The document discusses several major policy changes impacting the education sector in the UK, including guidance on implementing recommendations from Area Reviews of further education colleges, the Apprenticeship Levy being introduced in April 2017, and a proposed new insolvency regime for colleges. It provides an overview of the key implications and risks for education providers, such as extensive due diligence requirements, potential payment delays from employers, and pressure to lower prices. The article emphasizes the importance of strong contractual agreements and due diligence of employers to help providers mitigate risks from the Apprenticeship Levy.
The changing landscape for funding apprenticeships and training naidexThe Pathway Group
The changing landscape for funding apprenticeships and training with a focus on the Health and Social Care Sector originally presented at the Naidex Conference between the 28th – 30th of March 2017. It discusses the changes to apprenticeships including end point assessments and the areas of apprenticeship growth. It goes on to displace to common Myths and goes on to look at the customer suppler relationship.
The changing landscape for funding apprenticeships and training naidexThe Pathway Group
The changing landscape for funding apprenticeships and training with a focus on the Health and Social Care Sector originally presented at the Naidex Conference between the 28th – 30th of March 2017. It discusses the changes to apprenticeships including end point assessments and the areas of apprenticeship growth. It goes on to displace to common Myths and goes on to look at the customer suppler relationship.
The Changing Landscape for Funding Apprenticeships & TrainingThe Pathway Group
This presentation primarily focuses on the Health and Social Care sector.
Information about the apprenticeship reform; including the apprenticeship levy, new apprenticeship standards, and end point assessments.
The future of employer engagement in light of changes in the apprenticeship a...The Pathway Group
The future of employer engagement new apprenticeships, apprenticeships 2000. What you need to know regarding the changes in apprenticeships by Safaraz Ali of Pathway Group
The changing landscape for funding apprenticeships and training naidexThe Pathway Group
The changing landscape for funding apprenticeships and training with a focus on the Health and Social Care Sector originally presented at the Naidex Conference between the 28th – 30th of March 2017. It discusses the changes to apprenticeships including end point assessments and the areas of apprenticeship growth. It goes on to displace to common Myths and goes on to look at the customer suppler relationship.
The changing landscape for funding apprenticeships and training naidexThe Pathway Group
The changing landscape for funding apprenticeships and training with a focus on the Health and Social Care Sector originally presented at the Naidex Conference between the 28th – 30th of March 2017. It discusses the changes to apprenticeships including end point assessments and the areas of apprenticeship growth. It goes on to displace to common Myths and goes on to look at the customer suppler relationship.
The Changing Landscape for Funding Apprenticeships & TrainingThe Pathway Group
This presentation primarily focuses on the Health and Social Care sector.
Information about the apprenticeship reform; including the apprenticeship levy, new apprenticeship standards, and end point assessments.
The future of employer engagement in light of changes in the apprenticeship a...The Pathway Group
The future of employer engagement new apprenticeships, apprenticeships 2000. What you need to know regarding the changes in apprenticeships by Safaraz Ali of Pathway Group
KATE HALLIDAY - DRUG AND ALCOHOL APPRENTICESHIPS AND BEYOND: KEEPING THE WORK...iCAADEvents
This session will look at the latest developments in what may be the greatest change in workforce development - the drug and alcohol worker apprenticeship. With employers designing the standardisation of training for drug and alcohol practitioners we can hope to see an improvement in the provision of services, the retention of staff and the encouragement of new talent to the field. The session will also look at the complexity of providing CPD across the drug and alcohol sector, with each profession having its own demands while needing a consistency of training across the workforce.
AELP Code of Governance for Independent Training Providers (Sep 2018)The Pathway Group
Independent Training Providers (ITPs) provide excellent learning and training experience for learners and apprentices and are a key element of the skills delivery system of this country. They are entrusted with billions of pounds of public funds annually to provide quality services and experiences to students and apprentices. Collectively ITPs deliver most of the UK apprenticeship programme and any individual provider failure damages reputation and trust in the whole programme. Therefore, it is important that we demonstrate the highest standards of governance.
