Proposed decision
(a) Approve the adoption and implementation of the Education Accessibility Strategy 2025-28.
(b) Delegate authority to the Corporate Director of Children’s, Young People and Education, in consultation with the Cabinet Member for Education and Skills, to refresh and/or make revisions to the strategy where changes do not require additional governance.
(c) Delegate authority to the Corporate Director of Children’s, Young People and Education to take relevant actions, including but not limited to, entering into and finalising the terms of relevant contracts or other legal agreements, as necessary, to implement the above decision.
Background
Schedule 10 of the Equality Act 2010 (the “Act”) places a duty on the local authority to prepare a written accessibility strategy relating to the schools it is responsible for. It also places a duty on responsible bodies of schools (i.e. governing bodies and trusts) to prepare a written accessibility plan.
In general, accessibility is about making sure a person is not excluded from something because of their disability. It is about removing barriers so that someone with a disability can do what they need to, in a similar amount of time and effort as someone who does not have a disability.
This strategy must set out how the local authority and its maintained schools currently ensure education is accessible for pupils with SEND, and what steps will be taken to further improve accessibility in the three areas:
1. increasing the extent to which disabled pupils can participate in the schools’ curriculums;
2. improving the physical environment of the schools so that disabled pupils are able to take increased advantage of educational benefits, facilities or services provided or offered by the schools;
3. improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled.
Removing barriers empowers people with disabilities and helps them to be as independent as possible.
The Education Accessibility Strategy 2025-28 has been drafted. This will be consulted on prior to presentation to the Children’s, Young People and Education Cabinet Committee.
How the proposal will support Framing Kent’s Future 2022-26:
The proposal will support:
Priority 1: Levelling Up
Priority 4: New Models of Care and Support
How the proposal will support Securing Kent’s Future 2022-26:
The proposal will support:
Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP.
Financial Implications
Currently, £750,000 is allocated each financial year from the Annual Planned Enhancement Budget for School Access Initiative works. In 2024-25, the total budget for SAI works was £1.9m (including £1.2m roll forward from previous years). This budget has been fully committed to projects due to be completed in either 24-25 or 25-26.
Accessibility audits in KCC maintained schools have been completed between 22-23 and 24-25 at a total one-off revenue cost to the general fund of approximately £450,000 to inform the future strategy. These costs have been reported against the “other schools services” key service budget line. There are no specific roles within the LA dedicated to accessibility instead a range of staff currently advise schools on accessibility and curriculum access, many of whom are charged to the Special Educational Needs revenue budget, most of which are funded from the High Needs Block of the Dedicated Schools Grant. Staff in the infrastructure service also support when specific building works are identified/ scoped / planned or agreed.
There are no additional revenue costs expected with this proposal. Implementation of the policy will be administered through existing resources.
Decision Maker: Cabinet Member for Education and Skills
Decision published: 07/02/2025
Effective from: 15/02/2025
Decision:
As Cabinet Member for Education and Skills I agree to:
(a) Approve the adoption and implementation of the Education Accessibility Strategy 2025-28
(b) Delegate authority to the Corporate Director of Children’s, Young People and Education, in consultation with the Cabinet Member for Education and Skills, to refresh and/or make revisions to the strategy where changes do not require additional governance.
(c) Delegate authority to the Corporate Director of Children’s, Young People and Education to take relevant actions, including but not limited to, entering into and finalising the terms of relevant contracts or other legal agreements, as necessary, to implement the above decision.
Lead officer: David Adams
Proposed decision
(a) Approve the adoption and implementation of the Schools Access Initiative Policy and Procedure
(b) Delegate authority to the Corporate Director of Children’s, Young People and Education, in consultation with the Cabinet Member for Education and Skills, to refresh and/or make revisions to the policy where changes do not require additional governance.
(c) Delegate authority to the Corporate Director of Children’s, Young People and Education to take relevant actions, including but not limited to, entering into and finalising the terms of relevant contracts or other legal agreements, as necessary, to implement the above decision.
Background
The County Council provides capital funding, the Schools Access Initiative (SAI), to improve access for disabled pupils to the maintained mainstream schools for which it has capital responsibility (community, foundation and voluntary controlled schools). It supports the implementation of the Education Accessibility Strategy.
The SAI Policy and Procedure outlines the process for allocating the funding.
What is planned
The SAI Policy and Procedure has been drafted. This will be consulted on prior to presentation to the Children’s, Young People and Education Cabinet Committee for approval in January 2025.
How the proposal will support Framing Kent’s Future 2022-26:
The proposal will support:
Priority 1: Levelling Up
Priority 4: New Models of Care and Support
How the proposal will support Securing Kent’s Future 2022-26:
The proposal will support:
Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP.
Decision Maker: Cabinet Member for Education and Skills
Decision published: 07/02/2025
Effective from: 15/02/2025
Decision:
As Cabinet Member for Education and Skills I agree to:
(a) APPROVE the adoption and implementation of the Schools Access Initiative Policy and Procedure
(b) Delegate authority to the Corporate Director of Children’s, Young People and Education, in consultation with the Cabinet Member for Education and Skills, to refresh and/or make revisions to the policy where changes do not require additional governance.
(c) Delegate authority to the Corporate Director of Children’s, Young People and Education to take relevant actions, including but not limited to, entering into and finalising the terms of relevant contracts or other legal agreements, as necessary, to implement the above decision.
Lead officer: David Adams
Proposed decision:
The Cabinet Member for Education and Skills to:
1. Authorise the allocation of an additional £2,063,000, thus creating a revised project budget of £16,963,000 from the Basic Need capital budget for the expansion of Rosherville Church of England Academy, London Road, Northfleet, Gravesend, Kent, DA11 9JQ, increasing the Published Admission Number (PAN) from 20 places per year group to 60 places per year group, facilitated by a relocation onto a new site on Crete Hall Road, Northfleet, DA11 9AA.
2. Delegate authority to the Director of Infrastructure to, in consultation with the Director of Education, enter into any necessary contracts or other legal agreements, as required to implement this decision; and
3. Agree for the Director of Infrastructure to be the nominated Authority Representative within the relevant agreements, with authority to enter variations as envisaged under the contracts.
Reason for the decision
On 6 March 2004, through Decision number 24/00019, the Cabinet Member for Education and Skills agreed the funding for the proposal based on robust cost estimates provided at that time.
This proposal has experienced several significant challenges due to the transfer of the land for the school site. Additional costs have now been notified to the Assistant Director North Kent, Ian Watts, that require a decision to be made
Background
Gravesham Borough’s population is increasing with more families moving into the area and as a result, Kent County Council needs to add additional primary school places to manage the increase in demand. One strategy for providing additional school places is to expand existing successful and popular schools.
The proposal addresses two issues. That of increasing the primary provision in the Northfleet area and providing Rosherville Church of England Academy with a new site and modern buildings, within the Cable Wharf development, but less than 200 metres from the existing school site. This issue has been mentioned in previous Kent Commissioning Plans for a number of years.
Rosherville Church of England Academy is a small 20 PAN primary school, sited on a challenging site on top of a quarry cliff. The site is unsuitable for several reasons. It is restricted by topography on the south and east boundaries, and by the B2175 (London Road) to the north.
A Section 106 land transfer agreement with Keepmoat Homes Ltd (the developer), entered on 20th March 2019, was completed on 21st October 2024 following protracted and complex negotiations with the developer.
The Funding for this project was granted under Record of Decision 24-00019. Costs were calculated prior to tender submission as a result of the urgency with which the contract was being entered. Department of Education Output Specification has resulted in a measure of cost uplift, and other cost pressures have been identified.
The Predicted Overspend, including KCC contingency, is assessed as being £2,062,923.
Securing Kent’s Future
The 'Securing Kent's Future' strategy outlines the measures that KCC intend to take to ensure that Kent remains financially stable, now and long into the future. It describes the statutory priorities, one of which being the statutory duty to ensure sufficient school places are available to any child or young person who requires one. This duty applies to Special Educational Needs (SEN) provision, as well as mainstream settings.
This proposal is necessary for KCC to continue to deliver the statutory duty, in a cost-effective way, in line with the guidelines described in the Securing Kent's Future strategy. It will help to maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.
The County Council’s Commissioning Plan for Education Provision in Kent 2024-28 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. A copy of the latest plan can be viewed from this link: https://www.kent.gov.uk/education-and-children/schools/education-provision/education-provision-plan
Financial Implications
Capital
Funding for this project was granted under Record of Decision 24-00019. Costs were calculated prior to tender submission as a result of the urgency with which the contract was being entered. Department of Education Output Specification has resulted in a measure of cost uplift, and other cost pressures have been identified.
· Record of Decision 24-00019 £14,900,000
· Forecast project cost @ 29/10/2024 £16,962,923
· Predicted Overspend, including KCC contingency £2,062,923
An allowance of up to £2,500 may be payable to the school, to outfit each new teaching room with appropriate ICT equipment, such as touch screens or projection equipment. This will be met from the overall Capital allocation for this project.
Should the scheme not proceed through to completion, any costs incurred at the time of cessation would become abortive costs and are likely to be recharged to Revenue. This would be reported through the regular financial monitoring reports to Cabinet.
Revenue
£6,000 per newly provided learning space, would be provided towards the cost of furniture and equipment. This would be provided to the school to purchase required equipment. The school would receive funding for the additional pupils that it admits in line with the funding allocated to schools through KCC’s Schools Funding Formula.
Human
The school will appoint additional staff as required; utilising revenue funding allocated through the Schools Funding Formula for these additional pupils.
Decision Maker: Cabinet Member for Education and Skills
Decision published: 07/02/2025
Effective from: 15/02/2025
Decision:
As Cabinet Member for Cabinet Member for Education and Skills, I agree to:
1. Authorise the allocation of an additional £2,063,000, thus creating a revised project budget of £16,963,000 from the Basic Need capital budget for the expansion of Rosherville Church of England Academy, London Road, Northfleet, Gravesend, Kent, DA11 9JQ, increasing the Published Admission Number (PAN) from 20 places per year group to 60 places per year group, facilitated by a relocation onto a new site on Crete Hall Road, Northfleet, DA11 9AA.
2. Delegate authority to the Director of Infrastructure to, in consultation with the Director of Education, enter into any necessary contracts or other legal agreements, as required to implement this decision; and
3. Agree for the Director of Infrastructure to be the nominated Authority Representative within the relevant agreements, with authority to enter variations as envisaged under the contracts
Lead officer: Ian Watts
Proposed decision:
· Adopt the SEND Strategy 2025-2028 on behalf of Kent County Council.
· Delegate authority to the Corporate Director of Children, Young People and Education in consultation with the Cabinet Member for Education and Skills to refresh and/or make non-substantial revisions to the Strategy as appropriate during the lifetime of the strategy.
· Delegate authority to the Corporate Director of Children, Young People and Education to take relevant actions, including but not limited to finalising the terms of, and entering into required contract or other legal agreements, as necessary to implement the decision.
Background
The Special Educational Needs and Disabilities (SEND) strategy reflects our comprehensive plan to enhance the provision of services for children and young people with Special Educational Needs and Disabilities.
If adopted, it will replace the SEND Strategy 2021-24.
The strategy is the result of extensive engagement with stakeholders, including parents, carers, educators, health and social care professionals, and young people themselves. A formal public consultation took place during the autumn, closing on the 11th November 2024.
How the proposal will support Framing Kent’s Future 2022-26:
The proposal will support:
Priority 1: Levelling Up
· To ensure that all communities in Kent have access to opportunities and resources that enable them to thrive.
· To improve the health and well-being of all residents in Kent.
· To maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families.
