Proposed decision:
To agree the Post 16 Transport Policy Statement including Post 19 Transport 2025/26 and future implementation
Reason for the decision
KCC has a duty to consult on and publish its Post 16 Transport Policy Statement every year. Whilst there is no statutory duty to provide transport for Post 16 Learners, there is a duty to consider applications for assistance with transport and to enable access to education and training to age 18. The transport policy sets out how KCC will meet this duty and what learners can expect by way of support.Councils also have a duty to make such arrangements as they consider necessary for the provision of transport and otherwise in respect of Adults learners including those with an EHCP.
Financial Implications
The Home to School Transport net budget is £97.7m for 2025-26. There are no specific grants for home to school transport and the Council are expected to fund their responsibilities through the General Fund (Council Tax and other wider council funding) or where applicable, parental contributions. This budget covers mainstream, post 16 and SEN transport for eligible children aged up to 25.
The Council currently spends approximately £10m per annum on Post 16 transport to schools and further education providers. There are no substantive changes proposed to the 2025-26 policy.
Legal Implications
The requirements placed on a local authority are defined in the Education Act 1996 (as amended), Education and Skills Act 2008, Education and Inspections Act 2006, Apprenticeships, Skills, Children and Learning Act 2009 and the Equality Act 2010.
Local authorities do not have a general obligation to provide free or subsidised post 16 travel support but do have a duty to prepare and publish an annual transport policy statement specifying the arrangements for the provision of transport or other support that the authority considers it necessary to make to facilitate the attendance of all persons of sixth form age receiving education or training.
The policy statement also sets out the duties on the LA to consider requests for transport support. KCC is required to enable access to education and will consider applications for support where a Kent 16+ Travel Saver pass is not suitable. Where support is agreed, the policy makes clear that learners will initially be assessed for Travel Training and alternative transport arrangements will only be provided where this training is not appropriate. Where additional support is refused learners can appeal to the Transport Regulation Committee Appeal Panel.
Local authorities also have a duty to encourage, enable and assist young people with Special Educational Needs and/or Disabilities (SEND) to participate in education and training, up to the age of 25.
Decision Maker: Cabinet Member for Education and Skills
Decision due date: Not before 23/07/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Craig Chapman
Notice of decision: 24/06/2025
Anticipated restriction: Open
Proposed Decision:
To agree the Post 16 Transport Policy Statement including Post 19 for the 2026/27 academic year and activity required to deliver future implementation
Reason for the decision
KCC has a duty to consider what support it is necessary to provide to facilitate each young person’s attendance. Historically, KCC has offered more direct support for some Post 16 learners, particularly those with SEND including EHCPs. This meant that their transport has remained very similar after they turn 16, even though there is no legal requirement to provide that level of support. This offer has never been universal, with only a small proportion of learners getting this additional level of support. Most learners of sixth form age, including the majority of those with SEND including EHCPs are currently expected to make their own arrangements.
However, since 2018, Kent has seen over an 80% increase in the number of children aged 16 and above with an EHCP. The provision of transport for this group is inevitably more complex, which means that it usually requires more resources to fulfil. KCC is not provided with dedicated funds for Post 16 transport, which means that any additional offer that KCC makes must come from its general funds, namely the Council Tax that it collects from local residents and government grants. As a result, we need to ensure that our policy and transport services are both appropriate to meet the specific travel needs of learners and are sustainable now and in the future.
KCC held a public consultation between 27 January and 23 March 2025 to outline its proposed transport policy for 2026/27.
The key drivers for the proposed changes are as follows: promoting independence; rebalancing KCC’s offer to learners of sixth form age and adult learners; and financial sustainability. These were explained in more detail in related consultation materials and the cabinet paper that will accompany this decision.
The structure of KCC’s standard offer of support to both learners of sixth form age and adult learners is proposed to remain unchanged for 2026/27. KCC is also not proposing to alter the criteria it will apply in determining which learners receive support. This means the same learners will be identified for additional support under the proposed policy.
However, there is no legal definition of what level of support should be provided to these learners where KCC considers that alternative support should be provided .The consultation proposed the following changes to how Kent would provide alternative support to these learners
Proposed 2026-27 changes for Learners of Sixth Form Age
The proposed policy would make Personal Transport Budgets (PTBs) KCC’s default offer to learners who qualify for additional support, to facilitate their travel to their place of education. This means a KCC organised vehicle would only be provided in exceptional circumstances, rather than to the majority of pupils that qualify for additional support, as is currently the practice.
Proposed 2026-27 changes for Adult Learners
The proposed policy would to make two main changes to the support provided to adult learners,as follows:
· Adult Learners would be expected to apply for support via the Government funded 16 to 19 Bursary Fund from their learning provider before approaching KCC for any additional support. The 16 to 19 Bursary fund is national funding provided to learning providers to support a range of needs including transport.
· Where KCC assesses that any support provided to students via the 16 to 19 Bursary Fund is insufficient to facilitate a student’s attendance at school, college or training, consideration would be given to support in the form of a mileage payment. KCC would offer a mileage payment, as standard. Under the proposed policy, KCC would generally no longer make transport arrangements for individuals to whom it provides support. KCC would only consider providing transport in exceptional circumstances.
It is also recommended that the Assistant Director for Fair Access and SEN Processes works in conjunction with learning providers to develop and fund cost effective bespoke school led transport options that increase transport options for learners. This requires delegated authority to the Corporate Director for Children, Young People and Education, to enter into relevant contracts or other legal agreements, including Service Level agreements (SLAs), and ensure sufficient administrative capacity, as necessary to implement this decision.
Financial Implications
The Home to School Transport net budget is £97.7m for 2025-26. There are no specific grants for home to school transport and the Council are expected to fund their responsibilities through the General Fund (Council Tax and other wider council funding) or where applicable, parental contributions. This budget covers mainstream, post 16 and SEN transport for eligible children aged up to 25.
The Council currently spends approximately £10m per annum on Post 16 transport to schools and further education providers. Estimated total cost reductions from this proposed decision would be in the region of £6m per year (when fully implemented). It is recognised that in some individual cases, the proposed reduction in support may give rise to a need to access other KCC services, such as children’s or adult social care, however this would have to be assessed on an individual basis. A contingency to mitigate the risk of these additional costs to other parts of the council will be considered as part of the full Cabinet Committee paper.
Decision Maker: Cabinet Member for Education and Skills
Decision due date: Not before 23/07/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Craig Chapman
Notice of decision: 24/06/2025
Anticipated restriction: Open
Reason for the decision:
KCC was required by the Department for Work & Pensions (DWP) to coordinate the development of the Get Kent & Medway Working Plan to support the government’s ambitions set out in the Get Britain Working White Paper (November 2024).
Background:
Local Get Britain Working Plans focus on health, economic inactivity (unemployment) and skills. They include an analysis of the economic inactivity challenge locally, an overview of current service provision and gaps in these areas and a short- and longer-term action plan to improve health, skills and employment outcomes for the local population and local employers to support an enhanced quality of life and local economy. The Kent & Medway Plan needs to be finalised in July 2025 and formally signed off by KCC, Medway Council, the Kent & Medway Integrated Care Board and Jobcentre Plus with endorsement from wider partners and stakeholders.
Alignment to Local Strategic Priorities:
The plan adheres KCC’s to Securing Kent’s Future’s requirement for full cost recovery given that its development was supported by a DWP grant for this purpose.
The plan builds on, encompasses and supports ambitions in the Kent & Medway Economic Framework, Framing Kent’s Future, the Integrated Kent & Medway Integrated Work & Health Strategy, Local Skills Improvement Plan and the Integrated Care Strategy, all of which include elements to support people into work and training, develop the local workforce and ensure that employers have access to people with the right skills.
Other options considered but discarded
Do nothing: (discounted). It is a government commitment to have a Get Brittan Working Plan and therefore the Department for Work & Pensions wrote to Kent County Council (KCC) on 28 February requiring the Council to lead the development of the Get Kent & Medway Working Plan.
Decision Maker: Cabinet Member for Economic Development and Coastal Regeneration
Decision due date: Not before 23/07/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Steve Samson
Notice of decision: 24/06/2025
Anticipated restriction: Open
Proposed decision:
To approve the Integrated Work and Health Strategy for Kent and Medway on behalf of KCC, subject to approval from other partner organisations (Medway Council and Integrated Care Board).
Reason for the decision
Approval to develop the strategy has come from the Integrated Care System Leaders (from KCC, Medway Council and the Integrated Care Board (ICB)) and Kent and Medway Economic Partnership (KMEP) in response to national expectation and strong local support for the development of an Integrated Work and Health Strategy for Kent and Medway.
Background – Provide brief additional context
The interconnection between employment and health outcomes and inequalities is well-established and has previously been discussed by the Integrated Care Partnership (ICP). This is recognised in the Integrated Care Strategy which includes a shared priority to address the economic determinants that enable healthy lives, including stable employment and the commitment: “We will help individuals fulfil their potential by achieving secure employment through education and skills development and by supporting businesses.” The Kent and Medway Economic Framework which is owned by the Kent and Medway Economic Partnership (KMEP) also recognises the connection between economic prosperity and health and wellbeing. It includes an ambition to place economic opportunity at the centre of economic renewal and prosperity, recognising the “strong correlation between economic inactivity, ill health and multiple forms of deprivation.”
The focus of the Kent & Medway Strategy will be to integrate work and health support for employers and individuals by enabling local people with long term conditions and disabilities to start, stay and succeed in work so that the general health and productivity of the workforce can be enhanced, skills shortages can be addressed, and local businesses will be more able to increase productivity and grow. The strategy will enable key organisations in Kent & Medway to better understand the challenges that employers face with regard to long term health conditions and the issues that prevent people with health conditions from accessing employment opportunities and sustaining work. It will also ensure that the various strands of current and potential activity can be better coordinated to avoid duplication and ensure positive outcomes for local employers, residents and the local economy.
