Proposed decision

1)   Approve the service development and activity increases for Parenting Support as part of ongoing development and improvement work, making use of Family Hub Grant funding where this aligns to KCC’s existing Start for Life commitments (details in the Report).

2).  Approve the required expenditure to deliver this activity via Family Hub Grant Funding up to £2,032,065 for the period ending April 2025.

3). Delegate authority to the Corporate Director of Children, Young People and Education, in consultation with the Cabinet Member for Integrated Children’s Services and the Director of Public Health, to take necessary actions, including but not limited to allocating resources, expenditure, entering into contracts and other legal agreements, as required to implement the decision.

Reason for the decision

KCC (Kent County Council) is seeking to implement a Family Hubs model in line with the standards set by the Department for Education (DfE). The funding has been granted with a provision that a certain allocation as outlined by the DfE will be spent on Parenting Support. This decision is to approve the service development and activity increases for Parenting Support as part of ongoing development and improvement work, making use of Family Hub Grant funding where this aligns to KCC’s existing Start for Life commitments and note the agreed allocation and expenditure of £1,189,946 for financial year 23 - 24 (including year 1 rollover) and £821,800 for year 24 - 25.

Background

The Family Hub model is committed to delivering high quality services for babies, children, young people, and families by ensuring an extensive range of partner and community services working collaboratively to deliver the best outcomes in person, virtually or through outreach. KCC is an agreed “trailblazer” in this nationwide change.

Key developments of Parenting Support include the expansion of staffing to support the parenting offer to fathers, increased joint working with midwifery and health visiting to deliver an antenatal offer, and a greater balance of evidenced programmes with a strength-based approach to parenting.

The Family Hub funding for Parenting Supporting will be used to:

·       Offer focused parenting support from antenatal to 2 years to support the transition into parenthood and beyond.

·       Train practitioners within Triple P baby, Solihull, and other evidence-based programmes, with skills to support behaviours of primary aged children.

·       Enhance knowledge, skills and joint working of targeted parenting support within Open Access once the funding ends

Options (other options considered but discarded)

Additional options have not been considered at this stage as the fund amount allocated above has been determined by DfE to be spent on Parenting Support, previous Key Decisions were taken to agree to the funding for the Family Hubs programme and this is the next stage of development for that agreement.

We were bound by the DfE to use evidence-based interventions. We considered the options and are going to move forward with Triple P baby and Solihull.

·     How the proposed decision supports the Interim Strategic Plan:

The DfE Family Hub model fits perfectly into KCC’s ‘Framing Kent’s Future’ strategic vison for children, young people, and families. It also supports the wider national and community challenges following the pandemic.

Data Protection implications

None.

Financial Implications

A total of £368,156 for Parenting Support has been agreed to be carried over into financial year 2023/24. This is in agreement with the DfE with the assurance it will be spent in the current financial year.

Proposed decision

1)   Approve the service development and activity increases for Early Language and Home Learning Environment, as part of ongoing development and improvement work, making use of Family Hub Grant funding where this aligns to KCC’s existing Start for Life commitments.

2). Approve the required expenditure to deliver this activity via Family Hub Grant funding up to £1,325,435 for the period ending April 2025.

3). Delegate authority to the Corporate Director of Children, Young People and Education, in consultation with the Cabinet Member for Integrated Children’s Services and the Director of Public Health, to take necessary actions, including but not limited to allocating resources, expenditure, entering into contracts and other legal agreements, as required to implement the decision.

Reason for the decision

KCC (Kent County Council) is seeking to implement a Family Hubs model in line with the standards set by the Department for Education (DfE). The funding has been granted with a provision that a certain allocation as outlined by the DfE will be spent on Early Language and the Home Learning Environment. This decision is for the agreed allocation and expenditure of £1,010,375for financial year 2023-2024 and the allocation of £241,200 for financial year 2024/2025.

Background

The Family Hub model is committed to delivering high quality services for babies, children, young people, and families by ensuring an extensive range of partner and community services working collaboratively to deliver the best outcomes in person, virtually or through outreach. KCC is an agreed “trailblazer” in this nationwide change.

Early language acquisition impacts on all aspects of babies’ and young children’s non-physical development. HLE covers the interactions parents have in and around the home with their children from birth. The quality of the HLE is a key predictor of a baby’s and child’s early language ability and future success.

The Family Hub funding for Early Language and HLE will be used to:

·       Train practitioners to support parents with the HLE, which will support educational recovery and improve school readiness.

·       Use evidence based interventions

·       Family Hub practitioners in the network are eligible for training.

·       To ensure sustainability beyond the funding, a Train the Trainer model will be used where relevant.

·       Parents of 3-4 year olds are eligible for the interventions.

·       To ensure a collaborative approach with existing Open Access Early Years workers and maintain a pathway of support for babies and children from 0-4 years.

Options (other options considered but discarded)

Additional options have not been considered at this stage as the fund amount allocated above has been determined by DfE to be spent on Early Language and The Home Learning Environment, previous Key Decisions were agreed to agree to the funding for the Family Hubs programme and this is the next stage of development for that agreement.

We were bound by the DfE to use evidence based interventions. We considered the options and are going to move forward with Early Talk Boost, Early Words Together, Making it REAL (PEAL), alongside including digital support e.g. Easy Peasy app, BBC sites

·    How the proposed decision supports the Interim Strategic Plan:

The DfE Family Hub model fits perfectly into KCC’s ‘Framing Kent’s Future’ strategic vison for children, young people, and families. It also supports the wider national and community challenges following the pandemic.

Data Protection implications

None

Financial Implications

A total of £480,582 for Early Language and the Home Learning Environment has been agreed to be carried over into financial year 2023/24. This is in agreement with the DfE with the assurance it will be spent in the current financial year.

Reason for the decision

·       KCC currently has in place contractual arrangements that are due to expire 30^th September 2023, and therefore is seeking new contractual arrangements for the processing of dry recyclable material currently collected by Dover District Council, Folkestone & Hythe District Council, Thanet District Council, Tonbridge & Malling Borough Council and Tunbridge Wells Borough Council.