Priority 4: New Models of Care and Support
· Respond to national policy changes SEND provision, work with SEND families to rapidly improve the service provided to SEND children and work with mainstream schools so more can accept and meet the needs of children with SEND, increasing choice and proximity of school places.
How the proposal will support Securing Kent’s Future 2022-26:
The proposal will support:
Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2024/25 budget and MTFP.
· The strategy promotes inclusive practices in education and community services, ensuring that children and young people with SEND have the same opportunities as their peers. This fosters a culture of acceptance and equality, crucial for social cohesion. It will support the CYPE placement strategy and will reduce the need for pupils to travel distances to access school places thus reducing the impact on the Home to School transport budget.
· The strategy includes initiatives to support young people with SEND in their transition to adulthood, including further education, vocational training, and employment opportunities. This helps to build a skilled and diverse workforce, essential for economic resilience.
Decision Maker: Cabinet Member for Education and Skills
Decision published: 07/02/2025
Effective from: 15/02/2025
Decision:
That the Cabinet Member for Education and Skills agrees to:
· Adopt the SEND Strategy 2025-2028 on behalf of Kent County Council.
· Delegate authority to the Corporate Director of Children, Young People and Education in consultation with the Cabinet Member for Education and Skills to refresh and/or make non-substantial revisions to the Strategy as appropriate during the lifetime of the strategy.
· Delegate authority to the Corporate Director of Children, Young People and Education to take relevant actions, including but not limited to finalising the terms of, and entering into required contract or other legal agreements, as necessary to implement the decision.
Proposed decision
The Cabinet Member for Education and Skills:
Reason for the decision
At the Children’s, Young People and Education Cabinet Committee on 16 May 2024 a suite of reports on the county’s Special Educational Needs and/or Disabilities (SEND) Transformation were presented, one of which related to the structures that would support increased local collaboration, (Report Pack - Item 8a, p53-80).
After public consultation (Locality Model for Special Educational Needs Inclusion | Let’s talk Kent) the decision was taken in August 2024 by the Cabinet Member for Education and Skills to proceed with the Locality Model implementation.
Part of adopting the Locality Model for SEN Inclusion (also known as Communities of schools) was to establish how the High Needs Block (HNB) of the Dedicated Schools Grant (DSG) would be allocated to mainstream schools in Kent to support the implementation of the new locality model, to meet the conditions set out in the safety valve agreement with the Department for Education (DfE), and to ensure the effective allocation of resources to schools to further deliver improvements for children
Recent reviews of Special Schools (CYPE Cabinet Committee 21st November, points 8.4 & 11.6.2 and 16th May) and Specialist Resource Provision Review (CYPE Cabinet Committee 16th May) also considered the suitability of the current funding systems for both education settings and shared principles for possible new funding models. These findings have been considered in developing these proposals.
Background
Kent County Council (KCC) is responsible for the distribution of SEN funding to schools & colleges to enable a pupil or student with high needs to participate in education or training (referred to as High Needs Funding (HNF), Element 3, or top-up funding). This funding is expected to be fully funded from the HNB of the DSG, provided by the DFE.
The method for allocating SEN funding to support pupils & students in either a mainstream schools, SRP or special schools has not been fundamentally reviewed for a significant number of years, with the last funding review of special schools and SRP taking place in 2010, and mainstream school funding review in 2018.
The combined spending on SEN top-up funding in mainstream schools and the total costs of places in SRPs and Special Schools equates to approximately 57% of the total High Needs Grant Income in 23-24. Therefore, it was important to review the current system for allocating funding to state-funded schools, and whether it still aligns to and supports the aims of the wider SEN transformation programme in Kent (including actions identified in both the Accelerated Action Plan and Safety Valve).
Options (other options considered but discounted)
Three other options were considered:
§ to maintain the current funding systems
§ to implement a Tariff funding system
§ to implement a Locality Model funding system
Option one was discounted as unsustainable for Kent. Existing systems for allocating the funding from the HNB of the DSG are not currently performing well in Kent. There are currently three different systems for allocating SEN funding to support children attending either special schools, SRPs or mainstream schools which has led to a lack of transparency and equity as to how funding is allocated to settings for children with comparable requirements for support or specific provisions. This is also being reflected in the increase in exceptional claims for individual children in SRP and special schools, where their average funding rates are no longer sufficient. The current system is also heavily dependent on the use of the identified “primary need” of a child to determine the funding rate which is being impacted by waiting times for diagnosis and does not reflect the level of support required. During the time these systems have been in operation, the level of overspend on high needs has continued to increase, with higher numbers of ECHPs being requested and demand for more specialist provision continuing to increase, whilst previous OFSTEDs have identified SEN outcomes were not being achieved. This further indicates how our current methods for distributing SEN funding to schools is not sufficiently aligned to meet the required levels of support.
Option two was discounted as a viable ‘one single’ model for Kent due to tariff systems[1] tending to be used in conjunction with individual funding allocations for children (those with EHCPs) rather than for wider operations and funding of SEN Support in mainstream. The inflexibility this system would bring were considered too restrictive for SEN Support services in the county and would be a risk to the improvements already achieved in schools so was considered to be unsupportive of innovative use of resources (for mainstream) if used on its own. Merits were noted however in the stability a tariff model could offer smaller cohorts of pupils with higher levels of need.
Option three was discounted as a viable ‘one single’ model for Kent because the flexibility was considered too much for the whole system at the current time; the county needs higher levels of financial oversight and accountability due to the sustained levels of overspend in the HNB. Merits were noted however in the innovative and adaptive way it could serve mainstream schools for pupils with wider support needs.
Proposals were then developed combining elements from options two and three into a single funding system for Kent. The system will utilise the structures of Communities of schools to deliver a flexible Community budget that can be used to fund SEN support services (including specific funding allocations for the support of individual children and other specific SEN services) alongside the use of a tariff funding structure to support the allocation of specific funding to schools for pupil’s with more complex needs that looks at the adaptation of provision that might be needed.
How the proposed decision supports Securing Kent’s Future andFraming Kent's Future - Our Council Strategy 2022-2026
Undertaking this work will support Framing Kent’s Future through:
Priority 1: Levelling Up Kent and our commitment to maintain KCC’s strategic role in supporting schools in Kent to deliver accessible, high quality education provision for all families, specifically:
- Maintain improvement support services for all Kent schools, including maintained schools and academies, to maintain Kent’s high-quality education system.
Priority 4: New Models of Care and Support and our commitment to support the most vulnerable children and families in our county, specifically:
- Respond to national policy changes on SEND provision, work with SEND families to rapidly improve the service provided to SEND children and work with mainstream schools so more can accept and meet the needs of children with SEND, increasing choice and proximity of school places.
Undertaking this work will support Securing Kent’s Future by:
- Supporting Objective 1 in bringing the budget back into balance through cost avoidance achieved by supporting more children in mainstream schools from the outset of their statutory education and avoiding the use of non-maintained independent special school placements.
- Objective 3 looking at policy choices and the scope of the Council’s ambitions maintaining discretionary services that add value and support outcomes the council is seeking to achieve, where we must be more rigorous in assessing the value of those services, and where necessary re-scope the council’s ambition and interventions to something that is proportionate and affordable.
- Further transforming the operating model of the Council (Objective 4) through a greater focus on understanding and demonstrating impact will enable more effective decision making about how and where to focus the use of resources.
Financial Implications
Total spending on mainstream top-up and SRP & Special Schools Places is forecast to be approximately £225m in 2024-25. Top-up funding for mainstream schools is forecast to be approximately £50m and includes funding for SEN support services for individual children (equating to approximately 40% or £20m) along with funding for children and young people with an Education, Health, and Care Plan (EHCP). Total funding for SRPs & Special Schools places is approximately £175m of which £80m (46%) relates specifically to Element 3 top-up funding, whilst the remainder relates to core placement funding (not the subject of this proposal). This is funded from the HNB of the DSG which is a specific ring-fenced education grant from the DfE.
KCC is one of a number of Local Authorities which have a DfE Safety Valve Agreement to support with the highest overspends on SEN services to achieve a financially sustainable longer-term position. Kent’s annual overspend on the High Needs Block had progressively grown to over £50m by 2022-23, resulting in an accumulated deficit of nearly £150m. The agreement meant the DfE would make additional contributions of £140 million, alongside an £82 million contribution from KCC itself, to pay off the estimated accumulated deficit and help to balance the high needs budget by 2027-28. In return for this, KCC must implement actions intended to resolve the in-year overspend and achieve future financial sustainability. The Safety Valve agreement has avoided the need for KCC to otherwise impose up to £222 million of spending reductions on SEN services over the equivalent period. The Kent Safety Valve agreement states:
“The authority agrees to implement the DSG management plan that it has set out. This includes action to:
3.1. Implement a countywide approach to ‘Inclusion Education’, to further build capacity in mainstream schools to support children and young people with SEND, thus increasing the proportion of children successfully supported in mainstream education and reducing dependence on specialist provision
3.7. Ensure there is sufficient and consistent capacity across the county to support children with severe and complex needs in their local area where possible
3.8. Develop a school/area-led approach to commissioning of SEN support services (Locality Based Resources), to better respond to the needs of children and young people with SEND”
(page 2 and 3 DfE DSG ‘Safety Valve’ Agreement: Kent)
Kent must implement a sustainable approach to HNF to meet the DfE Safety Valve agreement and to ensure financial sustainability in this area moving forwards; the proposed SEN funding model in conjunction with the wider locality model is expected to build the robust governance and monitoring processes required to implement the necessary new approaches outlined in the agreement through the use of one overarching funding model across mainstream, SRP and special schools.
Legal Implications
Local Authorities must follow government guidance on distribution of their HNF Block and work under the SEND Code of Practice 2015, these guidance documents were used in the development of the funding model proposed. Links are provided below in the ‘Supporting Documents’ section.
Under the Children and Families Act 2014 KCC has a duty to ‘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’.
Advice will be sought from Legal Services as required during the implementation phase of the decision.
Decision Maker: Cabinet Member for Education and Skills
Decision published: 07/02/2025
Effective from: 15/02/2025
Decision:
As Cabinet Member for Education and Skills, I agree to:
Lead officer: Siobhan Price
Proposed Decision:
The Cabinet Member for Education and Skills:
Reason for the decision:
Background:
1. Estimated increase in Teachers Pension Employer Contribution (TPEC) by 5 percentage points, to 28.6% from 1st April 2024 to ensure that the scheme continues to meet present and future obligations (estimated total £30.5m for schools in Kent of which £17.1m will be paid directly by DfE to academies)
2. Estimated increases in schools resulting from the September 2024 teachers pay award announcements and support staff pay increases from 1st April 2024 (the Core Schools Budget Grant is estimated total £31.2m for schools in Kent of which £17.5m will be paid directly by DfE to academies).
3. Estimated increases for early years providers of the free entitlement offer in resulting from teachers’ pay award from September 2024 (the Early Years Budget Grant, estimated total £0.3m for early years providers in Kent)
· The Local Authority is responsible for the passporting of these grants to individual maintained primary and secondary state-funded schools and this has been prescribed by the Department of Education as part of the terms and condition of the grant (and therefore is not part of this key decision). Mainstream Academies and Free Schools will receive their grant allocations directly from the DfE.
· The Council must decide how the funding for Alternative Provision (AP) (including pupil referral units, AP academies & free schools, and hospital school), and state-funded special schools should be allocated (estimated total TPEC £4m & CSBG £4.2m). Interim payments have been made to schools, to support cash-flow, in lieu of this decision and final grant allocations being confirmed).
· Additional funding received for independent schools and centrally employed teachers will be used to support 24-25 price uplift requests and pay increases (respectively) in accordance with the grant conditions.
