Proposed decision:

Approve the procurement of the property security element of the countywide Sanctuary Access for Eligible Residents (SAFER) Scheme and delegate authority to the Corporate Director Adult Social Care and Health to take relevant actions to facilitate the required procurement activity.

Reason for the decision:

Kent County Council (KCC) has a statutory responsibility under the Domestic Abuse (DA) Act 2021 to assess need, publish a strategy and commission Safe Accommodation support services to survivors of domestic abuse. Since 2021, the Department of Levelling Up Housing and Communities (DLUHC) has awarded a total of £12.6m new Grant funding to the council to support implementation of these duties until 2025.

Under the Act the definition of ‘safe accommodation’ includes refuges, Sanctuary Schemes, move-on, and dispersed accommodation.

A Sanctuary Scheme is a property where security or security measures have been installed, enabling survivors to remain in their own homes safely if they chose to do so. It also incorporates an element of specialist domestic abuse support to the individuals residing there.

The countywide assessment of need for support within ‘safe accommodation’ identified a gap in provision and found that there is not a geographically equitable Sanctuary offer across the county.

Options Considered & Disregarded:

Option 1 - Do nothing.The Needs Assessment has shown that there is not a consistent offer of sanctuary across the county, resulting in an in equitable offer of support to survivors and their children. Doing nothing will not address this identified gap in services and therefore the council will not be meeting its statutory duties.

Option 2 – Delegate funding and responsibility for delivery of property security measures to district and boroughs across Kent and commission support for adult survivors residing in properties where measures have been applied. It is recognised that this would likely result in multiple procurements and the opportunity for efficiencies through collaborative commissioning would be lost. There would be 12 separate sanctuary offers across the county with separate referral routes, making pathways unclear for survivors and referrers.

Option 3 – Procure a Sanctuary Scheme (property security measures and support for adult survivors) for areas where there is not currently a provision in place only. (Canterbury, Gravesham, Thanet, Dover, Sevenoaks, Tonbridge and Malling and Tunbridge Wells) It is recognised that this would likely result in 7 separate sanctuary offers across the county with separate referral routes, making pathways unclear for survivors and referrers. All offers would need to ensure a clear pathway for the provision of support for adults and new support service for children (due to be procured in April 2023) It is viewed that option 3 would be challenging to implement and deliver geographic equitability and the opportunity to achieve full efficiencies through collaborative commissioning would be lost. 

Option 4 - Procure a countywide Sanctuary Scheme including Single point of access, Property security and Support package for adult survivors.This is the preferred option. It will support the council to address the findings of the needs assessment and meet its statutory duties by maximising the opportunities and offer of support within safe accommodation. In turn removing barriers to underserved groups in accessing existing safe accommodation and improving the councils offer to survivors of domestic abuse. Developing one service offer will create geographic equitability and clear referral pathways. One contract and procurement exercise will create economies of scale and efficiencies. There is also the opportunity to utilise existing contractual arrangements in place which will create further efficiencies. Commissioning and procurement resources are in place within the county council.

Service design:

Kents proposed Sanctuary Access for Eligible Residents (SAFER) Scheme has been co-designed through extensive engagement with survivors, stakeholders, the market, and other Local Authorities with similar successful schemes.

There are 3 main aims/objectives for SAFER including, but not limited to:

1.    Enable people to remain in their own homes, within their local support networks.

2.    Improve safety, health, and wellbeing.

3.    Prevention of harm

Additional outcomes of the scheme will hopefully also see:

·  Reduction in risk.

·  Victim/s able to remain within their local support networks (family/friends etc)

·  Enable families to remain together.

·  Improved access to support for underserved groups

·  Reduction in repeat offences.

The countywide SAFER Scheme will be split into three service elements.

This proposed decision is in relation the Property security element and it is proposed this service element is procured through a competitive procedure.

Financial Implications:

Since 2021, the Department of Levelling Up Housing and Communities (DLUHC) has awarded the council £12.6m in new Grant funding, to support implementation of these duties until 2025.

The proposed contract start date for the property security service is 1 August 2023 and will be funded in full by the council’s DA Act funding allocation. The proposed contract length is two years with two one-year extension options. Delivery will be by preferred bidders identified following a competitive tendering exercise.

Financial modelling has been undertaken based on extensive market consultation and engagement with other local authorities who have implemented a similar scheme.

The table below outlines the costs to KCC for the initial two years and extension options and can be met within the council’s approved budget.

To ensure a sustainable offer, engagement will commence with all stakeholders to seek ongoing funding for the property security measures and development of an integrated, partnership funded service from year three, if Government grant funding does not continue.

Data Protection Implications:

A full Data Protection Impact Assessment (DPIA) will be developed and amended as necessary for the new service.

Proposed decision:

Extension of current Kent Advocacy Hub and Mental Health Assessment contracts for a period of up to four months;

Award contracts to successful providers for the provision of Community Services Contracts (Mental Health Assessment and Independent Advocacy Services);

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; and

Delegate authority to the Corporate Director Adult Social Care and Health, in consultation with the Cabinet Member for Adult Social Care and Public Health and the Corporate Director Finance, to agree the relevant contract extensions as required.

Reason for the decision:

The Authority has statutory duties to deliver independent advocacy services under the Mental Capacity Act (amended 2019), the Mental Health Act (2007), the Health and Social Care Act (2012) and the Care Act (2014), across all categories of need, including to young people in transition to adult services. The contract awards ensure the council meets the requirements of Advocacy, Deprivation of Liberty Safeguards and Liberty Protection Safeguards.

