Purpose

Proposed
decision
 
 The Cabinet Member for Education and
Skills to approve:
 
·        
Expansion of Specialist Resource provisions in
mainstream schools and academies to meet evidenced gaps
·        
Adopting a new county-wide model of support to children and young
people with Vision Impairment (VI).
·        
Confirmation of the current policy position with
regard to specialist resource provisions (SRPs) for social,
emotional and mental health, and SRPs for Post 16
students.
 
Reason for the decision
 
·   
To ensure the local authority can meet its statutory
requirements for education provision.
·   
To ensure the viability of Specialist Resource
Provisions (SRPs) and efficient use of resources, so that children
receive appropriate specialist support within or close to their
communities.
·   
The proposal for a new more flexible model for
specialist support for children and young people with an EHCP for
Visual Impairment is also intended to ensure equity of provision
across the County and the most efficient use of resources in
improving outcomes for children with an EHC plan for Vision
Impairment
 
Background – Provide brief additional context
 

A review of KCC’s current specialist resource
provisions (SRPs) was undertaken. The review considered: the number
and type of places available against forecast demand; travel
patterns and geographical gaps; whether there are clear pathways
from primary school SRPs to secondary schools with an SRP; the
specialist designations of current SRPS against the SEN need
profile in their locality and the viability of existing
SRPs.

 

Vision Impairment, as a primary need, is a low
incidence need. Less than 1.0% of all Kent EHCPs for school age
children and young people have a primary need of VI. Currently KCC
has two SRPs with a designation that is solely for VI, one in East
and one in South Kent. There are an additional two SRPs that
include VI within their designation, both in East Kent. Elsewhere
in the County, children who are vision
impaired are supported by the Qualified Teachers for Vision
Impairment and other VI specialists from the KCC Specialist
Teaching Services for Children and Young People with Sensory
Impairment and/or Physical Disabilities:
Sensory Impairment in
Mainstream Schools - KELSI  and
Physical Disability
and Complex Medical Needs - KELSI. The Vision
Impairment specialists in this team also support schools with SRPs
for VI where there has been a gap in recruitment of a qualified
teacher for VI. It is proposed that this model of support is
adopted across the County.

When consulting on establishing SRPs in secondary
schools, KCC has always set out its policy position that the SRPs
are intended to cover children and young people in Years 7 to 11.
Over time there has been a gradual growth in numbers of young
people remaining in SRPs in Years 12 and 13. It is intended that
this should be the exception, rather than the rule and that KCC
reiterates its position that SRPs in secondary schools are
principally for young people in Years 7 to 11 and should focus on
supporting young people to become more independent as they move on
to Post 16 education and training.

 

This review informs commissioning decisions around
SRPs that are reflected in the SEN Sufficiency Plan which covers
wider SEN provision planning. The SEN Sufficiency Plan sits under
the Commissioning Plan for Education Provision in Kent. It sets out
the principles by which we determine mainstream and SEN related
education provision proposals, forecasts the need for future
provision, and details plans to meet commissioning needs which
arise in each district and borough in Kent over the next five
years. SRPs are part of the continuum of SEN provision (mainstream,
specialist in mainstream and special schools) and the review
provides the rationale for commissioning decisions for the
specialist in mainstream provision (SRPs).
 
Options (other options considered but discarded)

 
The decision was taken
to review SRPs under the wider SEND Transformation Programme as
Kent’s high DSG deficit and the commitment made to the DfE
under Kent’s Safety Valve agreement and the Accelerated
Progress Plan, the option of ‘do nothing’ and not
carrying out the review was not a viable option.
 
How the
proposed decision supports the Strategic direction of the
Council:
 
The proposals aim to
enable children and young people with SEND to access education in a
setting that is appropriate for their needs and as locally as
possible. They will enable, where appropriate, more mainstream
schools to meet the needs of children and young people with SEND,
thus increasing the choice and proximity of school places, as well
as ensuring that children and young people with VI are supported by
appropriately qualified specialist staff wherever they and their
families prefer them to be educated. Increasing capacity in our
mainstream specialist provision is a key part
of the strategy to reduce our reliance on the independent,
non-maintained sector, and the use of SRPs in providing a wider
more specialist SEN offer in mainstream, supports this
aim.
 
