Cabinet Member decisions

Proposed decision:

Approve the expansion of the Kent Enablement at Home Service and support activity transfers to enable the safe decommissioning of the Discharge to Assess Service and delegate authority to the Corporate Director Adult Social Care and Health to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

Reason for the Decision:

It is the ambition of Kent County Council (KCC) for the people in Kent to have home-based care and support services, in line with Home First principles and KCC’s Making a Difference Every Day Adult Social Care Strategy.

Discharge to Assess Services enable the council to deliver towards this ambition. The pathway relates to people being discharged from hospital with home-based support; all people needing such support should be offered reablement and rehabilitation and, where necessary, time for assessment and future care planning. This includes people whose package of care is being restarted after lapsing during their hospital stay.

The Discharge to Assess service supports people who need ongoing care and support.  It is essential in ensuring people recover at home following discharge from hospital and are supported until further assessment can be undertaken if required. It alleviates blockages in patient flow through the system and prevents unnecessary delayed discharges; as such, it is essential that any new model of service delivery adequately supports both the process and the person.

The Discharge to Assess service contract was commissioned by KCC and forms part of Discharge Services, for people discharged from hospital who need support to recover at home. Across Kent, there are a few services that align with the pathway, commissioned by NHS Kent and Medway and other health partners.

In December 2023, the Discharge to Assess service was overspent against the KCC budget. A decision was made to extend the current contract by nine months, to 30 September 2024, to allow time for an alternative model to be agreed and mobilised.

A new model has now been agreed between KCC and the Integrated Care Board (ICB). Time is needed to implement this. The new model will provide an integrated enablement and rehabilitation offer. The new proposed model will build capacity to create one simpler pathway and will help people in hospital return home faster whilst supporting recovery and retaining independence. The service will deliver reablement, personal care and support nutrition, while also monitoring the person’s condition. They will also contribute to an overall plan of care in their own home. The new team will work in a therapeutic way with oversight from therapists the aim being to assess the long-term care needs at home.

The new model will differ from the current offer of a 7-14 day support period, to an offer of up to six weeks. This will lead to an improvement in outcomes anticipated by moving this service in house, as there will be more continuity of provision for people on their discharge from hospital.

It is proposed that the activity from the Discharge to Assess Service will transfer over to KEAH in a phased way to allow recruitment of additional staff.  Recruitment will commence in February 2024. 

The recruitment schedule for Kent Enablement at Home (KEaH)Service assumes no staff will transfer over from the current Discharge to Assess provider.

The proposed decision supports Priority 4 of Framing Kent’s Future – New Models of Care and Support and objective 2 of Securing Kent’s Future in delivering savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP.

Other options considered and discarded:

Undertake a Competitive Tender – Co-design a completely new service with experts by experience.

This will take time, circa 12 to 18 months. The current service is over-spent against the budget and is likely to continue to be so for the duration of any service re-design. This will impact on the council’s financial deficit. KEaH already contribute to the Discharge to Assess model.  Across Kent, there are a few services that align with the Discharge to Assess pathway. This option will not address the disparate approach to the Discharge to Assess pathway. Commissioners are looking for a fully integrated enablement and rehabilitation offer and a simpler pathway that is easier for prescribers and people who use it.

Current Provider - Direct Award a new contract to the incumbent provider.

The incumbent service is over-spent against the budget and costs are likely to continue to increase. This service is financially unsustainable for the future.

Decision:

As Cabinet Member for Adult Social Care and Public Health, I agree to:

a) APPROVE the expansion of the Kent Enablement at Home Service and support activity transfers to enable the safe decommissioning the Discharge to Assess Service; and

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

Proposed decision:

Extend the Supported Living Contract, for a maximum of up to three years from 15 June 2024 to 14 June 2027 and delegate authority to the Corporate Director Adult Social Care and Health to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

Reason for the decision:

The Care Act 2014 gave local authorities in England, the NHS and the Care Quality Commission clear legal responsibilities for managing different elements of the adult social care market that include considering need, provider sustainability, value for money and integration.

Framing Kent’s Future and Securing Kent’s Future and the Adult Social Care Making a Difference Everyday Strategy Kent identify New Models of Care and Support as a key priority by recognising the importance of health and social care integration, building effective strategic partnerships with our providers through coproduction whilst being innovative in the way we look to redesign services to improve quality and importantly respond to budget constraints.

To help achieve this, the council has procured external expertise to undertake three distinct pieces of work that will help with the redesign of a new service. This will help inform the commissioning intentions for adult social care services and provide commissioners with the required information to design new specifications and a robust commissioning and procurement process.

The commissioning exercise will include extensive engagement with people who use care and support services to develop a new specification which ensures high quality and cost-effective services in the future.

This is a demand driven service and due to increases in complexity, increased demand and fees in excess of that funded for inflation, spend has grown year on year. It is recognised that during the contract extension period mitigations will be put in place to help halt the increased spend to the service through the development of a robust savings action plan. This will require a collaborative approach across Kent County Council (KCC) and NHS Kent and Medway Integrated Care Board (ICB) colleagues and proactively engaging with providers to determine fair costs for both legacy and new placements.

The council will need to consider looking to develop alternative care and support offers which support people to remain in their own home for longer. These include an enhanced technology offer, integrated reablement service, homecare offer, increasing direct payments and support that can be purchased such as personal assistants and niche services delivered by the voluntary sector and micro providers.

Commissioners will develop new models, supported by the cost of care exercise completed by the external consultants, which will ensure best value for future services. The extension will allow this activity to be completed.

Supported Living is intended to allow people with disabilities and other long-term conditions to remain independent and have their own home. The features of the contract include suitable housing, paid for by the resident with support to help with everyday life activities or in the event of physical or mental health challenges. The contracting arrangements offer access to anyone over the age of 18 years old, as this is the legal age that a person can sign a tenancy agreement.

The contract is a closed framework with 94 providers contracted to provide support to adults across Kent through approximately 700 properties.

When the contract went live (in 2019) there were 500 properties on the framework. The Supported Accommodation Team in Commissioning have added approximately 250 properties to the framework providers’ portfolios and ensuring these are of a good standard by checking that all new properties meet the minimum design specification (developed in 2017 and in line with housing legislation), introduced at the point of tender, as well as due diligence checks to ensure safety.

The current contract end date is 14 June 2024 and there is an optional 3-year extension built into the contract, which could take the contract through to 14 June 2027.

