Community Learning MK – Adult Learning

Children and Families

Education, Effectiveness and Participation

Policy & Guidelines

Sub-Contracting Provision

Claire Griffin

Principal – Community Learning MK

Created: Nov. 2002 reviewed: Jan. 2005; December 2007; August 2010, August 2011, Sept 12, July 13, July 2014

Review: August 2015

Background

The Community Learning MK – Adult Learning mission is to provide excellent learning opportunities to adults and young people who live in Milton Keynes which support them to achieve their full potential.

This mission is underpinned by the following principles:

  • All education regardless of its recreational, social or vocational nature is life enhancing
  • Everyone should have access to learning opportunities which match their needs and aspirations and which promote equality and diversity
  • Partnership working is essential to promote the value of learning and to provide progression pathways
  • Everyone is different Everyone isextraordinary
Policy

By commissioning adult learning opportunities Milton Keynes Council seeks to establish a shared understanding and common principles as set out in the Framework for Commissioning the Third Sector. The Council seeks to ensure that everyone in Milton Keynes achieves their full potential and have excellent opportunities to access training to improve skills.

Adult learning creates and maintains a more skilled and knowledgeable workforce, it also promotes personal and community development and a just, inclusive and democratic society. CLMK Adult Learning works to secure high-quality education that is responsive to the diversity and complexity of adults’ needs and aspirations as learners.

Guidelines

The provision must:

  1. Maximise access to community learning for adults, bringing new opportunities and improving lives, whatever people’s circumstances
  1. Promote social renewal by bringing communities together to experience the joy of learning and the pride that comes with achievement
  1. Maximise the impact of community learning on the social and economic well-being of individuals, families and communities

Excerpt from SFA Funding Rules V3 July 2012

There are three types of provision to be commissioned: Learner Responsive, Community Learning and Neighbourhood Learning in Deprived Communities. Providers can submit one quotation document to cover either all or selected types of provision. Providers do not have to bid for more than one type of provision.

All learners must meet the Skills Funding Agency (SFA) or Education Funding Agency (EFA) eligibility requirements according to the SFA Funding Rules 2014/15

The three types of provision are:

1 Learner Responsive Definition

This is provision which is:

  • For learners of any age, who were 16yrs old on 31.8.14
  • Accredited by a recognised Awarding Body
  • Funded by the Skills Funding Agency or Education Funding Agency
  • Included on LARS (Learning Aim Reference Service) as a fundable learning aim for either/both 16-18yrs and 19yrs+
  • May be co-funded by those learners who are 19yrs and above who do not meet the SFA fully funded criteria
  • Promotes progression and employability and personal skills development

Learners eligible for LR fully funded provision (and pay no fee) must produce evidence of their entitlement dated within three months of their enrolment orsign the declaration proforma that they receive/are:

  • Over 16yrs and under 19yrs on 31st August 2014 (these learners can only study full/whole qualifications, unless engaged in a Traineeship)
  • Job Seeker’s Allowance*
  • Employment and Support Allowance (Work Related Group)
  • Unemployed in receipt of income-based benefit and believe the course will help them find employment
  • Offenders released on temporary licence
  • Unemployed and household income less than £20k a year (NB full funding is not automatic, but low-income learners who are seeking work may apply for learning support to cover tuition costs)

* Including National Insurance contribution only

2 Community Learning Definition

The SFA definition:

Community Learning is learning for personal and community development, cultural development, intellectual or creative stimulation and for enjoyment. In most cases there would be no formal qualification outcome attached to such learning.

This is provision which is:

  • For learners of any age, who were 19yrs old on 31.8.14
  • Not accredited (learners do not take an exam or follow a continuous assessment process verified by an Awarding Body)
  • Continuously assessed using Recognition and Recording of Progress and Achievement in non-accredited learning (RARPA) documentation
  • Usually co-funded by the learners i.e.
  • Fee paying and where learners eligible for concessionary fees pay reduced fees
  • Designed to promote progression, employability or personal skills development

Learners eligible for CL concessionary fees (and pay a fee reduced by c20%) must produce evidence of their entitlement dated within three months of their enrolment and receive/are:

  • Job Seeker’s Allowance
  • Aged 65yrs or over
  • Carer’s Allowance
  • Council Tax Benefit
  • Disability Allowance/Personal Independence Payment
  • Housing Benefit
  • Incapacity Benefit / ESA
  • Income Support
  • Pension Guarantee Credit
  • Offender released on temporary licence
  • Universal Credit
  • Unwaged dependant of someone claiming one of the above

3 Neighbourhood Learning in Deprived Communities (NLDC) Definition

This is provision which is:

  • Delivered to learners who are disadvantaged by their personal circumstances and/or the Index of Multiple Disadvantage (IMD) rating of their residence.
  • Living in an area of regeneration and/or high unemployment
  • For learners of any age, who were 19yrs old on 31.8.14
  • Can be accredited or non-accredited
  • Is free to the learner
  • Promotes progression and employability and personal skills development

The provision will be funded as follows:

1 Learner Responsive Funding

1.1This funding is formula funded according to the following variables:

  • 16-18yrs or 19yrs+
  • Fully funded or co-funded
  • Rates Matrix x disadvantage uplift x area cost uplift

1.2Wherever possible the provider will be independently approved by the Awarding Body(ies) and be fully responsible for the registration and certification of the learners. Where CLMK is responsible for the registration and certification of the learners a deduction of funding of approx £100 per learner will be applied.