The proposal to
address the SRP provision gaps between primary and secondary
schools and address geographical and demand gaps will also enable
the local authority to ensure that the Best Value duty is being
applied and Kent is able to secure value for money in relation to
the educational provision that children and young people with an
EHC plan access. The proposal for a new more flexible model for
specialist support for children and young people with an EHCP for
Visual Impairment is also intended to ensure the most efficient use
of resources in improving outcomes for children with an EHC plan
for Vision Impairment. A Local Authority, under the 2014 Act, must
comply with the parent/carer or young person's request unless
attendance at the preferred school would not meet their special
educational needs, or would be incompatible with the efficient
education of others or the efficient use of resources. The
efficient use of resources that is referenced under the 2014 Act
regarding placement of children and young people with an EHC plan
ensures that as a local authority the Best Value duty can be
applied while ensuring a suitable education is provided to children
and young people with an EHCP.
 
 

Financial Implications

 
Capital:
Capital
costs related to proposals to commission new SRPs and/or expand
current SRPs to meet provision pathway and geographical gaps and
meet growth in demand will be funded through KCC’s High Needs
Capital Grant allocations provided by the Department of Education
(DfE). This capital grant is provided on an annual basis to support
high needs provision for children and young people with special
educational needs and disabilities or requiring alternative
provision. The grant can be used to either create new school
places, improve existing facilities or/and support mainstream
inclusion.
 
The
annual grant allocations are combined, along with other specific
funding sources, to fund the programme of works to support the
development of High Needs Provision across Kent. The programme has
been running since 2020-21 with a total combined annual budget of
just under £109m of which, £67m has been either spent
or committed to current known schemes (as at Quarter 1 2025 capital
monitoring reported to Cabinet in September 2025). The balance of
£41.5m is intended to support new projects, such as the
sufficiency of SRPs and special school places and SEND support in
mainstream schools.
 
 
The
capital costs and phasing associated with the prioritisation and
commissioning of new or expansion of current SRPs is being worked
on by Assistant Directors of Education and their teams.
Feasibilities are being undertaken on any SRP proposals requiring
additional accommodation or extensive refurbishment  and currently intended for September 2026 opening
(subject to consultation and statutory process where applicable),
followed by those intended for 2027 or 2028 opening. Costs will be
considered alongside any proposals for capital investment in
Special Schools and mainstream inclusion spaces and projects will
be prioritised to ensure costs remain within the overall budget
allocated. Individual proposals for new or expanded SRPs will be
included within the Kent Commissioning Plan process (either at new
Plan or review stage) in order to ensure alignment with the Capital
Planning and Reporting process.
 
Revenue:
The
Council commissions schools to provide the support and provision
provided in an SRP on a day-to-day basis, normally by paying a
pre-agreed rate per place. The Council funds the revenue costs of
SRP places from the High Needs Block of the Dedicated Schools
Grant, a specific ring-fenced revenue grant from the
DfE.
 
The
rate paid per place by the Council is currently under review, and
is subject to the implementation of a new funding model that is
expected from September 2026. In addition, a revised
contract/service level agreement is also expected to be introduced
with school/Trusts running SRPs at the same time.
 
The
Council is currently overspending on its High Needs Block by
approximately £55m-£60m per year of which the use of
more specialist provision such as state-funded or independent
special schools, rather than supporting children to remain more
locally in their mainstream school, has been highlighted as a key
contributing factor to this position. Whilst there is no direct
cost of SRPs to the General Fund, the Council is part of the Safety
Valve Programme, a DfE initiative to support Local Authorities with
the highest deficits, of which the Council has agreed to contribute
a total of £82m between 2022-23 and 2027-28 to help reduce
the accumulated deficit, alongside an extra £140m from DfE.
The DfE funding is contingent on the development of plan to achieve
value for money within the existing SEN regulatory framework and to
aim to reach an in-year breakeven position by the end of 2027-28.
Reducing the Council’s reliance on specialist education
placements is a key part of the strategy to achieve this, and the
use of SRPs in providing a wider more specialist SEN offer in
mainstream, supports this aim. Alongside ensuring the current SRP
offer continues to offer Value for Money and meets current demands.
In addition, enabling children to be supported more locally will
also reduce the cost of school transport, which is a direct cost to
the General Fund.
 
Legal
Implications  
 
Under the Children and Families Act
2014 KCC has a duty ‘to support the child and his or her
parent, or the young person, in order to facilitate the development
of the child or young person and to help him or her achieve the
best possible educational and other outcomes’. By ensuring we
have appropriate provision as locally as possible, we are
delivering on our obligation in accordance with this
legislation. 
 