Decision No. 22/00004 was taken on 9 February 2022 to tender for new Advocacy Services contracts. The council’s current contracts for Independent Advocacy Services and Mental Health Assessment Services both expire on the 31 March 2023.

A procurement process is underway to replace these contracts to ensure the continuation of the statutory services that they provide.  The extension to the current contracts for Independent Advocacy Services and Mental Health Assessment Services will allow for a period of transition between contracts as may be required to ensure that Kent citizens are not adversely affected by the change.

Alternatives considered and rejected:

Do nothing: the contracts will end on 31 March 2023 with the Authority still obligated to deliver statutory functions, but these will be at increased cost, spot purchased, and deliver inconsistent and fragmented services.

Extend the current contracts for a longer period: This offers limited scope to develop the service in the future and as it does not comply with the Public Procurement Regulations (2015), increasing the risk of challenge to do so.

Data Protection implications:

A Data Protection Impact Assessment will be completed as part of the contract mobilisation process.

Proposed Decision:

To award an annual contract that can be renewed/extended up to two times, for provision of Post-Mortem (PM) facilities to the Dartford and Gravesham NHS Trust, East Kent Hospitals University Foundation Trust, Maidstone and Tunbridge Wells NHS Trust and Medway NHS Foundation Trust.

Background and Reason for the Decision:

The Coroners and Justice Act 2009 places a duty on Coroners to investigate deaths that are referred to them if they have reason to think that:

-       The death was violent or unnatural;

-       The cause of death is unknown; or

-       The deceased died while in prison, police custody or another form of state detention, for example, where a Deprivation of Liberty Safeguard Order (DoLS) is in place.

In some cases, the Coroner will order a post mortem (PM) to establish the cause of death, and in such cases, the deceased is taken to a pre-designated mortuary for this purpose. On behalf of the Kent Senior Coroners, KCC ensures access to body storage and PM facilities across the four Kent coroner areas.

KCC does not have its own public mortuary facility and so like many other coroner areas across England and Wales it relies on local NHS hospitals which have the necessary facilities for this purpose; there are no private sector providers of PM facilities anywhere in England and Wales.

All four of the contracts for body storage and PM facilities for the four Kent coroner areas expire on 31 March 2023 and it is necessary to put in place new contracts to secure this critical service, at which point new contracts can be awarded. Contract terms have been updated and developed using our findings and in line with KCC’s future needs, including the implementation of the Digital Autopsy (DA) service. An annual contract that can be renewed/extended will allow more time for KCC to determine DA’s direction of travel and develop a contractual arrangement that complements the DA service once it goes live.

Options (other options considered but discarded):

Option 1: Do nothing

This is a statutory service, and unless contracts are put in place the system of coronial death investigation and certification in the Northwest Kent, Northeast Kent and Central & Southeast Kent coroner areas will fail. The Council will also be at risk of receiving an inconsistent provision and quality of service, a lack of control over costs, and subsequent reputational ramifications.

Option 2: Go out to tender Competitive Tender Process

There are no private sector organisations within this marketplace locally, and previous experience of mortuary use outside of Kent has not delivered a suitable service. A competitive tender process will not yield a competitive process.

Option 3: Use a framework or other viable contract mechanism

There are no known frameworks or other viable mechanisms for the provision of mortuary facilities in England and Wales.

Option 4: One NHS Trust delivers all PMs

No single facility can accommodate the number/level of PMs.

Option 5: Renew contract through single source procurement Direct award new contracts to the NHS Trusts

Direct award new contracts to the NHS trusts through the regulation 12 exclusion permitted within PCR15. This option is recommended given the very specialist nature of the work and the absence of any alternative providers with sufficient capacity in Kent or nearby adjoining areas.

-       How the proposed decision supports Framing Kent’s Future 2022-2026: (https://www.kent.gov.uk/about-the-council/strategies-and-policies/corporate-policies/our-council-strategy)

The proposed Digital Autopsy facility, to which these contracts are directly linked, supports Priority 2: Infrastructure for Communities via a further digitalisation of KCC’s service offer, and finding better ways to deliver services for Kent. This short-term flexible contract allows for DA to come in midway through the contract period.

Financial Implications:

Unless contract renewals are put in place, the NHS Trusts can charge as much as they want for the provision of mortuary services. The new contracts will provide service continuity and cost certainty in times of current double digit inflation uplifts if no contract were in place.

The contract with East Kent NHS Trust is a fixed fee regardless of activity levels and is paid in 6 equal instalments, however the discussions for the new contract will include payment based on activity levels. The contracts with the other NHS Trusts are charged on a cost per PM basis.

In 22/23, including capital and revenue across the whole project or the full lifetime of the contracts, the total cost was £1,350,635.75, 23/24 is still pending negotiation.

The Coroners service cover Kent and Medway and Medway are charged an element of all costs based on population numbers.  Currently they are charged approx. 15% of all Coroner costs.

Arrangements are in place with the NHS Trust Mortuary Services to make provisions for the temporary and longer-term storage of the deceased while under the jurisdiction of the Kent and Medway coroners. This will include the provision of refrigerated and deep freeze storage. The Trusts will make suitable provisions for alternative storage of the deceased should fridge or freezers be dysfunctional, or capacity is exceeded during exceptional circumstances.

Pending negotiations, the new contracts will also give us the option of terminating after 12 months with a notice period of 6 months.

Data Protection Implications:

A Data Protection Impact Assessment screening form has been completed, which concludes that a DPIA is not required.

Proposed decision:

To adopt the Country Parks Strategy 2023-28.

