Proposed decision –

 

To approve and formally adopt the Kent County Council Commercial Strategy 2026 – 2028, establishing a clear strategic direction for procurement and contract management across the Council for the next three years. This decision will authorise the publication of the Strategy and initiate its implementation, including performance monitoring and stakeholder engagement.

 

Reason for the decision

 

To establish a Council-wide framework for delivering Best Value through procurement and contract management, aligned with the Council’s strategic priorities, financial plans, and the requirements of the Procurement Act 2023. The Strategy provides a structured, outcomes-focused approach to commercial activity that supports smarter decision-making, strengthens supplier relationships, and ensures public money is spent effectively and transparently.

 

By approving the Strategy, the decision will allow the Council to:

 

·         Embed commercial thinking as a core organisational discipline, positioning procurement as a strategic lever for achieving Best Value.

·         Enable delivery of the Medium-Term Financial Plan (MTFP) by improving cost control, identifying efficiencies, and supporting smart, data-led commercial decisions.

·         Strengthen supplier relationships and contract performance, through phased adoption of Supplier Relationship Management (SRM), targeted capability-building, and enhanced governance for high-value and high-risk contracts.

·         Increase support for Kent-based businesses, SMEs, and VCSEs, by simplifying procurement processes, removing barriers to entry, and embedding a consistent approach to Social Value to deliver tangible community benefits.

·         Ensure compliance with the Procurement Act 2023, aligning with new statutory requirements around transparency, innovation, and public value.

·         Build internal capability and accountability, through committing to commercial skills, clearer policies, and robust performance tracking.

·         Reinforce Kent’s leadership in public sector procurement, building on its CIPS Procurement Excellence Award and positioning the Council as a commercially confident, agile organisation equipped to meet future challenges.

 

Background – provide brief additional context

 

Kent County Council spends approximately £1.47 billion annually through third-party contracts, making procurement a key enabler of public service delivery, financial sustainability, and local economic growth. The Strategy has been developed following engagement with senior officers, Members, and consideration of feedback from suppliers and partners. It reflects national best practice, responds to legislative change, and aligns with local priorities including the Council’s Strategic Statement, Medium-Term Financial Plan, and Commissioning Framework.

 

The Strategy builds on Kent’s recognised strengths – including its achievement of the Chartered Institute for Procurement and Supply (CIPS) Procurement Excellence Award – and sets out a bold, transformational approach to commercial activity. It introduces a more structured, strategic model that moves beyond transactional procurement to embed commercial thinking across the organisation, ensuring procurement delivers maximum value for Kent’s residents and communities.

 

Options (other options considered but discarded)

 

A range of options were considered to determine the most effective way to improve commercial outcomes, deliver Best Value, and build organisational resilience. These included:

 

1. Do Nothing / Maintain Status Quo

 

This option would have involved continuing without a formally approved strategy and retaining existing priorities and practices. While low-risk in the short term, it was rejected due to:

 

·         Missed opportunities to embed commercial thinking more deeply across services.

·         Inability to address inefficiencies, inconsistent practices, and capability gaps.

 

2. Incremental Improvement

 

This approach proposed minor updates to the procurement strategy, with limited changes to governance, capability, or delivery models. It was considered more feasible in the short term but ultimately discounted because:

 

·         The previous strategy lacked formal approval, limiting its influence, enforceability, and stakeholder buy-in.

·         It would not sufficiently align with new legislative requirements, particularly the Procurement Act 2023.

·         It would not deliver the step-change needed to meet financial pressures or support Medium-Term Financial Plan (MTFP) savings targets.

·         It lacked ambition in addressing systemic issues such as fragmented supplier engagement, supporting local and small organisations inconsistent commercial practices, and limited focus on Social Value.

 

3. New Strategy (Proposed Option)

This proposal sets out a new and formally approved strategy that redefines the Council’s commercial ambition. It strengthens procurement governance, builds organisational capability, and aligns commercial activity with strategic priorities.

 

Key features include:

 

·         A clear vision and strategic priorities focused on efficiency, supplier engagement, support for Kent-based SMEs and VCSEs, Social Value, and compliance.

·         A formal commitment to professional best practices and continuous improvement.

·         Structured performance monitoring through measurable KPIs and actions.

 

This proposal was selected as it offers the greatest potential to:

 

·         Drive long-term financial sustainability and support budget recovery.

·         Position KCC as a commercially confident, agile organisation.

·         Secure Best Value for Kent residents and communities.

·         Unite stakeholders around a shared framework for delivery, accountability, and improvement.

 

How the proposed decision supports the Council’s Strategic priorities

 

The Strategy directly supports the Council’s strategic priorities by embedding commercial thinking across services, improving efficiency, and strengthening supplier relationships. It reinforces commitments to financial sustainability, responsible governance, and community outcomes by ensuring procurement delivers maximum value and supports Kent’s long-term success. The Strategy also aligns with ambitions to support the local economy and deliver better public services through smarter, more strategic commercial activity.

 

The Strategy is a key enabler of budget recovery and long-term resilience. By improving cost control, reducing waste, and enabling smarter commercial decisions, it supports the delivery of the Medium-Term Financial Plan and helps unlock efficiencies across the Council. It complements wider financial recovery efforts and ensures procurement contributes positively to the Council’s strategic priorities.

 

 

 

 

Proposed decision:

To procure and delegate authority to the Corporate Director for Growth, Environment and Transport to award and enter into appropriate contractual arrangements for the provision of Emergency Tree Works including any potential extension periods, and to take any further decisions or actions necessary to deliver the contract

 

Reason for the decision

The Council has a legal duty to keep roads and pavements clear of vegetation for safe passage of highway users. The main service areas within this contract comprise of clearing felled trees, most notably in adverse weather conditions.

 

The existing contract (SC21010) is currently operating under an 18-month extension period, which commenced in November 2024 and will conclude on the 31st March 2026.

 

The services will need to be commissioned externally to ensure the Council meets its statutory obligations.

 

Background

The proposed Highway Emergency Tree Works Contract enables the procurement and delivery of emergency response specialist tree surgery teams to attend at short notice on a 24/7 basis. Emergency type response times will include 2 hour and 24-hour requirement. Suppliers will be required to provide suitably qualified staff and have access to the necessary specialised equipment to be able to remove fallen trees and branches from causing an obstruction to the highway.

 

There is no programmed works included, and work volumes are dictated by the weather and where emergency situations occur. This varies from year to year and is largely dependent on the prevailing weather and storm events.

 

Lotting

To enable delivery across the County the following lots are being sought:

 

-      Lot 1 (West) - Dartford, Gravesham, Maidstone, Sevenoaks, Tonbridge & Malling and Tunbridge Wells  

-      Lot 2 (East) - Ashford, Canterbury, Dover, Folkestone & Hythe, Swale and Thanet

-      There will be provision in the Contract to allow Medway to be added subject to future Local Government Reorganisation (LGR).

 

 

How the proposed decision supports the KCC Strategic Statement

This proposal is aligned with the council’s strategic statement and direction of the emerging 'Reforming Kent' agenda

 

-      This contract will focus on collecting data through a Tree Failure Database which will allow measures to be taken to reduce costs through recharging private owners and informing tree owners of their responsibilities to regularly inspect trees. This will reduce the occurrence of tree failures and limit the Councils liabilities.

 

Financial Implications

 

Contracts have been linked to the GM87 indices over the course of the contract, so prices have been maintained in line with the prevailing inflation rate. A competitive procurement process will appoint the best value contractor from the tenders submitted.

The overall spend for this contract is gradually rising as a result of an increase in severe weather events and diseases such as Ash Die back becoming more prevalent but also because of inflation. These factors have contributed to the average spend on the Contract going from £338k/pa in 2021 to £544k/pa in 2024.This is currently funded through the highway’s emergency budget with major named storm events being funded through one off corporate reserves.

There are no programmed works included, and work volumes are dictated by the weather and where emergency situations occur. This varies from year to year and is largely dependent on the prevailing weather and major storm events.

 

Due to the unknown nature of the service the published value of works will be set to £1.5m per year to provide contractual headroom. This will allow for inflation, unpredictable major weather events and the contracts use by other Council teams.

 

Proposed decision

(a)  APPROVE the procurement and contract award of a wood waste processing contract for an initial 5 years (plus an extension of up to 2 years);

 

(b)  DELEGATE authority to the Director of Environment and Circular Economy to take relevant actions to facilitate the required procurement activity;

 

(c)  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

 

(d)  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 14th November 2026, and therefore is seeking new contractual arrangements from 15^th November 2026, for the processing of wood waste currently collected at the Household Waste Recycling Centres (HWRCs) and by the Waste Collection Authorities across Kent.

 

Background

-      As the Waste Disposal Authority, KCC has a statutory responsibility for the disposal of controlled waste from deposits by residents at HWRCs across the County and collected by Borough and District Councils (known as the Waste Collection Authorities).

-      An existing wood processing contract is due to expire on 14th November 2026, and this procurement seeks to establish new countywide contractual arrangements from 15^th November 2026. A lead-in time is necessary to allow for the development of a detailed and fit-for-purpose service specification, negotiations and mobilisation, as well as to ensure all internal governance and approval processes are completed ahead of issuing the full tender.

 

-      The commission will be offered as a single County-wide contract and procured via a competitive procurement process under the Procurement Act 2023 and will include the provision for managing circa 25,000 tonnes per annum.

