Proposed decision –

 

Cabinet is asked to:

 

a)    NOTE the revenue and capital forecast outturn position for 2026-27 detailed in the report, and accompanying appendices

b)    AGREE the revenue cash limit adjustments in 2026-27 to update the base budget position (per Appendix)

c)    AGREE the subsequent revenue and capital cash limit adjustments (per Appendix)

 

Reason for the decision

 

The forecast capital and revenue outturn position for the Council needs to be noted by Cabinet.  The revenue and capital budget changes need to be agreed by Cabinet.

 

Background

 

The report on the Council’s forecast financial position at the end of 2026-27 will be reported to Cabinet on 1 October 2026. The report provides detail of our forecast capital and revenue positions, reserves monitoring, Treasury Management and Prudential Indicators.

 

Cabinet is asked to note the Q1 position and to agree revenue and capital cash limit changes as detailed in the report.

 

Options (other options considered but discarded)

 

N/A

 

How the proposed decision supports the Council’s Strategic Statement

 

The Council’s strategic statement, Reforming Kent 2025-28, recognises the significant financial and demand pressures the Council faces, balancing the need to manage spending, deliver savings and generate income, whilst delivering positive outcomes for Kent residents, businesses and local communities.

 

The Council’s strategic statement acknowledges the significance of adults social care and SEND on the wider KCC budget position and therefore the need for the financial position to presented to Cabinet for consideration on a regular basis. The forecast outturn report for 2025-26 provides the detail of the financial position and the relevant information on the delivery of savings, reserves position and Treasury Management.

 

 

Proposed decision

 

1.    CEASE activity related to key decision 25/00068 and halt the continuation of development of the Junction 11 waste transfer station scheme

 

2.    APPROVE option 5, the procurement and award of a Transfer Services contract to secure a commercial waste transfer solution through a compliant competitive process.

 

3.    DELEGATE authority to the Director of Environment and Circular Economy to undertake all relevant actions to facilitate the procurement process.

 

4.    DELEGATE authority to the Director of Environment and Circular Economy in consultation with the Cabinet Member for Environment, Coastal Regeneration and Public Health, to take relevant actions, including but not limited to, awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision: and

 

5.    DELEGATE authority to the Director of Environment and Circular Economy, in consultation with the Cabinet Member for Environment, Coastal Regeneration and Public Health, to award extensions of the contract in accordance with the relevant clauses within the contract.

 

 

Reason for the decision

 

KCC currently relies on a split transfer arrangement to manage kerbside waste arising from Folkestone and Hythe, using Ashford Transfer Station and a temporary contractual arrangement at Ross Way. Neither facility is capable of accepting the full range of materials or meeting operational requirements.

 

The contract at Ross Way will end in 2028, and there is a need to secure a compliant, resilient and long term solution to ensure continuity of statutory waste disposal services.

 

Key Decision 25/00068, taken in October 2025, previously approved the project and funding to build a waste transfer station on a site near J11 of the M20 in Folkestone and Hythe, subject to KCC being able to fulfil all of the requirements of the planning consent for this development.

 

Since October, there has been a key change relating to the discharge of planning conditions that impacts the previous key decision:

 

Planning permission for the development includes the need for additional land outside of the land parcel secured by KCC to accommodate tree screening and ecology requirements. Prior to the October 2025 decision being taken, Folkestone and Hythe District Council had confirmed that they would purchase this additional land and put in place appropriate ownership arrangements that would enable KCC to discharge its planning conditions, subject to the necessary approvals and agreements. Folkestone & Hythe District Council has been unable to secure that land within the timeframe required by KCC, meaning the planning conditions cannot be discharged and the development cannot proceed in its current form. Consideration was given to whether the screening and ecology requirements could be accommodated within the footprint of the KCC acquired site, however it was concluded that this is not possible within the space available. As a result of not being able to discharge the required planning conditions required under the previous key decision a review of the available options has been conducted.

 

This review and associated market engagement activity has identified commercial capacity to bulk and haul most of this material, therefore there is now a route to market through a compliant competitive process.

 

This proposed decision therefore replaces and updates decision 25/00068.

 

Background

-      As the Waste Disposal Authority, KCC has a statutory responsibility to arrange for the disposal of household waste collected by District and Borough Councils, known as Waste Collection Authorities. This is typically delivered through transfer stations where waste is received, bulked and transported to final treatment or disposal facilities.