Reason for the decision:

The Kent Country Parks Service manages nine country parks and three smaller countryside sites across the county. The current strategy ran from 2017 – 2021 and as such a new strategy was drafted during 2021/22, informed by an informal Members’ Working Group. The draft 2023 – 2028 Strategy was consulted upon from 4^th October 2022 to 12^th December 2022, following its endorsement by the Growth, Economic Development and Communities Cabinet Committee in March 2022. The results of the consultation have been received and incorporated into the Strategy as appropriate, and the 2023-28 Strategy is now considered ready to for adoption.

Background:

The Kent Country Parks Service:

·     Receives 1.6 million annual visitors;

·     Benefits from regular volunteering opportunities at five sites and over 10,000 volunteer hours per year;

·     Delivers environmental education, Forest Schools and nature-themed birthday parties to 7,000 children per annum;

·     Incorporates over 30km of accessible routes;

·     Offers accessible Changing Spaces toilets at three sites;

The proposed strategy put forward three Strategic Aims:

1.   Provide a Country Park network of well-connected high quality and biodiverse greenspace across Kent.

2.   Sustain and manage visitor numbers to our Country Parks by always providing a quality customer experience alongside a comprehensive environmental education service, facilities, events, and activities that encourage increased or repeat visits especially amongst under-represented groups. 

3.   Consolidate the financial sustainability of the Country Parks through maximising self-financing and external funding opportunities.

Options (other options considered but discarded):

Not to revise the Strategy. This was rejected as Country Parks make a significant contribution to wider outcomes important to Kent County Council, including those in the strategic framework, ‘Framing Kent's Future 2022-2026’.

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

(https://www.kent.gov.uk/about-the-council/strategies-and-policies/corporate-policies/our-council-strategy)

The Country Parks make a significant contribution to all outcomes in the strategic framework:

Priority 1: Levelling Up Kent

·     Providing apprenticeships and volunteering opportunities.

·     Providing local opportunities for Kent residents to exercise outdoors through our network of trails, trim trails and both formal and informal walks and events.

Priority 2: Infrastructure for Communities

·     The Country Parks are managed for biodiversity and actively seek opportunities for biodiversity enhancement. The Country Parks contain Sites of Special Scientific Interest, Local Wildlife Sites, and four of the parks are situated within the Kent Downs Area of Outstanding Natural Beauty.

·     The Country Parks offer regular conservation volunteering opportunities.

·     Country Parks staff lead on the Kent and Medway Green Social Prescribing Forum and actively seek opportunities to link the Country Parks with Public Health initiatives as well as links with charitable organisations and partners.

·     The Country Parks engage with Children and Young People through a range of school-based, educational activities, holiday events for families, toddler groups and more.

Priority 3: Environmental Step Change

·     The Country Parks are linked to the Public Rights of Way network and promote these through signage and interpretation.

·     The Country Parks management plans are linked to Kent’s Plan Bee and actively managed for pollinators.

·     Country Parks staff take part in the Kent Nature Partnership’s Management Working Group and are actively seeking ways to maximise nature-based solutions through delivery of the Kent Environment Strategy.

Priority 4: New Models of Care and Support

·     Country Parks staff collaborate regularly with other Kent County Council teams such as Community Safety, Active Kent and Medway and Public Health to establish a joined-up approach to prevention.

Data Protection Implications:

There are no data protection implications arising from the adoption of the Strategy.

Reason for the decision:

Current contracts end on 30 April 2023 (Locate in Kent) and 31 March 2023 (Visit Kent).

Background:

Locate in Kent provides inward investment services to help support Kent businesses to expand within Kent and to attract business investment into Kent. It has a proven track record of success. Visit Kent promotes the Kent visitor economy which is a major contributor to the Kent economy.

The proposed one-year extension will allow time for Locate in Kent and Visit Kent to make organisational changes to reflect reduced budget allocation following the approval of the KCC budget in February 2023 and for the Council to agree new and more focused output measures to be delivered by the two organisations.

Options (other options considered but discarded):

For each organisation to plan for budget reductions independently. This was rejected in favour of both working together to make savings in back office and administrative functions to ensure impacts to service provision are less impacted by the budget reductions.

How the proposed decision supports Framing Kent’s Future 2022-2026: (https://www.kent.gov.uk/about-the-council/strategies-and-policies/corporate-policies/our-council-strategy)

Inward investment and promoting the visitor economy supports Priority 1, Levelling up Kent.

Data Protection implications:

The current agreements with Locate in Kent and Visit Kent require the two organisations to comply with the Data Protection Act and the General Data Protection Regulations (GDPR). These will carry forward with the extension of the agreements.

Proposed decision.

i.         Agree to increase the funding allocated to expand Borden Grammar School from £6,975,000 to £8,950,282 through providing £1,975,282 additional funding from the Basic Need capital budget.

ii.        Authorise the Director of Infrastructure in consultation with the General Counsel and Director of Education to enter into any necessary contracts / agreements on behalf of the County Council.

iii.       Authorise the Director of Infrastructure to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts. Variations to contract value to be no more than 10% above the capital funding agreed by the Cabinet Member without requiring a new Record of Decision.

•         Reason for the decision

Additional funding of £1,975,282 is required for the expansion of Borden Grammar school by 1FE from September 2024. Additional costs have been identified since the decision to allocate £6.975m to this project.

The revised project cost is now £8,950,282. As the revised project cost is more than the ROD of £6,975,000 (22/00011) a new ROD is required to authorise the additional funding for this project.