· The Council must decide how the funding for early year providers should be allocated (estimated total EYBG £0.3m).
Options (other options considered but discarded):
Framing Kent’s Future and Securing Kent’s Future:
· The decision is linked to the key priority “Levelling up Kent” within the ‘Framing Kent’s Future (2022-26)’
· Whilst the decision relates to the distribution of ring-fenced grant, this decision is linked to achieving the overall objectives of ‘Securing Kent’s Future – Budget Recovery Strategy’ whereby proposals are linked to ensuring financial sustainability of special schools and alternative provision (of which the majority are LA maintained schools, whereby KCC retains responsibility), and additional funding to support price uplift requests which will avoid further financial pressure on the High Needs Block of the Dedicated Schools Grant and support the financial recovery.
Decision Maker: Cabinet Member for Education and Skills
Decision published: 07/02/2025
Effective from: 15/02/2025
Decision:
As Cabinet Member for Education and Skills, I agree to:
Lead officer: Karen Stone
Proposed decision
That the Cabinet Member for Integrated Children’s Services:
(a) APPROVE the establishment of in-house provision for children and young people
(b) Note that the progression of establishing an in-house model will require £3.8m capital funding to be allocated through the 2025 budget setting process and
(c) AGREE that progression will be subject to Full Council’s approval of the budget.
(d) DELEGATE authority to the Corporate Director of Children, Young people and Education to design and implement the staffing and asset utilisation model to support the establishment of in-house provision for children and young people
(e) DEGELATE authority to the Corporate Director of Children, Young people and Education, in consultation with the Cabinet Member for Integrated Children’s Services, to initiate and progress the OFSTED registration process
(f) DELEGATE authority to the Corporate Director of Children, Young people and Education to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision
(g) DELEGATE authority to the Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, Corporate Director for Finance, and General Counsel, to approve and execute all relevant property matters as required to implement the decision.
Reason for the decision
Increasing residential placements costs within children’s services was identified as a critical area within ‘Securing Kent’s Future’ (2023). As part of our long-term financial sustainability planning for Children’s High-Cost Placements, investment in Kent County Council’s own in-house provision is considered as part of a range of options to deliver best value and better outcomes for children.
The proposed decision is an invest to save proposal by KCC to develop and offer its own Ofsted registered children’s residential homes to address high-cost placements, for children whose needs require support in such provision.
Investing in our own in-house provision will achieve better outcomes for children through positive behaviour approaches, deliver revenue savings over the Medium-Term Financial Plan period and enhance financial sustainability of service delivery, as part of our longer-term strategy for mixed provision (both in-house and commissioned).
Background – Provide brief additional context
KCC’s current policy is to commission placements from private providers, in spot purchasing arrangements given the immediate and complex needs of children. This means our costs are determined by market forces and pricing decisions by providers, which whilst influenced through our commissioning approach, limits our financial control. Having an element of in-house provision would enable the Council to control costs more directly (e.g. property and staffing costs).
Children with complex needs require different types of care and support placements, which can lead to significant costs. These types of placements can often involve intensive ratios of staff support to keep the child safe and can involve specialist residential settings (in or out of county), with limited options available in the market. KCC is actively working to reduce the use of unregistered accommodation (i.e. accommodation which is not registered with Ofsted). Unregistered accommodation is used only exceptionally in an emergency when there is no other alternative in circumstances of imperative necessity and where the placement is essential to avoid a breach of the child’s Convention rights.
Nationally, other local authorities have made the decision to invest in their own in-house provision, as well as commissioned provision, as part of a longer-term sustainable strategy for managing placement costs and rising demand for placements of children with complex needs. Many local authorities are already operating, or in the advanced stages of delivering a range of types of accommodation, including in-house residential homes.
The proposal is to develop a short/medium term service (emergency provision) to support stabilisation of the child’s complex behaviours and step down their needs whilst suitable longer-term provision in more ‘home like’ settings is secured to achieve better long-term outcomes. This aims to avoid the number of children being placed in expensive commissioned placements, and/or unregistered placements.
This aims to:
· Enhance outcomes and service quality for children
· Transition children to better matched and best value registered placements
· Enhance our social work offer for children, young people and families
· Mitigate risk to KCC and our children by reducing the likelihood of unregistered placements, poor continuity of care or inappropriate settings
· Use KCC’s commissioning arrangements to further negotiate improved costs across the market
· Using strengths-based models, increase likelihood of future cost avoidance by increasing independence and stability, better outcomes and emotional toolkits for children accessing the service.
· Ensure KCC is acting lawfully in only placing children in registered children’s homes under section 22C(6)(c) of the Children Act 1989
Options (other options considered but discarded)
A wide range of options were considered in an options appraisal, informed by key stakeholders and subject matter experts. This included consideration of best value, the opportunities (e.g. potential benefits and ability to deliver critical success factors) and risks, impacts and potential challenges for each option.
The proposed recommended option is to develop an in-house service, operating from C2 residential homes owned and operated directly by Kent County Council. The service would use positive behavioural approaches and therapeutic community support to stabilise and step down the needs of children and young people. The homes would be Ofsted registered and staffed by KCC staff. The placements would be targeted at children and young people in high costing placements, including those placed in unregistered provisions. Whilst KCC would continue to progress with developing its own provision, joint working with Health and Medway Council would be pursued alongside this option.
Other options which were explored but discounted in the options appraisal included:
· Do nothing and continue to utilise existing external providers and commissioning arrangements to lower placement costs including spot purchase from private providers.
· Jointly invest with Health and Medway Council in KCC’s own residential property assets for short/medium term use with the intention to set up further provisions for long term care, developing support from therapeutic communities.
· Use a phased approach with the initial focus on setting up targeted intervention (for example, therapeutic support for a set amount of time to reduce need and cost) for children who are high cost or who are likely to become high cost (including unregistered) and commissioning solutions such as developing a framework of providers, block contract with private providers or commissioning a private provider.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
The proposal aligns to the key priorities set within Framing Kent’s Future through Priority 1, Levelling up Kent and Priority 4, New Models of Care and Support.
Priority 1, Levelling up Kent - In-house provision in Kent could support the Kent economy to be resilient with market changes as part of a long-term strategy with providers, whilst using preventative approaches to improve outcomes for children and young people in Kent.
Priority 4, New Models of Care and Support - In-house provision could support some of the most complex and vulnerable children and young people within Kent whilst enhancing commissioning practice, using innovative and alternative methods to deliver care and building on partnerships to deliver best outcomes.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
The proposal sets out a strong case for investment to create in-house provision as part of a longer-term financial sustainability strategy of mixed provision that will support the council in achieving its strategic objectives in Securing Kent’s Future. ?
Achieving best value from in-house provision is not just about financial viability and cost-effectiveness but is also about considering whether sustainable outcomes for children are likely to be enhanced and to increase quality of life and everyday independence skills, choice, control and personal agency.
Financial Implications
The recommended option presents best value and is affordable and financially viable. The £3.8m capital investment was agreed in principle through KCC’s Capital Funding governance arrangements but is subject to final approval of the budget at County Council in February 2025. Accounting for a range of revenue costs (including property, staffing and supported borrowing costs), the financial case shows that in-house provision is substantially more cost effective than private provision (£9.98m compared to £15.19m), with an overall net revenue saving of -£5.21m in the next 5 years, delivering savings over the Medium-Term Financial Plan.
This revenue saving relates to KCC’s agreed 2024-2027 budget (approved by County Council in February 2024) which set out policy savings for Children’s Residential Care (development of in-house residential units to provide an alternative to independent sector residential care placements – invest to save).
At this stage KCC has not identified specific properties which may be acquired. This is due to the limited C2 use class market and time sensitive nature of decision taking around property acquisitions. The decision therefore delegates authority to the Director of Infrastructure to identify and acquire property(s) to meet the service needs subject to this being within the capital envelope of £3.8m to facilitate the provision of four units and two beds each.
As required in the Council’s new Asset Management Strategy full lifecycle costings will be factored into the financial appraisal. This will ensure the acquisition of properties does not lead to additional pressures on the Council’s limited maintenance budgets and to ensure the long-term financial sustainability of the service.
Should the proposal proceed into implementation this necessitates the requirement for the provision to be Ofsted registered. The registration process decision is made by Ofsted and the time this process takes is outside of KCC’s direct control. In other local authorities this has taken up to a year. There is a financial risk a delay in registration approval delays the operational start date and could impact the financial year when revenue savings could be achieved. The revenue costs take into account contingency that staff employed could be redeployed flexibly on other work whilst we await registration and also assume contingency for occupancy.
Legal Implications
This proposal will continue to support children and young people within KCC’s statutory framework and Ofsted registered provision.
The key legal considerations associated with the development of registered children’s homes by KCC are as follows:
Decision Maker: Cabinet Member for Integrated Children's Services
Decision published: 05/02/2025
Effective from: 13/02/2025
Decision:
As Cabinet Member for Cabinet Member for Integrated Children Services, I agree to:
(a) APPROVE the establishment of in-house provision for children and young people
(b) Note that the progression of establishing an in-house model will require £3.8m capital funding to be allocated through the 2025 budget setting process and
(c) AGREE that progression will be subject to Full Council’s approval of the budget.
(d) DELEGATE authority to the Corporate Director of Children, Young people and Education to design and implement the staffing and asset utilisation model to support the establishment of in-house provision for children and young people
(e) DEGELATE authority to the Corporate Director of Children, Young people and Education, in consultation with the Cabinet Member for Integrated Children’s Services, to initiate and progress the OFSTED registration process
(f) DELEGATE authority to the Corporate Director of Children, Young people and Education to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision
(g) DELEGATE authority to the Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, Corporate Director for Finance, and General Counsel, to approve and execute all relevant property matters as required to implement the decision.
Lead officer: Kevin Kasaven
APPROVE a direct award of the Carers’ Short Breaks contract, for a period of twelve months, from 1 April 2025 to 31 March 2026, in accordance with the relevant justifications set out in Regulation 32(2)(c)of the Public Contract Regulations 2015;
APPROVE a modification in the form of an extension of the contract for a period of twelve months for Community Navigation Services (Part B), from 1 April 2025 to 31 March 2026, in accordance with the relevant justifications set out in Regulation 72 of the Public Contract Regulations 2015;
APPROVE commencement of procurement for a new Carers Support Services contract which combines both Carers’ Short Breaks and Community Navigation Services (Part B);
Reason for the decision
Kent County Council has statutory responsibilities under The Care Act 2014 which include assessing the needs of any adult (cared for or carer) with an appearance of need for care and support, and arranging services where appropriate to meet the unmet eligible needs of adults living in Kent. The Community Navigation Services (Part B) and Carers’ Short Breaks contracts support the council to meet this duty.
The current contracts for Community Navigation Services (Part B) and Carers’ Short Breaks expire on 31 March 2025.
The original project plan for procurement of the Carer’s Support Service was scheduled for key decision in September 2024 however due to capacity issues the project was delayed. Work is now progressing on the development of the Carers’ Support Service and to allow this activity to be completed, a twelve month extension of the current contracts until 31 March 2026 is required.
Background – Provide brief additional context
There are many different types of carers and they come from all walks of life, ages, ethnicities, and backgrounds - anyone can find themselves in a caring role at some point in their life. The Care Act 2014 defines a carer as someone in an unpaid role who provides or intends to provide care and/or support to another adult.
The Kent Adult Carers’ Strategy 2022 to 2027 describes how Kent County Council will work with all partners to make changes to improve the experiences of unpaid adult carers in Kent. It was developed in partnership with carers, people who draw on care and support, carers organisations, staff, and county councillors.