This presentation outlines the key facts on how the Levy is calculated with some practical examples and goes on to look at the payments system for Non-Levy Employers.
Last weeks conference in Birmingham provided some additional news for the audience regarding new funding system when it is launched in April 2017,
Nadhim Zahawi provided some additional information
he stated: “The core offering that we will be launching in April 2017 will effectively be delivering the levy for the two per cent levy payers, while maintaining stability in the rest of the system,”
KATE HALLIDAY - DRUG AND ALCOHOL APPRENTICESHIPS AND BEYOND: KEEPING THE WORK...iCAADEvents
This session will look at the latest developments in what may be the greatest change in workforce development - the drug and alcohol worker apprenticeship. With employers designing the standardisation of training for drug and alcohol practitioners we can hope to see an improvement in the provision of services, the retention of staff and the encouragement of new talent to the field. The session will also look at the complexity of providing CPD across the drug and alcohol sector, with each profession having its own demands while needing a consistency of training across the workforce.
AELP Code of Governance for Independent Training Providers (Sep 2018)The Pathway Group
Independent Training Providers (ITPs) provide excellent learning and training experience for learners and apprentices and are a key element of the skills delivery system of this country. They are entrusted with billions of pounds of public funds annually to provide quality services and experiences to students and apprentices. Collectively ITPs deliver most of the UK apprenticeship programme and any individual provider failure damages reputation and trust in the whole programme. Therefore, it is important that we demonstrate the highest standards of governance.
This presentation outlines the key facts on how the Levy is calculated with some practical examples and goes on to look at the payments system for Non-Levy Employers.
Last weeks conference in Birmingham provided some additional news for the audience regarding new funding system when it is launched in April 2017,
Nadhim Zahawi provided some additional information
he stated: “The core offering that we will be launching in April 2017 will effectively be delivering the levy for the two per cent levy payers, while maintaining stability in the rest of the system,”
17 Ways to Improve Customer Engagement using Emotional IntelligenceTentacle Cloud
Emotional intelligence is the skill to identify emotions of your own and react accordingly to the customers therefore it is greatly different from practical intelligence.Seeing how a customer is answering to the agent will help realize the opinion of a customer about the company itself, while at the same time help in pointing out the inept agents who can be trained further for perfection and agents whom you can remove from the company.
www.tentaclecloud.com/signup.php
An on-line legal resource covering topics such as New subcontracting rules for education providers, Smarter contracting within the sector and Updated guidance on the protection of playing fields
Legal newsletter for the education sector. In this edition we summarise key issues raised in a letter sent to academy trust Chairs by Lord Agnew; highlight a recent decision of the Advertising Standards Authority in relation to unproven claims made by universities in their advertising; take a look at the continuing impact of the Bribery Act on the education sector; and explain a revised Memorandum of Understanding which has been entered into between the Department for Education and the Charity Commission. To kick off, here are a few updates on the GDPR, the Apprenticeship Levy, the college insolvency regime and a recent study which considered the post 16 Area Review process.
The Insurance Act 2015 has introduced the most significant reform to insurance law in over 100 years. The Act impacts all those involved in the insurance sector. In this report we review key markets' response to the Act and outline the practical steps you should have addressed ahead of the Act coming into force.
Visit our hub to access information and resources tailored to brokers: www.brownejacobson.com/brokers
The Changing Landscape for Funding Apprenticeships & TrainingThe Pathway Group
An insight into the changing landscape of funding within apprenticeships and training; this presentation focuses on the HEALTH & SOCIAL CARE SECTOR, in particular.
THE APPRENTICESHIP LEVY: A Guide for Employers & SME'sThe Pathway Group
With the apprenticeship levy being introduced in April 2017, it is somewhat concerning that many employers still do not understand the impact it is going to have on them, and their businesses.
We have put together a booklet outlining all the essential 'need-to-knows', to help employers and training providers prepare for the upcoming changes. As well as information about apprenticeships in general, an FAQ section (answering common questions), and a handy glossary.
Cp1230 FSA consultation paper summary: complaints against the regulatorsCompliance Consultant
This will be of interest to all firms and individuals that will come under the new UK regulators as regulated, registered or authorised.