•         Background

The Kent Commissioning Plan (KCP) 2020-2024 identified the need for additional selective places for the Sittingbourne and Sheppey Planning group. The Kent Commisioning Plan 2021 - 2022 forecasts indicted a deficit of up to 64 Year 7 places for 2022 and a continual need through the plan period of between 1.5FE and 2.5FE of additional selective school places. Discussions have been held with both grammar schools in Sittingbourne and each school has agreed to progress a 1FE expansion, delivering a total of 60 additional places from September 2022 on a tempory basis with a subsequent permanent expansion.

It was agreed to expand Borden Grammar School by 1FE and allocate funding of £5.460m at the Children’s, Young People and Education Cabinet Committee on 14 September 2021. (Decision number 21/00069) and additional funding was subsequently agreed to increase the allocation to £6.975m in at the Children’s Young People and Education Cabinet Committee on 1 March 2022 (Decision number 22/00011)

•         Options (other options considered but discarded)

There are two grammar schools in Sittingbourne, and they have both agreed to a 1FE expansion. Neighbouring planning groups, including Faversham and Canterbury Selective and Maidstone Selective planning group, have a deficit of year 7 places.

•         How the proposed decision meets the objectives of ‘Increasing Opportunities, Improving Outcomes: Kent County Council’s Strategic Statement (2015-2020)’

This proposal will help to secure our ambition “to ensure that Kent’s young people have access to the education, work and skills opportunities necessary to support Kent business to grow and be increasingly competitive in the national and international economy” as set out in ‘Increasing Opportunities, Improving Outcomes: Kent County Council’s Strategic Statement (2017 - 2022)’.

The Commissioning Plan for Education Provision in Kent 2020-24 identified the need to commission additional capacity in Sittingbourne Selective Schools.

Proposed decision –

(i).      Release a further £15,924,438 of capital funding from the Children’s, Young People and Education Capital Budget to enable the delivery of the satellite to be completed;

(ii).      Authorise the Director of Infrastructure in consultation with the General Counsel to enter into any necessary contracts / agreements on behalf of the County Council; and

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

Background –

The Beacon Folkestone is a special school for pupils with Profound Severe and Complex Needs (PSCN).  There is no PSCN special school in Dover district, provision has hitherto been made through Specialist Resourced Provision at Whitfield Aspen School (primary) and Dover Christ Church Academy (secondary), together with pupils travelling to special schools in Canterbury, Thanet and Folkestone. In March 2020 this Committee considered a proposal to expand The Beacon School via a satellite site at the former Walmer Science College, Dover, following which the proposal was approved by the Cabinet Member for Education and Skills.   

The report of March 2020 stated that the estimated cost of delivering the satellite, at that point 168 places, had been estimated at £4m, with the first phase costing £1.6m.  This Committee recommended the proposal be amended to deliver 240 places, rather than 168, to enable the satellite to deliver two forms of entry throughout the age structure.  It was recognised this would increase the cost.  This recommendation was endorsed in the final decision (20/00001). 

The costs of delivering this satellite have increased significantly.  The first phase of the satellite opened in April 2021, following the upgrading of a detached block at the College.  This provides 64 places for pupils aged 4-8 years at a cost of £3.1m.  The full scheme is now expected to cost £19,924,438.  Details as to why are set in the report to CYPECC.

How the proposed decision meets the KCC objectives

The commissioning Plan for Education Provision In Kent states that: our (KCC’s) vision is that every child and young person should go to a good or outstanding school.  The proposal supports that vision.

The SEND Strategy 2021-24 has five priorities.  The proposal will support the following priorities :

·       Priority Four: Improve education, care and health outcomes for children and young

·       people with SEND.

·          Priority Five: Ensure children and young people with SEND are included in their local community.

Proposed Decision:

The Cabinet Member for Adult Social Care and Public Health is proposing to take a decision to:

1.    Extend the current NHS Health Check System contract by six months to end on 31 March 2024.

2.    Commence a formal procurement activity in June 2023 for a new NHS Health Check System contract to start on 1 April 2024, for an initial period of 5 years with the option of two 12-month extensions. 

3.    Delegate authority to the Director of Public Health to award a new contract and take relevant action, including, but not limited to, finalising the terms, entering into a contract and other legal agreements, as necessary to implement the decision. 

Reason for the decision:

Kent County Council (KCC) has a statutory responsibility to provide the NHS Health Check programme which is delivered by Kent Community Health Foundation Trust (KCHFT), General Practitioners (GPs) and Pharmacy.

Delivery of this programme has been challenging since COVID-19 and there are opportunities to deliver the service differently. A review has commenced which will look at both the clinical and cost effectiveness of the programme and make recommendations on the future service and contracting model.

An IT system is required to facilitate effective delivery of the programme, including data capture, the invitation process and national reporting. KCC has contracted with Health Diagnostics since 2018 and the current contract comes to an end on the 30 of September 2023, following previous extensions.

To allow time for the review to conclude, a further six months extension is needed for the system, meaning the contract will come to an end in March 2024.

The NHS Health Check system supports the councils’ legal responsibilities to deliver the NHS Health Check programme. It is recommended for the council to conduct a competitive procurement in June 2023 and award the contract following this compliant process.

Background

Local authorities are mandated to provide the NHS Health Check programme via The Local Authorities Regulations 20131.

The NHS Health Check programme benefits from a suitable system as it supports:

·         Provision of a set of standardised tests to provide a Cardiovascular Disease (CVD) risk score for the patient.

·         Education around risk factors for common long-term conditions and promotion of a healthier lifestyle via a one-to-one health conversation with a medical professional.

