Reason for the decision
Property disposal in line with Council’s s.123 best consideration obligations and over £1million which requires a key decision.
Background
Kent County Council and Maidstone Borough Council jointly acquired the Former Royal Mail Sorting Office site from the Royal Mail in Sept 2016, on an equal 50/50 basis (see KCC decision 15/00069).
The primary long-term objective was to masterplan and facilitate the delivery of a comprehensive, high quality, mixed use scheme to include the adjoining Cantium House (office owned by KCC) and the Maidstone East Station car parks (owned by Network Rail).
Maidstone Borough Council’s current Local Plan, adopted in 2017, allocated the combined Former Royal Mail Sorting Office, Cantium House & National Rail commuter car park site for comprehensive retail led development.
Through the Kent County Council/Maidstone Borough Council partnership and stakeholder engagement, the Council has corporately promoted the Former Royal Mail Sorting Office and Cantium House sites through the planning system to deliver a residential led, mixed use allocation (with the option of a new civic office and health element, if required) independent of the adjacent Network Rail land releasing it from various delivery constraints.
A number of options were considered as to how the partnership best take forward the masterplan which included:
Option 1 – KCC to sell its 50% stake of the Former Royal Mail Sorting Office plus its freehold interest in Cantium House to Maidstone Borough Council.
Option 2 – KCC to acquire Maidstone Borough Council’s 50% stake of the Former Royal Mail Sorting Office Site.
Option 3 – KCC/MBC to continue to work in partnership to deliver a scheme through to practical completion (direct development or via securing a development partner).
Following consideration, it is recommended KCC sell its interest in the project to Maidstone Borough Council and focus its resources within its own Estate, whilst continuing to work collaboratively in the context of the wider Town Centre Strategy Masterplan.
How does the proposed decision meets the objectives of ‘Increasing Opportunities, Improving Outcomes: Kent County Council’s Strategic Statement (2015-2020)’ - Securing a capital receipt to fund the capital programme and to streamline the Council’s property portfolio to achieve financial and efficiency benefits in line with appropriate policy.
Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Decision published: 03/11/2021
Effective from: 11/11/2021
Decision:
As Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, I agree to the freehold disposal of Kent County Council’s interest in the Former Royal Mail Sorting Office and Cantium House and delegate authority to:
1. The Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, to finalise the contractual terms of the disposal.
2. The Director of Infrastructure to authorise the execution of necessary contractual and land agreements required to implement the above
Division affected: Maidstone Central; Maidstone North East;
Lead officer: Simon Dodd
Proposed Decision
To directly award contracts to all existing commissioned Open Access provision (Youth Services, seven providers, for 16 months and Children’s Centres, two providers, for 12 months) on the same terms and conditions and values as the current contracts. Taking both ‘lots’ to April 2023.
Background
· This proposal is to seek authorisation for contracts to be awarded directly to the existing commissioned Open Access providers (Youth Services and Children’s Centres). Current contracts for the youth provision, expire on 30 November 2021 and for the two commissioned Children’s Centres on 31 March 2022.
· The Direct Award is required for reasons of extreme urgency (reg. 32(2)(c)).
· The Direct Award will be for a period of 16 months for the Youth provision and 12 months for the Children’s Centre contracts to bring them both in line to the end of the 2022/2023 financial year.
· Following the Council’s approach of the response and recovery to Covid-19, the Strategic Reset Programme identified workstreams that will look at how the Council can reset its priorities resiliently. The impact of this has provided delays in the development of a procurement process to align with the ending of these contracts.
Options
1. Do Nothing: Allow the contracts to lapse. KCC funded Open Access Offer, particularly in rural localities, will be greatly reduced and in the case of the two commissioned Children’s Centre’s (Millmead, Thanet and Seashells, Swale) fully removed.
2. Allow contracts to lapse and if applicable TUPE across staff from incumbent providers whilst awaiting the results of Strategic Reset Programme: This option may impact on the ability of the current providers to continue as businesses as well as significantly increase the headcount of KCC Open Access staff. The flexibility afforded to the organisations to respond rapidly to local need will also be removed. Also, some young people only engage in this provision because they do not recognise it as being part of KCC, there is a risk that we may lose some of our harder to reach cohort if they feel they are now engaging with the Local Authority rather than a local provider.
3. Externally procure a new service: Since the award of these contracts in 2016 there have been no new entrants to the market that could provide a district wide provision with no mobilisation time. This would result in a gap in provision at the very time when young people who have already experienced a reduction in opportunities due to Covid-19 need it most. As a result of the pandemic, the Council has established a Strategic Reset Programme which is reviewing, amongst other things, the use of the Council’s estate. The progress of this has been delayed due to priorities re-opening buildings after the Covid-19 restrictions were lifted. Work is due to re-start over the coming months to review whether these services meet the needs of service users. The outcome of this review will be pivotal to the development of specifications and service design for any new procurement. If Commissioners were to commence a procurement in advance of this review, contracts would potentially need to be changed or ended to minimise any duplication and maximise value for money.
