities.

 

The proposal puts greater emphasis on those applications based on current use by stakeholders/ communities. The area of work generally provides greater certainty as to access rights for landowners and the general public.

 

 

 

Proposed decision –

To adopt Gypsy and Traveller Site Pitch Allocation Policy 2026.

 

Reason for the decision

 

-      The current policy is outdated and some parts are confusing, so the updated version explains the process more clearly, strengthens the checks and evidence needed, and brings the system in line with how housing allocations work elsewhere in Kent. It also helps ensure the council meets legal and data?protection requirements, reduces risks, and makes the process easier and more accessible for applicants, including those who may need extra support. Overall, adopting the new policy will help KCC manage its limited pitches better and make sure they go to those most in need.

 

Background

 

-      The Gypsy Roma Traveller (GRT) Resident Service’score role is to provide safe, well?maintained accommodation for GRT communities and act as a landlord for residents, ensuring sites are properly managed, pitches are allocated fairly, and communities are supported. The service carries out regular site visits, deals with unauthorised encampments on KCC land, and works with partners to help residents access support and services.

-      The current policy was last updated in 2023, and feedback from staff, applicants, and partner organisations has shown that some parts of the process are unclear, difficult to follow, or no longer aligned with modern housing allocation approaches used by District and Borough councils.

 

Options (other options considered but discarded)

 

-      These amendments are Service led and have been identified as ‘continuous improvement’ based on feedback from staff applying the policy and feedback from residents.

-      Other options could have been to do nothing, or to have kept the existing policy but offered clearer guidance or extra support to help people (staff and applicants) understand and use it. However this would not have provided improvements and it would not have tackled the underlying issues of fairness, clarity, and consistency.

 

How the proposed decision supports the Council’s Strategic Statement

 

-      The new Pitch Allocation Policy supports Reforming Kent because it focuses on being fair, efficient, and resident?focused, which are key priorities in the strategic statement. Reforming Kent emphasises putting residents at the heart of decisions, improving efficiency, reducing dependency, and making sure public money is used wisely. The updated policy does exactly that by creating an even clearer, more transparent process that ensures pitches are allocated fairly, based on need, and managed consistently across all KCC?run sites. It strengthens checks, reduces risks, and makes the system easier for applicants to understand, which supports the strategic aim of delivering services that provide good value and are fit for the future. Overall, the updated policy reflects KCC’s commitment to modernising how it works, improving fairness, and strengthening community wellbeing.

 

Equalities implications

-       The Equalities Impact Assessment shows that the updated Pitch Allocation Policy has been carefully reviewed to ensure it is fair, accessible, and does not negatively impact protected groups. The assessment found no significant negative impacts for most groups, and highlighted several positive ones—such as clearer information, improved accessibility, and more support for applicants of different ages, abilities, and literacy levels. Where potential challenges were identified (for example, applicants with lower literacy or disabled applicants needing support), the EqIA sets out practical mitigating actions, including offering help with applications and making the process easier to understand.

 

-       The EqIA will be reviewed throughout the decision making process.

 

Data Protection implications

-       A DPIA was required and has been completed. It is currently being reviewed by the DPO Support Team.       

 

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

 

Reason for the decision

 

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

 

Background

 

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

 

Options (other options considered but discarded)

 

-       Option one – do nothing.

 

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

 

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

 

How the proposed decision supports the Council’s Strategic Statement

 

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

Proposed decision –The Cabinet Member for Education and Skills:

 

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

 

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

 

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

 

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

 

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

 

Reason for the decision

 

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

 

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

 

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

 

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

 

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

 

Background – Provide brief additional context

 

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

 

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

 

Options (other options considered but discarded)

 

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

 

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

 

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

 

The 'Securing Kent's Future' strategy outlines the measures that KCC intend to take to ensure that Kent remains financially stable, now, and long into the future. It describes the statutory priorities.

 

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

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

 

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

 

This proposed decision is compliant with Objective 1 of Securing Kent’s Future, KCC as the LA proposes to expand Broomhill Bank School.This proposal is necessary for KCC to continue to deliver the statutory duty, in a cost-effective way, in line with the guidelines described in the Securing Kent's Future 2022-2026 strategy.

 

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

 

Financial Implications

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Legal Implications

 

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

 

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

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

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

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

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

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

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

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

 

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

 

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

 

Proposed decision –The Cabinet Member for Education and Skills:

 

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

 

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

 

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

 

Reason for the decision

 

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

 

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

 

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

 

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

 

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

 

Background – Provide brief additional context

 

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

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

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

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

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

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

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

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

Behaviours an Attitudes.

 

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

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

 

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

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

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

                       

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

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

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

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

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

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

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

 

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

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

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

 

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

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

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

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

basis.             

 

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

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

mainstream inclusion.

 

Options (other options considered but discarded)

 

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

        

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

 

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

 

The 'Securing Kent's Future' strategy outlines the measures that KCC intend to take to ensure that Kent remains financially stable, now, and long into the future. It describes the statutory priorities.

 

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

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

 

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

 

This proposed decision is compliant with Objective 1 of Securing Kent’s Future, KCC as the LA proposes to expand Parkwood Hall Co-operative Academy.This proposal is necessary for KCC to continue to deliver the statutory duty, in a cost-effective way, in line with the guidelines described in the Securing Kent's Future 2022-2026 strategy.

 

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

 

Financial Implications

 

Progression of the scheme will be dependent on the outcome of detailed feasibility and design work – these will inform the full overall cost of the scheme, at which point the formal decision will be taken by the Cabinet Member for Education and Skills. The project will be a school managed scheme and will be confirmed via legally binding funding and development agreements between KCC and Parkwood Hall Co-operative Academy.

 

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

 

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

 

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

 

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

 

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

 

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

 

Legal Implications

 

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

 

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

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

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

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

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

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

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

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

 

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

 

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

 

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