Background

·       As the Waste Disposal Authority, KCC has a statutory responsibility for the processing of dry recyclables collected by a number of Borough and District Councils from households at the kerbside.

·       Waste Management currently operates a contract with Veolia ES (UK) Ltd for the processing ofdry recyclables which totals c.26,500 tonnes per annum, based on 22/23 outturn.

·       The waste is currently transported to the Veolia Rainham MRF for processing and recycling.

·       The current Veolia contract completes on the 30^th September 2023, as such, the commissioning process is underway using the ESPO (Eastern Shires Purchasing Organisation) Framework.

·       This commissioning ensures continuity of service in respect of the acceptance of these waste materials collected by the Waste Collection Authorities.

·       Due to the impending changes in legislation, KCC considers it prudent to only award this contract for a period of up to 48 months to account for any future changes that may impact the type of materials collected.

·       Alternative suppliers through this framework are at a substantial distance from Rainham and are therefore cost-prohibitive due to the added haulage burdens to transport these recyclable materials.

Options

1.    Do nothing – the current contracts will elapse, and recycling will be diverted to Allington Energy from Waste facility for incineration. This is not an option as KCC as the Waste Disposal Authority has a statutory obligation to use the waste hierarchy to process waste, where recycling is placed higher than energy recovery.

2.    Discontinue accepting the dry recyclables at the Transfer Stations via the Collection Authorities – this is not an option due to KCC’s obligation to receive this material under waste legislation and dispose of it as per the Environmental Protection Act 1990.

3.    Undertake a commissioning activity to procure a new contract - The current Contract was awarded under the ESPO Framework (Eastern Shires Purchasing Organisation) which is a route to market via ‘call off without competition’ i.e. direct award. KCC is looking to undertake commissioning via the same route rather than a competitive procurement process due to the limited market available for this material type and the associated demand on facilities.

Preferred Option

·       Option 3 is the preferred option. The Authority is seeking to appoint a provider for an initial term of up to 48 months that will benefit and achieve the best outcomes for the Authority and Kent households, and fulfil the statutory duty of KCC operating under the Environmental Protection Act 1990, to process dry recyclables.

The commission of this contract will meet KCC’s Strategy – Framing Kent’s Future 2022 – 2026 one of the four key priorities:

·       Priority 3: Environmental step change: Continue to work with our commissioning partners to create the infrastructure and jobs that enable us to reprocess waste materials and produce energy within the county, in order to maintain a closed loop local economy

Proposed decision:

Reopen the Kent & Medway Business Fund (KMBF) in October 2023 and continue to provide loan finance to businesses until March 2032

Approve the KMBF Scheme Governance and decision-making arrangements.

Delegate authority to the Director of Growth and Communities to take relevant actions, including but not limited to entering into contracts or other legal agreements, as necessary to implement this decision. 

Reasons for the decision:

Kent County Council (KCC) had two contracts with the Department for Business, Energy & Industrial Strategy (BEIS) (now Department of Business and Trade (DBT), which enabled KCC to offer grants, loans, and equity finance to enable businesses in Kent and Medway to create new jobs and increase business investment. Funding was originally obtained through these contracts from the Government’s Regional Growth Fund (RGF). Both contracts ended on the 31 March 2023.

BEIS (now DBT) arranged for these contracts to be administered by the Department for Levelling Up, Housing and Communities (DLUHC) and at the direct invitation of DLUHC, KCC applied to extend both contracts beyond 31 March 2023 and to retain the recycled KMBF/RGF investments.

On 12 June 2023, formal written approval was received from the Head of Regional Growth Fund, Department of Levelling Up, Housing & Communities, which permits KCC to continue to provide loans to local businesses until March 2032.

A Key decision is now required to approve the continuation of the KMBF.

Background:

Since January 2017, KCC has used the recycled KMBF\RGF investments (loan repayments and sale of shares in equity stakes) to enable the KMBF to provide new loans ranging between £26,000-£500,000 to eligible businesses across Kent and Medway in addition to a small number of equity investments managed separately by an external supplier. Most funding recipients receive interest-free loans, with a repayment period of up to 5 years. The recycled KMBF/RGF investments were also used to finance the Kent Life Sciences (KLS) Fund, a sub-programme of the KMBF programme, which provides equity investments in companies predominantly in the life science sector to support their growth. Since 2017, KMBF has made the following investments:

•         No. of Loan Investments: 104; Total Loan investment: £13,889,299

•         No. of Equity Investments: 9 companies; Total Equity investment: £4,350,000

•         KMBF Jobs Created Full Time equivalent (FTE) 449.92

•         KMBF Jobs Protected Full Time equivalent (FTE) 138.91

Options (other options considered but discarded):

The Options considered during and following the approval by the DLUHC for KCC to retain the recycled KMBF/RGF investments have been:

•         Close down the scheme:  However,

o        KCC’s on-going management cost of the existing investment portfolio would not be covered as there would be no new loan expenditure, therefore recovering KCC management costs would have required special approval from DLUHC.

o        This would not support KCC’s economic drivers to increase growth, productivity, innovation, and job creation/protection.

•         Commissioning the scheme out to a 3rd party provider. Not pursued at this stage for the following reasons:

o        It is unclear if doing so would offer up any significant savings (scheme administration), improve investment performance over time, or reduce bad debt; nor ensure complete alignment during any procured contract term to KCC’s priorities.

o        Within the RGF Evaluation and throughout the approval with DLUHC the internal administration of the scheme was highly commended.

The proposed decision supports Framing Kent’s Future – Our Council Strategy 2022 – 2026 as follows:

•         Priority 1 – Levelling Up Kent (2, 3, 4, 5, 6 and 7)

•         Priority 2 – Infrastructure for Communities (3)

•         Priority 3 – Environmental Step Change (7)

Legal Implications: 

The ability for KCC to continue to manage the recycled KMBF/RGF investments and to offer investments via loans in local businesses in Kent & Medway area has been granted until March 2032.  Confirmation of KCC’s approach requires this Key Decision.

Since August 2023 to date, the Business Investment Team have been working alongside colleagues from both the Office of General Counsel (legal expertise) and KCC Finance (debt mitigation) and this work has covered the following:

·      Full review of the suite of legal documentation by external lawyers (Bevan Brittan).