-      Currently, waste from Folkestone and Hythe is managed through:

o    Ashford Transfer Station, operated by FCC Environment, manages food and residual waste

o    A temporary arrangement at Ross Way, Folkestone, operated by Veolia manages dry mixed recycling and street cleansing arisings.

-      Neither facility has sufficient capacity or capability to manage the full range of kerbside materials, resulting in operational inefficiencies, increased haulage distances and additional costs as both residual and food waste are transported outside the district. 

-      A previously approved proposal to develop a KCC operated facility within the district cannot proceed due to planning constraints as outlined above.

-      Market engagement carried out in May 2026 has identified that there is now commercial interest in and capacity to manage this material. The service will therefore be competitively procured through a flexible two-lot contract structure (with and without food waste), and the commissioning approach has been shaped by market feedback to ensure value for money.

-      The proposed contract will:

o        provide receipt, bulking and onward haulage of approximately 40,000 tonnes of material per annum;

o        be structured to allow flexibility across material types through a two-lot approach with and without food waste;

o        include KPIs, performance measures, environmental compliance requirements and social value commitments;

o        ensure no waste is sent to landfill; and

o        support operational efficiency and reduce unnecessary vehicle movements.

-      The contract term will consider the life cycle and investment in vehicles and plant, local government reform and the required continuity in service to ensure a reliable and consistent statutory service alongside best value principles.

-      Any extension will be considered based on performance and value for money. A benchmarking exercise would be conducted 18 months prior to any extension to assess ongoing competitiveness and service quality.

-      The contract will ensure that providers adhere to environmental legislation, permitting requirements and best practice is delivered.

-      Key risks to this approach include potential limited market competition including the ability for commercial contractors to secure the required planning permission to be able to accept food waste, sector cost inflation (particularly haulage) and compliance with environmental permitting requirements. These risks will be mitigated where possible through procurement design, contractual mechanisms and ongoing contract management. Local Government Reorganisation introduces uncertainty, which has been addressed through proposed contract flexibility

 

Options (including other options considered but discarded)

Option 1 - Do nothing (discarded)
Continue with or extend existing arrangements. This is not viable due to capacity constraints, operational limitations and the expiry of current arrangements in 2028.

Option 2 and 3 – Extend developer contribution collection periods to 2045 (option 2) or 2040 (option 3) to close the funding gap to develop the Junction 11 scheme (discarded)

Previously approved but no longer deliverable due to inability to secure the additional land required to satisfy planning conditions and the associated programme and financial risks.

Option 4 – Change to a design, build, finance, operate model (discarded)
Not viable due to the inability to secure the additional land required to satisfy planning conditions and the associated programme and financial risks.

Option 5 – Procure a commercial facility to deliver the service (recommended)

Previously discarded, however re-evaluation of the options since previous assessment and engagement with the market has identified commercial capacity to process some, if not all, of this material. The capacity of commercial providers to bulk and haul food waste is not yet developed but may come on stream later this year. Should it not be possible to procure a local solution for food waste, it has been concluded that transportation to neighbouring boroughs will be possible.

Following market engagement in May 2026 the recommendation therefore is to undertake a full procurement exercise to appoint a suitably qualified provider to deliver transfer services within the district. This provides a compliant, efficient and longer-term solution within the timescale required that ensures service continuity and value for money.

 

How the proposed decision supports ‘Reforming Kent’ Strategy 2025-2028:

 

This decision is compliant with the Strategic Statement and supports the delivery of Reforming Kent: Aim 2 - Objective 6: We will ensure there is an effective waste management and recycling service that is value for money and improves rates of recycling through a simpler and efficient process.

 

Financial Implications

-      The forecast cost of the Junction 11 scheme including the required land purchase was c£14.5m. It was proposed that £8.3m of this cost would be met long term through developer contributions although a significant proportion would have needed to be forward funded. £5.3m of this cost would have been met by KCC capital investment and the remaining c.£900k from the waste reserve.

-      The estimated contract value is based on approximately 40,000 tonnes per annum and the suggested market engagement rates which it must be noted are not guaranteed until the formal procurement of a contract is concluded.

-      The current annual budget for 2026/27 for the management of all waste streams for Folkestone and Hythe is £740.5k. This includes haulage and tipping away charges that are levied.

-      The forecast annual budget for 2027/28 based on the updated rates and assuming that a contractual solution for food waste is achieved is c.£1.553m. This reflects the anticipated increase in costs associated with transitioning to a more sustainable long-term waste management arrangement for Folkestone & Hythe. The increase is consistent with forecasts already incorporated within the Medium Term Financial Plan (MTFP) and is therefore expected regardless of the specific solution ultimately implemented.