Kent’s strategy for Adult Social Care – ‘Making a Difference Every Day Kent Adult Carers’ Strategy sets out the vision: ‘Making a difference every day by supporting and empowering you to live a fulfilling life whilst being a carer, as long as you are willing and able’.
Building on the Kent Adult Carers’ Strategy we want to commission an improved offer for carers. We have been developing proposals for a future model with carers and through engaging with the market.
Leading on from what carers told us, we are considering introducing a single point of access for carers support services that is well promoted and marketed. We will ensure a greater focus on the benefits of completing a carers assessment so we can better understand the needs of carers. We will introduce a more local community based approach ensure the service has a wider reach into all parts of the community across Kent.
Options (other options considered but discarded)
Reprocure the contract within a short timeframe – Preparatory work has already been completed. This includes a range of co-production activity with carers, engagement with the market and other stakeholders to determine the requirements of the future offer. We would not want to lose the benefits of this work by rushing through a procurement exercise which does not continue to involve and engage stakeholders at every stage of the process. The council is also not assured there are currently reasonable alternatives in the market that could mobilise in such a short space of time. Additionally, the procurement will be undertaken under the Procurement Act 2023 Regulations, and as the legislation is new, it is important to ensure to ensure that the Council does not undertake a rushed exercise and inadvertently breaches the regulations.
End the contracts on 31 March 2025 - whilst it is recognised that ending these contracts could deliver a significant saving to the council, ending the contract was dismissed at this point for the following reasons:
· Loss of current support to vulnerable people
· People accessing the contract may fall into crisis resulting in a high
financial pressure on Kent County Council operational services (negates
possible benefit of saving on the contract value)
· Increased isolation and loneliness to unpaid carers.
· Statutory duties non-compliance under the Care Act 2014.
· Bringing the carers’ assessment responsibility back into the council’s adult social operational teams would incur significant impact on delivery and budget
Spot purchase services - would likely cost the council more money through individual arrangements with providers, lose consistency in service offer and risk oversight and control of the quality of provision. The council would also be in breach of the Procurement Act 2023.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
The proposed decision supports Priority 4 of Framing Kent’s Future – New Models of Care and Support and our commitment 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 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
The proposed decision support the service transformation opportunities as set out in Securing Kent’s Future to provide services which meet the needs of Kent’s residents whist meeting the council’s Best Value duty.
Financial Implications ;
The future budget for Carers Support Services is to be agreed between the council and NHS Kent and Medway Integrated Care Board. There are no plans from the council to reduce the budget for Carers’ Support Services.
At the present time the value of the contracts for the extension period is expected to remain the same. The current total annual value of the services is £6,847,446 and this would be the maximum value for the twelve month extension period.
NHS Kent and Medway Integrated Care Board contributes £1,252,704 to the Community Navigation (Part B) contracts and £779,681 to the Carers Short Break Service and has confirmed their commitment to the contract will remain for the extension period.
The proposed contract extensions have no impact on the Medium Term Financial Plan (MTFP) and there are no plans to make savings against these services.
Legal Implications:
Kent County Council has statutory responsibilities under The Care Act 2014 include assessing the needs of any adult (cared for or carer) with an appearance for care and support and arranging services and where appropriate meeting the unmet eligible needs of adults living in Kent. Where it appears to the local authority that a carer may have needs for support (whether currently or in the future), a carer’s assessment must always be offered.
In summary, the services are necessary and will allow KCC to recommission a new carers offer that better meets the needs of carers.
Regulation 72 (3) of PCR2015, requires Contracting authorities which have modified a contract in either of the cases described under Regulation (1)(b) and (c), should send a notice to that effect for publication, in accordance with Regulation 51. The risk to the council is that an alternate service provider may bring a legal challenge, arguing that the justifications for the modification of the contract, do not satisfy Regulation 72.
Officers will mitigate the risk of such a challenge by publishing a Notice on the central government "Find a Tender Service". This will notify the market of the council's intention to award this contract under Regulation 72 and start the 30 day time limit in which procurement challenges must be brought. This will have the effect of flushing out and/or time-barring any procurement challenge, allowing the council to make the modification with confidence once the 30 day time period has expired.
As the Carers Short Breaks Service has been the subject to a previous direct award under Regulation 32(2)(c) of PCR 2015, it is recommended that to mitigate the risk of challenge on the grounds of ineffectiveness (Regulation 99), that the Council publishes a VEAT Notice. The Public Contracts Regulations 2015, SI 2015/102, reg 99(3) provides that the above ground for ineffectiveness will not apply if the contracting authority:
· considers the contract award (without prior publication of a contract notice) to be permitted by the Public Contracts Regulations 2015, SI 2015/102, Pt 2
· publishes a voluntary transparency notice indicating its intention to enter into the contract, and
· observes a standstill period of at least ten days beginning with the day after the date the voluntary transparency notice was published.
Commissioners will follow the procurement regulations and Spending the Council’s Money in relation to any procurement that is undertaken.
Decision Maker: Cabinet Member for Adult Social Care and Public Health
Decision published: 31/01/2025
Effective from: 08/02/2025
Decision:
As Cabinet Member for Adult Social Care and Public Health I agree to:
a) APPROVE a direct award of the Carers’ Short Breaks contract, for a period of twelve months, from 1 April 2025 to 31 March 2026, in accordance with the relevant justifications set out in Regulation 32(2)(c) of the Public Contract Regulations 2015;
b) APPROVE a modification in the form of an extension of the contract for a period of twelve months for Community Navigation Services (Part B), from 1 April 2025 to 31 March 2026, in accordance with the relevant justifications set out in Regulation 72 of the Public Contract Regulations 2015;
c) APPROVE commencement of procurement for a new Carers Support Services contract which combines both Carers Short Breaks and Community Navigation Services (Part B); and
d) DELEGATE authority to the Corporate Director Adult Social Care and Health to take relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.
Lead officer: Richard Ellis
Proposed decision
AGREE to adopt the Integrated Care Strategy Delivery Plan
Reason for the decision
- To adopt the ICS Delivery Plan and to confirm the corporate position in the delivery of existing and new priorities.
- The Delivery Plan sets out theproposed priorities for action, developed by each corporate directorate, that will contribute to improved local health and to the delivery of the Kent and Medway Integrated Care Strategy (ICS) alongside the current contributions that the Council is making to the ICS Shared Delivery Plan.
Background – Provide brief additional context
- The Kent and Medway Integrated Care Strategy/Kent Joint Local Health and Wellbeing
Strategy Delivery Plan was endorsed by Cabinet in July 2024. At that point it was a high level overview which did not commit KCC to any specific actions and would be used as a basis to signpost to relevant strategies and programmes of work already underway
Since then work has taken place within each Council Directorate to capture work currently in train that contributes to improved health tackling the full range of wider determinants as well as addressing inequalities. As health is strongly impacted on by a wide range of social, economic, educational, community and environmentally focused issues, all parts of KCC are playing a key role in health locally.
Additionally, we wish to improve health locally and each directorate has a part to play. As a result directorate teams have developed and agreed priority actions that they will take over the next one to three years that will impact positively on local health. These have been largely framed to be of low or no cost, given the financial challenges we face.
The existing work and the new planned activity together represent KCCs contribution to the delivery of the Kent and Medway Integrated Care Strategy.
Options (other options considered but discarded)
- Do nothing; This would potentially negatively impact on the health of the people of Kent. It would additionally impact negatively on our reputation as a key local leader and partner in the wider Kent system and Integrated Care System.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
- Health and Wellbeing and its determinants, as broadly defined, are heavily influenced by Council led activity. The priorities within Framing Kent’s Future around Levelling Up, around strong community infrastructure, environmental step change and new service models around care and support and this agenda align well together.
- Improvements in all these areas will have a positive impact on the wider determinants of health and therefore the health and wellbeing of the population we serve. Conversely, the priority actions proposed all align well with delivery across the range of priorities within Framing Kent’s Future.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
- The decision is compliant with the Strategic Statement in the context of the significant financial challenges that the Council is facing
- Priority actions have been developed recognising the financial context and have focussed on developments that can be delivered at low or no cost.
- Additionally in some areas there is the opportunity to potentially identify savings opportunities through reduced service need.
- The operational delivery of agreed actions will be led within each directorate in line with Securing Kent’s Future and Best Value approaches.
Decision Maker: Cabinet
Decision published: 30/01/2025
Effective from: 07/02/2025
Decision:
Cabinet agree to:
a) ADOPT the Integrated Care Strategy Delivery Plan on behalf of Kent County Council
b) DELEGATE authority to the Director of Public Health in consultation with the Cabinet Member for Adult Social Care and Public Health and Leader of the Council to refresh and/or make non-substantial revisions to the Integrated Care Strategy Delivery Plan as appropriate during the lifetime of the document.
c) DELEGATE authority to the Director of Public Health, in consultation with the relevant Corporate Directors of affected services, to take relevant actions, including but not limited to finalising the terms of, and entering into required contract or other legal agreements, as necessary to implement the decision.
Lead officer: Richard Smith
Proposed decision:
To agree the Commissioning Plan for Education Provision in Kent 2025-29
Reason for Decision and Background
Kent County Council (KCC), as the Local Authority (LA), has a statutory duty to ensure sufficient school places are available. The County Council’s Commissioning Plan for Education Provision in Kent 2025-29 (KCP) is a five-year rolling plan which is updated annually. It sets out our future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent.
The Plan sets out how we will carry out our responsibility for ensuring there
are sufficient high quality places, 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 Plan details the expected future need for education provision, thereby enabling parents and education providers to put forward proposals as to how these needs might best be met.
This Plan reflects the dynamic and ongoing process of ensuring there are sufficient places for Kent children in schools, and other provisions. It is subject to regular discussion and consultation with schools, district/borough councils, KCC (Kent County Council) Elected Members, the diocesan authorities, and others. The content of this Plan reflects those discussions and consultations.
Options
The KCP sets out the principles by which we determine proposals, and it forecasts the need for future provision. It also sets out in more detail, plans to meet the commissioning needs which arise in each district and borough in Kent during the next five years.
Decision Maker: Cabinet Member for Education and Skills
Decision published: 30/01/2025
Effective from: 07/02/2025
Decision:
Cabinet agree to the Commissioning Plan for Education Provision in Kent 2025-29
Lead officer: Nick Abrahams
Proposed decision:
Cabinet is asked to:
(a) Note the forecast revenue overspend (excluding Schools)
(b) Note the forecast overspend on Schools’ Delegated Budgets
(c) Note the forecast capital underspend
(d) Note the progress on the delivery of savings
(e) Agree the capital budget changes
(f) Note the Reserves, Treasury Management and Prudential Indicators monitoring
Reason for the decision
Quarterly reports are presented which identify any management action required and recommendations for Cabinet decision. To provide Cabinet with more timely information, November’s monitoring is being presented to Cabinet in January 2025 rather than Q3 (December) in March 2025.
Background – Provide brief additional context
The report on the Council’s latest financial position will be reported to Cabinet on 30/01/25, which will show a forecast overspend excluding Schools’ Delegated Budgets. The forecast overspend presents a serious and significant risk to the Council’s financial sustainability if it is not addressed as a matter of urgency particularly as the approved budget for 2024-25 did not include any contingency provision meaning any residue overspend can only be offset from reserves. The report identifies the latest progress on savings compared to the original plan, any undeliverable savings are already reflected in the forecast.
Options (other options considered but discarded)
- The Council has already continued the spending controls introduced in 2023-24 into 2024-25 aimed at curtailing non committed spend, any further extension of spending controls is likely to impact on the Council’s ability to fulfil its statutory responsibilities.