-      The contract will be for an initial period of 5 years, with an option to extend up to a further 2 years (and incorporates a break clause in 2028). This timeframe and approach is intended to ensure a reliable and consistent statutory service during the Local Government Reorganisation transition period.

-      The extension will be considered based on performance and value for money and will be assessed through a benchmarking exercise conducted 18 months before the extension clause is activated.

-      The contract will ensure that providers adhere to environmental legislation, 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 manage controlled waste 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 - This is not a viable option. KCC has a legal obligation to manage waste in accordance with the waste hierarchy, which prioritises recycling over disposal. Sending wood to landfill would not only undermine the Council’s recycling and landfill diversion targets but would also result in a significant financial burden.

 

-      Option 3 - Extend for a further period - This is not legally possible, as the wood contract has been extended within the parameters of the existing contracts. 

 

-      Option 4 – The Recommended Option: Commence a full procurement exercise. This is the preferred option and provides sufficient time to undertake a full commissioning exercise before 15^th November 2026, and to secure a provider who can treat and utilise the waste material meeting the circular economy desired outcomes.

 

How the proposed decision supports the KCC Strategic Statement

 

·   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

-      This is a revenue-based contract.

-      The budget for 2025/26 is £907,100 based on budgeted tonnes of 22,335.

-      The proposed budget for 2026/27 is £940,600 based on budgeted tonnes of 22,727

-      Actual tonnes processed in 2024/25 were 24,896.43, therefore the estimated value of this contract is based on receiving 25,000 tonnes per annum.

-      Tonnage has been consistent over the last 3 years of the contract and therefore, 25,000 tonnes is a realistic annual estimation.

-      Annual costs of the contract are calculated on 25,000 tonnes multiplied by an average gate fee (uplifted by indexation in November 2025) = £1.035m

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

-      Haulage costs are accounted for within the HWRC and Transfer Station contracts.

-      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 an in-year financial pressure.

 

Legal Implications  

 

-      A competitive procurement process will be carried out under the Procurement Act 2023, which meets the obligations on transparency, fair treatment and best value.

-      The Waste Framework Directive (2008/98/EC) sets the basic concepts and definitions related to waste management, including the principles of the waste hierarchy. It requires Councils to take measures to encourage the separation and recycling of waste.

-      The Circular Economy Package includes several directives aimed at promoting recycling and reducing landfill usage (Note: KCC currently at less than 1%). It sets targets for recycling rates and requires Councils to implement measures to achieve these targets.

-      Due to the forthcoming Local Government Reorganisation, it is anticipated that the contract will be novated to the successor authority or authorities, depending on how the new governance structures are established.

-      Schedule 1 of The Controlled Waste Regulations 2012 classifies waste arising from construction or demolition, including preparatory work as Household Waste (as defined under the Environmental Protection Act 1990). This classification includes wood waste. KCC has an obligation to recycle or recover this under the legal requirements of the Waste Hierarchy which is set out in the Waste (England and Wales) Regulations 2011.

 

Proposed decision

 

Adopt the Energy Efficiency Plan for KCC’s estate and operations to support our environmental goals (and replace the existing Net Zero 2030 Plan).

 

Reason for the decision

 

-      KCC’s Net Zero 2030 target is unattainable and is not deemed to represent best value for money for Kent residents.

 

Background – Provide brief additional context

 

-      Efforts to reduce KCC’s emissions have afforded the Council numerous financial benefits over the last five years, including:

o    Generated close to £9million in savings from fuel and utility bills.

o    Attracted more than £24million of external funding to improve the efficiency of our estate.

o    Generated more than £2million revenue from our two solar farms.

-      Projects are becoming incrementally more challenging to deliver, especially in the context of reductions in government funding support.

-      Subsequently, KCC’s Net Zero 2030 Plan and target is unattainable and presents the Council with financial and operational risks.

-      A new plan and approach are required that enables a flexible, pragmatic and value for money approach to be taken to energy efficiency measures across the estate and operations.

 

Options Considered

 

Option 1 - Retain KCC’s Existing Net Zero 2030 Plan and target. The 2030 target for KCC’s estate and operations is unattainable and presents the Council with financial and operational risk. Meeting the 2030 target would require considerable investment over the next five years that is not fully supported by return on investment or best value for money requirements and additionally would commit the Council to paying for ‘carbon offsetting’ on an indefinite basis. 

 

Option 2 - Rescind KCC’s 2030 Net Zero Plan and target. Rescinding the organisational Net Zero Plan would mean forfeiting a wide range of financial, health, and environmental benefits for both the Council and the people of Kent. It also introduces risk by limiting opportunities to explore efficiencies, reduce costs, apply for funding, and improve resilience across KCC’s estate and operations.

 

Option 3 - proposal - Replace KCC’s Net Zero 2030 Plan and targets by adopting the proposed Energy Efficiency Plan. In addition to the above (Option 2), the proposed energy efficiency plan offers a balanced approach allowing KCC to continue to modernise assets, explore financial opportunities and efficiencies alongside reducing its emissions and providing additional health and environmental benefits to the people of Kent.

 

How the proposed decision supports the KCC Strategic Statement

This proposal is aligned with the direction of the emerging 'Reforming Kent' agenda

-      to develop an energy efficiency plan which focuses on financial returns and investigates opportunities to create additional revenue streams alongside supporting wider environmental benefits.

-      Creating meaningful value for the Council and Kent residents by using time, money and resources wisely

-      Delivering savings through ‘Best Value’ opportunities

 

Financial Implications

 

Any requests for funding to deliver actions in the energy efficiency plan will be considered alongside robust business cases.

 

The proposed approach organises projects into different phases to enable ‘project by project’ development and decision. This approach will allow more accurate ‘project by project’ costs to be developed and deployed at the right time and provide flexibility in delivery.

 

Calculating overall cost at the outset is complicated due to changes in market conditions, what new technology may be needed and its availability and affordability and whether projects can be part funded through government grants.

 

Currently there are no financial penalties or levies for non-compliance with Net Zero 2030 and 2050 targets but that could change in the future.

 

Individual decisions arising from the plan will be subject to their own governance processes and future Key Decisions

 

Proposed decision –

 

That the Cabinet Member for Integrated Children’s Services:

 

(a)  APPROVE the updating and expanding of the Inhouse Provision programme scope to make best use of the additional match funding secured, in accordance with the associated grant conditions and the strategic objectives confirmed in Key Decision 24/00105.

 

(b)  APPROVE the increase in total capital budget to £6,050,000, incorporating the additional £2.7m DfE funding.

 

(c)  DELEGATE authority to the Corporate Director of CYPE in consultation with the Cabinet Member for Integrated Children’s Services and the S151 Officer for Finance to accept and deploy any further grants and other external uplift funding to support the delivery of the in-house provision model, providing funding is given on similar terms or matches the approved strategic policy objectives of the in-house programme

 

(d)  DELEGATE authority to the Corporate Director of CYPE to take other necessary 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.

 

(e)  DELEGATE authority to the Director of Infrastructure to progress relevant property management and development activity as required to implement this decision.

 

Reason for the decision

 

The background overarching policy objectives for this programme are set out in Key Decision 24/00105, which approved the progression of establishing an Inhouse Provision model, with associated capital investment in relevant properties.

 

This proposed decision seeks to confirm the updated arrangements and scope of the project, including an increased total spend, so as to align with the new position following the securing of £2.7m in additional funding from the DfE. The reasons for progression at a strategic level remain the same as per Key Decision 24/00105.

 

Earlier this year the DfE advertised grant funding for local authorities to match any capital funding (put forward by the local authority) to create additional children’s homes for children with complex needs and challenging behaviour. KCC was notified this summer of their successful bid and that match funding totalling up to £2,765,719 would be awarded subject to the terms and conditions of the grant.

 

The proposed decision will allow for the deployment of the additional funding secured from DfE to support the already in development Inhouse Service model being worked on under Key Decision 24/00105 and increase its scope.

 

Background – Provide brief additional context

 

The increasing costs of children placements was identified as a critical area within the council’s strategic statement. In 2024, the Placement Sustainability programme was developed to progress the key activities that are needed to strengthen financial sustainability over the MTFP period, which included exploring in-house provision.

 

The match funding opportunity was advertised to local authorities earlier this year with successful candidates notified in summer 2025. The grant aims to support this project by matched capital funding between April 2025 and March 2029 to create additional provision in children’s homes for children with complex needs and challenging behaviour, recognised to be a response to complex and ongoing trauma.

 

The grant aligns and supports the strategic aims of the in-house provision project to develop and offer its own Ofsted registered children’s residential homes to address high-cost placements. An application was submitted with adherence to the organisational governance process for grant approvals.

 

This capital investment is designed to provide funding for LAs to develop provision for children with multiple, complex needs, recognised to be a response to complex and ongoing trauma.

 

This funding will be available to local authorities to help create accommodation which will:

 

• ensure that there is sufficient provision in the right places for children with complex needs;
• ensure local health and social care teams work together to provide care which meets all of a child’s needs; and
• reduce the number of children and young people with complex needs and behaviours being accommodated in unregistered provision.

 

Options (other options considered but discarded)

 

The project team considered two options with this appraised and informed by key stakeholders and subject matter experts.

 

This included consideration of best value, the opportunities (e.g. potential benefits and ability to deliver critical success factors) and risks, impacts and potential challenges for each option. The two options reviewed was 1) do nothing and continue to progress the in-house provision project without DfE grant funding monies or 2) accept grant funding monies to support the aims and objectives of the in-house provision project.