·      Review of the Investment Advisory Board, Sub-Group and Debt Recovery Group’s Terms of Reference.

·      Full and comprehensive review of the entire application process, including debt recovery by finance with specific recommendations to the strengthening of the appraisal process and alongside legal colleagues, security requirements.

·      The updated governance and scheme arrangements for the relaunched scheme will be approved formally as part of this decision.

Data Protection implications:

A Data Protection Impact Assessment screening has been undertaken leading to a full DPIA being submitted on 27 July 2023.

Proposed Decision:

Approve the development and improvement activity to deliver Perinatal Mental Health and Parent Infant Relationship Interventions; approve the required expenditure, via the Family Hub Grant Funding, to deliver this activity; and delegate authority to the Director of Public Health, to take necessary actions, including but not limited to allocating resources, expenditure, and entering into contracts and other legal agreements, as required to implement the decision.

Reason for the decision:

Research has shown the importance and need to improve awareness and understanding of low to moderate perinatal mental health and extending the reach of this across the family hub workforce is invaluable. This links with parent infant relationships so improving knowledge and understanding of this with the family hub workforce is of equal importance.

Currently there is no service in Kent which provides a parent infant relationship specialist intervention however it is highly probable that this is required as ‘Around 15% of children in the general population have a disorganised attachment with their primary caregiver.’ 

The proposal to use the Family Hub Grant Funding to develop and improve activity to deliver Perinatal Mental Health and Parent Infant Relationship Interventions provides an opportunity to increase workforce capability and capacity to extend the reach of low to moderated perinatal mental health and parent infant relationship support, raise awareness of support available for these individuals with low to moderate perinatal mental health and delivery of parent infant relationship interventions.

Options Considered and Discarded:

A targeted approach in a small geography was initially considered but discarded as this could create inequities in the provision of support.

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

This service contributes to ‘Priority 1: Levelling up Kent’ of the Framing Kent’s Future Our Council Strategy 2022-2026’ as providing additional support for families at the start of life of their infant’s life is a preventative approach of improving the populations health and narrowing health inequalities.

Data Protection Implications:

The scoping of a business case for a service offering parent infant relationship interventions to be delivered is in progress. A Data Protection Impact Assessment process will be undertaken at the point in procurement when a service provider is identified.

Proposed decision

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

a)    Approve the provision of grants to external providers to deliver Short Breaks for Disabled Children and Young People Service by commencing an Open Grants Process for the period 1 April 2024 – 31 March 2026.

b)    Delegate authority to award grants to providers to the Corporate Director for Children, Young People and Education in consultation with the Cabinet Member for Integrated Children’s Services.

c)    Delegate authority to the Corporate Director for Children, Young People and Education to take other relevant actions, including but not limited to finalising the terms of and entering into required legal agreements, as necessary to implement the decision.

Reason for the decision

In accordance with Section 25 of the Children and Young Person’s Act 2008, The Breaks for Carers of Disabled Children Regulations 2011 and the Children Act 1989 and 2004, there is a requirement to offer short breaks to children, young people and their families. The existing grant funding arrangement for Targeted Short Breaks for Disabled Children and Young People ends on the 31 March 2024. It is proposed that a competitive open application grant process for two-years is undertaken, covering 1 April 2024 to 31 March 2026. This will ensure sufficiency of Short Break activities are in place, whilst also continuing to test alternate Short Break models and implement the Short Break Strategy. The proposed Decision falls within the Key Decision Criteria of affecting two or more electoral divisions and expenditure over £1million for the lifetime of the project.

Background

Short Breaks are a preventative family support services aimed at families with a disabled child or young person to allow them to have a break from caring. They also provide disabled children and young people the opportunity to have fun and learn while doing activities in a new environment outside of the home. They provide a chance to spend quality time within their community with other children and young people who may have similar life experiences, helping to build friendships and connections beyond the family. For parents and carers, Short Breaks provide regularly planned breaks from their caring responsibilities allowing time to pursue other activities, education, chores and spend time with other members of the family.

To access Targeted Short Breaks families do not require a Social Care assessment.  Families may be referred to a Short Break service via a Social Worker, Teacher, Early Help Worker, and can also self-refer.  When accessing Short Breaks children and young people have their needs assessed by the Short Break provider to ensure they can be offered the correct level of support. Short Breaks services can respond to a spectrum of need from mild to complex depending on staff training, access to the right resources and level of experience. Targeted Short Breaks mainly take place over school holidays, after school and at weekends.

The current Targeted Short Break grant agreements went live on 1 April 2022 (Decision 21/00095) and are due to end on 31 March 2024. There are currently 19 Short Break providers across Kent delivering 2,258 Short Break sessions per year with 21,523 places available across a range of locations.

Options

1.    Do Nothing.  The current grants for Short Breaks for Disabled Children and Young People will end on the 31 March 2024. Kent County Council will fail in its duty to ensure sufficiency of Short Breaks activities are available to families of disabled children and young people.

2.    Extend the current service provision beyond the length of the grant agreement for a further 2 years. Such an approach does not account for the intelligence collected through engagement and family views within the Short Break Strategy, such as current lack of provision for children and young people with neurodiversity and those with complex needs.

3.    Competitive Open Grants Process for new grants to go live 1 April 2024 (Preferred Option) – This will allow the opportunity to develop and test alternate models of Short Breaks and allow the opportunity to incorporate improvements identified through the development of the Short Break Strategy. The grants based model ensures continued strong relationships with Short Break providers, essential for the implementation of the Short Breaks strategy. Contribute to financial stability to Voluntary Community Social Enterprise sector.

The proposed Decision is in line with:

·     Framing Kent’s Future: Our Council Strategy 2022-2026

·     Priority 4: New Models of Care and Support

·     We are committed to making rapid and sustained improvements in the support we provide to children and young people with Special Educational Needs and Disabilities (SEND) and their families, where we know that support has too often been lacking or delayed.