- All options to reduce spend both one off and recurring are being considered to bring the 2024-25 budget back into balance.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
Framing Kent’s Future (FKF), the KCC Strategic Statement, was approved at County Council in May 2022 and sets out the council’s ambition and strategic priorities until 2026. FKF acknowledged the significant financial and demand pressures the council would be facing over the coming four years, whilst concurrently delivering an ambitious agenda for Kent residents, businesses, and local communities. The Securing Kent's Future plans and this related Finance Monitoring report 2024-25 reflects the need to confirm a re-prioritisation of Council business within the framework of Framing Kent's Future - further details are set out within the “Securing Kent's Future” Cabinet report.
How the proposed decision supports Securing Kent’s Future
Securing Kent’s Future (SKF) acknowledges that given the significance of adults and children’s social care within the council’s budget, and that spending growth pressures on the council’s budget overwhelming (but not exclusively) come from social care, that the priority of delivering New Models of Care and Support must take precedence over the other priorities in Framing Kent’s Future. This creates an expectation that council services across all directorates must collectively prioritise delivering the new models of care and support objective as a collective enterprise.
The Finance Monitoring report for November 2024-25 provides the detail of the latest financial position and the relevant information on the progress being made in terms of the savings and management actions to reduce the budget gap for the following year and the MTFP.
Decision Maker: Cabinet
Decision published: 30/01/2025
Effective from: 07/02/2025
Decision:
The Cabinet agree to:
a) note the forecast revenue overspend of £23.3m (excluding Schools’ Delegated Budgets)
b) Note the forecast overspend on Schools’ Delegated Budgets of £30.4m
c) Note the forecast capital underspend of £111.6m
d) Note the progress on the delivery of savings
e) Note and agree the Capital budget changes
f) Note the Reserves, Treasury Management and Prudential Indicators Monitoring
Lead officer: Cath Head
Proposed decision
To move the statutory functions delivered by the 18-25 section of the Strengthening Independence Service from the Children Young People and Education directorate to the Adult Social Care and Health directorate. This includes a transfer of workforce in services.
Reason for the decision
Transitions involve facilitating young people’s move from children’s services to adult services and typically occur between ages 18 and 25. The Strengthening Independence Service (SIS) sits within the Children, Young People and Education Directorate and oversees transitions between 0-25 for those with learning and physical disabilities.
The Director of Adult Social Services (DASS) at Kent County Council (KCC) is accountable for assessing local needs and delivering a full range of adult social services. These services support individuals under the provisions of Local Authority Social Services Act 1970 and the law defines an adult as someone aged 18 or over.
The Director of Children's Services (DCS) at KCC has statutory duties outlined in Section 18 of the Children Act 2004. These duties involve ensuring the delivery of local authority social care functions for children and young people. This includes, but is not limited to, providing services that meet the needs of all children, youth, including the most vulnerable, and their families.?
Under the current arrangements the Corporate Director Children, Young People, and Education (DCS) is overseeing a group falling outside their statutory role.?
??
To address this, the proposal is to transfer the statutory functions delivered by the 18-25 section of the Strengthening Independence Service from the Children, Young People and Education (CYPE) Directorate, to the Adult Social Care and Health (ASCH) Directorate meaning young adults will receive support from adult social care to better support them for independence. ?
Background – Provide brief additional context
The transitions process centres around the young adult and often includes multiple services such as social care, health and education.There are at present three pathways for transition in KCC:?
· Strengthening Independence Service oversees Transitions between 0-25 for those with learning and physical disabilities ?
o Multi-Agency Collaboration?
o Includes a Sensory and Young People’s Team?
· ASCH Adults Operations manage Post-18 transitions?
· Young adults within the Care Leaving Service (CLS) (18+ services)??
The Strengthening Independence Service (SIS) currently oversees Transitions between 0-25 for those with learning and physical disabilities. However, this means the DCS has responsibility for a cohort of people beyond their legal scope.
It is proposed to transfer the statutory functions delivered by the 18-25 section of the SIS from the Children Young People and Education Directorate to the Adult Social Care and Health Directorate from 1 April 2025.
The changes will also align with the Making A Difference Everyday Adult Social Care vision in Kent which sets KCC’s direction of travel to support people to live as full and safe a life as possible and make informed choices. This reflects the core purpose of supporting people to lead the lives they want to live, and in a place they call home, by putting people at the heart of everything we do.
In addition, this change ensures alignment with the DASS' statutory obligations, providing greater oversight and promotes a more holistic approach to young adult well-being as they transition from children’s to adult social care better preparing them for adulthood.
The proposals will result in greater consistency in adult experiences across KCC against all aspects of intervention. The transfer of service will ensure the DASS has greater oversight of all adult experiences supporting enhanced equality, inclusion, equity and application of social value. Furthermore, the transfer of service will align our practices with the updated Care Quality Commission (CQC) regulations which place a significant emphasis on the quality statement concerning safe systems, pathways and transitions. The function of safety and continuity of care is now a priority throughout people’s care journey and it is essential practices are aligned with the updated regulations to ensure the highest quality of care is provided to those we serve.
Staff moving between directorates are engaged and, although this won’t materially change the service, external partners will be engaged to make them aware. People who draw on care and support will be engaged and/or consulted with, should there be any proposals to make changes to the service in the future.
The change of directorate will resolve DCS responsibility beyond their legal scope. This aligns with various legal and policy frameworks, including:?
There are a number of issues these proposals will address including:
· Shifting Responsibility: When a child in Kent becomes an adult, the relationship with the council changes significantly. Parents previously made decisions, but at 16, young people gain legal rights and can make their own choices about social care and their future.?
· Transition Gap: For many young adults in Kent, transition into adult social care currently occurs at the age of 26 (it should be noted not all 18-25 years will come through SIS). There are exceptional cases of delay which will be avoided should the complete cohort of 18-25 sit within ASCH. The proposal to transfer the 18-25 service from SIS will contribute towards greater consistency in adult experiences of services aligned to ASCH’s co-produced strategy “Making a difference every day”. ?
· Improved Oversight: The DASS will have oversight and assurance on the impact of social care on people’s lives through the lens of equity of access, experience and outcomes for people who draw on care and support and unpaid carers, and alignment to key legal and policy drivers. ?
Implementation plans are developed to transfer the personnel and systems across the directorates and will ensure the transfer seamlessly integrates with the strategic objectives of the council and both CYPE and ASCH. Young adults who draw on care and support will not see or feel a difference and service continuity will be maintained with plans developed to minimize disruption to service delivery.
Concurrently with this proposed change, KCC is developing a vision for the transition system including:
Options (other options considered but discarded)
There is the option to maintain the service within CYPE; however, this will continue to mean the DCS oversees a group falling outside their statutory role and the DASS will not have streamlined oversight of a cohort of people who will draw on KCC’s care and support.
Alternatively, the possibility of a matrix management approach was considered which would enable CYPE to retain the 18-25 SIS service and introduce additional reporting lines into ASCH. This option was not taken forward as it would require additional roles to be created to make a matrix-management approach feasible, which would not add financial value or create efficiencies to the same or greater extent than the proposal to transfer the 18-25 SIS service from CYPE to ASCH.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
The proposed decision supports priority 4 within Framing Kent's Future - Our Council Strategy 2022-2026, with the commitment to ‘support the most vulnerable children and families in our county, ensuring social work practice supports manageable caseloads, reflective learning, joined up safeguarding and effective corporate parenting arrangements’, and explicitly to: “Act as a good Corporate Parent for those children in the care of KCC and improve support for young people as they transition into adulthood, whilst also improving support for those who transition into the adult social care system.”
One of the ways in which these commitments will be achieved is focussed on improving the support for young people as they transition to adulthood and the support received following transition into the adult social care system.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
Transitions is part of Securing Kents Future - Budget Recovery Strategy and this proposal supports the objectives for:
Preparing for adulthood/transition: Working across both ASCH and CYPE to optimise support for people between the ages of 14-25 as they transition from children to adult services, promoting independence in adult life. Working age people with learning disabilities are now living longer through better long-term management of medical needs, but this increases the need to promote independence earlier so long-term needs can continue to be met at reasonable cost to the council. Joint working with NHS partners will be critical given costs of support are incurred by both the NHS and social care.
This revised focus ensures alignment with the DASS's statutory obligations and promotes a more holistic approach to young adult well-being as they transition from children’s to adult’s social services.
Financial Implications
The budget for the statutory functions delivered by the 18-25 section of the Strengthening Independence Service will transfer from the CYPE Directorate to the ASCH Directorate. The budget to be transferred will include the 25-26 budget for 18-25 services, agreed as part of the Budget at County Council in February 2025, including budgets for both placement/support costs and related staffing budgets. The indicative total budget to be transferred, at the time of writing this report, will be approximately £59m, comprising £56m for package costs and £3m for staffing (based on indicative budgets for 25-26).
Legal Implications
The Director of Adult Social Services (DASS) at Kent County Council (KCC) is accountable for assessing local needs and delivering a full range of adult social services. These services support individuals under the provisions of Local Authority Social Services Act 1970 and the law defines an adult as someone aged 18 or over.
The Director of Children's Services (DCS) at KCC has statutory duties outlined in Section 18 of the Children Act 2004. These duties involve ensuring the delivery of local authority social care functions for children and young people. This includes, but is not limited to, providing services that meet the needs of all children, youth, including the most vulnerable, and their families.?
Under the current arrangements the Corporate Director Children, Young People, and Education (DCS) is overseeing a group falling outside their statutory role.?
If these changes are not implemented, the Corporate Director for Children, Young People, and Education (DCS) will continue to oversee a group falling outside their statutory role, and the DASS will continue to face a gap in oversight regarding the assessed needs and well-being of young adults aged 18-25 falling under their remit.
Decision Maker: Cabinet
Decision published: 30/01/2025
Effective from: 07/02/2025
Decision:
Cabinet agree to:
A. TRANSFER the statutory functions delivered by the 18-25 section of the Strengthening Independence Service, including the transfer of workforce in services, from the Children Young People and Education Directorate to the Adult Social Care and Health Directorate from 1 April 2025; and
B. DELEGATE authority to the Corporate Director of Adult Social Care and Health in consultation with the Corporate Director Children, Young People and Education to take the relevant actions, including but not limited to, awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision.
Lead officer: Sharon Howard
Proposed decision:
- To consider and note the outcome of the public consultation exercise
- To confirm the options that will not progress and those that will be further explored relating to the town centre Folkestone Library and Registration Service
- To confirm the nature of the temporary library and Registration provision in Folkestone town centre which will remain in place until a permanent provision is reinstated
- To confirm the next steps associated with the options to be further explored, including those relating to future of the Grace Hill building.
- To delegate necessary authority to relevant Directors for Growth and Communities and Infrastructure ,in liaison with the Cabinet Member for Community and Regulatory services and The Deputy Leader and Cabinet Member Finance, Corporate and Traded Services , to implement the decision as necessary from a service and property perspective.
Reason for the decision
- A Key decision is needed to confirm which of the options outlined in the consultation will be the subject of more detailed exploration to determine the next steps in relation to the future of the Grace Hill building and the future location of a town centre Folkestone Library and Registration Service. The decision will also confirm which options have been discounted.
- A further key decision will be sought once this further exploration is completed.
- Due to the condition of the Grace Hill building and KCC’s financial position and the limitations on property maintenance budgets, Folkestone Library has been temporarily closed since December 2022
- An 8-week public consultation has been completed.
- Once all relevant information has been compiled it is necessary for the Cabinet Member to take a decision on the future of Folkestone Library and Registration Service in Folkestone town centre and to delegate necessary authority to officers to implement this decision.
- This will provide clarity on the Council’s intentions for where Folkestone Library and Registration Service will be delivered from within Folkestone town centre.