An extension to the current contract is required to allow the external consultants to complete the assessment and for the new service to be procured. However, it is anticipated that the exercise carried out by external experts will not be finalised until March 2024. This will enable a full procurement process to commence once the extensions to the contract has been implemented.

The proposed extension will be put in place for a maximum of up to three years. However, a robust reprocurement exercise is to be completed as quickly as possible and break clauses will be written into the contract extension to allow the council to terminate the contract when appropriate and to fit in with the mobilisation of a new contract.

Subject to the outcome of the work currently being undertaken by consultants, we expect to commence the procurement process in April 2024 with a view to implement from early in 2025.

The proposed decision supports objective 2 of Securing Kent’s Future to deliver savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP and priority 4 of Framing Kent’s Future – New Models of Care and Support.

Options (other options considered but discarded): The council can choose not to extend the current contract. However, there are significant risks, as set out below, to choosing this option and no benefits have been identified.

Legal and Policy: The council commissions services from the independent sector to meet the needs of individuals deemed to be eligible in accordance with and following a Care Act assessment. If the contract ends the Council will be pressured to fully meet its statutory obligation under the Care Act with regards to providing a high quality, safe service that is at an affordable price.

Financial: A lack of robust fee setting mechanisms and contractual leverage may result in a significant increase in placement costs which will be challenging to control. Savings targets set out by the council and to be met through greater partnership working and negotiation will be difficult to achieve through spot purchasing agreements and providers will be within their right to give notice on individual placements that may be hard to source at an affordable price.

Reputational: A shift to partnership working with providers will be challenged as the expectation from providers is that the contractual arrangements with the Council will be maintained due to the mutual benefits to both parties. People using this service expect a robust oversight of the service and the perception will be that this is not the case if the service is not part of a KCC Contract.

Resource Implications: If the contract ends there will be a requirement for the review, renegotiation, and repurchasing of all individual placements with new contract and terms and conditions established. This will also require significant system and process updates.

Financial Implications:

The initial contract cost is set out below along with the current cost. Various market pressures and increase in demand and complexity of care has resulted in an increased spend on the service. Robust actions are being put in place to limit this spend.

Dedicated commissioning and finance resources will be required to ensure a collaborative approach to determine a robust fee model and pricing guide and the identification of any financial risk.

Legal Implications:

Anextension is necessary to enable the council to undertake a detailed Cost of Care review, which is likely to be completed by 28 February 2024. As such, the council will not be in a position to undertake a reprocurement, based on the outcome of the review, in time for a new service to be in place in 2024. Therefore, a change is not proposed at this time for economic or technical reasons. Any procurement of the service, prior to the completion of the Cost of Care review, will cause significant inconvenience and substantial duplication of cost. It is also unlikely that a procurement will attract market interest, as providers may be reluctant to bid, prior to the completion of the Cost of Care review.

An extension is available to be utilised in the contract. The extension was included in the Contract / PIN Notice advertising the original procurement of this service and therefore the extension is permissible and compliant under PCR 2015 regulations.

Decision:

As Cabinet Member for Adult Social Care and Public Health, I agree to:

a) EXTEND the Supported Living contract, for a maximum of up to three years from 15 June 2024 to 14 June 2027; and

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

Proposed decision:

Extend the Learning Disability, Physical Disability and Mental Health Residential Care Home Services contract for a maximum of up to two years from 15 June 2024 to 14 June 2026 and delegate authority to the Corporate Director Adult Social Care and Health to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

Reason for the decision:

The Care Act 2014 gave local authorities in England, the NHS and the Care Quality Commission (CQC) clear legal responsibilities for managing different elements of the adult social care market that include considering need, provider sustainability, value for money and integration.

Framing Kent’s Future and Securing Kent’s Future and the Adult Social Care Making a Difference Everyday Strategy, identify New Models of Care and Support as key priorities by recognising the importance of health and social care integration, building effective strategic partnerships with our providers through coproduction whilst being innovative in the way we look to redesign services to improve quality and importantly respond to budget constraints.

To help achieve this, the council has procured external expertise to undertake three distinct pieces of work that will help with the redesign of a new service. This will help inform the commissioning intentions for adult social care services and provide commissioners with the required information to design new specifications and a robust commissioning and procurement process.

The commissioning exercise will include extensive engagement with people who use care and support services to develop a new specification which ensures high quality and cost-effective services in the future.

This is a demand driven service and due to increases in complexity, increased demand and fees in excess of that funded for inflation, spend has grown year on year. It is recognised that during the contract extension period mitigations will be put in place to help halt the increased spend to the service through the development of a robust savings action plan. This will require a collaborative approach across Kent County Council (KCC) and NHS Kent and Medway Integrated Care Board (ICB) colleagues and proactively engaging with providers to determine fair costs for both legacy and new placements.

The council will need to consider looking to develop alternative care and support offers which support people to remain in their own home for longer. These include an enhanced technology offer, integrated reablement service, homecare offer, increasing direct payments and support that can be purchased such as personal assistants and niche services delivered by the voluntary sector and micro providers.

Commissioners will develop new models, supported by the cost of care exercise completed by the external consultants, which will ensure best value for future services. The extensions will allow this activity to be completed.

The current Learning Disability, Physical Disability and Mental Health Residential Care Home Services contract ends on 14 June 2024 and there are two, 2-year extensions built into the contract, which could take the contract through to 14 June 2028. This decision seeks to utilise the first of these two-year extensions from 15 June 2024 to 14 June 2026.

An extension to the current contract will allow the external consultants to complete the assessment and for the new service to be procured. However, it is anticipated that the exercise carried out by external experts will not be finalised until March 2024. This will enable a full procurement process to commence once the extension to the contract has been implemented.

The proposed extension will be put in place for a maximum of up to two years. However, a robust reprocurement exercise is to be completed as quickly as possible and break clauses will be written into the contract extension to allow the council to terminate the contract when appropriate and to fit in with the mobilisation of a new contract.

There are currently 881 people placed in a residential care home setting through this contract, and a further 523 people placed in residential care homes outside of the contract. Not all placements and/or homes will be within Kent.

The contract is by way of an open Dynamic Purchasing System (DPS) that allows the council to add new providers during the lifetime of the contract having passed the relevant selection criteria. The DPS provides a high level of flexibility that allows for market development and new purchasing opportunities if, and when required.

The services/contract should be considered in the context of the external and internal pressures which have significantly changed from when the contract was initiated in 2019.

Pressures include:

•      The demand for care and support for people with a greater level of complexity of need.

•      Inflationary pressures and financial sustainability issues.

•      Increased placement costs seen across Kent and nationally.

