Proposed decision
1) Allocate £1.5m of the Children’s, Young People and Education capital budget to address the issues covered in the privileged legal advice considered.
3) Delegate authority to the Director of Infrastructure to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under any of these contracts.
Reason for the decision
Chilmington Green Secondary School opened in September 2023 in temporary accommodation. The Department for Education (DfE) is delivering the new school premises, which are due to be operational September 2025. Issues have arisen which need to be resolved in order to ensure the new school building occupied. The legal responsibility for funding the resolution to the issues is a matter of contention and potential legal dispute.
The proposed decision supports the key priority “Levelling up Kent” within the ‘Framing Kent’s Future (2022-26)’. It helps deliver our commitment to maintain KCC’s strategic role in supporting schools and settings in Kent to deliver accessible, high quality education provision for all families.
The proposed decision supports “Securing Kent’s Future – budget recovery strategy”. It contributes towards delivering the Service’s MTFP savings target, ensures value for money, and a sharp focusing of the available resources to delivering the Council’s statutory duties.
Decision type: Key
Decision status: Recommendations Approved
Notice of proposed decision first published: 06/09/2024
Reason for urgency:
To make provision to respond to contractual dispute and continue to support the opening of essential secondary school provision.
Anticipated restriction: Fully exempt - View reasons
Decision due: 28 Aug 2024 by Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Reason: This decision was taken under urgency procedure
Lead member: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Lead director: Christine McInnes
Department: Education & Young People's Services
Contact: David Adams, Assistant Director Education (South Kent) Email: david.adams@kent.gov.uk Email: david.adams@kent.gov.uk Tel: 01233 898559.
Consultees
No Cabinet Committee consultation possible due to urgency process. A report will be presented to a future Children’s, Young people and Education Cabinet Committee.
Financial implications: Detailed funding considerations and the wider financial impact will be set out in an Exempt Report for the Decision Maker. The current Basic Need Capital Budget totals £172.8m for the period 2024-2027 and will be impacted, at least in the short-term, whilst the legal responsibility for funding the additional costs is resolved and funds recovered. The Basic Need Capital Programme is managed as a series of projects and any additional funding requirement could require re-consideration of other planned activities. However, growing inflationary and other build cost increases including the increased risk of continued use of temporary accommodation supports the progression of this matter as quickly as possible to minimise greater financial costs being incurred.
Legal implications: Detailed legal advice regarding the KCC liabilities and options for redress will be available to the Decision-maker. The decision represents a recognition of relevant legal risks, balanced against the policy choice to prioritise the progression of the school project to ensure successful delivery of the school and compliance with KCC’s statutory duty to ensure sufficient school places. Key considerations will be set out in the Exempt Report.
Equalities implications: Equalities implications: The equalities impact assessment does not identify any negative impacts on any group with protected characteristics. Data Protection implications: The proposed decision does not create any data protection implications.