·         Prevention and earlier detection of disease which can improve the quality of life and outcomes for the patient as well as saving money for the wider health system and reducing demands on staff resource.

·         Referrals to the appropriate service including healthy lifestyle services and the patient’s general practice to ensure the patient commences the appropriate pathway to improve their situation.

The system will ensure the eligible population is invited, assist with the operational processes, including user experience, secure data capture of confidential information, and monitoring of the performance. It will ensure that the programme is provided effectively, and it supports KCC to meet its statutory obligations of delivering the NHS Health Check Service and reporting outcomes to Office of Health Improvement and Disparities (OHID).

Options (other options considered but discarded)

Decommission the service - Decommissioning the service was concluded as a non-viable option as the system supports the mandated NHS Health Check Programme. Not providing a system for providers of the NHS Health Check and requesting that they revert to other methods (such as using paper forms, manual reporting and invoicing) was deemed a not suitable option. It would move away from an automated approach, risking increased errors and losing the structured, logical, and standardised approach to providing consistent NHS Health Checks across the county. This option would likely put KCC at reputational risk, Primary Care may disengage with the programme or request additional funding and furthermore, the outreach team delivered by KCHFT would need to find other solutions in facilitating the NHS Health Check.

Hybrid model – Commissioners looked at whether systems already in place in Primary Care can be used to meet the requirements. This would involve using various Integrated Care Board systems to facilitate the NHS Health Check, such as EMIS. Analysis suggested that this could cause fragmented commissioning, with different systems having to be updated to meet the needs of the requirements. The cost modelling for these upgrades and additional time needed for staff to collate the data showed that it would be more costly to commission in this way and KCC would have less control when changes are needed.

How the proposed decision supports the Council’s Strategy 2022-26:

This system contributes to ‘Priority 1: Levelling up Kent’ of the Framing Kent’s Future Our Council Strategy 2022-2026 as it supports the NHS Health Check programme, which is a preventative approach into improving the population health.

This system will also contribute to ‘Priority 4: New Models of Care and Support’ as the data that is collected through the system can be used to support commissioning and decision making to support those who are in most need of a health check.

Financial Implications:

The yearly value for a system is variable as it depends on the number of licenses made available, volumes and the type of invitations sent (text/letter). Part of the contract costs includes a payment which is passed through to a mail house service to pay for postage and packaging of the invitation letters as well as text messaging invitations.

Current extension and requested extension to current service.

The estimated costs of the requested six-month extension will be £166,369. This consists of £109,750 for the system and the remainder for invitation costs.

New Commissioned Service

The service period has been recommended to span an initial term of five years followed by two optional 12-month extensions, dependant on satisfactory performance being met and the requirement still being relevant.

The estimated budgetary commitments throughout the contractual lifespan equates to £2,672,378.

Efficiencies and cost saving will be made throughout the life of the contract depending on effectiveness of pilots and the outcome of the review.

Legal Implications:

Extension: Additional legal advice has been sought in relation to the contract extension and is set out below:

“KCC is relying upon Regulation 72(1)(b) of the Public Contracts Regulations 2015 (“PCR 2015”) to make this contract extension of 6 months. The conditions of Regulation 72(1)(b) are met in that a contract extension is required for economic and technical reasons, a change of provider any sooner would cause significant inconvenience and/or a substantial duplication of costs for KCC and the value of the contract extension does not exceed 50% of the contract value. A modification notice will be published accordingly in compliance with Regulation 72(3) PCR 2015.”

Procurement: Local authorities are mandated to provide the NHS Health Check programme via The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2013. This competitive tendering exercise will enable a system to be in place and facilitate all aspects of the NHS Health Check programme, enabling Kent to remain compliant with these regulations. Public entities, including KCC, are bound by the Public Contract Regulations 2015 (PCR). PCR have been and will be applied throughout the procurement process.

In consideration of the above, should the decision be agreed, officers will inherit delegated authority via the Officer Scheme of Delegation, to proceed with all the necessary steps to procure an NHS Health Check system including the advertisement, management of a competitive tendering exercise, and award of the contract.

Equalities implications:

An Equality Impact Assessment has been created which identified that the system will need to conform with Accessibility Regulations 20182, which will form part of the tender requirements and is a current requirement of the system. Once a provider has been awarded the contract, commissioners will review the EQIA and work with the supplier to ensure that appropriate action is taken to place to reduce any barriers of using the system.

Data Protection implications:

A Data Protection Impact Assessment (DPIA) screening tool has been completed and the recommendation was for a full DPIA to be completed for the service once a successful provider is identified. Overall, there are no anticipated data implications associated with this activity because there will be no significant change to the existing service, nor to the data collected and shared.

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 –

Adopt the Kent Drug and Alcohol Strategy 2023-2028 and delegate authority to the Director of Public Health to refresh and/or make revisions as appropriate during the lifetime of the strategy.

Reason for the decision – The previous Kent Drug and Alcohol Strategy ran from 2017 to 2022 and was a joint strategy with Kent Police. During 2021/2022, a number of new issues came to light, firstly, the Dame Carol Black report, and the government’s new drug strategy, “From Harm to Hope”, which prompted local areas to create a combating drugs plan, secondly, as a result of increasing drug deaths in Kent and increasing alcohol consumption during COVID-19 the risks to the most vulnerable have increased, thirdly, a new partnership structure in Kent is in place. These three issues mean that it is important to have this new and refreshed Drug and Alcohol Strategy for Kent to tackle the substance misuse harms for the next 5 years, which was developed in partnership and has completed public consultation.