•      Workforce pressures and the recruitment and retention of high-quality staff

•      Quality issues resulting in poor Care CQC rating and contract suspensions.

Options (other options considered but discarded) The council can choose not to extend the current contract. However there are significant risks, as set out below, to choosing this option and no benefits have been identified.

Legal and Policy: The council commissions services from the independent sector to meet the needs of individuals deemed to be eligible in accordance with and following a Care Act assessment. If the contract ends the council will be pressured to fully meet its statutory obligation under the Care Act with regards to providing a high quality, safe service that is at an affordable price.

Financial: A lack of robust fee setting mechanisms and contractual leverage may result in a significant increase in placement costs which will be challenging to control. Savings targets set out by the council and to be met through greater partnership working and negotiation will be difficult to achieve through spot purchasing agreements and providers will be within their right to give notice on individual placements that may be hard to source at an affordable price.

Reputational: A shift to partnership working with providers will be challenged as the expectation from providers is that the contractual arrangements with the authority will be maintained due to the mutual benefits to both parties. People using this service expect a robust oversight of the service and the perception will be that this is not the case if the service is not part of a KCC contract.

Resource Implications: If the contract ends there will be a requirement for the review, renegotiation, and repurchasing of all individual placements with new contract and terms and conditions established. This will also require significant system and process updates.

The proposed decision supports objective 2 of Securing Kent’s Future to deliver savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP and priority 4 of Framing Kent’s Future – New Models of Care and Support.

Financial Implications:

The initial contract cost is set out below along with the current cost. Various market pressures and increase in demand and complexity of care has resulted in an increased spend on the service. Robust actions are being put in place to limit this spend.

Dedicated commissioning and finance resources will be required to ensure a collaborative approach to determine a robust fee model and pricing guide and the identification of any financial risk.

Legal implications: An extension is necessary to enable the council to undertake a detailed Cost of Care review, which is likely to be completed by 28 February 2024. As such, the council will not be in a position to undertake a reprocurement, based on the outcome of the review, in time for a new service to be in place in 2024. Therefore, a change is not proposed at this time for economic or technical reasons. Any procurement of the service, prior to the completion of the Cost of Care review, will cause significant inconvenience and substantial duplication of cost. It is also unlikely that a procurement will attract market interest, as providers may be reluctant to bid, prior to the completion of the Cost of Care review.

An extension is available to be utilised and the extension was included in the Contract/PIN Notice advertising the original procurement of this service and therefore the extension is permissible and compliant under PCR 2015 regulations.

Decision:

As Cabinet Member for Adult Social Care and Public Health, I agree to:

a) EXTEND the Learning Disability, Physical Disability and Mental Health Residential Care Home Services contract for a maximum of up to two years from 15 June 2024 to 14 June 2026; and

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

Proposed decision :

Extend the Care and Support in the Home Contract, for a maximum of up to three years from 1 April 2024 to 31 March 2027 and delegate authority to the Corporate Director Adult Social Care and Health to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

Reason for the decision:

The Care Act 2014 gave local authorities in England, the NHS and the Care Quality Commission (CQC) clear legal responsibilities for managing different elements of the adult social care market that include considering need, provider sustainability, value for money and integration.

Framing Kent’s Future and Securing Kent’s Future and the Adult Social Care Making a Difference Everyday Strategy, identify New Models of Care and Support as key priorities by recognising the importance of health and social care integration, building effective strategic partnerships with our providers through coproduction whilst being innovative in the way we look to redesign services to improve quality and importantly respond to budget constraints.

To help achieve this, the council has procured external expertise to undertake three distinct pieces of work that will help with the redesign of a new service. This will help inform the commissioning intentions for adult social care services and provide commissioners with the required information to design new specifications and a robust commissioning and procurement process.

The commissioning exercise will include extensive engagement with people who use care and support services to develop a new specification which ensures high quality and cost-effective services in the future.

This is a demand driven service and due to increases in complexity, increased demand and fees in excess of that funded for inflation, spend has grown year on year. It is recognised that during the contract extension period mitigations will be put in place to help halt the increased spend to the service through the development of a robust savings action plan. This will require a collaborative approach across Kent County Council and NHS Kent and Medway Integrated Care Board colleagues and proactively engaging with providers to determine fair costs for both legacy and new placements.

The council will need to consider looking to develop alternative care and support offers which support people to remain in their own home for longer. These include an enhanced technology offer, integrated reablement service, homecare offer, increasing direct payments and support that can be purchased such as personal assistants and niche services delivered by the voluntary sector and micro providers.

Commissioners will develop new models, supported by the cost of care exercise completed by the external consultants, which will ensure best value for future services. The extension will allow this activity to be completed.

The Contract is by way of closed framework with 30 providers on the framework. However this contract and the provider market has been significantly impacted through the COVID period, with a large proportion of off framework providers (over 100) now being used.

There are currently on average 72,000 calls per week to people that are supported.

The contract includes provision to cover domiciliary care, supporting independence services (SIS), Extra Care background support hours, Care and Support in Prisons. The contract is divided by geographical provision (clusters) to cover Urban and Rural areas.

The Care and Support in the Home commenced in 2019, for an initial period of four years, with options to extend. The current Care and Support in the Home contract end date is 7 April 2024 and there is an optional three-year extension built into the contract, which could take the contract through to 7 April 2027.

An extension to the current contract is required to allow the external consultants to complete the assessment and for the new service to be procured. However, it is anticipated that the exercise carried out by external experts will not be finalised until March 2024. This will enable a full procurement process to commence once the extension to the contract has been implemented.

The proposed contract extension will be put in place for a maximum of three years. However, a robust reprocurement exercise is to be completed as quickly as possible and break clauses will be written into the contract extension to allow the council to terminate the contract when appropriate and to fit in with the mobilisation of a new contract.

Subject to the outcome of the work currently being undertaken by consultants, we expect to commence the procurement process in April 2024 with a view to implement from early in 2025.

The proposed decision supports objective 2 of Securing Kent’s Future to deliver savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP and priority 4 of Framing Kent’s Future – New Models of Care and Support.

Options (other options considered but discarded):

The council can choose not to extend the current contract. However there are significant risks, as set out below, to choosing this option and no benefits have been identified.

Legal and Policy: The council commissions services from the independent sector to meet the needs of individuals deemed to be eligible in accordance with and following a Care Act assessment. If the contract ends the council will be pressured to fully meet its statutory obligation under the Care Act with regards to providing a high quality, safe service that is at an affordable price.