Background
The FSA are currently required to make arrangements for the “investigation of complaints arising in connection with the exercise of, or failure to exercise, any of its functions (other than its legislative functions)” under the Financial Services and Markets Act 2000 (FSMA).
The latest version of the Financial Services Bill requires the Financial Conduct Authority (FCA), the Prudential Regulation Authority (PRA), and the Bank of England to establish how they will investigate complaints against themselves.
The Bank of England and the Financial Services Authority (FSA) jointly published a 34-page Consultation Paper (CP) 12/30 entitled ‘Complaints against the regulators – (The Bank of England, Financial Conduct Authority and Prudential Regulation Authority)’, on 6 November 2012.
CBIZ Manufacturing & Distribution Quarterly Newsletter – June 2021CBIZ, Inc.
This issue newsletter tackles two of the hottest topics for the Manufacturing & Distribution sectors – supply chain challenges and the newly supercharged employee retention tax credit (ERTC). The article on innovations in employee benefits informs another critical operational issue – that of staffing – as employee benefits are key to recruiting and retaining qualified employees. Articles on managing insurance costs (and links to a pre-renewal data checklist) and how to work with the U.S. Commercial Service to access global markets round out this packed issue. As an added bonus, News from the NAM provides cutting edge industry commentary.
Welcome to the Autumn 2013 edition of the BHW Employment Law Newsletter.
It seems that despite Government rhetoric to leave employment law alone, the Ministers can’t help themselves from dabbling in the area!
We have therefore collated information on the most important changes to help keep you up to date.
Rollits' Planning & Property Development Newsletter Autumn 2019Pat Coyle
Legal newsletter for the planning & property development sector including articles on town & village greens, overage agreements and Permitted Development Rights
Rollits' Agricultural Law Update - July 2019Pat Coyle
Legal newsletter for the agricultural sector including articles on diversification, permitted development rights on agricultural land and Health & Safety law
Rollits Planning Law and Policy Newsletter - February 2019 Pat Coyle
Legal newsletter covering topics such as permitted development rights on agricultural land, Class A permitted development rights, CIL and a planning policy update.
Rollits Regulatory Review - November 2018Pat Coyle
Legal newsletter featuring articles on regulatory law including Director's Duties, the Advertising Standards Authority, GDPR, Food Safety, Manslaughter in the Workplace and H&S Sentencing Guidelines
Rollits Agricultural Law Update July 2018Pat Coyle
Legal newsletter for the Agriculture Sector including articles on permitted development rights available for agricultural buildings, Estate planning for the agricultural sector and a Health and Safety Executive spotlight on the agricultural sector.
Legal newsletter for the Charity, Voluntary and Not-for-Profit Sector with guidance on Automatic disqualification rule changes for trustees and senior managers of charities
Legal newsletter for the Education Sector including articles on the Government response to college insolvency regime technical consultation, Automatic disqualification guidance for governors and senior managers, Keeping Children Safe in Education Statutory Guidance and data protection.
Legal newsletter focussing on employment matters including articles on worker status and the implications of the gig economy and shared parental leave
and grandparental leave.
Legal newsletter for owners, directors and HR professionals with updates on current employment law. In this issue: Also in this issue: The National Minimum Wage / National Living Wage; Family Friendly Rights; Current rates and limits for unfair dismissal and redundancy; pulling a sickie
Legal Newsletter for the construction industry highlighting Collateral Warranties, New JCT 2016 Edition of contracts, apprenticeships and the health & safety revolution
Legal newsletter for charities looking at Charity Commission’s consultation on draft guidance for new warning power, Registers of people with significant control and Brexit – The impact upon charities
Rollits Dispute Resolution Newsletter October 2016 Pat Coyle
Legal newsletter from Rollits LLP including a Sale of Goods update and definitive sentencing guidelines for H&S, corporate manslaughter and food safety
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
1. We are actively working with our clients on
assessing the implications of each of these
and putting plans into action: for the time
being, here are some of our brief initial
thoughts. Turn the pages to read more
on the perspective our sector specialists
have on the apprenticeship levy and the
insolvency regime.
