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The Importance of Reading Contracts

In our experience too many providers either:

  • Read and sign their apprenticeship contract with the DfE/ESFA without sharing important content with key staff; or
  • Just sign it without reading it

It’s no surprise, therefore, that we overlook one or two key contractual clauses which should be reflected in our policies, processes and practices.

Examples of the above include:

Safeguarding

Training Providers who refer a safeguarding concern or an allegation of abuse to local authority children’s social care / adult social care and/or the police, the must inform the Department within 24 hours of making the report.

Fraud and Irregularity

Training providers will notify in writing the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of training or End Point Assessment.

The examples given by the ESFA include fraud involving employers, subcontractors, awarding organisations and EPAOs.  Importantly, there is also a requirement to report inaccurate, incomplete, misleading or falsified information in the monthly funding claim.

Ofsted Inspection

Training Providers must notify the Department in writing of the date of the meeting at which OFSTED will give feedback on the inspection and allow the Department’s nominated representative to attend the meeting.

The Training Provider must confirm to the Department in writing the outcome of the inspection within 5 Working Days of receiving the feedback from OFSTED.

Data Breaches

Training Providers must immediately notify in writing the Department of any breach of security in relation to Confidential Information and all data obtained in the course of the Training and must keep a record of such breaches.

Other General Reporting Requirements

Training providers must notify the Depratment of any events or circumstance which:

  • lead to the death or serious injury of any Apprentice;
  • relate to any serious criminal offence committed by a senior individual in the Training Provider’s organisation or any individual involved in the delivery of Training;
  • result in the provider or a related third party being subject to remedial and/or enforcement action by an Awarding Organisation.

The above is a summary of most of the important points which require reporting but there are others – it may come round every 12 months but it’s important to read the contract and ensure familiarity with your obligations.