Financial: A lack of robust fee setting mechanisms and contractual leverage may result in a significant increase in placement costs which will be challenging to control. Savings targets set out by the council and to be met through greater partnership working and negotiation will be difficult to achieve through spot purchasing agreements and providers will be within their right to give notice on individual placements that may be hard to source at an affordable price.

Reputational: A shift to partnership working with providers will be challenged as the expectation from providers is that the contractual arrangements with the council will be maintained due to the mutual benefits to both parties. People using this service expect a robust oversight of the service and the perception will be that this is not the case if the service is not part of a KCC Contract.

Resource Implications: If the contract ends there will be a requirement for the review, renegotiation, and repurchasing of all individual placements with new contract and terms and conditions established. This will also require significant system and process updates.

Financial Implications:

The initial contract cost is set out below along with the current cost. Various market pressures and increase in demand and complexity of care has resulted in an increased spend on the service. Robust actions are being put in place to limit this spend.

Dedicated commissioning and finance resources will be required to ensure a collaborative approach to determine a robust fee model and pricing guide and the identification of any financial risk.

Legal implications:

The extension is necessary to enable the council to undertake a detailed Cost of Care review, which is likely to be completed by 28 February 2024. As such, the council will not be in a position to undertake a reprocurement, based on the outcome of the review, in time for a new service to be in place in 2024. Therefore, a change is not proposed at this time for economic or technical reasons. Any procurement of the service, prior to the completion of the Cost of Care review, will cause significant inconvenience and substantial duplication of cost. It is also unlikely that a procurement will attract market interest, as providers may be reluctant to bid, prior to the completion of the Cost of Care review.

An extension is available to be utilised in the contract. The extension was included in the Contract / PIN Notice advertising the original procurement of this service and therefore the extension is permissible and compliant under PCR 2015 regulations.

Decision:

As Cabinet Member for Adult Social Care and Public Health, I agree to:

a) EXTEND the Care and Support in the Home contract, for a maximum of up to three years from 1 April 2024 to 31 March 2027; and

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

Proposed decision:

Extend the current Older Persons Residential and Nursing contract for up to a maximum of two years (1 April 2024 to 31 March 2026) and delegate authority to the Corporate Director Adult Social Care and Health to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.

Reason for the decision:

The Care Act 2014 gave local authorities in England, the NHS and the Care Quality Commission clear legal responsibilities for managing different elements of the adult social care market that include considering need, provider sustainability, value for money and integration.

Framing Kent’s Future and Securing Kent’s Future and the Adult Social Care Making a Difference Everyday Strategy Kent identify New Models of Care and Support as a key priority by recognising the importance of health and social care integration, building effective strategic partnerships with our providers through coproduction whilst being innovative in the way we look to redesign services to improve quality and importantly respond to budget constraints.

To help achieve this, the council has procured external expertise to undertake three distinct pieces of work that will help with the redesign of a new service. This will help inform the commissioning intentions for adult social care services and provide commissioners with the required information to design new specifications and a robust commissioning and procurement process.

The commissioning exercise will include extensive engagement with people who use care and support services to develop a new specification which ensures high quality and cost-effective services in the future.

The council will develop alternative care and support offers which support people to remain in their own home for longer. These include an enhanced technology offer, integrated reablement service, homecare offer, increasing direct payments and support that can be purchased such as personal assistants and niche services delivered by the voluntary sector and micro providers.

Following on from the cost of care review a new pricing model and contract fee mechanism will be developed to ensure best value for future placements. The extension will allow this activity to be completed.

The council will work closely with the market to ensure better value for the council and achieve savings where appropriate. This will include consider how to best utilise the Lots as part of the present contract model to make cost efficiencies for example, the utilisation of block contracts.

We will work to increase membership of the current framework and will review all off-framework placements regarding price, volume and value for money and seek to negotiate on this basis.

An extension to the current contract is required to allow the external consultants to complete the assessment and for the new service to be procured. However, it is anticipated that the exercise carried out by external experts will not be finalised until March 2024. This will enable a full procurement process to commence April 2024 once the extension to the contract has been implemented.

The proposed extension period will be put in place for a maximum of up to two years. However, a robust re-procurement exercise is to be completed as quickly as possible and break clauses will be written into the contract extension to allow the council to terminate the contract when appropriate and to fit in with the mobilisation of a new contract.

Subject to the outcome of the work currently being undertaken by consultants, we expect to commence the procurement process in April 2024 with a view to implement from early in 2025.

The proposed decision supports objective 2 of Securing Kent’s Future to deliver savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP and priority 4 of Framing Kent’s Future – New Models of Care and Support.

Options considered and discarded:

The council can choose not to extend the current contract and let it end on 31 March 2024. However, there are significant risks to choosing this option and no benefits have been identified. The risks are set out below:

Legal and Policy: The council commissions residential and nursing care services for older persons from the independent sector to meet the needs of individuals deemed to be eligible in accordance with and following a Care Act assessment. If the contract ends the council will be pressured to fully meet its statutory obligation under the Care Act with regards to providing a high quality, safe service that is at an affordable price.

Financial: A lack of robust fee setting mechanisms and contractual leverage may result in a significant increase in placement costs which will be challenging to control. Savings targets set out by the council and to be met through greater partnership working and negotiation will be difficult to achieve through spot purchasing agreements and providers will be within their right to give notice on individual placements that may be hard to source at an affordable price.

Reputational: A shift to partnership working with providers will be challenged as the expectation from providers is that the contractual arrangements with the authority will be maintained due to the mutual benefits to both parties. People using this service expect a robust oversight of the service and the perception will be that this is not the case if the service is not part of a KCC Contract.

Resource Implications: If the contract ends there will be a requirement for the review, renegotiation and repurchasing of all individual placements with new contract and terms and conditions established. This will also require significant system and process updates.

Financial Implications:

The total cost of the current Older Persons Residential and Nursing contract was set at approximately £800m (£100m per annum). However, due to the factors set out above, the annual cost has increased to £160m per annum. The approximate total cost of the proposed two-year extension period therefore is £304m.

Dedicated commissioning and finance resources will be required to ensure a collaborative approach to determine a robust fee model and pricing guide and the identification of any financial risk.

This is a demand driven service and due to increases in complexity, increased demand and fee rates in excess of inflation, spend has increased year on year. Mitigations will be put in place to help limit the increased spend through the development of a robust savings action plan during the contract extension period. This will require a collaborative approach across KCC and NHS Kent and Medway ICB colleagues and proactively engaging with providers to determine fair costs for both legacy and new placements.

