Issue - meetings

Cabinet considered a report on the Lancashire Schools Phase 3 project. The project aimed to improve outcomes for children and young people with autism and reduce High Needs Block spend on out of county placements. The project was initiated over 12 months ago and had not been delivered due to complications arising from defects liabilities.

The lender had stated that it required the county council to issue a certificate under section 3 of the Local Government (Contracts) Act 1997 before it would approve the variation to the Building Schools for the Future (BSF) Project Agreement necessary to allow the works at Hameldon College, Burnley to proceed.

It was noted that the reason for urgency was the need to ensure that the proposed works, which had been subject to delays outside of the county council's control, could take place as soon as possible, specifically to ensure that progress could be made over the summer period to minimise disruption to the school. 

Resolved: That;

  i.  The Director of Corporate Services be authorised to approve any documents required to give effect to the variation to the Project Agreement in order to allow the relocation of Broadfield Special School to the Hameldon College premises;

  ii.  The Chief Executive and Director of Resources be authorised to issue a certificate under the Local Government (Contracts) Act 1997 in respect of the variation to the Project Agreement to be entered into between the county council and the PFI Contractor regarding works to be undertaken at the Hameldon College premises; and

  iii.  That Lancashire County Council give an indemnity to the Chief Executive and Director of Resources as follows:

“Lancashire County Council shall indemnify the Chief Executive and Director of Resources against any claims made against them (including costs incurred by and awarded against them) and will not itself make claims against them for any loss or damage occasioned by neglect and error or omission committed by the Chief Executive and Director of Resources in the course of or in connection with the signing of the certificate(s) referred to above.”

  iv.  The decision be implemented immediately for the purposes of Standing Order C29 as any delay could adversely affect the execution of the county council's responsibilities. The reason for this is that the decision has been designated as business critical by the relevant Executive Director, and any delay in its implementation would have an adverse effect on the operations of the county council.