- The decision will include the appropriate delegation to implement any decision including the property aspects
Background – Provide brief additional context
- The Libraries, Registration and Archives Service (LRA) is a statutory and highly valued public service delivered through a network of 99 libraries, five register offices; five mobile libraries, an archive centre, the stock distribution and support function building at Quarrywood, the information service - ‘Ask a Kent Librarian’ as well as the 24-hour accessible online services.
- Folkestone Library is part of Kent’s statutory library service.
- The temporary closure of the Grace Hill building in December 2022 was on the basis of health and safety grounds. The poor condition of the Grace Hill building has been exacerbated by the listed nature of its construction which has led to complexities to complete pro-active maintenance.
- The repairs needed to reopen Folkestone Library in the Grace Hill building are now estimated to cost in the region of £2.9 million. This figure was compiled by a KCC surveyor in April 2024.KCC remains under significant financial pressure.
- The building is listed as an Asset of Community Value under the Localism Act 2011.
Options considered as part of the consultation
At the time of the public consultation KCC put forward a preferred option that the Library and Registration Service permanently move out of the Grace Hill building and that it move to a new high street location with the FOLCA project the preferred option, subject to further discussions with Folkestone and Hythe District Council, or an alternative town centre location.
- Below is a list of all other options outlined in the consultation;
o Continue with temporary provision permanently and exit the Grace Hill building.
o Make repairs to the Grace Hill building, re-open Folkestone Library and co-locate with other services.
o Relocate full library service to another existing KCC building.
o Sell and then lease back part of the building.
o Move service to an alternative leasehold site
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
- Consideration will be given to ensure we are meeting KCC’s statutory duties
- Supporting Net Zero has will be a consideration
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kent’s Future - Budget Recovery Strategy.pdf
- Financial factors are a key consideration of the decision
- Consideration will need to be given to whether the decision is compliant with the Strategic Statement in the context of the significant financial challenges that the Council is facing.
- Best Value considerations will be taken into account.
Decision Maker: Cabinet Member for Community and Regulatory Services
Decision published: 29/01/2025
Effective from: 06/02/2025
Decision:
As Cabinet Member for Community and Regulatory Services I agree to:
A) APPROVE to issue the draft consultation report set out in Appendix B.
B) APPROVE to Issue the consultation response set out in Appendix C.
C) Note that KCC remain committed to a full town centre library provision in Folkestone Town Centre.
D) APPROVE that further work be undertaken to explore and implement an alternative town centre location for the temporary library and registration service, from which a greater range of services could be delivered, within current budgets, until a permanent library and registration service location is opened in the town centre.
E) APPROVE that the options for the future of the Grace Hill building which involve KCC retaining responsibility for maintenance and repair of the building, be discounted, acknowledging that this will very likely require KCC to make a disposal of the building to a third party (by way of freehold transfer or grant of a long lease), and progress actions relating to its listing as an asset of community value (ACV), including issuing a notice to Folkestone & Hythe District Council of intention to dispose (Folkestone & Hythe District Council being the statutory body that administers the ACV process under the Localism Act 2011) This notice will trigger the ACV process.
F) APPROVE that further work be undertaken on the two remaining options, including further engagement with Creative Folkestone and, if appropriate, other individuals or groups who may make proposals for the Grace Hill building (including through the ACV process).
G) DELEGATE authority to the Corporate Director of Growth, Environment and Transport to issue the draft consultation responses
H) DELEGATE authority to the Corporate Director of Growth, Environment and Transport, in consultation with the Cabinet member for Community and Regulatory Services to proceed with the work required on the remaining two options, noting that these will be subject to further governance and decision making
I) Delegate authority to the Corporate Director of Growth, Environment and Transport in consultation with the Cabinet Member for Community and Regulatory Services to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.
J) Delegate authority to the Director of Infrastructure in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement the decision.
Lead officer: James Pearson
Proposed decision
Retrospective agreement to enter into an agreement with Sport England to act as accountable body for Active Kent and Medway (AKM) and confirm acceptance to receive a grant for £3,452,950 and for the authority to accept future grants awarded as part of Move Together to be delegated to the Director of Growth and Communities in consultation with the Cabinet Member for Community and Regulatory Services and the S105 Officer or Cabinet Member for Finance.
Reason for the decision
AKM is retrospectively seeking agreement for KCC to receive external grant funding on its behalf as per the key decision criteria (award exceeds £1million) to enable the service to continue to function.
It should be noted that AKM is an externally funded service hosted by KCC, established in 2006 for the purpose of promoting and providing opportunities for Kent’s residents to be physically active and to enjoy the associated benefits.
Background
Active Kent & Medway (AKM) is one of 43 Active Partnerships in England. The principal funders are Sport England and Kent County Council via a Public Health Grant whose strategies and outcomes set the direction of our work and activity. Our vision is ‘more people, more active, more often’. Our mission is to ‘change and improve lives through sport and physical activity’. In order to achieve this, AKM aims to increase participation in sport and physical activity with a focus on encouraging the least active of Kent’s 1.9 million residents to become more active; through the promotion of the associated personal and public health benefits and targeting resources where need is greatest, especially at those from under-represented groups including women, older people, people living with a disability or long-term health condition, ethnically diverse communities and people from lower socio-economic groups. AKM engages with partners and networks across the county – including those in health, adult social care, community cohesion, housing, and transport as well as governing bodies of sport, clubs, school sports networks, charities, leisure providers and local authorities, to provide opportunities for everyone to get involved in sport and physical activity for enjoyment as well as wider health and social outcomes.
In 2022 AKM was awarded a grant of £3,452,950 by Sport England for the period 2022 - 2027 to enable the delivery of “Move Together” the countywide strategic framework for sport and physical activity.
AKM has subsequently been offered, in principle, a further £219,600 of investment for work specifically focused on the delivery of the School Games and Active Lives Children and Young People Survey. Work within the scope of Move Together as an extension of the initial award.
At point of offer of this investment it has come to light that whilst Move Together was shared with GED&CCC for feedback, the paper and discussion did not specifically ask that the Cabinet Member agree to receive the associated investment on behalf of AKM.
Therefore AKM is retrospectively seeking agreement for KCC to receive this and future grants from Sport England that align with Move Together, on behalf of AKM and as endorsement for KCC acting as the accountable and host body for the AKM Partnership.
Options
To not enter into the agreement to act as host accountable body for Active Kent and Medway. This would reduce the opportunity for collaborative work between AKM and KCC and have an impact on support provided to partner organisations and stakeholders that work to provide opportunities for Kent’s residents to be active.
To enter into the agreement to act as host accountable body - Recommended
How the proposed decision supports Securing Kent’s Future 2022 -2026:
Best Value Duty/ Adult social care prevention.
Increasing participation in sport and physical activity reduces the risk of major illnesses and helps manage existing health conditions providing effective preventative interventions which can help reduce demand on KCC’s Adult Social Care services.
Decision Maker: Cabinet Member for Community and Regulatory Services
Decision published: 29/01/2025
Effective from: 06/02/2025
Decision:
As Cabinet Member for Community and Regulatory Services I agree:
· To ENDORSE Kent County Council acting as the accountable and host body for the Active Kent & Medway Partnership and permit the acceptance of funding to support the delivery of the Kent & Medway Strategic Framework for Sport and Physical Activity 2023-2027. (Move Together - ActiveKent)
· To ENDORSE the Kent County Council and Active Kent & Medway Memorandum of Understanding for Hosting 2023-2027.
· To DELEGATE authority to the Director of Growth and Communities in consultation with the Cabinet Member for Community and Regulatory Services and the S151 Officer or Cabinet Member for Finance to accept and deploy grants and other external funding to support the delivery of the Kent & Medway Strategic Framework for Sport and Physical Activity; including future years allocations, providing it is on the same terms and conditions as previous grant funding.
· To DELEGATE authority to the Director of Growth and Communities to take necessary actions including but not limited to entering into relevant contracts, or other legal agreements to implement this decision.
Division affected: (All Division);
Lead officer: Liz Davidson
Proposed decision –
That the Cabinet Member for Economic Development in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services:
(1) agree to £9.8 million of funding from the Ministry of Housing, Communities and Local Government, be used to award grant funding to Local Planning Authority partners to deliver mitigation schemes for Nutrient Neutrality in the Stour catchment.
(2) DELEGATE authority to the Corporate Director of Growth, Environment and Transport and Corporate Director of Finance to take relevant actions including, but not limited to, finalising the terms of, and entering into, required grant agreements as necessary to award funding to Local Planning Authority bids for mitigation schemes for nutrient neutrality in the Stour catchment.
(3) DELEGATE authority to the Corporate Director of Growth, Environment and Transport in agreement with the Cabinet Member for Environment, and Cabinet Member for Economic Development to nominate an officer as an observer to sit on the executive board of Ashford Borough Council and Canterbury City Council joint venture company Stour Environmental Ltd which will deliver mitigation schemes on their behalf.
Reason for the decision
Nutrient neutrality in the Stour catchment is having a significant impact on the delivery of homes in East Kent.
- Decision 24/00014 taken in March 2024 by the Cabinet Member for Economic Development gave authority for KCC to enter into Memorandums of Understanding to accept £9.8m capital and £430,000 of revenue funding from the Department for Levelling Up, Housing and Communities to support nutrient neutrality mitigation works in East Kent to unlock the restrictions on housing development.
- KCC as Local Planning Authority has received £9.8 million (in December 2024) funding for mitigation works and this funding must be committed to a programme by March 2025. It is expected the funding will be awarded to Local Planning Authority partners to deliver nutrient mitigation.
- Ashford Borough Council and Canterbury City Council are establishing a joint venture company Stour Environmental Credits Ltd a company limited by shares to deliver the nutrient mitigation on their behalf and will be ready to deliver mitigation schemes which will generate credits and be sold to release housing development. It is expected the Joint Venture Company will be ready to trade within the first quarter of 2025. KCC will nominate an observer to the board of the Stour Environmental Credits Ltd allowing it to have oversight of the governance and financial arrangements of the joint venture company including how funding awarded to them is used. As the Stour Environmental Credits Ltd is currently in the inception process it is recommended that the decision to nominate an officer to act as an observer to the board be deferred. The nomination of an observer to the board will form part of the grant agreement and the observer will provide no direction or instruction to the board.
- There are no additional budget implications from the release of this funding. However, KCC will be the Accountable Body, so part of this role will be to ensure funds awarded are spent in line with the terms of the grant determination letter. A Grant Agreement will be required between KCC and each LPA that bids for funding to manage the financial risk if partners do not comply with the terms of the grant.
Background – Provide brief additional context
KCC acts as the catchment coordinator, a non-statutory role, for the Stour Catchment Nutrient Neutrality. KCC has been working in partnership with the districts to assess and identify mitigation measures for managing nutrient levels within the Stour Catchment. Currently housing development within the impacted districts cannot proceed without the generation of nutrient mitigation credits which can demonstrate that the nutrient loading within the catchment will not increase as a result of further housing development.
KCC has been awarded capital funding from the Local Nutrient Mitigation Fund for the delivery of mitigation schemes which can offset nutrients and generate credits. Districts will bid to KCC for funding to develop and deliver mitigation.
Options:
Option 1: Award grant funding to partners to deliver mitigation schemes for Nutrient Neutrality in the Stour catchment.- Impacted Local Planning Authorities will bid to KCC as catchment coordinator, for Local Nutrient Mitigation Funding. The funding awarded to LPAs will deliver mitigation measures, including but not limited to, septic tank conversion, water efficiency retrofitting, wetlands, agricultural reversion and floodplain meadow creation. The delivery of these measures will generate credits which the LPA will sell to developers to release housing. The returns from credit sales will be recycled and invested in further mitigation measures.
Option 2: Do nothing - If KCC was to decide to take no action this would prevent the delivery of high-quality locally led mitigation solutions, and result in the housing allocation within the impacted districts not being met. This would have wider implications of negatively impacting economic growth within the county - discarded
Option 1 is the preferred option. As the catchment coordinator, KCC has a responsibility to address the ongoing issue of Nutrient Neutrality in order to unlock housing development in the area.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
- The decision supports Framing Kent’s Future 2022-2026 priority 2 – Infrastructure for Communities, which makes specific reference to our strengthening our capacity to support strategic planning across the county to provide an oversight of the county’s plan-led development and infrastructure needs.
- Priority 3 – Environmental Step Change, which makes specific reference to our environmental targets and objects, compliance with legislation, protection of the environment, reducing our impact to the environment, protection and enhancement of biodiversity and ecosystems, sustainable resource use and climate change mitigation and adaptation.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
-
- The release of grant funding will not place any additional burden on the budget and a legal framework will be established to remove any financial risk to KCC through the awarding of funds.
- The release of the funding will increase investment within the county and support economic growth.
Decision Maker: Cabinet Member for Economic Development
Decision published: 29/01/2025
Effective from: 06/02/2025
Decision:
As Cabinet Member for Economic Development I agree to:
(i) AGREE, in consultation with the Cabinet Member for Finance and Traded Services to £9.8 million of funding from the Ministry of Housing, Communities and Local Government, be used to award grant funding to Local Authority partners to deliver mitigation schemes for Nutrient Neutrality in the Stour catchment.
(ii) DELEGATE authority to the Corporate Director of Growth, Environment and Transport in agreement with the Cabinet Member for Environment, and Cabinet Member for Economic Development to nominate an officer as an observer to sit on the executive board of Ashford Borough Council and Canterbury City Council joint venture company Stour Environmental Credits Ltd which will deliver mitigation schemes on their behalf.
(iii) AGREE to the adoption of the Stodmarsh Nutrient Neutrality Strategy to support the awarding of grant funding to Local Authority partners.
(iv) DELEGATE authority to the Corporate Director of Growth, Environment and Transport in consultation with the Cabinet Member for Economic Development to take relevant actions including, but not limited to, finalising the terms of, and entering into, required contracts or other legal agreements, as necessary to implement the decision.
Lead officer: Louise Smith
Proposed decision:
Adoption of the Kent County Council Vehicle Parking Standards 2024 policy.
Reason for the decision
- The currently adopted Kent County Council Vehicle Parking Standards were produced some 20 years ago and no longer represent best practice or policy compliance.
Background – Provide brief additional context
- The Kent County Council Vehicle Parking Standards are used as guidance and in recommendations on planning application consultation responses issued by KCC as local highway authority. A new policy document has been developed based on surveys, data, best practice and Government policy changes and is recommended for adoption.
Options (other options considered but discarded)
- Some districts have adopted their own parking standards as local plans have been updated (this is the case for Ashford, Dartford, Gravesham and Tunbridge Wells) with some variations to KCC standards and some new survey information and officers refer to these in responses. Other districts have adopted KCC’s parking standards and have been requesting that KCC develop and adopt updated parking standards rather than progressing their own. Given the close interactions between Kent districts, it is considered sensible for KCC as highway authority to produce an updated policy incorporating the latest best practice and to promote a consistent approach in line with Framing Kent’s Future 2022-2026.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
- The adoption of updated Vehicle Parking Standards accords with the County Council’s priority to create the right infrastructure around communities for a good quality of life.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
- There are no budgetary recovery implications.
Decision Maker: Cabinet Member for Highways and Transport
Decision published: 29/01/2025
Effective from: 06/02/2025
Decision:
As Cabinet Member for Highways and Transport I agree to:
(i) ADOPT the Kent County Council Vehicle Parking Standards 2024 as an approved policy; and
(ii) To DELEGATE authority to the Director of Highways and Transportation to take necessary actions including but not limited to entering into relevant contracts, or other legal agreements to implement this decision
Division affected: (All Division);
Lead officer: David Joyner
Proposed decision:
Adoption of the revised Kent County Council Environment Policy
Reason for the decision
Kent County Council is certified to the international standard for environmental management (ISO14001:2015). To meet the requirements of the ISO14001:2015 Environmental Management standard, the Council must regularly update and publish their Environment Policy to ensure it is aligned to any new Strategies and Plans issued by the UK Government and current environmental objectives and targets, strategic direction and context of the organisation, including aligning with county wide plans such as the Environment Plan.
Background
The Environment Policy revision has been prepared by the Environment and Circular Economy team to ensure current information is included and it meets the requirements of the ISO14001:2015 environmental management standard.
The Environment Policy is reviewed annually by the Corporate Management Team to confirm the policy remains valid. The policy has a full review/revision approximately every 3 years, unless there are any significant changes which will lead to the policy being updated sooner.
Options (other options considered but discarded)
1: Do nothing - Retain existing policy which was last revised and published in September 2020.
2: Approve a revised policy - Approve a revised policy, which reflects current priorities set out in new Strategies and Plans issued by UK Government and at County level.
Preferred Option
Option 2 is the preferred option as to meet the requirements of the ISO14001:2015 Environmental Management standard, we need to update the Environment Policy to align it with current strategies and plans, UK and county wide. Option 1 is not an option if we wish to continue meeting the requirements of the ISO 14001 standard.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
The decision supports Framing Kent’s Future 2022-2026 priority 3 – Environmental Step Change, which makes specific reference to our environmental targets and objects, compliance with legislation, protection of the environment, reducing our impact to the environment, protection and enhancement of biodiversity and ecosystems, sustainable resource use and climate change mitigation and adaptation.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
The decision supports Securing Kent’s Future as the updated policy will be there to significantly reduce the risk of non-compliance with environmental legislation. Not updating the policy will mean there is outdated information and a greater risk of KCC being fined due to non-compliance.
Secondly, having the ISO 14001 certification opens up more funding opportunities, as some funders may require this standard. Not updating the policy will put KCC at risk of losing the certification and reducing external funding opportunities, meaning to achieve our environmental targets we will have to rely more on internal funds.
Decision Maker: Cabinet Member for Environment
Decision published: 24/01/2025
Effective from: 01/02/2025
Decision:
As Cabinet Member for Environment, I agree to:
(i) APPROVE the revised Policy for adoption and implementation through the ISO14001 Environmental Management Standard framework; and
(ii) To DELEGATE authority to the Director of Environment and Circular Economy to take necessary actions including but not limited to entering into relevant contracts, or other legal agreements to implement this decision
Division affected: (All Division);
Lead officer: Helen Shulver
Proposed decision:
The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to:
1. authorise the granting of a Lease in excess of 20 years to UK Power Networks in order that a new electricity substation can be built within the grounds of the school, to serve new education buildings to be built in 2025; and
2. delegate authority to the Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to take necessary actions, including but not limited to entering into relevant contracts or other legal agreements, as required to implement this.
Reason for the Decision
The granting of a Formal Lease in excess 20 years requires a Key Decision in accordance with the County Council’s Property Management Protocol.
Background
The existing School buildings are beyond their economic lifespan and new school buildings need to be provided on the existing site to replace the existing ones. Such an expansion will necessitate greater electrical consumption and UK Power Networks, as a Statutory Undertaker, also require additional capacity for all new substation developments for cases of local emergency.
In order for an adequate electricity supply to be provided to the new education buildings, it is necessary for a new electricity substation to be provided on part of the site, for use and operation by UK Power Networks.
The proposed new substation will serve the school in the first instance and feed out to the local electricity network in cases of emergency.
For consistency with other leases granted on operational school sites to UK Power Networks and similar Statutory Undertakers, a lease of 99 years will need to be granted for the provision and operation of the new substation.
Options Considered
No other options were considered as the new facilities cannot be operated without adequate electricity supply. The substation is necessary to ensure the development can be completed and brought into use.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
This decision supports Framing Kent’s Future – Our Council Strategy 2022-2026 as the decision assists in enabling the provision of new education buildings for use by the existing school. This supports KCC's commitment to maintaining its strategic role in supporting schools in Kent to deliver accessible, high-quality education provision.
Infrastructure for communities will be improved by the new substation, using modern materials and technologies associated with prevailing substation design and construction and protected for long term use by the presence of a long lease.?
Environmental Step Change objectives will also be achieved, as the proposed lease will compel the operator to use sustainable materials and reduce any carbon emissions compared to the existing substation, which will help the County Council achieve its Net Zero targets.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
The Sub Station necessary to power the school will be supplied at no cost to KCC other than the preparation of the leases etc.
Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Decision published: 24/01/2025
Effective from: 01/02/2025
Decision:
The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to:
1. authorise the granting of a Lease in excess of 20 years to UK Power Networks in order that a new electricity substation can be built within the grounds of the school, to serve new education buildings to be built in 2025;
and,
2. delegate authority to the Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to take necessary actions, including but not limited to entering into relevant contracts or other legal agreements, as required to implement this.
Lead officer: Mark Cheverton
Proposed decision
(i) To ACCEPT Kent’s Bus Service Improvement Plan (BSIP) and Local Authority Bus Service Operators Grant (BSOG) Government funding allocations for financial year 2025/26. This consists of £10,120,289 Revenue and £11,926,302 Capital BSIP and £1,087,788 BSOG funding
(ii) To DELEGATE authority to the Council’s Corporate Director of Growth Environment & Transport, and the Section 151 Officer to formally accept this funding and related terms and conditions through the completion and return of anticipated formal award documentation from Government.
(iii)To DELEGATE authority to the Council’s Corporate Director of Growth Environment & Transport, and the Section 151 Officer to agree and submit Kent’s Delivery Plan in response to the funding offer, working to the principles of Value for Money (VfM) and alignment with Kent’s established 2024 BSIP.
· Reason for the decision
-
To accept the funding, KCC will need to enter into a
formal legal agreement with Department for Transport.
· Background
In March 2021, Kent County Council (KCC) worked in conjunction with the county’s bus operators to submit a Kent Bus Service Improvement Plan (BSIP) to Government. This original BSIP was written in response to the National Bus Strategy (NBS), which set out an ambitious vision for the recovery and subsequent growth of the bus industry across England.
Under Phase 1 of the NBS process (period up to March 2025) KCC was allocated £35.1m to deliver some of the interventions within its BSIP. An initiative programme has subsequently been rolled out utilising this funding which was received in two tranches. See Decision - 23/00027 - BSIP Tranche One for 23/24 funding / programme and Decision - 23/00104 - BSIP Tranche Two for 24/25 funding / programme. In addition to BSIP funding, KCC also receives BSIP+ funding which is also linked to BSIPs and the acceptance of associated conditions attached to both funding awards. The combination ofBSIP and BSIP+ revenue funding ensures that KCC can protect over 50 services that were withdrawn by operators since 2021.
In January 2024, Government set out new BSIP guidance for all Local Transport Authorities (LTAs) requiring the updating of BSIPs. Following Decision - 24/00038 - Kent's 2024 Bus Service Improvement Plan (BSIP), KCC submitted its 2024 BSIP to Government in June 2024, meeting all deadlines. The 2024 BSIP updated on progress made since Kent’s original submission and set out an ambitious initiative programme for the period 2025-29, which could be delivered in the event of further significant and long term external funding for bus.
On 17th November 2024, Government announced that Kent was to be allocated £23,134,379 bus funding for 25/26. This consists of £10,120,289 Revenue and £11,926,302 Capital BSIP and £1,087,788 BSOG funding. The funding will not deliver the full aspirations of Kent’s BSIP but can bring significant benefits to the bus offer in Kent.
