Purpose

The report details and resolves an urgent need for additional pupil place capacity within the locality driven by increased demand for in borough SEND places.  The installation of a new bespoke modular school building by September 2026 enables the school to accommodate an additional twenty places for pupils with an Education Health and Care Plan (EHCP) and   four support staff on a permanent basis.  This approach delivers against TMBC commitments to:

(i)      Comply with the Councils statutory duty to ensure sufficient and appropriate school places are available to meet increased SRP demand.

(ii)    Improve accessibility and physical infrastructure, aligned with inclusive education best practices.

(iii)  Enable a reduction in significantly higher out of borough costs producing additional savings at a similar level in subsequent years.

(iv)  Provide safe, compliant and functional education facilities for SEND pupils.

(v)    Increase control of quality, type of provision and a reduction in travel for vulnerable pupils.

(vi)  Introduces the flexibility to address SEND sufficiency pressures for diverse cohorts of ambulant and non-ambulant pupils. 

Decision

(i)                  The contract is awarded to Portakabin Limited within the budget envelope of £0.450m based on urgency subject to compliance with the contract procedure rules using the OJEU compliant Northern Procurement Alliance Modular Building 3 Framework (NPA MB3) working jointly with STAR Procurement due to the necessity to place the  order in May 2026 to enable timely manufacture, mobilisation, installation and opening by the beginning of school term in September 2026.

(ii)               Approval is given for the Council to no longer enter into a grant agreement with Ashton West End Primary Academy.  The Council will manage and deliver the project directly.

(iii)             Approval is given for Officers in Capital Delivery to continue to concurrently secure detailed designs, commission further surveys, compile employers’ requirements, agree the final contract sum and progress the appointment of a RIBA registered Architect as Principal Designer to finalise technical specification work packages and schedules to RIBA Stage 4 for compliance purposes in accordance with CDM15, Planning and Building control requirements and monitor specification compliance to the point of handing to the school.

(iv)             Approve development and delivery of the project by Capital Delivery including operational, financial management and specific approval of payments within the limits as determined by the financial procedure rules to the Assistant Director and Head of Strategic Property, Housing, Environment and Estates.

Reasons for the decision

(i)      The Executive Cabinet approved capital investment of £0.450m from the High Needs Capital Grant Fund (HNCGF) on the 18 February 2026 and delegated authority to the Strategic Director of Children’s services to enter into a grant agreement with Ashton West End Primary Academy (AWEPA) to deliver the Specialist Resource Provision (SRP) by 1 September 2026 subject to appropriate due diligence. The Council in accordance with the scheme of delegation have determined the project will be delivered directly rather than by grant agreement with AWEPA.

(ii)    Statutory obligations, practical completion urgency and the welfare of the children constitute overriding public interest justification for direct delivery and award of contract to Portakabin Limited.  The decision reflects the capital value involved, the requirement for full compliance with the Councils financial, procurement and contract procedure rules and the imperative to ensure Department for Education (DfE) guidelines BB104, BB93 and Construction Design and Management Regulations 2015 (CDM15) compliance, timely installation, cost control and programme quality throughout the delivery period.

(iii)  The project will be managed and monitored by the Capital Delivery Team using formal construction project management, planning, variation, change and cost control methodologies with regular financial and governance reporting to Education Board to ensure value for money and timely delivery by the long stop date. 

Alternative options considered

(i)      Mini Competition by STAR was rejected due to urgent need to deliver the SRP by September 2026.  A failure to do so resulting in the inability to meet statutory obligations and potential detrimental reputational impact on the Council and welfare of vulnerable children.

(ii)    Maintaining current provision without creating additional Specialist places.  This would not address the growing demand for specialist places within mainstream settings and increase out of borough placement costs.