Proposed decision –

APPROVE a direct award of the Carers’ Short Breaks contract, for a period of twelve months, from 1 April 2025 to 31 March 2026, in accordance with the relevant justifications set out in Regulation 32(2)(c)of the Public Contract Regulations 2015;

 

APPROVE a modification in the form of an extension of the contract for a period of twelve months for Community Navigation Services (Part B), from 1 April 2025 to 31 March 2026, in accordance with the relevant justifications set out in Regulation 72 of the Public Contract Regulations 2015;

 

APPROVE commencement of procurement for a new Carers Support Services contract which combines both Carers’ Short Breaks and Community Navigation Services (Part B);

 

DELEGATE authority to the Corporate Director Adult Social Care and Health to take relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

 

Reason for the decision

Kent County Council has statutory responsibilities under The Care Act 2014 which include assessing the needs of any adult (cared for or carer) with an appearance of need for care and support, and arranging services where appropriate to meet the unmet eligible needs of adults living in Kent. The Community Navigation Services (Part B) and Carers’ Short Breaks contracts support the council to meet this duty.

 

The current contracts for Community Navigation Services (Part B) and Carers’ Short Breaks expire on 31 March 2025.

 

The original project plan for procurement of the Carer’s Support Service was scheduled for key decision in September 2024 however due to capacity issues the project was delayed. Work is now progressing on the development of the Carers’ Support Service and to allow this activity to be completed, a twelve month extension of the current contracts until 31 March 2026 is required.

 

Background – Provide brief additional context

There are many different types of carers and they come from all walks of life, ages, ethnicities, and backgrounds - anyone can find themselves in a caring role at some point in their life. The Care Act 2014 defines a carer as someone in an unpaid role who provides or intends to provide care and/or support to another adult.

 

The Kent Adult Carers’ Strategy 2022 to 2027 describes how Kent County Council will work with all partners to make changes to improve the experiences of unpaid adult carers in Kent. It was developed in partnership with carers, people who draw on care and support, carers organisations, staff, and county councillors.

 

Kent’s strategy for Adult Social Care – ‘Making a Difference Every Day Kent Adult Carers’ Strategy sets out the vision: ‘Making a difference every day by supporting and empowering you to live a fulfilling life whilst being a carer, as long as you are willing and able’.

 

Building on the Kent Adult Carers’ Strategy we want to commission an improved offer for carers. We have been developing proposals for a future model with carers and through engaging with the market.

 

Leading on from what carers told us, we are considering introducing a single point of access for carers support services that is well promoted and marketed. We will ensure a greater focus on the benefits of completing a carers assessment so we can better understand the needs of carers. We will introduce a more local community based approach ensure the service has a wider reach into all parts of the community across Kent.

 

Options (other options considered but discarded)

Reprocure the contract within a short timeframe – Preparatory work has already been completed.  This includes a range of co-production activity with carers, engagement with the market and other stakeholders to determine the requirements of the future offer. We would not want to lose the benefits of this work by rushing through a procurement exercise which does not continue to involve and engage stakeholders at every stage of the process. The council is also not assured there are currently reasonable alternatives in the market that could mobilise in such a short space of time.  Additionally, the procurement will be undertaken under the Procurement Act 2023 Regulations, and as the legislation is new, it is important to ensure to ensure that the Council does not undertake a rushed exercise and inadvertently breaches the regulations.

 

End the contracts on 31 March 2025 - whilst it is recognised that ending these contracts could deliver a significant saving to the council, ending the contract was dismissed at this point for the following reasons:

·       Loss of current support to vulnerable people

·       People accessing the contract may fall into crisis resulting in a high

financial pressure on Kent County Council operational services (negates

possible benefit of saving on the contract value)

·       Increased isolation and loneliness to unpaid carers.

·       Statutory duties non-compliance under the Care Act 2014.

·       Bringing the carers’ assessment responsibility back into the council’s adult social operational teams would incur significant impact on delivery and budget

 

Spot purchase services - would likely cost the council more money through individual arrangements with providers, lose consistency in service offer and risk oversight and control of the quality of provision. The council would also be in breach of the Procurement Act 2023.

 

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

The proposed decision supports Priority 4 of Framing Kent’s Future – New Models of Care and Support and our commitment to reshape our commissioning practice to ensure we build strategic partnerships with our providers, through earlier engagement, more consistent and proactive commissioning practice, and a stronger focus on co-designing services.

 

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

The proposed decision support the service transformation opportunities as set out in Securing Kent’s Future to provide services which meet the needs of Kent’s residents whist meeting the council’s Best Value duty.

 

Financial Implications ;

The future budget for Carers Support Services is to be agreed between the council and NHS Kent and Medway Integrated Care Board. There are no plans from the council to reduce the budget for Carers’ Support Services.

 

At the present time the value of the contracts for the extension period is expected to remain the same. The current total annual value of the services is £6,847,446 and this would be the maximum value for the twelve month extension period.

 

NHS Kent and Medway Integrated Care Board contributes £1,252,704 to the Community Navigation (Part B) contracts and £779,681 to the Carers Short Break Service and has confirmed their commitment to the contract will remain for the extension period.

 

The proposed contract extensions have no impact on the Medium Term Financial Plan (MTFP) and there are no plans to make savings against these services.

 

 

Legal Implications:

 

Kent County Council has statutory responsibilities under The Care Act 2014 include assessing the needs of any adult (cared for or carer) with an appearance for care and support and arranging services and where appropriate meeting the unmet eligible needs of adults living in Kent.  Where it appears to the local authority that a carer may have needs for support (whether currently or in the future), a carer’s assessment must always be offered.

 

In summary, the services are necessary and will allow KCC to recommission a new carers offer that better meets the needs of carers.

 

Regulation 72 (3) of PCR2015, requires Contracting authorities which have modified a contract in either of the cases described under Regulation (1)(b) and (c), should send a notice to that effect for publication, in accordance with Regulation 51. The risk to the council is that an alternate service provider may bring a legal challenge, arguing that the justifications for the modification of the contract, do not satisfy Regulation 72.

 

Officers will mitigate the risk of such a challenge by publishing a Notice on the central government "Find a Tender Service". This will notify the market of the council's intention to award this contract under Regulation 72 and start the 30 day time limit in which procurement challenges must be brought. This will have the effect of flushing out and/or time-barring any procurement challenge, allowing the council to make the modification with confidence once the 30 day time period has expired.

 

As the Carers Short Breaks Service has been the subject to a previous direct award under Regulation 32(2)(c)  of PCR 2015, it is recommended that to mitigate the risk of challenge on the grounds of ineffectiveness (Regulation 99), that the Council publishes a VEAT Notice. The Public Contracts Regulations 2015, SI 2015/102, reg 99(3) provides that the above ground for ineffectiveness will not apply if the contracting authority:

·       considers the contract award (without prior publication of a contract notice) to be permitted by the Public Contracts Regulations 2015, SI 2015/102, Pt 2

·       publishes a voluntary transparency notice indicating its intention to enter into the contract, and

·       observes a standstill period of at least ten days beginning with the day after the date the voluntary transparency notice was published.

 

Commissioners will follow the procurement regulations and Spending the Council’s Money in relation to any procurement that is undertaken.

 

 

Proposed decision:

 

Adoption of the Kent County Council Vehicle Parking Standards 2024 policy.

 

Reason for the decision

-      The currently adopted Kent County Council Vehicle Parking Standards were produced some 20 years ago and no longer represent best practice or policy compliance.

 

Background – Provide brief additional context

-      The Kent County Council Vehicle Parking Standards are used as guidance and in recommendations on planning application consultation responses issued by KCC as local highway authority.  A new policy document has been developed based on surveys, data, best practice and Government policy changes and is recommended for adoption.

 

Options (other options considered but discarded)

-      Some districts have adopted their own parking standards as local plans have been updated (this is the case for Ashford, Dartford, Gravesham and Tunbridge Wells) with some variations to KCC standards and some new survey information and officers refer to these in responses. Other districts have adopted KCC’s parking standards and have been requesting that KCC develop and adopt updated parking standards rather than progressing their own.  Given the close interactions between Kent districts, it is considered sensible for KCC as highway authority to produce an updated policy incorporating the latest best practice and to promote a consistent approach in line with Framing Kent’s Future 2022-2026.

 

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

-      The adoption of updated Vehicle Parking Standards accords with the County Council’s priority to create the right infrastructure around communities for a good quality of life.

 

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

-      There are no budgetary recovery implications.

 

 

Proposed decision:

 

-      To consider and note the outcome of the public consultation exercise

-      To confirm the options that will not progress and those that will be further explored relating to the town centre Folkestone Library and Registration Service

-      To confirm the nature of the temporary library and Registration provision in Folkestone town centre which will remain in place until a permanent provision is reinstated

-      To confirm the next steps associated with the options to be further explored, including those relating to future of the Grace Hill building.

-      To delegate necessary authority to relevant Directors for Growth and Communities and Infrastructure ,in liaison with  the Cabinet Member for Community and Regulatory services and The Deputy Leader  and Cabinet Member Finance, Corporate and Traded Services , to implement the decision as necessary from a service and property perspective.

 

Reason for the decision

 

-      A Key decision is needed to confirm which of the options outlined in the consultation will be the subject of more detailed exploration to determine the next steps in relation to the future of the Grace Hill building and the future location of a town centre Folkestone Library and Registration Service. The decision will also confirm which options have been discounted. 

-      A further key decision will be sought once this further exploration is completed.

-      Due to the condition of the Grace Hill building and KCC’s financial position and the limitations on property maintenance budgets, Folkestone Library has been temporarily closed since December 2022 

-      An 8-week public consultation has been completed.

-      Once all relevant information has been compiled it is necessary for the Cabinet Member to take a decision on the future of Folkestone Library and Registration Service in Folkestone town centre and to delegate necessary authority to officers to implement this decision.

-      This will provide clarity on the Council’s intentions for where Folkestone Library and Registration Service will be delivered from within Folkestone town centre.

-      The decision will include the appropriate delegation to implement any decision including the property aspects  

 

Background – Provide brief additional context

 

-      The Libraries, Registration and Archives Service (LRA) is a statutory and highly valued public service delivered through a network of 99 libraries, five register offices; five mobile libraries, an archive centre, the stock distribution and support function building at Quarrywood, the information service - ‘Ask a Kent Librarian’ as well as the 24-hour accessible online services.

-      Folkestone Library is part of Kent’s statutory library service.

-      The temporary closure of the Grace Hill building in December 2022 was on the basis of health and safety grounds. The poor condition of the Grace Hill building has been exacerbated by the listed nature of its construction which has led to complexities to complete pro-active maintenance.