Options (other options considered but discarded)
Other options were not considered as there is a national expectation and strong local support for the development of an Integrated Work and Health Strategy for Kent and Medway.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
The strategy being developed directly aligns with Framing Kent’s Future Priority 1: Levelling Up Kent commitments:
· To support the Kent economy to be resilient and successfully adapt to the challenges and opportunities it faces over the coming years.
· To work with partners to develop a skills system for Kent that delivers skills that are resilient to changing workforce needs and opportunities and supports people to higher level skills.
· To see significant improvements in the economy, connectivity, educational attainment, skills and employment rates and public health outcomes in deprived communities in coastal areas so that they improve faster than the rest of Kent to reduce the gaps.
· To work with our partners to hardwire a preventative approach into improving the health of Kent’s population and narrowing health inequalities.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
The strategy is being developed using external funding secured for this purpose and it does not in itself commit KCC to further spend. The strategy aims to make a positive contribution to key health determinants (employment and income specifically) without which, individuals are more likely to require ongoing support from public health and social care services.
Financial Implications
The development of the strategy is being funded by the DWP/DHSC grant with support from relevant KCC and Medway Council officers as well as NHS colleagues. The strategy itself is not a funded strategy but with government announcements about the need for local ‘Health, Work & Skills plans’ and other potential initiatives around supported employment, it is anticipated that externally funded programmes will support the implementation phase of the strategy. Further details will be worked up in due course. If Kent and Medway pursue a Strategic Authority, this agenda is a clearly stated priority within the Skills and Employment, and Health, Wellbeing and Public Sector Reform ‘areas of competence’ of such an authority, and therefore new powers, opportunities or funding might reasonably be anticipated.
The future implementation of the strategy may bring about indirect longer term financial benefits for KCC in addition to reducing public sector spend on the ill -health prevention agenda. Programmes to help more people into work will support business growth and productivity which could lead to increased business rates receipts in Kent as companies grow and occupy new space. Similarly, additional council tax receipts could be generated if people are supported into the labour market reducing reliance on (housing) benefits.
Decision Maker: Cabinet Member for Economic Development and Coastal Regeneration
Decision due date: Not before 14/07/2025 To allow the required 28 day notice period on the list of forthcoming executive decisions
Lead officer: Jenny Dixon-Sherreard
Notice of decision: 15/01/2025
Proposed decision
To approve the extension of the Old Rectory Business Centre contract for a period of 12 months to allow time to undertake the disposal
The Old Rectory Business Centre in Northfleet is a KCC-owned facility that has offered high quality office space to local businesses since 2009. In September 2024 decision 24/00083 was taken by the Cabinet Member to dispose of the property as a going concern and approve an extension to the current contract for a period of nine months (expires at end of August 2025) to allow time to undertake disposal. Whilst good progress has been made in preparation for the disposal, a further extension of 12 months is required to complete the process and ensure smooth handover of control once the property is sold.
Option 1 – Preferred option. Extend the current management contract for a duration of up to 12 months to complete the property disposal process and ensure smooth handover of control. The Director of Growth and Communities will have delegated authority to enter into a short-term contract extension. The contract will continue as per the current terms and conditions with no amendments proposed. The service provider has indicated that they would agree to a contract extension. The proposed contract extension would be taken in line with Clause 2.2 of the Contract document, which allows up to 48 months of extensions.
Option 2 - Initiate a procurement exercise to test the market and allow for a short initial contract period of 12 months with extension clauses to ensure minimal disruption to the companies on site. This would require resource in the form of KCC officer time to run a procurement process but would also be difficult to complete before the end of August. is not a preferred option as it would not be feasible for the Council to re-procure this service for such a limited period, particularly since work is underway to dispose of this asset as a going concern.
Option 3 – Do nothing and allow the management contract to end on 31st August 2025. This is not a preferred option, as this could lead to the closure of the centre which would be highly detrimental to businesses located at the centre and damaging to the local economy and local residents employed at the centre.
Alignment to KCC Strategies: Securing Kent’s Future – Budget Recovery Strategy, Objective 3 - Full cost recovery on discretionary spend as the centre is self-funding and returns a profit to KCC on an annual basis. The option also supports the Kent and Medway Economic Partnership’s ‘Kent and Medway Economic Framework’ which looks ahead to 2030 and sets out Kent’s priorities to build and safeguard a prosperous economy: increasingly productive, sustainable and inclusive. The Old Rectory Business Centre contributes to the ambitions and many of the actions identified with the Framework, for example action area 4 “Supporting the conditions for growth” and by ensuring access to the spaces that businesses need to expand and by “embedding economic opportunity at the centre of local regeneration” (action area 16).
Decision Maker: Cabinet Member for Economic Development and Coastal Regeneration
Decision due date: Not before 23/07/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Mark Reeves
Notice of decision: 24/06/2025
Anticipated restriction: Open
Proposed decision –The Cabinet Member for Education and Skills:
Reason for the decision
Kent County Council (KCC) as the Local Authority (LA) has a commitment to provide education, including Special School placements for children and young people within their locality, so that they can remain with their families. This follows national direction outlined in the Children’s Wellbeing and Schools Bill and the Families First Partnership Programme.
The proposal to permanently remove residential provision at Broomhill Bank School North (Hextable), is driven by an assessment by KCC of the school’s residential provision and need in the local area. This assessment has indicated that there is no longer a requirement for KCC to continue to commission residential placements at Broomhill Bank School North (Hextable).
Up to, and including this academic year, placements in Broomhill Bank North (Hextable) residential provision have been for various reasons and not based on one prescribed set of criteria. Some of these reasons include:
· Distance from home to school
· Parental requests for placement (not linked to Social Care Assessment)
· Different placement approaches from other LAs
KCC school placement decisions now focus on meeting a young person’s needs in a local provision, and where appropriate, those young people are supported by other services such as Social Care in line with their Education Health and Care Plan.
The approach most commonly employed now when placing children and young people in specialist residential provision is that the young person would have statutory care involvement, and the placement is made to meet care needs where local day specialist provision is not an option. This means that the cost of such placements is shared across Education and Social Care.
Based on the approach described above, the students who have previously been placed in residential provision at Broomhill Bank North (Hextable) would no longer meet the criteria for a residential placement. This would be in line with the national direction outlined in the Families First Partnership Programme.
Background – Provide brief additional context
Broomhill Bank School is a co-educational Foundation Special School for students aged 11-19 who have communication and interaction difficulties associated with autism and speech, language and communication needs. Following an inspection that took place in October 2023, Ofsted deemed Broomhill Bank School to be a ‘GOOD’ school. SinceSeptember 2015 Broomhill Bank School North (Hextable) has offered residential provision. Following an inspection that took place in November 2024, Ofsted deemed this provision to be ‘OUTSTANDING’.
However, as explained above, the students who have previously been placed in residential provision at Broomhill Bank North (Hextable) would no longer meet the criteria for a residential placement. As such, it has been identified that there is not the requirement, or need, for KCC to continue tocommission residential placements at Broomhill Bank School North (Hextable). This has been discussed with the Executive Headteacher of the school.
For this reason, it is the intention that the residential provision will close following the departure of the students who are currently using the provision, all of whom are expected to leave the school at the end of this academic year. Therefore, the Broomhill Bank School Senior Leadership Team and Governing Body have been working with KCC Officers to ensure that provision for the remaining residential students would not be adversely affected up to their leaving date.
KCC are proposing that the process for statutory closure of the provision is progressed, with an expected closure date from 1 September 2025.
Options (other options considered but discarded)
Option 1: Do Nothing
Retain the residential provision, despite the placements not being made in line with the approach described above. This is not a viable option as this goes against KCC’s aspiration to ensure children and young people’s needs are met in a local provision with support from other services such as Social Care in line with their Education Health and Care Plan, where appropriate.
Option 2: Change the Admissions Criteria
Retain the residential provision but change the admissions criteria for the students who would receive placements at Broomhill Bank School North (Hextable) to match the approach described above. Whilst this appears to be reasonable alternative, due to the needs of the young people who are placed at Broomhill Bank School North (Hextable), the number who would meet that criteria would be minimal, and therefore adversely affect the financial viability of the provision.
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 remove the Residential Provision at Broomhill Bank School North (Hextable).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.
Financial Implications
Revenue funding for special school places is met from the High Needs Block of the Dedicated Schools Grant, a specific ring-fenced grant, provided by the Department of Education. The High Needs Block is overspent by c17% and the Council is part of the Safety Valve Programme where central government are providing additional funding to help pay off the accumulated deficit created from this historic overspend (since 2018-19), on the condition the Council puts in place plans to achieve best value for money under the current statutory arrangements with an aim to return to an in-year breakeven position in future years.
Ensuring we meet children’s needs more locally where possible, and reducing our dependency on residential special school provision, by only retaining our residential provision for children who are more likely to have a statutory care involvement, is part of our savings strategy to reduce spending on the High Needs Block. By permanently removing residential provision at Broomhill Bank School North (Hextable) it would save the authority approximately £40,000 per place.
A residential weekday place at Broomhill Bank School North (Hextable) costs nearly £62,000 for each student per academic year, and an assessment by KCC has identified that there is no longer a requirement or need for KCC to continue to commission residential placements at Broomhill Bank School North (Hextable). Day placements at Broomhill Bank School North (Hextable) are on average £20,500 for 2025/26.
From 1 September 2025, all students attending the school will be day students and to continue to run the residential offer at Broomhill Bank costs a minimum of £480,000 a year to maintain.