Area Review implementation guidance
Guidance has been issued on the manner
in which the Government would like to see
accepted Area Review recommendations
implemented. There are some useful
questions and checklists contained within
the Guidance and there is a recognition in
the documentation that a proportionate
approach to any given implementation
project will be appropriate. Having said that,
the proposed due diligence framework is
quite extensive.
We are working on a number of
implementation projects, some which started
before the release of the Guidance and some
after, but in many cases the full framework is
in our view too heavy handed.
Due diligence underpins any project
involving structural change, and it is helpful
to see a fuller framework in the sense that
Governors and Senior Leadership Teams can
see what a quite fulsome exercise looks like.
We would, however, recommend that caution
is exercised to ensure that the nature of any
due diligence exercise is such that it seeks
to draw out the issues that really matter and
that are relevant to the stage in the process
that the particular project is at.
It should also not be assumed that
multiple parties to a potential transaction
are seeking information in order to fulfil
the same objectives. For example, in a
typical Type B college merger scenario,
the Governors of the Corporation being
dissolved need to be satisfied that the
Corporation to whom the business and
assets are being transferred is sound
and will be a good home for the future
fulfilment of the dissolving Corporation’s
objects. For the receiving (i.e. continuing)
Corporation, the Governors need to be
content that in accepting an inwards
transfer of the business and assets of the
dissolving Corporation the continuing
Corporation will prosper in the medium-to-
long term and as a minimum survive in the
shorter term. Early engagement with Banks
is important and in many cases providers
should expect that affected Banks will wish
to carry out their own top-up exercise.
Also in this issue
Q&A – Apprenticeship Levy Pitfalls
and Benefits
Is your estate in order?
Implementing the New Fair Deal
for the LGPS – consultation on
proposed changes
A proposal for a College
Insolvency Regime
Ofsted logo clampdown
Risk to Academies of breaching
transparency rules
rollits.com
Autumn 2016
Education Focus
Apprenticeship Levy, Area Reviews and the college insolvency regime: all major issues impacting on the
sector, all becoming increasingly urgent, all awaiting key announcements from the Government – until
now. With the Government effectively re-formed after the initial fall-out from the Brexit vote and a raft of
new Ministers in place, the Secretary of State for Education and the Minister for Apprenticeships and Skills
seemingly wanted to take a moment – or more accurately a few months – to take stock. Not an unreasonable
position, but the timing was not fantastic for providers who are then expected to find a way to help deliver
the Government’s agenda. Over the course of a few days in October, the log jam started to be cleared, with
several hundred pages of guidance and supporting papers being released for Senior Leadership Teams and
Governors to start digesting. Guidance which in light of the AoC’s recent judicial review challenge (since
resolved) the Government is perhaps more conscious than ever it needs to follow.
Continues on page 3…
Just like buses…
2. What do you believe are the most
significant changes coming in May 2017
for employers regarding Apprenticeships?
Tax, but with a chance to get it back
and create an improved workforce at
the same time! The 2015 conservative
manifesto promised to deliver 3 million
apprenticeships over the next 5 years.
That promise will start to bite in April
2017 with the introduction of the
Apprenticeship Levy. UK employers
with a pay bill of £3million plus will be
required to pay a levy of 0.5%. This will be
supplemented by a 10% top up from the
Government with the fund to be used to
pay for training/assessment of apprentices
in England. Where UK employers do
not have an annual pay bill in excess of
£3million or the levy pot is exhausted, the
Government will co-invest 90% of training
and assessment costs.
Who is likely to benefit most from
these changes?
Done right, it should be a win-win for all.
The introduction of the levy will inevitably
result in larger employers taking stock of
their training needs and, in order to ensure
they take advantage of the levy payment,
investing in apprenticeships and training.
This should allow employers the opportunity
to invest for the future in their workforce
and provide the right training for their
employees. The challenge for employers
will however be to ensure that the training
providers they utilise provide good quality
and relevant training for their employees
– which offers a fantastic opportunity for
providers who are on the ball.