 

The proposed recommended option is an update to the Inhouse Provision programme to make best use of the additional funding from DfE.

 

How the proposed decision supports the council’s strategic statement

 

In-house provision in Kent could support the Kent economy to be resilient with market changes as part of a long-term strategy with providers, whilst using preventative approaches to improve outcomes for children and young people in Kent.

 

It could also support some of the most complex and vulnerable children and young people within Kent whilst enhancing commissioning practice, using innovative and alternative methods to deliver care and building on partnerships to deliver best outcomes.

 

The proposal sets out a strong case for investment to create in-house provision as part of a longer-term financial sustainability strategy of mixed provision that will support the council in achieving its strategic objectives. ?

 

Achieving best value from in-house provision is not just about financial viability and cost-effectiveness but is also about considering whether sustainable outcomes for children are likely to be enhanced and to increase quality of life and everyday independence skills, choice, control and personal agency.

 

Financial Implications

 

KCC was notified this summer of their successful bid and that match funding up to £2,765,719 would be awarded.

 

The total cost of project submitted for the DfE bid (at least £5.5m), was higher than the original estimate of £3.8m agreed by Key Decision 24/00105.  This reflects an enhanced specification required to each property to comply with the DfE output specification and increased requirement of c200m2 properties from an original 120m2.

 

Utilising the grant funding will require KCC to meet the specifications set out in the bid. This is outlined within the legal implications section.  Complying to the DfE's output specification will look to further reduce the lifecycle costs incurred by KCC as premises may have new Mechanical, Electrical and Plumbing services (MEP) delivered which will in turn bring a lower lifecycle cost to KCCs operational and maintenance costs, reducing KCC's overall lifecycle costs to maintain the provisions.

 

The grant conditions require the provision to remain operational for at least 5 years, the previous key decision on the implementation  of the in-house provision (key Decision 24/00105) outlined the intention to invest in residential care provision on a long-term basis. Therefore, whilst the previous decision considered the associated risks of investing in in-house provision, this new requirement means KCC will have to continue to operate children’s homes, even if it becomes inefficient to do so, during the first 5 years of operation. The home will only become inefficient if there is insufficient number of occupants or difficulties in recruitment. The former is unlikely, and the service are putting in safeguards to prevent the latter. 

 

Whilst the risks of this option were robustly considered, the benefits for adding grant funding to the existing in-house provision project outweigh the negatives.

 

Legal Implications  

 

The children’s homes capital funding can only be used for the project for which it was awarded. Any changes to a project’s scope must be agreed in advance by the Department for Education (DfE) and the project may be liable to cancellation and/or clawback of funding if a change of scope is not agreed and/or subsequently taken forward by the LA.

 

Funding will be provided via a grant issued under Section 14 of the Education Act 2002, which means funding will be paid in arrears upon satisfactory evidence of work completed. It is the expectation grant funding will be awarded in Spring 2025, with work starting on the projects as soon as possible after the award has been given, and in line with committed milestones, project plans and required KPIs that will be included in all grant offer letters.

 

The project team must ensure monthly reporting is submitted and compliancy with the terms and conditions of the grant is met.

 

Equalities implications

 

An Equality Impact Assessment was completed as part of the project and found low level negative impacts on the protected characteristics at this stage of the proposal. Positive impacts were identified for the protected characteristics of age, disability and sex. This will be reviewed and updated as the proposal progresses however, the supplementary decision doesn't change any equality implications.

 

Data Protection implications

 

A Data Protection Impact Assessment screening was undertaken and found to have low level negative impacts to data protection with a full DPIA not required at this time. The DPIA will be maintained and updated as a live document throughout the duration of the proposal.  This will be reviewed and updated as the proposal progresses however, the supplementary decision doesn't change any data implications.

 

Proposed decision – Cabinet to approve KCC’s Strategic Business Case for Local Government Reorganisation in Kent and Medway for submission to Government.

 

Reason for the decision

 

Kent County Council (KCC) is required to submit a Strategic Business Case setting out its preferred option for Local Government Reorganisation in Kent and Medway following a statutory invite from Government on 5 February 2025.

 

Background

 

Councils in Kent and Medway received a statutory invitation to submit proposals for Local Government Reorganisation (LGR) in a letter from the Minister of State on 5 February 2025. A schedule attached to the letter set out criteria against which Government will judge proposals and some requirements for the process. The LGR process and timeline is set by the Ministry of Housing, Communities and Local Government (MHCLG) and is not subject to change by councils. Each council can submit one business case setting out their preferred option for LGR for the Kent and Medway area by the deadline of 28 November. Following the submission of business cases and a statutory consultation process which will be led by MHCLG, Ministers will decide, subject to Parliamentary approval, which, if any, proposal is to be implemented, with or without modification.

 

KCC has been undertaking preparation work since the February invitation, both through a joint options appraisal (completed by KMPG on behalf of Kent Council Leaders) and through an internal options appraisal conducted by KCC. Having considered the findings of both the internal and joint options appraisals, it is KCC’s position that it will submit an independent Strategic Business Case to Government for the single-unitary option covering Kent and Medway, supported by three Area Assemblies.

 

One of the primary reasons KCC is proposing to support a single unitary for Kent and Medway is because it is considered to be the most financially viable option, in both the short and the long term. Modelling predicts that financial benefits will be delivered in less than a year which will continue to accrue, providing scope for reinvestment into services for residents. Given the significant and unique challenges that Kent faces due to the county’s disparities and its nationally important position as the gateway to Europe, it has also been determined that a single unitary is the only viable option for LGR in Kent and Medway as it maintains countywide scale and avoids the service delivery risks that could come with the disaggregation of key services. The model aligns well with Government’s criteria for LGR and will allow the benefits of developing a single tier of local government in Kent and Medway to be realised.

 

As part of KCC’s proposed model, three Area Assemblies in the North, East and West of Kent would sit underneath the single unitary, providing responsiveness to local needs on some place-based services. The Area Assemblies have been purposefully configured so that they bring together districts in geographic groupings which reflect local identity and residents’ travel to live patterns (i.e. they mirror travel to work, education and healthcare flows). The geographic boundaries of the Area Assemblies also mirror existing service delivery footprints, with most local authority services (as well as services delivered by key partners such as the NHS and the Police) currently delivered across East, North and West Kent, allowing Area Assemblies to work with partners to design and deliver local transformation projects alongside wider public service reform.

 

Options (other options considered but discarded)

 

An internal options appraisal was conducted earlier this year to assess the relative opportunities and challenges of each option against the Government’s criteria, helping Members to make an informed decision on Local Government Reorganisation in Kent and Medway. The findings of the options appraisal were presented to the Cabinet Committee for Devolution and Local Government Reorganisation on 28 July 2025 and can be accessed here.

 

Having considered the findings of the initial options appraisal and taken part in discussions about all of the options identified by Kent Council Leaders, it is KCC’s position that it will submit a Strategic Business Case to government for a single Kent unitary council covering the Kent and Medway area, with three Area Assemblies for North, East and West Kent. The administration considers that the financial dis-benefits of the other options presented do not represent good value for money for Kent’s taxpayers.

 

How the proposed decision supports KCC’s Strategic Statement:

 

KCC is proposing to support a single unitary model for Kent and Medway as it is the only viable financial and strategic option in the circumstances Kent and Medway is facing. A large unitary authority of this size and scale would have the necessary financial capacity to deliver key statutory services, including sustainable adult and children’s social care. Having just a single tier of local government across Kent and Medway would also provide opportunities to generate efficiencies, ensuring value for money is secured in all spending decisions. The proposed decision to support a single unitary model is therefore consistent with the objectives set out in the Strategic Statement and the Council’s Best Value obligations.

 

Financial Implications

 

Each proposed option includes one-off implementation/transition costs, as well as ongoing costs and ongoing net benefits/dis-benefits. These high-level costs were set out in the financial assessment section of the options appraisal paperwork that was presented to the Devolution and Local Government Reorganisation Cabinet Committee in July. Please note that these figures are indicative and will be updated as the Strategic Business Case is developed, with a standard methodology used across all Kent and Medway councils to ensure consistency and accuracy. Updated financial information will be provided accordingly as part of the Key Decision paperwork.

 

It is important to note that the approval of this Strategic Business Case does not require KCC to commit any financial resource. The decision is only asking for Cabinet to approve the Strategic Business Case ahead of submission to Government; no financial commitments are attached. Government will then decide which business case will be progressed for implementation following a statutory consultation. Further key decisions will then be taken as necessary during the implementation phase for any specific policy proposals and service restructures, as well as for any significant savings or expenditure programmes.

 

Legal Implications

 

Kent County Council, together with Medway Council and the 12 District and Borough Councils, were invited by the Minister of State in February to submit a request for local government reorganisation by November 28, 2025. The legislative basis for this was set out by the Government in this invitation, which can be accessed here: Letter from MHCLG.

 

It is important to note that Local Government Reorganisation is a government-led process initiated by the Secretary of State. Councils are therefore unable to stop or delay LGR. The Secretary of State can decide to take forward proposals that are submitted by areas with or without modificationand will ultimately make the final decision on which business case is implemented following the statutory consultation. KCC is therefore not the decision-maker.

 

Equalities implications

 

A draft Equality Impact Assessment (EqIA) has been undertaken on the proposed decision to submit a Strategic Business Case to government to establish a single unitary authority for Kent and Medway. The EqIA identifies potential impacts for a number of protected characteristics under the Equality Act 2010. Key issues include potential risks to service continuity, communication challenges, and visibility of local needs within a larger strategic framework. The assessment also acknowledges potential workforce impacts.