There may be one off redundancy costs associated with this proposal, but work is ongoing with the school to ensure these costs are kept to a minimum through working with the affected staff to identify alternative employment opportunities. In the first instance the schools would ordinarily be expected to fund these costs. However, if this is deemed unaffordable, funding would be made available through the school redundancy fund (paid by the Council but funded from school contributions). Due to the exceptional nature of this proposal, KCC has agreed to meet the one-off redundancy costs. At the time of drafting this report the potential costs are anticipated to be less than £20,000.
The Local Authority is responsible for funding home to school transport for eligible children. By removing the residential offer may increase home to school transport costs to the authority if children are eligible for local authority funded travel to school, as they would then be travelling to and from school on a daily basis. By continuing to pursue our aim to meet children’s needs as locally as possible, should keep these extra costs to a minimum, by securing more efficient transport. The average cost of transporting an eligible child with SEN to school is £8,500 per year, this cost would be met from the Home to School Transport Budget.
There are no direct capital implications arising from this proposal. The buildings will be repurposed to support the educational delivery for incoming Year 7 students with a wider dimension of need.
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 SEN. These are:
· Department for Education-Making significant changes to an academy 2024: non-statutory guidance on collaborative school place planning and making organisational changes to academies.
· 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 pupils 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.
· Children’s Wellbeing and Schools Bill and the Families First Partnership Programme: a direction nationally aimed to improve children’s wellbeing and support families in need. The Bill includes Local Authorities commitment to provide education, including Special School placement, within a child and young person’s locality, so that children and young people can remain with their families.
All individual proposals to either establish new, expand current or cease current provision will be required to go through the statutory process under the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013 and Making Significant Changes to an Academy (non-statutory guidance on collaborative school place planning, October 2024). As part of this process, a public consultation was undertaken ahead of presentation of the proposal to CYPE Cabinet Committee. Should the Cabinet Member agree to the permanent removal of residential provision at Broomhill Bank School North (Hextable), a Public Notice will be issued for a period of 4 weeks.
Decision Maker: Cabinet Member for Education and Skills
Decision due date: Not before 23/07/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Ian Watts
Notice of decision: 24/06/2025
Anticipated restriction: Open
Proposed Decision:
1. APPROVE the procurement and contract award of an organic waste contract for an initial 5 years, (plus an extension of up to 5 years) commencing 1st April 2026;
2. DELEGATE authority to the Director of Environment and Circular Economy to take relevant actions to facilitate the required procurement activity;
3. DELEGATE authority to the Director of Environment and Circular Economy in consultation with the Cabinet Member for Environment, to take relevant actions, including but not limited to, awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision; and
4. DELEGATE authority to the Director of Environment and Circular Economy in consultation with the Cabinet Member for Environment to award extensions of the contract in accordance with the relevant clauses within the contract.
Reason for the decision
KCC currently has in place contractual arrangements that are due to expire 31st March 2026, and therefore is seeking new contractual arrangements from 1st April 2026, for the processing of Organic Waste currently collected by the Waste Collection Authorities and at the Household Waste Recycling Centres (HWRCs) across Kent.
Background
- As the Waste Disposal Authority, KCC has a statutory responsibility for the processing of organic waste collected by Borough and District Councils (known as the Waste Collection Authorities) from households at the kerbside, and from deposits at HWRCs across the County by residents.
- The commission will be presented in three lots and procured via a competitive procurement process under the Procurement Act 2023 and will include the provision for managing circa 95,000 tonnes per annum.
- The contract will be for an initial period of 5 years, with an option to extend up to a further 5 years. This timeframe is intended to ensure a reliable and consistent statutory service during the Local Government Reform transition period.
- The extension will be considered based on performance and value for money, in accordance with "Securing Kent’s Future" and will be assessed through a benchmarking exercise conducted 18 months before the extension clause is activated.
- The procurement will be compliant with the Procurement Act 2024.
- The contract will ensure that providers adhere to environmental legislation and permitting requirements and best practice is delivered
Options (other options considered but discarded)
- Option 1 - Do nothing – the current arrangements will cease and KCC will be unable to accept the waste - this is not an option due to KCC’s obligation to receive this material under waste legislation and dispose of it as per the Environmental Protection Act 1990.
- Option 2 - Continue to accept the waste but utilise alternative disposal options by using landfill or incineration - This is not an option as there is a desire and obligation to move material up the waste hierarchy where possible, and to meet recycling and landfill diversion targets. Furthermore, to send this material to incineration would be extremely costly against a treatment option.
- Option 3 - Extend for a further period - This is not favoured, as all organic contracts have been extended previously to align to one end date giving the opportunity to produce economies of scale when a full county re-procurement is undertaken. Three contracts do not have an available compliant extension option.
- Option 4 – Commence a full procurement exercise (recommended option) before the end of the contracts – This is the preferred option and provides sufficient time to undertake a full commissioning activity before 1st April 2026, and to secure a provider/s who can treat and utilise the waste material meeting the circular economy desired outcomes.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
· Priority 3: Environmental step change: Continue to work with our commissioning partners to create the infrastructure and jobs that enable us to reprocess waste materials and produce energy within the county, in order to maintain a closed loop local economy.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
· Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2026/27 budget and MTFP: Contract Review and delivery of best value.
Decision Maker: Cabinet Member for Environment
Decision due date: Not before 05/08/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Kay Groves
Notice of decision: 07/07/2025
Anticipated restriction: Open
Proposed decision:
(a) APPROVE the continuation of the current Household Waste Recycling Centre and Waste Transfer Station operation, management, and haulage contracts in Mid, East, and West Kent (SC18031 and SC18031/WK), by extending the existing arrangements from 18 months to a total of five years, as permitted under the contract terms. The revised contract period will now expire on 31st October 2030;
(b) DELEGATE authority to the Director of Environment and Circular Economy in consultation with the Cabinet Member for Environment to award extensions of the contract in accordance with the relevant clauses within the contract.
Reason for the decision
Following a previously approved 18-month extension, the risk profile of re-procurement has significantly increased due to inflation, geopolitical instability, fiscal changes, and uncertainty around Local Government Reform. Extending the current contracts provides cost certainty, avoids mobilisation costs, and supports continuity during legislative reforms.
Background
· As the Waste Disposal Authority, KCC has a statutory responsibility to arrange for the disposal of the household municipal waste collected in its area by the waste collection authorities, and to provide places at which persons resident in its area may deposit their household waste and for the disposal of waste so deposited.
· KCC currently contracts with FCC Environmental Ltd, for the management, operation and haulage services of 12 sites in Mid and East Kent, and with Commercial Services Kent Ltd. for 5 sites in West Kent, which commenced in 2020, and 2021 respectively.
· Both contracts included a five-year extension clause.
· The extension avoids mobilisation and exit costs and secures continued income from commercial royalties and commodities.
· Legal advice confirms the extension is compliant under PCR 2015 and internal governance.
Options
- Option 1 - Do nothing – Proceed with procurement - this is not recommended due to the high risk and cost uncertainty related to market volatility and uncertainty following impending Local Government Reform and legislative changes, as well as significant exit costs.
- Option 2 - Continue procurement with break and novation clauses - This is not an option as this would be a complex process related to how the contract might be subdivided, as well as retaining the high risk and cost uncertainty as per Option 1.Tenders may price the risk of the uncertainty and vehicle depreciation may not be covered during the term of the contract.
- Option 3 – Extend current contracts to 2030 – (recommended option) – This is the preferred option and provides stability, cost control, and legal compliance. It allows sufficient time to understand the impacts of local government reorganisation, contract costs are known and budget for and exit costs are negated or deferred.
- Option 4 – Withdraw and Re-tender with revised lotting structure - This is discounted due to timing and value concerns. The contract would not be awarded in time to mobilise the contract in a cost-effective way and would not be of a sufficient length to account for vehicle depreciation.
Preferred Option
- Option 3 is the preferred option. The authority is seeking to extend the contracts with both incumbents for a further 3.5 years, to expire 31st October 2030. This will benefit and achieve the best outcomes for the authority and Kent households and fulfil the Statutory duty of KCC operating under the Environmental Protection Act 1990.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
· Priority 3: Environmental step change: Continue to work with our commissioning partners to create the infrastructure and jobs that enable us to reprocess waste materials and produce energy within the county, in order to maintain a closed loop local economy.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
· Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2026/27 budget and MTFP: Contract Review and delivery of best value.
Financial Implications
- The extension of the contracts will be met by existing revenue budgets.
- Annual cost currently £14.6m (25/26).
- Inflationary increases are built into the MTFP each year, based on forecasts of inflation indices for the month of uplift and have been included within the figures above.
- Both Commercial Services and FCC generate royalties for KCC and growth in returns through their work at the Transfer Stations with regard to accepting commercial waste.
- Estimated Income generation from commodities and commercial royalties is expected to be in region of £4,373,600.00 per annum
- A continuation of the contract negates £750,000 in mobilisation/demobilisation costs and defers capital costs related to additional site preparedness work in readiness for new contractor.
Decision Maker: Cabinet Member for Environment
Decision due date: Not before 05/08/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: susan Reddick
Notice of decision: 07/07/2025
Anticipated restriction: Open
Proposed Decision:
a) APPROVE the procurement and contract award of zero value Local Highways Maintenance Support Contracts
b) DELEGATE authority to the Corporate Director of Growth Environment and Transport in consultation with the Cabinet Member for Highways and Transport, to take relevant actions, including but not limited to, awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision;
c) DELEGATE authority to the Corporate Director of Growth Environment and Transport, in consultation with the Cabinet Member for Highways and Transport, to award extensions of the contracts in accordance with the relevant clauses within the contracts.
