Purpose

Proposed decision
 
To procure a new
framework contract for the placement of children and young people
with Education, Health and Care Plans in the Independent and Non
Maintained Independent Special Schools sector from 1 September
2026.
 
Reason for the decision
 

-     
The Non-Maintained Independent Special School
Dynamic Purchasing System (NMISS DPS) was established following a
Key Decision (Decision
- 21/00049 - Non-Maintained and Independent Special School
Commissioning Strategy) in
September 2022 for an initial period of three years, ending 31
August 2025. This is a zero guaranteed spend with multiple
providers contract compliant with Public Contract Regulations
2015.

-     
A one year extension of the contract was approved by
the Cabinet Member for Education and Skills in February 2025
(Decision
- 25/00007 - Non-Maintained Independent Special School (NMISS)
Dynamic Purchasing System (DPS) - Contract extension and
re-procurement options)  thereby extending the
contract end date to 31 August 2026.

-     
Approximately one third of the Independent and Non
Maintained Special Schools (INMSS) used by the Council to make
placements for children and you people are currently on the
framework contract. Increasing provider participation in the new
framework is essential to shaping a more inclusive and effective
relationship with the sector.

-     
A new framework contract, that is compliant with the
Procurement Act 2023, will be required to be ready to use as of 1
September 2026.

-     
Aligned with the Kent SEND Strategy 2025–2028,
the new contract aims to increase participation from the INMSS
sector, improving oversight, outcomes, and reducing reliance on
distant placements and associated travel costs.

 
Background
 

-     
Kent County Council (KCC) has a statutory duty to
ensure that all children and young people receive suitable
education, under the Children and Families Act 2014 and the SEND
Code of Practice (2015).
-     
Prior to the implementation of the current NMISS
contract, all placements within the independent sector were
arranged through spot purchasing. This, coupled with a gradual
increase in the number of placements in the independent sector, has
contributed to a year-on-year rise in placement costs.

-     
The NMISS framework contract was introduced for KCC
to be compliant with procurement legislation and to enable the
monitoring and assurance of the quality of provision, improve
outcomes for children and young people placed in the independent
sector, and achieve better value for money.

-     
While the current NMISS contract has delivered
progress against these aims, significant learning has emerged. The
upcoming procurement will address known challenges and barriers,
with a continued emphasis on quality and outcomes for children and
young people.

-     
Implementing a new contract will support the
development of a more inclusive and effective relationship with the
sector, aligned with Kent’s strategic objectives, including
the Countywide Approach to
Inclusive Education and the commitments
outlined in the Framing
Kent’s Future Strategy and
Securing Kent’s Future Budget
Recovery strategy, particularly in
addressing concerns of lower school attendance and placement
breakdowns in the independent sector.

-     
The procurement of an open framework arrangement
with Independent and Non-Maintained Special Schools (INMSS) aligns
with the implementation of the review of the KCC Maintained Special Schools
by promoting inclusive, local provision, improving
oversight through robust quality assurance, and managing
system-wide demand to ensure specialist placements are reserved for
those with the most complex needs. Both approaches prioritise
reducing reliance on distant placements, enhancing educational and
wellbeing outcomes, and engaging stakeholders to build confidence
in local SEND provision.
 
Options (other options considered and not
recommended)
 

-     
Do Nothing:
Allowing the current contract to expire and revert to spot
purchasing. This option is not considered compliant with the
Procurement Act 2023, limits KCC’s ability to strategically
manage provider performance, and undermines achievement of value
for money objectives.

-     
Directly award contracts to known well
performing schools: This would require
significant activity to be able to meet the requirement that
providers in receipt of a directly awarded contract have a proven
track record and could potentially see providers  challenging decisions as to why some providers
would be selected over others and potentially receive individual
negotiations on each of the contract terms making the services
impossible to manage to get consistency of outcomes for children
across Kent.

-     
Extend the current DPS
framework contract using the remaining
extension clauses in the existing contract. This option was
previously considered and discarded as part of the decision to
implement a one year extension of the contract in February 2025 as
referenced above. 
 
How
the proposed decision supports the Framing Kent's Future - Our
Council Strategy 2022-2026:
 

-     
Priority 1 - Levelling up Kent -  To maintain KCC’s strategic role in
supporting schools in Kent to deliver accessible, high quality
education provision for all families.

-     
Priority 2 - Infrastructure for Communities - A
commitment to maximise social value to attract additional community
benefits. 

-     
Priority 4 - New Models of Care and Support –
To reshape our commissioning practice to ensure we build strategic
partnerships with our providers, through earlier engagement, more
consistent and proactive commissioning practice, and a stronger
focus on co-designing services.

 

How the proposed decision supports Securing
Kent’s Future Budget Recovery Strategy  2022 -2026:

 

-     
It will meet the strategic objectives by
contributing to bringing the Council’s budget back into
balance.

-     
It will prioritise Best Value
considerations.

 

 
Legal
Implications 
 
Kent County Council has a statutory responsibility when placing
children and young people in the Independent and Non-Maintained
Special School sector. These include:

-     
Education Act 1996: KCC has a statutory
responsibility under the act to provide education for all children
and young people until age 19 and to age 25 for those with EHC
plans.

-     
Children and Families Act 2014: Requires KCC to
secure the special educational provision in a child’s
Education, Health and Care Plan (EHCP), including placements in
NMISS where appropriate.

-     
SEND Code of Practice (2015): Provides statutory
guidance on working with families and providers to ensure suitable,
high-quality placements.

-     
SEND and AP Improvement Plan (White Paper, expected
Autumn 2025): Is likely to introduce national standards for
commissioning, regional frameworks, and stronger accountability for
SEND outcomes.

-     
Kent’s SEND Strategy 2025 -2026 aligns with
the above legislative frameworks and focuses on inclusive, local
provision, and the Commissioning Plan for Education Provision in
Kent sets out the Council’s approach to meeting future SEND
demand through strategic planning and provision.

-     
The procurement of a new framework, undertaken in
compliance with the Procurement Act 2023, and with appropriate
legal advice, will facilitate the discharge of the Council’s
above statutory duties.

 
 

Decision

As Cabinet Member for Education and
Skills,  I agree to:
 
A)  
APPROVE the commissioning and procurement of a new Open Framework
contract for the placement of children and young people with
Education, Health and Care Plans in Independent and Non Maintained
Special Schools. The Framework contract to commence on 1 September
2026, for a duration of up to eight years, to include provisions to
enable disaggregation, subject to any future Local Government
Reorganisation.
 
B)  
DELEGATE authority to the Corporate Director of Children, Young
People and Education, to take relevant actions, including but not
limited to awarding, negotiating and finalising the terms of, and
entering into required framework agreements and call off contracts,
extensions or other legal agreements, as required to implement the
decision, in consultation with the Cabinet Member for Education and
Skills.