-      If a contractual solution for food waste is not achieved then the forecast annual budget for 2027/28 increases to c.£1.729m.

-      Approximately £722k of previously incurred development costs will become abortive once the Junction 11 scheme ceases. These costs are currently unfunded. Avoiding further escalation of this exposure is a key consideration in the recommended approach.

-      If the most economically advantageous compliant tender exceeds the available budget, and there is limited scope to reduce costs due to the operational nature of the service, this would result in both an in-year, and year on year financial pressure. These pressures would be realigned in the MTFP with relevant offsetting savings or income requirements needing to be identified.

-      Cost pressures are anticipated to be related to:

o   Increase in costs across the haulage and waste sectors;

o   legislative requirements, such as Simpler Recycling.

-      These will be managed through procurement and contract mechanisms to achieve value for money.

-      Any tonnage fluctuation above or below the budget will be managed as part of the monthly financial monitoring process.

-      Additionally, the proposed procurement route may require up to £250,000 investment in infrastructure upgrades if food waste is excluded from the commercial contract. These upgrades are proposed at an alternative existing KCC site to enable food waste to be transported there and will attract tipping away charges albeit at a lower rate than currently due to the smaller volumes. It is intended that this cost will be met in full from the waste reserve, thereby avoiding any direct impact on the Council’s revenue budget

-      The procurement option results in higher ongoing revenue costs compared to a Council-owned facility but removes the requirement for significant upfront capital investment and associated delivery risk. Approximately £722k of development costs relating to the previous scheme will become abortive.

 

Proposed decision –

To approve, subject to a funding allocation being awarded by the Department for Education (DfE), the acceptance and deployment of capital grant funding for phase 3 of the School Based Nursery programme 2027 to 2030

 

Reason for the decision

 

The local authority may submit a bid to the Department for Education (DfE), by 30th September 2026, putting forward the projects it proposes to develop in Phase 3 of the national School Based Nursery Programme.  Should funding be allocated, the decision seeks the Cabinet Members approval to accept and deploy the grant funding to deliver the new school-based nurseries.

 

Background

 

The DfE has operated two phases of its school-based nursery programme (SBN).  Phase 1 was only available to schools with surplus accommodation that could be converted for less than £50k – five schools in Kent successfully applied.  Phase 2 widened to schools with more expensive proposals, but these needed to be well advanced, for example already having planning consent for a new building.  The schools made applications directly to the DfE, and the funding arrangements are between the schools and the DfE.  The DfE has already announced the successful phase 2 schools, with 9 of the 300 nationally being in Kent.

 

Phase 3 is a three-year programme.  It invites local authorities to develop multi-year funding proposals to deliver new and extended school-based nurseries between 2027 and 2030.  To be eligible for the grant, the SBN project must result in the creation of additional early education and childcare places.  These places should support the delivery of the government’s early education and childcare entitlements.

 

The government remains committed to expanding SBNs across England and has pledged almost £325 million of further funding between 2027 and 2030 to support future phases of the programme.   Local authorities can apply for as much capital funding as needed to create or repurpose spaces for nursery provision.  The use of surplus space is not a requirement for phase 3 of the programme. 

 

The local authority is currently working with approximately 30 schools county wide to develop each school’s costed proposals.  The local authority is then required to submit a bid to the DfE by 30th September putting forward the projects it deems are most likely to secure DfE funding.

 

Financial Implications

 

Phase 3 of the school based nursery programme is expected to be fully funded from the DfE through the School-Based Nursery (SBN) Capital Grant 2027-30. There is nearly £325 million of funding available with local authorities expected to bid for required funding for each individual project. There is no limit to the number of projects a local authority can bid for but each is assessed on its own merits and the DfE are not expecting individual projects to cost more than £1 million (or £0.5 million if repurposing existing spaces). Local Authorities will be required to justify costs for all projects with the DfE considering relative value for money when assessing the bids. This funding can also be used in conjunction with other funding sources (for example Trust reserves) where applicable.  

 

The grant cannot be used to reimburse costs already incurred before the grant is awarded, and unforeseen capital expenses will also not be covered by DfE. The DfE recommends that every

project bid includes a contingency in its cost planning to account for unforeseen expenses that is proportionate with the level of risk inherent in the project(s). Project level technical advisor fees can be funded from the capital grant up to 10% of the SBN project value. There is no KCC General Fund requirement expected for this decision, other revenue costs are expected to be met from existing resources.