 

The draft EqIA will be updated as necessary following public engagement to reflect the feedback received. The final EqIA will then be published as part of the Key Decision paperwork and will be included as a separate appendix within the Strategic Business Case.

 

Further EqIAs will be undertaken as necessary for specific policy proposals, service restructures, or operational changes that emerge from the reorganisation process, ensuring that equality considerations are embedded at every stage of implementation.

 

Data Protection implications

 

Internal advice has been sought from the Council’s Data Protection team, who have confirmed that a Data Protection Impact Assessment does not need to be conducted at this stage as no personal data has been processed as part of developing the Strategic Business Case. Data Protection Impact Assessments will however be undertaken as necessary during the next stages of the LGR process. This will be particularly important during the transition phase, where it is highly likely that large volumes of client data will need to be migrated from KCC to the new successor authority/authorities.

 

Proposed decision –

To agree the Commissioning Plan for Education Provision in Kent 2026-30 and agree to note the annual review of the SEND Sufficiency Plan.

 

Reason for Decision and Background

 

Kent County Council (KCC), as the Local Authority (LA), has a statutory duty to ensure sufficient school places are available. The County Council’s Commissioning Plan for Education Provision in Kent 2026-30 (KCP) is a five-year rolling plan which is updated annually. It sets out our future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent.

 

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

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

 

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

 

Options

 

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

 

The KCP provides an overarching framework for determining when and where education may be needed in the future.  It sets out the forecast number of children and young people in Kent and breaks this down to smaller geographical areas (districts and planning groups) to show where there may be a need for more or fewer places.  It sets out the principles which will be used to consider and evaluate individual proposals which might come forward (be commissioned) to address any identified shortage or surplus of places in a locality. 

 

Each individual scheme that is brought forward will have a rigorous feasibility stage that is completed prior to the scheme formally being commissioned, through the appropriate democratic pathway.  An integral part of this process is to identify the most suitable option to provide the additional places.  Consideration is given to:

·             where the additional places would be best located from an education point of view

·             the physical capacity of the existing school sites and the practically of delivery (including geographical and Highways constraints).

·             providing the best value for money for the proposed scheme. 

 

The options considered will then be detailed  in the Options section of the individual committee papers associated with each decision.

 

Local authorities in England are not legally required to publish a strategic school place planning document as a standalone statutory obligation. However, they do have a statutory duty under Section 14 of the Education Act 1996 to ensure that there are sufficient school places available for children of compulsory school age in their area.

 

While publication is not mandated by law, the Department for Education (DfE) strongly encourages local authorities to produce and share strategic school place planning documents. These are expected to include medium-term forecasts, rationale for expansions or contractions, and underpinning data. This is part of a broader framework for collaborative and transparent planning with academy trusts, dioceses, and the DfE’s Regions Group; the Kent Commissioning Plan achieves these aims and the option of not producing a strategic plan would not, it has therefore been rejected.

 

How the proposed decision supports the Council’s strategic statement

 

The KCP supports improved efficiency and timeliness in SEND services with plans to expand Specialist Resource Provisions (SRPs) and increase mainstream inclusion capacity.

 

Section 7 of the KCP: Commissioning Statutory School Provision by Districts, details district-level responses to housing growth and demographic pressures, seeking to ensure housing growth is sustainable.

 

The KCP supports value for money through Section 5: Capital Funding, which outlines the use of developer contributions, Basic Need funding, and cautious capital investment strategies. The plan also promotes in-house provision where financially viable and reducing reliance on independent placements.

 

 

Legal Implications

 

Each project identified in the KCP will be subject to a separate consultation and decision-making process.  The legal implications of each proposal will be identified at that time. The general and relevant legal obligations includes ensuring there are “sufficient” school places (Education Act 1996), as far as possible, complying with the preferences expressed by parents (School Standards and Framework Act 1998), increasing opportunities for parental choice (Education and Inspections Act 2006, provide fair access to educational opportunity) (Education and Inspections Act 2006, keep its SEND provision under review and consider if it is sufficient to meet the needs of children and young people in its area (Children and Families Act 2014).

 

Pursuant to the Equality Act 2010, the Council must, in the exercise of its functions have due regard to the need to: ‘eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act; advance equality of opportunity between people who share a protected characteristic and those who do not; foster good relations between people who share a protected characteristic and those who do not”. 

 

Proposed decision: 

 

To approve additional funding of £16m to enable the extension of the SEND External Tuition Modified Dynamic Purchasing System contract to 31 August 2028.

 

Reason for the decision

 

The SEND External Tuition - Modified Dynamic Purchasing System (MDPS), jointly commissioned with Medway Council, was established on 1 September 2023 to secure Tuition for children and young people unable to attend school, including those with Education, Health and Care Plans (EHCPs). The contract was awarded for three years, with two optional one-year extensions to 31 August 2028.

 

The contract has performed well; however, due to significant increases in both demand and cost, expenditure is now forecast to reach its authorised projected spend of £15m by the end of the initial term in August 2026, rather than August 2028 as originally anticipated. Extending the MDPS will ensure continuity of provision, avoid unnecessary procurement costs, and allow a new commissioning approach to be aligned with Local Government Reorganisation (LGR). This approach will also enable the SEND  Service to take full effect by embedding Tuition commissioning within the Quality Assurance teams, providing greater oversight, consistency, and safeguarding standards. In addition, a thematic review of children and young people not in school will help identify pathways for reintegration into education and preparation for adulthood. To support these service improvements, a realignment of Tuition oversight has been proposed within the Quality Assurance teams, which will facilitate more consistent quality assurance and governance across all Tuition arrangements. As the extension relates to a contract of significant value and strategic importance, a Key Decision is required.

 

It is recommended that the contract be extended for its full term to August 2028, and that a new procurement is undertaken.

 

Background

 

The MDPS provides a compliant and flexible mechanism for commissioning and purchasing Tuition provision for eligible children. It does not guarantee any work or spend to providers and has multiple providers for the Council to source services from, which allows KCC to secure provision in line with its statutory duties.

 

The original Key Decision, taken in October 2022, assumed spend to remain constant and authorisation was granted at £9m for the initial contract term and £15m  across the full five-year period. Spend has reached £8m in the first two years and is forecast to reach the full £15m by August 2026. Annual spend during the contract term reflects increase in demand and provider costs.

 

The Children, Young People and Education Directorate Management Team reviewed the proposal on 30 July 2025 and recommended enacting the full extensions, recognising strong performance, effective contract management, and positive outcomes for children.

 

Options (other options considered but discarded)

 

Option 2 – Re-procure immediately

Re-procurement would test the market, however as there have been no significant new entrants to the market since 2023, and providers are able to join the framework at regular intervals, the benefits would be limited. A new procurement would require considerable resource, duplicate costs, and risk disruption to provision. Any new contract would have to be revisited following LGR, creating instability. This was discounted as the work required to understand the changes in demand of Tuition services needs a stable provider market to fully ascertain patterns and trends.

 

With the emerging Strategic Statement, Reforming Kent 2025 to 2028, this meets draft Aim 3: Supporting Residents that need help, Point 6:

 

Improve processes and outcomes for our SEND services while tackling the unsustainable growth in demand: We will continue to improve our SEND service, ensuring that those families and young people who are eligible for SEND support receive it in a timely, efficient, and professional manner. At the same time we must also reduce the demands placed on the SEND budget given the existential pressure it places on the wider KCC budget, including increasingly the adult social care budget, as children with SEND need transition to adulthood. This demand is driven by a national crisis in SEND demand, which must be urgently addressed by the government, given the systemic challenges it is placing not just on children's services budgets, but on those of the NHS, schools and home to school transport as well.

 

Financial Implications

 

•           Original Projected contracted spend: £15m across five years (initial term plus extensions).

•           Spend to date: £8m  in two years, with full utilisation of £15m forecast by August  2026. Annual spend reflects the increase in demand and costs.

•           Spend for extension period September 2026 to August 2028, estimated £16m  based on current spend with no mitigating action or further rises in demand.

•           Funding source: External Tuition is funded from the High Needs Block of the Dedicated Schools Grant(DSG), a ring-fenced grant provided by Department of Education. Whilst this is not a direct cost to the General Fund. The Council is currently overspending on its High Needs Block by approximately £55m-£60m per year. The Council is part of Safety Valve Programme, a DfE initiative to support Local Authorities with the highest deficits, of which the council has agreed to contribute a total of £82m between 2022-23 and 2027-28 to help reduce the accumulated deficit, alongside an extra £140m from the DfE. The DfE funding is contingent on the development of a plan to achieve value for money with the existing SEN regulatory framework and to aim to reach an in-year breakeven position. Where the continued use of external tuition is required, it is imperative his is commissioned on a cost effective basis. The use of the MDPS is expected to support this aim.

•           Risks: Continued growth in demand could place pressure on the High Needs Block and the DSG recovery plan. Spot-purchasing outside of the MDPS would increase costs and reduce oversight.

•           The extension falls within the procurement regulations, as the option was clearly advertised at the outset.

 

Legal Implications  

 

Kent County Council has statutory duties under:

 

•           Education Act 1996 (Section 19)  – to provide suitable education for children unable to attend school.

 

•           Children and Families Act 2014 (Sections 42 and 61)  – to secure the provision in EHCPs up to age 25 and to arrange provision outside school where attendance is inappropriate.