Background
Our 5,400 miles of road network in Kent has a replacement value of £10.2 billion. It plays a vital part in delivering council objectives set out in Framing Kent’s Future by enabling safe and reliable journeys around and through the county – keeping Kent moving. Our roads support social wellbeing and economic prosperity. They are essential for emergency services to execute their work: policing, healthcare, fire, and emergency response provision all require an effective highway network. These services are a key part of a functioning society which cannot exist without well-maintained and well-managed roads.
Under S.41 of the Highways Act 1980 the council has the legal duty to maintain its highways and all highway assets (e.g. bridges, tunnels, drainage etc). This duty includes responsibility for maintaining, managing and where necessary improving sections of the network and to keep the highways safe for the travelling public. These contractor services need to be commissioned externally to ensure the Council meets its statutory obligations and that service continuity is maintained.
The Local Highways Maintenance Support Contracts augments delivery of highway maintenance services directly at a local level for the residents and businesses of Kent. The works undertaken as part of these contracts are managed by the local Highway Managers and their teams ensuring the budgets are spent appropriately to repair and prevent potholes and improve highway condition at those locations.
The core services included in these contracts relates to the delivery of pothole repairs, small to medium size patching repairs and small-scale resurfacing and associated works. It also supports resources that can be utilised during emergency and severe weather events should it be necessary.
Options:
These contracts are in support of the Highways Term Maintenance Contract and have been utilised in that capacity for many years. The current arrangements are due to expire and therefore new contracts are required to be procured as there are no further options to extend.
Do nothing.
This option has been ruled out. These contracts have supported delivery of highways maintenance and repairs very successfully over many years and are required to ensure delivery and resilience in the service. They also ensure that any additional grant funding can be utilised to maximum benefit and within the spend requirements of the grant.
How the proposed decision supports Framing Kent’s Future 2022-2026: (https://www.kent.gov.uk/about-the-council/strategies-and-policies/corporate-policies/our-council-strategy)
The proposed decision relates to Framing Kent’s Future priority Infrastructure for communities by ensuring our highways are safe and reliable for people to access employment, education, health provision and leisure opportunities
How the proposed decision supports Securing Kent’s Future: Securing Kents Future - Budget Recovery Strategy.pdf
The proposed decision relates to Securing Kent’s Future to review all contract spend to ensure the new contract delivers best value for money.
Decision Maker: Cabinet Member for Highways and Transport
Decision due date: Not before 05/08/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Andrew Loosemore
Notice of decision: 07/07/2025
Anticipated restriction: Open
Proposed decision:
The Cabinet Member for Highways & Transport is asked to give approval to accept the capital grant from Ebbsfleet Development Company (EDC) and to take the EDC Landscaping scheme through the stages of development and delivery specifically for:
1. Approval to enter into a funding agreement with EDC subject to the approval of the Corporate Director of Finance, Corporate & Strategic Services;
2. Approval to progress the detailed design and surveys for the project.
3. Approval to progress all statutory approvals or consents required for the schemes;
4. Approval to carry out any additional consultation with stakeholders required for the schemes;
5. Approval to enter construction contracts as necessary for the delivery of the schemes;
6. Approval for any further decisions required to allow the scheme to progress through to delivery to be undertaken by the Corporate Director of Growth Environment and Transport under the Officer Scheme of Delegations following prior consultation with the Cabinet Member.
Reason for the decision
KCC Landscaping are working with Ebbsfleet Development Corporation (EDC) to enhance the habitat and planting at highway verge and roundabout sites across Ebbsfleet Garden City. The scheme is fully funded by Ebbsfleet Development Corporation with Kent County Council (KCC) acting as the delivery arm for the project.
The scheme requires a Key Decision due to meeting the following decision criteria.
- Savings or expenditure of more than £1m: Whilst the scheme is fully externally funded the full cost exceeds £1m.
- Affects two or more Electoral Divisions: The Ebbsfleet area is situated across the boundaries of both Dartford and Gravesham.
Background
The scheme aims to demonstrate Kent County Council's (KCC) and Ebbsfleet Development Corporation's (EDC) commitment to high quality, sustainable placemaking across Ebbsfleet Garden City. The project proposes to deliver an exemplar approach to design and maintenance of green infrastructure and the creation of ecological value at key gateways into the Garden City, to include roundabouts, verges and along primary road environments. The project is championed and funded by Ebbsfleet Development Corporation but will be delivered in partnership with KCC, with KCC leading the delivery of the landscaping improvements on highway land to ensure that the proposals are to adoptable standard.
Options (other options considered but discarded)
EDC has considered a number of site options for the sites to be investigated as part of the landscaping programme. The long list of sites comprised several off-highway and developer sites, which are not being delivered by KCC. This list was reduced to a shortlist by removing all sites which are expected to come forward through developers or Ebbsfleet will directly deliver.
Various scheme options for each site will be developed through further design work.
How the proposed decision supports Framing Kent’s Future 2022-2026: (https://www.kent.gov.uk/about-the-council/strategies-and-policies/corporate-policies/our-council-strategy)
The EDC Landscaping scheme fully supports the priorities of Framing Kent’s Future, namely Environmental step change and providing infrastructure for communities. The scheme will improve access for our residents to green and natural environmental in urban areas and works with partners to deliver quality biodiversity Net Gain across Ebbsfleet. This further supports continuing work to establish new trees across the county to deliver Plan Tree’s ambitions of 1.5 million trees and a 19% canopy cover over the next ten years to support the recovery of wildlife, provide nature-based climate solutions, and enrich people’s lives.
How the proposed decision supports Securing Kent’s Future: Securing Kents Future - Budget Recovery Strategy.pdf
This decision will be taken with Securing Kent’s Future in mind. This scheme is championed by EDC. The funding for the scheme will be provided by EDC. KCC is not providing any capital funding to deliver the scheme. This will also cover the resource associated with this project. The terms and conditions of the proposed grant agreement will be subject to financial scrutiny and be aimed to protect the financial interests of KCC.
KCC, as the highway authority, has control over the landscape asset. As such, through acting as the delivery arm for EDC, KCC have ensured there will be no ongoing financial burden to KCC through the maintenance of these sites. All maintenance costs will be included within the existing landscaping maintenance budgets.
Decision Maker: Cabinet Member for Highways and Transport
Decision due date: Not before 05/08/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Robin Hadley
Notice of decision: 07/07/2025
Anticipated restriction: Open
Proposed decision:
That the Cabinet Member for Integrated Children’s Services:
1.
APPROVE the acceptance of the Children’s
Social Care Prevention Grant from the Ministry of Housing,
Communities and Local Government (MHCLG and deployment of the grant
funding in accordance with the grant conditions.
2.
APPROVE the development of the required Families
First model to comply with anticipated legislation and Families
First programme guidance principles.
3. Delegate the detailed service design and acceptance of future years grants to the Corporate Director of Children, Young People and Education.
Reason for the decision
The decision is required to formalise the acceptance and allocation of the Children’s Social Care Prevention Grant, which has already been confirmed by the MHCLG. This funding provides a critical opportunity to implement the Families First transformation model, as outlined below, which aligns with national reform priorities and KCC’s strategic objectives for children’s services. The Government have indicated grant funding will continue for at least the next two years.
Delegating authority to the Corporate Director of Children’s Services will enable timely commencement of transformation activity and ensure effective operational oversight and delivery within the scope of the grant.
Background – Provide brief additional context
Introduction
The national government has launched the Families First Partnership (FFP) programme, initially backed by over £500 million of funding for the 2025/26 financial year, including £253m of new ring-fenced funding from the MHCLG known as the Children’s Social Care Prevention Grant. This investment is intended to support local authorities and their partners to design and implement end-to-end system reform focused on providing effective early help, family support and child protection services.
The Families First Partnership programme was developed in response to recommendations from: The Independent Review of Children’s Social Care, and The Child Safeguarding Practice
Review Panel’s report on child protection in England.
These reforms bring a significant shift and refocus on how we help, protect and support children and families.
Families First Partnership programme’s objective was to design and implement a new, end-to-end system for children’s social care reform, focusing on four key areas:
· Strengthening multi-agency safeguarding arrangements.
· Establishing targeted, multi-disciplinary Family Help services for children and families eligible for, or receiving targeted early help and/or Child in Need services.
· Introducing expert-led, dedicated Multi-Agency Child Protection Teams (MACPTs), including lead child protection practitioners and an expanded parental support offer.
· Providing practical and financial support for family networks throughout the reformed system
A successful Families First programme in Kent will deliver:
· A fully integrated, family-centred system of support
· Strong multi-agency collaboration and shared accountability
· Families receiving and accessing the right help at the right time from trusted practitioners who understand their story, coordinating support and providing consistent presence throughout their journey
· Financial sustainability, ensuring that resources are used efficiently to deliver long-term value and improved outcomes.
Children’s Social Care Prevention Grant 25/26
The grant is ring-fenced and we would expect that the grant money will be spent across the same strands of activity as set out by the MHCLG:
· Transformation activity
· Workforce
· Service delivery
· Partner agency funding
The Government’s commitment to the Families First model has been reconfirmed by the Chancellor’s statement to Parliament, which included£555 million over the next 2 years from the Transformation Fund for 2026-27 and 2027-28 for children’s social care reform. £523 million provided for the Families First Programme in 2025-26 will continue in each year of the Spending Review period (£523m each year from 2026-27 – 2028-29). There is no indication of how this grant will be split between Local Authorities.
Final decision-making on the acceptance and deployment plans for the funding will be taken once the full details are available from the DfE.
Options (other options considered but discarded)
The MHCLG have already confirmed the Council’s Children’s Social Care Prevention Grant allocation for 2025/2026. The alternative option is to refuse this funding. The implementation of the new Families First Model is currently being debated in Parliament, through the Children Wellbeing and Schools Bill, and is expected to become a legal requirement. Therefore, refusing this funding would mean any costs associated with implementation of this new model would have to be met solely by the Council’s existing budget.