Legal Implications:

The Older People Residential Care, Nursing Care and Respite Care Services was procured as a Dynamic Purchasing Framework. The original Contract Notice which was advertised in the Official Journal of the EU, allowed for a contract term of four years, from 1 April 2016 to 31 March 2020. It also allowed for two 24-month extensions, from 1 April 2020 to 31 March 2022 and 1 April 2022 to 31 March 2024. 

Both contract extensions have been exercised and the current extension period is due to expire on 31 March 2024. 

Under Regulation 34 (Dynamic Purchasing Systems), Contracting Authorities, are permitted to extend the period of validity of Dynamic Purchasing Systems (DPS). Regulation 72 (Modification of Contracts during their term) permits Contracting Authorities to modify contracts and framework agreements, without a new procurement procedure. This decision is in accordance with the regulatory requirements.

An extension to the DPS is necessary to enable the council to undertake a detailed Cost of Care review of residential, nursing and respite care provision, which is likely to be completed by 28 February 2024. As such, the council will not be in a position to undertake a reprocurement, based on the outcome of the review, in time for a new service to be in place by 1 April 2024. Therefore, a change is not proposed at this time for economic or technical reasons.  Any procurement of the service, prior to the completion of the Cost of Care review, will cause significant inconvenience and substantial duplication of cost, as the procurement will need to be undertaken again on completion of the Cost of Care review. It is also unlikely that a procurement will attract market interest, as providers may be reluctant to bid, prior to the completion of the Cost of Care review.

Equalities implications:

To ensure KCC’s statutory obligations under the Equalities Act 2010 are met, a full Equality Impact Assessment (EqIA) has been undertaken for recommissioning purposes. This has also been considered for the purposes of the contract extension and no major issues were identified. This will be refreshed to encompass any new negative or positive impacts identified due to the new service model.

New providers joining the DPS during the contract extension will need to continue to demonstrate that they have policies and procedures in place that ensure their compliance with Equality Act 2010.

Data Protection Implications:

A Data Protection Impact Assessment (DPIA) has been completed and no anticipated new data protection implications have been identified. Providers tendering for the contract extension will be expected to undertake a DPIA as part of their tender submission.

Decision:

As Cabinet Member for Adult Social Care and Public Health, I agree to:

a) EXTEND the current Older Persons Residential and Nursing contract for up to a maximum of two years (1 April 2024 to 31 March 2026);and

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

Proposed Decision:

1.           Approve acceptance of:

a.            the new revenue grant to support to the roll out of the wraparound childcare programme, and

b.            the capital grant to support the delivery of extended early years funded entitlement and wraparound childcare;

2.           Authorise the Director of Education and SEND to take the actions required to deliver 1. and 2. above, in line with the relevant grant conditions, including but not limited to entering into relevant contracts, to be authorised to enter into variations as envisaged under the contracts and making payments to early providers;

3.           Approve changes to the Council’s Early Years Local Funding Formula for early years providers that is used to calculate the early years funding rates for funded entitlements from 1^st April 2024; and

4.           Authorise the Corporate Director of Children, Young People and Education to make any necessary changes to the Funding Formula rates once final affordability is known and agree the payment process to early years providers.

Reason for Decision:

All eligible parents of children aged three- and four-year olds are entitled to up to 30 hours free childcare per week up until they start school, with this offer extended to disadvantaged two-year olds. The Council has a duty to secure sufficient childcare to enable parents to access their funded entitlement, and must, so far as is reasonably practicable, secure sufficient childcare places are available for working parents of children aged 0-14 years. 

The Spring Budget announced a range of measures to support early education and help parents with childcare so they can return to work more easily. This included new funded entitlements:

1. From April 2024, eligible working parents of 2-year-olds can access up to 15 hours per week for 38 weeks of the year.
2. From Sept 2024, eligible working parents of children aged 9 months up to 3-year-olds can access up to 15 hours per week for 38 weeks of the year.
3. From Sept 2025, eligible working parents of children aged 9 months up to 3-year-olds can access up to 30 hours per week for 38 weeks of the year.

Parents working the equivalent of 16 hrs a week (earning the national minimum wage or living age) will be able to benefit from this offer. HMRC will continue to confirm eligibility.  Eligible low-income families in receipt of certain benefits will continue to be entitled to 15 hours of funded childcare for 2-year-old children.

The Government also announced its ambition that, by 2026, all parents and carers of primary school-aged children who need it will be able to access term time childcare in their local area from 8:00 AM- 6:00 PM. This is known as wrap-around childcare.

Additional funding is  being made available to the County Council via the Early Years Funding Block to deliver the new entitlements from 1 April 2024.. 

Additionally a Wraparound Childcare grant is being provided, during the three financial years of 2023-24 to 2025-26.  The County Council is to receive a maximum of £52k in 2023-24, £4.1m in 2024-25 and £1.9m (provisional) in 2025-26. 

The County Council has also been allocated £2.6m capital funding to help ensure the new entitlements and wraparound childcare ambition can be secured.  It is expected the capital is split 80:20 respectively.

The County Council needs to take a number of actions to deliver the existing and new entitlements and ambitions.

1.    The Council is responsible for both determining the Early Years Local Funding Formula which is used for setting the hourly rates paid to early years providers for this Free Entitlement offer, along with paying providers. This is fully funded from the Early Years Block of the Dedicated Schools Grant provided by the Department of Education.

2.    The Council remains responsible for setting the funding rate for all free entitlements in 2024-25 including those due to be introduced from 1^st April 2024. This decision will confirm how this additional Early Years funding will be distributed to early years providers in line with Government guidelines. 

3.    Delivery plans need to be submitted to the Department for Education for wraparound childcare initiative – the first in February regarding delivery capacity and the second in May on the actual programme.

The options considered for setting the early years funding rates are outlined in the consultation document to early years providers. Options must meet the DfE guidelines.

The proposed decision supports the key priority “Levelling up Kent” within the ‘Framing Kent’s Future (2022-26)’.   Supporting the Kent economy to be resilient and successful depends upon having a flexible, adaptable, talented workforce.  Enabling parents to be active in the workforce is an essential component of this.

The proposed decision supports “Securing Kent’s Future – budget recovery strategy”.  The additional activity is funded by Government Grant, with allowances within these for the County Council’s delivery costs.  No additional funds from KCC are required.  Supporting families to work and be independent of state support assists the County Council’s budget position. 