-      The repairs needed to reopen Folkestone Library in the Grace Hill building are now estimated to cost in the region of £2.9 million. This figure was compiled by a KCC surveyor in April 2024.KCC remains under significant financial pressure.

-      The building is listed as an Asset of Community Value under the Localism Act 2011.

 

Options considered as part of the consultation

 

At the time of the public consultation KCC put forward a preferred option that the Library and Registration Service permanently move out of the Grace Hill building and that it move to a new high street location with the FOLCA project the preferred option, subject to further discussions with Folkestone and Hythe District Council, or an alternative town centre location.

 

-      Below is a list of all other options outlined in the consultation;

o   Continue with temporary provision permanently and exit the  Grace Hill building.

o   Make repairs to the Grace Hill building, re-open Folkestone Library and co-locate with other services.

o   Relocate full library service to another existing KCC building.

o   Sell and then lease back part of the building.

o   Move service to an alternative leasehold site

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

 

-      Consideration will be given to ensure we are meeting KCC’s statutory duties

-      Supporting Net Zero has will be a consideration

 

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

 

-      Financial factors are a key consideration of the decision

-      Consideration will need to be given to whether the decision is compliant with the Strategic Statement in the context of the significant financial challenges that the Council is facing.

-      Best Value considerations will be taken into account.

 

Proposed decision –

 

That the Cabinet Member for Economic Development in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services:

 

(1)  agree to £9.8 million of funding from the Ministry of Housing, Communities and Local Government, be used to award  grant funding to Local Planning Authority partners to deliver mitigation schemes for Nutrient Neutrality in the Stour catchment.

 

(2)  DELEGATE authority to the Corporate Director of Growth, Environment and Transport and Corporate Director of Finance to take relevant actions including, but not limited to, finalising the terms of, and entering into, required grant agreements as necessary to award funding to Local Planning Authority bids for mitigation schemes for nutrient neutrality in the Stour catchment. 

 

(3)  DELEGATE authority to the Corporate Director of Growth, Environment and Transport in agreement with the Cabinet Member for Environment, and Cabinet Member for Economic Development to nominate an officer as an observer to sit on the executive board of Ashford Borough Council and Canterbury City Council joint venture company Stour Environmental Ltd which will deliver mitigation schemes on their behalf.

 

 

Reason for the decision

 

Nutrient neutrality in the Stour catchment is having a significant impact on the delivery of homes in East Kent.

 

-    Decision 24/00014 taken in March 2024 by the Cabinet Member for Economic Development gave authority for KCC to enter into Memorandums of Understanding to accept £9.8m capital and £430,000 of revenue funding from the Department for Levelling Up, Housing and Communities to support nutrient neutrality mitigation works in East Kent to unlock the restrictions on housing development.

-    KCC as Local Planning Authority has received £9.8 million (in December 2024) funding for mitigation works and this funding must be committed to a programme by March 2025. It is expected the funding will be awarded to Local Planning Authority partners to deliver nutrient mitigation.

-    Ashford Borough Council and Canterbury City Council are establishing a joint venture company Stour Environmental Credits Ltd a company limited by shares to deliver the nutrient mitigation on their behalf and will be ready to deliver mitigation schemes which will generate credits and be sold to release housing development. It is expected the Joint Venture Company will be ready to trade within the first quarter of 2025. KCC will nominate an observer to the board of the Stour Environmental Credits Ltd allowing it to have oversight of the governance and financial arrangements of the joint venture company including how funding awarded to them is used. As the Stour Environmental Credits Ltd is currently in the inception process it is recommended that the decision to nominate an officer to act as an observer to the board be deferred. The nomination of an observer to the board will form part of the grant agreement and the observer will provide no direction or instruction to the board.

-      There are no additional budget implications from the release of this funding. However, KCC will be the Accountable Body, so part of this role will be to ensure funds awarded are spent in line with the terms of the grant determination letter.  A Grant Agreement will be required between KCC and each LPA that bids for funding to manage the financial risk if partners do not comply with the terms of the grant.

 

 

Background – Provide brief additional context

 

KCC acts as the catchment coordinator, a non-statutory role, for the Stour Catchment Nutrient Neutrality. KCC has been working in partnership with the districts to assess and identify mitigation measures for managing nutrient levels within the Stour Catchment. Currently housing development within the impacted districts cannot proceed without the generation of nutrient mitigation credits which can demonstrate that the nutrient loading within the catchment will not increase as a result of further housing development.

KCC has been awarded capital funding from the Local Nutrient Mitigation Fund for the delivery of mitigation schemes which can offset nutrients and generate credits. Districts will bid to KCC for funding to develop and deliver mitigation.

 

Options:

 

Option 1: Award grant  funding to partners to deliver mitigation schemes for Nutrient Neutrality in the Stour catchment.- Impacted Local Planning Authorities will bid to  KCC as catchment coordinator, for Local Nutrient Mitigation Funding. The funding awarded to LPAs will deliver mitigation measures, including but not limited to, septic tank conversion, water efficiency retrofitting, wetlands, agricultural reversion and floodplain meadow creation. The delivery of these measures will generate credits which the LPA will sell to developers to release housing. The returns from credit sales will be recycled and invested in further mitigation measures. 

 

Option 2: Do nothing - If KCC was to decide to take no action this would prevent the delivery of high-quality locally led mitigation solutions, and result in the housing allocation within the impacted districts not being met. This would have wider implications of negatively impacting economic growth within the county - discarded

 

Option 1 is the preferred option. As the catchment coordinator, KCC has a responsibility to address the ongoing issue of Nutrient Neutrality in order to unlock housing development in the area.

 

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

 

-      The decision supports Framing Kent’s Future 2022-2026 priority 2 – Infrastructure for Communities, which makes specific reference to our strengthening our capacity to support strategic planning across the county to provide an oversight of the county’s plan-led development and infrastructure needs.

-      Priority 3 – Environmental Step Change, which makes specific reference to our environmental targets and objects, compliance with legislation, protection of the environment, reducing our impact to the environment, protection and enhancement of biodiversity and ecosystems, sustainable resource use and climate change mitigation and adaptation.

 

 

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

-       

-      The release of grant funding will not place any additional burden on the budget and a legal framework will be established to remove any financial risk to KCC through the awarding of funds.

-      The release of the funding will increase investment within the county and support economic growth.

 

 

Proposed decision

Retrospective agreement to enter into an agreement with Sport England to act as accountable body for Active Kent and Medway (AKM) and confirm acceptance to receive a grant for £3,452,950 and for the authority to accept future grants awarded as part of Move Together to be delegated to the Director of Growth and Communities in consultation with the Cabinet Member for Community and Regulatory Services and the S105 Officer or Cabinet Member for Finance.

 

Reason for the decision

AKM is retrospectively seeking agreement for KCC to receive external grant funding on its behalf as per the key decision criteria (award exceeds £1million) to enable the service to continue to function.

 

It should be noted that AKM is an externally funded service hosted by KCC, established in 2006 for the purpose of promoting and providing opportunities for Kent’s residents to be physically active and to enjoy the associated benefits. 

 

Background

Active Kent & Medway (AKM) is one of 43 Active Partnerships in England. The principal funders are Sport England and Kent County Council via a Public Health Grant whose strategies and outcomes set the direction of our work and activity. Our vision is ‘more people, more active, more often’. Our mission is to ‘change and improve lives through sport and physical activity’. In order to achieve this, AKM aims to increase participation in sport and physical activity with a focus on encouraging the least active of Kent’s 1.9 million residents to become more active; through the promotion of the associated personal and public health benefits and targeting resources where need is greatest, especially at those from under-represented groups including women, older people, people living with a disability or long-term health condition, ethnically diverse communities and people from lower socio-economic groups. AKM engages with partners and networks across the county – including those in health, adult social care, community cohesion, housing, and transport as well as governing bodies of sport, clubs, school sports networks, charities, leisure providers and local authorities, to provide opportunities for everyone to get involved in sport and physical activity for enjoyment as well as wider health and social outcomes.

 

In 2022 AKM was awarded a grant of £3,452,950 by Sport England for the period 2022 - 2027 to enable the delivery of “Move Together” the countywide strategic framework for sport and physical activity.

 

AKM has subsequently been offered, in principle, a further £219,600 of investment for work specifically focused on the delivery of the School Games and Active Lives Children and Young People Survey. Work within the scope of Move Together as an extension of the initial award.

 

At point of offer of this investment it has come to light that whilst Move Together was shared with GED&CCC for feedback, the paper and discussion did not specifically ask that the Cabinet Member agree to receive the associated investment on behalf of AKM.

 

Therefore AKM is retrospectively seeking agreement for KCC to receive this and future grants from Sport England that align with Move Together, on behalf of AKM and as endorsement for KCC acting as the accountable and host body for the AKM Partnership.

 

Options

To not enter into the  agreement to act as host accountable body for Active Kent and Medway. This would reduce the opportunity for collaborative work between AKM and KCC and have an impact on support provided to partner organisations and stakeholders that work to provide opportunities for Kent’s residents to be active. 

 

To enter into the agreement to act as host accountable body - Recommended

 

 

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

Best Value Duty/ Adult social care prevention.

Increasing participation in sport and physical activity reduces the risk of major illnesses and helps manage existing health conditions providing effective preventative interventions which can help reduce demand on KCC’s Adult Social Care services.

 

 

Proposed decision:

 

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

 

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

 

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

 

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

 

 

Background

 

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

 

Reason for the decision

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

 

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

 

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

 

Options appraisal

 

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

 

How the proposed decision supports KCC Strategy 

 

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

Priority 1: Levelling up Kent

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

 

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

 

Priority 4: New Models of Care and Support

To reshape our commissioning practice to ensure we build strategic partnerships with our providers, through earlier engagement, more consistent and proactive commissioning practice, and a stronger focus on co-designing services.

 

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

 

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

 

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

 

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

 

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

 

Financial Implications

 

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

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

 

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

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

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

 

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

 

 

Proposed decision

 

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

 

Reason for the decision

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Background

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Options (other options considered but discarded)

 

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

 

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

·         Option 3: STLS becomes a traded service.

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

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

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

 

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

 

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

 

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

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

 

 

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

 

These actions will support Framing Kent’s Future through:

 

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

 

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

 

These actions will support Securing Kent’s Future by:

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

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

 

Financial Implications

 

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

 

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

 

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

 

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

 

 

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

 

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

 

 

Legal Implications  

 

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

 

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

 

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

 

Equalities implications

 

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

 

Key issues identified include:

 

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

 

In terms of mitigating actions:

 

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

 

Data Protection implications

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

 

Proposed decision

 

To agree that KCC can become Accountable Body for the Department for Work & Pensions ‘Connect to Work’ Programme for Kent & Medway and manage its local delivery.