Considering the Council’s current financial pressures, the utilisation of this grant presents a timely and appropriate opportunity to support service transformation and improve outcomes for children and families.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
The changes to how Children Services are delivered will be mandated through the Children Wellbeing and Schools bill which is making its way through Parliament and every Local Authority is expected to implement these reforms. Formally accepting the Children’s Social Care Prevention Grant and delegating authority to the Director for Children Services to spend the grant is in line with Priority 4: New models of care and support in the Framing Kent's Future - Our Council Strategy 2022-2026.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
The changes to how Children Services are delivered will be mandated through the Children Wellbeing and Schools bill which it’s making its way through Parliament. The bill will specify various expectations for reform and will mandate every Local Authority to reform children services. By declining the acceptance of the Children’s Social Care Prevention Grant for 2025-26 and in future years, KCC will have to identify its own financial resources to support the transformation activity creating more financial pressures for the Council.
Decision Maker: Cabinet Member for Integrated Children's Services
Decision due date: Not before 05/08/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Jordan Regan
Notice of decision: 07/07/2025
Anticipated restriction: Open
Proposed decision
To recommission the Older Persons Residential and Nursing (OPRN) care service and to extend the current Dynamic Purchasing System contract arrangements for a potential further period of up to nine months to enable the awarding of new contracts and mobilisation of the procurement of the OPRN under a new Light Touch Open Framework.
Reason for the decision
The current contract, introduced in 2016 and extended via a 24-month direct award to March 2026, operates under a Dynamic Purchasing System (DPS). While the DPS has offered flexibility, it has led to growing price variation, limited market control, and challenges in monitoring quality and performance.
Significant changes in care needs, regulatory requirements, and service costs now require a more sustainable and structured model, in line with the Procurement Act 2023. The proposed solution is a new Open Framework aligned with KCC’s strategic priorities and key policies such as Framing Kent’s Future, Making a Difference Every Day, and the Accommodation Market Position Statement.
Approval is sought to proceed to tender and secure a fit-for-purpose model that delivers sustainable, high-quality care and improved outcomes for Kent’s older population, as well as the potential to extend the existing OPRN DPS for a further period of up to nine months.
Background – Provide brief additional context
In 2014, the Council re-let the then 12-year-old Residential and Nursing Care contract using a two-stage procurement process. The first stage involved a cost model review, which re-evaluated care home costs and established new guide prices for Residential, Residential High, and Nursing Care.
To support the transition and prepare both the market and the Council for the anticipated major changes linked to Phase 2 of the Care Act 2014, an 18-month contract was introduced in October 2014. This short-term contract ended on 31 March 2016.
On 1 April 2016, the current Older Persons Residential and Nursing (OPRN) Care contract commenced. It was initially set for four years, with the option of two extensions of 24 months each. Both extension periods have been fully utilised, and the contract had no provision for further extensions beyond 31 March 2024.
On 18 January 2024, the Adult Social Care Cabinet Committee approved a 24-month direct award, ensuring continued service provision until 31 March 2026.
Over the past decade there have been significant changes in care needs, regulatory requirements, workforce challenges, service delivery expectations and service costs.
This project aims to respond to Framing Kent’s Future, 2022-2026, by considering the Council’s priority of New Models of Care and Support by recognising the importance of health and social care integration, building effective strategic partnerships with our providers through coproduction whilst being innovative in the way we look to redesign services to improve quality and respond to budget constraints.
It is the Council’s priority to establish new arrangements to continue providing affordable accommodation, care, support and stimulation to those people in the client group for whom it is appropriate, either in the short or longer term, to live in a Residential or Nursing Home setting as their own home, ensuring a sustainable local market for care services (s5 Care Act 2014). This does not preclude the council developing its own homes but current contracts need to be renewed for the current externally commissioned placements.
The expectation is to commence contract award for the new service under the Light Touch Open Framework, from 1 April 2026. However to ensure continuity of provision the council may require the existing arrangements to enable the completion of the procurement.
Options (other options considered but not taken forward)
Before deciding on the preferred way forward, the following options were considered:
Option 1: Do Minimum
Scope |
OPRN Care Homes – contracted, non-contracted and future requirements |
Description |
Continue as we are (DPS):
Maintain the existing Dynamic Purchasing System (DPS) for OPRN placements. Providers submit updated prices twice a year and placements continue under legacy arrangements.
|
Pros |
No major system changes needed- Administrative continuity- Existing provider familiarity |
Cons |
|
Recommendation |
Not recommended due to high-cost pressure, poor market control, and fragmented oversight |
Option 2: Less Ambitious
Scope |
OPRN Care Homes – contracted, non-contracted and future requirements |
Description |
Expand in-house provision and/or enter a series of block arrangements through direct awards:
Increase Council-operated residential/nursing capacity and secure block beds via direct awards.
|
Pros |
Greater control over quality and delivery- Predictable costs through block rates- Ability to target capacity to priority areas |
Cons |
|
Recommendation |
Not recommended as a primary model due to high financial/resource burden and limited scalability |
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
The recommissioning of the Older Peoples Residential and Nursing (OPRN) provision will align with KCC’s four strategic priorities outlined in Framing Kent’s Future: Our Council Strategy 2022-2026, which include: -
a) Levelling Up Kent: Addressing disparities to ensure all People have access to quality services.
b) Infrastructure for Communities: Investing in infrastructure that supports community needs.
c) Environmental Step Change: Promoting sustainable practices across services.
d) New Models of Care and Support: Innovating care delivery to meet evolving needs.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
The proposed decision aligns with the ambitions set out in Framing Kent’s Future to place Kent on a sustainable footing for the medium and long term
Decision Maker: Cabinet Member for Adult Social Care and Public Health
Decision due date: Not before 23/07/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Paula Parker
Notice of decision: 24/06/2025
Anticipated restriction: Open
Cabinet is asked to:
Proposed decision –
Cabinet is asked to:
a) note the capital and revenue outturn position for 2024-25; and
b) agree roll forwards into 2025-26 in line with existing criteria (per Appendix); and
c) agree the drawing down from reserves to fund the 2024-25 overspend; and
d) agree the capital slippage/re-phasing from 2024-25 will be added to the 2025-26 and later years capital budgets (per the report); and
e) note the review of the capital programme; and
f) agree the proposed capital cash limit changes (per Appendix); and
g) agree the changes made as a result of the a reserves review (per Appendix)
Reason for the decision
The outturn position for the Council needs to be noted by Cabinet. The rolling forward of funds into 2025-26, the capital budget changes and the reserves drawdowns and realignments need to be agreed by Cabinet.
Background – Provide brief additional context
The report on the Council’s financial position as at the end of 2024-25 will be reported to Cabinet on 26 June 2025. The report provides detail of our revenue and capital outturn positions and how the revenue overspend is funded from reserves, which needs to be agreed by Cabinet.
Cabinet is also asked to agree revenue budget roll forwards, capital re-phasing, capital programme cash limit changes and reserves realignment.
Options (other options considered but discarded)
- N/A
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
Framing Kent’s Future (FKF), the KCC Strategic Statement, was approved at County Council in May 2022 and sets out the council’s ambition and strategic priorities until 2026. FKF acknowledged the significant financial and demand pressures the council would be facing over the coming four years, whilst concurrently delivering an ambitious agenda for Kent residents, businesses, and local communities. The Securing Kent's Future plans and this related Finance Monitoring report 2024-25 reflects the need to confirm a re-prioritisation of Council business within the framework of Framing Kent's Future
How the proposed decision supports Securing Kent’s Future
Securing Kent’s Future (SKF) acknowledges that given the significance of adults and children’s social care within the council’s budget, and that spending growth pressures on the council’s budget overwhelming (but not exclusively) come from social care, that the priority of delivering New Models of Care and Support must take precedence over the other priorities in Framing Kent’s Future. This creates an expectation that council services across all directorates must collectively prioritise delivering the new models of care and support objective as a collective enterprise.
The outturn Finance Monitoring report for 2024-25 provides the detail of the financial position and the relevant information on the delivery of savings and management actions to reduce the budget gap for the following year and the MTFP.
Decision Maker: Cabinet
Decision due date: 22/07/2025 Decision-making Executive committee
Lead officer: Cath Head
Notice of decision: 24/06/2025
Anticipated restriction: Open
Proposed decision: The Deputy Leader to agree to:
1. the disposal of Thistley Hill, Melbourne Avenue, Dover, CT16 2JH; and
2. to delegate authority to the Director of Infrastructure, in consultation with the Deputy Leader, to finalise the terms of the disposal and execution of all necessary or desirable documentation required to implement the above.
Reason for the decision
The property is surplus to the Council’s operational requirements and due to its projected value, disposal will require a Key Decision as per Kent County Council’s (KCC) Constitution.
Background
The property is known as Thistley Hill, Melbourne Avenue, Dover, CT16 2JH. Since 2007 the property has been used as an office and prior to this was used as a Pupil Referral Unit (PRU) and a children’s nursery. The site area is approximately 3.64 acres with direct access via Melbourne Avenue. It is expected that the level of net sales receipts to KCC will be over the £1M delegated threshold, which will therefore require a Key Decision.
Options (other options considered but discarded)
- Reuse the site.
- Continue to hold the site vacant in case of a future requirement.
- Hold the property as an investment site and seek a tenant
- Disposal of the asset. This is the recommended option.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
This decision supports Framing Kent’s Future - Our Council Strategy 2022 - 2026 as the disposal will release a surplus brownfield site, providing a redevelopment opportunity to help towards the County’s housing targets.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy
This decision supports Securing Kent’s Future 2022-2026 by securing a capital receipt to invest in KCC’s priority projects and programmes whilst also streamlining KCC’s property portfolio, achieving financial and efficiency benefits.