·       Kent’s Strategy for Children and Young People with Special Educational Needs and Disabilities 2021-2024. Working together to improve outcomes for children and young people with SEND:

·       Kent Civil Society Strategy for Kent 2021-2024: Supporting Connected Communities and a Sustainable Social Sector in Kent

·       Kent County Council SEND co-production charter:

Data Protection implications

The Local Authority will not be processing any personal data as part of the Grants Framework and therefore a DPIA is not required for this project.

Proposed decision

The Cabinet Member for Education and Skills to:

To approve arrangements to establish 2 new special free schools in Whitstable and Swanley in accordance with free school presumption process and relevant Safety Valve agreements.

Reason for the decision

As part of KCC’s Safety Valve submission to the DfE, KCC was encouraged to submit Free School bids for additional Special Schools based on data and forecasts evidencing need. The bids were considered as part of the DfE Special School and Alternative provision Wave programme. KCC submitted bids for 3 new special Schools (Swanley, Sheppey and Whitstable). Bids for Whitstable and Swnaley received approval subject to certain conditions.

Background (Swanley)

Dartford is an area of high housing and population growth, with the Ebbsfleet Garden City forecast to provide 12,000 more new homes, in addition to the 3000 already built and occupied.  Redevelopment in other parts of Dartford, under the auspices of Dartford Borough Council, will add more housing.  A new Local Plan is in the early stages of consultation, and it indicates a target of 790 new dwellings, per annum, for the duration of the plan period.  This is a continuation of the existing Local Plan, which indicated a housing target of 17,900 new homes.

Sevenoaks is also looking to publish a new local plan, and early indication is that the numbers of new dwellings could be as high as 14,900.

The new housing across the Sevenoaks, Dartford and Gravesham area will create a need for more Special School places.  The existing pressures on Special School places in the area indicates very clearly that any new demand, cannot be absorbed into existing capacity.

A new PSCN Special School in Sevenoaks (250 places) would address a geographical gap and reduce pressure on PSCN schools that are over capacity, relieving pressure on Dartford, Gravesham and Sevenoaks schools, and special schools further afield in Tonbridge, Tunbridge Wells and Maidstone. These schools can then serve their local communities and reduce displacement of children who currently must travel further.

The need to commission a new 250 place special school for Profound Severe and Complex Needs to serve the Dartford and surrounding areas is identified in the current Commissiong Plan for Education provision in Kent 2023-2027:

https://www.kent.gov.uk/__data/assets/pdf_file/0009/148086/Commissioning-Plan-for-Education-Provision-in-Kent.pdf

Background (Whitstable)

A new PSCN/ASD Special School in Whitstable (120 places) would address an identified geographical gap and reduce pressure on PSCN schools in neighbouring districts that are over capacity, relieving pressure on Sittingbourne, Maidstone and West Kent schools, and schools in Canterbury and Thanet. These schools can then serve their own local communities and reduce displacement of children who currently must travel further. Currently 20 children from Maidstone travel to schools in West Kent (Five Acre Wood is considerably over capacity), and 40 children travel to Five Acre Wood from Sittingbourne, the Isle of Sheppey and Canterbury. Children from Canterbury and Canterbury Coastal are travelling to Thanet (Foreland Fields), Meadowfield which is also over capacity is taking 37 children from Faversham who could access a new school in Whitstable, enabling a readjustment of pupils from Maidstone back to Sittingbourne.

The need to commission a new 120 place special school for Profound Severe and Complex Needs/Autistic Spectrum Disorder to serve the Canterbury coast and surrounding areas is identified in the current Commissiong Plan for Education provision in Kent 2023-2027.

Options (other options considered but discarded)

Three bids were originally submitted for new Special Schools. Two with potential sites in KCC ownership and one (on the Isle of Sheppey) without a site named. The bids formed part of KCC’s Safety Valve submission and were part of the steps to ensure sufficient Local Authority maintained provision would be available for future years, reducing reliance on more costly independent provision. As part of the Safety Valve agreement, KCC had to submit bids for 3 new special schools.

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 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 cost of capital build for both schools will be met by the DfE.

Both schools will be situated on KCC owned sites andboth sites will be provided with vacant possession, on a 125-year peppercorn without premium lease using the DfE model lease.

KCC is required to accept that it would meet abnormal site development costs or any section 278 costs which may be imposed should they be identified as the projects progress. These costs are not available at this stage of the project.

Revenue

KCC expects to commission the majority of places at both schools and based on the current agreed rates set out below:

The average cost of an independent special school place in the county is £41,448.

KCC will work closely with the DfE to ensure that all appropriate accommodation and facilities are provided to enable them to deliver an effective curriculum with an opening date of September 2026

Data Protection implications

A DPIA has not been completed as there is no risk to the rights and freedoms of individuals. 

Proposed decision

I.          Approve the allocation of £1,100,000 from the Children’s, Young People and Education Modernisation and Planned Maintenance Budgets to permit the required repair works;

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

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

Background

Kings Hill Primary School is a 2FE school within the village of Kings Hill, West Malling. The school it was opened in 1997. The school consists of one large ‘S’ shaped building with the main hall and kitchen facilities attached to the front of the school. The building is single storey with a pitched roof and has a front section and a back section both of extensive area. The roof is made of Cedar Shingle tiles across the entirety of the roof.

The school first experienced leaks in the mid-2000s and this resulted in a section of the front of the schools’ roof being replaced. The problem has since worsened due to the age and condition of the wooden tiles. The roof is set at a very low pitch and the school is surrounded by woodland and built into a dip in the land, meaning that leaves and moss from the surrounding trees sit on the roof.  The build-up of detritus from the trees has rotted the wooden tiles and led to water ingress across the majority of the classrooms below.

The roof has had issues for a number of years and multiple reports and referrals from the school have been received to which extensive patching and repair works have been carried out. The Infrastructure Division’s Minor Works Team has been carrying out remedial works caused by the leaks since 2018 and the full replacement was programmed for completion by 2021, however, there were a number of issues that prevented the project progressing including COVID related and planning issues due to the original makeup of the roof.

The planners were consulted and confirmed that due to the school’s location and local planning requirements the replacement of the roof had to be with like-for-like material, cedar shingle tiles. The project was therefore pushed back as the tiles can only be sourced from Canada and have a 12 month lead in time; concern was also raised that a like for like replacement would lead to the same issue within 10-15 years. Following further consultation with the planners, it was agreed that a planning application would need to be submitted for the new roof. in order to replace the tiles with a more durable alternative material. This was submitted, and planning was granted on 29/12/2022.