What benefits will the Apprenticeship Levy
bring for providers?
New markets have been created by the
levy and, for those providers with strong
links to business communities and who
offer excellent provision, there are great
opportunities to engage with employers
and increase their apprenticeship provision.
The initial proposal to restrict the use of
subcontractors, thereby making it more
difficult for providers to offer a diverse
range of courses appears to have been
relaxed significantly leaving providers with
the ability to offer learning in a wide variety
of areas. However, whilst the levy offers
opportunities for providers, there are a
number of risks to be aware of.
What risks do you envisage providers
will face?
One of the key issues for providers is
going to be the credit risk. Under the
current proposals, employers are not
required to have funds to cover the
full cost of the apprenticeship prior to
engaging the provider. This being the
case, there will always be a risk that the
employer cannot meet all the costs of the
learning provision.
A further risk lies with the integrity
of the digital account into which levy
payments are made and from which the
providers are paid. In the event that
there are problems with the system, this
may impact upon payments being made
correctly and/or in a timely fashion. The
Digital Apprenticeship Service will also
allow employers to stop or suspend
payments if they have an issue with the
service given by the provider. Whilst this
can protect the employer from providers
who are not providing the level of service
which should be expected, this does
raise the question as to what providers
should do if employers withhold money
without legitimate grounds to do so. At
the present time, there does not appear
to be any prescribed dispute resolution
procedure available.
A further concern for providers is in
relation to pricing. There are 15 funding
bands which cap the use of the funds and
Government co-investments. However,
there is no lower limit on the bands with
the result that employers may seek to
push down providers on price. The risk is
that the provider, in order to ensure that
it is awarded the contract for delivery of
learning, is tempted to agree a price
at which learning can only be provided at
the expense of quality and therefore the
reputation of the provider.
Q&A
The Apprenticeship Levy remains a hot topic for the FE sector
with the imminent implementation of the Levy in April 2017.
Caroline Hardcastle, who leads on dispute resolution matters
for the Education Team, looks briefly at some of the benefits
but also the potential pitfalls for providers engaged in the
delivery of apprenticeships.
Apprenticeship Levy Pitfalls
and Benefits
Page 2
Education Focus
Autumn 2016
3. With all these risks facing
providers, is there any way they
can protect themselves?
The key to the provider reducing risk
is to ensure that there is an effective
agreement in place between the provider
and the employer. This can cover what
happens when there are delays in
receiving payments, either due to non
payment by an employer or the failure of
the Digital Apprenticeship Service and
specify a dispute resolution procedure to
resolve issues where the employer stops
or suspends payments. In any event, it is
always advisable for a provider to enter
into a contract with the employer to
ensure that both sides know what their
rights and obligations are. It also allows
providers to limit their liability and to
reduce the risk of an employer putting
the provider in breach of any SFA rules.
Employer agreements currently in place
are in our experience inadequate to
protect against the new risks presented by
the changes coming in 2017.
You have mentioned the importance of an
employer agreement being entered into
but are there any other ways in which a
provider can reduce risks?
What most good providers are doing now
and what they should continue to do is
ensure that there is full and proper due
diligence of the employer. This should
be a thorough exercise, undertaken
for all employers, with the answers
reviewed and followed up where there are
discrepancies. This should not be a simple
tick box exercise. By ensuring a proper due
diligence process is undertaken, the risk of
issues arising over payment will hopefully
be minimised.
It is also essential for providers to be firm
and clear in their negotiations on price
and to make sure the price being offered
is sufficient to cover every element of
work to be undertaken to avoid having to
compromise on quality. Where possible, all
negotiations should be documented in the
event that there is an issue at a later date.
Often due diligence is split into two
parts – an exercise on each stand alone
Corporation and an exercise on the
combined colleges operating under
the continuing Corporation. Where
either exercise uncovers serious issues
there is an opportunity to apply via the
Transaction Unit for support from the
Restructuring Facility. This is distinct from
the Transition Grant available to all who
agree to implement a recommendation
arising from an Area Review, but both
come with strings attached. It is fair to
say that early indications are that the
Transaction Unit is not processing huge
volumes of successful applications at this
stage and we are aware of a number of
potential projects where there is a strong
view that if at all possible a Restructuring
Facility application needs to be avoided –
which all points back to the importance of
due diligence and the associated business
plans which will be based on that exercise.