Decision Maker: Deputy Leader of the Council
Decision due date: Not before 23/07/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Mark Cheverton
Notice of decision: 24/06/2025
Anticipated restriction: Part exempt - view reasons
Proposed decision: The Deputy Leader to agree to:
1. the disposal of Sevenoaks Adult Education Centre, Hatton House, Bradbourne Road, TN13 3QN; and
2. delegate authority to The Director of Infrastructure, in consultation with the Deputy Leader, to finalise the terms of the disposal and execution of all necessary, or desirable documentation required to implement the above.
Reason for the decision
The property is surplus to the Council’s operational requirements and due to its projected value, disposal will require a Key Decision as per Kent County Council’s (KCC) Constitution.
Background
A service decision was taken in July 2024, which set out the changes in focus and scope from Central Government in relation to the delivery of the community skills and learning service. As a result, the service will be delivered in a different way going forwards and the Sevenoaks Adult Education building will no longer be required. There are no other suitable services that require use of the building and therefore the property will be surplus to the Councils requirements when it is vacated by the service in the Summer.
The site currently comprises the Sevenoaks Adult Education Centre, housed in a building (‘Hatton House”) originally constructed in 1874 as a private residence as well as associated outbuildings and parking. The site area is approximately 0.6ha with direct access via Bradbourne Road. It is proposed to market the site through our appointed agents, and it is expected that the level of net sales receipts to KCC will be over the £1m delegated threshold, which will therefore require a Key Decision.
Options (other options considered but discarded)
- Reuse the site.
- Hold the site as an investment and seek a tenant.
- Continue to hold the site vacant in case of a future requirement.
- Disposal of the asset. This is the recommended option.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
This decision supports Framing Kent’s Future - Our Council Strategy 2022 - 2026 as the disposal will release a surplus brownfield site, providing a redevelopment opportunity to help towards the County’s housing targets.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy
This decision supports Securing Kent’s Future 2022-2026 by securing a capital receipt to invest in KCC’s priority projects and programmes whilst also streamlining KCC’s property portfolio, achieving financial and efficiency benefits.
Decision Maker: Deputy Leader of the Council
Decision due date: 23/07/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Mark Cheverton
Notice of decision: 24/06/2025
Anticipated restriction: Part exempt - view reasons
Proposed Decision:
APPROVE the commissioning and implementation of a new service model for physical activity for older people and AGREE to enter into a Memorandum of Understanding with Active Kent to administer the grants through delivery organisations until March 2029.
Background
Since 2015, Kent County Council (KCC) have commissioned aphysical activity service for older people, known as the ‘Postural Stability Service’.
The service is for anyone aged 65 or older and those aged 50-64 years who are judged by a health professional to be at higher risk of falling.
The service aims to:
· Improve balance strength, mobility and confidence to reduce the risk of falling
· Increase knowledge and awareness of causes of falls, and potential resultant injury, and the benefits of exercise and good nutrition
· Reduce hospital emergency admissions due to falls.
The Service is delivered in recent years by two organisations. In East Kent, the service was provided by Kent Community Health Foundation Trust (KCHFT) (ceased in March 2025), and in West Kent by Involve.
In 2024 a decision was taken by KCHFT to cease this arrangement and not continue to offer this service post March 2025. This means that until a decision is made on the future of the Postural Stability Service, and the new model is in place, residents in East Kent are being signposted to other providers of local activities via links on the KCHFT Falls Prevention Service webpage. This includes links to KCC’s ‘Get moving’ webpage, Everyday Active Kent, Age UK, KCHFT “One You Walk and Talk" and Active Kent and Medway, where people can see what is on offer in their district. Residents also have the option to receive a DVD of exercises from KCHFT or view an online (internet) exercise class.
In July 2023, KCC initiated the Public Health Service Transformation Programme (PHSTP). The programme responded to a series of strategic developments, challenges, and opportunities in the commissioning landscape, and is underpinned by an evidence-based review of all internal and external Public Health funded services and grants.
As part of the PHSTP, market, stakeholder and public engagement has been undertaken. All responses and contributions from engagement has been analysed and informed future service delivery.
Reason for Decision:
There is a well-established and evidenced understanding of the need for all adults, including older and frail adults, to maintain physical activity for as long as possible to delay the onset of disability, long-term health conditions, and remain independent as long as possible.
Regular physical activity contributes to the key determinants of healthy ageing:
· Good physical and mental function
· Opportunities for social interaction
· A sense of control over, and the responsibility for one’s own health and well-being
· Managing or coping with disease symptoms and functional limitations.
Under the Care Act, KCC is obliged to provide or arrange for services, facilities or resources which would prevent, delay, or reduce individuals’ needs for care and support. Within the Care Act statutory guidance, secondary prevention or early intervention, is defined as more targeted interventions aimed at individuals who have an increased risk of developing needs, where the provision of services, resources or facilities may help slow down or reduce any further deterioration or prevent other needs from developing.
KCC also has a statutory duty to improve the health of the population and reduce health inequalities (Health and Social Care Act 2012). KCC receive a ringfenced Public Health Grant to meet this statutory duty and annually report to Government on how this Grant has been allocated.
Physical activity services for older people supports the Council to achieve priorities set out in ‘Framing Kent’s Future’ and ‘Securing Kents Future’ and plays a vital role in ensuring the effective and timely provision of preventative services which can help meet key priorities:
· Play a key role in the delivery of early intervention and prevention strategies
· Reduction in health inequalities
· Reduction in the number of emergency hospital admissions due to falls in older people
· Increase in the percentage of adults who are physically active
· Increase strength, balance and exercise education and activities for older people
· Enable people to remain independent for longer, enjoy a better quality of life and delay the onset of disability.
As part of the PHSTP, a proposed new commissioning/service model has been developed to better serve Kent’s changing population.
The new approach will include providing more classes in more locations across Kent, particularly in communities that would benefit the most.It is proposed to offer support to those aged 50 and older and include shorter, more intensive courses to increase the course completion rate. This will enable more people to get onto the course and complete it and it is anticipated that this will fit better with peoples’ lifestyles and commitments outside of the course.
Instead of commissioning two organisations to provide the service in the East and West of the county it is proposed services are delivered via a new grant system. This will allow various organisations to apply for grant funding to provide evidenced based, desirable local activities closer to where people live, contingent on meeting service requirements.
It is proposed to enter into a Memorandum of Understanding (MOU) with Active Kent to administer and manage the grant process and ongoing management of the service.
Options (other options considered but discarded)
How the proposed decision meets the priorities of New Models of Care and Support as set out in ‘‘Framing Kent’s Future – Our Council Strategy 2022 – 2026’’
Physical Activity Service’s for Older People supports the Council to achieve the following priorities set out in the Council’s Strategy 2022-2026 ‘Framing Kent’s Future’:
How the proposed decision supports Securing Kent’s Future
Physical Activity Service’s for Older People supports the Council to achieve the priorities set out in Securing Kents Future, by improving balance strength, mobility and confidence leading to reduced risk (reduction) of falling, which will decrease the demand and costs in Health and Social Care.
How the proposed decision supportsthe Kent and Medway Integrated Care Strategy
Physical Activity Service’s for Older People supports the Kent & Medway Integrated Care System to achieve the following outcomes set out in the Integrated Care Strategy:
Financial Implications
The new service length will be:
· Annual MOU with Active Kent, which will be reviewed and agreed annually. This approach will be in place until 31 March 2029.
The estimated cost to KCC Public Health from 1 April 2026 – 31 March 2029 is £507,800. This will be funded from KCC Public Health’s ringfenced grant.
Financial Year |
KCC Public Health Funding |
26/27 |
£169,400 |
27/28 |
£181,700 |
28/29 |
£156,700 |
Total |
£507,800 |
Decision Maker: Cabinet Member for Adult Social Care and Public Health
Decision due date: Not before 23/07/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Vicky Tovey
Notice of decision: 24/06/2025
Anticipated restriction: Open
Proposed decision:
APPROVE the proposed NHS Health Check programme model and agree to the commissioning of:
1. NHS Health Check primary care delivery – 1 April 2026 – 31 March 2033, (up to five years with two additional one-year extensions)
2. NHS Health Check Outreach Service - 1 April 2026 to 31 March 2033 (five years with two additional one-year extension options)
3. NHS Health Check Training Provider - 1 April 2026 to 31 March 2033 (five years with two additional one-year extension options)
4. NHS Health Check Quality Provider - 1 April 2026 to 31 March 2033 (five years with two additional one-year extension options)
Background
The statutory NHS Health Check programme was established in 2009 to improve cardiovascular health in the population by assessing risk factors, communicating opportunities for health gain and supporting people to make positive lifestyle changes that reduce risk of cardiovascular disease (CVD). The programme offers a free health check once every five years to eligible people aged between 40-74 years who do not have certain pre-existing conditions. Through a combination of blood pressure check, cholesterol test and lifestyle questions, the health check calculates a person’s risk of heart, kidney, stroke and diabetes problems. The health check advisor will then support them to consider positive lifestyle changes which could reduce this risk and make onward referrals for further support as needed.
The NHS Health Checks programme has been a national priority since responsibility for providing it passed from the NHS to Local Government in 2013. It offers the English health and social care system a proven opportunity to reduce the growing burden of non-communicable disease related to behavioural and physiological risk factors and therefore remains a priority area for both the Local Government and the NHS. It also reduces cost to the NHS and adult social care services by preventing people requiring treatment or ongoing support for CVD through prevention and early identification of those at risk.