The new roof will be a metal standing seam system that will last for 50 to 100 years. The original budget for the project was set in 2018 at £600k. Tenders have been returned at a cost of £890k for the works plus £100k in professional fees. This has been independently verified as an appropriate cost in today’s market.

It is not possible to carry out any further remedial or patching works due to the deterioration of the original roofing materials and a replacement has been deemed essential.  Therefore, the project needs to progress within short timescales to decrease the risk of the wet winter weather impacting the roof further and avoid water ingress from making parts of the school building unusable.

The works are to be instructed in two phases; the rear section of the roof and associated works as Phase 1 for the value of £628,011.83 has been instructed. A second phase for the front of the school will be instructed so that Phase 2 commences immediately following Phase 1 at a value of £262,692.26. This strategy minimises costs.

The combined cost is estimated at £890,704.09 and is below the threshold required for a Cabinet Member Decision of £1m; however, KCC has been advised by its professional cost consultant to make an allowance of £1,100,000 for both phases due to the risk that additional costs will be incurred during construction. With a roofing project the potential for additional costs to be identified are higher than in other projects as not all the roof’s substructure is visible until the tiles are removed. It is therefore appropriate and prudent for an allowance of an additional 23.4% above tender costs to be made.

Phase 1 of the works will commence in September 2023 and the subsequent completion of Phase 2 is expected in January 2023 based on the current programme.

Options: 

Option 1 – Do Nothing

No further temporary repairs are deemed to be effective and water ingress is probable without replacement. Do Nothing would result in significant parts of the school not being usable and permanent damage being created to the building, as water would be within the building it is likely the school would have to fully or partly close to pupils in response, as the school would not be deemed as safe, warm and dry. Temporary accommodation would be required for displaced pupils and a more significant repair of the building would need to take place due to additional damage further ingress would create.

Option 2 – Localised Repairs

Localised repairs have been undertaken over the last 10 years, there are no further localised repairs that can be carried out. This option would risk further water ingress and the associated risk of school closure and further remedial works.

Option 3 – Proceed with Roof Replacement

This would mitigate the risk of any future works being required in response to further water ingress and remove potential school closure risks and provide safe teaching environments and improvement to the fabric of the school. This a long-term measure.

After reviewing the estimated costs, potential risk elements and the key advantages/disadvantages of each option it is recommended that replacement is the only appropriate solution. 

Data Protection implications

None – the schools will continue to adhere to Data Protections legislation during the planned works.

Proposed decision

a) Authorise the allocation of £1,5000,000 from the High Needs Capital Funding Budget to fund the satellite provision of Meadowfield Special School at Fulston Manor Secondary School

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 Fulston Academy Trust.

c) Issue a public notice to:

(i)             Establish a satellite provision for 20 Secondary aged pupils at Fulston Manor Secondary School from September 2024.

(ii)            Increase the designated number from 366 to 386

And, subject to no objections being received to the public notice:

(i)             Establish a satellite provision for 20 Secondary aged pupils at Fulston Manor Secondary School from September 2024.

(ii)            Increase the designated number from 366 to 386

Reason for the decision

Meadowfield Special School is unable to expand any further on its main school site and demand for PSCN Special school places in Swale district is increasing. The establishment of satellite provisions on mainstream education sites provides additional capacity whilst also enabling the school’s expertise to be shared with the host school and provide Meadowfield students the opportunity to integrate, (where appropriate) with their mainstream peers.

Background

Meadowfield (Foundation) Special School is a day provision for boys and girls aged 3 to 19 with Profound, Severe and Complex Needs (PSCN) including Autism. In addition to the main building at Swanstree Avenue Sittingbourne, the school also operates a 6th form provision at Ufton Lane Sittingbourne and a Primary School satellite at Sunny Bank Primary School which was established September 2022 (Decision 22/00043). The satellite at Fulston Manor Secondary School will provide students with opportunities for integration at a mainstream provision and will provide an onward pathway from the established satellite at Sunny Bank Primary School and additional opportunities and choice for Meadowfield pupils.

Meadowfield Special School has considerable and sustained pressure placed on them to admit additional pupils requiring a specialist school place. Their current designated number is 366, however they have been allocated additional pupils above their designated number and capacity and therefore solutions to find additional accommodation are required. Currently they have 391 funded pupils as of January 2023 and the School census reported 410 (to include nursery and 6^th form) on roll. The Sunny Bank satellite was opened to create additional capacity for Meadowfield and enabled the school to admit additional more complex pupils on its main site. The Fulston Manor satellite will ensure that there is a pathway for those pupils currently attending the primary satellite at Sunny Bank and will help the school to manage the current and future demand for places. If the Fulston Manor satellite does not go ahead, the current pupils at Sunny Bank will need to be accommodated back on the main Meadowfield site for their secondary education and this will severely limit the number of additional places the school would have available for future pupils. This would result in more pupils requiring a place at an independent special school at secondary transfer.

Options (other options considered but discarded)

Meadowfield is unable to expand further on its current main site. Fulston Manor Secondary School was identified as a possible site for a satellite due to its proximity to Meadowfield, the support of the academy trust for the proposal and having a site at the school which was available for a new provision to be built together with additional facilities for the Secondary School.

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 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.

The Commissioning Plan for Education Provision in Kent 2022-2026 identified the need to commission satellite provision of Meadowfield for secondary pupils.

Financial Implications

Capital

The project will ensure the satellite has its own dedicated accommodation of 2 classrooms and additional intervention spaces at Fulston Manor Secondary school. The capital costs and total budget for the new accommodation at Fulston Manor Secondary School will be £1.5m. The £1.5.m is already included in the forecasts for the High Needs Capital budget and would be subject to a Funding Agreement being put in place with the Academy Trust.

Revenue

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

The anticipated revenue budget for the 20 places at the satellite at Fulston Manor will be based on the need type rates below. It is likely that the primary need of pupils placed at the Fulston Manor satellite will be ASD.