Delivering the extended funded entitlements and wraparound childcare ambition is necessary to discharge the Authority’s statutory duty.  The existing provider agreement provides the revenue contracts required. Contracts/funding agreements will need to be entered in to for capital awards. 

As Cabinet Member for Education and Skills in consultation with Cabinet Member for Integrated Children’s Services, I agree to:

I.               approve acceptance of:

a.             the new revenue grant to support to the roll out of the wraparound childcare programme, and

b.             the capital grant to support the delivery of extended early years funded entitlement and wraparound childcare;

II.             authorise the Director of Education and SEND to take the actions required to deliver the new funded early years entitlements and wraparound childcare aspirations, in line with the relevant grant conditions, including but not limited to entering into relevant contracts, to be authorised to enter into variations as envisaged under the contracts and making payments to early providers;

III.           approve changes to the Council’s Early Years Local Funding Formula for early years providers that is used to calculate the early years funding rates for funded entitlements from 1^st April 2024 as set out below:

a.    the basic rate for all free entitlements for 2024-25:

b.    Additional supplementary rates for 3- & 4- year-olds free entitlements:

-       Deprivation: based on a children’s eligibility against the Index of Deprivation Affecting Children Index – providers with children residing in the top 25% most deprived areas will receive an additional rate of between £0.54 per hour and  £0.13 per hour per eligible child.   

-       Qualified leader (for those employed on Statutory Teachers’ terms & conditions):  £1.20 per hour;

-       Qualified leader (for Early Years Professionals & Teachers’ who are not employed on statutory terms & conditions): £0.30 per hour;

-       System Leadership (Quality): fixed budget of £250,000

c.     there will be no additional supplementary rates for either 2-year-olds and 9 months to 2 years (with all funding passed through the base rate only). 

d.    to budget for the Special Educational Needs Inclusion Fund to be jointly funded from the High Needs Block and Early Years Block from 2024-25;

e.    to budget for a 1% contingency to mitigate against the financial risk of implementing the new funded entitlement offer for working parents for 2-year-olds from April 2024; and for children from 9 months in September 2025.  

f.      use of up to 5% of the Early Years Block to fund centrally retained early years services provided by the Council.

g.    The Disability Access Fund and Early Years Pupil Premium payments will be set at nationally prescribed rates and eligibility criteria.

h.    implement a monthly payment process for childminders during 2024-25.

IV.           and, Authorise the Corporate Director of Children, Young People and Education to make any necessary changes to the Funding Formula rates once final affordability is known and implement payment process to early years providers.

Proposed decision

As Cabinet Member for Education and Skills, I agree:

a)       The Coordinated Primary Admissions Scheme 2025/26 incorporating the In Year admissions process as detailed in Appendix A

b)       The Co-ordinated Secondary Admissions Scheme 2025/26 incorporating the In Year admissions process and Kent Test process as detailed in Appendix B

c)       The oversubscription criteria relating to Community and Voluntary Controlled Infant, Junior and Primary Schools in Kent 2025/26 as detailed in Appendix C (1)

d)       The oversubscription criteria relating to Community and Voluntary Controlled Secondary Schools in Kent 2025/26 as detailed in Appendix D (1)

e)       The Published Admissions Number for Community and Voluntary Controlled Infant, Junior and Primary Schools 2025/26 as set out in Appendix C (2)

f)        The Published Admissions Number for Community and Voluntary Controlled Secondary Schools 2025/26 as set out in Appendix D (2)

g)       The relevant statutory consultation areas for Kent Infant, Junior and Primary Schools 2025/26 as detailed in Appendix A (2) and the relevant statutory consultation areas for Kent Secondary Schools 2025/26 as set out in Appendix B (2)

Reason for the decision

Admission authorities are legally required to determine admissions arrangements for their schools by 28 February each year. It is intended that admissions arrangements for schools where KCC is the admissions authority are to remain broadly unchanged. It is proposed, however, to make changes to two Secondary school sixth form admission arrangements. This includes:

Dover Grammar School for Girls proposes to alter its sixth form entry requirements.

The proposed changes are as follows:

•       The minimum requirement is three 6 grades and three others at 5 grade.

•       At least a grade 4 or above in English and Mathematics.

•       Photography will also no longer be offered as a 4th A level option

Simon Langton Grammar School for Girls proposes to alter its sixth form entry requirements.

The proposed changes are as follows:

•       The Published Admission Number (PAN) for year 12 is 200. This is the number of places which will be offered on an annual basis to eligible external applicants. If fewer than 180 of the school’s own year 11 pupils transfer into year 12, additional external pupils will be admitted until year 12 meets its capacity of 200.

•       A minimum of 8 GCSEs grades 9-5, including 6 grades 6s*

•       A minimum grade 5 in their best English and Mathematics

•       Addition of sixth form oversubcription criteria and tiebreak

•       Clarity on the process for applying to sixth form

Each consultation is due to run until 11 January 2024.

Local Authorities are also required to consult with all schools within their geographical boundaries on an Admissions Scheme, which details how the co-ordinated and in year admissions processes will operate for the forthcoming year. This consultation is due to run until 11 January 2024.

Following the completion of both consultations, Cabinet Member for Education and Skills is requested to approve the proposed admission arrangements and scheme.

Legal Implications  

Section 13A of the Education Act 1996 states every admission authority must, before the beginning of each school year determine the admission arrangements which are to apply for that year 7. Local authorities are required by Section 92 of the School Standards and Framework Act and the Education (School Information) (England) Regulations 2008 to publish admission arrangements for all maintained schools in their area. Under section 88(1A) of the School Standards and Framework Act 1998 (as inserted by section 42 of the Education and Inspections Act 2006) it is the duty of a governing body of a community or voluntary controlled school, for which a local authority is the admissions authority, to implement any decision relating to the admission of pupils taken by the admission authority. Similarly, under section 89(3A) of the 1998 Act and regulations, the governing body of a voluntary aided or foundation school must implement a decision of the local authority, made under the relevant co-ordinated admission arrangements, whether a child should be granted or refused admission to the school.  Failure to do so would amount to a breach of the admission authority’s statutory duty.          