Apprenticeship Levy
One of the most eagerly awaited set of
publications was the guidance around
the Apprenticeship Levy following the
Government’s consultation on its (already
then overdue) initial guidance issued
earlier this year. The levy brings some
exciting opportunities for providers,
creates new markets and allows much
needed flexibility to support employers in
training their future workforce.
The overall impression is that the
Government has listened to some of the
concerns raised during the consultation
process. Funding has been looked at
again and some transitional arrangements
are being put in place to provide more of
a ramp than a cliff edge. The very clear
attempt to severely curtail subcontracting
has been reigned in for the time being,
with providers now only having to
directly provide some apprenticeships
for an employer where the provider
also wishes to subcontract provision in
respect of that employer’s apprentices
(a move away from subcontracting being
limited to substantially less than half of
each apprenticeship). This clearly does
not mean that the Government has
had a complete u-turn: there is a still a
political feeling that subcontracting is
a bad thing because there have been
enough examples of bad subcontracting.
There does, however, seem to be some
recognition that there are also plenty of
examples of good subcontracting, where
good quality provision has been made
possible by pooling viable numbers
of apprentices and delivering a more
cohesive one stop shop offer to employers
who have some specialist requirements
alongside their mainstream needs.
The Digital Apprenticeship Service is more
“DAS-lite” than what we are being told
will come in the future. Trading of levy
between employers; ATAs being able to
receive a portion of their work providers’
levies; and taking employer contributions
through the DAS rather than directly from
employers are all features that we are
promised in the coming years, with all
employers intended to be using the DAS
by 2020. In the meantime one practical
change which will be welcomed by levy
payers is that levy funds will have a shelf
life of 24 months rather than expiring after
only 18 months.
There is a great deal of concern around
end point assessment. There is currently
a paucity of end point assessors. Given
that the funding band caps include end
point assessment costs, a real worry
is that in a market of assessors where
demand may outstrip supply the price
will go up leaving less money available
for the provision itself. The sector is
working hard to find solutions to this,
and to try to make sure that funds do
not get unnecessarily dispersed. One
solution we are increasingly seeing
proposed is providers coming together
to arrange to deliver assessment services
for each other – either directly or through
grouped arrangements. There will no
doubt be capacity and timing issues to
work through, but solutions such as this
demonstrate the resilience of the sector.
We are on with developing employer,
apprentice, end point assessment and
subcontractor contracts for providers to use
to protect themselves and make the most
of the opportunities the levy brings. This
edition’s Q&A also covers some concerns
which Education Team dispute resolution
specialist Caroline Hardcastle has about
how providers may be exposed to new risks
and how these could be mitigated.
The proposed insolvency regime
Education Team member and corporate
insolvency specialist Richard Field
has brought his wider experience
of insolvency to our analysis of the
Government’s consultation, its response
and the associated Technical and Further
Education Bill. His early thoughts are
set out later in this edition of Education
Focus. The key issue appears to us to be
whether the insolvency regime will (and
whether it should) have an impact on
the attitudes of Banks, LGPS, Governors
and other stakeholders towards further
education corporations.
There is a wide variance in popular
reporting on this topic, with some
seeing the Government’s response as an
indication that it will be willing to “bail
out” colleges in the future (ignoring of
course the impact changing Government
policy has had on colleges in recent years
in particular). It seems to us that it is more
accurate to say that the Government
knows that there is a serious risk that,
if mishandled, the bringing into force
of the proposed regime could have a
very significant and detrimental effect
on college finances. A concern is that
the Banks are taking a more cautious
approach to the sector and so the
Government is in danger of causing the
very destabilisation it is seeking to avoid.