Local Authorities need to deliver their statutory duties and be
aware of non-statutory guidance and advice, which relate to
children and young people with sensory impairments. These are:

·     
The Equalities Act which:  places duties on local authorities to review
support services and in doing so requires Local Authorities to have
due regard to the way in which any changes will affect children and
young people with a disability (in this case those with a sensory
impairment). It specifies the requirement to make well informed,
reasonable adjustments for children and young people with a sensory
impairment.

·     
The SEND Code of Practice places requirements on
Local Authorities to: provide access to advice from a suitably
qualified person as part of the EHCP process and subsequent
“assess, plan, do, review” cycles, and make appropriate
provision for those with an EHC plan in the 0-25 range.

·     
The DfE Specification for mandatory qualifications
for specialist teachers of deaf/blind children and young people
which requires:  teachers in the Sensory
Inclusion Service (or in charge of Units or SRPs) to hold a
statutory qualification in Hearing Impairment (HI) or Visual
Impairment (VI).

·     
Sufficiency Duties: KCC is under a statutory duty to
contribute towards the spiritual, moral, mental and physical
development of the community by securing that efficient primary
education and secondary education are available to meet the needs
of the population of their area: section 13 of the Education Act
1996 (“the 1996 Act”).

·     
KCC must ensure that its education functions are
exercised by the authority with a view to promoting high standards,
ensuring fair access to opportunity for education and training, and
promoting the fulfilment of learning potential by every person
under the age of 20 and those over the age of 20 and for whom an
EHC Plan is maintained: section 13A. By section 14, KCC must secure
that sufficient schools for providing primary and secondary
education are available for their area, defined as being sufficient
in number, character and equipment to provide for all pupils the
opportunity of appropriate education.

·     
Under section 27 of the Children and Families Act
2014 (“the 2014 Act”), KCC is under a duty to keep
under review the educational provision, training provision and
social care provision made in its area (and outside it) for
children and young people who have special educational needs or a
disability. KCC must consider the extent to which its provision is
sufficient to meet the educational needs, training needs and social
care needs of the children and young people concerned.
 
All
individual proposals to either establish new, expand current or
cease current provision will be required to go through the
statutory process under the School Organisation (Prescribed
Alterations to Maintained Schols) (England) Regulations 2013,
Making Significant Changes to Maintained Schools (statutory
guidance August 2025) and Making Significant Changes to an Academy
(non-statutory guidance on collaborative school place planning,
August 2025).
 

Decision

As Cabinet Member for Education and Skills, I
agree to:

APPROVE the change in the model of support to
children and young people with Vision Impairment (VI) from SRP
provision, to being supported by the KCC Specialist team in their
local mainstream school.
APPROVE and adopt the
policy position not to commission places in SRPs with a designation
of Social, Emotional and Mental Health (SEMH) needs.
Confirm the policy
position, that secondary school SRP places are commissioned for
Years 7-11 only, with exceptions being considered on a case by case
basis.
APPROVE the
allocation of £20m of the High Needs Capital Grant to enable
the delivery of an increase in commissioned SRP places, in line
with the proposals set out in Tables 8c to 8f of the Commissioning
Plan for Education Provision in Kent 2026-30.
DELEGATE authority to
the Corporate Director Children, Young People and Education to
enter in to all and any necessary negotiations, consultations and
contracts to commission the increase in SRP places set out in
Tables 8c to 8f of the Commissioning Plan for Education Provision
in Kent 2026-30, to change the designations of some existing SRPs
as set out in Table 8g of the Commissioning Plan for Education
Provision in Kent 2026-30, and to decommission some SRP provisions
to implement the decisions set out at I. and II. above,
DELEGATE authority to
the Corporate Director Children, Young People and Education, in
consultation with the Cabinet Member for Education and Skills to
issue public notices and approve proposals on behalf of the Local
Authority.
Delegate authority to
the Corporate Director Children, Young People and Education to
approve capital expenditure on individual SRP proposals contained
in Tables 8c to 8f of the Commissioning Plan for Education
Provision in Kent 2026-30 provided that the total capital
expenditure remains within the agreed £20m, and in cases
involving capital expenditure above £1m, such approval to be
made in consultation with the Cabinet Member for Education and
Skills.
DELEGATE authority to
the Director for Education and Special Educational Needs to enter
into contracts and service level agreements (SLAs) with mainstream
primary and secondary schools that provide either new or existing
Specialist Resource Provisions (SRPs), on behalf of Kent County
Council under the current contract/SLA in place as agreed under key
decision 23/00128.