The policy applies to all supply chain activity for the “provision of subcontracting” i.e. subcontracting delivery of 16-25 SEND HNS programmes.
York Learning reserves the right to amend its subcontracting arrangements at any time in accordance with the terms and conditions contained in its standard contract for subcontracted provision.
The policy is now a mandatory requirement that must be in place prior to participating in any subcontracting activity. The content of this policy has been developed in line with ESFA Funding rules.
York Learning enters in to subcontracted arrangements to address the needs of and support the local offer.
- York Learning will at all times undertake fair procurement activities, conducting robust due diligence procedures on potential subcontractors to ensure compliance with the ESFA subcontracting guidelines and to ensure the highest quality of learning delivery is made available, demonstrating value for money and a positive impact on learner lives.
- The funding that is retained by York Learning will be related to the costs of the services provided. These services, and the levels of funding being retained for them, will be clearly documented and agreed by all parties. The rates of such retained funding will be commercially viable for both York Learning and the sub-contractor.
- Contract documents will require both parties to agree that the achievements of supply chains are attained through adherence to both the letter and spirit of contracts or partnerships. Signatories therefore commit that all discussions, communications, negotiations and actions undertaken to build, maintain and develop supply chains will be conducted in good faith in accordance with the overarching principle.
- Payments may be recovered from the sub-contractor if York Learning does not receive funding from the ESFA or relevant funding body.
- Subcontractors are required to submit invoices as payments will be made upon actual income generated and recorded in York Learning’s ILR. Invoices must have a Purchase Order number, without which they cannot be paid.
- Payments will be made within 30 days of invoice submission.
York Learning will ensure that the subcontractor:
- is made aware of the clear lines of responsibility and understands the consequences of any breach of contract
- delivers a high quality service;
- will not further subcontract provision to other colleges or training organisations;
- employs experienced staff to deliver to learners
- complies with York Learning’s policies and procedures; complies with the law e.g. Health and Safety, Data Protection, Equally and Diversity, Human Rights;
- has been risk assessed (including risk assessed for each change in contract).
Subcontracted activity is part of York Learning’s provision and as such, the quality of the provision will be monitored and managed through their QA processes and procedures which fully encompass all subcontracted activity.
This Policy positions subcontracted provision as a core part of York Learning activity to enable continuous improvements in the quality of teaching, learning and assessment for both York Learning and its subcontractors. This will be achieved through the sharing of effective practice across the supply chain for example, through the Self-Assessment Report process and partnership meetings.
Subcontractors will be included in York Learning’s internal audit process and will participate in:
- Safeguarding learners
- Equality and Diversity
- Regular quality assurance checks
- Short notice audit visits
- Observation of teaching and learning
- Learner satisfaction surveys
This policy will be reviewed annually, updated as required and published on York Learning’s website. Potential subcontractors will be directed to it as the starting point in any relationship.
Fees and charges 2019/20
York Learning’s typical management fee is standard set fee per learner.
Support for each subcontractor will vary, depending on their contract, needs and requirements. Each contractor receives a Quality Assurance Schedule detailing the management support that will take place over the coming academic year. The following list is the support we offer to all our subcontractors as minimum and is neither prescriptive nor exhaustive:
- access to a range of electronic tools to help monitor student progress and development
- help with completion of due diligence
- help with development of and application of quality management systems
- conduct dual observations and feedback on outcomes
- access to any paperwork that is deemed beneficial to improve the quality of the provision
- information and advice disseminated to them that would share best practice on contract delivery and assessment
- certification and registration with awarding bodies
- advice on management information services and data control
- audit of management systems
- support and audit of learner paperwork
Responsibilities and Duties
The Head of Service for York Learning has responsibility for ensuring that the Subcontracting Fees and Charges Policy is reviewed annually and that subcontracting procedures and other such documents comply with, and are implemented in line with ESFA requirements and best practice.