 

Reason for the decision:

Connect to Work is a new Department for Work & Pensions (DWP) supported employment programme which will provide services to help people with disabilities and long term health conditions and other disadvantaged groups to access and stay in work. The government is asking Local Authorities to manage the programme across the UK and KCC is expected to assume the role of Accountable Body for the Kent & Medway programme which will run from 2025-2030.

 

Background and context:

The number of people out of work in the UK due to long-term conditions is at the highest level since 2008. In Kent, 27% of economic inactivity among 16-64 year olds is due to long term sickness. As at October 2024, there were 42,500 individuals registered as unemployed  across Kent & Medway. Connect to Work aims to provide in depth support to help some 2,900 people each year in Kent & Medway to access and stay in work.

Local Authorities are considered to be best placed to manage the programme given their connections to local communities and strategic role in the provision of services to local residents and businesses.

 

KCC would commission a number of service providers to support the delivery of the programme.

 

Not only will the programme support individuals who are currently economically inactive, but will assist local employers/businesses in addressing skills shortages.

 

Options:

1.  Agree that, subject to DWP approval of the Kent & Medway Delivery Plan and the subsequent issuing of a Grant Agreement, that KCC can assume the role of Accountable Body for the Connect to Work Programme for Kent & Medway (recommended option). Officers will adhere to newly established KCC grant acceptance and reporting processes.

2.  Not run the Connect to Work Programme in Kent & Medway. This option was discounted as the government is expecting upper tier Local Authorities and Mayoral Combined Authorities to assume accountable body status for the programme in their area. It would also be a missed opportunity to help Kent residents in targeted groups to gain access to work.

 

How the proposed decision supports Strategic Priorities:

The programme adheres to Securing Kent’s Future’s requirement for full cost recovery.

 

The programme supports ambitions in the Kent & Medway Economic Framework and Framing Kent’s Future to support people into work, develop the local workforce and ensure that employers have access to people with the right skills.

 

The programme will be a key element of the implementation of the new Kent & Medway Integrated Strategy for Health & Work.

 

Proposed Decision:

Cabinet Member for Integrated Children’s Services to:

 

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

 

Reason for the Decision:

 

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

 

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

 

 

Background

 

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

 

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

 

 

Options (other options considered but discarded)

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

 

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

 

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

 

 

Proposed decision

 

 AGREE to adopt the Integrated Care Strategy Delivery Plan

 

Reason for the decision

 

-      To adopt the ICS Delivery Plan and to confirm the corporate position in the delivery of existing and new priorities. 

 

-      The Delivery Plan sets out theproposed priorities for action, developed by each corporate directorate, that will contribute to improved local health and to the delivery of the Kent and Medway Integrated Care Strategy (ICS) alongside the current contributions that the Council is making to the ICS Shared Delivery Plan.

 

Background – Provide brief additional context

 

-      The Kent and Medway Integrated Care Strategy/Kent Joint Local Health and Wellbeing

Strategy Delivery Plan was endorsed by Cabinet in July 2024. At that point it was a high level overview which did not commit KCC to any specific actions and would be used as a basis to signpost to relevant strategies and programmes of work already underway

 

Since then work has taken place within each Council Directorate to capture work currently in train that contributes to improved health tackling the full range of wider determinants as well as addressing inequalities. As health is strongly impacted on by a wide range of social, economic, educational, community and environmentally focused issues, all parts of KCC are playing a key role in health locally.

 

Additionally, we wish to improve health locally and each directorate has a part to play. As a result directorate teams have developed and agreed priority actions that they will take over the next one to three years that will impact positively on local health. These have been largely framed to be of low or no cost, given the financial challenges we face.

 

The existing work and the new planned activity together represent KCCs contribution to the delivery of the Kent and Medway Integrated Care Strategy.

 

Options (other options considered but discarded)

 

-      Do nothing; This would potentially negatively impact on the health of the people of Kent. It would additionally impact negatively on our reputation as a key local leader and partner in the wider Kent system and  Integrated Care System.

 

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

 

-      Health and Wellbeing and its determinants, as broadly defined, are heavily influenced by Council led activity. The priorities within Framing Kent’s Future around Levelling Up, around strong community infrastructure, environmental step change and new service models around care and support and this agenda align well together.

 

-      Improvements in all these areas will have a positive impact on the wider determinants of health and therefore the health and wellbeing of the population we serve. Conversely, the priority actions proposed all align well with delivery across the range of priorities within Framing Kent’s Future.

 

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

 

-      The decision is compliant with the Strategic Statement in the context of the significant financial challenges that the Council is facing

-      Priority actions have been developed recognising the financial context and have focussed on developments that can be delivered at low or no cost.

-      Additionally in some areas there is the opportunity to potentially identify savings opportunities through reduced service need.

-      The operational delivery of agreed actions will be led within each directorate in line with Securing Kent’s Future and Best Value approaches.

 

 

 

 

Proposed decision:

 

Approval and adoption of the SEND Strategy 2025-28.

 

Background

The Special Educational Needs and Disabilities (SEND) strategy reflects our comprehensive plan to enhance the provision of services for children and young people with Special Educational Needs and Disabilities. 

 

If adopted, it will replace the SEND Strategy 2021-24.

 

The strategy is the result of extensive engagement with stakeholders, including parents, carers, educators, health and social care professionals, and young people themselves.  A formal public consultation took place during the autumn, closing on the 11^th November  2024.

 

How the proposal will support Framing Kent’s Future 2022-26:

 

The proposal will support:

 

Priority 1: Levelling Up

 

·         To ensure that all communities in Kent have access to opportunities and resources that enable them to thrive.

·         To improve the health and well-being of all residents in Kent.

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

 

Priority 4: New Models of Care and Support

 

·         Respond to national policy changes SEND provision, work with SEND families to rapidly improve the service provided to SEND children and work with mainstream schools so more can accept and meet the needs of children with SEND, increasing choice and proximity of school places.

 

How the proposal will support Securing Kent’s Future 2022-26:

 

The proposal will support:

 

Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP.

 

·         The strategy promotes inclusive practices in education and community services, ensuring that children and young people with SEND have the same opportunities as their peers. This fosters a culture of acceptance and equality, crucial for social cohesion.  It will support the CYPE placement strategy and will reduce the need for pupils to travel distances to access school places thus reducing the impact on the Home to School transport budget.

·         The strategy includes initiatives to support young people with SEND in their transition to adulthood, including further education, vocational training, and employment opportunities. This helps to build a skilled and diverse workforce, essential for economic resilience.

 

 

Proposed decision

 

The Cabinet Member for Education and Skills approve the adoption and implementation of the Special Educational Needs (SEN) funding system for state funded schools.

 

To proceed with the implementation of the communities of schools as per Key Decision in August 2024 within the financial envelope determined following a consultation process with schools.

 

To proceed with transition arrangements, between April 2025 and September 2026, following consultation with schools towards the establishment of one overarching SEN funding policy and system to ensure financial sustainability of the High Needs expenditure

 

 

Reason for the decision

 

At the Children’s, Young People and Education Cabinet Committee on 16 May 2024 a suite of reports on the county’s Special Educational Needs and/or Disabilities (SEND) Transformation were presented, one of which related to the structures that would support increased local collaboration, (Report Pack - Item 8a, p53-80).

 

After public consultation (Locality Model for Special Educational Needs Inclusion | Let’s talk Kent) the decision was taken in August 2024 by the Cabinet Member for Education and Skills to proceed with the Locality Model implementation.

 

Part of adopting the Locality Model for SEN Inclusion (also known as Communities of schools) was to establish how the High Needs Block (HNB) of the Dedicated Schools Grant (DSG) would be allocated to mainstream schools in Kent to support the implementation of the new locality model, to meet the conditions set out in the safety valve agreement  with the Department for Education (DfE), and to ensure the effective allocation of resources to schools to further deliver improvements for children

 

Recent reviews of Special Schools (CYPE Cabinet Committee 21^st November, points 8.4 & 11.6.2 and 16^th May) and Specialist Resource Provision Review (CYPE Cabinet Committee 16^th May) also considered the suitability of the current funding systems for both education settings and shared principles for possible new funding models. These findings have been considered in developing these proposals.

 

 

Background

 

Kent County Council (KCC) is responsible for the distribution of SEN funding to schools & colleges to enable a pupil or student with high needs to participate in education or training (referred to as High Needs Funding (HNF), Element 3, or top-up funding). This funding is expected to be fully funded from the HNB of the DSG, provided by the DFE.

 

The method for allocating SEN funding to support pupils & students in either a mainstream schools, SRP or special schools has not been fundamentally reviewed for a significant number of years, with the last funding review of special schools and SRP taking place in 2010, and mainstream school funding review in 2018.

 

The combined spending on SEN top-up funding in mainstream schools and the total costs of places in SRPs and Special Schools equates to approximately 57% of the total High Needs Grant Income in 23-24. Therefore, it was important to review the current system for allocating funding to state-funded schools, and whether it still aligns to and supports the aims of the wider SEN transformation programme in Kent (including actions identified in both the Accelerated Action Plan and Safety Valve).

 

Options (other options considered but discounted)

 

Three other options were considered:

§  to maintain the current funding systems

§  to implement a Tariff funding system

§  to implement a Locality Model funding system

 

Option one was discounted as unsustainable for Kent. Existing systems for allocating the funding from the HNB of the DSG are not currently performing well in Kent. There are currently three different systems for allocating SEN funding to support children attending either special schools, SRPs or mainstream schools which has led to a lack of transparency and equity as to how funding is allocated to settings for children with comparable requirements for support or specific provisions. This is also being reflected in the increase in exceptional claims for individual children in SRP and special schools, where their average funding rates are no longer sufficient. The current system is also heavily dependent on the use of the identified “primary need” of a child to determine the funding rate which is being impacted by waiting times for diagnosis and does not reflect the level of support required. During the time these systems have been in operation, the level of overspend on high needs has continued to increase, with higher numbers of ECHPs being requested and demand for more specialist provision continuing to increase, whilst previous OFSTEDs have identified SEN outcomes were not being achieved.  This further indicates how our current methods for distributing SEN funding to schools is not sufficiently aligned to meet the required levels of support.

 

Option two was discounted as a viable ‘one single’ model for Kent due to tariff systems[1] tending to be used in conjunction with individual funding allocations for children (those with EHCPs) rather than for wider operations and funding of SEN Support in mainstream. The inflexibility this system would bring were considered too restrictive for SEN Support services in the county and would be a risk to the improvements already achieved in schools so was considered to be unsupportive of innovative use of resources (for mainstream) if used on its own. Merits were noted however in the stability a tariff model could offer smaller cohorts of pupils with higher levels of need.

 

Option three was discounted as a viable ‘one single’ model for Kent because the flexibility was considered too much for the whole system at the current time; the county needs higher levels of financial oversight and accountability due to the sustained levels of overspend in the HNB. Merits were noted however in the innovative and adaptive way it could serve mainstream schools for pupils with wider support needs.

 

Proposals were then developed combining elements from options two and three into a single funding system for Kent. The system will utilise the structures of Communities of schools to deliver a flexible Community budget that can be used to fund SEN support services (including specific funding allocations for the support of individual children and other specific SEN services) alongside the use of a tariff funding structure to support the allocation of specific  funding to schools for pupil’s with more complex needs that looks at the adaptation of provision that might be needed.

 

How the proposed decision supports Securing Kent’s Future andFraming Kent's Future - Our Council Strategy 2022-2026

 

Undertaking this work will support Framing Kent’s Future through:

 

Priority 1: Levelling Up Kent and our commitment to maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families, specifically:

-      Maintain improvement support services for all Kent schools, including maintained schools and academies, to maintain Kent’s high-quality education system.

 

Priority 4: New Models of Care and Support and our commitment to support the most vulnerable children and families in our county, specifically:

-      Respond to national policy changes on SEND provision, work with SEND families to rapidly improve the service provided to SEND children and work with mainstream schools so more can accept and meet the needs of children with SEND, increasing choice and proximity of school places.

 

Undertaking this work will support Securing Kent’s Future by:

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

 

-      Objective 3 looking at policy choices and the scope of the Council’s ambitions maintaining discretionary services that add value and support outcomes the council is seeking to achieve, where we must be more rigorous in assessing the value of those services, and where necessary re-scope the council’s ambition and interventions to something that is proportionate and affordable.

 

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

 

Financial Implications

 

Total spending on mainstream top-up and SRP & Special Schools Places is forecast to be approximately £225m in 2024-25. Top-up funding for mainstream schools is forecast to be approximately £50m and includes funding for SEN support services for individual children (equating to approximately 40% or £20m) along with funding for children and young people with an Education, Health, and Care Plan (EHCP). Total funding for SRPs & Special Schools places is approximately £175m of which £80m (46%) relates specifically to Element 3 top-up funding, whilst the remainder relates to core placement funding (not the subject of this proposal). This is funded from the HNB of the DSG which is a specific ring-fenced education grant from the DfE.

 

KCC is one of a number of Local Authorities which have a DfE Safety Valve Agreement to support with the highest overspends on SEN services to achieve a financially sustainable longer-term position. Kent’s annual overspend on the High Needs Block had progressively grown to over £50m by 2022-23, resulting in an accumulated deficit of nearly £150m. The agreement meant the DfE would make additional contributions of £140 million, alongside an £82 million contribution from KCC itself, to pay off the estimated accumulated deficit and help to balance the high needs budget by 2027-28. In return for this, KCC must implement actions intended to resolve the in-year overspend and achieve future financial sustainability. The Safety Valve agreement has avoided the need for KCC to otherwise impose up to £222 million of spending reductions on SEN services over the equivalent period. The Kent Safety Valve agreement states:

 

“The authority agrees to implement the DSG management plan that it has set out. This includes action to:

3.1. Implement a countywide approach to ‘Inclusion Education’, to further build capacity in mainstream schools to support children and young people with SEND, thus increasing the proportion of children successfully supported in mainstream education and reducing dependence on specialist provision

3.7. Ensure there is sufficient and consistent capacity across the county to support children with severe and complex needs in their local area where possible

3.8. Develop a school/area-led approach to commissioning of SEN support services (Locality Based Resources), to better respond to the needs of children and young people with SEND”

(page 2 and 3 DfE DSG ‘Safety Valve’ Agreement: Kent)

 

Kent must implement a sustainable approach to HNF to meet the DfE Safety Valve agreement and to ensure financial sustainability in this area moving forwards; the proposed SEN funding model in conjunction with the wider locality model is expected to build the robust governance and monitoring processes required to implement the necessary new approaches outlined in the agreement through the use of one overarching funding model  across mainstream, SRP and special schools.

 

Legal Implications  

 

Local Authorities must follow government guidance on distribution of their HNF Block and work under the SEND Code of Practice 2015, these guidance documents were used in the development of the funding model proposed. Links are provided below in the ‘Supporting Documents’ section.

 

Under the Children and Families Act 2014 KCC has a duty to ‘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’.

 

Advice will be sought from Legal Services as required during the implementation phase of the decision.

            

 

Proposed decision

 

To move the statutory functions delivered by the 18-25 section of the Strengthening Independence Service from the Children Young People and Education directorate to the Adult Social Care and Health directorate. This includes a transfer of workforce in services.    

 

Reason for the decision

 

Transitions involve facilitating young people’s move from children’s services to adult services and typically occur between ages 18 and 25. The Strengthening Independence Service (SIS) sits within the Children, Young People and Education Directorate and oversees transitions between 0-25 for those with learning and physical disabilities.

 

The Director of Adult Social Services (DASS) at Kent County Council (KCC) is accountable for assessing local needs and delivering a full range of adult social services. These services support individuals under the provisions of Local Authority Social Services Act 1970 and the law defines an adult as someone aged 18 or over.

 

The Director of Children's Services (DCS) at KCC has statutory duties outlined in Section 18 of the Children Act 2004. These duties involve ensuring the delivery of local authority social care functions for children and young people. This includes, but is not limited to, providing services that meet the needs of all children, youth, including the most vulnerable, and their families.?

 

Under the current arrangements the Corporate Director Children, Young People, and Education (DCS) is overseeing a group falling outside their statutory role.?

??

To address this, the proposal is to transfer  the statutory functions delivered by the 18-25 section of the Strengthening Independence Service from  the Children, Young People and Education (CYPE) Directorate, to the Adult Social Care and Health (ASCH) Directorate meaning young adults will receive support from adult social care to better support them for independence. ?

 

Background – Provide brief additional context

 

The transitions process centres around the young adult and often includes multiple services such as social care, health and education.There are at present three pathways for transition in KCC:?

·         Strengthening Independence Service oversees Transitions between 0-25 for those with learning and physical disabilities ?

o   Multi-Agency Collaboration?

o   Includes a Sensory and Young People’s Team?

·         ASCH Adults Operations manage Post-18 transitions?

·         Young adults within the Care Leaving Service (CLS) (18+ services)??

 

The Strengthening Independence Service (SIS) currently oversees Transitions between 0-25 for those with learning and physical disabilities. However, this means the DCS has responsibility for a cohort of people beyond their legal scope.

 

It is proposed to transfer the statutory functions delivered by the 18-25 section of the SIS from the Children Young People and Education Directorate to the Adult Social Care and Health Directorate from 1 April 2025. 

 

The changes will also align with the Making A Difference Everyday Adult Social Care vision in Kent which sets KCC’s direction of travel to support people to live as full and safe a life as possible and make informed choices. This reflects the core purpose of supporting people to lead the lives they want to live, and in a place they call home, by putting people at the heart of everything we do.

 

In addition, this change ensures alignment with the DASS' statutory obligations, providing greater oversight and promotes a more holistic approach to young adult well-being as they transition from children’s to adult social care better preparing them for adulthood.

 

The proposals will result in greater consistency in adult experiences across KCC against all aspects of intervention. The transfer of service will ensure the DASS has greater oversight of all adult experiences supporting enhanced equality, inclusion, equity and application of social value. Furthermore, the transfer of service will align our practices with the updated Care Quality Commission (CQC) regulations which place a significant emphasis on the quality statement concerning safe systems, pathways and transitions. The function of safety and continuity of care is now a priority throughout people’s care journey and it is essential practices are aligned with the updated regulations to ensure the highest quality of care is provided to those we serve.

 

Staff moving between directorates are engaged and, although this won’t materially change the service, external partners will be engaged to make them aware. People who draw on care and support will be engaged and/or consulted with, should there be any proposals to make changes to the service in the future. 

 

The change of directorate will resolve DCS responsibility beyond their legal scope. This aligns with various legal and policy frameworks, including:?

 

• The Care Act 2014 and related adult social care legislation?
• ADASS roadmap?
• Mental Capacity Act 2005: DoLS Safeguards
• Think Local Act Personal strategic priorities?
• House of Lords report "A Gloriously Ordinary Life“?
• Kent County Council's strategic priorities "Securing Kent's Future" and “Framing Kent’s Future”
• Adult Social Care's co-produced strategy "Making a Difference Every Day"

 

There are a number of issues these proposals will address including:

 

·         Shifting Responsibility: When a child in Kent becomes an adult, the relationship with the council changes significantly. Parents previously made decisions, but at 16, young people gain legal rights and can make their own choices about social care and their future.?

 

·         Transition Gap: For many young adults in Kent, transition into adult social care  currently occurs at the age of 26 (it should be noted not all 18-25 years will come through SIS). There are exceptional cases of delay which will be avoided should the complete cohort of 18-25 sit within ASCH. The proposal to transfer the 18-25 service from SIS will contribute towards greater consistency in adult experiences of services aligned to ASCH’s co-produced strategy “Making a difference every day”.  ?

 

·         Improved Oversight: The DASS will have oversight and assurance on the impact of social care on people’s lives through the lens of equity of access, experience and outcomes for people who draw on care and support and unpaid carers, and alignment to key legal and policy drivers. ?

 

Implementation plans are developed to transfer the personnel and systems across the directorates and will ensure the transfer seamlessly integrates with the strategic objectives of the council and both CYPE and ASCH. Young adults who draw on care and support will not see or feel a difference and service continuity will be maintained with plans developed to minimize disruption to service delivery.

 

Concurrently with this proposed change, KCC is developing a vision for the transition system including:

 

• We are committed to delivering a seamless transition for all young people, regardless of their location or need.
• Our shared transitions framework will support us to work together with parents, carers and young people across teams and directorates. It will also foster collaborative work  with external partners including Health, Education, Voluntary Sector Community Organisations, Housing providers, District and Borough councils.
• We will create a culture of accountability, integrity, and purpose in KCC, and encourage professionals to strive for continuous improvement.
• We will work with young people to understand their ambitions for the future, and shape their transition to support their aspirations. Planning conversations will begin at 14 years old for all young people.
• We will give parents and carers information, advice and support to understand what transition may mean for the future, in time to adapt to these changes.
• We will support young people, parents and carers to connect with their communities, to ensure they are linked with the support and services it delivers
• We will support staff to work in a cohesive approach, enabling them through technology and systems to work efficiently and with compassion.

 

Options (other options considered but discarded)

 

• This does not need to be a detailed options assessment but should confirm that alternative approaches were considered.

 

There is the option to maintain the service within CYPE; however, this will continue to mean the DCS oversees a group falling outside their statutory role and the DASS will not have streamlined oversight of a cohort of people who will draw on KCC’s care and support.

 

Alternatively, the possibility of a matrix management approach was considered which would enable CYPE to retain the 18-25 SIS service and introduce additional reporting lines into ASCH. This option was not taken forward as it would require additional roles to be created to make a matrix-management approach feasible, which would not add financial value or create efficiencies to the same or greater extent than the proposal to transfer the 18-25 SIS service from CYPE to ASCH.

 

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

 

The proposed decision supports priority 4 within Framing Kent's Future - Our Council Strategy 2022-2026, with the commitment to ‘support the most vulnerable children and families in our county, ensuring social work practice supports manageable caseloads, reflective learning, joined up safeguarding and effective corporate parenting arrangements’, and explicitly to: “Act as a good Corporate Parent for those children in the care of KCC and improve support for young people as they transition into adulthood, whilst also improving support for those who transition into the adult social care system.”

 

One of the ways in which these commitments will be achieved is focussed on improving the support for young people as they transition to adulthood and the support received following transition into the adult social care system.

 

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

 

Transitions is part of Securing Kents Future - Budget Recovery Strategy and this proposal supports the objectives for:

 

Preparing for adulthood/transition: Working across both ASCH and CYPE to optimise support for people between the ages of 14-25 as they transition from children to adult services, promoting independence in adult life. Working age people with learning disabilities are now living longer through better long-term management of medical needs, but this increases the need to promote independence earlier so long-term needs can continue to be met at reasonable cost to the council. Joint working with NHS partners will be critical given costs of support are incurred by both the NHS and social care.

 

This revised focus ensures alignment with the DASS's statutory obligations and promotes a more holistic approach to young adult well-being as they transition from children’s to adult’s social services.

 

Financial Implications

 

The budget for the statutory functions delivered by the 18-25 section of the Strengthening Independence Service will transfer from the CYPE Directorate to the ASCH Directorate. The budget to be transferred will include the 25-26 budget for 18-25 services, agreed as part of the Budget at County Council in February 2025, including budgets for both placement/support costs and related staffing budgets. The indicative total budget to be transferred, at the time of writing this report, will be approximately £59m, comprising £56m for package costs and £3m for staffing (based on indicative budgets for 25-26). 

 

Legal Implications  

 

The Director of Adult Social Services (DASS) at Kent County Council (KCC) is accountable for assessing local needs and delivering a full range of adult social services. These services support individuals under the provisions of Local Authority Social Services Act 1970 and the law defines an adult as someone aged 18 or over.

 

The Director of Children's Services (DCS) at KCC has statutory duties outlined in Section 18 of the Children Act 2004. These duties involve ensuring the delivery of local authority social care functions for children and young people. This includes, but is not limited to, providing services that meet the needs of all children, youth, including the most vulnerable, and their families.?

 

Under the current arrangements the Corporate Director Children, Young People, and Education (DCS) is overseeing a group falling outside their statutory role.?

 

If these changes are not implemented, the Corporate Director for Children, Young People, and Education (DCS) will continue to oversee a group falling outside their statutory role, and the DASS will continue to face a gap in oversight regarding the assessed needs and well-being of young adults aged 18-25 falling under their remit.

 

Proposed Decision:

 

To approve the distribution method of the Teachers Pensions Employer Contribution Grant & Core Schools Budget Grant for 2024-25 to Special Schools and Alternative Provision Education Establishments.

 

To approve the distribution method for the Early Years Budget Grant to Early Years Providers providing the Free Entitlement Offer for 2024-25.

 

Delegate authority to the Director of Education to implement the decisions and make any necessary changes once final grant amounts are known.

 

Reason for the decision:

• The Government has provided extra funding to schools and early years providers in response to increases in the Employers Contribution towards Teachers Pensions and Teachers Pay Awards (& other staff) during 2024-25. This decision will confirm how this additional funding will be distributed to schools and early years providers, where there is a local decision, in line with Government guidelines. 
• The approach to be taken will be confirmed at the point the decision is taken.

 

Background:

• The Department of Education (DfE) has confirmed the Council will receive three separate grants in 2024-25 (with final grant allocations confirmed in March 2025), to support the increase in costs in schools and early years providers resulting from:

1.    Estimated increase in Teachers Pension Employer Contribution (TPEC) by 5 percentage points, to 28.6% from 1^st April 2024 to ensure that the scheme continues to meet present and future obligations (estimated total £30.5m for schools in Kent of which £17.1m will be paid directly by DfE to academies)

2.    Estimated increases in schools resulting from the September 2024 teachers pay award announcements and support staff pay increases from 1^st April 2024 (the Core Schools Budget Grant is estimated total £31.2m for schools in Kent of which £17.5m will be paid directly by DfE to academies).

3.    Estimated increases for early years providers of the free entitlement offer in resulting from teachers’ pay award from September 2024 (the Early Years Budget Grant, estimated total £0.3m for early years providers in Kent)

 

·      The Local Authority is responsible for the passporting of these grants to individual maintained primary and secondary state-funded schools and this has been prescribed by the Department of Education as part of the terms and condition of the grant (and therefore is not part of this key decision). Mainstream Academies and Free Schools will receive their grant allocations directly from the DfE.

 

·      The Council must decide how the funding for Alternative Provision (AP) (including pupil referral units, AP academies & free schools, and hospital school), and state-funded special schools should be allocated (estimated total TPEC £4m & CSBG £4.2m). Interim payments have been made to schools, to support cash-flow, in lieu of this decision and final grant allocations being confirmed).

 

·      Additional funding received for independent schools and centrally employed teachers will be used to support 24-25 price uplift requests and pay increases (respectively) in accordance with the grant conditions.

 

·      The Council must decide how the funding for early year providers should be allocated (estimated total EYBG £0.3m).

 

Options (other options considered but discarded):

• The option to return this grant to the DfE was disregarded at an earlier stage. The grants have been allocated directly to the Local Authority by the DfE for distribution to schools to support unavoidable increases in spend relating to pay.

 

 

Framing Kent’s Future and Securing Kent’s Future:

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

 

·      Whilst the decision relates to the distribution of ring-fenced grant, this decision is linked to achieving the overall objectives of ‘Securing Kent’s Future – Budget Recovery Strategy’ whereby proposals are linked to ensuring financial sustainability of special schools and alternative provision (of which the majority are LA maintained schools, whereby KCC retains responsibility), and additional funding to support price uplift requests which will avoid further financial pressure on the High Needs Block of the Dedicated Schools Grant and support the financial recovery. 

 

 

Proposed Decision:

 

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

 

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

 

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

 

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

 

Reason for the decision:

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

 

Background:

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

 

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

 

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

 

Options (other options considered but discarded):

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

 

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

 

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

 

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

 

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

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

 

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

 

Proposed decision:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Other Options Considered and Discarded

 

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

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

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

 

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

 

Proposed decision

 

That the Cabinet Member for Integrated Children’s Services:

 

APPROVE the proposal to invest in developing and offering Kent County Council’s own Ofsted registered children’s residential homes to stabilise and support children to step down their needs and avoid unregistered placements.

 

Reason for the decision

 

Increasing residential placements costs within children’s services was identified as a critical area within ‘Securing Kent’s Future’ (2023). As part of our long-term financial sustainability planning for Children’s High-Cost Placements, investment in Kent County Council’s own in-house provision is considered as part of a range of options to deliver best value and better outcomes for children.

 

The proposed decision is an invest to save proposal by KCC to develop and offer its own Ofsted registered children’s residential homes to address high-cost placements, for children whose needs require support in such provision.

 

Investing in our own in-house provision will achieve better outcomes for children through positive behaviour approaches, deliver revenue savings over the Medium-Term Financial Plan period and enhance financial sustainability of service delivery, as part of our longer-term strategy for mixed provision (both in-house and commissioned).

 

Background – Provide brief additional context

 

KCC’s current policy is to commission placements from private providers, in spot purchasing arrangements given the immediate and complex needs of children. This means our costs are determined by market forces and pricing decisions by providers, which whilst influenced through our commissioning approach, limits our financial control. Having an element of in-house provision would enable the Council to control costs more directly (e.g. property and staffing costs).

 

Children with complex needs require different types of care and support placements, which can lead to significant costs. These types of placements can often involve intensive ratios of staff support to keep the child safe and can involve specialist residential settings (in or out of county), with limited options available in the market. KCC is actively working to reduce the use of unregistered accommodation (i.e. accommodation which is not registered with Ofsted). Unregistered accommodation is used only exceptionally in an emergency when there is no other alternative in circumstances of imperative necessity and where the placement is essential to avoid a breach of the child’s Convention rights.

 

Nationally, other local authorities have made the decision to invest in their own in-house provision, as well as commissioned provision, as part of a longer-term sustainable strategy for managing placement costs and rising demand for placements of children with complex needs. Many local authorities are already operating, or in the advanced stages of delivering a range of types of accommodation, including in-house residential homes.

 

The proposal is to develop a short/medium term service (emergency provision) to support stabilisation of the child’s complex behaviours and step down their needs whilst suitable longer-term provision in more ‘home like’ settings is secured to achieve better long-term outcomes. This aims to avoid the number of children being placed in expensive commissioned placements, and/or unregistered placements.

 

This aims to:

·        Enhance outcomes and service quality for children

·        Transition children to better matched and best value registered placements

·        Enhance our social work offer for children, young people and families

·        Mitigate risk to KCC and our children by reducing the likelihood of unregistered      placements, poor continuity of care or inappropriate settings

·        Use KCC’s commissioning arrangements to further negotiate improved costs across the market

·        Using strengths-based models, increase likelihood of future cost avoidance by increasing independence and stability, better outcomes and emotional toolkits for children accessing the service.

·        Ensure KCC is acting lawfully in only placing children in registered children’s homes under section 22C(6)(c) of the Children Act 1989

 

 

Options (other options considered but discarded)

 

A wide range of options were considered in an options appraisal, 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 proposed recommended option is to develop an in-house service, operating from C2 residential homes owned and operated directly by Kent County Council. The service would use positive behavioural approaches and therapeutic community support to stabilise and step down the needs of children and young people. The homes would be Ofsted registered and staffed by KCC staff. The placements would be targeted at children and young people in high costing placements, including those placed in unregistered provisions. Whilst KCC would continue to progress with developing its own provision, joint working with Health and Medway Council would be pursued alongside this option.

