Proposed Decision:
To commission, via an external provider, Independent Advocacy, Independent Visitors, Independent Persons, Accompanying Adults, Appropriate Adults and Leaving Care Mentoring services to support children and young people.
Reason for decision:
The current service, called Representation, Rights and Advocacy (RRA), is commissioned via an external provider due to the need to have provision independent of the Local Authority. Having used all allowable extensions, the current contract ends in September 2027. This service is required to allow Kent County Council to meet its statutory obligations.
The current service has several service elements:
· Leaving Care Mentoring – The provision of mentoring for care leavers aged 18–25 who are transitioning to independent living.
The proposal is to commission an externally delivered service with the six elements together with one provider covering the county.
Using the current cost of the service, £258,800 per annum, for a contract for four years with two, two year extensions would mean that the total value of the contract exceeds £1m and impacts more than two electoral divisions.
Background:
· Local authorities have statutory duties that underpin the elements of the these services.
· This proposal seeks approval to commission a new service that covers all of these elements for an initial term of four years (with two, two year extensions) following a compliant procurement .
· Commissioning activity includes developing the Specification with professional stakeholders and children and young people.
Options
In any commissioning activity, the options considered include
1. Do nothing – KCC would fail to meet its statutory obligations
2. Creating a new in-house model – Would not meet requirements of some elements to be independent from the Local Authority
3. Externally commissioning a new service – Would meet statutory requirements for provision
These will be explored in more detail for the Recommendation Report.
Links to the Council’s Strategic Statement
This proposal aligns with Reforming Kent, 2025-2028; Aim three of Reforming Kent “Supporting residents that need help.”
The proposed service will support and empower young people to make informed choices about their care and to feel safe throughout their care journey. It will provide consistent, rights?based support during the custody process and throughout any age assessment, ensuring young people understand what is happening, can express their views, and are actively involved in decisions that affect them.
Financial Implications:
This service is currently budgeted from the Council’s General Fund. Spend is reported within the revenue budget against the Key service line Children in Need – Care and Support (payments and commissioned services).
The current cost of the service is £258,800 per annum which has been held for many years. We are expecting a price negotiation at the point of the agreed extension in September 2026.
Financial modelling is currently being undertaken and will be available at the point of Decision. This is to understand the impact of holding the price of the current contract to todays values along with a model of delivery consistent with market feedback.
The new proposal seeks a contract term of four years with two, two year extensions.
Legal Implications:
As this service has six elements, the legal basis differs, as follows:
|
Service Element |
Statutory obligation |
|
Appropriate Adults |
Police and Criminal Evidence Act 1984 (PACE) and its Code of Practice C. |
|
Accompanying Adults |
Case law – including B v Merton, FZ v Croydon, together with Home Office policy, establishes that a supportive adult is required as best practice to ensure procedural fairness and achieve a Merton?compliant age assessment. |
|
Independent Visitors |
Children Act 1989, ss.23zb |
|
Advocacy |
Adoption and Children Act 2002, ss.26a |
|
Independent Persons |
Children Act 1989, ss.24d and 26 |
|
Leaving Care Mentoring |
A non-statutory element that helps children in care prepare for adulthood and directly address the improvement area highlighted by Ofsted in The 2025 Ofsted Children’s Services Review, by strengthening the support available to care leavers.
|
The procurement of the services will be conducted in compliance with the Procurement Act 2023.
Decision type: Key
Decision status: For Determination
Notice of proposed decision first published: 21/04/2026
Decision due: Not before 20th May 2026 by Cabinet Member for Integrated Children's Services
Reason: To allow 28 day notice period required under Executive Decision regulations
Lead member: Cabinet Member for Integrated Children's Services
Lead director: Ingrid Crisan
Department: Education & Young People's Services
Contact: Christy Holden, Head of Children's Commissioning.
Consultees
The report will be presented to the Children, Young People and Education Cabinet Committee on 12 May 2026
Financial implications: Please see information above
Legal implications: Please see information above
Equalities implications: Equalities implications An Equality Impact Assessment (EQIA) has been completed. The EQIA did not identify any negative impacts on individuals with protected characteristics. Data Protection implications DPIA underway.