The NHS Health Check programme is currently provided by Kent Community Health NHS Foundation Trust (KCHFT) under a partnership co-operation agreement and delivered via three main routes:
1. contracts with GPs to deliver NHS Health Checks which accounts for approximately 84% (28,125) of all health checks provided in Kent.
2. contracts with pharmacies to provide NHS Health Checks, however post COVID-19, recovery in this area has not been strong and pharmacies now deliver approximately 2% (570) of health checks compared to 11% pre-COVID.
3. provision of NHS Health Checks for GP practices who do not engage in the programme and provide an outreach service delivering opportunistic checks in community settings. This provision accounts for approximately 14% (4,802) of all health checks.
In 2024/2025, the Kent NHS Health Check programme invited 95,308 of the eligible population, slightly exceeding our 20% target for the year, and supported 33,487 (35%) individuals to access an NHS Health Check.
Reason for the decision
Kent County Council (KCC) has a duty to provide the statutory NHS Health Check programme as per the Local Authorities (Public Health Functions and Entry to Premises by Local Health Watch Representatives) Regulations 2013. This legislation provides key regulations that must be adhered to by each Local Authority in the delivery of this programme including:
· Excluding those with a pre-defined medical condition from receiving a check.
· Recording a pre-defined list of medical information during each check.
· Providing people with a cardiovascular risk score and a range of information related to their health check results.
The NHS Health Check programme is currently commissioned under a partnership co-operation agreement between KCC and Kent Community Health NHS Foundation Trust (KCHFT). This partnership agreement is due to end on 31 March 2026, and such agreements are no longer permitted under the Provider Selection Regime legislation which came into force in January 2024. As a result, a decision needs to be taken regarding the future procurement routes for these services.
In addition, Public Health has undertaken a comprehensive review of services funded by the ringfenced Public Health Grant as part of the transformation programme, with the aim of improving future services and ensuring best value for money and service sustainability. The work completed as part of this programme has included stakeholder engagement; service user insights and options appraisals, as well as a robust peer review process of the preferred option. Other options considered but rejected during the options appraisal process included:
Option 1: Keep current service the same – the current service provides a universal offer, meets all statutory requirements and has been performing well against Key Performance Indicators. However, the service is not reaching those who really need it i.e. groups at highest risk of CVD, and invite costs are high and do not make best use of digital solutions. This represents a large proportion of the budget and leaving less available for actual delivery of checks.
Option 2: Discontinue the service – this option was dismissed as a non-viable option as it would place KCC in breach of its statutory responsibilities.
Option 3: Revised model and specification – preferred option
The preferred option is to implement learning from the current service, into a revised model and specification that will better target those at higher risk of CVD. The proposal includes simplifying the oversight and management of the programme by directly contracting with the GP providers rather than through an intermediary provider (KCHFT). This will give greater oversight over delivery of the service, improved efficiencies and tighter budgetary control. All commissioning activity will adhere to ‘Spending the Council’s Money’ and relevant procurement legislation. Details of the preferred option are as follows:
§ Prioritise individuals at higher risk of CVD through targeted invitation.
§ Implement findings from engagement work (taking place in 2025/26) to employ the most effective method of inviting those at high risk of CVD, to increase their likelihood of attendance at their Health Check.
§ Continue to work with primary care as the main providers of NHS Health Checks, insourcing the contract management of the service so that KCC are contracting directly with primary care providers via a Direct Award B (as per Procurement Act 2023) The benefits of this approach include:
· Fostering continuous competition throughout the lifecycle of the contract period, lending itself to better value for money.
· An environment of continuous innovation and cost efficiency to be implemented throughout the lifecycle of the contract period, without the costs associated with recommissioning.
· Contracting directly with primary care rather than via a third party brings us closer to communities so that we are better able to respond to local need and address health inequalities at pace.
· Greater level of control and access to data and improved ability to audit performance.
· Stronger local authority relationships with primary care to make the programme more efficient and streamline with other primary care contracts.
§ Work with the Local Medical Committee and individual GP practices to encourage full roll out of the programme, with flexibility for GP practices to contract on behalf of other practices within the Primary Care Network
§ Commission a NHS Health Check outreach service and a digital training offer for all Health Check advisors in line with current procurement regulations.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
The NHS Health Checks (NHSHC) programme aligns with the Council’s ‘Framing Kent’s Future 2022-2026' strategy, supporting the following priority commitments:
Priority 1: Levelling up Kent
Priority 4: New models of care and support
The model enhancements in this proposed decision further supports these priorities with a greater focus on narrowing health inequalities, through the prioritisation of key groups at higher risk of CVD and targeting of the outreach service.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
This
approach aligns with Securing Kent’s Future and the
council’s Best Value Statutory responsibility, most notably
point 4.6 of the strategy documents as this decision will
prioritise best value considerations .
Public Health services are preventative services with evidence of good Return on Investment and can help reduce demand into other KCC services and across the health and social care system.
How the proposed decision supports the Kent and Medway Integrated Care Strategy : Kent and Medway Integrated Care Strategy
The NHS Heath Checks programme aligns to with the Kent and Medway Integrated Care Strategy, supporting the following priority commitments:
Shared Outcome 3: Supporting Happy and Healthy Living
· Support people to adopt positive mental and physical health behaviours
· Support people to live and age well, be resilient and independent
Shared Outcome 4: Empower People to Best Manage their Health Conditions
· Provide High Quality Primary Care
Shared Outcome 5: Improve Health and Care Services
· Improve equity of access to health and care services
· Provide high-quality care
Financial Implications
These contracts would be funded entirely from the ring-fenced Public Health Grant with an estimated financial commitment for a seven -year contract of £15,210,647.
The tables below outline the estimated costs to KCC Public Health over the maximum contract term. Final costs will be subject to negotiations and procurement outcomes.
Table 1: Estimated Costs to KCC Public Health (NHSHC)
|
Cost to KCCPublic Health (NHSHC) |
Primary Care Delivery and Support |
£14,013,037
|
Outreach, Quality and Training services
|
£1,197,610 |
Total Cost (5 years plus two, 1 year extensions) |
£15,210,647 |
The Public Health Grant allocated to the County Council has increased each year since the Covid-19 pandemic. In the unlikely event that the grant in future years is insufficient to cover the contract value, further savings will be negotiated with contract holders across the transformation programme.
Decision Maker: Cabinet Member for Adult Social Care and Public Health
Decision due date: Not before 23/07/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Vicky Tovey
Notice of decision: 24/06/2025
Anticipated restriction: Open
Proposed Decision:
To approve the commissioning of the Sexual Health Services from 1 April 2026 up to no later than 31st March 2031
Reason for the decision
Kent County Council (KCC) has a statutory duty to provide certain sexual health services as per Section 6 of The Local Authorities (Public Health Functions and Entry to Premises by Local Health Watch Representatives) Regulations 2013. These include the three broad responsibilities of:
I. Testing and treatment for sexually transmitted infections (STIs) excluding the treatment of Human Immunodeficiency Virus (HIV).
II. Advice on, and reasonable access to a broad range of contraceptive substances and appliances.
III. General advice and promotion of key messages to enable positive sexual health outcomes and to prevent ill sexual health.
STIs and unplanned pregnancies are significant contributors to poor health outcomes, and provision of these statutory services plays an important role in reducing the negative consequences and costs of ill sexual health.
Several sexual health service contracts are due to expire on 31 March 2026 and therefore a key decision is required to plan for beyond this date to ensure KCC is compliant with its statutory duties.
KCC is currently in a partnership arrangement with our East Kent and West Kent Integrated Sexual Health Service providers, however, due to changes in procurement legislation, this contractual option is no longer available and therefore the services need to be re-procured.
Background
The provision of sexual health services aligns with national strategies such as the Women’s Health Strategy for England by the Department of Health and Social Care (2022) and delivers to the Public Health Outcomes Framework, which aims to focus commissioned service delivery on areas which will have a positive impact upon public health outcomes for the population.
Locally, the provision of the services supports the Kent and Medway Integrated Care Strategy and delivers the recently published Kent Sexual Health Needs Assessment 2024
The sexual health service contracts in scope of this decision, which are due to expire on 31 March 2026, are:
·
West Kent Specialist Integrated Sexual Health
Service including HIV treatment and care (Maidstone, Gravesend,
Dartford, Tonbridge & Malling, Tunbridge Wells, Sevenoaks)
– Provided by Maidstone and Tunbridge Wells NHS Trust (MTW).
The contract commenced on 1 April 2019.
·
East Kent Specialist Integrated Sexual Health
Service including HIV treatment and care (Swale, Canterbury,
Thanet, Dover, Folkestone & Hythe, Ashford) – Provided by
Kent Community Health NHS Foundation Trust (KCHFT). The contract
commenced on 1 April 2020.
·
Psychosexual Therapy (Kent wide) – Provided by
KCHFT. The contract commenced on 1 April 2020.
·
Community Pharmacy Sexual Heath Service (Kent wide)
– Sub-contracted to Kent pharmacies by KCHFT. The contract
commenced on 1 April 2020.
· Online STI Testing service (Kent wide) – E-Bureau patient management team provided by MTW, the contract for testing kits and laboratory access is sub-contracted to Preventx by MTW. The contract commenced on 1 April 2019.
NHS England (NHSE) has had a long-standing statutory obligation to provide HIV treatment and care services. To promote a more integrated approach and seamless patient experience, KCC entered into a Section 75 agreement with NHSE to incorporate HIV treatment and care services into the KCC commissioned sexual health service offer. The agreement started in 2020 and has been renewed on an annual basis. In the financial year 2025/26, the statutory responsibility for commissioning HIV treatment and care services is transferring from NHSE to the Kent and Medway Integrated Care Board (ICB). KCC will continue to deliver a Section 75 agreement with the ICB to continue providing these services.
