Agenda item

SPECIAL EDUCATIONAL NEEDS AND DISABILITIES (SEND) AND ALTERNATIVE PROVISION (AP) CAPITAL PROGRAMMES AND SPECIALIST SUFFICIENCY TO 2031/32

Cabinet approval is sought to make some changes to the planned use of the total Capital Funding approved by Full Council in February 2024 and reflected as £189m budget in the Medium Term Financial Strategy for the Council’s Special Educational Needs and Disabilities (SEND) Capital Programme and the Alternative Provision (AP) Capital Programme for 2024/25 to 2027/28.

(The decisions on this item can be called-in by the Children, Families, Lifelong Learning & Culture Select Committee)

N.B There is a Part 2 report at Item 19.

 

Decision:

RESOLVED:

 

  1. That Cabinet approves the reprofiling of the total Capital Funding approved by Full Council in February 2024 and reflected as a total of £189m budget in the Medium Term Financial Strategy (MTFS) for the Council’s Special Educational Needs and Disabilities (SEND) Capital Programme and the Alternative Provision (AP) Capital Programme for 2024/25 to 2027/28.

 

  1. That Cabinet agrees redirection of resources totalling £5.3m from the approved SEND budget allocation of £148.86m to the approved AP budget allocation of £40.09m for 2024/25 to 2027/28, thereby providing £143.6m for the SEND capital budget and £45.4m for the AP capital budget for 2024/25-2027/28 overall. This enables committed and planned SEND and AP programmes delivery within the approved budgets.

 

  1. That Cabinet approves withdrawal of six planned projects from the SEND Capital Programme which are not affordable within the 2024/25-2027/28 budget allocation for SEND capital.

 

  1. That Cabinet agrees to the acceptance of capital liabilities for the new 150 place Special Free School awarded to the Council by the Secretary of State for Education on 13 May 2024 to be funded and delivered by the Department for Education by 2028/29, and addition of four new 20 place specialist Resourced Provisions in maintained mainstream secondary schools and academies (‘Centres’) which are affordable within the 2024/25-2027/28 budget allocation for SEND capital.

 

  1. That Cabinet approves the delegation of authority to allocate resources from the approved SEND and AP Capital budgets required for individual projects to the Cabinet Member for Children, Families and Lifelong Learning, following Capital Property Panel’s (CPP) financial scrutiny and endorsement. This is in line with Full Council approved amended Financial Regulations from March 2023.

 

  1. That Cabinet delegates authority to the Section 151 officer, in consultation with the Director of Land and Property, to finalise and approve the terms of all associated legal contracts and agreements to facilitate the recommendations in this paper and approves procurement of the supply chain for the delivery of all associated services required, in accordance with the Council’s Procurement and Contract Standing Orders.

 

Reasons for Decisions:

 

·         Continued investment in the Council’s Special Educational Needs and Disabilities (SEND) Capital Programme and the Alternative Provision (AP) Capital Programme 2024/25 to 2027/28 delivery tranches will generate a positive impact on outcomes for Surrey resident children with complex additional needs and disabilities, as well as improving the Council’s financial sustainability.

This is aligned with Surrey’s partnership Inclusion and Additional Needs strategy, Safety Valve Agreement with the Department of Education and local area post-inspection improvement plans.

 

·         The 33 remaining committed and planned SEND capital projects and five AP capital projects that are proposed to progress are business critical to ensure Surrey County Council (the Council) discharges its statutory duties under Section 3 of the Local Government Act 1999, Sections 13 and 14 of the Education Act 1996 and Part 27 Section 3 of the Children and Families Act 2014.

 

·         The additional capital liabilities for the proposed new special free school, four new mainstream secondary age specialist Centres and confirmed cost increases against 15 committed and planned SEND capital projects and five AP capital projects are affordable within the total Capital Funding approved by Full Council in February 2024 and reflected as a total of the £189m budget in the Medium Term Financial Strategy (MTFS) for the Council’s Special Educational Needs and Disabilities (SEND) Capital Programme and the Alternative Provision (AP) Capital Programme for 2024/25 to 2027/28.

 

·         As all project budgets are above the current threshold for £1m, Cabinet’s delegated authority is required to enable the Cabinet Member for Children, Families and Lifelong Learning to approve budgets and allocate resources from the approved Capital budget allocations for the Special Educational Needs and Disabilities (SEND) Capital Programme and the Alternative Provision (AP) Capital Programme to individual projects following Capital Programme Panel (CPP) scrutiny and endorsement of financial business cases.

 

·         To that end, agreement is sought for the proposed change to scope and use of defined resources to enable project progression against the Procurement Forward Plan, so that committed and planned capital projects’ contracts can be awarded to facilitate target delivery timescales between 2024/25 and 2027/28.