The new Kent Drug and Alcohol 5-year Strategy

The new strategy takes a whole system approach, improving the range of partners signed up to the Kent Alliance for Substance Misuse (including social care and safeguarding) and making better links to NHS. It is a partnership strategy which aligns visions and priorities across the Alliance.

The Alliance is now Chaired by the Cabinet Member for Adult Social Care and Public Health. The Alliance’s governance is both to the Kent and Medway Health and Wellbeing Board and the Kent Community Safety Partnership, and will also be accountable to the Integrated Care Board via the health inequalities subgroups.

The Substance Misuse Alliance along with the new executive group will drive the new Strategy forward. The new Strategy has been informed by a council-to-council quality improvement peer review in 2020. The new Strategy has 13 key priorities and aims to prioritise the causes and the consequences of drug and alcohol harm. It will also seek to implement a range of harm reduction strategies and ensure there are quality services for the very high-risk families, vulnerable people and communities.

The draft Strategy has been endorsed by partners via the Kent Substance Misuse Alliance. The public consultation supported the 13 priorities and gave good guidance for the specific objectives and suggested actions that will be feature in those plans e.g. strengthening carer and service user engagement.

Risks: The risk of not having a partnership wide strategic plan will leave Kent vulnerable to poor co-ordination, duplication of funding, confusion across the system, poorer communication, and poor opportunities to work together; ultimately for people not using our substance misuse services.

Supporting Challenges: The proposed decision supports the Council’s Strategic Statement – Framing Kent’s Future in relation to economic challenge, demand challenge, partnership challenge, and financial challenge.

Proposed Decision:

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

1.       authorise the granting of a new lease, for a term in excess of 20 years, in order for a new electricity substation to be built within the school grounds. This will serve new operational accommodation and development within the school grounds; and

2.       authorise 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 decision.

Reason for the Decision

KCC is converting and upgrading the heating system at St Edmunds Church of England Primary School in West Kingsdown.  In order for the new air source heat pumps to be commissioned and become operational, a new electricity substation is required to be provided on the school site by UK Power Networks and therefore requires Kent County Council (KCC) to grant them a lease of a term of 99 years. 

Background

KCC is currently converting and upgrading the heating system from oil to a much more efficient air source heat pump system following the receipt of external funding. The air source heat pumps cannot be powered by the existing electricity supply to the school.  In order that an adequate electricity supply can be provided for the new pumps, 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 air source heat pumps cannot be operated via the school’s existing electricity supply, and the substation is necessary to ensure the new plant can be completed and brought into use.

Proposed decision –

(i)             Agree to the proposal to rebuild and expand Teynham Parochial CEP Primary School from 210 to 420 places increasing the published admission number (PAN) from 30 to 60 for September 2025 (1FE to 2FE) from September 2025.

This decision is conditional upon planning permission being granted.

·     Reason for the decision

Agreement is required to rebuild and expand Teynham Parochial CEP Primary School from 210 to 420 places increasing the published admission number (PAN) from 30 to 60 for September 2025 (1FE to 2FE). The proposal includes demolition and rebuilding of the current school due to the building condition and complexity attached to expanding the current building. It therefore proves more cost effective and efficient to rebuild and expand. Project costs have been estimated at £10,000,857 The proposal will be brought back to Children’s, Young People and Education Cabinet Committee for a further decision on the allocation of Capital budget and to gain permission to issue a public notice.

·     Background – Provide brief additional context

The current primary school building was constructed circa 1970 as a temporary building using a basic SEAC component type construction. The building is now approximately 50 years old and shows many symptoms associated with being beyond economic repair, making it difficult and costly to expand and more cost effective to re-build. We are proposing to permanently increase the size of the school by 1FE to meet the primary school pupil needs in Teynham related to housing developments in the area.

Current plans are to construct the new school first and subsequently demolish the current school building, plus provide a multi- use games area (MUGA) on the location of the old school. The expansion in the number of pupils would be a gradual process from September 2025 onwards. The additional places will enable the school to run a two form of entry school starting in September 2025 when the published admission number would increase from 30 to 60.  The school capacity would grow each year, finally reaching a capacity of 420 in 2031.

·     Options (other options considered but discarded)

Consideration was given to expanding the current school building by 1 form of entry; however the building is now approximately 50 years old and shows many symptoms associated with being beyond economic repair, making it difficult, risky and costly to expand and more cost effective to re-build the school.

• The option of delaying the school was considered and 2025 represents a delay from the opening date originally planned. One of the housing developments has already built-out, another is in planning and a third has gone to appeal.

•         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.’

The Commissioning Plan for Education Provision in Kent 2021-2025 sets out the need for commissioning additional school places in Kent.

·     Financial Implications

Capital

A feasibility study estimated final costs at pre planning stage at £10,000,857. The project includes a total rebuild of the whole school designed to BB103.

The expansion of Teynham school is also linked to new housing developments in the Teynham area. A total of £3,851,155.89 in developer contributions has been requested with £1,413,243.89 agreed and £2,437,912 still requested. A total of £201,844.17 has been collected.

This would indicate a KCC Capital Contribution of £6,149,701 would be require and is expected to be funded from Basic Need Capital Programme. However, this is subject to a further key decision by the Cabinet Member for Education & Skills once planning permission and final costings have been agreed. 

Revenue

Revenue costs of expanding the school under basic need is expected to be fully funded from the ring-fenced Dedicated Schools Grant: School Block. Available revenue funding will be allocated in accordance with the prevailing Kent County Council School’s Growth Funding Policy. The current funding offer is:

• a total of £6,000 per new classroom will be provided to the school to support initial set up costs.
• Guaranteed funding for the first three years to support the school financially to ensure it can put in place a staffing structure to provide the school places required (this will be reviewed closer to the time of opening).

