UHL Apprenticeship and Development Centre Sub-Contracting Arrangements

1.0 Definition of Sub-contracting

The Education and Skills Funding Agency (ESFA) 2020 describes sub-contracting as ‘Subcontracted delivery is provision delivered by a third party organisation with whom the institution directly funded by the ESFA has entered into contractual arrangements for the delivery of a proportion of the education provision funded by the ESFA, and for which payments are dependent on student numbers and/or formula funding values.’

2.0 Rationale and Scope

2.1 The University Hospitals of Leicester Apprenticeship and Development Centre (hereon in referred to as the “Centre”)  is committed to delivering high quality standards and qualifications in a fair, honest and consistent manner to all its learners.

In order to achieve this in the delivery of apprenticeships, the Centre will incorporate a partner organisation who can demonstrate high quality delivery and has capacity, and capability, to deliver initial assessments and qualifications for functional skills. This will ensure the Centre meets the ESFA expectations in terms of functional skills attainment for apprentices through an expert training provider. It will also enable the Centre to widen participation of apprentice learners by enabling enrolment of learners who have potential to develop but who currently do not hold the apprenticeship functional skills requirements. These learners will be able to complete functional skills programmes during the term of their apprenticeship. In summary our rational for sub-contracting means that the Centre carries out delivery for the apprenticeship programme and deliver the full part of the apprenticeship standard however does not have the academic leads to deliver maths and English so the Centre subcontract the maths and English element to a specific college, being a small part of the programme.

2.2 It should be noted that there will be no sub-contracting by the Centre for the content of the apprenticeship programmes. Sub-contracting will be limited to functional skills.

2.3 The content of this policy has been developed in line with the ESFA Funding rules.

2.4 Any subcontracting arrangements will be procured and contracts reviewed annually.

2.5 The policy applies to all subcontracted activity supported with funds supplied by the ESFA, or any successor organisations.

3.0 Due Diligence

3.1 A comprehensive due diligence risk assessment process will be completed for any sub-contractor of the Centre, as part of procurement, covering the organisations policy and practice in key areas such as health and safety, quality assurance, data management, capability of staff, financial standing, equality and diversity.

As part of this due diligence process there will also be a review of ESFA and OFSTED inspections, where the organisation will be expected to meet the minimum expectations these organisations. Their past academic achievements will be reviewed, as will both their ability and willingness to work for the Centre.

This will ensure the Centre is content the sub-contracted organisation is stable and viable. The Centre will be confident in the sustainability of the sub-contracted provision to provide a secure, safe and suitable learning environment which is accessible and local for the learners. 

4.0 Quality of Teaching and Learning

4.1 The quality of the functional skills provision will be monitored and managed through planned quality assurance processes and procedures to enable continuous improvements in the quality of teaching and learning for both the Centre and its subcontractors. This will be achieved through the sharing of effective good practice.

4.2 Visits by the dedicated Centre Quality Lead to the sub-contractor will be made to review quality of the initial assessment and teaching/assessment provision and may include reviewing samples of the learners work, discussions with learners and staff. Visits may also include announced or short notice visits, and will involve observation and assessment of teaching and learning practice and review of documentation e.g. registers, curriculum, lesson plans, progress reviews. This will be done in line with the sub-contracting organisations education guidelines and union rules.

4.3 Quality checks will be proportionate to the risk and volume of the provision and contract and will be undertaken throughout the year at times that are proportionate to the periods in which funding is being claimed.

4.4 Any sub-contracting partner will be required to be an established education organisation which prepares and submits an annual Self-Assessment Report (SAR) and Quality Improvement Plan reflecting the Ofsted Education Inspection Framework. They will be invited to contribute to the Centre SAR also for functional skills.

4.5 There are high expectations for the quality of provision and learner achievements which will be outlined in annually set key performance indicators. Notices to improve may be issued where the quality of provision does not meet requirements and where there are serious concerns recruitment will be suspended.

4.6 Frequent communication with the Centre will occur to ensure the progress of learners is in line with apprenticeship requirements. There will also be quarterly updates and formal annual reviews on the performance and experience of learners will be undertaken.

4.7 The sub-contracting organisation will have business continuity plans to ensure continuation of learning for apprentices.

4.8 Any sub-contractor will develop an innovative and creative curriculum that meets diverse needs of learners, will maintain quality learning environments (physical and online), input timely information onto the management information systems and fully meet ESFA and OFSTED requirements.

4.9 Enhancing and enriching the learner is key to the Centre and any sub-contractor will also support this ethos.

5.0 Learners

5.1 The sub-contracting organisation will ensure that learners are accepted/rejected onto programmes in accordance with the programme criteria and funding rule requirements. Enrolment paperwork and appropriate signing by the organisation and learner will also be adhered to.

5.2 Learners should have a learning agreement at the time of enrolment that reflects the outcome of initial assessment and learning plan, with the mode of delivery, individualised for each learner. This should set out their study programme and any learning support to be provided.

5.3 The organisation will have in place arrangements for assessing the progress of individual learners and be able to review the progress of different cohorts to ensure quality learning is occurring.

5.4 As part of the regular monitoring of the delivery of programmes there will be a learner voice and evaluation (quantitative and qualitative) included. Learner progress and feedback are vital components to the Centre and these will be regularly reviewed with the sub-contractor.

5.5 The safety of learners is paramount. The sub-contractor will have excellent safeguarding in place and will ensure both the safeguarding and prevent agendas are supported through their delivery and all interactions with learners. Learners will feel safe whilst learning with them and will know who to raise concerns with.

6.0 Contract Terms

6.1 Payments terms will be as per the agreed sub contract.

6.2 There will be no management fees retained from ESFA payments for functional skills by the Centre, the fees will be ‘passed on’ to the sub-contractor.

6.3 No broker will be used to find sub-contractors for the Centre.

6.4 No conflicts of interest will exist between the sub-contractor and the Centre.

6.5 The return on investment from a sub-contractor will cover any teaching and learning outside the planned programme to meet individual needs and enable the learner the best chance of completing their maths and English. It will also cover any retake fees required or administration time to support learners in how to access lost certificates.

6.6 There will be no venue hire costs for delivery of functional skills by either organisation. The sub-contracting organisation will be responsible for providing qualified, and supported, staff and premises, however on occasions may wish to use Centre premises to deliver training.

6.7 There will be no other monies that change hand for the provision of this service

6.8 The contract will be overseen by the UHL procurement team and the Centre Governance Committee.

7.0 Visibility and Governance

7.1 Published Information

As required by the Education and Skills Funding Agency, details of sub-contracting activity will be published on the University Hospitals of Leicester website including any cost for management fees. Subcontracting arrangements are outlined in the Subcontractor Declaration Form which is submitted to the ESFA twice an academic year.

7.2 Governance

7.2.1 Sub-contracting governance meetings will occur at least twice annually and the minutes from these will be overseen by the UHL Apprenticeship and Development Centre Governance Committee.

7.2.2. The sub-contractor will be expected to comply with relevant legislation and any statuary responsibilities associated with the delivery of functional skills and all learners will have the correct unique learner number recorded and correct claims with ESFA.

7.2.3 If there is a concern over any irregularities in financial or delivery activities by the sub-contractor the Centre will conduct an investigation. The Centre will report the outcome of the investigation, in writing, to the ESFA within 10 days of the investigation ending.

7.2.4 Copies of sub-contracting returns and audits will be reviewed annually by the UHL Apprenticeship and Development Centre Governance Committee.

Appendix 1 Sub-Contracting Arrangements in Place