 

•           SEND Regulations 2014 – specifically The Special Educational Needs and Disability Regulations 2014 (Regulation 51) .

 

•           SEND Code of Practice (2015)  – statutory guidance under Section 77

 

•           Equality Act 2010 (Section 20)  – to make reasonable adjustments for disabled pupils.

 

The MDPS provides a lawful route to meet these duties. As the extensions were included in the original procurement, they are compliant with procurement law and KCC’s Spending the Council’s Money rules.

Proposed decision –

 

Cabinet is asked to:

 

a)    NOTE the revenue and capital forecast outturn position for 2025-26 detailed in the report, and accompanying appendices

b)    AGREE the capital budget adjustments which will be detailed in the report

 

Reason for the decision

 

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

 

Adjustments to capital budgets require approval from Cabinet.

 

Background – Provide brief additional context

 

The report on the Council’s latest financial position in 2025-26 will be reported to Cabinet on 19 November 2025.  The report provides detail of our revenue and capital forecast outturn positions.

 

Options (other options considered but discarded)

 

-      N/A

 

How the proposed decision supports the Council’s strategic statement

 

The Council’s strategic statement 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. APPROVE the commissioning arrangements and continued contracting with primary care via a procurement compliant process for the delivery of Long-Acting Reversible Contraception, from 1 December 2026 up to no later than 31 March 2033.

 

2. DELEGATE authority to the Director of Public Health to undertake all necessary actions to implement the decision, including, but not limited to, awarding new contracts, finalising terms, entering into contracts, initiating extensions, formalising variation and establishing any required legal agreements.

 

Reason for the decision

 

Kent County Council (KCC) has a statutory duty to provide reasonable access to a broad range of contraceptive substances and appliances as per Section 6 of The Local Authorities (Public Health Functions and Entry to Premises by Local Health Watch Representatives) Regulations 2013.

 

Unplanned pregnancies are significant contributors to poor health outcomes, and provision of the LARC service plays an important role in reducing the negative consequences and costs of it. Continuing to commission LARC through primary care offers advantages in terms of accessibility, convenience, patient choice, comprehensive care, and cost-effectiveness.

 

The current Long-Acting Reversible Contraception (LARC) Service in Primary Care contract is due to end on 30 November 2026. To ensure continuity of service, new contracts are required for the delivery within primary care.

 

 

Background

 

Long-Acting Reversible Contraception (LARC) is a clinically effective and cost-efficient contraception method, currently delivered via integrated sexual health services and primary care providers. All practitioners providing the commissioned service have achieved a relevant Letter of Competence issued by College of Sexual and Reproductive Health (CoSRH).

 

The service provides LARC fitting and removal procedures to women who opt to use these methods to prevent pregnancy. Approximately 11,000 LARC procedures are performed annually in primary care settings (currently 102 practices) across Kent.

 

Options (other options considered but discarded)

 

1.   Cease commissioning through primary care - discarded due to reduced accessibility and increased pressure on integrated specialist services.

 

2.   Commission via a single provider model - discarded due to lack of flexibility and geographic coverage.

 

3.   Continue commissioning directly from multiple primary care providers via a Direct Award B (as per Procurement Act 2023) - preferred for accessibility and continuity.

 

The proposal is to continue commissioning LARC directly from multiple primary care providers via a Direct Award B (as per Procurement Act 2023) process. The recommendation is to maintain and strengthen these services, ensuring the council meets its statutory obligation.

 

 Benefits of this approach include:

-      Good geographical coverage across the county ensuring equitable service, as the same service is available regardless of geographical area in the county.

-      Fostering accessibility and patient choice.

-      The commissioning authority remains close to the communities, able to respond to local needs.

-      Direct assurance of each provider’s competence which supports good quality and safety of the service.

-      Maintaining control and access to service data and ability to audit performance.

-      Flexibility for GP practices to contract on behalf of other practices to improve access.

-      Value for money benefits demonstrated by the public health outcomes and the resulting return on investment to the wider system.

 

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

 

This service contributes to ‘Priority 1: Levelling up Kent’ of the Framing Kent’s Future Our Council Strategy 2022-2026 as providing contraception to women can prevent unplanned pregnancies, which is a preventative approach of improving the populations health and narrowing health inequalities.

 

This approach aligns with Securing Kent’s Future - Budget Recovery Strategy and the council’s Best Value Statutory responsibility, as this decision prioritises best value considerations. This is a preventative service with evidence of good Return on Investment and can help reduce demand into other KCC services and across the health and social care system.

 

Locally, the provision of the services supports the Kent and Medway Integrated Care Strategy, supporting its ‘Shared Outcome 4: Empower People to Best Manage their Health Conditions’ and delivers the recently published Kent Sexual Health Needs Assessment 2024.

 

Proposed Decision:

The Cabinet Member for Integrated Children’s Services is asked to;

 

Agree the adoption of the Sufficiency Strategy from 2025 to 2028, and delegate authority to review, refresh and/or make revisions to the strategy on an annual basis where changes do not require additional governance, to the Corporate Director for Children, Young People and Education or other Officer as required by the Corporate Director.

 

Reason for the Decision

 

The publication of the Sufficiency Strategy meets the Council’s statutory duties under the Children Act 1989. Adoption of this Sufficiency Strategy allows KCC to be clear on its sufficiency duty and provide information on the service development needed for children’s social care.

 

Background:

 

The Sufficiency Strategy reflects our ambition to accommodate Kent’s children in care, on the edge of care and care leavers within the county in affordable accommodation.

 

If adopted, it will replace the Sufficiency Strategy 2022-27..

 

The Strategy is the result of extensive engagement with professionals across Integrated Children’s Services and is informed by engagement from children who use the services.

 

How the proposed decision supports the strategic direction of the Council 

 

The draft Strategic Statement “Reforming Kent 2025 to 2028” includes priorities recognising the need to work with the Home Office on the effectiveness of the National Transfer Scheme, the development of in-house Children’s Homes and make representations at national level for a revised, needs-based funding formula for children’s social care that recognises the burden from other Local Authorities placing so many of their Looked After Children into Kent which aligns with the Sufficiency Strategy.

 

Financial Implications:

 

Finding ways to manage the Councils financial pressure, whilst still maintaining good outcomes for children and young people, is an essential part of supporting the Council’s financial sustainability. The Sufficiency Strategy looks at ways that we can improve sufficiency which will support the Council with managing this financial pressure and achieving the best outcomes for our children and young people.

 

The total budget for looked after children's placements in 2024/25 was £105m and was overspent by £3m.  Responding to the trend in increasing costs of placements, the Council has responded and invested further funding, increasing the budget to £117m in 2025/26, although the initial forecast is still indicating a possible overspend of £6.5m.

 

These activities and services are already funded. The Strategy does not, therefore, represent either a direct financial cost or saving, however is part of the foundations required to frame the activity needed to deliver overall savings and improve quality. 

 

Any activity arising from the Sufficiency Strategy that constitutes a Key Decision will be subject to the Council’s established governance processes.

 

Legal Implications:

The Council has a statutory duty to provide suitable and safe accommodation with the right level of support for Children in Care (including UAS Children) in accordance with the Children’s Act 1989.

The Sufficiency Duty (Section 22G of the Children Act 1989) requires Local Authorities, so far as is reasonably practicable, to ensure that there is sufficient accommodation to meet the needs of those children they have a Corporate Parenting responsibility for within their Local Authority area.

The Council must provide Care Leavers (including former UAS Children) with support and financial support to assist in promoting their welfare, especially in relation to maintain suitable accommodation and helping them access education, training, and employment.

 

The Council must comply with s.149 of the Equality Act 2010.  It is an “have regard to” duty for Councils when exercising their functions, to”… eliminate discrimination, harassment, victimisation…advance equality of opportunity… and foster good relations…”

 

Proposed decision:

 

To approve changes to the Kent County Council local funding formula for schools and early years providers that is used to calculate school budgets and early years rates from 1 April 2026. 

 

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

 

Delegate authority to the Corporate Director of Children, Young People and Education, in consultation with the Cabinet Member for Education and Skills, to agree the distribution method for new school and early years specific education grants during 2026-27 provided by the Department of Education, in line with grant conditions.  

 

Reason for the decision:

·   The Government has confirmed the Council continues to be responsible for operating a Local Funding Formula for Kent maintained schools (and this formula is also used by the Education and Skills Funding Agency for calculating Kent academy budgets) during 2026-27. 

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

·   This decision will confirm how funding will be distributed to schools and early years in line with Government guidelines. In addition, during the year, the Department of Education can sometimes announce additional grants that must be paid directly to schools or early years providers (for example: contributions towards teachers’ pay award, pension increases or national insurance changes) to ensure these grants are paid to schools and early years providers in a timely manner, the proposal extends the delegation to distribute these specific grants during the year.

·   The final budget approach will be confirmed at the point the decision is taken.

 

Background:

·   The Department of Education provides Local Authorities with a specific ring-fenced grant each year to fund the school budgets (mainstream primary & secondary schools), early years free-entitlements for children under 5, high needs (Special Educational Needs Education Placements including special schools) and central services for schools. It is the Local Authority responsibility to distribute this funding to schools, eligible early years and to provide SEN services and other services for schools in Kent. 