 

The DfE also require the bids to span 3 financial years with the following funding distribution:

• 20% of total funding in Year 1 (April 2027 to March 2028) 

• 30% in Year 2 (April 2028 to March 2029) 

• 50% in Year 3 (April 2029 to March 2030) 

 

The DfE will inform the local authority of the totality of the grant in Spring 2027.

 

How the proposed decision supports the Council’s Strategic Statement

 

Aim 3: Supporting residents that need help.  Phase 3 of the School Based Nursery Capital Programme supports Aim 3 as it provides greater focus on prevention and early intervention and supports the ambition that every child has the chance to grow up safe and secure. 

 

Options

 

Option 1 – Accept and deploy any funding allocated by the Department for Education under Phase 3 of the School-Based Nursery Programme 2027–2030 (recommended proposal to be progressed). This would enable the Council to secure external capital funding to increase early years and childcare provision etc.

 

Option 2 – Decline funding allocation. This was rejected because this is an opportunity to receive capital funding from the DfE to further increase early years places across the county, especially in areas identified as being deprived and/or with lower, present capacity. 

 

Proposed decision

 

APPROVE, £1.4 million capital contribution to provide 2 FE core facilities at Water Meadows Primary School to the DfE School’s rebuild programme of the 1 FE school.

 

Reason for the decision

 

The DfE identified Water Meadows Primary School to be included in the Schools Rebuild Programme and is rebuilding the 1FE School. As the school has been identified to be expanded by KCC in the Kent Commissioning Plan in response to new housing developments in the vicinity, KCC has the opportunity to contribute funding to enable the inclusion of 2FE core facilities within the rebuild. This will future proof the school site and provide infrastructure capable of supporting a future expansion should additional pupil places be required. Delivering these facilities as part of the rebuild represents better value for money and minimises cost, disruption and inefficiency for retrofitting the infrastructure at a later date.

 

Background

 

Water Meadows is a 1FE Primary school on the outskirts of Canterbury City and is part of The Stour Academy Trust. It was successful in a bid to the DfE to be rebuilt under the Schools Rebuild Programme.

 

The Kent Commissioning Plan identifies Water Meadows Primary school to be expanded by 1FE to meet the needs of pupils generated from new housing developments adjacent to the school and in the planning group. The expected primary pupil yield from new developments in the planning group is 277 new primary pupils. A 1FE expansion provides 210 places across Year R to Year 6.

 

The new housing development of Land North of Hersden CA/22/01845 (800 homes) is adjacent to Water Meadows School and within the planning application includes 0.8h of land to expand the school by 1FE. The primary pupil yield for this development is 207 pupils. The application is currently awaiting a decision by Canterbury City Council. The decision is expected shortly and the s106 is in draft form.

 

Options (other options considered but discarded)

 

Option 1: Proposal being progressed)

Contribute £1.4m to enable the DfE to incorporate 2FE core facilities within the rebuild – this is the recommended proposal to be progressed as it future proofs the site and reduces cost and disruption to any future expansion should additional places be required. Water Meadows was identified as the appropriate site as it is adjacent to the new housing development.

 

Option 2: (not recommended)

Allow the DfE to rebuild the school as a standard 1FE school without the enhanced core facilities. Any future expansion would likely require additional works to a newly rebuilt school, resulting in greater cost, disruption and inefficiencies.

 

 

How the proposed decision supports the Council’s Strategic Statement

 

Aim 3: Supporting residents that needs help.

Aim 4: Building better communities. Ensure that the infrastructure needs of the county to support economic growth and quality of life are fully in place.

 

This project will ensure that there are sufficient school places in the local area and the school infrastructure is appropriate to mitigate the new housing developments.

 

Financial Implications

 

The DfE are leading on this project, and most costs are expected to be met directly by the DfE through the Schools Rebuild Programme. The estimated total cost of capital contributions from KCC to the DfE for this project is estimated to be up to £1,400,000.00 and includes c£1.1m of base build costs and c£0.3m of external works and associated infrastructure. The project is at design Stage 3 with the planning application submitted to Canterbury City Council. The determination date is mid-August. The budget includes a risk allowance of 15%.