1.3The base (unweighted rate) of LR funding payable is as follows and is based on the credit value. This is an approximation for providers’ consideration and does not constitute a formal offer of funding.

Awards / Credit Value (£)
1 / 43
2 / 85
3 - 5 / 128
6 – 8 / 255
9 – 11 / 383
12 / 510
13 – 24 / 615
25 – 36 / 1075

Most learners who are studying Awards will need to undertake qualifications with a credit value of 3 and above. The exceptions to this are unemployed learners, learners with learning difficulties and disabilities and those studying stand alone qualifications in First Aid at Work, Food Hygiene and Health and Safety.

1.4The provider will retain all fees charged to learners.

1.516-18yrs and Fully Funded 19yrs+ learners must not be charged any fee for their learning; this means they must not pay a tuition fee, administration fee, examination registration or certification or any other feet for their course. 16-18yrs and 19yrs+ learners may be entitled to Discretionary Learner Fund financial support for materials and child care.

2 Community Learning Funding

2.1The funding payment is £5.00 an hour for learners who have not studied with ACE during the current Academic year; they are new learners for 2014/15. There is no funding payment for learners who have already attended an ACE course in 2014/15, the funding payment for ‘previous’ learners is therefore £0.

2.2All learners must be charged a fee which is a minimum of £5 an hour. Concessionary learners would pay a reduced fee set by the provider but which usually represents a 20% reduction on the total fee.

3 NLDC Funding

3.1The funding payment is £12 an hour per learner.The funding is targeted at adults who are returning to study and only payable for adults who have not studied with CLMK in the past three years i.e. since 2011. Learners who have studied with CLMK since 2011 will not be funded.

3.2 The funding includes the cost of crèche facilities. Where a crèche is not provided the payment per hour is £10.00 per learner.

3.3Learners must not be charged any payment for their learning.

All courses must exceed 6 hrs tutor contact time.

There are no minimum learner numbers however all courses will be subject to a financial viability check by ACE before the commencement of the course.

Providers are requested to provide the following information:

Aims of your proposed courses:

Providers must describe:

  • How the provision will provide Value for Money?
  • How the provision will help to meet Council priorities, see
  • Whether the course is offer targeted at disadvantaged groups and/or regeneration areas?
  • Whether for fee paying Community Learning provision does the course offer include targeting of disadvantaged groups?

Delivery of your courses:

  • Please clearly describe how learners’ skills will be developed
  • Describe the course offer and include: clear aims, course structure with timed learning goals, initial assessment, progress monitoring, summative assessment and regular reviews with the learners.
  • Ensure that you clearly describe how learners with particular needs will be identified and supported as necessary.
  • Please include your Scheme of Work

Measuring Quality:

  • Please describe how the provision will meet the CLMK Quality Improvement Strategy requirements with particular regard to tutor Continuous Professional Development and the use of Observation of Teaching and Learning and Learner Feedback to improve the quality of the learning experience.
  • Describe your experience in delivering high-quality provision.
  • Describe any experience you have in delivering provision with a minimum success rate of 80% (retention % x achievement % = success rate)

Promoting Equality and Diversity:

  • Please describe how your provision will support the Council’s Comprehensive Equality Scheme by describing how barriers to attendance and achievement will be tackled and how the promotion of equality and diversity will be embedded in all curriculum development and learning opportunities.

Delivery Guarantees:

  • How do you know that your course will attract learners? Please describe how feasible your proposal and how realistic the learner targets are based on your needs analysis and/or research.
  • Please describe how risks to non-delivery are recognised and what mitigating actions would you have in place?

Environmental Considerations:

  • Please describe how the course offer seeks to promote excellent practice in issues like waste management, energy use and resource management.

Community Learning MK – Adult Learning

Sub-contracting Terms and Conditions

These are the Terms and Conditions of your sub-contracting agreement. On signature of the Award notice you are agreeing that you have read, understood and will meet all of the requirements detailed below.

Milton Keynes Council, Community Learning MK – Adult Learning

By commissioning adult learning opportunities Milton Keynes Council seeks to establish a shared understanding and common principles as set out in the Framework for Commissioning the Third Sector. The Council seeks to ensure that everyone in Milton Keynes achieves their full potential and has excellent opportunities to access training to improve skills.

Adult learning creates and maintains a more skilled and knowledgeable workforce, it also promotes personal and community development and a just, inclusive and democratic society. Community Learning MK works to secure high-quality education that is responsive to the diversity and complexity of adults’ needs and aspirations as learners.

DELIVERING THE ADULT LEARNING PROVISION

1.Assuring Quality

1.1CLMK seeks to provide outstanding provision. All sub-contracted courses are subject to the CLMK – Adult Learning Quality Improvement Strategy which includes a requirement for tutors to be observed during teaching sessions. Observations check that effective learning is taking place, this involves evaluating the quality and level of learners’ work and whether or not learners are being challenged and making good progress in developing their skills. It also includes assessing how well learners’ progress is being driven by Specific Measurable Achievable Relevant Timely (“SMART”) targets, how progress is being monitored and how feedback is used to inform both the learner and tutor in the design and delivery of each learner’s programme.

