Purpose

In November 2024, the county council was
notified of structural defects in schools constructed under the
Government’s Building Schools for the Future (BSF) Programme.
Structural engineers advised that further investigation was
required, and until these investigations and any subsequent
remedial works were completed, exclusion zones must remain in place
to ensure the continued safe operation of the schools.

Due to the failure on the part of the PFI Project Companies to take
the required action within an acceptable timeframe, pursuant to a
decision of the Interim Director of Finance and Commercialisation,
the council exercised its contractual step-in rights and arranged
for the installation of Heras fencing around all identified risk
areas, supported by on site security to ensure that no unauthorised
access occurred behind the exclusion zones.

In accordance with the Project Agreements, the associated costs are
being recovered from the PFI Contractors by way of an adjustment to
the Monthly Unitary Payments.

While a definitive timeframe for removing the exclusion zones and
security cannot yet be confirmed, the PFI Contractors have made
progress on the required remedial works, and a phased removal of
fencing and security is anticipated throughout 2026.

Additional funding is now required to secure the ongoing provision
of these arrangements until such time as time as the issues with
the masonry walls are satisfactorily remediated or satisfactory
evidence is provided that they are no longer required.

Content

Simon Lawrence,
Director of Growth and Property, following consultation with the s.151 Officer and Director of
Law and Governance, took the decision as set out in the
report.