 

 

Other options which were explored but discounted in the options appraisal included:

 

·        Do nothing and continue to utilise existing external providers and commissioning arrangements to lower placement costs including spot purchase from private providers.

 

·        Jointly invest with Health and Medway Council in KCC’s own residential property assets for short/medium term use with the intention to set up further provisions for long term care, developing support from therapeutic communities.

 

·        Use a phased approach with the initial focus on setting up targeted intervention (for example, therapeutic support for a set amount of time to reduce need and cost) for children who are high cost or who are likely to become high cost (including unregistered) and commissioning solutions such as developing a framework of providers, block contract with private providers or commissioning a private provider.

 

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

 

The proposal aligns to the key priorities set within Framing Kent’s Future through Priority 1, Levelling up Kent and Priority 4, New Models of Care and Support.

 

Priority 1, Levelling up Kent - 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.

 

Priority 4, New Models of Care and Support - In-house provision could 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.

 

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

 

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 in Securing Kent’s Future. ?

 

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

 

The recommended option presents best value and is affordable and financially viable. The £3.8m capital investment was agreed in principle through KCC’s Capital Funding governance arrangements but is subject to final approval of the budget at County Council in February 2025. Accounting for a range of revenue costs (including property, staffing and supported borrowing costs), the financial case shows that in-house provision is substantially more cost effective than private provision (£9.98m compared to £15.19m), with an overall net revenue saving of -£5.21m in the next 5 years, delivering savings over the Medium-Term Financial Plan.

 

This revenue saving relates to KCC’s agreed 2024-2027 budget (approved by County Council in February 2024) which set out policy savings for Children’s Residential Care (development of in-house residential units to provide an alternative to independent sector residential care placements – invest to save).

 

At this stage KCC has not identified specific properties which may be acquired. This is due to the limited C2 use class market and time sensitive nature of decision taking around property acquisitions. The decision therefore delegates authority to the Director of Infrastructure to identify and acquire property(s) to meet the service needs subject to this being within the capital envelope of £3.8m to facilitate the provision of four units and two beds each.

 

As required in the Council’s new Asset Management Strategy full lifecycle costings will be factored into the financial appraisal. This will ensure the acquisition of properties does not lead to additional pressures on the Council’s limited maintenance budgets and to ensure the long-term financial sustainability of the service.

 

Should the proposal proceed into implementation this necessitates the requirement for the provision to be Ofsted registered. The registration process decision is made by Ofsted and the time this process takes is outside of KCC’s direct control. In other local authorities this has taken up to a year. There is a financial risk a delay in registration approval delays the operational start date and could impact the financial year when revenue savings could be achieved. The revenue costs take into account contingency that staff employed could be redeployed flexibly on other work whilst we await registration and also assume contingency for occupancy.

 

Legal Implications  

 

This proposal will continue to support children and young people within KCC’s statutory framework and Ofsted registered provision.

 

The key legal considerations associated with the development of registered children’s homes by KCC are as follows:

 

• KCC has the power to develop and establish registered children’s homes under section 53 of the Children Act 1989 and/or further to the general power of competence set out in section 1 of the Localism Act 2011.
• The ways in which looked after children are to be accommodated are set out in section 22C of the 1989 Act. Generally, local authorities must not place a child in an unregistered children’s home. The only caveat to this is that unregistered accommodation may be used exceptionally in an emergency when there is no other alternative in circumstances of imperative necessity and where the placement is essential to avoid a breach of the child’s Convention rights.
• Further to the Supported Accommodation (England) Regulations 2023, as of 28 October 2023, local authorities can accommodate a child aged 16 or 17 in supported accommodation only in circumstances where the owner/provider applied for Ofsted registration prior to that date. Given that any such application should now have been processed, the practical effect of this is that local authorities must not place children in or arrange supported accommodation if it is not registered with Ofsted.
• In accordance with the Care Standards Act 2000 and the Care Standards Act 2000 (Registration) (England) Regulations 2010, KCC will therefore need to seek registration of its children’s homes and the manager(s) of the homes from Ofsted. The children’s homes and the manager(s) will then be subject to Ofsted’s regulatory regime.
• It is anticipated that the effect of the proposal will be that there will be a reduction in the number of placements in unregistered accommodation.

 

Proposed decision:

 

The Cabinet Member for Education and Skills to:

 

1.    Authorise the allocation of an additional £2,063,000, thus creating a revised project budget of £16,963,000 from the Basic Need capital budget for the expansion of Rosherville Church of England Academy, London Road, Northfleet, Gravesend, Kent, DA11 9JQ, increasing the Published Admission Number (PAN) from 20 places per year group to 60 places per year group, facilitated by a relocation onto a new site on Crete Hall Road, Northfleet, DA11 9AA.

 

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

 

3.    Agree for the Director of Infrastructure to be the nominated Authority Representative within the relevant agreements, with authority to enter variations as envisaged under the contracts.

 

Reason for the decision

 

On 6 March 2004, through Decision number 24/00019, the Cabinet Member for Education and Skills agreed the funding for the proposal based on robust cost estimates provided at that time. 

 

This proposal has experienced several significant challenges due to the transfer of the land for the school site.  Additional costs have now been notified to the Assistant Director North Kent, Ian Watts, that require a decision to be made

 

 

Background

Gravesham Borough’s population is increasing with more families moving into the area and as a result, Kent County Council needs to add additional primary school places to manage the increase in demand. One strategy for providing additional school places is to expand existing successful and popular schools.

 

The proposal addresses two issues.  That of increasing the primary provision in the Northfleet area and providing Rosherville Church of England Academy with a new site and modern buildings, within the Cable Wharf development, but less than 200 metres from the existing school site.  This issue has been mentioned in previous Kent Commissioning Plans for a number of years.

 

Rosherville Church of England Academy is a small 20 PAN primary school, sited on a challenging site on top of a quarry cliff.  The site is unsuitable for several reasons.  It is restricted by topography on the south and east boundaries, and by the B2175 (London Road) to the north. 

 

A Section 106 land transfer agreement with Keepmoat Homes Ltd (the developer), entered on 20th March 2019, was completed on 21st October 2024 following protracted and complex negotiations with the developer. 

 

The Funding for this project was granted under Record of Decision 24-00019. Costs were calculated prior to tender submission as a result of the urgency with which the contract was being entered. Department of Education Output Specification has resulted in a measure of cost uplift, and other cost pressures have been identified.

 

The Predicted Overspend, including KCC contingency, is assessed as being £2,062,923.

 

 

Securing Kent’s Future

 

The 'Securing Kent's Future' strategy outlines the measures that KCC intend to take to ensure that Kent remains financially stable, now and long into the future.  It describes the statutory priorities, one of which being the statutory duty to ensure sufficient school places are available to any child or young person who requires one.  This duty applies to Special Educational Needs (SEN) provision, as well as mainstream settings.

 

This proposal is necessary for KCC to continue to deliver the statutory duty, in a cost-effective way, in line with the guidelines described in the Securing Kent's Future strategy. It will help to maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.

 

The County Council’s Commissioning Plan for Education Provision in Kent 2024-28 is a five-year rolling plan which is updated annually.  It sets out KCC’s future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent. A copy of the latest plan can be viewed from this link: https://www.kent.gov.uk/education-and-children/schools/education-provision/education-provision-plan

 

Financial Implications

 

Capital

 

Funding for this project was granted under Record of Decision 24-00019. Costs were calculated prior to tender submission as a result of the urgency with which the contract was being entered. Department of Education Output Specification has resulted in a measure of cost uplift, and other cost pressures have been identified.

 

·           Record of Decision 24-00019 £14,900,000

·           Forecast project cost @ 29/10/2024 £16,962,923

·           Predicted Overspend, including KCC contingency £2,062,923

 

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

 

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

 

Revenue

£6,000 per newly provided learning space, would be provided towards the cost of furniture and equipment.  This would be provided to the school to purchase required equipment.  The school would receive funding for the additional pupils that it admits in line with the funding allocated to schools through KCC’s Schools Funding Formula.

 

Human

The school will appoint additional staff as required; utilising revenue funding allocated through the Schools Funding Formula for these additional pupils.

 

Proposed decision:

 

Cabinet is asked to:

 

(a)  Note the forecast revenue overspend (excluding Schools)

(b)  Note the forecast overspend on Schools’ Delegated Budgets

(c)         Note the forecast capital underspend

(d)         Note the progress on the delivery of savings

(e)         Agree the capital budget changes

(f)           Note the Reserves, Treasury Management and Prudential Indicators monitoring

 

 

Reason for the decision

 

Quarterly reports are presented which identify any management action required and recommendations for Cabinet decision.  To provide Cabinet with more timely information, November’s monitoring is being presented to Cabinet in January 2025 rather than Q3 (December) in March 2025. 

 

 

Background – Provide brief additional context

 

The report on the Council’s latest financial position will be reported to Cabinet on 30/01/25, which will show a forecast overspend excluding Schools’ Delegated Budgets.  The forecast overspend presents a serious and significant risk to the Council’s financial sustainability if it is not addressed as a matter of urgency particularly as the approved budget for 2024-25 did not include any contingency provision meaning any residue overspend can only be offset from reserves.  The report identifies the latest progress on savings compared to the original plan, any undeliverable savings are already reflected in the forecast.

 

 

Options (other options considered but discarded)

 

-      The Council has already continued the spending controls introduced in 2023-24 into 2024-25 aimed at curtailing non committed spend, any further extension of spending controls is likely to impact on the Council’s ability to fulfil its statutory responsibilities.

-      All options to reduce spend both one off and recurring are being considered to bring the 2024-25 budget back into balance.

 

 

 

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

 

Framing Kent’s Future (FKF), the KCC Strategic Statement, was approved at County Council in May 2022 and sets out the council’s ambition and strategic priorities until 2026. FKF acknowledged the significant financial and demand pressures the council would be facing over the coming four years, whilst concurrently delivering an ambitious agenda for Kent residents, businesses, and local communities. The Securing Kent's Future plans and this related Finance Monitoring report  2024-25 reflects the need to confirm a re-prioritisation of Council business within the framework of Framing Kent's Future - further details are set out within the “Securing Kent's Future” Cabinet report.

