Issue details

Reason for Urgency

The Court has ordered the Council to take all possible steps to increase its capacity to safely accommodate and care for all UAS children who arrive in Kent and are notified to it. Directions have also been made requiring the Council to agree an action plan with Central Government with steps to achieve that objective.  Since the court direction, the Council has been developing a plan subject to funding by Central Government, to increase accommodation and support for UAS children in Kent. Discussions have been progressing with the Home Office to agree a revenue and part-capital funding package, which is significantly progressed albeit not yet agreed in full.  An element of additional capital funding was finalised on 8 December 2023 through a grant agreement with the Department of Education (DfE).   It has been necessary to progress the decision via urgency procedures as the alternative would involve a significant delay of between 2 and 6 weeks, reducing the Council’s ability to comply with its legal requirements and bring the accommodation at the soonest opportunity, which is necessary given that the accommodation will be needed when UAS children numbers in Kent start to increase in the Spring.

Due to the constantly changing situation with regards to various Court proceedings and negotiations over funding, it has not been possible to take this decision via KCC’s normal governance route.

Reason for the decision

1.    This decision sets out the Executive Policy choice to take steps to secure the required UASC accommodation and establish relevant service provision to meet the Council’s statutory obligations to all UAS children notified to it.

2.    The decision is necessary to provide authority for the mobilisation of significant resource and Council activity toward delivering an expanded service in this area, to comply with legal duties arising under statute (including the Children Act 1989) and a number of court judgements and orders. 

3.    The financial implications exceed £1m. All costs are expected to be reimbursed in full by Government. The costs represent substantial service development, including amending the estate requirements for the service, which has implications for properties currently marked for disposal. The decision confirms the policy requirement to direct the relevant KCC resources to support the policy objective to ensure sufficient accommodation and support is in place to meet legal requirements. 

4.    For the Council to comply with its statutory duties and the most recent requirements confirmed by the courts, it must continue to move at pace to secure the additional UAS child accommodation and put relevant service provision in place.

5.    It is in the interests of the relevant UAS children to have access to the accommodation and support being arranged by this decision as quickly as possible. 

6.    To deliver the service accommodation requirement to meet its statutory duties, the Council must enter into contracts as soon as possible to enable the necessary works to be completed and in time for when greater numbers of UAS children are expected to require support in spring/Summer 2024. As other funding arrangements are confirmed it will be necessary to progress at pace.

7.    The Court has directed the Council to take all possible steps to increase its capacity to safely accommodate and care for all UAS children who arrive in Kent and are notified to it.  Directions have also been made requiring the Council to agree a plan to provide accommodation and support for all UAS children. Since the court direction, the Council has developed a plan subject to funding by Central Government, to increase accommodation for UAS children in Kent. Discussions have been progressing with the Home Office to agree a revenue and part-capital funding package, which is significantly progressed albeit not yet agreed in full.  An element of additional capital funding was finalised on the 8 of December 2023 through a grant agreement with the Department for Education (DfE).  

8.    It has been necessary to progress the decision via urgency procedures as the alternative would involve a significant delay of between 2 and 6 weeks, reducing the Council’s ability to comply with its legal requirements and bring the accommodation at the soonest opportunity, which is necessary given that  the accommodation will be needed when UAS children numbers in Kent start to increase in the Spring.

9.    Due to the constantly changing situation with regards to various Court proceedings and negotiations over funding, it has not been possible to take this decision via the Council’s normal governance route.

Background

Following recent High Court judgments and orders, this decision is required to enable the Council to put in place the necessary arrangements to increase Ofsted regulated accommodation provision, to enter into necessary contractual agreements and operational arrangements to deliver the required services in line with the court orders, and to meet its statutory duties, including its Section 20 duties, in relation to all UAS children arriving in Kent.

Options (other options considered but discarded)

In view of the urgent requirement to comply with the Council’s statutory obligations and court orders, no alternative options were considered. However, during the delivery of the programme’s initial actions that led to the report, options were considered in respect of identifying scaling up the service provisions and suitable accommodation options.

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

The proposal and subsequent decision align to the Council’s Framing Kent’s Future Strategy in that it will enable Kent’s Children’s Service to deliver the Council’s statutory duties under the Childrens Act 1989 and the recent judgments and orders made by the High Court. Funding is being sought from Central Government to ensure that the Council is not financially disadvantaged and that budgets are not impacted adversely.

Financial Implications

The Financial implications are set out in detail within the report accompanying the decision.

The financial implications set out the estimated capital and revenue costs, both one off and recurring and the need to ensure that the Council’s costs are fully funded by Central Government.

The latest estimated capital costs total £32.93m, the revenue costs total £20m to £23m in 2023-24, up to £60m for 2024-25 and annually going forward. Initial funding of £9,2m for revenue costs has been provided by the Home Office and discussions are on-going regarding the remainder of the revenue funding requirement and the funding model. The Department of Education has confirmed £10.39m capital funding, with the Home Office confirming in principle £16.8m capital funding, leaving a shortfall of just under £6m. The shortfall in capital funding is included in the funding discussions with the Home Office.

The forecast out-turn for 2023-24 and the budget for 2024-25 assume that the costs incurred by the Council will be fully funded. Any shortfall in funding will impact on the Council’s financial sustainability and is highlighted as a key risk.

Legal Implications 

Legal advice has been provided by the Council’s legal advisors in relation to the ongoing litigation and the context and impacts it has to the proposal and decisions required. This will include operational activity required under the decision, including the management and instruction of works to make properties fit for purpose, and the development and implementation of the required UAS Child service provision to provide appropriate support to this vulnerable group, will be progressed via delegated authority as set out in the decision.

The scale of the activity approved will be detailed in the report and authority to implement is limited to the level determined by the policy position, to ensure the Council’s compliance with the court orders and its statutory obligations.  The legal risks to the Council of not undertaking the approved activity and/or fully discharging its statutory obligations are set out in the report.

If the level of works and support change to a substantially beyond the core policy decision to meet legal requirements, or funding should cease to become available from Central Government or is insufficient to fund this activity, further reports and decisions may need to be made.