·   The Department of Education has delayed the Dedicated Schools Grant funding announcements and detailed guidance until the Autumn (and had not been published at the time of writing). A policy document outlining the principles on which Local Authorities can set the schools funding formula for primary and secondary mainstream schools was published during the Summer confirming that Local Authorities will remain responsible for setting the schools budgets and outlining the parameters in which Local Authorities must operate. No further guidance has been given at the time of writing on the setting the early years rates for 2026-27.

·   A consultation is taking place with schools during October – November on the principles of setting the school budget, in line with the Governments policy document (ahead of Government funding announcements). A consultation with early years providers will take place, if required, when further guidance is published.

·   The Schools Funding Forum is a statutory body made up of a representative group of headteachers, governors or other senior members of staff (i.e. school finance manager) within Kent schools including academy trusts, maintained schools, primary, secondary and special schools. Along with Post 16 and Early Years providers. The Local Authority is required to consult with the Schools Funding Forum on the school budget and early years rates prior to the key decision being taken. 

·   In previous years, the Local Authority has taken the decision to transfer funding from the Schools Block to the High Needs Block to fund services for SEN Support in mainstream schools, alongside adjusting the schools funding formula (by reducing all factor rates including the minimum per pupil funding level) to help afford this. If the proposed decision recommends to continue with this approach, a dis-application from the Secretary of State will be required. (This has been agreed in previous years.)    

 

Options (other options considered but discarded):

·   School Budgets: The options considered for setting the primary and secondary school budgets will be outlined in the consultation document to schools and the preferred option will be set out at the point of decision. This will include:

1.    Whether a transfer of 1.2% should continue to be made from the Schools Block (funding for primary and secondary mainstream budgets) to support the cost of SEN Support Services funded from the High Needs Block (in 2025-26 this equated to £16,500,000).

2.    The basis on which the school budget formula is calculated and rates are set including whether to reduce the statutory minimum per pupil level.

However, the option to deviate excessively from the National Funding Formula (NFF), used by Government to allocate school funding to local authorities for distribution to primary and secondary schools, was discarded at an earlier stage.

This is in line with previous recommendations from both schools & the Schools Funding Forum who have supported the general principle that “our Local Funding Formula should move towards the NFF, but at the same time continue to utilise local flexibility to address areas of local concern”.

 

·   Early Years Payments: The options will be set out at the point of key decision and considered in line with DfE guidance when published.

 

Links to Securing Kent’s Future and the Council’s Strategic Statement:

·      

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

 

Financial Implications

·     The costs of the new proposed funding formulas will be fully met from the Dedicated Schools Grant, a specific ring-fenced grant from the Department of Education, used to fund primary & secondary school budgets and Early Years Free Entitlement, and will not be a further cost to Council funding.

·     This decision will impact the High Needs Budget for 2026-27. The agreement to transfer funding from the schools block to the high needs block will increase the funding available to help support SEN Support Services provided by the Council and reduce the overspend on this block of funding. Overspends on the High Needs Block have led to an annual deficit on the Dedicated Schools Grant since 2018-19.This has arisen where the total spend on SEN services is exceeding the annual grant received from the DfE for High Need Services. As a result the Local Authority is part of the Safety Valve Programme, a DfE initiative to support Local Authorities with highest deficits, of which the Council has agreed to fund £82m from General Fund, between 2022-23 and 2027-28, to help reduce the accumulated High Needs deficit, alongside an extra £140m from DfE. The transfer of funding from the schools block to support the High Needs block is part of the plan to avoid higher overspends during this period.

 

Legal Implications

·     The Local Authority is required to set the schools budget in accordance with the Education Act 2002 and the Conditions of DSG Grant 2026-27. School Budgets and Early Years funding rates must be published by 28th February of each year.  

           

 

·     Proposals will be made in accordance with the prevailing grant conditions for the Dedicated Schools Grant set by the Department of Education. Where relevant, Secretary of State approval will be sought if recommendations require a dis-application of these conditions.

·     Section 149 of the Equality Act 2010, provides that “…a public authority must in the exercise of its functions, have due regard to the need to a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act, b)  advance equality of opportunity… c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it..” 

 

Proposed decision

 

To approve and adopt a new enforcement policy enabling Kent County Council (KCC) to take enforcement action against land owners to ensure highways users are not put at risk from non-compliance under relevant statutory provisions.

 

To approve and adopt a new street works enforcement policy enabling KCC to take relevant enforcement action up to and including prosecution against utility companies and other entities for non-compliance failures under relevant statutory provisions.

 

Reason for the decision

As the local Highway Authority, KCC has a statutory to ensure that the public can use and enjoy any highway for which they are responsible including any roadside waste which forms part of it.

 

KCC also has a statutory duty to coordinate the works of statutory utility companies.

 

Background

To meet these obligations, KCC needs to know about all the work happening on the road network. The work must be done in timely fashion with the safety and convenience of all road users in mind. The proposed polices will enable KCC to take enforcement action against landowners and utility companies when they break the law or act in a way that is non-compliant to the works orders. This is especially important when such violations affect the council's ability to manage and coordinate road works or when the work is done unsafely or disruptively.

 

How the proposed decision supports the KCC Strategic Statement

This proposal is aligned with the strategic statement and direction of the emerging 'Reforming Kent' agenda

 

·   to improve the quality the highways network and to reduce the delays caused by road works.

 

 

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.

 

Proposed decision

 

 The Cabinet Member for Education and Skills to approve:

 

·         Expansion of Specialist Resource provisions in mainstream schools and academies to meet evidenced gaps

·         Adopting a new county-wide model of support to children and young people with Vision Impairment (VI).

·         Confirmation of the current policy position with regard to specialist resource provisions (SRPs) for social, emotional and mental health, and SRPs for Post 16 students.

 

Reason for the decision

 

·    To ensure the local authority can meet its statutory requirements for education provision.

·    To ensure the viability of Specialist Resource Provisions (SRPs) and efficient use of resources, so that children receive appropriate specialist support within or close to their communities.

·    The proposal for a new more flexible model for specialist support for children and young people with an EHCP for Visual Impairment is also intended to ensure equity of provision across the County and the most efficient use of resources in improving outcomes for children with an EHC plan for Vision Impairment

 

Background – Provide brief additional context

 

A review of KCC’s current specialist resource provisions (SRPs) was undertaken. The review considered: the number and type of places available against forecast demand; travel patterns and geographical gaps; whether there are clear pathways from primary school SRPs to secondary schools with an SRP; the specialist designations of current SRPS against the SEN need profile in their locality and the viability of existing SRPs.

 

Vision Impairment, as a primary need, is a low incidence need. Less than 1.0% of all Kent EHCPs for school age children and young people have a primary need of VI. Currently KCC has two SRPs with a designation that is solely for VI, one in East and one in South Kent. There are an additional two SRPs that include VI within their designation, both in East Kent. Elsewhere in the County, children who are vision impaired are supported by the Qualified Teachers for Vision Impairment and other VI specialists from the KCC Specialist Teaching Services for Children and Young People with Sensory Impairment and/or Physical Disabilities: Sensory Impairment in Mainstream Schools - KELSI  and Physical Disability and Complex Medical Needs - KELSI. The Vision Impairment specialists in this team also support schools with SRPs for VI where there has been a gap in recruitment of a qualified teacher for VI. It is proposed that this model of support is adopted across the County.

When consulting on establishing SRPs in secondary schools, KCC has always set out its policy position that the SRPs are intended to cover children and young people in Years 7 to 11. Over time there has been a gradual growth in numbers of young people remaining in SRPs in Years 12 and 13. It is intended that this should be the exception, rather than the rule and that KCC reiterates its position that SRPs in secondary schools are principally for young people in Years 7 to 11 and should focus on supporting young people to become more independent as they move on to Post 16 education and training.

 

This review informs commissioning decisions around SRPs that are reflected in the SEN Sufficiency Plan which covers wider SEN provision planning. The SEN Sufficiency Plan sits under the Commissioning Plan for Education Provision in Kent. It sets out the principles by which we determine mainstream and SEN related education provision proposals, forecasts the need for future provision, and details plans to meet commissioning needs which arise in each district and borough in Kent over the next five years. SRPs are part of the continuum of SEN provision (mainstream, specialist in mainstream and special schools) and the review provides the rationale for commissioning decisions for the specialist in mainstream provision (SRPs).

 

Options (other options considered but discarded)

 

The decision was taken to review SRPs under the wider SEND Transformation Programme as Kent’s high DSG deficit and the commitment made to the DfE under Kent’s Safety Valve agreement and the Accelerated Progress Plan, the option of ‘do nothing’ and not carrying out the review was not a viable option.

 

How the proposed decision supports the Strategic direction of the Council:

 

The proposals aim to enable children and young people with SEND to access education in a setting that is appropriate for their needs and as locally as possible. They will enable, where appropriate, more mainstream schools to meet the needs of children and young people with SEND, thus increasing the choice and proximity of school places, as well as ensuring that children and young people with VI are supported by appropriately qualified specialist staff wherever they and their families prefer them to be educated. Increasing capacity in our mainstream specialist provision is a key part of the strategy to reduce our reliance on the independent, non-maintained sector, and the use of SRPs in providing a wider more specialist SEN offer in mainstream, supports this aim.