 

(The decisions on this item can be called-in by the Children, Families, Lifelong Learning & Culture Select Committee)

 

 

Minutes:

The report was introduced by the Cabinet Member for Children, Families and Lifelong Learning who explained that the report set out the changes to the SEND Capital programme. Between 2019/20 and 2023/24, Cabinet approved capital investment of approximately £217m for Surrey’s Special Educational Needs and Disabilities (SEND) Capital Programme and around £43m for the Alternative Provision (AP) Capital Programme, a total of £260m overall. The aim of the SEND and AP Capital Programmes was to create a fit for purpose state-maintained estate with more places for Surrey resident children with special educational needs, reducing reliance on out of county and Non-Maintained Independent (NMI) placements. The main goals are to increase the availability of Centres in mainstream schools, and to create additional places in specialist school provision within Surrey to provide local children with the most complex profiles of need the best opportunities for improved outcomes. So far 43 permanent construction projects had been successfully completed, delivering 1,058 additional built places with around £71m spend to year end 2023/24.

 

The programme is subject to an annual health check. Challenges including safety standards updates, new conservation liabilities and legislative changes, and ongoing global economic turbulence which affect the construction sector and the costs of all of the Council’s capital programmes have continued to increase significantly, impacting the original programmes’ delivery within allocated capital budgets. Six of the projects could not be progressed. The Leader expressed the importance of continuing with the projects already in motion.

 

RESOLVED:

 

  1. That Cabinet approves the reprofiling of the total Capital Funding approved by Full Council in February 2024 and reflected as a total of £189m budget in the Medium Term Financial Strategy (MTFS) for the Council’s Special Educational Needs and Disabilities (SEND) Capital Programme and the Alternative Provision (AP) Capital Programme for 2024/25 to 2027/28.

 

  1. That Cabinet agrees redirection of resources totalling £5.3m from the approved SEND budget allocation of £148.86m to the approved AP budget allocation of £40.09m for 2024/25 to 2027/28, thereby providing £143.6m for the SEND capital budget and £45.4m for the AP capital budget for 2024/25-2027/28 overall. This enables committed and planned SEND and AP programmes delivery within the approved budgets.

 

  1. That Cabinet approves withdrawal of six planned projects from the SEND Capital Programme which are not affordable within the 2024/25-2027/28 budget allocation for SEND capital.

 

  1. That Cabinet agrees to the acceptance of capital liabilities for the new 150 place Special Free School awarded to the Council by the Secretary of State for Education on 13 May 2024 to be funded and delivered by the Department for Education by 2028/29, and addition of four new 20 place specialist Resourced Provisions in maintained mainstream secondary schools and academies (‘Centres’) which are affordable within the 2024/25-2027/28 budget allocation for SEND capital.

 

  1. That Cabinet approves the delegation of authority to allocate resources from the approved SEND and AP Capital budgets required for individual projects to the Cabinet Member for Children, Families and Lifelong Learning, following Capital Property Panel’s (CPP) financial scrutiny and endorsement. This is in line with Full Council approved amended Financial Regulations from March 2023.

 

  1. That Cabinet delegates authority to the Section 151 officer, in consultation with the Director of Land and Property, to finalise and approve the terms of all associated legal contracts and agreements to facilitate the recommendations in this paper and approves procurement of the supply chain for the delivery of all associated services required, in accordance with the Council’s Procurement and Contract Standing Orders.

 

Reasons for Decisions:

 

·         Continued investment in the Council’s Special Educational Needs and Disabilities (SEND) Capital Programme and the Alternative Provision (AP) Capital Programme 2024/25 to 2027/28 delivery tranches will generate a positive impact on outcomes for Surrey resident children with complex additional needs and disabilities, as well as improving the Council’s financial sustainability.

This is aligned with Surrey’s partnership Inclusion and Additional Needs strategy, Safety Valve Agreement with the Department of Education and local area post-inspection improvement plans.

 

·         The 33 remaining committed and planned SEND capital projects and five AP capital projects that are proposed to progress are business critical to ensure Surrey County Council (the Council) discharges its statutory duties under Section 3 of the Local Government Act 1999, Sections 13 and 14 of the Education Act 1996 and Part 27 Section 3 of the Children and Families Act 2014.

 

·         The additional capital liabilities for the proposed new special free school, four new mainstream secondary age specialist Centres and confirmed cost increases against 15 committed and planned SEND capital projects and five AP capital projects are affordable within the total Capital Funding approved by Full Council in February 2024 and reflected as a total of the £189m budget in the Medium Term Financial Strategy (MTFS) for the Council’s Special Educational Needs and Disabilities (SEND) Capital Programme and the Alternative Provision (AP) Capital Programme for 2024/25 to 2027/28.

 

·         As all project budgets are above the current threshold for £1m, Cabinet’s delegated authority is required to enable the Cabinet Member for Children, Families and Lifelong Learning to approve budgets and allocate resources from the approved Capital budget allocations for the Special Educational Needs and Disabilities (SEND) Capital Programme and the Alternative Provision (AP) Capital Programme to individual projects following Capital Programme Panel (CPP) scrutiny and endorsement of financial business cases.

 

·         To that end, agreement is sought for the proposed change to scope and use of defined resources to enable project progression against the Procurement Forward Plan, so that committed and planned capital projects’ contracts can be awarded to facilitate target delivery timescales between 2024/25 and 2027/28.

 

(The decisions on this item can be called-in by the Children, Families, Lifelong Learning & Culture Select Committee)

 

 

Supporting documents: