, 26 May 2024 - 16 June 2024 (2024)

Proposeddecision:

Approval for Kent County Council to grant aLease in excess of 20 years to Sheldwich Primary School for development,occupation and use of a new permanent Pre School building to belocated within the grounds of the School.. Authority to bedelegated to the Director of Infrastructure to be authorised tofinalise terms for this transaction.

The Cabinet Member will be asked to:-

1.Agree that Kent County Council grant a Lease in excess of 20 yearsto Sheldwich Primary School fordevelopment, occupation and use of a new permanent Pre Schoolbuilding to be located within the grounds of the School,

2.Authorise the Director of Infrastructure to finalise terms for thegranting of the Formal Lease.

Reason for theDecision:

Proposed granting of a Formal Lease over 20years requires a Key Decision in accordance with the CountyCouncil’s Property Management Protocol.

Background:

The School obtained Academy Status in2010. The County Council leased all itsfreehold land held for and used by the School to the Academy Trustand retained land which was occupied by a separate Pre Schoolprovider. The Pre School providervacated the County Council’s land a few years later, and atthe request of the former Director of Education, the School were tobe granted a lease of under 20 years to use and occupy the CountyCouncil’s retained land for Pre School purposes, which hasbeen successful for the Trust.

A demountable building located on the retainedland is reaching the end of its economic life, despite considerableinvestment into its repair and maintenance by the Trust. It is desired by the Trust to erect apermanent Pre School building on the site, in a location which ispartially within the demise of the existing Academy Lease andpartially within the County Council’s retained land.

To attract funding for development of apermanent Pre School building, the Trust will need to be granted alease of over 20 years. TheTrust’s operation of a Pre School at this location is wellsupported and has been very successful.

A small part of the County Council’sretained land will be included within the proposed long lease; theresidue of the site will be leased to the Trust for breakfast andafter school club activities, currently operated from the schoolhall. Relocation of these uses onto theresidue of the County Council’s land will enable the hall tobe used for more traditional educational uses.

Options Considered:

Three locations were considered for theproject but due to site constraints the proposed location is suchthat it will be the easiest to implement and ensure the remainderof the School’s operational requirements aremaintained.

How the proposeddecision supports the Framing Kent's Future - Our Council Strategy2022-2026:

This decision supports Framing Kent’sFuture – Our Council Strategy 2022-2026 as the decision givesopportunity for an enhancement in school facilities, supportingKCC's commitment to maintaining its strategic role in supportingschools in Kent to deliver accessible, high-quality educationprovision for all families.

LegalImplications:

In accordance with the Property ManagementProtocol, proposed leases of over 20 years require Members todelegate authority to the Director of Infrastructure to authorisethe terms for such leases. On thisoccasion, a lease of over 20 years is desired by the Trust in orderthat it can source and attract funding streams to enable apermanent Pre School building to be built within the grounds of theAcademy.

Half of the land required for the replacementPre School setting is already within the Trust’s existingAcademy Lease. For the proposal tosucceed, a small part of the County Council’s Retained Landwill need to be included within any new lease to the Trust, onterms and conditions which are consistent with ground leasesgranted by the County Council to Pre Schools at its maintainedSchool sites.

The decision to grant such a lease on a smallpart of the County Council’s Retained Land at this site is avoluntary decision. The Trust’sPre School at this site has been very successful within the last 10years and it is anticipated this will be enhanced by the grantingof a long lease for the development of a permanent Pre Schoolbuilding.

The Deputy Leader and Cabinet Member forFinance, Corporate and Traded Services agree to:

1.that Kent County Council grant a Lease in excess of 20 years toSheldwich Primary School fordevelopment, occupation and use of a new permanent Pre Schoolbuilding to be located within the grounds of the School; and

2.delegate authority to the Director of Infrastructure, inconsultation with the Deputy Leader and Cabinet Member for Finance,Corporate and Traded Services to take necessary actions, includingbut not limited to entering into relevant contracts or other legalagreements, as required to implement this.

The Cabinet Member for Education and Skills isasked to:

(i). Approve the allocation ofup to £2,800,000 of capital funding from the CYPE capitalbudget to add an eight classroom block at Whitfield Aspen PrimarySchool (Richmond Way site);

(ii). Delegate authority to theDirector of Infrastructure in consultation with the Director ofEducation to enter into any necessary contracts or other legalagreements as required to implement this decision; and

(ii). Authorise the Director ofInfrastructure to be the nominated Authority Representative withinthe relevant agreements and to enter into variations as envisagedunder the contracts.

Background

Whitfield Aspen Primary Schoolis a 3FE primary School with a large Specialist Resourced Provision(SRP) for pupils with profound, severe and complexneeds.

In 2018 the school was expandedby 1FE (to 3FE) via a second site (Richmond Way) to support theneed for additional primary school places within the WhitfieldUrban Expansion (WUE).

Decisions for issue 16/00032 - Proposal toexpand Whitfield Aspen School by 1FE across a split site(kent.gov.uk)

Expansion of the school has been phased. Phase one delivered thecore infrastructure required by a 2FE school (library, offices,meeting rooms, food technology etc). Sufficient classroomaccommodation was provided to enable the school to grow year onyear to 3FE in the mainstream and to offer 112 places in the SRP,the maximum number of specialist places that was required. Phasetwo was planned to be the addition of a two-storey block of eightadditional mainstream classrooms. Thiswas to be added when 4FE of mainstream provision wasrequired.

The rise in EHCPsand the need for specialist primary provision in Dover over anumber of years has led to more pupils requiring a place in the SRPthen was initially planned. As of January 2024, there were 175pupils on roll in the SRP across both sites. As noted, the current accommodation (across bothschool sites) was built to provide for 112 SRP pupils. Having to accommodate c63 additional pupils in theSRP has reduced the number of mainstream classroomsavailable. At an average of 12 pupilsper SRP class base it means 5 of the additional mainstreamclassrooms are being utilised by the SRP. As things stand, four ofthese classrooms will be required from September 2025 to enable theschool to continue to admit 3FE of mainstream pupils as they arerequired to do.

FinancialImplications

Capital:

The proposal has been reviewed by a QuantitySurveyor. The capital cost is estimated to be an ‘uppercost’ of c£2,800,000. The standalone four class optionhas been costed at £2,250,000 (upper cost) therefore it isconsidered reasonable for this value to be funded by the High NeedsCapital Budget, with the remaining £550,000 coming from theBasic Need Budget to fund the shell of the four first floorclassrooms. The future fit out costs for the four classrooms(£800,000 at the upper cost) would be subject to a separateproposal when required.

The Schools’ Capital Budget agreed bythe Council in February 2024, included a provisional allocation ofup to £6m basic need funding to support the expansion of theschool from 3 to 4FE. The basic need and high needs capitalprogramme budgets will be updated to reflect the changes outlinedin this paper. The Department of Education have recently confirmedadditional high needs capital allocations for 2024-25. This fundingwill be used to fund the £2.2m additional high needscommitment. The resulting savings from the Basic Need element ofthe programme will be reallocated or held as a contingency.

In addition, a standard payment of£2,500 is provided to a school for each new classroom for ICTequipment. This will funded from theallocated capital budget.

Revenue:

There are no expected revenue costs to befunded from the Council’s general fund (such as temporarymobiles). The Dedicated Schools Grant Growth fund, ring-fencedgrant from the Department of Education, will be used for the£6,000 classroom set up contribution for each of the fourfitted out classrooms.

Should the scheme not proceed through tocompletion, any costs incurred at the time of cessation wouldbecome abortive costs and are likely to be recharged to Revenue.This would be reported through the regular financial monitoringreports to Cabinet.

As Cabinet Member for Education and Skills, I agreeto:

(i). Approve theallocation of up to £2,800,000 of capital funding from theCYPE capital budget to add an eight classroom block at WhitfieldAspen Primary School (Richmond Way site);

(ii). Delegate authorityto the Director of Infrastructure in consultation with the Directorof Education to enter into any necessary contracts or other legalagreements as required to implement this decision; and

(iii). Authorise the Director ofInfrastructure to be the nominated Authority Representative withinthe relevant agreements and to enter into variations as envisagedunder the contracts.

Proposeddecision

That the Cabinet Member forEducation and Skills, in consultation with the Cabinet Member forIntegrated Children’s Services, approve the extension of the existing Service LevelAgreements for Specialist Nursery Intervention for one year from 1September 2024 to 31 August 2025.

Reason for the decision

This decision bringsforward an element of the Early Years Review, presented to CYPECabinet Committee in January 2024, specifically the decision toextend the existing Specialist Nursery Intervention Service LevelAgreements for one year.

A proposal toimplement a refreshed model of Specialist Nursery Intervention(SNI) is currently out for consultation as part of the Early YearsEducation in Kent public consultation. The consultation will closeon 5 May 2024 and the findings, along with recommendations for arefreshed model of support for early years educationin Kent will be presented toChildren, Young People and Education Cabinet Committee in July2024.

The current SpecialistNursery Intervention Service LevelAgreements (SLA) expire 31 August 2024. An extension of theexisting SLAs for one academic year (from 1 September 2024 to 31August 2025) is required toensure continuity of supportand minimise disruption to children, their families and thesettings that support them while any potential change to the model,determined by the outcomes oftheagreed following the publicconsultation, can be implemented for 1 September 2025.

The decision isbeing brought forward to ensure that special schools currentlyproviding the service have sufficient time to consider and agreethe extension.

Background

The Specialist Nursery Intervention focuses on theidentification and assessment of young children, aged five yearsand below, with Special Education Needs and Disabilities(SEND).The currentspecialist nursery intervention service is commissionedfrom 11 special schools across the countythrough a Service Level Agreement (SLA) that expires 31 August2024.

Children can access the service through four different pathways.The predominant pathway will see children attending the specialistnursery setting on average for nine hours a week for two terms,whilst also attending their existing mainstream setting. Thisequates to three, three-hour sessions a week (or average nine hoursin total per week). This can be extended ifrequired.There are three intakes a year. Ifchildren are referred and accepted, they will typically have towait until the start of the next term toattend.

The proposal outlinedin the consultation is that the Specialist Nursery Interventionwill continue to work with individual children but will providesupport directly to children in their mainstream settings withoutthe need for the child to attend a special school setting, as is(predominantly) the current model. This will support children todevelop skills within their mainstream setting and build confidencewithin that setting to support them. Specialist nursery places willstill be available for children to go to who need specialistsupport for a prolonged time, but the process for agreeing theseplacements will change and will be determined by a multi-agencyteam who work with and understand the needs of thechild.

Options (other options considered but discarded)

Two further optionswere considered in relation to the proposal to extend the currentSLAs for one academic year.

These were:

·Do not extend the SLAs

·Submit the proposal to extend the SLAs in July 2024alongside the outcomes of the public consultation.

The option to notextend the SLAs was considered and ruled out for the followingreasons:

·negative impact onchildren and their families of ending the service.

·the need to have a service in place as an interimmeasure while a refreshed model is implemented, supportingcontinuity of support for children and their families.

·ending the SLAs a yearbefore a potential new model is implemented would result in loss ofstaff and the associated skills, knowledge and experience.

·ending the SLAs would mean that if a refreshed modelis agreed a new process would need to be undertaken to identify newproviders, who would then need to recruit staff and mobilise thenew service – creating a delay in implementation of anyrefreshed model.

The option to submit theproposal to extend the SLAs in July 2024 alongside the outcomes ofthe public consultation was considered andruled out. The two primary reasons for this are:

• referrals for a new intake of children into the service for termone of 2024-2025 academic year begin end May 2024. Delaying thedecision to extend the SLA until July would impede this processcreating uncertainty for children, their families and the nurseries themselves.
• Thegoverning bodies of schools holding the SLA will need sufficienttime to consider and agree signing the extension. Headteachers ofthese schools have told us that the time between when a decisiontaken in July could be implemented and when the school term ends,does not leave enough time for this process to becompleted.

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

The proposal toimplement a refreshed model of Specialist Nursery Intervention willsupport Framing Kent’s Future Priorities 1 and 4 as outlinedbelow:

• Priority 1: Levelling Up Kent and our commitment to maintainKCC’s strategic role in supporting schools in Kent to deliveraccessible, high quality education provision for all families,specifically: maintain improvement support services for all Kentschools, including maintained schools and academies, to maintainKent’s high-quality education system.
• Priority 4: New Models of Care andSupport and our commitment to support themost vulnerable children and families in our county, ensuring oursocial work practice supports manageable caseloads, reflectivelearning, joined up safeguarding and effective corporate parentingarrangements, specifically by respond to national policy changes onSEND provision, work with SEND families to rapidly improve theservice provided to SEND children and work with mainstream schoolsso more can accept and meet the needs of children with SEND,increasing choice and proximity of school places.

While both abovepriorities only reference schools directly, it is reasonable toextend the application of these principles to the earliest years ofchildren’s education provided through early years settingsand childminders.

These actions willsupport Securing Kent’s Future by:

·Supporting Objective 1 in bringing the 2023-2024budget back into balance through cost avoidance achieved bysupporting more children in mainstream schools from the outset oftheir statutory education and avoiding the use of non-maintainedindependent special school placements.

·Further transforming the operating model of theCouncil (Objective 4) by making processes less time-consuming andbureaucratic we can free up our resource to focus on workingdirectly with children and the providers that support them. Agreater focus on understanding and demonstrating impact will enablemore effective decision making about how and where to focus the useof resources.

As Cabinet Member for Education and Skills, I agreeto:

A) Extend the existingService Level Agreements for Specialist Nursery Intervention forone year from 1 September 2024 to 31 August 2025

B) Delegate decisions andnecessary actions, including the award and the implementation ofthe extensions, to the Corporate Director for Children, YoungPeople and Education, or other Officer as instructed by theCorporate Director for Children, Young People and Education, inconsultation with the Cabinet Member.

Proposed decision:

The Cabinet Member for Education and Skills isasked to:

(i). Approve the allocation of£1,430,000 capital funding from the Children’s, YoungPeople and Education modernisation capital budget to replace themodular classroom and wooden hall/classroom at Langdon PrimarySchool;

(ii). Delegate authority to theDirector of Infrastructure in consultation with the Director ofEducation to enter into any necessary contracts or other legalagreements as required to implement this decision; and

(iii). Authorise the Director ofInfrastructure to be the nominated Authority Representative withinthe relevant agreements and to enter into variations as envisagedunder the contracts.

Background

Langdon Primary School is a small primaryschool in Dover District with a PAN of 15. It is a popular schoolwhich serves a rural community. ForSeptember 2024, there 36 preferences in total with 14 placesallocated. We would expect the Yr. R tobe full for September 2024.

Two classrooms are in the main schoolbuilding, two are in modular/wooden buildings. The modular/wooden buildings have reached the endof their usable life.

Despite the school maintaining both buildings,the condition surveys undertaken by KCC and the Department ofEducation in 2021 and 2022 respectively confirm that these need tobe replaced. Further maintenance is not an option. Accordingly, replacement of the buildings has beenadded to the Modernisation Programme for the 2023-24 academicyear.

Feasibility studies have explored options toreplace the current buildings with either a traditional brick buildor a modular build. Replacing thebuildings with a bespoke modular solution has been identified asthe is the most straightforward and economically viablesolution.

FinancialImplications

Capital: The proposed works have been taken toRIBA stage 3 and are estimated at £1,430,000. Planningpermission has been granted and all surveys have been completed.The proposal was first recognised and added to the ModernisationProgramme for the 2023-24 academic year, and as a result this sumhas been included within the modernisation school capital programmethat was recently agreed by the Council as part of the Medium TermFinancial Plan for 2024-27.

Revenue: A totalof £70,000 revenue funding is required to provide onetemporary mobile classroom for the duration of the building works.This was not known at the time of setting the 2024-25 revenuebudget and so will be reported as an unfunded pressure on therevenue budget in the Cabinet financial monitoring report during2024-25. The Directorate are looking at ways they may be able tooffset this unplanned spend with other possible underspends eitherwithin the mobile budget or within the wider Education budget

Should the scheme not proceed through tocompletion, any costs incurred at the time of cessation wouldbecome abortive costs and are likely to be recharged to Revenue.This would be reported through the regular financial monitoringreports to Cabinet.

As Cabinet Member for Education and Skills, I agreeto:

(i).Approve the allocation of £1,430,000 capitalfunding from the Children’s, Young People and Educationmodernisation capital budget to replace the modular classroom andwooden hall/classroom at Langdon Primary School;

(ii).Delegate authority to the Director of Infrastructure in consultation withthe Director of Education to enter into any necessary contracts orother legal agreements as required to implement this decision;and

(iii).Authorise the Director of Infrastructure to be thenominated Authority Representative within the relevant agreementsand to enter into variations as envisaged under thecontracts.

Proposed decision:

The Cabinet Member forEducation and Skills is asked to determine the School Year datesfor community and voluntary controlled schools, by the localauthority (LA)

Further Information:

Schools are requiredby statute to provide schooling for 190 days. Teaching

staff are required bytheir terms and conditions to complete 195 days

including 5development days.

Term dates andholidays, in England, are set:

• for communityand voluntary controlled schools, by the local authority(LA)

• forfoundation, voluntary aided schools, academies and free schools by the governingbody.

The government’spolicies to promote academies and free schools will mean thatincreasingly school governing bodies will be determining the schoolterm dates for their schools.

The proposed calendarwill be considered by Children’s, Young People and EducationCabinet Committee and following this the Cabinet Member forEducation and Skills will take the final decision. Following theconsultation and approval, the agreed school term dates calendarfor 2025-8 will be published.

Setting school termdates has a relationship to one of the priorities in DeliveringVision and Priorities for Improvement 2018 –2021. The priority states KCC will‘ensure that the maximum number of children and young peopleof statutory school age are enabled to attend education provisionon a full-time basis.’

As Cabinet Member for Education and Skills, Iagree:

1)the school term dates for KCC community and voluntary controlledschools for the school years 2025/26, 2026/27 and 2027/28.

Proposed decision

To introduce a one-offSelf-Funding Arrangement Fee for new self-funders.

Reason for the decision

Kent County Council (KCC) is proposing tointroduce a one-off Self-Funding Arrangement Set up Fee for newself-funders. This fee would be in addition to the existing annualArrangement Fee.

Background

KCCprovides adult social care services to approximately 16,394residents aged over 18 years old (data taken January 2024).Approximately 15,806 of these people receive chargeable social careservices, this includes providing services like residential careand support and care in a person’s own home or in thecommunity.

Whenpeople living in Kent need adult social care, as well as assessingtheir care needs, we also assess their income to decide how muchthey pay towards their care. This is known as means testing. Somepeople do not need to contribute towards their care, some pay acontribution, and there are people that pay for all of their care(these people are known as full payers).

If theperson has more than £23,250 in savings and other capital(not including the value of their main or only home) they must paythe full cost of their care and support. Self-funders can choose toarrange their care themselves or ask the council to do it on theirbehalf.

WhereKCC makes arrangements for self-funders’ care theCareAct 2014 enables us to charge an“Arrangement Fee” to cover the cost to the council fordoing this work. This only applies to non-residential care andsupport and only for certain categories of people who would pay thefull cost of their care and support. KCC currently chargesself-funders an annual Arrangement Fee (paid weekly).

Options (other options considered but not takenforward)

Before deciding on the preferred proposal presented in theconsultation, a number of options were considered:

How the proposed decisionsupports Framing Kent's Future - our councilstrategy for 2022 to 2026

Theproposed decision aligns with the ambitions set out in FramingKent’s Future to place Kent on a sustainable footing for themedium and long term and also aligns with Objective 2 of SecuringKent’s Future to identify opportunities to set a sustainablebudget and MTFP.

Financial Implications

Thelatest budget monitoring presented to Cabinet on 21 March 2024shows £30m budget gap for 2023-24, of which £31.3mrelates to the ASCH directorate before management action andone-off use of reserves are considered. Members have agreed theimmediate actions needed to reduce spending in the short term andhave set the course for getting the council back to financialsustainability, securing the services that residents in Kent needthe most.

Spending growth in KCC 2024-25 is £209.6m as stated in the 2024-25 budget. Thenet change to the budget is £113.9m (matched by fundingincreases through government grants, council tax, etc), leaving£95.7m savings which need to be found.

Of theabove, the spending growth in Adult’s2024-25 is £115.8m as stated in the 2024-25budget. The net change to the budget is £61.7m (matched byfunding increases through government grants, council tax, etc),leaving £54.1m in savings/additional income which needs to befound, of which this proposal is includedwithin.

Theproposed one-off arrangement fee would be for all new self-fundersonly. In 2023 there were 400 new self-funders. Based on thisfigure, it has been estimated that the proposed change could raiseapproximately £140,800 a year. We would use this money tohelp increase income so that we can continue to provide councilservices to those who need them.

Equalities implications

An initial Equality Impact Assessment(EqIA) has been completed to help us tounderstand how this proposal could impact on people due to theirprotected characteristics (age, disability, gender reassignment,race, religion or belief, sex and sexual orientation) and thosewith carer’s responsibilities. The full EqIA can be found on the consultationwebpage: www.kent.gov.uk/adultsocialcarechargingor upon request. This is a live documentand will continue to be reviewed and updated following theconsultation.

Whilst the proposed policy change does not activelypromote equal opportunities, KCC uses the financial contributionsthat people make to ensure we are able to continue to help as manypeople as possible with the limited resources that are available.This proposed change would contribute to our objective ofprotecting front line services and continuing to provide the levelof care and support needed by people in Kent.

Age, disability, sex, race and carer’sresponsibilities have been identified as having potential fornegative impact if we were to implement the proposedchange.

The EqIA has identifiedthat the highest proportion ofself-funders currently paying the Arrangement Fee are older peopleaged 61 to 101 and females.

There are specific health and economic inequalitiesthat need to be considered in terms of the impact of raisingcharges for social care. People from ethnic minorities are morelikely to suffer fromunderlying health conditions. Therefore, new self-funders fromethnic minorities could be more negatively impacted by thisproposal.

Some people may not want to pay the proposedSelf-Funding Assessment Set up Fee and may choose to put their ownarrangements in place. This may not be of the same quality of careorganised by the council. Alternatively, those impacted may decidenot to access the right levels of care and support or may decide tonot access care and support at all. As a result, any carer may berequired to provide more unpaid care, thereby affecting theireconomic, social and emotional wellbeing. This might also result inan increased need for support from other KCC services and anincrease in safeguarding concerns due to carerbreakdown.

As Cabinet Member for Adult Social Care andPublic Health, I agree to :

a)APPROVE the changes to the Adult Social Care Charging Policy;and

b)DELEGATE authority to the Corporate Director Adult SocialCare and Health to revise the Adult Social Care Charging Policy andto take relevant actions, including keeping the policy updated asnecessary, to implement the decision.

Proposeddecision:

The Deputy Leader and Cabinet Member forFinance, Corporate and Traded Services to agree to:

1.authorise the granting of a Lease for a term in excess of 20 yearsto UK Power Networks for occupation and use of a new ElectricitySub Station to be located within the grounds of the school; and

2.delegate authority to the Director of Infrastructure, inconsultation with the Deputy Leader and Cabinet Member for Finance,Corporate and Traded Services to take necessary actions, includingbut not limited to entering into relevant contracts or other legalagreements, as required to implement this.

Reason for theDecision:

The granting of a Formal Lease in excess of 20years requires a Decision from the Deputy Leader and Cabinet Memberfor Finance, Corporate and Traded Services in accordance with theCounty Council’s Property Management Protocol.

Background:

UK Power Networks is currently planning aninfrastructure improvement project in the local area. An existing substation is sited on the edge of theschool playing field on land leased by Kent County Council (KCC) tothe (former) Southern Eastern Electricity Board with approximately43 years unexpired on the term of the Lease. The current locationof the substation is now considered unsuitable by the school due toits proximity to a school building which the school wish to expand.It is proposed that a new substation is installed in a moreappropriate location within the school site and housed in a glassreinforced plastic unit, rather than a transformer in a compound.The new substation will supersede the existing substation whichwill then be removed upon completion of the project and theremainder of the existing Lease surrendered afterwards.

For consistency with other leases granted onoperational school sites to UK Power Networks and similar StatutoryUndertakers, a lease of 99 years will need to be granted for theprovision and operation of the new substation.

OptionsConsidered:

KCC has an option not to grant what iseffectively a surrender and regrant of the utility lease. Not doingso will mean that the current substation would remain in situ forthe remaining 43 year lease term (which will impact on theschool’s ability to expand its building) and prevent thesubstation from being re-provided to a modern specification).

Since the substation is required to provideelectricity to the school and ensure it remains operationalagreeing a relocation utilising a surrender and regrant understandard utility lease terms is the preferred option. This relocation will also enable an existingschool building to be extended to provide enhanced facilities tousers of the school.

How the proposeddecision supports the Framing Kent's Future - Our Council Strategy2022-2026:

This decision supports Framing Kent’sFuture – Our Council Strategy 2022-2026 as the decisionensures the school remains operational and enhances facilities,supporting KCC's commitment to maintaining its strategic role insupporting schools in Kent to deliver accessible, high –quality provision. Communities will be maintained from the newsubstation to all the properties served by the existing substation,using modern materials and technologies associated with prevailingsubstation design and construction and protected for long term useby the presence of a long lease.Environmental Step Change objectives will also be achieved, as theproposed lease will compel the operator to use sustainablematerials and reduce any carbon emissions compared to the existingsubstation, which will help the County Council achieve its Net Zerotargets.

The Deputy Leaderand Cabinet Member for Finance, Corporate and Traded Servicesagrees to:

1.the granting of a Lease for a term in excess of 20 years to UKPower Networks for occupation and use of a new Electricity SubStation to be located within the grounds of the school; and

2.delegate authority to the Director of Infrastructure, inconsultation with the Deputy Leader and Cabinet Member for Finance,Corporate and Traded Services to take necessary actions, includingbut not limited to entering into relevant contracts or other legalagreements, as required to implement this.

Proposeddecision:

The Deputy Leader and Cabinet Member forFinance, Corporate and Traded Services to agree to:

1.the implementation of a new Independent Construction ConsultancyServices Framework to support the delivery of the Capital and MinorWorks Programmes over a 6-year (4 year+1+1) contract period andincludes the following disciplines:

oLot 1 – Multi-discipline (including client delegatedduties)

oLot 2 – Project Manager (including client delegated QuantitySurveying duties)

oLot 3 – Supervisor

oLot 4 – Technical Advisor

oLot 5 – Construction Design and Management Advisor

2.delegate authority to the Director of Infrastructure, inconsultation with the Deputy Leader and Cabinet Member for Finance,Corporate and Traded Services to takerelevant actions, including but not limited to, awarding,finalising the terms of and entering into the relevant contracts orother legal agreements, as necessary, to implement the decision

3.delegate authority to the Director of Infrastructure, inconsultation with the Deputy Leader and Cabinet Member for Finance,Corporate and Traded Services to award extensions of contracts forcommissioned services in accordance with the extension clauseswithin the contract (4 years + 2 x 1 year extensions).

Reason for thedecision / Background

Kent County Council (KCC) have previouslyappointed consultants on a project-by-project basis via theProperty Services Consultancy Framework to provide professionalconsultancy services to support construction projects. However, theFramework expired in June 2020 and procurement of such services hassince been conducted on a project-by-project basis, tendered or bydirect award procurements in-line with Spending the Council’sMoney Policy and Public Contract Regulations.

The current method of procuring consultancyservices is resource intensive and requires a more efficientapproach. In addition, KCC need a professional consultancy servicesframework that aligns to the new construction partnership frameworkand can support the delivery of the minor works programme.

Options

There are 3 options to consider for theongoing procurement of consultancy services:

·Option 1 – Insource of consultancy provision.

·Option 2 – Continuing with current arrangement oftendering/direct award for each requirement.

·Option 3 – Establishing a new Construction Consultancyframework.

Following consideration of the benefits anddisbenefits at the Policy and Resources Cabinet Committee on 13July 2022, procurement activity has been progressed in relation toOption 3.

This option provides a pre-qualified frameworkof consultants to efficiently support the projects procured via theConstruction Partnership Framework and support the delivery of theminor works programme on behalf of Kent County Council (KCC). It islikely that allocation of projects under the Framework will be on arotational basis, so that all suppliers receive an equal allocationof works (performance and project dependant). In addition, the facility to undertake mini feebids will be included.

It is envisaged that the new IndependentConstruction Consultancy Services Framework will commence by lateSeptember/early October 2024.

How the proposeddecision supports the Framing Kent's Future - Our Council Strategy2022-2026:

The proposed decision will support theobjectives of the Framing Kent’s Future – Our CouncilStrategy 2022-2026 by:

·Supporting the delivery of the Council’s Capital and MinorWorks Programmes.

·Supporting the delivery of the Kent Commissioning Plan forEducation Provision 2020-2024, including the Basic Needprogramme.

·Supporting the KCC Corporate Estate maintenance programme.

·Supporting the KCC Education Estate maintenance programme.

As Cabinet Memberfor Finance, Corporate and Traded Services, I agree to:

1.the implementation of a new independent Construction ConsultancyServices Framework to support the delivery of the Capital and MinorWorks Programmes over a 6-year (4 year+1+1) contract period andincludes the following disciplines:

·Lot 1 – Multi-discipline (including client delegatedduties)

·Lot 2 – Project Manager (including client delegated QuantitySurveying duties)

·Lot 3 – Supervisor

·Lot 4 – Technical Advisor

·Lot 5 – Construction Design and Management Advisor

2.delegate authority to the Director of Infrastructure, inconsultation with the Deputy Leader and Cabinet Member for Finance,Corporate and Traded Services to take relevant actions, includingbut not limited to, awarding, finalising the terms of and enteringinto the relevant contracts or other legal agreements, asnecessary, to implement the decision.

3.delegate authority to the Director of Infrastructure, inconsultation with the Deputy Leader and Cabinet Member for Finance,Corporate and Traded Services to award extensions of contracts forcommissioned services in accordance with the extension clauseswithin the contract (4 years + 2 x 1-year extensions).

Proposeddecision

• Totender for the award of Contracts for the Coroners Removal andTransfer Service for the Kent and Medway coroners areas for aninitial 3-year period, with an option to extend for up to 2years;

• Delegateauthority to the Director of Growth & Communities inconsultation with the Cabinet Member for Community and RegulatoryServices to take relevant actions, including but not limited to,awarding, finalising the terms of and entering into the relevantcontracts or other legal agreements, as necessary, to implement thedecision

• Delegateauthority to the Director of Growth & Communities inconsultation with the Cabinet Member for Community and RegulatoryServices to Award Renewals of the current contracts in accordancewith the current clauses within the contract for the period 00:00on 22nd May 2024 to 23:59 on 31st December 2024 to accommodate therequired procurement process

Reason for the decision

This decision isrequired to allow the KCC Coroners Service to put in place newCoroners Removals and Transfer Contracts, to allow it to meet itsstatutory responsibilities (as detailed in the background sectionbelow).

Background

The Coroners and Justice Act 2009places a duty on Coroners to investigate deaths that are referredto them if they have reason to think that:

·The death was violentor unnatural.

·The cause of death isunknown; or

·The deceased diedwhile in prison, police custody or another form of state detentione.g., where a Deprivation of Liberty Safeguard Order (DoLS) is inplace.

When a death is reported to the coroner,he or she:

·establishes whether aninvestigation is required.

·if yes, investigatesto establish the identity of the person who has died; how, when,and where they died, and any information to register the death;and

·uses informationdiscovered during the investigation to assist in the prevention ofother deaths where possible.

In somecases, the coroner will order a Postmortem (PM) to establish thecause of death. On behalf of the Kent and Medway Senior Coroners,KCC ensures access to body storage and PM facilities across thefour Kent and Medway coroner areas. When a PM is necessary there isa requirement that the deceased be transported to a designatedmortuary. KCC puts contracts in place on behalf of the Kent andMedway Senior Coroners for such transportation with funeral serviceproviders.

Options (other options considered but discarded)

• DirectAward of Coroners Removals and Transfer Service Contract –This approach is not compliant with the PublicContracts Regulations 2015 and would bring significant risk oflegal challenge. Lack of competitiondoes not demonstrate compliance with the Council’s Best ValueStatutory obligations.

• DoNothing –These Contracts support delivery of KCC’sstatutory responsibilities with respect to the Coroners and JusticeAct 2009. Suitable contractualarrangements are required to ensure security of supply and servicerates.

• Use ofExternal Procurement Framework –There are noavailable Frameworks that can be used to procure these localisedservices.

Delivery of Transport Service in house –Discounted. The Council has not provided an in-housetransport service to date. The Service would require theavailability of trained staff 24/7 365 days per year; detailed costinformation would need to be established to understand theviability of this option.

How the proposed decision supports theFramingKent's Future - Our Council Strategy2022-2026

The proposed (Lotted)Contract structure minimises potential environmental impact of thetransport element of this service (Priority 3, Environmental stepchange).

Howthe proposed decision supports Securing Kent’sFuture

Contract review workundertaken to date and plans for a competitive procurement processsupports Objective 2 of Securing Kent’s Future (Deliveringsavings from identified opportunity areas to set a sustainable2024/5 budget and MTFP).

As Cabinet Member for Community and RegulatoryServices, I agree:

• ToTENDER for the award of Contracts for the Coroners Removal andTransfer Service for the Kent and Medway coroners areas for an initial 3-year period, with anoption to extend for up to 2 years;

• DELEGATEauthority to the Director of Growth & Communities inconsultation with the Cabinet Member for Community and RegulatoryServices to take relevant actions, including but not limited to,awarding, finalising the terms of and entering into the relevantcontracts or other legal agreements, as necessary, to implement thedecision;

• DELEGATEauthority to the Director of Growth & Communities inconsultation with the Cabinet Member for Community and RegulatoryServices to Award Renewals of the current contracts in accordancewith the current clauses within the contract for the period 00:00on 22nd May 2024 to 23:59 on 31st December 2024 to accommodate therequired procurement process.

Reason for the decision

KCCcurrently holds a contingency contract with a commercial providerfor the provision of a marine pollution response capability(including equipment and personnel) in the event of an marinepollution incident. That contract expires this year, having beenpreviously extended.

Whilstthe retainer element of the contract represents relatively smallexpenditure (less than £5K), if it is required to be calledupon then the expenditure is likely to be greater than£1M.

Background

KCC haslegal duties to plan and prepare for emergencies which may occur inKent. The potential for an emergency to occur which results in thepollution of Kent’s coastline is recognised. In relativelyrecent years there have been incidents that have come close topolluting areas of the Kent coastline, the most recent being theleak from a wreck on the Goodwin Sands in 2022. The location of thecounty, adjacent to the busiest shipping lane in the world, putsKent at high risk of such events occurring.

Marinepollution events include pollution from marine / crude / waxy /vegetable oils, other noxious substances, cargo (e.g. timber, suchas the Sinegorsk incident), land-basedwastewater or sewage, algal blooms, or dead marine wildlife (i.e.whales, dolphins, porpoises or similar).

KCC hashistorically agreed to undertake a Tier 2 marine pollution responsein support of boroughs / district / city councils (who undertakeTier 1 responses). This is a local agreement as there is no legalor regulatory duty upon KCC to cover Tier 2 responses. TheMaritime and Coastguard AgencyNational Contingency Plan refers onlyto a local authority role in Tier 1 and 2 shoreline clean-up anddoesn’t specifically mention county councils or upper tierauthorities.

KCCcurrently holds the existing contract on behalf of coastal borough/ district councils (excluding Medway Unitary Authority). Thecontract allows for KCC to call down elements of it to support anyresponse required to a marine pollution incident. However forfuture contracts, KCC and the coastal borough / district councilshave agreed that all authorities will contribute to the standbycost, and each will have the ability to call on the contract. Thecost of activating the contract will also be split between theaffected authorities.

Options (other options considered but discarded)

·Do nothing.

oThis would leave KCC exposed to not meeting itsduties to plan, prepare and respond to an incident that threatensthe environment of the UK, as defined in the Civil ContingenciesAct.

oIt would also lead to significant reputational riskfor KCC if there is a significant impact on the environment and /or the economy (e.g. loss of tourist income).

·Rely on national government, localmutual aid agreements or military support.

oNational government (through the Maritime &Coastguard Agency) has responsibilities for at-sea clean-upoperations, but not onshore cleanup.

oMutual aid agreements between local authorities arealready in place but they are limited in scope and do not providethe capability which would be required.

oMilitary Aid to the Civil Authorities (MACA) may besought in such an incident but it cannot be guaranteed and does notprovide the specialist equipment required. MACA also requires that all civil options have been exhaustedbefore it can be undertaken, including the commercial providers whocould be contracted under this tender.

How the proposed decision supportsthe Framing Kent's Future - OurCouncil Strategy 2022-2026

Thedecision concerns the provision of infrastructure for the communityin the event of an emergency and forms part of KCC’s role inmaking Kent’s communities safe.

How the proposed decision supports SecuringKent’s Future:democracy.kent.gov.uk/documents/s121235/SecuringKents Future - Budget RecoveryStrategy.pdf

Thedecision results from a review of an existing contract. The newcontract will be of a ‘call off’ nature, allowing KCCto only call off the elements it needs to support its duties. Itwill also provide the framework to allow partners to call offelements for their own purposes but will provide the means andclarity to ensure that KCC only pays for those elements which itcalls off itself.

As the Cabinet Member for Community andRegulatory Services, I agree to:

1.KCC entering a contract for the provision of a marine pollutionresponse capability, including equipment and expertise, in theevent of a marine pollution incident.

2.Delegate authority to the Director of Infrastructure, inconsultation with the Cabinet Member for Community and RegulatoryServices to take necessary actions, included but not limited toentering into relevant contracts or other legal agreements toimplement the above for the provision of a marine pollutionresponse capability, including equipment and expertise, in theevent of a marine pollution incident.

Proposed decision:

APPROVE the procurement and contract award ofa zero value Road Asset Renewal contract;

DELEGATE authority to the Director of Highwaysand Transportation, to take relevant actions to facilitate therequired procurement activity;

DELEGATE authority to the Director of Highwaysand Transportation, in consultation with the Cabinet Member forHighways and Transport, to take relevant actions, including but notlimited to, awarding, finalising the terms of and entering into therelevant contracts or other legal agreements, as necessary, toimplement the decision; and

DELEGATE authority to the Director of Highwaysand Transportation, in consultation with the Cabinet Member forHighways and Transport, to award any extensions of the contract inaccordance with the extension clauses within the contract, part ofwhich includes undertaking market testing to ensure anyextension(s) continue to provide best value to the authority.

Reason:

Our 5,400 road networkin Kent has a replacement value of £10.2 billion. It plays avital part in delivering council objectives set out in FramingKent’s Future by enabling safe and reliable journeysaround and through the county. Our roads support social wellbeingand economic prosperity. They are essential for emergency servicesto execute their work: policing, healthcare, fire, and emergencyresponse provision all require an effective highway network. Theseservices are a key part of a functioning society which cannot existwithout well-maintained and well-managed roads.

Our current approach to roadmaintenance is set out in our Highways Asset Management Plan for 2021/22 to2025/26 (HAMP) which was formally adopted and publishedin July 2021. The majority of road spend is onplanned data-driven maintenance to prevent potholes and surfacedefects occurring in the first place, a key principle of assetmanagement. This includes £20-25mper annum being spent on road asset renewal.

The current contractwith GW Highways that delivers this work expires in December 2024and cannot be extended. To deliver thisservice from 2025, to fulfil KCC’s duties under the HighwaysAct 1980, KCC requires a new road asset renewalscontract.

A report is to bepresented to the Environment and Transport Cabinet Committee on 21May 2024 to detail the procurement process for the provision ofthis service through a single multi-year contract.

Options:

That KCC commissions a singlesupplier contract to provide road asset renewal services for aninitial period of five years with extensions up to a further fiveyears.

Do nothing.

We have ruled out other approaches as they would notachieve the right conditions to maximise best value whilstmaintaining quality standards. Theywould also not encourage and maximise materials innovation and costeffective investment in plant and equipment to contribute to carbonreduction.

Financial Implications:

There are no financial risks to the Council from developing thiszero-value contract, as the Council is only required to pay forwork after it has been delivered. Thereis also no guarantee of work under the proposedcontract.

The anticipate expenditure over the initial five year period maybe in the region of £20-25m per annum, based on the historicspend through the current contract. Should the extension period ofup to five years be taken (ten years in total), we estimate asimilar level of expenditure continuing, though there isuncertainty around government capital grants movingforwards. Road maintenance works arefunded through a combination of those DfT grants and KCC capitalborrowing.

In establishing the zero value contract, Kent County Councildoes not commit in any way to awarding any volume or value of worksto the appointed contractor. This will allow flexibility whereservices required may be affected by KCC budgetary pressures anduncertainty around internal and external funding.

As Cabinet Memberfor Highways and Transport, I agree to:

(i) APPROVE theprocurement and contract award of a zero value Road Asset Renewalcontract;

(ii) DELEGATEauthority to the Director of Highways and Transportation, to takerelevant actions to facilitate the required procurementactivity;

(iii) DELEGATEauthority to the Director of Highways and Transportation, inconsultation with the Cabinet Member for Highways and Transport, totake relevant actions, including but not limited to, awarding,finalising the terms of and entering into the relevant contracts orother legal agreements, as necessary, to implement the decision;and

(iv) DELEGATE authority to theDirector of Highways and Transportation, in consultation with theCabinet Member for Highways and Transport, to award any extensionsof the contract in accordance with the extension clauses within thecontract, part of which includes market testing to ensure anyextension(s) continue to provide best value to theauthority

Proposed decision

To APPROVE a BSIP initiative table for the period 2025-2029 forinclusion within Kent’s 2024 BSIP submission. The tabledetails proposed initiatives across a range of focus areas (e.g.network, fares and ticketing, infrastructure) which could bedelivered should additional external funding beawarded to KCC through the Government’s National Bus Strategyprocess.

Reason for the decision

-Affects two or more Electoral Divisions

-Involves potential expenditure of over £1mshould funding be made available by Government to support theproposed 2025-29 initiative programme

Background

In October 2021, Kent County Council (KCC) worked in conjunctionwith the county’s bus operators to submit a Kent Bus ServiceImprovement Plan (BSIP) to Government. The original BSIP waswritten in response to the National Bus Strategy, which set out anambitious vision for the recovery and subsequent growth of the busindustry across England.

In April 2022 KCC learnt that its BSIP had been well received byGovernment and that it had been allocated £35.1m of fundingto deliver some of the interventions identified within the plan.The first tranche of this funding totalling £18.9m wasreceived in March 2023 and has been utilised to roll out aninitiative programme across the 23/24 financial year - seeDecision - 23/00027 - BSIP Tranche One. The second tranche of funding, totalling £16.2m for thedelivery of initiatives in 24/25 is expected to be formallyaccepted and received in June 2024 and was subject to Decision - 23/00104 - BSIP Tranche Two

In January 2024, Government set out new BSIP guidance for all LocalTransport Authorities (LTAs) requiring the submission of a revised2024 BSIP by 12^th June 2024.

The2024 BSIP must consist of three main elements, withrequirements “a” and“b” involving factual updates only – i.e.covering factual information and initiatives already agreed andapproved through previous BSIP related CouncilDecisions:

a)Updating the baseline to 2023/24: updating the 2021BSIP’s account of the current situation to reflect alldevelopments since 2021, including evolution of the local busmarket post-pandemic and its issues and opportunities &highlighting achievements made since 2021 through BSIP fundingreceived to date.

b)Setting out the delivery programme for financialyear 2024/25: should BSIP Tranche 2 funding for 24/25 be formallyawarded and accepted.

c)A plan for 2025 and beyond, refreshing theplan’s ambition and setting out a pipeline of proposals forthe four years 2025/26 – 2028/29, ready for delivery shouldexternal funding be made available from Government through theNational Bus Strategy process.

Like all LTAs, KCC must produce and submit its BSIP in order tosecure the formal offer and release of its BSIP funding for2024/25.

The release of related BSIP+ funding is also subject to thissubmission.

Government have been clear that there is currently no fundingavailable to support 25-29 BSIP programmes but have indicated thatfuture funding decisions/ allocations may be based on the BSIPssubmitted through this process by LTAs.

Options (other options considered butdiscarded)

Option 1: To not produce a 2024 BSIP – This has been rejectedas failure to submit a BSIP in line withGovernment requirements will result in the loss of tranche 2 BSIPfunding for 24/25 and the release of BSIP+ funding which is vitalfor bus service support.

·How the proposed decision supportsFraming Kent’s Future 2022-2026: (https://www.kent.gov.uk/about-the-council/strategies-and-policies/corporate-policies/our-council-strategy)

The decision supportsPriority 2: Infrastructurefor communities and the specific commitment to work with ourpartners through the Kent Enhanced Bus Partnership and withGovernment to explore sustainable and commercially viable optionsfor providing bus transport to meet people’s needs, makingthe best use of Bus Service Improvement Plan funding.

How the proposed decision supports: SecuringKent’s Future:democracy.kent.gov.uk/documents/s121235/SecuringKents Future - Budget RecoveryStrategy.pdf

Thedecision does not place any additional financial burden on KCC asall initiatives proposed within the 25-29 programme would besubject to external funding being made available by Governmentthrough the National Bus Strategy process.

ProposedDecision

Cabinet Member for Adult SocialCare and Health (as part of progressing the Stop Smoking Grantagreement entered into earlier in 2024), to approve the enhancedstop smoking services and agree the framework arrangements formanagement of the related grant funding.

Background

On 4 October 2023, theGovernment published ‘Stopping the start: our new plan tocreate a smokefree generation’ which sets out theproposed actions the government will take to tackle smoking andyouth vaping.This included a programme of funding to supportcurrent smokers to quit smoking, with £70 million additionalfunding per year for local authority stop smoking services andsupport.

The aim of this additionalfunding is to ensure there is a nationwide comprehensive offer tohelp people stop smoking across England and to increase the numberof smokers engaging with effective interventions to quitsmoking.

This new funding is in additionto the Public Health Grant and will be provided through a newSection 31 Grant on top of the current Public Health Grantallocations. This funding is ringfenced for local authority ledstop smoking services and support. The Department of Health andSocial Care (DHSC) will provide the grant and the additionalfunding will be used to complement and enhance existing stopsmoking services in Kent.

KCC received the full grantagreement in February 2024, detailing the relevant conditions andthe full funding allocation for 2024/2025,£1,944,823.

The additional funding isanticipated to be provided over the next five financial years,starting from 2024-25 until 2028-29. The grant agreement covers thefirst year, with funding for subsequent years subject to spendingreview settlements, following the routine practice for allgovernment expenditure. It will be important that KCC is able todemonstrate on an annual basis, that it is achieving good value formoney and delivery of outcomes, while balancing the likelihood thatany underspends in year may lead to future reductions in the grantallocation.

Local authorities will berequired to maintain their existing spend on stop smoking services,based on the stop smoking service data they have submitted for theyear 2022 to 2023. They should ensure they maintain this level offunding throughout the whole grant period.

The Secretary of State forHealth and Social Care has determined that the grant will be paidbased on the understanding that the funding will be usedto:

• Invest in enhancinglocal authority commissioned stop smoking services and support, inaddition to and while maintaining existing spend on these servicesand support from the public health grant. This should not replaceother/existing programmes which support smokers to quit, forexample the tobacco dependency programme delivered within the NHSLong Term Plan
• Build capacity todeliver expanded local stop smoking services andsupport
• Build demand forlocal stop smoking services and support
• Deliver increases inthe number of people setting a quit date and 4 week quit outcomes,reporting outcomes in the Stop Smoking ServicesCollection.

Reason forDecision

A Key Decision (Decision No:24/00001) was taken in February 2024, which approved the Councilentering into the agreement to secure the funding. A further keydecision is required to approve the commissioning of enhanced stopsmoking services and agree the framework for management of relatedgrant funding.

The additional funding is agreat opportunity for KCC to increase and enhance the stop smokingservice offer for Kent residents and therefore improve outcomes(measured through 4 week quits). The funding will be used to builddemand and capacity in stop smoking services and increasetargeting.

It is proposed thatcommissioning activity is undertaken to enhance the stop smokingservices and support available for residents of Kent. Work isunderway to plan commissioning activity for 2024/2025 and futureyears. All planned activity is in line with the Grant Conditionsand will aim to increase the number of people in Kent quittingsmoking.

It is also proposed that a‘Stop Smoking Service Framework’ will be used todetermine spend of local stop smoking service grant funding andsupport decision making. Under this Framework all expenditure ofLocal Stop Smoking Services and Support Grant funding must be inline with budget forecasting and adhere to DHSC Local Stop SmokingServices and Support Grant terms and conditions. Proposals forspend must meet one of the following criteria:

1. Will support thecouncil in enhancing commissioned stop smoking services andsupport. This should not replace other/existing programmes whichsupport smokers to quit, for example the tobacco dependencyprogramme delivered within the NHS Long Term Plan
2. Will support thecouncil to build capacity to deliver expanded local stop smokingservices and support
3. Will build demand forlocal stop smoking services and support
4. Will support thecouncil to deliver increases in the number of people setting a quitdate and four week quit outcomes.

An example of a project thatwould meet the criteria:

• Develop marketingmaterials and social media campaigns to increase awareness of localstop smoking services (this may involve engagement with people whosmoke).

KCC will be required to work with the DHSC toprovide the necessary information and data to monitor and evaluateprogress.

Options (otheroptions considered but discarded)

Reject the Stop Smoking Services andSupport Grant – The option of turning down the additionalstop smoking services funding was discarded as there are manypeople in Kent who will benefit from this resource, and it is agreat opportunity for KCC to increase and enhance the stop smokingservice offer for Kent residents and therefore improveoutcomes.

Distributing funding on an individual basiswith some via Key Decision and some managed operationally– The option for handling all funding activity on anindividual basis, with certain projects managed at operationallevel and others progressing via the Key Decision process as andwhen required was considered. That option would not enable thecouncil to respond quickly and flexibly to changing demand and needor provide a clear strategic plan for delivering against the LocalStop Smoking and Support Grant requirements.

How the proposeddecision meets the priorities of New Models of Care and Support asset out in ‘‘Framing Kent’s Future – OurCouncil Strategy 2022 – 2026’’

Stop smoking services supportsKCC to achieve the following priorities set out in the CouncilsStrategy 2022-2026 ‘Framing Kent’sFuture’:

Priority 1: Levelling upKent

• To see significantimprovements in the economy, connectivity, educational attainment,skills and employment rates and public health outcomes in deprivedcommunities in coastal areas so that they improve faster than therest of Kent to reduce the gaps

• To work with ourpartners to hardwire a preventative approach into improving thehealth of Kent’s population and narrowing healthinequalities.

How the proposeddecision supports Securing Kent’s Future

Stop smoking services supportsKCC to achieve the priorities set out in Securing Kent Future, bypreventing people from getting long term health conditions linkedto smoking, which increase’s demand and costs in Health andSocial Care.

FinancialImplications

The table below shows the confirmed maximumamount of funding allocation for Kent.

Table 1: KentFunding Allocation 2024/2025

The grant allocation will initially apply forthe first year of the grant (the financial year 2024 to 2025).

The additional funding is anticipated to beprovided over the next five financial years, until 2028-2029.

The government cannot provide specificallocations for 2025 to 2026 and beyond at this stage. Funding forsubsequent years will be subject to spending review settlements,following the routine practice for all government expenditure.Authority has been delegated via the previous decision, for Officeragreement to accept any future funding allocations providing it ison similar terms.

Important to highlight that this funding is inaddition to the Public Health Grant and therefore the Stop Smokingactivity and spend for this programme does not create anyadditional pressure on KCC’s base budget.

As Cabinet Member for Adult SocialCare and Public Health, I agree to:

I.APPROVE the commissioning of StopSmoking Services to deliver against the Support Grant and projectrequirements;

II.APPROVE the framework arrangementsset out in the report for ongoing management of the Stop SmokingServices and Support Grant 2024/2025 to 2028/2029;

III.DELEGATE authority to the Directorof Public Health, in consultation with the Cabinet Member for AdultSocial Care and Public Health and Corporate Director for Finance,to revise and amend the arrangements set out in the frameworkdetails, subject to the scope and terms and conditions of the grantfunding;

IV.DELEGATE authority to the Directorof Public Health, in consultation with the Cabinet Member for AdultSocial Care and Public Health, to take relevant actions, includingbut not limited to, awarding, finalising the terms of and enteringinto the relevant contracts or other legal agreements, asnecessary, to implement the decision; and

V.DELEGATE authority to the Directorof Public Health, in consultation with the Cabinet Member for AdultSocial Care and Public Health, to award extensions of contracts forcommissioned services in accordance with future grantallocations.

Proposeddecision

The Cabinet Member forEnvironment to approve the award of new contractual arrangement forthe receipt and treatment of Street Sweepings and HighwayMechanical Arisings delivered to KCC’s Transfer Stations byCollection Authorities and delegate authority to the CorporateDirector of Highways and Transport, in consultation with theCabinet Member for Environment and Transport to take relevantactions, including but not limited to, awarding, finalising theterms of and entering into the relevant contracts or other legalagreements, as necessary, to implement the decision

Reason for thedecision

·KCC is seeking a new contractual arrangement for the receipt andtreatment of this material.

Background

·As the Waste Disposal Authority, KCC has a statutory responsibilityto dispose of waste collected by the Waste Collection Authorities,which includes waste collected by street sweeper vehicles.

·By treating this waste, it is seperated into constiuent parts, suchas sand, stones, metals glass, soil, leaves, organic matter andlitter, and reused in construction and restoration projects.

·It is envisaged that the commission will be presented in threegeographical lots: West Kent, East Kent& Mid Kent, to take account of haulage considerations to thetreatment facility and will include provision for managing 11,000tonnes of street sweepings and highway mechanical arisingscollected by the collection authorities across Kent.

·The contract is expected to commence on 1^st June 2024for a duration of up to 4 years, with a break clause in the2^nd year. The market engagement exercise informed thecontract length as being the most attractive to the industry,whilst giving KCC flexibility to review the arrangements based onperformance.

Options (otheroptions considered but discarded)

·Option 1 – Do nothing – the current arrangements willcontinue; This is not a viable option as the incumbent’sextension proposal is not financial sustainable for theAuthority.

·Option 2 – Discontinue accepting the street sweeping andhighway mechanical arisings waste from the collection authoritiesin Kent; this is not an option due to KCC’s obligation totake this waste as the Waste Disposal Authority.

·Option 3 – Continue to accept the waste, but utilisealternative disposal options by using landfill or incineration;this is not an option as there is an obligation to comply with thewaste hierarchy and to meet landfill diversion targets.Furthermore, to send this material to incineration would becostly against a treatment option.

Preferredoption:

·Option 4 is the preferred option. The Authority is seekingto appoint a new provider to secure a contract (for up to fouryears) that will benefit and achieve the best outcomes for theauthority and Kent households and fulfil the statutory duty of KCCoperating under the Environmental Protection Act 1990, to disposeof collected municipal waste.

As Cabinet Memberfor Environment, I agree to:

(i)COMMISSION and award a contract for the receipt and processing ofstreet sweepings and highway mechanical arisings for up to 4 yearsand

(ii)DELEGATE authority to the Director of Environment and CircularEconomy in consultation with the Cabinet Member for Community andRegulatory Services to take relevant actions, including but notlimited to, awarding, finalising the terms of and entering into therelevant contracts or other legal agreements, as necessary, toimplement the decision.

Proposeddecision:

To agree the re-procurement and the award ofnew contracts for Public Rights of Way (PRoW) vegetation clearance, in consultation withthe Cabinet Member for Community and Regulatory Services, for afurther period of five years and an allowable extension of twoyears subject to performance; and, to delegate authority to theDirector of Growth and Communities to take other relevant actions, including, but not limitedto finalising the terms of and entering into required contracts or other legal agreements, asnecessary to implement the decision.

Reason for the decision:

The contracts tomanage the vegetation on the PRoWnetwork are due for renewal, with the previous contractualarrangements ending at the end of the 2024-5 financialyear.

The proposed contractswould have a five-year term with the option to extend for a furthertwo.

The annual spend onvegetation clearance on the PRoWnetwork is approximately £400K. When considered over thefive-year term of the contracts, and allowing for inflationaryincreases, the aggregate spend will exceed £2M. Given thatthe likely expenditure will exceed £1m a key decision isrequired to enable the procurement to proceed and, subject tosuccessful procurement, to award contracts for the delivery ofPRoW vegetation clearancework.

Background:

The Public Rights of Way network in Kentextends to 6995Km. PRoW are publichighways and approximately 99% of the network in Kent ismaintainable at the public expense. Vegetation growing from thesurface of the highway (other than crops) is the responsibility ofthe County Council to manage. Vegetation overgrowth is the singlemost reported issue on the PRoW networkby the public.

The Asset Management Plan 2019 identified thatthe optimum length of vegetation clearance is 1758802m per annum,below which lengths of the network will be obstructed or unpleasantto use. The authority would fail to meet its statutory obligationto maintain the network. The lengthcleared will vary reflecting the nature/ length of the growingseason. Inevitably with a warmer climate we are experiencing longergrowing seasons.

Failure to deliver the optimum level ofservice in the short term would simply defer the activity withsubstantially greater costs being incurred at alater date in order to recover the position. Ie the vegetation would still need to be clearedbut the additional growth would take longer to clear and wouldrequire heavier machinery.

Vegetation clearance ensures that thePRoW network (public highway) isavailable to the public, is safe and supports Kent’s economy,health and well-being. Obstruction of,or interruption to, access results in an associated loss in publicbenefit & economic impact on businesses reliant onvisitors.

Preferredoption:

The outcome of market engagement forvegetation clearance and preparation of the commercial case is arecommendation that the work be split into 10 lots with noindividual supplier awarded more than three lots. The recommended contract duration of 5-7 yearsallows the service providers sufficient certainty to invest inspecialist equipment and their labour force. It is expected thatthis will encourage more local SMEs to bid. The expectation, based on previous procurement, isthat four contractors will deliver the contracts. The opportunityfor businesses to tender for the work will be published on the KentBusiness Portal.