4. Directly award contracts (due to reasons of extreme urgency (reg. 32(2)(c)) for a period of 16 months to the seven providers of Youth Services and 12 months to the two providers of commissioned Children’s Centres to bring both in line to the end of the March 2023. In the Council’s approach to the response and recovery of Covid-19, the Strategic Reset Programme has identified workstreams that will look at how the Council can reset its priorities resiliently. The impact of this has provided delays in the development of a procurement process to align with the ending of these contracts. It is proposed that a full commissioning plan will be developed before the end of the proposed Direct Award contracts that will consider the implementation of recommendations of the workstreams and the understanding of the long-term effects of Covid-19 on the local communities they serve.
Only on completion of the reviews can a balanced and informed commissioning plan be developed that does not risk adversely impacting the deprived communities served. This plan will need to consider the long term added value that providers will continue to deliver and how this can be quantified moving forward to evidence the continuing viability of the services being commissioned to the external market.
To meet the end of the review, all services will need to be “extended” by way of directly awarding a 16-month contract with the seven incumbent youth providers and a 12-month contract with the two incumbent children’s centre providers under Direct Award, with the terms and conditions, contract values etc being unchanged.
Risks
· Options 1 and 3 pose the highest risks, in that to do nothing or to create a gap in provision whilst awaiting the results of a procurement, will leave the Children, Families and Young People of Kent without suitable provision. The Covid-19 outbreak has highlighted and created both economic and health consequences, the full implications of which are still far from known. Any gap in provision will only act to further exacerbate this for our most vulnerable service users.
· Option 2 has some merits, although many of the providers will face an uncertain future, putting at risk the additional social value projects (such as food banks, employment of apprentices, wider SEND support, social action projects and racism education and awareness projects, to name a few)
Decision Maker: Cabinet Member for Integrated Children's Services
Decision published: 02/11/2021
Effective from: 10/11/2021
Decision:
As Cabinet Member for Integrated Children’s Services, I agree to:
A) directly award contracts to all existing commissioned Open Access provision (Youth Services, seven providers, for 16 months and Children’s Centres, two providers, for 12 months) on the same terms and conditions and values as the current contracts. The contracts will end on 31 March 2023
Division affected: (All Division);
Proposed decision
i. Allocate £5m from the Children Young People and Education Services Capital Budget to the scheme to expand Thamesview School to a PAN of 210.
ii. Authorise the Director of Infrastructure in consultation with the General Counsel and the 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.
Background
This FED follows on from the Decision 19-00071, taken on 15 October 2019 whereby the Cabinet Member for Education and Skills agreed to publish a Public Notice on a proposal to expand Thamesview School by increasing the Published Admission Number (PAN) from 150 places to 210 places from September 2021 by confirming the school’s Published Admission Number at 180, and to then add an additional 1FE taking the school PAN up to 210 for September 2021.
KCC continually monitors the provision of school places through the County Council’s Commissioning Plan for Education Provision. The plan is a five-year rolling plan that is updated annually. It sets out our future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent. A copy of the plan can be viewed from this link:
In 2019, the Commissioning Plan indicated that there was a growing demand for Year 7 non-selective places in the Gravesham and Longfield non-selective planning area from the start of the 2019-20 academic year.
Early forecast figures that will populate the next iteration of the Commissioning Plan (2022-2026) indicate that Gravesend and Longfield Non-Selective Planning Group is forecast to have a small surplus of 38 Year 7 places (1FE) for the 2022/23 intake. However, the following year shows a deficit of 75 places (2.5FE) by 2023/24. This deficit fluctuates in succeeding years but is not forecast to return to a surplus.
Following discussions with the school, the decision has now been taken to expand the school from its current PAN of 180 to 210 from September 2023, to assist in addressing the forecasted deficit.
This FED is to notify the decision to allocate the funding for the proposal to permanently expand Thamesview School from a PAN of 150 to a PAN of 180 in September 2021 and to further increase the PAN to 210 in September 2023.
Options
There are seven secondary schools in the Gravesend and Longfield Non-Selective Planning Group. These are: Longfield Academy, Meopham School, Northfleet School for Girls, Northfleet Technology College, Saint George's CE School (Gravesend), St. John's Catholic Comprehensive School and Thamesview School.
Of these, Meopham School, St George’s CE School, Northfleet School for Girls and Meopham School are either being expanded, or are the subject of a future proposal to expand. Northfleet Technology College is under feasibility for an expansion and Longfield School has been offering additional places under a local arrangement for several years. Thamesview School is the only remaining candidate for expansion.
Thamesview School is a popular school and the proposal to increase the number of Secondary places at the school is therefore, in line with the expectation of expanding popular & successful schools. The proposal will confirm the school’s admission number of 180 and add an additional 30 places taking the school PAN up to 210 for September 2023. It will be achieved through building additional accommodation and service space on the Thamesview site.
