The Scrutiny Committee met to discuss the significant financial challenges and proposed reforms within Kent's Special Educational Needs and Disabilities (SEND) system, alongside updates on the council's winter service and efforts to combat fly-tipping. Key decisions included noting the ongoing financial pressures within SEND, acknowledging the need for a sustainable system, and agreeing to further investigate the costs associated with improving highway maintenance and addressing fly-tipping.

What Would a Sustainable SEND System Cost?

The committee engaged in a detailed discussion regarding the escalating costs of the Special Educational Needs and Disabilities (SEND) system in Kent. Officers presented a report highlighting that if current spending trajectories continue, Kent faces an annual overspend of approximately £100 million in the next financial year, with accumulated deficits reaching £296.5 million by March 2026. This situation is exacerbated by a freeze on High Needs Funding allocations from the Department for Education (DfE).

The report outlined that a sustainable SEND system's cost is heavily dependent on the approach to management and the level of financial investment, with a wide spectrum of views on how resources should be allocated. At one end, some argue for a needs-led system with no financial thresholds, while others advocate for a cost-envelope approach. The committee heard that if all requests for Education, Health and Care Plans (EHCPs) were agreed without thresholds, the total annual cost for SEND in Kent could rise to around £1 billion, requiring significant capital investment for new specialist provision.

The government's SEND reforms, outlined in the Every Child Achieving and Thriving white paper, aim to address these financial pressures by focusing on early intervention, local provision, fair resourcing, evidence-based approaches, and integrated support. Kent's existing work in areas such as developing inclusive mainstream practices, the Communities of Schools model, and the Balanced System® for Speech, Language and Communication Needs (SLCN) was noted as aligning well with these national reform intentions. However, a key challenge remains the lack of clarity on future government funding, particularly for historic deficits, and the precise definition of complex needs to guide specialist provision. The committee was informed that KCC is working with partners to develop a SEND reform plan to be submitted to the DfE, which will be crucial for accessing the new High Needs Stability grant.

Winter Service Update Report

The committee received an update on Kent's winter service, noting that the period from October 2025 to January 2026 experienced significant weather challenges, including five named storm events and persistent rainfall, leading to a substantial increase in reported potholes. The report detailed that the council had responded to 40 salting shouts, using 8,390 tonnes of rock salt, with 98.36% of salting runs completed within the specified timeframe.

Concerns were raised about the public perception of worsening pothole conditions, which the data largely supported, with February 2026 seeing an unprecedented 10,861 pothole enquiries. The council explained that while a budget of £4.3 million is allocated for winter service, this does not cover exceptional weather events. The report highlighted that primary salting routes, covering approximately a third of the road network, are designed to capacity, and adding new routes would require removing others. The committee was informed about the upcoming transition to a new highways term maintenance contract with Ringway, which will introduce a new gritting fleet with telematics and aims to improve operational efficiency and resilience. Discussions also touched upon the potential for parish councils to invest in local highway improvements and the ongoing review of salting routes.

Fly-Tipping

The committee discussed the persistent issue of fly-tipping across Kent, noting the significant increase in incidents, particularly during and after the COVID-19 pandemic. The report highlighted the distinct roles of Waste Collection Authorities (WCAs), primarily district and borough councils, in clearing fly-tipped waste from public land, and Kent County Council (KCC) as the Waste Disposal Authority (WDA), responsible for processing collected waste.

It was revealed that KCC processed 2,503 tonnes of fly-tipped material in 2024/25, costing approximately £345,000 in disposal gate fees alone. The committee heard that enforcement activity varies significantly between districts, with inconsistent penalties and a lack of deterrent effect noted. The report identified opportunities for improvement, including lobbying the government for stronger penalties and reforms, as recommended by a House of Lords enquiry, and the potential development of a single countywide reporting, monitoring, and response system to improve intelligence sharing and operational efficiency. The committee also discussed the challenges of commercial waste disposal, the effectiveness of the HWRC booking system, and the role of the Environment Agency in enforcement. Recommendations were made to promote waste carrier licenses for businesses, encourage consistent fines across Kent, explore a multi-agency hub, and advocate for improved national legislation and enforcement.

Work Programme

The committee noted the proposed work programme, which included items such as VAT and Business Rates on private school fees, Family Hubs, and winter flu pressures. A provisional future item was scheduled for a briefing on SEND at KCC, and the final report for the Short Focused Inquiry into Water Quality and Supply was also noted.