Options (other options considered but discarded)
To forego the funding award. This is rejected as the funding represents a significant investment into Kent’s bus offer.
How the proposed decision supports Framing Kent’s Future 2022-2026: (https://www.kent.gov.uk/about-the-council/strategies-and-policies/corporate-policies/our-council-strategy)
The decision supports Priority 2: Infrastructure for communities and the specific commitment to work with our partners through the Kent Enhanced Bus Partnership and with Government to explore sustainable and commercially viable options for providing bus transport to meet people’s needs, making the best use of Bus Service Improvement Plan funding.
How the proposed decision supports: Securing Kent’s Future:democracy.kent.gov.uk/documents/s121235/Securing Kents Future - Budget Recovery Strategy.pdf
The decision does not place any additional financial burden on KCC as initiatives would be delivered with external funding.
Decision Maker: Cabinet Member for Highways and Transport
Decision published: 23/01/2025
Effective from: 31/01/2025
Decision:
As Cabinet Member for Highways and Transport I agree to:
i) ACCEPT Kent’s BSIP and BSOG Government funding allocations for financial year 2025/26. This consists of £10,120,289 Revenue and £11,926,302 Capital BSIP and £1,087,788 BSOG funding
(ii) DELEGATE authority to the Council’s Corporate Director of Growth Environment & Transport, and the Section 151 Officer to formally accept this funding and related terms and conditions through the completion and return of anticipated formal award documentation from Government.
(iii) DELEGATE authority to the Council’s Corporate Director of Growth Environment & Transport, and the Section 151 Officer to agree and submit Kent’s Delivery Plan in response to the funding offer, working to the principles of Value for Money (VfM) and consistent with the principles and potential initiatives in Kent’s 2024 BSIP.
(iv) DELEGATE to the Corporate Director of Growth Environment & Transport to take necessary actions including but not limited to entering into relevant contracts, or other legal agreements to implement this decision as shown at Appendix A
Division affected: (All Division);
Lead officer: Stephen Pay
Proposed decision
That the Cabinet Member consider the proposal to:
Reason for the decision
Kent County Council rely on the skills, knowledge and volunteers that the Countryside Management Partnerships (CMPs) give us. Through these projects are delivered that support priorities contained in Framing Kent’s Future. The Memorandums of Agreement (MoA) for the partnerships are required as part of the overall governance of the Partnerships and for them to access external funding, so a formal agreement is necessary.
Background
Whilst many CMPs across the country have been subsumed into local authority countryside teams, Kent’s seven partnerships have retained a local identity whilst operating as a county wide service.
CMPs are a suite of delivery organisations for Kent’s green spaces and play a vital role in the conservation of the Kent countryside and coast. Each CMP is hosted by a local authority; four are hosted by Kent County Council. They operate as an independent non-profit organisation, while working within their host authority’s structure.
Kent County Council contributes a defined amount of core funding annually; this amount has remained unchanged for several years and is not inflationary.
Individual governance, partnership and funding arrangements are set out in each MoA, which serves as the governing document for each partnership.
As partnership organisations, each CMP works to contribute towards the strategic priorities of its partners, and reports to them as per individual agreements and Service Level Agreements. As a host authority and a core funder, Kent County Council’s strategic priorities exert a significant influence on the work of the CMPs and as such, they are vital in delivering many environmental objectives.
Options
Preferred Option
Option 3 is the preferred option, as it gives the council best value for money, as CMPs have access to a wealth of skills and knowledge, with teams who are already familiar with the areas they work, the way the council works and have already delivered projects successfully that help meet our targets and aims.
The adoption of this strategy will meet one of the four key priorities within KCC’s Strategy – Framing Kent’s Future 2022 – 2026:
Priority 3: Environmental step change, in particular: To consider Kent’s environment as a core asset that is valued, strengthened and protected.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kent’s Future - Budget Recovery Strategy
The decision supports Securing Kent’s Future as although KCC do contribute funds, and this would continue with the new MoA, this is significantly less than it would be if KCC directly delivered the service and had to wholly fund the CMPs.
Having the MoA in place also opens up more funding opportunities for the CMPs as this formal governance is required for funders.
Financial Implications:
The CMPs receive a small contribution from KCC but are required to generate sufficient income to cover all their costs, capital and revenue as well as maintain adequate reserves. Income is generated from other partners, who may or may not be signatories to the MoA, grant giving bodies, donations and project delivery.
In addition, the four KCC hosted CMPs receive KCC in kind contribution as staff are employed by KCC and they adhere to KCC financial regulations. This is the same arrangement as the Kent Downs National Landscape, which is hosted by KCC.
|
CMP |
KCC core contribution 24/25 |
23/24 turnover *inc reserves and rolled project funding |
% of turnover funded by KCC contribution in 23/24 |
|
MCVP |
£9,300 |
£259,474 |
3.6% |
|
KSCP |
£12,000 |
£850,417 |
1.4% |
|
NWKCP |
£11,400 |
£425,417 |
2.7% |
|
KHWCP |
£11,900 |
£329,101 |
3.6% |
|
WCCP |
£10,500 |
£631,575 |
1.7% |
The MoA helps to provide a governance structure with the other relevant core partners, enabling the SLAs that are in place and external funding to be secured. Without the MoAs that funding could not be accessed and funds to carry out required work will need to be sourced from elsewhere.
Decision Maker: Cabinet Member for Environment
Decision published: 23/01/2025
Effective from: 31/01/2025
Decision:
As Cabinet Member for Environment, I agree to:
i) SIGNING of the two expired Kent Countryside Management Partnerships Memorandums of Agreement, and the signing of other Memorandums of Agreement when they expire;
ii) HOSTING through the MoA for the four Countryside Management Partnerships;
iii) INCREASE annual contributions for the four hosted Countryside Management Partnerships in line with KCC's pay strategy annual pay award.
iv) INCREASE annual contributions for the Countryside Management Partnerships in line with inflation; and
v) DELEGATE responsibility for the negotiation of any annual increase to contributions to the Corporate Director for Growth, Environment and Transport
Division affected: (All Division);
Lead officer: Helen Shulver
Proposed decision:
The endorsement and adoption of the updated Network Management Plan in accordance with The Traffic Management Act 2004.
Reason for the decision
- Under the Traffic Management Act 2004 Part Two, a highway authority must ensure the appointed Traffic Manager have provision to ensure the authority carries out it’s responsibilities in line with the Act. We must keep the arrangements under review and be able to provide a document outlining the council’s responsibilities in relation to our Network Management Duty. This is known as the Network Management Plan. The Plan is not intended to change any services or provide new proposals, the document outlines how KCC currently perform the Network Management Duty and how the fundamentals of the Traffic Management Act are embedded throughout Highways and Transportation.
Background – Provide brief additional context
- The Network Management Plan provides an insight into the functions being carried out by Highways and Transportation. It is not intended to be an all-encompassing document which details all responsibilities but provides a strong and clear overview into the general functions carried out by KCC Highways and Transportation.
Options (other options considered but discarded)
- Not applicable in this case as the Council is legally required to provide this document. The detail within the plan is obtained from other sources within the department which are readily available.
-
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
- The document aligns with many discussion points from Framing Kent’s Future given all of Highways and Transportation’s primary functions work alongside the strategy.
- ‘We will stand up for Kent nationally’ the document is a requirement under National legislation. Other councils continue to update and share their Network Management Plans which ensures our responsibilities are maintained in line with others.
- Our ‘Infrastructure First’ approach is supported within this document which outlines our role in ensuring development and local growth is considered alongside our transport network.
- ‘Infrastructure for communities’ is acknowledged and noted within the document throughout the roles our departments carry out.
- ‘Environmental step change’ is noted throughout the document, particularly the future innovations being carried out on electric vehicles both private and public transport.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
- The Network Management Duty does not require any additional spend to implement. This is a document outlining the responsibilities already undertaken within the council. At its core, the document supports the objections by outlining the work currently being carried out to meet objectives.
Decision Maker: Cabinet Member for Highways and Transport
Decision published: 23/01/2025
Effective from: 31/01/2025
Decision:
As Cabinet Member for Highways and Transport I agree to:
(i) ENDORSE and ADOPT on behalf of Kent County Council the updated Network Management Plan produced by the Network Management Team in accordance with the Traffic Management Act 2004; and
(ii) To DELEGATE authority to the Director of Highways and Transportation to take necessary actions including but not limited to entering into relevant contracts, or other legal agreements to implement this decision
Division affected: (All Division);
Lead officer: Remy Laporte
Proposed decision
Reason for the decision:
KCC has recently taken on a number of responsibilities from central government following the closure of the South East Local Enterprise Partnership (SELEP). These include the ongoing monitoring and management of legacy capital programmes previously administered by SELEP. One legacy capital programme is the Growing Places Fund (GPF). Recycled GPF loan repayments returned to KCC will enable a new Kent capital loan programme to be launched to support projects that contribute to economic growth.
Background & Context:
Since 2011, SELEP administered Growing Places loan Funding (GPF) from central government which was used to support stalled capital investments that contributed to economic growth, job creation and infrastructure improvements. SELEP used its federated boards (namely the Kent & Medway Economic Partnership (KMEP) for our region), asking them to advertise the call for GPF projects, and to advise SELEP on which GPF applications provided best strategic fit based on local intelligence and knowledge.
Following the closure of SELEP, recycled loan repayments are being disaggregated to the six upper tier local authorities in the SELEP area with the purpose of reinvesting the funds to support new capital schemes. Some £14.8m of ringfenced funding is due to be repaid to KCC over the next three financial years and can be used to launch a new programme to support new capital projects that contribute to economic growth in the county through creating jobs, making infrastructure improvements or supporting the development of local skills. New governance arrangements now need to be put in place to manage the GPF programme.
A governance paper will be taken to GEDCCC in January 25 proposing that the Kent & Medway Economic Partnership (KMEP) acts as an advisory board for KCC. This Growth Board is to provide recommendations to KCC on the eligibility criteria for the new GPF call for projects, supporting the promotion of the opportunity in an open call, and rank and prioritise the funding applications received. This ranked list of applications will then be passed to KCC for final decision to be taken by the Cabinet Member.
Options discounted:
1. Kent County Council manages the GPF programme in-house without consultation or engagement with KMEP.
As the formal Local Growth Board for Kent & Medway, KMEP is the only forum which brings together private-sector business leaders, further education principals, higher education vice-chancellors, and all local council leaders to discuss economic growth. Each KMEP board member brings with them specialised knowledge, expertise and skills. An option to exclude KMEP from future GPF decision-making was discounted, as that would not allow Kent to capitalise on this knowledge, expertise and skills. Furthermore, KMEP has over a decade of experience in advising on GPF funding decisions and ensuring good value for money.
2. Return the funding to central government.
This option was discounted as the funding would not unlock further economic growth for Kent.
How the proposed decision supports Strategic Priorities:
The decision supports the strategic priorities within Framing Kent’s Future and Securing Kent’s Future.
In relation to Framing Kent’s Future, this decision will allow GPF capital loan funding to be invested into projects that will strengthen the county’s economy, help people gain the skills they need, and narrow the gaps in outcomes between different parts of Kent and between Kent and the rest of the South East. It will also ensure that there is investment in economic infrastructure.
In relation to Securing Kent’s Future, the decision adheres to Securing Kent’s Future’s requirement for full cost recovery
The decision also supports ambitions in the Kent & Medway Economic Framework to create the conditions for economic growth.
Decision Maker: Cabinet Member for Economic Development
Decision published: 23/01/2025
Effective from: 31/01/2025
Decision:
As Cabinet Member for Economic Development I agree to:
Lead officer: Steve Samson