There are no revenue Council General Fund implications expected from this proposal.

Proposed Decision:

To award a 12 month extension to the contract for the provision of post mortem (PM) facilities to Dartford & Gravesham NHS Trust.

Background

The Coroners and Justice Act 2009 places a duty on Coroners to investigate deaths that are referred to them if they have reason to think that:

• The death was violent or unnatural;
• The cause of death is unknown; or
• The deceased died while in prison, police custody or another form of state detention eg where a Deprivation of Liberty Safeguard Order (DoLS) is in place

In some cases the Coroner will order a PM to establish the cause of death and in such cases the deceased is taken to one of 5 NHS mortuaries across Kent and Medway located at Margate, Ashford, Dartford, Tunbridge Wells and Gillingham.

On behalf of the Senior Coroners, KCC ensures there is adequate storage capacity for coroner’s bodies and that the oroners have access to PM facilities.  KCC does not have its own public mortuary facility, and so like many other coroner areas across England and Wales it has no choice but to use local NHS hospitals which have the necessary facilities for this purpose; there are no private sector providers of PM facilities anywhere in England and Wales.

The contract with Dartford & Gravesham NHS Trust expired on the 30^th September 2021 and it has been necessary to put a contract extension in place to secure this critical service until such time as the proposed Digital Autopsy facility at Aylesford opens for business, currently estimated for August/September 2022. The Trust is agreeable to extend the contract for 12 months as this will guarantee that all their fixed and variable costs are met, which is an understandable approach.  It has therefore been agreed that the contract will be extended from 1 October 2021 to 30 September 2022 and if need be, can be terminated early by KCC serving six months’ notice.

Proposed decision

Following a review of the 2016 Kent Minerals and Waste Local Plan, to approve and publish for public consultation (Regulation 18) proposed changes to the Kent Mineral and Waste Local Plan 2013-30 (the 2021 Review).

Background

The County Council has a statutory responsibility to plan for future minerals supply and waste management within Kent as set out in the National Planning Policy Framework 2021 (NPPF) and the National Planning Policy for Waste 2014 (NPPW). This responsibility is realised through the preparation of a Local Plan, in line with the Town and Country Planning (Local Planning) (England) Regulations 2012 (The Regulations).

The Kent Minerals and Waste Local Plan 2013-30 (KMWLP) was adopted by Full Council in July 2016 and subject to an early partial review of a limited number of policies in 2020 represents the planning policy framework for minerals and waste development in Kent. The KMWLP contains a number of policies relating to strategic planning for minerals supply and waste management capacity, as well as Development Management policies against which planning applications for these types of development should be assessed. The Plan also includes a number of policies related to the safeguarding of mineral resources and waste management facilities. 

The Regulations require Local Planning Authorities to review their Local Plans every 5 years.  This is to ensure that the policies remain relevant, conform to national policy and guidance and satisfactorily address the needs of the local community. Policies must be both legally compliant and sound, and in order to be considered sound they should meet the tests of being positively prepared, justified, effective and compliant with national policy. The Plan was partially reviewed in 2020 in the KMWLP Early Partial Review 2020. 

In accordance with plan making requirements set out in the Regulations, the Council has undertaken a 5 year review of the 2016 adopted KMWLP and identified a number of policies as outdated or no longer meeting the tests of soundness. This assessment is set out in detail in the Review of the Kent Minerals & Waste Local Plan 2021. The identified changes needed to the 2016 Kent Mineral and Waste Local Plan form the basis for the next plan making cycle.

Revisions are proposed to the Local Plan to principally reflect changes in national policy and guidance since 2016. These include amongst others changes to the National Planning Policy Framework, government policy and guidance on the achievement of a circular economy and those concerned with climate change and protection and enhancement of the natural environment. Revised draft policy and supporting text has been prepared. To satisfy the requirements of the Plan Making Regulations, consultation is now required on the proposed revisions to the adopted Plan so as to inform and influence future local plan work and the version that the Council will ultimately submit for examination to the Planning Inspectorate.

How the proposed decision meets the objectives of ‘Setting the Course’: Kent County Council’s Interim Strategic Statement (December 2020)

The Kent Minerals and Waste Local Plan delivers the Council’s adopted Mineral and Waste planning strategy and policies and is important in the determination of planning applications in Kent. A local plan is in accordance with national planning policy and guidance and provides a local perspective.  It supports the County Council’s corporate policies contained within the Council’s Setting the Course – Kent County Council’s Interim Strategic Plan 2020, which sets the Council’s priorities until 2022.

Kent’s mineral and waste planning policies support and facilitate sustainable growth in Kent’s economy. In addition, they support the protection and creation of a high-quality environment, with accessible local services that reflect the needs of the community. The proposed revised policy will reflect recent changes to the environmental agenda including mitigation and adaptation to climate change and Kent’s Climate Change Statement and measures to support covid recovery.

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. 

Proposed Decision

To award 12 month extensions to the contracts for the provision of post mortem (PM) facilities to East Kent Hospitals NHS Trust and Medway NHS Trust.

Further Information

The Coroners and Justice Act 2009 places a duty on Coroners to investigate deaths that are referred to them if they have reason to think that:

• The death was violent or unnatural;
• The cause of death is unknown; or
• The deceased died while in prison, police custody or another form of state detention eg where a Deprivation of Liberty Safeguard Order (DoLS) is in place

In some cases the Coroner will order a PM to establish the cause of death and in such cases the deceased is taken to one of 5 NHS mortuaries across Kent and Medway located at Margate, Ashford, Dartford, Tunbridge Wells and Gillingham.