 

The proposal to address the SRP provision gaps between primary and secondary schools and address geographical and demand gaps will also enable the local authority to ensure that the Best Value duty is being applied and Kent is able to secure value for money in relation to the educational provision that children and young people with an EHC plan access. The proposal for a new more flexible model for specialist support for children and young people with an EHCP for Visual Impairment is also intended to ensure the most efficient use of resources in improving outcomes for children with an EHC plan for Vision Impairment. A Local Authority, under the 2014 Act, must comply with the parent/carer or young person's request unless attendance at the preferred school would not meet their special educational needs, or would be incompatible with the efficient education of others or the efficient use of resources. The efficient use of resources that is referenced under the 2014 Act regarding placement of children and young people with an EHC plan ensures that as a local authority the Best Value duty can be applied while ensuring a suitable education is provided to children and young people with an EHCP.

 

 

Financial Implications

 

Capital:

Capital costs related to proposals to commission new SRPs and/or expand current SRPs to meet provision pathway and geographical gaps and meet growth in demand will be funded through KCC’s High Needs Capital Grant allocations provided by the Department of Education (DfE). This capital grant is provided on an annual basis to support high needs provision for children and young people with special educational needs and disabilities or requiring alternative provision. The grant can be used to either create new school places, improve existing facilities or/and support mainstream inclusion.

 

The annual grant allocations are combined, along with other specific funding sources, to fund the programme of works to support the development of High Needs Provision across Kent. The programme has been running since 2020-21 with a total combined annual 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). The balance of £41.5m is intended to support new projects, such as the sufficiency of SRPs and special school places and SEND support in mainstream schools.

 

 

The capital costs and phasing associated with the prioritisation and commissioning of new or expansion of current SRPs is being worked on by Assistant Directors of Education and their teams. Feasibilities are being undertaken on any SRP proposals requiring additional accommodation or extensive refurbishment  and currently intended for September 2026 opening (subject to consultation and statutory process where applicable), followed by those intended for 2027 or 2028 opening. Costs will be considered alongside any proposals for capital investment in Special Schools and mainstream inclusion spaces and projects will be prioritised to ensure costs remain within the overall budget allocated. Individual proposals for new or expanded SRPs will be included within the Kent Commissioning Plan process (either at new Plan or review stage) in order to ensure alignment with the Capital Planning and Reporting process.

 

Revenue:

The Council commissions schools to provide the support and provision provided in an SRP on a day-to-day basis, normally by paying a pre-agreed rate per place. The Council funds the revenue costs of SRP places from the High Needs Block of the Dedicated Schools Grant, a specific ring-fenced revenue grant from the DfE.

 

The rate paid per place by the Council is currently under review, and is subject to the implementation of a new funding model that is expected from September 2026. In addition, a revised contract/service level agreement is also expected to be introduced with school/Trusts running SRPs at the same time.

 

The Council is currently overspending on its High Needs Block by approximately £55m-£60m per year of which the use of more specialist provision such as state-funded or independent special schools, rather than supporting children to remain more locally in their mainstream school, has been highlighted as a key contributing factor to this position. Whilst there is no direct cost of SRPs to the General Fund, the Council is part of the Safety Valve Programme, a DfE initiative to support Local Authorities with the highest deficits, of which the Council has agreed to contribute a total of £82m between 2022-23 and 2027-28 to help reduce the accumulated deficit, alongside an extra £140m from DfE. The DfE funding is contingent on the development of plan to achieve value for money within the existing SEN regulatory framework and to aim to reach an in-year breakeven position by the end of 2027-28. Reducing the Council’s reliance on specialist education placements is a key part of the strategy to achieve this, and the use of SRPs in providing a wider more specialist SEN offer in mainstream, supports this aim. Alongside ensuring the current SRP offer continues to offer Value for Money and meets current demands. In addition, enabling children to be supported more locally will also reduce the cost of school transport, which is a direct cost to the General Fund.

 

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 sensory impairments. These are:

·      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 (in this case those with a sensory impairment). It specifies the requirement to make well informed, reasonable adjustments for children and young people with a sensory impairment.

·      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.

·      The DfE Specification for mandatory qualifications for specialist teachers of deaf/blind children and young people which requires:  teachers in the Sensory Inclusion Service (or in charge of Units or SRPs) to hold a statutory qualification in Hearing Impairment (HI) or Visual Impairment (VI).

·      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.

 

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 Schols) (England) Regulations 2013, Making Significant Changes to Maintained Schools (statutory guidance August 2025) and Making Significant Changes to an Academy (non-statutory guidance on collaborative school place planning, August 2025).

 

Proposed decision: Closure of KCC Community Learning and Skills (CLS) apprenticeship programme to support viability of overall Service

 

Reason for the decision

 

Community, Learning & Skills (CLS) has seen significant funding changes to the Adults Skills Fund (ASF) by the Department for Education (DfE) from 1^st August 2024, followed by confirmation of funding cuts of £521k from 1^st August 2025. These changes have required CLS to undertake significant review of its services so as to ensure it continues to deliver vital core skills to the residents of Kent within the new terms of its funding contract with the DfE and at the same time to remain financially viable. The apprenticeship programme was not part of this initial review as it had focussed on changes to meet the new ‘Adult Skills Fund’ requirements. However, following the more recent funding cuts as above, the programme has now been reviewed.

 

KCC CLS Apprenticeship programme has been subject to two separate restructures over the last 5 years, the first following an Ofsted ‘Requires Improvement’ grade in 2019, with a second trying to move the apprenticeship provision to a financially viable position by restructuring the staff and reducing the offer. Whilst the quality of the provision is now graded good by Ofsted and is achieving required standards in all areas on the DfE benchmarking portal, the service continues to deliver at a financial loss. At present there are 36 apprentices on the programme and it is expected to deliver at a loss of £89k during this financial year.

 

Whilst this area was not previously prioritised as an area of further change, current financial pressures require revised consideration of how best to allocate limited resources. Continuing this service without an ongoing commitment by the Council to subsidise this non-statutory service is not sustainable without it potentially impacting on other essential areas/ services within CLS.

 

Opportunities to move existing apprentices to complete their apprenticeships with other local providers is in the process of being explored. CLS has seen a growth in external training providers to meet demand.  Initial conversations with other Medway Authority and the 3 Kent FE colleges have been undertakenand Kent Association of Training Organisations has also been approached to identify suitable Independent Training Providers. If suitable alternative provision cannot be found individual apprentices will be outrun through CLS.

 

The proposed decision is to close the current provision and endeavour to relocate apprentices to other providers.

 

 

 

Background

 

A restructure of CLS Apprenticeships was undertaken in 2021, following 2019 Ofsted inspection grading CLS apprenticeship provision as ‘requires improvement’. The provision was also not meeting required minimum standards for success rates.

 

During this restructure, a number of Apprenticeship Standards were removed from the offer with the main areas retained being Early Years, Teaching Assistant, Customer Services and Business Administration. All of these are also offered by other quality providers across Kent.

 

The implementation of the new structure was intended to move the delivery of the programme to a position of small surplus in years 2024-2025 and onwards, however due to multiple factors, delivery volumes have been significantly impacted. As a result, a deficit of £103,446 was recorded in 2024/25, with a projected shortfall continuing in 2025/26, raising concerns about the ongoing viability of the apprenticeship provision. These deficits formed part of the CLS overspend in 2024-25 and have been funded from the Council’s General Fund. The Council has previously not subsidised the CLS service, expecting the service to be fully funded through the use of Government Grants or fees from courses.

 

In the current market, with the ongoing delays in roll-out of the Government funding changes across the apprenticeship provision and the savings being expected to be made across CLS to ensure this is  not an ongoing cost to the Council’s General Fund; it is no longer a workable option to continue to carry the financial burden of the KCC CLS apprenticeship scheme. 

 

Over the last 12 months, recruitment of new apprentices has been too slow, showing a continued downward trend in numbers on programme, a total of 26 against a target of 48. Additionally, funding from the DfE for apprenticeships has not kept pace with rises in costs. The total number of KCC staff directly involved in the apprenticeship programme is 7.80 FTE. Increases to the funding of apprenticeship standards are expected with the first £2,000 per learner increase being seen for the Teaching Assistant and Early Years Educator Standards, but the awaited uplift for Business Administrator and Customer Service Practitioner are long overdue. The Customer Service Practitioner attracts funding of £3,500 per learner, and it has been static since 2017. With the increase in staffing costs since its inception, this barely breaks even to allow for the level of support required for this vital stepping stone apprenticeship into customer-based organisations. The long-awaited Level 2 Assistant Administration has also been delayed further due to the changes implemented in this year’s funding rules and is now anticipated to commence in the Autumn of 2025.

 

 

Options (other options considered)

 

Option 2 – Scale down delivery to current level of apprentices and regrow over time:

Reduce staff numbers through the diminution process to enable us to have sufficient staff to cover the current number of learners only and investigate the regrowth of the provision in due course, reviewing the potential for future hiring using permanent relief contracts to create flexibility in staffing. This would enable us to retain a progression pathway for Supported Interns within the apprenticeships that we offer. With the number of apprentices on programme continuing to reduce and two apprenticeship restructures having already been undertaken, the risks of further future reductions being required were considered too great.

 

Option 3 - Do nothing:

CLS Apprenticeships continue to deliver the apprenticeship programmes, whilst exploring opportunities to deliver other apprenticeship standards and Work Based Training programmes or associated employer focussed delivery with ASF Core and Tailored learning funding. This would not be viable as it would require financial support from other streams of income for CLS/KCC. A decision to reduce focus on other CLS ASF delivery has already been taken (24/00046) and is to be consulted on from early September.

 

Decision - 24/00046 - KCC CLS Adult Education Funding Reform

 

How the proposed decision supports the Council’s Strategic statement

 

The changes will support KCC’s ambitions by:

·   Ensuring that CLS funding is utilised to support key priorities including Study Programmes for young people who are not in education, employment or training (NEET) including those with Education, Health and Care plans (EHCPs) and Family Learning.