 

Capital costs for this contribution are expected to be met from through the Basic Need Capital Programme, which is funded from a range of sources including Basic Need Grant, Developer Contributions, Prudential Borrowing (agreed for historic schemes) and other specific grants. For this specific project, KCC currently holds banked developer contributions totalling £1,020,300 towards Water Meadows Primary School 1 FE expansion. A Community Infrastructure Levy bid has been submitted to Canterbury City Council for the remaining £379,700; we are awaiting the outcome of the bid, and this is expected in October. If the bid is unsuccessful the wider Basic Need budget (currently £148m) will be required to fund the difference. This is expected to be manageable within the overall budget.

 

Further developer contributions are being sought for the future 1FE expansion.

 

There are no revenue implications for this design. However, there is a risk that if this project does not go ahead any abortive costs will need to be transferred to revenue.

 

Proposed decision

 

To procure a Specialist Highway Support Services Framework to provide independent cost consultancy, specialist utility support and programme review services to support the delivery of highway and transportation schemes across Kent.

 

To delegate authority to the Director of Highways and Transport to take the necessary actions to award the framework and enter into the associated contractual arrangements, including any permitted extensions.

 

Reason for the decision

 

The existing Independent Cost Consultancy contract expires in March 2027. The proposed framework will ensure continuity of essential specialist support services required for the development and delivery of highway and transportation schemes. The framework expands the existing arrangements to include specialist utility support and programme review services, providing greater flexibility and resilience across the capital programme.

 

 

Background

 

The Major Capital Programme Team has utilised independent cost consultancy services for over 15 years to support the delivery of highway and transportation schemes. These services were formalised through contract arrangements in 2018 and have supported 69 projects to date.

 

The existing arrangements provide independent assurance of project costs, support business case development and assist with NEC contract administration. The proposed framework broadens the scope to include specialist utility support and programme review services required to support the delivery of increasingly complex infrastructure projects. To date, Utilities support and Programme Review services have either been provided through sub-consultancy arrangements or sourced separately on an ad-hoc basis. The proposed framework will consolidate these services into a single contractual arrangement, providing a more consistent and efficient approach to procuring specialist support.

 

Options (other options considered but discarded)

 

Alternative options considered included utilising the existing Professional Services Framework (PSF) and alternative third-party frameworks. These options were discounted as the PSF was not designed for these specialist requirements and does not provide Specialist Utility Support or Programme Review services. In addition, they would not maintain the necessary independence between design consultants and cost assurance functions.

 

A do-nothing option was also considered but discounted as access to these services is an ongoing requirement beyond the existing arrangements expiring in March 2027.

 

How the proposed decision supports the Council’s Strategic Statement

 

The proposed framework will support the delivery of infrastructure investment across Kent by providing independent assurance of project costs, programmes and commercial arrangements. This will help ensure that publicly funded projects are developed on a robust basis, represent value for money and can be delivered efficiently and effectively.

 

 

Proposed decision - Approval to extend the Domestic Abuse Act (DA Act) Framework to March 2029, in line with confirmed multi-year financial settlements from the Ministry of Housing, Communities and Local Government (MHCLG).

 

Approval to extend the well performing Kent Integrated Domestic Abuse Service (KIDAS) and Safe Accommodation Support Service (SASS) up to 31 January 2028 to ensure continuity of statutory service provision, support system stability, and enable a robust and compliant recommissioning process, including sufficient time for procurement, mobilisation, and co-commissioning.

 

Reason for the decision

Extension of Domestic Abuse Act (DA Act) Framework  - The Domestic Abuse Framework (originally approved under Key Decision 23/00060 and extended under Key Decision 25/00033) is currently in place until March 2027. It provides the governance structure for determining the allocation and use of Domestic Abuse Duty Safe Accommodation grant funding, as well as supporting strategic and operational decision-making. MHCLG has now confirmed multi-year settlements through the Homelessness, Rough Sleeping and Domestic Abuse Grant which is consolidating multiple funding streams including what was the Domestic Abuse Safe Accommodation Grant.

 

Extending the Framework to align with the duration of the Grant (to March 2029), and updating it to reflect the consolidated funding requirements, will:

·         Ensure continued compliance with the Grant conditions and statutory duties under Part 4 of the Domestic Abuse Act 2021,

·         Enable longer-term strategic planning and commissioning,

·         Support delivery of the Kent & Medway Domestic Abuse Strategy 2024–2029,

·         Provide flexibility to respond to changing need within the parameters set by MHCLG.