On behalf of the Senior Coroner, KCC ensures there is adequate storage capacity for Coroner’s bodies and that the Coroner has access to PM facilities.  KCC does not have its own public mortuary facility and so like many other coroner areas across England and Wales it has no choice but to use local NHS hospitals which have the necessary facilities for this purpose; there are  no private sector providers of PM facilities anywhere in England and Wales.

The contracts with these two NHS Trusts expire on the 30^th September 2021 and it is necessary to put in place contract extensions to secure this critical service until such time as the proposed Digital Autopsy facility at Aylesford opens for business, currently estimated for July 2022. Discussions have been held with each of the Trusts and whilst they are happy to extend the contracts they have insisted this must be for 12 months to guarantee that all their fixed and variable costs are met, which is an understandable approach.  It has therefore been agreed that the contracts will be extended from 1 October 2021 to 30 September 2022 and if need be, can be terminated early by KCC serving six months notice.  

Financial Implications

The contract with East Kent NHS Trust is a fixed fee regardless of activity levels and is paid in 12 equal installments.  At the point where the DA facility opens, all deceased that would normally have undergone an invasive PM will be scanned, so dependent on if and when notice is served to end the contract extension, KCC could potentially be liable for both DA scanning charges and the monthly charge for PM’s even though no PM’s will be taking place in the East Kent area.  To mitigate this scenario, the move over to DA will be phased with deaths in the East Kent area not being scanned until the contract extension comes to an end.  Based on 2020 activity levels the estimated cost of the East Kent contract extension is within the budgeted revenue cost for 2021-22.

The contract with Medway NHS Trust is based on a cost per PM, so if there are no PM’s, there are no costs to KCC.  This means that at the point where the DA facility opens, KCC will only have to meet the scan charge.    Based on 2020 activity levels the estimated costs of the Medway contract extension is within the budgeted revenue cost for 2021-22. 

Proposed Decision:

a)            Approve a programme of works to deliver a range of projects to ‘clean up’ Kent and to improve the public realm  across Kent

b)            Approve the proposed funding allocations and project development arrangements required to support and deliver the programme; and

c)            Delegate authority to the Corporate Director for Growth Environment and Transport to take relevant actions, including but not limited to, entering into relevant contracts, legal arrangements or other arrangements, as necessary to implement this decision.

Background:

Kent’s Future, Our Priority’ will become Kent County Council’s new 5 Year Plan, to replace the previous strategic statement ‘Increasing Opportunities, Improving Outcomes (2015-2020)’. The Plan is structured around seven outcomes which reflect the key things that residents and businesses said were essential to a good quality of life in Kent. One of the seven outcomes is,  ‘A cleaner and greener Kent.’  

A key message from the recent public consultation was that residents care about the places they live in, they are proud of where they live, and want to protect these places by looking after the quality, maintenance and cleanliness of our physical environment, especially town centres, local streets, beaches, public rights of way and green spaces.

Options:

It was also clear from the public consultation that residents wantedthe County to be clear how it will deliver the plan. This detail is contained within the 5-Year Plan objectives including working with partners to improve the quality of Kent’s public realm.  It is intended that a range of physical improvements will be developed, in conjunction with local stakeholders to reflect different priorities  but will be targeted at cleaning up and improving the quality and appearance of the public realm.

Proposed Decision:

·         Kent County Council be the administration and funding decision authority for the £5.3m allocation from SELEP’s Growing Places Fund;

·         KCC draws down capital funds of £5.3m from the Growing Places Fund;

·         KCC makes available loan finance of up to £5.3m from the Growing Places Fund to support works at Discovery Park to build a spine road and associated infrastructure to enable the building of 500 new residential homes;

·         Authority be delegated to the Director of Economic Development to take appropriate actions, including but not limited to, entering into legal agreements as necessary to implement this decision.

Provided that:

1.    Kent County Council is able to agree a satisfactory loan agreement from Essex County Council as the accountable body for SELEP’s Growing Places Fund; and

2.    The receipt of a satisfactory application for loan finance for the works at Discovery Park subject to the rules of the Growing places Fund and the findings of an independent financial appraisal.

Background:

KCC shall invite applications for loan finance of up to £5.3m for infrastructure at Discovery Park. This £5.3m will be obtained from the Growing Places Fund (GPF), which is administered by the South East Local Enterprise Partnership (SELEP). Applications will then be appraised and considered through the same process as that which is currently used to determine applications for loans from the Kent and Medway Business Fund (KMBF). This means that any application will be required to submit a full business plan, be subject to independent appraisal and be considered by the KMBF Investment Advisory board before a decision is made by KCC. The owners of the Discovery Park site are aware of this proposed process and we anticipate that an application will be forthcoming when the process is launched. In parallel with this process, KCC shall seek to enter into a loan agreement with Essex County Council (the Accountable Body for GPF). These terms have been discussed with Essex County Council and have received an in-principle agreement. However, they will need to be formalised when an agreement to lend to a borrower have been reached.  

Options (it is a legal requirement (2012 Executive Arrangements regulations) to outline other options considered)

The alternative would be for Kent County Council not to act as an agent for SELEP for the £5.3m Growing Places Fund loan. There is no evidence that this would be a more effective way of achieving the outcome of securing investment in Discovery Park, and there is a risk if the funding allocation is returned to SELEP that it is no longer ring-fenced for investment in Discovery Park or the wider Kent area.

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.