1.2All sub-contractors will comply with Community Learning MK – Adult Learning Observation of Teaching and Learning protocol requirement that all tutors are observed by CLMK or the sub-contractor on at least one occasion during the contracted provision and that a suitable Action Plan is implemented which challenges the tutor to become an outstanding practitioner. The first observation of all tutors where possible will be a ‘peer’ observation where CLMK staff are joined by a sub-contractor’s representative who is responsible for quality improvement. For established tutors; where sub-contractorstaff are suitably qualified and experienced they may be asked to carry out observations on behalf of CLMK. All observations will be moderated by CLMK.

2.Continuous Professional Development (CPD)

2.1Sub-contractor staff are required to attend an induction session with CLMK staff to ensure that their delivery meets the funding criteria and that all paperwork requirements are met in full.

2.2All tutors are required to meet the Institute for Learning CPD requirements regardless of their membership status. Depending upon their annual tutoring hours the minimum CPD undertaken in one year is 6 hours.

3.Complaints

The sub-contractor will immediately inform CLMK upon receiving a complaint. The complaint will be dealt with using the Milton Keynes Council Complaints, Comments and Compliments Guidelines.

4.CRB

4.1Where the provision is specifically designed for a vulnerable group then all sub-contractor tutors must have Disclosure and Barring Service (DBS) certificates(aka CRB certificates), which are to be renewed every 3 years. If the course is open to the public and a vulnerable person applies a DBS certificate is not required. For this purpose a vulnerable person is defined as an adult with learning difficulties or young people/children below 18 years of age.

4.2The sub-contractor shall, whenever required, produce to the Council evidence that DBS/CRB checks have been carried out on any individual employee.

4.3The sub-contractorcan rely on a DSB/CRB check obtained by staff from previous or existing employment with another employer and must retain a copy of that certificate.

4.4The Council shall not be liable for any expenses incurred in obtaining DSB/CRB checks or any other disclosure, nor for any other associated expenses incurred by the sub-contractor.

5.Other Policies

5.1Sub-contractors must promote the welfare and safety of their learners and meet the requirements detailed in the policies supplied as part of the tendering process namely their:

  • Safeguarding Policy
  • Bullying and Harassment Policy
  • Safe and appropriate use of IT Policy
  • Health and Safety Policy

Please also see Appendix 1- Incidence reporting and Health & Safety

6.Data Protection

The sub-contractor will meet all Data Protection requirements as described on the CLMK enrolment form and support learners to read and understand the statement as necessary.

Please see Appendix 2 - Retention of Documents

7.Equality and Diversity

7.1The sub-contractor will promote equality and diversity through all activities including publicity/outreach, enrolment, teaching and learning and the provision of information, advice and guidance on progression opportunities. The provision must ensure that all learners have the same opportunity to succeed and support the Council’s Comprehensive Equality Scheme which has the following principle:

7.2The Council serves a diverse community, where people from a range of backgrounds and experiences enhance the life and development of residents within the ‘Borough’.

7.3The Council will:

Deliver equitable services by:

  • Assessing the impact of our policies, projects and plans and making
    reasonable adjustments
  • Removing barriers, making services accessible to local people and
    communities
  • Improving engagement with local people and stakeholders

Shape the development of the Borough by:

  • Understanding the needs and preferences of local people
  • Advancing equality of opportunity for individuals and families
  • Fostering good community relations, where everyone is treated with
    respect

Build a diverse workforce and an equipped Council membership by:

  • Adopting policies and practices that make best use of the differing skills
    and talents of individuals and create a harassment free environment
  • Ensuring the Council workforce is proportionately reflective of the ever
    changing community and compares well with other Councils
  • Creating tools and products that support members to have due regard
    to equality

8.Evidence of learner progress

Each learner will use the CLMK Learning Plan and Record of Achievement and training can be provided to sub-contractor staff in its use. This document supports the tutors and learners to negotiate and record SMART learning targets and measures and records the progress of skills development.

9.Health and Safety

The sub-contractor must comply with all relevant Health and Safety legislation and shall take all reasonable steps to ensure that learners are safe. Sub-contractors must be able to evidence that reasonable measures to control and minimise any identified risk are in place. The learning environment must be safe, clean, fully accessible, comfortable and appropriate for adult learners. Any incident involving a learner must be reported to CLMK immediately.

10.Third Party Rights

No person who is not a Party to this Contract shall have any right to enforce any term of the Contract, which expressly or by implication, confers a benefit on him without the prior Contract in writing of both Parties, which Contract should specifically refer to this Clause. This Clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to the Contracts (Rights of ThirdParties) Act 1999.

11.Learner support and welfare

The sub-contractor will ensure that all learners access CLMK support as necessary for example: Discretionary Learner Support Funds, additional support for English and mathematics, dyslexia assessments and recommendations and adaptive resources as necessary.