Extension of Kent Integrated Domestic Abuse Service (KIDAS) and Safe Accommodation Support Service (SASS) - KCC have services delivering support to survivors of domestic abuse which are due to end 31 March 2027:

1.    Kent Integrated Domestic Abuse Service (KIDAS) including:

o    Referral, Assessment and Triage (RAT) service, delivered countywide by a partnership arrangement, through a contract held by the Office of the Police and Crime Commissioner. The cost of this element is met in full by the OPCC as their financial contribution to the integrated service model.

o   Contract SS16041, delivered countywide by Oasis Domestic Abuse Service, Clarion Housing group and Look Ahead Care and Support Ltd.

2.    Safe Accommodation Support Service (SASS) SC220255

 

Commissioners are progressing the recommissioning of domestic abuse support services and the development of the new Kent Integrated Family Domestic Abuse Service (KIFDAS), which will bring together multiple funding streams, services, and activities (including KIDAS and SASS) into a single, coordinated service, aligned under one contractual framework. The transition from existing service arrangements to the KIFDAS model is complex and critical to get right. A well-managed transition is essential to ensure continuity of support for victims and their children, minimise operational disruption, and maintain safeguarding arrangements.

 

Given the complexity and in response to feedback from partner agencies during engagement activities, the extension of existing contracts, until 31 January 2028, is necessary to ensure successful procurement and mobilisation of the new contractual arrangements, without creating any disruption to service delivery. The additional time will also support multiple partners (up to 15) to collaboratively shape a strong, sustainable funding model that reflects shared responsibilities and long?term system priorities for KIFDAS.

 

Background

Domestic abuse is a cross-cutting issue. KCC has statutory duties under Part 4 of the Domestic Abuse (DA) Act 2021 to assess need, publish a strategy, and commission support for victims and their children residing in safe accommodation. Since 2021, these duties have been supported through grant funding from central government. The established Domestic Abuse Framework 2025-27 provides the governance mechanism to ensure funding is allocated in line with statutory requirements, local need, and strategic priorities set out in the Multi Agency Domestic Abuse Strategy 2024-29.

 

Key services to support survivors of domestic abuse are the Kent Integrated Domestic Abuse Service (KIDAS) and Safe Accommodation Support Service (SASS). Both are due to end 31 March 2027. Commissioners are progressing recommissioning activity and development of a new service to replace both and the procurement will aim to launch in Autumn 2026.

 

Options (other options considered but discarded)

·         Option 1: Do Nothing - Allow Framework and contracts to end without extension. This option has been rejected as it risks a failure to meet statutory duties under the Domestic Abuse Act and service disruption to victims of domestic abuse, including adults and children.

·         Option 2: Immediate Recommissioning – Extend Framework and proceed with immediate procurement of KIFDAS prior to full financial and organisational stability.This option has been rejected as it risks the codesigned KIFDAS model not being achievable within the funding envelope, further risking a poor market response, reduced value for money and service disruption caused by insufficient mobilisation period.

·         Option 3: Extend Framework, KIDAS and SASS services - This is the proposed option to be progressed as it maintains continuity and compliance, supports strategic alignment and co-production and enables robust procurement and mobilisation.

 

How the proposed decision supports the Council’s Strategic Statement

The extension of the DA Framework and proposed extension of the KIDAS and SASS contracts supports the delivery of a safer, more resilient Kent and contributes directly to the council’s ambitions for prevention, partnership working, financial sustainability, and system reform as set out in Reforming Kent 2025 – 2028, Our Council Strategy.

 

Financial Implications

The total cost for the proposed extension of the Domestic Abuse Act Framework across 2027-28 and services for the period 1 April 2027 to 31 January 2028 is £6,469,853.39, broken down as follows:

• Extension of Domestic Abuse Framework - The cost of implementing the Domestic Abuse Framework across 2027-29 will be met in full by Homelessness, Rough Sleeping and Domestic Abuse Grant funding, including unspent grant funding from previous years (held in reserves). A draft budget forecast for 2027-28 indicates that expenditure will be £5,197,005.52. This figure includes funding for key service delivery, including:
  • £2,110,879.98 for services delivered by the Kent Integrated Domestic Abuse Service (KIDAS) until 31 January 2028; and
  • £572,090.95 for the Safe Accommodation Support Service (SASS), until 31 January 2028.