As Cabinet Member for Education and Skills, I agree to:

a)         The Coordinated Primary Admissions Scheme 2025/26 incorporating the In Year admissions process as detailed in Appendix A

b)         The Co-ordinated Secondary Admissions Scheme 2025/26 incorporating the In Year admissions process and Kent Test process as detailed in Appendix B

c)         The oversubscription criteria relating to Community and Voluntary Controlled Infant, Junior and Primary Schools in Kent 2025/26 as detailed in Appendix C (1)

d)         The oversubscription criteria relating to Community and Voluntary Controlled Secondary Schools in Kent 2025/26 as detailed in Appendix D (1)

e)         The Published Admissions Number for Community and Voluntary Controlled Infant, Junior and Primary Schools 2025/26 as set out in Appendix C (2)

f)          The Published Admissions Number for Community and Voluntary Controlled Secondary Schools 2025/26 as set out in Appendix D (2)

g)         The relevant statutory consultation areas for Kent Infant, Junior and Primary Schools 2025/26 as detailed in Appendix A (2) and the relevant statutory consultation areas for Kent Secondary Schools 2025/26 as set out in Appendix B (2)

Proposed decision: 

a)    To enter into new contracts and service level agreements (SLA) with mainstream primary and secondary schools that provide Specialist Resource Provisions (SRPs)

b)    Authorise the Director for Education and Special Educational Needs to enter into these contracts and SLAs on behalf of Kent County Council, attached as appendices A and B; and

c)    Authorise the Director for Education and Special Educational Needs to be the nominated Local Authority Representative within the relevant agreements and to enter into variations as envisaged under any of these contracts and SLAs.

Reason for the decision and background:

Contracts and SLAs have been in place for all SRP holding schools in Kent for a significant number of years. The purpose of the contracts and SLAs is to ensure that pupils with SEN receive an excellent education in an inclusive environment and are able to access specialist facilities and/or expertise which enables them to make progress. The contracts and SLAs that were in place are now due to be renewed.

A review of the standard SRP contract and SLA was carried out from January 2023 through to April 2023. The aim was to strengthen the governance arrangements and to ensure consistency between the two documents.

Legal advisors were commissioned to provide advice and update the contract and SLA. Following finalisation of these documents, in line with the legal advice provided, the updated, unsigned contract and SLA were issued to all SRP holding schools. The updated contract and SLA term is 3 academic years to 30 August 2026.

This decision will allow them to be signed and sealed.

Alternatives considered:

The alternative to putting a new contract/SLA in place is to proceed without one.  Legally, existing SRPs are part of the mainstream schools that host them, and their funding is covered by the LA’s approved funding arrangements. These provisions can continue. New provisions can be created, via the process set out above. However, this option has been rejected. The purpose and value of the contract/SLA is to set out clear expectations, and secure robust monitoring and accountability mechanisms. These are important aspects of the LA’s work, and essential in our SEND improvement journey.

As Cabinet Member for Education and Skills, I agree to:

a) Enter into and seal the contracts and service level agreements (SLA) that have been issued to mainstream primary and secondary schools to provide Specialist Resource Provisions (SRPs) for a period for three academic years from 1st September 2023 to 31st August 2026;

b) Authorise the Director for Education and Special Educational Needs to enter into and seal these contracts and SLAs on behalf of Kent County Council; and

c) Authorise the Director for Education and Special Educational Needs to be the nominated Local Authority Representative within the relevant agreements and to enter into variations as envisaged under any of these contracts and SLAs.

Proposed decision

  (i).        Release £200,000 of capital funding from the Children’s, Young People and Education Capital Budget to enable works to be completed to open the SRP;

 (ii).        Authorise the Director of Education on behalf of the County Council to enter into capital and revenue funding agreements with the Turner Schools Trust; and

(iii).        Authorise the Director of Education to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts.

Background

The number of children and young people resident in Kent with an Education Health & Care Plan (EHCP) was 18,930 as at January 2023.  This was a 6.8% increase on the previous year.  4.2% of 0-25 year olds resident in Kent have an EHCP, compared to 3.1% nationally.  This demand continues to place pressure on the specialist provision available within the County. 39.7% of EHCP learners in Kent (2023) are educated in special schools, compared to 34.8% nationally.  The position is unsustainable.

Kent is now part of the Department for Education’s (DfE) Safety Valve programme. This programme supports local authorities to reform their high needs systems and SEND services for children and young people while ensuring services are sustainable. A significant element of this is to reduce demand for special school places by improving the ability of mainstream schools to support children and young people with SEND. To that end, KCC has developed its first SEND Sufficiency Plan.  This forecasts a further increase in the number of children and young people with EHCPs linked to their ASC.  One gap in our provision is in Folkestone where there is a primary phase specialist resourced provision for children with autistic spectrum condition (ASC), but no pathway into secondary school.  This leads to a demand for special school places, rather than maintaining support in a mainstream setting.  Accordingly, the Plan recommends commissioning a 30 place secondary SRP at Folkestone Academy from September 2024. 

What is planned

The proposal is to commission a 30 place SRP for secondary aged pupils with ASC at Folkestone Academy.  This can be operational from September 2024.  6 places will be offered in the first year, incrementally rising to 30 across the five statutory age groups.

The proposal will support Priority 1 of Framing Kent’s Future 20222-26:

·         the commitment to maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families; and

·         to make significant improvements in educational attainment, particularly for deprived communities in coastal areas so that they improve faster than the rest of Kent to reduce the gaps.

The proposal will support Supporting Kent’s Future Objective 2:

·         The proposal is included within the SEND Sufficiency Strategy which is ensuring the right mix of placements are available. 

·         Having SEND provision closer to where it is needed will reduce the distances families are required to travel to secure an appropriate specialist place and a consequential reduction in SEND transport costs.

·         The capital costs of the project are far lower than expanding existing specialist provision. 

·         The revenue costs per place are lower for an SRP than the average per place paid to special schools.

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 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 plan can be viewed from this link:

democracy.kent.gov.uk/documents/s121946/Commissioning Plan for Education Provision in Kent 2024-28.pdf

As Leader of Kent County Council, I agree to:

(i).      Release £200,000 of capital funding from the Children’s, Young People and Education Capital Budget to enable works to be completed to open the SRP;

(ii).      Authorise the Director of Education on behalf of the County Council to enter into capital and revenue funding agreements with the Turner Schools Trust; and

(iii).     Authorise the Director of Education to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts.

Proposed decision – The Cabinet Member for Education and Skills is asked to:

a)     Authorise the allocation of £2,545,790.41 from the High Needs Provision Capital Allocation budget to fund the permanent expansion of Snowfields Academy, by increasing the Designated Number from 280 to 340 places from September 2024.

b)     Authorise the Director of Infrastructure, Strategic and Corporate Services in consultation with the General Counsel and Director of Education to enter into any necessary contracts/ agreements on behalf of the County Council with the Leigh Academies Trust.

c)     Authorise the Director of Infrastructure, Strategic and Corporate Services to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts.