The cost of 20 places on the ASD rate per year would be £401,300.

The average cost of an independent special school place in the county is £41,448. 20 places at an independent would cost £828,960 per year.

KCC will work closely with the senior leadership teams of both schools to ensure that all appropriate accommodation and facilities are provided to enable them to deliver an effective curriculum with an opening date of September 2024.

Data Protection implications

A DPIA has not been completed as there is no risk to the rights and freedoms of individuals. 

Proposed decision:

The Cabinet Member for Adult Social Care and Health is asked to:

i.              APPROVE the revised model for the Community Equipment Service and the arrangements to secure the appropriate contract for a period of five years from 1 April 2024 to 31 March 2029, with the option for a contract extension of a further two years from 1 April 2029 to 31 March 2031;

ii.            DELEGATE authority to the Corporate Director Adult Social Care and Health, to finalise terms of and award contracts to the successful provider and to approve, in consultation with the Cabinet Member for Adult Social Care and Public Health and the Corporate Director Finance, the exercise of any extensions permitted within the agreed contacts; and

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

Reason for the Decision:

The current Integrated Community Equipment Service is jointly funded by Kent County Council (KCC) and the NHS Kent and Medway Integrated Care Board. The contract covers the purchase, delivery and repairs/servicing of equipment into people’s homes. The service enables people to live more independently for longer and supports timely discharge from hospital.

All items of equipment are loaned to people and when no longer needed are collected. Where possible items are recycled and reused. A range of credits are received by KCC, on some items of reused equipment.

Following the decision to devise and procure a new service model for the provision of community equipment (Decision 22/0081), the council has led programme of procurement activities to prepare for the commissioning of a new service. Extensive engagement and co-design work has taken place with people who draw on care and support, including those with lived experience; prescribers of such equipment in health and social care professions and the market. This has informed the design of a new model for a Community Equipment Service. 

The new service model will align to the priorities of ‘‘Framing Kent’s Future – Our Council Strategy 2022 – 2026’ and will: -

1. Narrow the gaps in outcomes between different parts of Kent with a particular focus on providing the right type of equipment to improve life in deprived communities.
2. Harness digital connectivity and innovation to ensure people are aware of all their options and have access to all the equipment and services they need and want.
3. Contribute to the Net Zero targets, by exploring options to reduce the carbon footprint of the service.
4. Manage future demand and resource challenges facing the service to ensure it continues to support people to lead the lives they want to live in the future.

The preferred model remains a loan and recycle model but has the following additional benefits:

·         An enhanced (85%) credit model with increased recycling linked with Waste Management Services.

·         Digital signposting to support people who wish to self-purchase.

·         A partnership approach to support adaptability, innovation and collaboration.

·         A greater choice in delivery and collection times.

·         Improved equity of service access.

·         Improved financial and environmental sustainability through greater recycling/reuse of equipment, increased credit model and options to self-purchase.

The specification for the new model has no reduction in service or eligibility.

Other options considered but rejected are as follows:-

The council is using the nationally available and PCR (2015) compliant Kent Commercial Services Framework. Four of the largest providers of community equipment are on the Framework. The opportunity to bid for the new service will be published in August 2023. The contract will be awarded in October 2023, allowing for a five-month mobilisation period in order that the new service is operational by 1 April 2024.

Proposed decision:

The Cabinet Member for Education and Skills is asked to take the decision to:
Propose to the Schools’ Funding Forum that the financial limits for the costs of repairs and maintenance of schools are increased.

Background
Legislation provides for maintained schools to receive a delegated budget from the Local Authority. The Scheme for Financing Schools sets out the financial relationship between the Authority and the maintained schools that it funds. It contains requirements relating to financial management and associated issues, which are binding on both the Authority and on the schools. Section 13 of the Scheme sets out the responsibilities for repairs and maintenance of school building and grounds. Please note Section 13 does not apply to voluntary aided schools, as their aiding bodies are responsible for their upkeep.

The Authority delegates all funding for repairs and maintenance to schools through the schools’ budget. The Authority has a duty to ensure that schools are maintaining buildings and fixtures in line with best practice and ensuring health and safety requirements are met. The Authority undertakes condition surveys to support these efforts.

The Authority, with agreement from the Schools’ Funding Forum, set the following limits to assigning initial responsibility for meeting the costs of repairs and maintenance.

Proposed changes
It was proposed that the financial limits be adjusted to reflect inflation, but moderated to round figures as follows:

Risk and Other Factors
The risk currently exists that some works are not undertaken in a timely and diligent manner by some schools because of financial pressures, leading to the condition deteriorating further such that the costs exceed the threshold and become the responsibility of the Authority. Increasing the financial threshold, to return it to the equivalence of 2012, does not introduce a new risk, but could exacerbate the current one.

This proposal, alongside financial pressures may result in a greater number of schools falling into a deficit. The Authority works hard with maintained schools to prevent deficit budgets, with 1.65% in deficit, compared to the national 8.8%. This work will continue.

Governance
The Cabinet Member for Education and Skills is asked to make the Executive decision to propose the changes to the Schools’ Funding Forum. If the forum agree, the Corporate Director Finance will implement the changes in accordance with the general scheme of delegation. If the Forum reject the proposal, the Corporate Director Finance, in consultation with the Corporate Director Children, Young People and Education, and the Cabinet Member for Education and Skills, will determine whether to appeal to the Secretary of State for Education.

Alternatives considered
The alternative to retain the current thresholds has been considered. It has been rejected as its relative devaluation is placing pressure on the Authority’s budgets, when these costs should rightly sit with schools in accordance with the approved Scheme. This simply reduces the funds the Authority has to undertake its responsibilities to maintain school buildings and grounds, while the delegated funding may be used to fund other school activity.

Different scenarios were considered, for example all primary schools being required to pay the same rate increased by inflation. The proposal balanced the desire to rebase the thresholds to return the financial responsibilities to equal those when the thresholds were last set, against the overarching financial climate faced by the Authority and its schools.

Financial Implications

Schools are responsible for the funding all of their repairs and maintenance where the costs are below the relevant limits (excluding VAT). Where the costs of repairs and maintenance exceed the limits, the LA prioritises available funding based on the condition grading of the works. The limits apply to each individual maintenance task or scheme, not the cumulative cost of all repairs and maintenance in a particular year.

The financial limits set out in 1.3 above were set in excess of 10 years ago.  These have not been increased in line with inflation, and do not align with the capital threshold for local authorities, which is £10k.  This means there is a disconnect between the Authority having delegated all revenue maintenance funding to schools, but retaining responsibility for some elements which fall below the threshold for capital funding. In 2022/23 just over £485k was charged to the Authority’s revenue budget.

The Authority’s Medium Term Financial Plan requires the Education Service to make savings of £900k in 2024-25 and £300k in 2025-26.  Therefore, it is recognised that as the Authority moves to greater parity of funding between maintained and non-maintained schools, some maintained schools will find the need to not only cover more of the costs of maintenance but also other services for which they are funded through the dedicated schools grant, than they have had to cover to date.

Proposed Decision

To agree the transfer of relevant South East Local Enterprise Partnership (SELEP) responsibilities to Kent County Council from April 2024 including:

• Business representation

• Strategic economic planning

• The delivery of government programmes (where directed)

Reason for Decision

Local Enterprise Partnerships (LEPs) were set up by Government in 2011 as business-led partnerships bringing together the public, private and education sectors to have a central role in determining local economic priorities.

On 4^th August 2023, Government confirmed that the functions of LEPs will be delivered by upper tier and combined local authorities in the future. LEP transition guidance confirmed that Government expects LEP functions to be transferred to either a whole county level or functional economic area with a minimum population of 500,000. KCC will therefore need to agree to take on LEP functions on behalf of Kent and Medway. This has been discussed with Medway Council.

Background

Essex County Council (ECC) acts as accountable body for SELEP and looks after many of the back office, legal and HR functions for the organisation. Details in the government guidance about LEP functions to be transferred remain fairly high level but KCC will need to work towards the adoption (or continuation) of the following broad functions:

1. Business representation
2. Strategic economic planning
3. The delivery of government programmes (where directed)

KCC, Medway Council and the Kent and Medway Economic Partnership (KMEP) will agree the best way forward for key activities formerly delivered by SELEP with a view to implementing the best county-wide solution or continuing certain activities with Essex and East Sussex where there is merit in doing so.

SELEP’s financial reserves will enable funding to be provided to the relevant local authorities (Kent, Essex and East Sussex) to take on members of the SELEP secretariat team to support the implementation of economic growth activities for a period of time (approximately 12-18 months) following the closure of the LEP. In consultation with HR teams, KCC’s Economy Team is working with SELEP on potential arrangements for employing up to four members of staff on a temporary basis.

From April 2024, KCC will also take on responsibility for the future management and monitoring of the Kent & Medway element of SELEP’s capital funding programmes. While this will primarily relate to ensuring the smooth running of existing GBF & LGF projects until their conclusion in 2027-28, KCC anticipates securing a pot of recycled Growing Places Fund capital loan funding that could be run as a new Kent & Medway scheme to provide an evergreen loan fund to support capital investments in the county that contribute to economic growth. It is currently understood that this funding would need to adhere to the original aims set out by government which were to support stalled capital investments by providing interest-free loans. SELEP is currently holding approximately £15m of repaid loan funding that will need to be shared between Kent & Medway, Essex and East Sussex.

Options

The transition of LEP responsibilities to local authorities is mandated by government. The approach that KCC is taking will be to determine with the Kent & Medway Economic Partnership the best options for implementing former LEP activity on a local basis.

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

LEP transition provides a direct response to the following FKF commitment:

“Work with partners to develop a better co-ordinated approach to economic development across the county, joining up the strengths of the County Council, the Kent Districts and Medway. As part of this, we will explore opportunities with Government to gain control of more of the resources and decision-making that shape economic growth in the county.”

Financial Implications

For KCC, adopting LEP functions will incur revenue costs as much of the activity to be transferred has a staffing requirement. However, there are two sources of external funding that will help support KCC LEP transition activity in the short term:

1. The Government has confirmed that it will provide some revenue funding to local authorities in 2024/25 to support them but based on current grant to SELEP could be up to £100k. Funding beyond 2024/25 is subject to future Spending Review decisions.
2.  SELEP residual funding set aside specifically to facilitate the transfer of team members to local authorities on a temporary basis.

There is currently not a KCC budget line relating to the financing of SELEP activity. This work will only continue while SELEP reserves and specific government grants are in place to cover these new burdens.

Proposed decision

To approve the new Supported Accommodation Service (age 16 to 19) and additional transition arrangements for current 18+ Care Leavers up to the age of 21.

Reason for the decision

The new Supported Accommodation service has been designed to promote independence from age 19 onwards. The current service provides support up to age 21.

The decision confirms the procurement and commissioning arrangements put in place to progress and deliver on the plans outlined in Decision 22/00079, concluding the necessary Supported Accommodation Service review and recommissioning.

Background

Ofsted have introduced regulations for current unregulated accommodation from 28 October 2023. Through 2021, the Children’s Commissioning Team undertook a full review of the Shared Accommodation Service and Young Persons Supported Accommodation and Floating Support Service, where the contracts now expire on 31 March 2024 (Decision - 22/00079 - Supported Accommodation (kent.gov.uk).) The outcome of this work was to recommend that the services be aligned, categorised into levels of need, and expanded to reduce the reliance on semi-independent accommodation and have one clear accommodation pathway.

The proposed new services will comprise of the following:

·       High/medium Supported Accommodation with on-site staff, set number of units (90) for Children in care aged 16/17.

·       Low needs Supported Accommodation with outreach support staff, based on demand, for Children in care, Children in Need and UAS children transitioning from the Reception Centres aged 16/17.

·       18+ Accommodation only service, based on demand, for 18 year olds.

Recognising the current accommodation service supports young people until age 21, it is recommended that a 24-month contract be awarded to Clearsprings Ready Homes, the incumbent provider of the Shared Accommodation (16 to 21 years old) Service from 1 April 2024 to 31 March 2026 for those young people over 18 in the legacy service.

Options (other options considered but discarded)

1.   Continue to accommodate young people aged 16-21 (All 18+ within the accommodation only model).

2.   Move people on at the age of 19 with no transitional period for over 19’s.

3.   Move young people on at the age of 19 with transitional contract for 12 months (to 31 March 25) to allow phased 19+ move on approach.

4.   Move young people on at the age of 18 with no transitional period for over 18’s.

5.   Move young people on at the age of 18 with transitional contract for 12-months (to 31 March 25) to allow phased 18+ move on approach.

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

Priority 4: New models of care and support - To support the most vulnerable children and families in our county, ensuring our social work practice supports manageable caseloads, reflective learning, joined up safeguarding and effective corporate parenting.

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

Financial Implications

The estimated value of the new Supported Accommodation service over the four years is for a maximum value of £44.5m but no guarantee is given as to the actual value of the contract. Including the 4 year extension period, the value of the contract is £89m.

Costs are offset with semi-independent, Children in Need rent contributions, Housing Benefit Reclaim, Council Tax and TV licences.

A Home Office grant will fund most of the Low Need Supported Accommodation service as well as the transitional contract as 90% of young people are UAS children. The remaining accommodation costs along with the High/Medium Need Supported Accommodation service is funded from the General Fund.

Additional funding to support the two year transition will be supported by £500k New Burdens funding from the DfE.

There is a saving identified of £700k in the 2023/2024 budget in pursuing a policy of independence for young people from the age of 19. The new contract will not directly deliver the savings, however the additional focus from the Care Leavers service to actively identify those who are ready to move on will achieve the savings, along with the receipt of housing benefit.

Assuming Clearsprings Ready Homes accept a new contract for 24-months at the same level and cost, this is included in the revenue budget under the following budget lines. “Looked After Children – Care and Support”, “Children in Need – Care and Support”, “Care Leavers Service” and “Asylum”.

Data Protection Implications

Data Protection Impact Assessments (DPIA) for any recommissioned service will be developed and implemented following contract awards in 2023.

Proposed decision –

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

1. grant the Royal National Lifeboat Institution (RNLI) a newlease of its Lifeboat Station in Margate; and

2. delegate authority to the Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, to finalise terms for the transaction and any related agreements for lease and licences for alterations.

Reason for the Decision

The proposal involves the granting of a lease term in excess of 20 years which requires a Key Decision in accordance with the County Council’s Property Management Protocol.

Background

The previous lease of the premises has expired, and RNLI are currently “holding over” in accordance with the provisions of the Landlord and Tenant Act (1954).

Given the expiry of the old lease and that The Lifeboat Station in Margate requires updating to better meet the operating needs of the RNLI, KCC and its tenant need to agree terms for occupancy going forward.

RNLI were granted planning permission by Thanet District Council for proposed extension and refurbishment works on 3 July 2023, so timely agreement of terms and completion of the new lease are required.

RNLI provide “emergency service” to both the sea-faring community and recreational users of the local beaches.

Options considered

1. Obtain vacant possession

2. Continue under a “holding over” arrangement

3. Grant a new lease.
4. Sale of site to RNLI

The parties mutually favour the granting of a new lease, subject to agreeing terms.

Proposed decision

The Leader agrees to:

Approve the Standing Advisory Council on Religious Education (SACRE) membership arrangements and agree the updated representation numbers on Group (a) including the addition of a Humanist representative.

Reason for the decision

A review of the Group (a) membership of SACRE is timely following the publication of the 2021 Census data, and the recent guidance on representation options made available via the court judgement on non-religious groups’ involvement with SACRE.

Comparison of the 2011 and 2021 Census data would suggest that the existing SACRE membership remains an appropriate reflection of the main denominations and beliefs held in Kent. 

Best practice encourages Local Authorities to consider representation from a broad range of groups.  Baha’i, although not widely followed in Kent, has had a seat on the SACRE for some time and it is proposed that their seat should remain.  Humanism have also requested representation on SACRE and following the recent court judgement updating the legal position and now indicating that non-religious groups are now eligible to sit on SACRE Group (a); it is proposed that a seat be added to SACRE, and that the seat be allocated to a Humanist representative.

It is felt that the addition of a seat would not impact significantly on the ability of SACRE to undertake its duties.

KCC took a decision in 2022 which confirmed that the legislation prohibited the inclusion of non-religious groups on Group (a) of SACRE.  The decision included a commitment to review that issue should the legal position change.  Court consideration of the previous decision has now resulted in a judgement confirming that humanists are eligible for inclusion on Group (a) – this new proposed decision follows through on the commitment to undertake a review.

Background

SACRE sits as an outside body, with responsibilities relating to advising the local authority and education providers regarding the teaching of religious education.  It draws membership from a range of people, with the membership separated into specific sections/groups (with each section having one vote at full meetings of the SACRE).

(a)      Christian denominations (other than the Church of England) and other denominations and religions as in the opinion of the Authority reflect the principal religious traditions in Kent. The number of representatives approved under the category shall, so far as is consistent with the efficient discharge of this group’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.

(b)      The Church of England

(c)      Teacher Associations having regard to local circumstances.

(d)      The Local Authority

KCC is responsible for considering the appropriate representation for Group (a) – Christian denominations and other denominations and religions.  Such consideration may be given from time to time as the Local Authority deems necessary and in response to specific requests for updates to representation.

Options (other options considered but discarded)

KCC is required to consider the SACRE Membership from time to time and this may be triggered by relevant membership requests.

KCC could have determined that while humanists were now eligible to sit on Group A of SACRE, there was no need to include them to achieve the appropriate Group A representation required under legislation.

KCC could seek to make additional changes to the representation arrangements (which faiths or groups are represented and how many individuals should represent them).  Recent Census data did not support any substantive changes.

How the proposed decision supports the Interim Strategic Plan:

Appropriate management and delivery of SACRE business is a statutory requirement that contributes towards effective education in Kent.  This overarching education element contributes to economic development and longer-term service demand management through improving outcomes for young people at an early stage.

The decision is necessary to ensure continued compliant organisation of SACRE.

Data Protection implications

No data protection implications arise from the decision.

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 –

(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.