 

 

How the proposed decision supports Securing Kent’s Future

 

Securing Kent’s Future (SKF) acknowledges that given the significance of adults and children’s social care within the council’s budget, and that spending growth pressures on the council’s budget overwhelming (but not exclusively) come from social care, that the priority of delivering New Models of Care and Support must take precedence over the other priorities in Framing Kent’s Future.  This creates an expectation that council services across all directorates must collectively prioritise delivering the new models of care and support objective as a collective enterprise.

The Finance Monitoring report for November 2024-25 provides the detail of the latest financial position and the relevant information on the progress being made in terms of the savings and management actions to reduce the budget gap for the following year and the MTFP.

 

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

 

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

 

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

 

 

Reason for the decision

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

 

Background

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

 

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

 

Other options considered

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

·        reuse by another service.

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

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

 

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

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

 

How the proposed decision supports the Securing Kent's Future

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

Proposed decision:

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

 

 

Reason for Decision and Background

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

 

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

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

 

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

 

Options

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

 

Proposed decision:

 

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

 

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

 

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

 

Reason for the Decision:

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

 

Background:

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

 

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

 

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

 

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

 

Options Considered :

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

 

 

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

 

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

 

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

 

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

 

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

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

Proposed decision

 

Approval of School Access Initiative (SAI) Policy and Procedure

 

Background

 

The County Council provides capital funding, the Schools Access Initiative (SAI), to improve access for disabled pupils to the maintained mainstream schools for which it has capital responsibility (community, foundation and voluntary controlled schools). It supports the implementation of the Education Accessibility Strategy.

 

The SAI Policy and Procedure outlines the process for allocating the funding.

 

What is planned

The SAI Policy and Procedure has been drafted. This will be consulted on prior to presentation to the Children’s, Young People and Education Cabinet Committee for approval in November 2024.

 

How the proposal will support Framing Kent’s Future 2022-26:

 

The proposal will support:

 

Priority 1: Levelling Up

 

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

 

Priority 4: New Models of Care and Support

 

• Respond to national policy changes on SEND provision, work with SEND families to rapidly improve the service provided to SEND children and work with mainstream schools so more can accept and meet the needs of children with SEND, increasing choice and proximity of school places.

 

How the proposal will support Securing Kent’s Future 2022-26:

 

The proposal will support:

 

Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP.

 

• Having a clear SAI policy and procedure will ensure that capital funding is monitored, managed and used strategically to improve accessibility.
• It will help ensure accessible school provision is available in each of the 12 districts/boroughs. This will reduce the need for pupils to travel distances to access school places thus reducing the impact on the Home to School transport budget.

 

 

Proposed decision

 

Approval of the Education Accessibility Strategy 2024-27

 

Background

 

Schedule 10 of the Equality Act 2010 (the “Act”) places a duty on the local authority to prepare a written accessibility strategy relating to the schools it is responsible for. It also places a duty on responsible bodies of schools (i.e. governing bodies and trusts) to prepare a written accessibility plan.

 

In general, accessibility is about making sure a person is not excluded from something because of their disability. It is about removing barriers so that someone with a disability can do what they need to, in a similar amount of time and effort as someone who does not have a disability.

 

This strategy must set out how the local authority and its maintained schools currently ensure education is accessible for pupils with SEND, and what steps will be taken to further improve accessibility in the three areas:

 

1.         increasing the extent to which disabled pupils can participate in the schools’ curriculums;

2.         improving the physical environment of the schools so that disabled pupils are able to take increased advantage of educational benefits, facilities or services provided or offered by the schools;

3.         improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled.

 

Removing barriers empowers people with disabilities and helps them to be as independent as possible.

 

The Education Accessibility Strategy 2024-27 has been drafted.  This will be consulted on prior to presentation to the Children’s, Young People and Education Cabinet Committee.

 

How the proposal will support Framing Kent’s Future 2022-26:

 

The proposal will support:

 

Priority 1: Levelling Up

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

 

Priority 4: New Models of Care and Support

 

• Respond to national policy changes in SEND provision, work with SEND families to rapidly improve the service provided to SEND children and work with mainstream schools so more can accept and meet the needs of children with SEND, increasing choice and proximity of school places.

 

How the proposal will support Securing Kent’s Future 2022-26:

 

The proposal will support:

 

Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP.

 

• By supporting schools to be as accessible as possible we will be seeking to ensure that there is accessible school provision in each of the 12 districts/boroughs. This will reduce the need for pupils to travel distances to access school places thus reducing the impact on the Home to School transport budget. In addition, by ensuring that we have up to date accessibility information we can strategically target capital funding, providing best value for money, support and budget sustainability.

 

Financial Implications

 

Capital:

Currently, £750,000 is allocated each financial year from the Annual Planned Enhancement Budget for School Access Initiative works. In 2024-25, the total budget for SAI works was £1.9m (including £1.2m roll forward from previous years). This budget has been fully committed to projects due to be completed in either 24-25 or 25-26.

Revenue:

Accessibility audits in KCC maintained schools have been completed between 22-23 and 24-25 at a total one-off revenue cost to the general fund of approximately £450,000 to inform the future strategy. These costs have been reported against the “other schools services” key service budget line. There are no specific roles within the LA dedicated to accessibility instead a range of staff currently advise schools on accessibility and curriculum access, many of whom are charged to the Special Educational Needs revenue budget, most of which are funded from the High Needs Block of the Dedicated Schools Grant. Staff in the infrastructure service also support when specific building works are identified/ scoped / planned or agreed.

There are no additional revenue costs expected with this proposal. Implementation of the policy will be administered through existing resources.

 

Proposed decision

 

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

 

 

Reason for the decision

 

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

 

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

 

The decision does not authorise the commitment of KCC resources.

 

Background – Provide brief additional context

 

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

 

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

 

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

 

 

Options (other options considered but discarded)

 

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

 

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

 

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

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

 

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

 

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

 

Proposed decision

 

 

That the Cabinet Member for Education and Skills agree to:

 

a)    Approve the Implementation of a standardised School Led Transport arrangement for schools, settings and other independent third party support agencies.

 

b)    Delegate authority to the Corporate Director for Children, Young People and Education,  to enter into relevant contracts or other legal agreements, including Service Level agreements (SLAs),and ensure sufficient administrative capacity, as necessary to implement this decision

 

Background

 

In line with the council’s Transport Policy for Children and Young People aged 4 to 16 and Post 16 Transport Policy Statement including Post 19, a proposed standardised approach for School Led Home to School Transport has been developed. This will facilitate direct provision of school transport to entitled pupils via their school, setting or other independent third party support agencies, at a reduced cost to the KCC arranged alternatives.

 

Reason

 

Historic non-standardised arrangements are currently in place with three schools who provide transport support for all entitled pupils that attend their setting. These schools report that these direct arrangements allow for a more responsive transport offer, which improves not only the child’s journey to and from school, but also their learning experience throughout the school day. From a Local Authority perspective, school led arrangements are more cost effective  than the market equivalent and ensure that limited capacity remains available for other pupils. It is therefore prudent for Kent to implement standardised arrangements and make this opportunity available for all qualifying Kent schools.

 

Options (other options considered but discarded)

 

Kent County Council is undertaking a full review of Home to School transport arrangements to identify potential opportunities to deliver it’s statutory duties in a more cost effective manner. Consideration was also given to the potential to secure savings following retendering exercises within the existing network. This option was discounted as a system wide retendering exercise was recently completed in 2022/23 academic year and recent higher levels of inflation significantly reduce the potential for this to reduce current spend.

 

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

 

This decision supports Framing Kent’s future priority 2 – Infrastructure for Communities, in particular making use of innovative transport opportunities to ease pressures on pre-existing transport networks.

 

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

 

This decision supports Securing Kent’s Future both in terms of supporting the objective to ensure the in-year budget remains in balance (objective 1) along with identifying and delivering saving opportunities to support the setting of a sustainable budget and MTFP (objective 2) through providing alternative commissioning arrangements for Home to School Transport. This will contribute towards the delivery of the £6.3m savings attributed to Home to School Transport in 24-25 where new arrangements are entered into during the new academic year. 

 

 

Financial Implications

 

The cost of home to school and college transport is funded by the Council Tax General Fund and totalled £67.9m in 2023-24 of which £2.4m was spent on existing school led transport agreements.

 

The intention of all school led transport arrangements is that they will only be organised where there is a financial benefit in addition to the opportunity to provide more flexible options for eligible pupils. Given the nature of operator provided transport, it is likely that most school led arrangements will meet this requirement. Additional staffing administration requirements are expected to be funded from securing new agreements. Based on proposals put forward by providers to date, it is estimated this will be achieved with the securing of one additional agreement, with additional agreements contributing towards the wider savings targets related to Home to School.

 

Legal Implications

 

Sections 508B and 508C of the Education Act 1996 explain how Council tax funded  school transport should operate across the UK for 4 to 16 year olds.

 

Under the Act, a parent is responsible for ensuring that their child attends school regularly. However, Section 444(3B) provides that a parent will have a defence in law against a prosecution by a Local Authority (Council) for their child’s non-attendance at school, where the Local Authority has a duty to make travel arrangements in relation to the Children and Young People (CYP) under Section 508B and has failed to discharge that duty. 

 

Local Authorities do not have a general obligation to provide Council tax payer funded  or subsidised post 16 travel support in the same way as for pupils aged 4 to 16, but do have a duty to prepare and publish an annual transport policy statement specifying the arrangements for the provision of transport, or other support that the authority considers it necessary to make to facilitate the attendance of all persons of sixth form age receiving education or training.

 

The requirements placed on a Local Authority are defined in the Education Act 1996 (as amended), Education and Skills Act 2008, Education and Inspections Act 2006, Apprenticeships, Skills, Children and Learning Act 2009 and the Equality Act 2010.

 

There are legal implications in relation to compliance with the Public Contract Regulations 2015 in relation to Economic Operators as well as compliance to our internal policy Spending the Council’s Money.

 

Proposed decision:

 

The Cabinet Member for Education and Skills is asked to:

 

1. APPROVE the expansion of Northfleet Technology College from a PAN of 165 to a PAN of 189.

 

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

 

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

 

4. AGREE for the Director of Infrastructure to be the nominated Authority Representative within the relevant agreements, with authority to enter variations as envisaged under the contracts.

 

 

Reason for the decision

 

This proposal to expand Northfleet Technology College has been developed because the Kent Commissioning Plan 2024/28 indicates that there will be a shortfall in year 7 places in the Gravesham and Longfield Non-Selective planning group.

 

Northfleet Technology College, a member of the Northfleet Schools Co-Operative Trust, is a boys secondary school.  Following an inspection that took place in October 2022, Ofsted deems Northfleet Technology College to be a ‘GOOD’ school, in all areas.