AND IN THE EVENT OF:

d)     any decision being taken by any party that prevents the Leigh Academies Trust’s proposal for the new secondary school on the Minister site proceeding to completion suspend the authorisation at a) above.

Reason for Decision:

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 (KCP) 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 plan can be viewed from this link:

Commissioning Plan for Education Provision - Kent County Council

The LA is responsible for issuing and maintaining Education Health and Care Plans (EHCPs) for children and young people between the ages of 0-25 years.  As of January 2023, this totalled 18,930 children and young people with an EHCP in Kent.  This is an increase of 1,197 (6.8%) since January 2022. In England, the number of children and young people with EHC plans increased to 517,000, in January 2023, up by 9% from 2022. The number of EHCPs have increased each year since 2010. Autistic Spectrum Disorder (ASD) remains the most common primary need type with 42.7% of children and young people with an EHCP (0-25 years) having ASD identified as their primary need.  This is an increase from 41.2% on January 2020.

Background

Leigh Academies Trust (LAT) is taking part in the consultation on the closure of Oasis Academy Isle of Sheppey and the S10 process for the opening of two new secondary schools: Leigh Academy Minster on the existing Oasis Academy Isle of Sheppey (Minster campus) and EKC Schools Trust Sheppey Secondary (Sheerness site). As part of Leigh Academy Trust’s proposal for the new secondary school on the Minister site, it is proposed to establish a satellite of Snowfields for up to 60 students in separate bespoke accommodation on the mainstream school site for September 2024, however the establishment of the satellite may be delayed to September 2025 due to when the refurbishments are able to start on site and complexity of the refurbishments.

LAT has undertaken a consultation on the establishment of the satellite of Snowfields from 6 November 2023 to 4 December 2023 and the outcome of the consultation will be included in the report to the Children, Young People’s and Education Cabinet Committee on 16 January 2024.

The 60 place satellite of Snowfields will help to address the numbers of children and young people with an EHCP who require a specialist place, travelling off the Island to access an appropriate education. Snowfields (Cranbrook) already takes 17 children from the Isle of Sheppey. More than 160 children (primary and secondary with ASD/ PSCN /Speech Language and Communication needs) currently travel off the Island for their specialist provision. This is displacing children who are new to the areas where the special schools are sited further afield to access their education.

Options:

Snowfields Academy has a local cohort of children from the Maidstone area, but also admits pupils from a wider area across the county.  There is currently no special needs provision on the Isle of Sheppey for pupils with an EHCP for ASD and therefore pupils are travelling off the Island to access a specialist place for their education. The provision of additional places on the Isle of Sheppey will reduce the travelling distances and times for future cohorts of pupils on Sheppey and provide much needed additional SEND provision.

How the proposed decision meets the objectives of ‘Framing Kent’s Future – Our Council Strategy (2022-2026):

This proposal will help to support Framing Kent’s Future – Our Council Strategy (2022-2026) 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.’

How the proposed decision supports Securing Kent’s Future:

This proposal helps to meet the targets set out within KCC’s Safety Valve Programme, providing additional maintained special school capacity that will support a reduction in placements within the higher-cost independent and non-maintained special school sector. It also provides specialist capacity on the Isle of Sheppey, reducing the numbers of children having to travel off the Island for their provision, thereby improving the experience of the young people and reducing the costs to the SEN transport budget.

The proposal also supports KCC’s SEND Strategy 2021-2024. The aim of the SEND strategy is to improve the educational, health and emotional wellbeing outcomes for all of Kent's children and young people with special educational needs and those who are disabled.

Financial Implications

Capital

The project will ensure the satellite has its own dedicated accommodation of 5 classrooms and additional intervention spaces and dining facilities. The capital costs and total budget for the refurbishment will be £2,545,790.41. The £2,545,790.41 will be funded through the High Needs Capital budget and would be subject to a Funding Agreement being put in place with the Academy Trust. The current total High Needs budget for 23-24 to 25-26 is £40.5m.

Revenue

As per KCC policy a total of £6,000 per newly provided learning space will be provided to the school from the DSG revenue budget.

The anticipated revenue budget for the 60 places at the satellite at Leigh Academy Minster on the existing Oasis Academy Isle of Sheppey (Minster campus) will be based on the ASD need type rate which is currently £20,065.

The cost of 60 places on the ASD rate per year would be £1,203.900.

The average cost of an independent special school place in the county is £41,448. 60. 60 places at the average independent rate would cost £2,486,916 per year.

As Cabinet Member for Education and Skills I agree to:

a)       Authorise the allocation of £2,545,790.41 from the High Needs Provision Capital Allocation budget to fund the permanent expansion of Snowfields Academy, by establishing a satellite of Snowfields on the Isle of Sheppey and increasing the Designated Number from 280 to 340 places from September 2024.

b)       Authorise the Director of Infrastructure, Strategic and Corporate Services in consultation with the General Counsel and Director of Education to enter into any necessary contracts/ agreements on behalf of the County Council with the Leigh Academies Trust.

c)       Authorise the Director of Infrastructure, Strategic and Corporate Services to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts.

AND IN THE EVENT OF:

d)       any decision being taken by any party that prevents the Leigh Academies Trust’s proposal for the new secondary school on the Minister site proceeding to completion suspend the authorisation at a) above.

Background information:

This is the first time that KCC has produced a Sufficiency Plan for Special Education Needs (SEN) Provision. Most Local Authorities now produce an analysis and plan that sits under their SEND Strategy and feeds into their Education Commissioning Plan and capital strategy for education provision.

Kent’s Commissioning Plan for Education Provision has included a section on Special Education Needs Provision; however, this has always been a high-level summary based on limited analysis and forecasting.

Options:

Commissioning recommendations for this first plan are limited by the need for the Special School, Specialist Resource Provision and Early Years reviews to complete. The outcomes and recommendations from these reviews will be key to informing future commissioning decisions. Commissioning recommendations from the SEND Sufficiency Plan will be reflected in Kent’s Commissioning Plan for Education Provision 2024 to 2028.

For post-16, actions are underway to meet demand regarding place planning, with engagement from all FE groups as part of multiple projects around access for students to mainstream settings.The phases of implementation of the SEND Sufficiency Plan will be influenced by the medium and longer-term commissioning decisions that result from the data presented. 

Cabinet agreed the Special Educational Needs Sufficiency Plan 2024-2028.

Background Information:

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 2024-28 (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.

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.

Cabinet agrees the Commissioning Plan for Education Provision in Kent 2024-28.