 

• Extension of KIDAS –
  • The countywide KIDAS Referral, Assessment and Triage Service is provided through the OPCC’s Kent and Medway victim support contract, and the cost of this element is met in full by the OPCC as their financial contribution to the integrated service model. The OPCC has confirmed that this arrangement can continue for the duration of the proposed KIDAS extension.
  • The full cost to extend the KIDAS contract (SS16 041) for 10 months from 1 April 2027 to 31 January 2028 is £3,383,727.85. Of this total, £2,110,879.98 is funded from within the Domestic Abuse Framework allocation set out above. The remaining balance is met through existing KIDAS funding partner contributions, including Public Health Grant funding*,the Office of the Police and Crime Commissioner, Kent Fire and Rescue, the Integrated Care Board, and district and borough councils (Ashford, Canterbury, Dartford, Dover, Folkestone and Hythe, Gravesham, Maidstone, Swale and Thanet). This blended funding arrangement ensures that the full cost of the extension is met without creating any additional pressure on KCC’s base budget.

 

* This Public Health contribution is fully supported by the relevant Director and Cabinet Member

 

• Extension of SASS - The costs to extend the SASS contract (SC220 255) for 10 months from 1 April 2027 until 31 January 2028, is £572,090.95. This amount is included within the overall Domestic Abuse Framework allocation set out above and will be met in full by the Homelessness, Rough Sleeping and Domestic Abuse Act Grant.

 

Proposed decision

 

• CONFIRM the cessation of Kent County Council’s role as host authority for Active Kent & Medway (AKM).and the conclusion of the current hosting arrangements.

 

• APPROVE the transition arrangements to support a transfer of functions, resource and staffing to an independent legal entity.

 

• DELEGATE AUTHORITY to the Corporate Director for Growth, Environment and Transport and the Director of Public Health, in consultation with the Cabinet Member for Community and Regulatory Services and the Cabinet Member for Public Health, to implement the necessary arrangements arising from the cessation of hosting, and to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

 

 

Reason for the decision

 

To enable AKM to move from a hosted arrangement to a fit-for-purpose independent legal entity that can strengthen its strategic leadership, secure and manage future investment directly, develop more agile governance, and continue to deliver improved outcomes for residents across Kent and Medway. The decision also ensures that KCC’s current hosting arrangements are concluded in a planned, lawful and orderly manner.

 

 

Background

 

Active Kent and Medway is Sport England’s recognised Active Partnership for Kent and Medway and is part of the national network of organisations working to tackle inactivity and inequalities. In this role, AKM provides strategic leadership across Kent and Medway and works with partners to support Sport England’s wider aims.

 

Active Kent & Medway (AKM) is currently hosted by Kent County Council (KCC), which acts as the accountable body for the receipt and administration of Sport England funding. An existing Key Decision is in place to cover KCC hosting AKM until March 2027. This arrangement will cease at that point, with no successor hosting model currently in place.

 

The AKM Advisory Board has recommended that Active Kent and Medway transitions to an independent legal entity because this provides the strongest long-term platform for AKM to fulfil its role as the recognised Active Partnership for Kent and Medway. Independence will allow AKM to operate with clearer organisational identity and accountability, strengthen its ability to act as the accountable body for future Sport England investment, make decisions more quickly and flexibly, and develop the partnerships, funding opportunities and delivery models needed to increase physical activity and reduce inequalities across the area.

 

Local government reorganisation is also a relevant contextual consideration, but it is not the primary driver for independence. The central rationale is to establish a sustainable and resilient operating model for AKM which preserves the single, countywide Active Partnership mandate, maintains continuity for Sport England and local partners, and avoids the risk of future hosting arrangements becoming dependent on any one possible local government structure.

 

.

 

How the proposed decision supports Reforming Kent’s Future (2025-28)

 

 

The proposed transition supports Reforming Kent’s Future by enabling AKM to move into a more sustainable, agile and accountable operating model, while continuing to provide strategic leadership on physical activity, health improvement and reducing inequalities across Kent and Medway. As an independent legal entity, AKM will be better positioned to retain Sport England recognition and investment, strengthen partnership working with local authorities, health, education, voluntary sector and community partners, and maximise the impact of external funding for residents. The proposal also supports good governance by providing a clear route to conclude KCC’s hosting role while protecting continuity of delivery and avoiding reliance on any future local government structure as the basis for AKM’s operating model.

 

 

Proposed decision – That the Cabinet Member for Education and Skills, be asked to:

 

1) APPROVE an additional £400,000 from the Children’s, Young People and Education Modernisation Capital Programme to enable the replacement of mobile buildings at Dover Grammar School for Girls.