 

Following initial discussions, Northfleet Technology College agreed to offer 189 places on a temporary basis in 2023. This agreement has been repeated for September 2024. This proposal seeks to make the expansion permanent and so the senior management and governors of Northfleet Technology College have agreed to consult on this proposal to permanently expand the school and enlarge the secondary provision within the school by the addition of 25 places per school year.

           

If no further action is taken in the longer term, Kent County Council will find it extremely difficult to provide sufficient secondary school places in the Gravesham and Longfield Non-Selective planning group.

 

 

Background

 

Gravesham Borough’s population is increasing with more families moving into the area and as a result, Kent County Council needs to add additional secondary school places to manage the increase in demand. One strategy for providing additional school places is to expand existing successful and popular schools.

 

The Northfleet Technology College does not have sufficient accommodation to offer the requisite additional places, so as a temporary measure, four mobile teaching rooms will be placed on the site.  This will be a revenue expense.

 

KCC will design and construct a new standalone block to be ready for the September 2026 intake.  This will need to be funded from the CYPE Capital Budget.

 

 

Securing Kent’s Future

 

The 'Securing Kent's Future' strategy outlines the measures that KCC intend to take to ensure that Kent remains financially stable, now and long into the future.  It describes the statutory priorities, one of which being the statutory duty to ensure sufficient school places are available to any child or young person who requires one.  This duty applies to Special Educational Needs (SEN) provision, as well as mainstream settings.

 

This proposal is necessary for KCC to continue to deliver the statutory duty, in a cost-effective way, in line with the guidelines described in the Securing Kent's Future strategy. It will help to maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.

 

The County Council’s Commissioning Plan for Education Provision in Kent 2024-28 is a five-year rolling plan which is updated annually.  It sets out KCC’s future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent. A copy of the latest plan can be viewed from this link:

 

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

 

 

Financial Implications

 

Capital

 

Progression of the scheme will be dependent on the outcome of detailed feasibility and design work – these will inform the full overall cost of the project.

 

The cost of the new standalone block will be borne by the CYPE Capital Budget.  Currently the estimated cost for the whole scheme is £8.3m.  This sum has been included within the Basic Need Capital Programme that was recently agreed by Council. KCC Project Managers will be undertaking continuous checks to keep build costs as close as possible to this estimate.

 

Northfleet Technology College is a Public Finance Initiative (PFI) school. The PFI Special Purpose Vehicle (SPV) have been on board from the start of the project and a change notice is in place for the Deed of Variation (DoV). The works will result in part of the land being removed from the PFI red line. Forecast legal costs for the DoV will be included within the total project cost for the main capital works.

 

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

 

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

 

Revenue

 

The initial phase involves the installation of four mobile teaching rooms at a cost of £311,168.  This will be a Revenue expense, funded from the Mobiles and Temporary Accommodation Budget included within the Education Revenue Budget.

 

As the scheme progresses, £6,000 per newly created learning space, would be provided towards the cost of furniture and equipment, such as tables, desks, chairs, cabinets and learning resources.

 

The school would also receive funding for the additional pupils that it admits in line with the funding allocated to schools through KCC’s Schools Funding Formula.

 

Both the £6,000 per classroom, and the additional pupil funding will be met from the Growth Funding provision held within the dedicated school's grant.

 

 

Human

 

The school will appoint additional staff as required; utilising revenue funding allocated through the Schools Funding Formula for these additional pupils.

 

Proposed decision:

 

A) Retrospectively contract with the East Kent Hospitals Trust and the Kent Community Health Foundation Trust for 1 April 2023 to 31 March 2024 for the provision of SEN Therapies

 

B) Contract with the East Kent Hospitals Trust and the Kent Community Health Foundation Trust for 1 April 2024 to 31 August 2025 for the provision of SEN Therapies

 

C) Agree to the review of the Kent and Medway Communication and Assistive Technology service and to incorporate into the wider recommissioning of SEN Therapies

 

D) Agree for the exploration of joint commissioning with the NHS for the wider provision of SEN Therapies to include in the re-procurement of NHS Community Services

 

E) Delegate authority to the Corporate Director of Children, Young People and Education, in consultation with the Cabinet Member for Education and Skills and the Corporate Director of Finance, to take relevant actions, including but not limited to, entering into and finalising the terms of relevant contracts or other legal agreements, as necessary, to implement the decision

 

 

Reason for the decision

 

To continue with annual contracts, issued by NHS Providers, for the current Special Educational Needs (SEN) Therapy services. The future commissioning intentions are to align with the NHS Kent and Medway timeline to re-procure their Community Services, and specifically jointly commission an Integrated Therapy Contract for 1 September 2025.

 

The current annual contract values are £752,905 with East Kent Hospital University Foundation Trust (EKHUFT) and £1,526,586 with Kent Community Health Foundation Trust (KCHFT).

 

This requires agreeing a retrospective contract for the financial year 2023/2024 and a future contract for 17 months from1 April 2024 to 31 August 2025.

 

Decision is also sought to review and bring the Kent and Medway Communication and Assistive Technology service into the new jointly commissioned Integrated Therapy Contract, under the NHS Kent and Medway Community Services re-procurement. 

 

Background

 

The 2015 Special Educational Needs and Disability (SEND) Code of Practice, sets out that Speech and Language Therapy, Occupational Therapy, Physiotherapy and Assistive Technology should be jointly commissioned.

 

KCC is working towards a jointly commissioned Integrated Therapy Service, which will include the Kent and Medway Communication and Assistive Technology Service (KMCAT), to maximise the use of finite resources from local authorities, schools, colleges and the NHS improving outcomes for 0–25-year-olds with SEND and their parents/carers.

 

The joint aim is to establish a new jointly commissioned service by September 2025, to fall in line with NHS Kent and Medway’s broader recommissioning of a unified Community Service Offer.

 

Significant transformational activity is underway with the NHS providers who are working in partnership with KCC and NHS Kent and Meway to develop new ways of working.   Implementing a more proactive and preventative tiered approach to the provision of therapy support, that will maximise use of finite resources and ensure a more coherent county-wide offer.

 

Securing Kent’s Future – Budget Recovery Strategy

 

KCC has agreed with the Providers that there will be no increase to the contract price for 2023/2024, however, the Providers have stated that this position will not be sustainable for 2024/2025, and therefore negotiations continue. 

The contract values for 2024/2025 will be agreed alongside Finance colleagues and the Director for Education.

The longer-term joint commissioning project will meet the ambitions of Framing Kent’s Future as follows:

 

Priority 4: New models of care and support demand for our social care services has out stripped funding year on year. Our commitment is to seize the opportunity of integrating our planning, commissioning and decision making in adult, children’s and public health services through being a partner in the Kent and Medway Integrated Care System at place and system level.

 

It meets the aims of Securing Kent’s Future by holding Best Value at the centre of all joint commissioning opportunities.

 

Financial Implications

These contracts are for the provision of Therapy staff and are only a proportion of the overall Therapy services purchased by the Council. A high-level reconciliation has been undertaken to be able to justify the level of spend in commensurate with the level of service provided, given that vacancies have been held to compensate for the lack of inflationary uplift. 

KCC has been in negotiation with the Providers for this year’s fee increase and have agreed in 2023/2024 there will be no fee increase, this has meant the providers have held frozen vacancies.

Both Providers have stated that continuing without a fee increase into the new financial year 2024/2025 will not be sustainable, and therefore negotiations continue. 

The current contract values are £725,905 for EKHUFT and £1,526,586 for KCHFT, contract values for 2024/2025 will be agreed alongside Finance colleagues and the Director for Education.

This contract is funded from the Dedicated Schools Grant: High Needs Block, an annual grant provided by the Department of Education.

 

 

Legal Implications  

 

The procurement strategy is to align existing Therapy services required by KCC, with the service commissioned by the NHS Kent and Medway and to jointly commission the service, with the NHS Kent and Medway as the Lead Commissioner and KCC as a Joint Commissioner. 

 

As a Joint Commissioner, it is expected that KCC will be a full partner of the contract with the provider(s) and will have the ability to participate in performance contract management and monitoring, with NHS Kent and Medway.  This will strengthen existing contract performance monitoring and management, given the scale and value of the proposed contract.

 

The Provider Selection Regime (PRS) came in to force on 1 January 2024. PSR is a set of rules for procuring health care services, by NHS England, Integrated Care Board, NHS Trusts, NHS Foundation Trusts and Local Authorities.

 

There are three Provider Selection processes:

 

For the 2023/2024 contract, the Public Contract Regulations (PCR) 2015 would have applied, however as PSR is now in force, this is the regulation that covers the provision of Therapy services, and it is therefore recommended that the route followed to sign these contracts is under Direct Award (C).

 

For any other meaningful commissioning using this Regime would require developing specifications, detailed outcome frameworks and key performance indicators, quality assurance mechanisms and contract management schedule.  This would also not allow for the necessary coproduction with Children, Young People, and their Families/Carers, as required by the SEND Code of Practice and our commitment to the SEND Co-production Charter.

 

Equalities implications

 

A full Equalities Impact Assessment (EqIA) will be completed as part of the Joint Commissioning Strategy, to help us to consider the potential impact of a proposal, and how to make things as fair as possible for anyone who is likely to be affected. The level of detail required for an EqIA depends on how complex the proposal is, and to what extent people are likely to be affected by it.  We believe this will have far reaching implications and therefore full EqIA will be required.

DPIA (if relevant)

A DPIA checklist will be completed in due course as part of the commissioning plan to ensure KCC and partners ability identify and minimise the data protection risks within this commissioned activity. As this is a major project which requires the processing of personal data, the DPIA Assessment will therefore:

• describe the nature, scope, context and purposes of the processing;
• assess necessity, proportionality and compliance measures;
• identify and assess risks to individuals; and
• identify any additional measures to mitigate those risks.

 

Proposed decision:

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

•              Lot 1 – Multi-discipline (client delegated duties)

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

•              Lot 3 – Supervisor

•              Lot 4 – Technical Advisor

•              Lot 5 – Construction Design and Management Advisor

 

Reason for the decision

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

 

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

 

Options

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

•              Insource of consultancy provision.

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

•              Establishing a new Construction Consultancy Framework.

 

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

 

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

 

How the proposed decision supports the Interim Strategic Plan

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

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

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

•              Supporting the KCC Corporate Estate maintenance programme.

•              Supporting the KCC Education Estate maintenance programme.

Proposed decision –

 

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

 

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

 

Further information –

 

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

 

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

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