Decision Maker: Cabinet Member for Education and Skills
Decision published: 29/10/2021
Effective from: 06/11/2021
Decision:
As Cabinet Member for Education and Skills,I agree to:
(i) Allocate £5m from the Children Young People and Education Services Capital Budget to the scheme to expand Thamesview School to a PAN of 210.
(ii) Authorise the Director of Infrastructure, Strategic and Corporate Services in consultation with the General Counsel and the Director of Education to enter into any necessary contracts / agreements on behalf of the County Council.
(iii) Authorise the Director of Infrastructure, Strategic and Corporate Services to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts.
Proposed decision
The Cabinet Member for Finance, Corporate and Traded Services to agree the award of a new contract for Kent County Council’s insurance arrangements to the successful provider identified through a procurement exercise for the period of 3-5 years, with the possible option to extend for a further 1-2 years.
Reason for the decision
The current insurance programme was due to be tendered during 2020 but as a result of the impact of Covid-19 and the volatility in the market, a decision was taken to agree one-year policy extensions. The tender process re-commenced in 2021 and new arrangements are due to be in place for 1st January 2022.
Background
Insurance cover is required to protect the Council’s financial position in respect of losses it may suffer when undertaking its business.
Kent County Council’s main insurance programme is currently held with Zurich Municipal under a 5-year Long Term Agreement. The agreement requires Zurich Municipal to provide cover by way of casualty (Public Liability & Employer’s Liability), motor and property policies.
Options
Kent County Council has three options, when the arrangement with Zurich Municipal ends on 31st December 2021 –
1. To seek a further 12-month extension to the current programme.
2. To do nothing and self-insure without additional insurance cover.
3. To undertake a tender exercise to procure a new insurance programme
It is recommended the Council proceeds with a tender exercise to procure a new insurance programme for the next 3-5 years. Whilst a further extension might be available, the proposed terms are currently unknown, and it is likely that prices would be increased in the absence of competition.
Proceeding without insurance cover is not recommended as the Council would risk significant claims spend – particularly if a total property loss was to be suffered or a catastrophic personal injury claim was to be received.
How the proposed decision meets the objectives of ‘Setting the Course’: Kent County Council’s Interim Strategic Statement 2021-2022’
The proposed decision responds to the financial challenge articulated in ‘Setting the Course’ as the insurance tender will seek to secure value for money.
Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Decision published: 27/10/2021
Effective from: 04/11/2021
Decision:
As Deputy Leader and Cabinet Member for Finance, Corporate & Traded Services I agree to:
Division affected: (All Division);
Lead officer: Lee Manser
Background
On 15th March 2021, the Department for Transport (DfT) published its wide-ranging National Bus Strategy (NBS) entitled “Bus Back Better”.
It is a strategy which sets out ambitious goals covering a range of key areas supporting bus operation. The NBS is backed by £3 billion of investment across England and a commitment to repurpose current funding. It is aimed at seeing passengers benefiting from “more frequent, more reliable, easier to use, easier to understand, better coordinated and cheaper bus services.”
There is an expectation that LTAs will work closely in partnership with bus operators, particularly those with commercial services, to better integrate bus routes and ticketing to make travel easier for passengers.
The strategy sets an ambitious timeline for LTAs to comply with the strategy, which allows continued access to both current and future funding. Operators also need to co-operate with this process to retain their funding streams.
The timelines dictate that it has not been possible to follow normal governance processes for development and sign off of this version of the BSIP but officers have sought to engage with all Members and other stakeholders throughout its formation and have developed a program that will allow for greater input to the version that will be formed following understanding of the funding settlement.
The required timelines to be met are as follows:
1. LTAs and bus operators must commit in principle to the introduction of EPs by 1st July 2021 – Complete
2. LTAs are required to publish a Bus Service Improvement Plan (BSIP) by the end of October 2021 – The purpose of this decision.
3. The EP will be developed in line with the Statutory processes to achieve implementation of the EP Plan and EP Schemes by April 2022.
Options
The NBS effectively narrows the decision down to just two options. Firstly, to comply with the procedure and timescales set out by the DfT, or secondly, not to proceed with this second part of the process (BSIP publication). The latter course of action would put funding from the Government’s BSOG and CBSSG schemes at risk, taking some £7 million of annual funding out of Kent’s bus network.
Decision Maker: Cabinet Member for Highways and Transport
Decision published: 21/10/2021
Effective from: 29/10/2021
Decision:
As Cabinet Member for Highways and Transport, I agree to:
• Publish on the KCC website and submit to DfT the pre-settlement funding version of Kent’s Bus Service Improvement Plan and
• Delegate to the Corporate Director, Growth, Environment and Transport, in consultation with the Cabinet Member for Highways and Transport to approve any final amendments to reflect additional government guidance and non-material changes to the text of the Plan, prior to its publication.
Division affected: (All Division);