 

2) DELEGATE authority to the Director of Infrastructure in consultation with the Director of Education and SEND, Head of Law (or other officer with delegated authority) to enter into any negotiations, and contracts, contract variations or other legal agreements, as required, to implement the decision

 

3) DELEGATE authority to the Director of Infrastructure to be the nominated Authority Representative within the relevant contractual agreements and to enter into such variations as envisaged under any of these contracts.

 

Reason for the decision

 

Decision 26/00001 approved £1,400,000 to replace two mobiles at Dover Grammar School for Girls.  Since approval, project costs have increased, resulting in a funding shortfall. An additional £400,000 is now  required to enable delivery of the project.

 

Background

 

KCC has a mobile refurbishment/replacement programme as part of the modernisation programme. The condition of each mobile building on a maintained school site has been assessed. From the assessment, two mobile blocks at Dover Grammar School for Girls have been identified as needing replacement in the next 12 months.

 

Decision 26/00001 approved £1,400,000 to replace these mobiles.

 

Since the decision was made, planning permission has been secured and a contractor has been appointed to finalise the design. However, Kent Fire and Rescue Services (KFRS), who are a key consultee, have raised a concern about access for a fire tender to the location of the mobile replacement should there be a fire.

 

As a fire tender cannot get within 40 meters of the building, KFRS are expecting that a system is put in place to limit fire spread across the site. This decision is not driven solely by a life safety (“people first”) evacuation approach. This means that systems such as sprinklers are being required to protect the building as well as control fire propagation. KFRS are a consultee to the Building Control Officer, and Building Control approval cannot be granted unless these issue are resolved.

 

KFRS are a consultee for the appointed Building Control Inspector, their approval is a requirement to achieve final Building Control approval for the building. The additional £400,000 requested will be required to cover the costs of the sprinkler system, including the tank and will increase the contingency, should this be required.

 

Options (other options considered but discarded)

 

Refurbishing the mobile units has again been considered and rejected. The condition of the buildings is such that refurbishment works would not provide good value for money, even with the increased capital costs being requested.

 

At feasibility stage other locations for the new building were explored and rejected.  These have been reconsidered, but again rejected:

 

·           to replace the existing mobiles - replacing the Music Mobile would be cost prohibitive due to significant works required to a retaining wall. Additionally, the sprinkler system would still be required for the second mobile class block.

·           the boundary edge - although this would mitigate the requirement for the sprinkler system, it would require a two storey structure with a lift, additional access works and as a number of mature trees would need to be removed, significant bio net gain would have to be planned for. Additionally, a new planning application would be required. No savings would be made.

 

The option of doing nothing remains discarded. The current buildings are life-expired and the space they provide is required by the school.

 

How the proposed decision supports the Council’s Strategic Statement

 

The proposal supports the following:

 

Aim 2 objective 2 in that the rebuilding of the mobile classrooms with fit for purpose facility is a responsibility expected by, and is in the best interest of Kent residents.

 

Aim 2 objective 2 in that this proposal is part of a strictly managed capital programme.

 

 

Proposed Decision:

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

 

Reason for decision:

 

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

 

The current service has several service elements:

 

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

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

 

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

 

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

 

Background:

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

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

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

 

Options  

In any commissioning activity, the options considered include

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

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

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

 

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

 

Links to the Council’s Strategic Statement

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

 

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

 

Financial Implications:

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

 

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

 

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

 

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

 

Legal Implications:

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

 

 

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

 

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

 

Proposed decision –The Cabinet Member for Education and Skills:

 

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

 

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

 

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

 

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

 

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

 

Reason for the decision

 

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

 

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

 

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

 

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

 

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

 

Background – Provide brief additional context

 

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

 

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

 

Options (other options considered but discarded)

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

Financial Implications

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Legal Implications

 

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

 

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

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

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

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

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

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

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

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

 

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

 

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

 

Proposed decision –The Cabinet Member for Education and Skills:

 

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

 

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

 

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

 

Reason for the decision

 

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

 

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

 

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

 

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

 

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

 

Background – Provide brief additional context

 

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

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

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

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

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

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

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

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

Behaviours an Attitudes.

 

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

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

 

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

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

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

                       

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

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

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

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

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

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

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

 

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

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

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

 

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

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

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

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

basis.             

 

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

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

mainstream inclusion.

 

Options (other options considered but discarded)

 

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

        

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

Financial Implications

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Legal Implications

 

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

 

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

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

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

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

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

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

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

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

 

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

 

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

 

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