Options (otheroptions considered but discarded):

Do nothing: This is not an option. TheCounty Council would not be delivering a minimum level of serviceto meet its statutory obligations. It would be at risk ofthird-party action to compel it to undertake the work and at riskof increased numbers of third partyinjury claims. The long terms costs of maintenance would beincreased appreciably.

Single supplier contract: Previous procurement rounds have failed toidentify any single supplier that can deliver the levels ofclearance required or compete on price other than throughsub-contracting with significant implications for quality andreliability. Previous rounds of procurement have not identified asingle supplier with the capacity to deliver the programme withoutsub-contracting much of the work, adding significant risk to the CountyCouncil in terms of performance and delivery.

Multi supplier framework: The CountyCouncil would not be able to enter contracts of sufficient lengththat it would be financially and logistically fitting forsuppliers. The use of similar frameworks for small works in thepast has seen a rapid diminution in the contractors availablethrough the framework.

In house: There are significantbarriers to entry in terms of purchasing/ leasing the machineryrequired and recruiting, retaining andmanaging the scale of workforce required for what would be shortterm seasonal contracts.

How the proposeddecision supports Framing Kent’s Future 2022-2026:

The procurement accords with the CountyCouncil’s Strategy “Framing Kent’sFuture”:

i) Levelling upKent: Priority 1: supporting ambitionsto improve the health of Kent’s population particularlypromoting healthy behaviours Priority 1-4

ii) Infrastructurefor Communities,Priority 2: 2 Invests in Kent’s high-qualitylandscapes. 6. Supports the choice ofalternative travel options by prioritising the maintenance ofaccessible walking routes and cycle lanes

iii) Environmental stepchange. Priority 3: Improve access for our residents to green andnatural spaces especially in urban and deprived areas and throughour Public Rights of Way network to improve health and wellbeingoutcomes

How the proposeddecision supports Securing Kent’s Future:

The procurement of vegetation clearancecontracts seeks to secure best value in the delivery of what is astatutory function (the maintenance of the publicly maintainablehighway). It seeks to deliver this work in the most efficient,economic and effective way, consistentwith the prioritisation of the Council’s best value duty. Inthat respect it is consistent with, and supports, SecuringKent’s Future.

As Cabinet Member for Community and RegulatoryServices, I agree to:

• AGREEthe re-procurement and the award of new contracts for PRoWvegetation clearance, in consultation with the Cabinet Member forCommunity and Regulatory Services, for a further period of fiveyears and an allowable extension of two years subject toperformance; and,

• DELEGATEauthority to the Director of Growth and Communities to take otherrelevant actions, including , but not limited to finalising theterms of and entering into requiredcontracts or other legal agreements, as necessary to implement thedecision.

Proposeddecision:

1) Issue new contracts,via direct awards, for the provision of Post-Mortem Facilities inMid-Kent and Medway, Northwest Kent, East Kent, Central and SouthEast Kent to commence from 1 April 2024 for a period of 3 years (36months) with the option of extending for up to a further 2 years(24 months)

2) Delegate authority tothe Director for Growth and Communities, in consultation with theCabinet Member for Community and Regulatory Services to takerelevant actions, including but not limited to, awarding,finalising the terms of and entering into the relevant contracts orother legal agreements, as necessary, to implement the decision

3) Delegate authority tothe Director for Growth and Communities, in consultation with theCabinet Member for Community and Regulatory Services to award extensions of contracts for commissionedservices in accordance with the extension clauses within thecontract (3 years + 2 year extension)

Reasonfor the decision:

The current contracts for PM facilities andstaff expire on 31 March 2024. There is a need for these contractsto be renewed from 1st April 2024 to ensure continuity of thiscritical service.

Background:

The Coroners and Justice Act 2009 places aduty on Coroners to investigate deaths that are referred to them ifthey have reason to think that:

·The death was violent or unnatural;

·The cause of death is unknown; or

·The deceased died while in prison, police custody or another formof state detention.

In some cases, the Coroner will order aPost-Mortem (PM) to establish the cause of death, and in suchcases, the deceased is taken to one of five NHS mortuaries acrossKent and Medway. On behalf of the Kent Senior Coroners, KCC ensuresaccess to body storage and PM facilities across the Kent coronerareas.

Options (otheroptions considered but discarded):

Option 1: Donothing

This is a statutory service, and unlesscontracts are put in place the system of coronial deathinvestigation and certification in the Mid Kent & Medway, NorthWest Kent, North East Kent, Central and South East Kent coronerareas will fail. The Council will also be at risk of receiving aninconsistent provision and quality of service, a lack of controlover costs, and subsequent reputational ramifications.

Option 2: Go out totender Competitive Tender Process

There are no private sector organisationswithin this marketplace locally, and previous experience ofmortuary use outside of Kent has not delivered a suitable service.A competitive tender process will not yield a competitiveprocess.

Option 3: Use ofFramework or other viable contract mechanism.

There are no known frameworks or other viablemechanisms for the provision of mortuary facilities in England andWales.

Option 4: One NHSTrust delivers all PMs.

No single facility can accommodate the numberof PMs required.

How theproposed decision supports the Framing Kent's Future - OurCouncil Strategy 2022-2026:

The decision supports Priority2 of Framing Kent’s Future: Infrastructure for Communities,as it supports KCC’s duty to resource the Senior Coroners inKent in carrying out their role.

How the proposeddecision supports Securing Kent’s Future:

Contract review workand negotiation undertaken to date supports Objective 2 of SecuringKent’s Future (Delivering savings from identified opportunityareas to set a sustainable 2024/5 budget and MTFP).

As Cabinet Member for Community and RegulatoryServices, I agree to:

(i) ISSUE new contracts,via direct awards, for the provision of Post-Mortem Facilities inMid-Kent and Medway, North West Kent, North East Kent and Centraland South East Kent coroner areas to commence from 1 April 2024 fora period of 3 years (36 months) with the option of extending for upto a further 2 years (24 months).

(ii) DELEGATE authorityto the Director for Growth and Communities, in consultation withthe Cabinet Member for Community and Regulatory Services to takerelevant actions, including but not limited to, awarding,finalising the terms of and entering into the relevant contracts orother legal agreements, as necessary, to implement thedecision.

(iii) DELEGATE authority to theDirector for Growth and Communities, in consultation with theCabinet member for Regulatory Services to award extensions ofcontracts for commissioned services in accordance with theextension clauses within the contract (3 years + 2 yearextension).

Reason for the Decision

Under competitive tension, aspart of an auction sale, the property sold for a figure exceedingthe £1m threshold and so now requires a keydecision.

Due to the timescales involvedan urgent decision from theCabinet Member is required to confirm the appropriate approvals forthe completion of this disposal.

Background

The Constitution’s Property Management Protocolprovides delegated authority to the Director of Infrastructure toagree freehold disposals up to a value of £1m, with disposalsmore than this figure to be determined as a key decision by theCabinet Member. In this case a valuation was obtained along withadvice from the auctioneer and local agents which indicated thatthe expected sale price was likely to be well under the £1mthreshold.

Theproperty was entered into the 1 May 2024 auction, with a reserveagreed by the Director of Infrastructure under delegated powers setout in the Property Management Protocol.

The final bid achieved was above expectations,exceeding the £1m limit of officer delegations.

Options Considered

Obtainan urgent decision – This will ensure compliance withKCC’s governance processes.

Followthe normal route for a decision – The property was sold atauction and therefore a decision is required by 31^stMay. This would not be achieved. REJECTED

Do notobtain a decision from the Cabinet Member – The Governanceprocess for authority would not be compliant. REJECTED

As Deputy Leader andCabinet Member for Finance, Corporate and Traded Services, I agreeto:

1.Approve the sale of theproperty for £1.274m under the auction terms andconditions;

2.Confirm the Director ofInfrastructure’s decision under delegated authority todispose of the property known as Rosemary Centre PRU, 189 HighRoad, Wilmington DA2 7DP, noting that the property’sperformance at auction exceeded the expectations underpinning theoriginal disposal plan; and

3.Delegate authority tothe Director of Infrastructure, in consultation with the DeputyLeader and Cabinet Member for Finance, Corporate and TradedServices to finalise the sale and take other actions including butnot limited to, entering into relevant contracts or other legalagreements, as necessary to implement this decision.