·   ensuring that current apprentices are either supported by CLS until their achievement or by transferring them to other training providers for future support.

·   The closure of the apprenticeship provision of KCC CLS service, will aim to support the service to return to a self-funded model of delivery within 2 years and achieve financial sustainability in the longer term (recognising there will be a short-term pressure whilst this transformation takes place).

 

Financial Implications

 

KCC CLS is expected to deliver within the funding provided by central government contracts, without further subsidy by the Council’s General Fund. Due to recent changes to the contract rules and reductions in the contract value, the service has had to review all its services to ensure future financial sustainability within the confines of the central government funding conditions. Attempts to ensure the apprenticeship programme can be delivered within the grant funding available (in 2024-25 this totalled £157k) has not been possible, and a shortfall is expected to continue in future years. The apprenticeship programme is funded by a contract from the DfE on an earnings per learner basis.

 

In the past, KCC CLS had subsidised the ongoing running of this apprenticeship service from the other funding and fees that the service has been able to secure, but due to wider changes in adults skills funding this is no longer possible, and so it has now become a pressure on the Council’s General Fund. During the 24/25 academic year, CLS has drawn funding of £157k for apprenticeship delivery, compared to the direct costs of delivery of £247k.

 

Whilst a decision to cease delivering the apprenticeship programme would reduce direct costs by £247k, the loss of the income earned from the programme of £157k creates a net saving of £90k.Additionally, it is anticipated that this would also contribute towards releasing capacity and improve efficiency of teams that work across the whole service. These savings are likely to be staged whilst alternative solutions are found for on-programme learners as staff will need to be retained to teach and support learners whilst the programme is wound down.

 

The proposal is intended to avoid an ongoing requirement of funding from the Council’s General Fund to subsidise the programme. There will be one off cost-of-change expenditure in relation to redundancy payments and premature retirement charges which are payable directly by KCC CLS. These are estimated to be approximately £78k redundancy and £59k premature retirement. These costs effectively remove the savings made in year one but enable the savings in future years.

 

 

Legal Implications  

 

There is no statutory obligation for the council to deliver an Apprenticeship scheme, and it is therefore deemed to be a discretionary service.  The Council’s statutory obligation is to ensure compliance with the duty provided by s. 149 of the Equality Act 2010.  This obligation is an “have regard to” duty for what is a public function.  So, the Council must consider, identifying protected characteristics, assess any disproportionate impact on individuals or groups with protected characteristics, demonstrate due regard, provide justification and consider any reasonable adjustments.

 

     

Equalities implications

 

The EqIA conducted by CLS, has identified that the closure of the apprenticeship programme will have a number of impacts on those with protected characteristics. These have been identified as:

·   Change to provider offering the apprenticeship. Mitigation would be to outrun apprenticeship if a suitable alternative couldn’t be identified.

·   Fewer opportunities to undertake apprenticeships. Mitigation would be provided by signposting to alternative learning providers (e.g. colleges / independent training providers) and the promotion of other learning opportunities such as Foundation Apprenticeships for those aged 16-19, Bootcamps, Advanced Learner Loans and Work-based Learning to those aged 19+

·   With 91% of CLS’s apprentices being aged 23 years or younger at the start of their programme, younger people will be more affected by the changes proposed. There should, however, be other opportunities available through other providers in the County.

·   On average 24% of our apprentices are male, therefore those identifying as female would be greater impacted by the changes suggested. There should, however, be opportunities available through other providers across the County.

 

The positive impacts of the closure include:

·   Reduce the financial reliance on other funding streams to fund gaps in income and, therefore, reduce potential Adult Skills Fund funding rules breach.

·   Less competition amongst Kent training providers supporting better joined-up working.

 

 

Data Protection implications

 

There are no data protection implications arising directly from the decision requested within this paper. However, in the event that apprentices transfer to an alternative training provider, data sharing agreements will be instigated to ensure that learner data is protected.  

 

Proposed decision

 

To procure a new framework contract for the placement of children and young people with Education, Health and Care Plans in the Independent and Non Maintained Independent Special Schools sector from 1 September 2026.

 

Reason for the decision

 

-      The Non-Maintained Independent Special School Dynamic Purchasing System (NMISS DPS) was established following a Key Decision (Decision - 21/00049 - Non-Maintained and Independent Special School Commissioning Strategy) in September 2022 for an initial period of three years, ending 31 August 2025. This is a zero guaranteed spend with multiple providers contract compliant with Public Contract Regulations 2015.

-      A one year extension of the contract was approved by the Cabinet Member for Education and Skills in February 2025 (Decision - 25/00007 - Non-Maintained Independent Special School (NMISS) Dynamic Purchasing System (DPS) - Contract extension and re-procurement options)  thereby extending the contract end date to 31 August 2026.

-      Approximately one third of the Independent and Non Maintained Special Schools (INMSS) used by the Council to make placements for children and you people are currently on the framework contract. Increasing provider participation in the new framework is essential to shaping a more inclusive and effective relationship with the sector.

-      A new framework contract, that is compliant with the Procurement Act 2023, will be required to be ready to use as of 1 September 2026.

-      Aligned with the Kent SEND Strategy 2025–2028, the new contract aims to increase participation from the INMSS sector, improving oversight, outcomes, and reducing reliance on distant placements and associated travel costs.

 

Background

 

-      Kent County Council (KCC) has a statutory duty to ensure that all children and young people receive suitable education, under the Children and Families Act 2014 and the SEND Code of Practice (2015).

-      Prior to the implementation of the current NMISS contract, all placements within the independent sector were arranged through spot purchasing. This, coupled with a gradual increase in the number of placements in the independent sector, has contributed to a year-on-year rise in placement costs.

-      The NMISS framework contract was introduced for KCC to be compliant with procurement legislation and to enable the monitoring and assurance of the quality of provision, improve outcomes for children and young people placed in the independent sector, and achieve better value for money.

-      While the current NMISS contract has delivered progress against these aims, significant learning has emerged. The upcoming procurement will address known challenges and barriers, with a continued emphasis on quality and outcomes for children and young people.

-      Implementing a new contract will support the development of a more inclusive and effective relationship with the sector, aligned with Kent’s strategic objectives, including the Countywide Approach to Inclusive Education and the commitments outlined in the Framing Kent’s Future Strategy and Securing Kent’s Future Budget Recovery strategy, particularly in addressing concerns of lower school attendance and placement breakdowns in the independent sector.

-      The procurement of an open framework arrangement with Independent and Non-Maintained Special Schools (INMSS) aligns with the implementation of the review of the KCC Maintained Special Schools by promoting inclusive, local provision, improving oversight through robust quality assurance, and managing system-wide demand to ensure specialist placements are reserved for those with the most complex needs. Both approaches prioritise reducing reliance on distant placements, enhancing educational and wellbeing outcomes, and engaging stakeholders to build confidence in local SEND provision.

 

Options (other options considered and not recommended)

 

-      Do Nothing: Allowing the current contract to expire and revert to spot purchasing. This option is not considered compliant with the Procurement Act 2023, limits KCC’s ability to strategically manage provider performance, and undermines achievement of value for money objectives.

-      Directly award contracts to known well performing schools: This would require significant activity to be able to meet the requirement that providers in receipt of a directly awarded contract have a proven track record and could potentially see providers  challenging decisions as to why some providers would be selected over others and potentially receive individual negotiations on each of the contract terms making the services impossible to manage to get consistency of outcomes for children across Kent.

-      Extend the current DPS framework contract using the remaining extension clauses in the existing contract. This option was previously considered and discarded as part of the decision to implement a one year extension of the contract in February 2025 as referenced above. 

 

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

 

-      Priority 1 - Levelling up Kent -  To maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.

-      Priority 2 - Infrastructure for Communities - A commitment to maximise social value to attract additional community benefits. 

-      Priority 4 - New Models of Care and Support – To reshape our commissioning practice to ensure we build strategic partnerships with our providers, through earlier engagement, more consistent and proactive commissioning practice, and a stronger focus on co-designing services.

 

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

 

-      It will meet the strategic objectives by contributing to bringing the Council’s budget back into balance.

-      It will prioritise Best Value considerations.

 

 

Legal Implications 

 

Kent County Council has a statutory responsibility when placing children and young people in the Independent and Non-Maintained Special School sector. These include:

-      Education Act 1996: KCC has a statutory responsibility under the act to provide education for all children and young people until age 19 and to age 25 for those with EHC plans.

-      Children and Families Act 2014: Requires KCC to secure the special educational provision in a child’s Education, Health and Care Plan (EHCP), including placements in NMISS where appropriate.

-      SEND Code of Practice (2015): Provides statutory guidance on working with families and providers to ensure suitable, high-quality placements.

-      SEND and AP Improvement Plan (White Paper, expected Autumn 2025): Is likely to introduce national standards for commissioning, regional frameworks, and stronger accountability for SEND outcomes.

-      Kent’s SEND Strategy 2025 -2026 aligns with the above legislative frameworks and focuses on inclusive, local provision, and the Commissioning Plan for Education Provision in Kent sets out the Council’s approach to meeting future SEND demand through strategic planning and provision.

-      The procurement of a new framework, undertaken in compliance with the Procurement Act 2023, and with appropriate legal advice, will facilitate the discharge of the Council’s above statutory duties.