Issue details

Proposed decision

To procure a new framework contract for the placement of children and young people with Education, Health and Care Plans in the Independent and Non Maintained Independent Special Schools sector from 1 September 2026.

Reason for the decision

-      The Non-Maintained Independent Special School Dynamic Purchasing System (NMISS DPS) was established following a Key Decision (Decision - 21/00049 - Non-Maintained and Independent Special School Commissioning Strategy) in September 2022 for an initial period of three years, ending 31 August 2025. This is a zero guaranteed spend with multiple providers contract compliant with Public Contract Regulations 2015.

-      A one year extension of the contract was approved by the Cabinet Member for Education and Skills in February 2025 (Decision - 25/00007 - Non-Maintained Independent Special School (NMISS) Dynamic Purchasing System (DPS) - Contract extension and re-procurement options)  thereby extending the contract end date to 31 August 2026.

-      Approximately one third of the Independent and Non Maintained Special Schools (INMSS) used by the Council to make placements for children and you people are currently on the framework contract. Increasing provider participation in the new framework is essential to shaping a more inclusive and effective relationship with the sector.

-      A new framework contract, that is compliant with the Procurement Act 2023, will be required to be ready to use as of 1 September 2026.

-      Aligned with the Kent SEND Strategy 2025–2028, the new contract aims to increase participation from the INMSS sector, improving oversight, outcomes, and reducing reliance on distant placements and associated travel costs.

Background

-      Kent County Council (KCC) has a statutory duty to ensure that all children and young people receive suitable education, under the Children and Families Act 2014 and the SEND Code of Practice (2015).

-      Prior to the implementation of the current NMISS contract, all placements within the independent sector were arranged through spot purchasing. This, coupled with a gradual increase in the number of placements in the independent sector, has contributed to a year-on-year rise in placement costs.

-      The NMISS framework contract was introduced for KCC to be compliant with procurement legislation and to enable the monitoring and assurance of the quality of provision, improve outcomes for children and young people placed in the independent sector, and achieve better value for money.

-      While the current NMISS contract has delivered progress against these aims, significant learning has emerged. The upcoming procurement will address known challenges and barriers, with a continued emphasis on quality and outcomes for children and young people.

-      Implementing a new contract will support the development of a more inclusive and effective relationship with the sector, aligned with Kent’s strategic objectives, including the Countywide Approach to Inclusive Education and the commitments outlined in the Framing Kent’s Future Strategy and Securing Kent’s Future Budget Recovery strategy, particularly in addressing concerns of lower school attendance and placement breakdowns in the independent sector.

-      The procurement of an open framework arrangement with Independent and Non-Maintained Special Schools (INMSS) aligns with the implementation of the review of the KCC Maintained Special Schools by promoting inclusive, local provision, improving oversight through robust quality assurance, and managing system-wide demand to ensure specialist placements are reserved for those with the most complex needs. Both approaches prioritise reducing reliance on distant placements, enhancing educational and wellbeing outcomes, and engaging stakeholders to build confidence in local SEND provision.

Options (other options considered and not recommended)

-      Do Nothing: Allowing the current contract to expire and revert to spot purchasing. This option is not considered compliant with the Procurement Act 2023, limits KCC’s ability to strategically manage provider performance, and undermines achievement of value for money objectives.

-      Directly award contracts to known well performing schools: This would require significant activity to be able to meet the requirement that providers in receipt of a directly awarded contract have a proven track record and could potentially see providers  challenging decisions as to why some providers would be selected over others and potentially receive individual negotiations on each of the contract terms making the services impossible to manage to get consistency of outcomes for children across Kent.

-      Extend the current DPS framework contract using the remaining extension clauses in the existing contract. This option was previously considered and discarded as part of the decision to implement a one year extension of the contract in February 2025 as referenced above. 

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

-      Priority 1 - Levelling up Kent -  To maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.

-      Priority 2 - Infrastructure for Communities - A commitment to maximise social value to attract additional community benefits. 

-      Priority 4 - New Models of Care and Support – 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.

How the proposed decision supports Securing Kent’s Future Budget Recovery Strategy  2022 -2026:

-      It will meet the strategic objectives by contributing to bringing the Council’s budget back into balance.

-      It will prioritise Best Value considerations.

Legal Implications 

Kent County Council has a statutory responsibility when placing children and young people in the Independent and Non-Maintained Special School sector. These include:

-      Education Act 1996: KCC has a statutory responsibility under the act to provide education for all children and young people until age 19 and to age 25 for those with EHC plans.

-      Children and Families Act 2014: Requires KCC to secure the special educational provision in a child’s Education, Health and Care Plan (EHCP), including placements in NMISS where appropriate.

-      SEND Code of Practice (2015): Provides statutory guidance on working with families and providers to ensure suitable, high-quality placements.

-      SEND and AP Improvement Plan (White Paper, expected Autumn 2025): Is likely to introduce national standards for commissioning, regional frameworks, and stronger accountability for SEND outcomes.

-      Kent’s SEND Strategy 2025 -2026 aligns with the above legislative frameworks and focuses on inclusive, local provision, and the Commissioning Plan for Education Provision in Kent sets out the Council’s approach to meeting future SEND demand through strategic planning and provision.

-      The procurement of a new framework, undertaken in compliance with the Procurement Act 2023, and with appropriate legal advice, will facilitate the discharge of the Council’s above statutory duties.