Issue details

Proposed decision

     I.      APPROVE the increase of Laleham Gap School’s designated number from 188 students to 208 students.  

    II.      AGREE for officers to issue a Public Notice to permanently increase Laleham Gap School’s formal designated numbers.

  III.      Delegate authority to the Corporate Director for Children, Young People and Education, in consultation with the Cabinet Member, subject to no substantive objections being received and following expiry of the formal 4 week notice period, to take necessary actions to implement the decision.

Reason for the decision

Kent County Council (KCC) as the Local Authority, has a statutory duty to ensure sufficient high quality school places are available, in the right places for all learners, while at the same time fulfilling our other responsibilities to raise education standards and promote parental preference. The County Council’s Commissioning Plan for Education Provision in Kent is a five-year rolling plan which is updated annually. It sets out KCC’s future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent.

Increasing the designated number at a maintained special school by 10% or 20 places is a significant change to the school and therefore a statutory process. ‘Making Significant Changes (‘prescribed alterations’) to maintained schools. Statutory guidance for proposers and decision maker, August 2025’ must be adhered to. The decision maker is the Local Authority.

Background

Laleham Gap School is a Foundation Special School and a member of Kent Special Educational Needs Trust (KSENT), catering for pupils aged 4-18 years who have Communication and Interaction special education needs associated with autism and/or speech, language, and communication. Laleham Gap School is already admitting pupils over and above their current designated number of 188. This proposal will formally increase the designated number of the school and includes the addition of 20 places aided by the conversion of the rooms previously used by the Specialist Teaching and Learning Service at Laleham Gap School.

Options (other options considered but discarded)

Other options were not considered as Laleham Gap is a Specialist School proving education and support to pupils with special needs and the proposal is specific to the school.

How the proposed decision supports the Council’s Strategic Statement

This proposal is necessary for KCC to continue to deliver the statutory duty, in a cost-effective

way, in line with the guidelines described KCC’s strategic statement. It will help to maintain.

KCC’s strategic role in supporting schools in Kent to deliver accessible, high-quality education

provision for all families, particularly those with SEND.

Reforming Kent 2025-2028

Aim 1 Putting Kent Residents First

Aim 3 Supporting residents that need help

Objective 6 Improve processes and outcomes for our SEND services while tackling the unsustainable growth in demand.

Aim 4 Building better communities

Priority 2 Tackle inequalities

Financial Implications

Capital

The limited conversion of the Specialist Teaching and Learning Service accommodation at Laleham Gap has been met within the school’s own resources.

Revenue

Local Authorities are responsible for funding state-funded Special Schools, through the commissioning of places using a specific-ring fenced revenue grant from the Department of Education (known as the High Needs Block of Dedicated Schools Grant). The costs are expected to be fully met from this grant and not a cost to Council’s General Fund.

The LA will agree the commissioned number of places with the school, based on the designated number and the actual level of need, on an annual basis.  The commissioning cycle which commences each autumn will confirm the number of known students who will require a place for the following September. The commissioned number currently determines the minimum number of places a school will be paid for each academic year.  Approved changes can be made during the academic year if required and funding would expect to follow.

Legal Implications 

KCC, as the Local Authority, has a statutory duty to ensure sufficient school places are available. This duty applies to mainstream settings, as well as SEND provision. The County Council’s Commissioning Plan for Education Provision in Kent 2026-30 is a five-year rolling plan which is updated annually. It sets out KCC’s future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent.

Under the Children and Families Act 2014 KCC has a duty ‘to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes’. By ensuring we have appropriate provision as locally as possible, we are delivering on our obligation in accordance with this legislation.

Local Authorities need to deliver their statutory duties and be aware of non-statutory guidance

and advice, which relate to children and young people. These include:

• Department for Education - Making significant changes (prescribed alterations) to maintained schools (August 2025): statutory guidance for proposers and decision makers.
• Sufficiency Duties: KCC is under a statutory duty to contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education and secondary education are available to meet the needs of the population of their area: section 13 of the Education Act 1996 (“the 1996 Act”).
• KCC must ensure that its education functions are exercised by the authority with a view to promoting high standards, ensuring fair access to opportunity for education and training, and promoting the fulfilment of learning potential by every person under the age of 20 and those over the age of 20 and for whom an EHC Plan is maintained: section 13A. By section 14, KCC must secure that sufficient schools for providing primary and secondary education are available for their area, defined as being sufficient in number, character and equipment to provide for all pupils the opportunity of appropriate education.
• KCC, when carrying out its functions must have “due regard” to the provisions of section 149 of the Equality Act 2010, known as the ‘public sector equality duty’.