Options for re-commissioning sexual health services including the recommended option and discarded options
A comprehensive review of those services funded by the ringfenced Public Health Grant has been undertaken as part of a transformation programme. The programme has been designed toimprove service delivery to communities, ensure that services are efficient, evidence-based, deliver outcomes and best value.
An options appraisal was developed which considered a range of changes to the service delivery model, based on collaboration with key stakeholders, a peer review exercise, a public insights report and a review of the marketplace.
Preferred Option
The recommended option identified is to retain these services to ensure the council meets its statutory obligation, but to utilise the learning from the engagement with stakeholders to enhance delivery in future contracts, creating a more uniform and equitable approach to delivery across West and East Kent.
Future
service model principles are:
Options considered but rejected included:
The contracts for the service will run for a maximum of 5 years. Procurement and legal advice is being sought as to the permissible lengths of each of the contracts.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
Locally, the services support the levelling up agenda and integrated model of care outlined in the KCC strategic plan 2022-26 (Framing Kent’s Future).
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
The proposed decision supports Securing Kent’s Future 2022-2026 as a full review of options has been completed that included and prioritised best value, alongside ensuring our statutory minimum duty has been reviewed.
How the proposed decision supports the Kent and Medway Integrated Care Strategy
Kent and Medway Integrated Care Strategy
Sexual Health services, in collaboration with partners across the system, contribute to the Kent and Medway Integrated Care Strategy by supporting happy and healthy living for all through a preventative and early identification approach to STIs. Furthermore, this decision specifically will allow for greater focus on reducing health inequalities. Sexual health also supports giving young people the best start in life through health promotion and prevention elements of the contracts. Finally, services aim to empower patients and carers through the contributions to improvement in health and care services.
Decision Maker: Cabinet Member for Adult Social Care and Public Health
Decision due date: Not before 23/07/2025 To allow 28 day notice period required under Executive Decision regulations
Lead officer: Vicky Tovey
Notice of decision: 24/06/2025
Anticipated restriction: Open
Proposed decision
That the Cabinet Member for Education and Skills agree to:
a) Approve the Implementation of a standardised School Led Transport arrangement for schools, settings and other independent third party support agencies.
b) Delegate authority to the Corporate Director for Children, Young People and Education, to enter into relevant contracts or other legal agreements, including Service Level agreements (SLAs),and ensure sufficient administrative capacity, as necessary to implement this decision
Background
In line with the council’s Transport Policy for Children and Young People aged 4 to 16 and Post 16 Transport Policy Statement including Post 19, a proposed standardised approach for School Led Home to School Transport has been developed. This will facilitate direct provision of school transport to entitled pupils via their school, setting or other independent third party support agencies, at a reduced cost to the KCC arranged alternatives.
Reason
Historic non-standardised arrangements are currently in place with three schools who provide transport support for all entitled pupils that attend their setting. These schools report that these direct arrangements allow for a more responsive transport offer, which improves not only the child’s journey to and from school, but also their learning experience throughout the school day. From a Local Authority perspective, school led arrangements are more cost effective than the market equivalent and ensure that limited capacity remains available for other pupils. It is therefore prudent for Kent to implement standardised arrangements and make this opportunity available for all qualifying Kent schools.
Options (other options considered but discarded)
Kent County Council is undertaking a full review of Home to School transport arrangements to identify potential opportunities to deliver it’s statutory duties in a more cost effective manner. Consideration was also given to the potential to secure savings following retendering exercises within the existing network. This option was discounted as a system wide retendering exercise was recently completed in 2022/23 academic year and recent higher levels of inflation significantly reduce the potential for this to reduce current spend.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
This decision supports Securing Kent’s Future both in terms of supporting the objective to ensure the in-year budget remains in balance (objective 1) along with identifying and delivering saving opportunities to support the setting of a sustainable budget and MTFP (objective 2) through providing alternative commissioning arrangements for Home to School Transport. This will contribute towards the delivery of the £6.3m savings attributed to Home to School Transport in 24-25 where new arrangements are entered into during the new academic year.
Financial Implications
The intention of all school led transport arrangements is that they will only be organised where there is a financial benefit in addition to the opportunity to provide more flexible options for eligible pupils. Given the nature of operator provided transport, it is likely that most school led arrangements will meet this requirement. Additional staffing administration requirements are expected to be funded from securing new agreements. Based on proposals put forward by providers to date, it is estimated this will be achieved with the securing of one additional agreement, with additional agreements contributing towards the wider savings targets related to Home to School.
Legal Implications
Sections 508B and 508C of the Education Act 1996 explain how Council tax funded school transport should operate across the UK for 4 to 16 year olds.
Under the Act, a parent is responsible for ensuring that their child attends school regularly. However, Section 444(3B) provides that a parent will have a defence in law against a prosecution by a Local Authority (Council) for their child’s non-attendance at school, where the Local Authority has a duty to make travel arrangements in relation to the Children and Young People (CYP) under Section 508B and has failed to discharge that duty.
Local Authorities do not have a general obligation to provide Council tax payer funded or subsidised post 16 travel support in the same way as for pupils aged 4 to 16, but do have a duty to prepare and publish an annual transport policy statement specifying the arrangements for the provision of transport, or other support that the authority considers it necessary to make to facilitate the attendance of all persons of sixth form age receiving education or training.
The requirements placed on a Local Authority are defined in the Education Act 1996 (as amended), Education and Skills Act 2008, Education and Inspections Act 2006, Apprenticeships, Skills, Children and Learning Act 2009 and the Equality Act 2010.
There are legal implications in relation to compliance with the Public Contract Regulations 2015 in relation to Economic Operators as well as compliance to our internal policy Spending the Council’s Money.
Decision Maker: Cabinet Member for Education and Skills
Decision due date: Not before 25/07/2024 To allow 28 day notice period required under Exeuctive Decision regulations
Lead officer: Craig Chapman
Notice of decision: 26/06/2024
Anticipated restriction: Open
Proposed decision:
The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to the implementation of a new Independent Consultancy Services Framework to support the delivery of the Capital Works Programmes over a 6-year (4-year+1+1) contract period to include the following disciplines:
• Lot 1 – Multi-discipline (client delegated duties)
• Lot 2 – Project Manager (including client delegated Quantity Surveying duties)
• Lot 3 – Supervisor
• Lot 4 – Technical Advisor
• Lot 5 – Construction Design and Management Advisor
Reason for the decision
The Kent County Council had previously appointed consultants on a project-by-project basis via the Property Services Consultancy Framework, to provide professional consultancy services to support construction projects. However, the Framework expired in June 2020 and procurement of such services has since been conducted on a project-by-project basis, tendered or direct award procurements in-line with Spending the Council’s Money Policy and Public Contract Regulations.
The current method of procuring consultancy services is time consuming and resource intensive and requires a more efficient approach. In addition, a new professional consultancy services framework that aligns to the new construction partnership framework (already in place) and proposed minor work construction partnership framework (subject to procurement).
Options
There are 3 options to consider for the ongoing procurement of consultancy services:
• Insource of consultancy provision.
• Continuing with current arrangement of tendering/direct award for each requirement
• Establishing a new Construction Consultancy Framework.
Option 3, to establishing a new Construction Consultancy Framework is the preferred option, as this would provide a pre-qualified framework of consultants to efficiently support the projects procured via the new Construction and proposed Minor Works Partnership Frameworks on behalf of Kent County Council. It is likely that the Frameworks will work on a rotational basis so that all suppliers get equal allocation of works (performance and project dependant). In addition to this the facility to undertake mini tenders will be included.
It is envisaged that the new Independent Construction Consultancy Services Frameworks will commence by October 2023.
How the proposed decision supports the Interim Strategic Plan
The proposed decision will support the objectives of Strategic Delivery Plan 2020 – 2023 by:
• Supporting the delivery of the Council’s Infrastructure Capital Delivery Programme
• Supporting the delivery of the Kent Commissioning Plan for Education Provision 2020-2024, including the Basic Need programme
• Supporting the KCC Corporate Estate maintenance programme.
• Supporting the KCC Education Estate maintenance programme.
Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Decision due date: Not before 11/04/2023
Lead officer: James Sanderson
Notice of decision: 13/03/2023
Anticipated restriction: Part exempt - view reasons
Proposed decision –
Contracts to be awarded to successful providers for the provision of Community Support Services (Care and Support in the Home) for Disabled Children and Young People following a recent procurement exercise linked to the Adults Care and Support in the Home contract.
Delegate decisions on the implementation to the Corporate Director of Children, Young People and Education, or other Officer, in consultation with the Corporate Director of Adult Social Care and Health as appropriate.
Further information –
Decision 20/00102 - Community Support Services for Disabled Children & Young People was taken on 19 March 2020 and allowed officers to follow a competitive procurement process for children’s community support services within the Adults ‘Care and Support in the Home’ contract.
Following the competitive procurement process a further decision is required to award the contracts to the successful providers.
Decision Maker: Cabinet Member for Integrated Children's Services
Decision due date: Not before 08/10/2021
Division affected: (All Division);
Lead officer: Christy Holden
Notice of decision: 09/09/2021
Anticipated restriction: Open
Approval to the Director of Infrastructure to progress with and enter into the necessary documentation to complete the disposal of the aforementioned property in consultation with the Cabinet Member for Corporate and Democratic Services. The Decision will seek legal agreements to be actioned to complete the sale of the relevant properties.
Decision Maker: Cabinet Member for Corporate and Democratic Services
Decision due date: Not before 18/10/2017 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements
Lead officer: Roderick Lemerle
Notice of decision: 20/09/2017
Anticipated restriction: Part exempt - view reasons