So there is a lot going on, even on the
scale the education sector has become
accustomed to. On the up-side, and
having just returned from this year’s AoC
conference where there seemed to be a
renewed optimism in the air, the can-do
attitude prevalent amongst providers and
their pin sharp focus on improving the
lives of millions of learners gives us all
hope for the future. No sector is better
equipped to manage the threats and
maximise any opportunities that all of
these policy changes might bring.
Tom Morrison
Just like buses…
Continued from cover…
4. Page 4
Education Focus
Autumn 2016
That guidance also does not apply to
transfers from local government (and other
best value authorities), as these are currently
subject to the Best Value Authorities Staff
Transfers (Pensions) Direction 2007 (which
itself broadly reflected the previous Fair
Deal provisions).
After much delay, the Department for
Communities and Local Government
(“DCLG”) has recently published draft
provisions to the Local Government
Pension Scheme (“LGPS”) Regulations
2013. These set out how the New Fair
Deal is to be implemented for central
government bodies such as local authorities
compulsorily transferring staff to a private
sector employer on an outsourcing. As
expected, such transferee employers will,
except in limited cases, be required to enter
into an Admission Agreement to participate
in (and contribute to) the LGPS, removing
the option for the employer to enter into “a
broadly comparable pension scheme.”
However, in contrast to the New Fair Deal
provisions, on a re-tender or subsequent
transfer to another contractor where staff
have already transferred out to a broadly
comparable scheme under existing
provisions, there is to be no requirement
to obtain admission to the LGPS for the
purpose of the new contract.
Other provisions have been introduced to
improve administration, including enabling
a surplus to be paid out to a contractor
by the LGPS fund where at the end of a
contract the cessation valuation shows a
surplus (in similar manner to the existing
provisions where an exit payment is to be
made by an employer where the cessation
valuation shows a deficit). Further, the
draft regulations also allow Admission
Agreements to have retrospective effect,
which should help where transfers to
contractors are negotiated on short notice.
One note of caution – these new provisions
would catch almost all scheme employers,
including small admitted bodies (a large
number of which are charities), thereby
increasing the costs for these bodies
(as bonds and guarantees would need
to be put into place by them under the
Admission Agreement).
The consultation on these draft provisions
closed in August, and DCLG is currently
considering the responses before
finalising the draft regulations. Education
providers who have staff in the LGPS
should take note, particularly on any
contracting-out of employees to private
contractors in the future.
Craig Engleman
In previous editions of Education Focus we reported on the New Fair Deal guidance applies to
staff transferring from public sector pension schemes to private sector contractors as a result of the
outsourcing of services, and the fact that it was not made mandatory for the FE or HE sector.
Implementing the New Fair Deal for the LGPS – consultation on proposed changes
Consider property ownership – if your
organisation has a number of sites, it
would be useful to prepare a schedule
of properties setting out the property
address, whether the property is freehold or
leasehold, the title numbers for the property,
whether the property is charged (and if so
to whom) and whether there are any leases
(and if so to whom). A list of any rights,
covenants, options, overage provisions and
other documentation could also be entered
onto the Schedule.
Locate the title deeds – you should
ensure that the location of any title deeds
for each property, including the lease for
any leasehold property, is known. If the
location of the title deeds is unknown,
make enquiries with your (current and any
previous) solicitors and any lender to locate
the deeds.
Register any unregistered land – the
Land Registry currently has a considerable
backlog and first registration applications
are taking in excess of one year. It is
therefore advisable to voluntarily register
any unregistered land, and deal with any
title issues, now so that problems do not
arise when any future charges are granted
or transfers are entered into. This will also
enable any future transactions to be dealt
with quicker and more cost effectively.
Check extent of registered titles – it
should be ensured that the whole
extent of each property owned by the
organisation is registered and that the
actual boundaries of each property match
the boundaries of the title plans for the
property and adjoin the public highway.
A search of the index map can be carried
out to ensure that the whole extent of each
property is registered. Any discrepancies
can then be dealt with.
Deal with any title issues – any known
title issues or disputes should be dealt with
expeditiously so that any issues do not delay
any future transactions.
Formalise any informal arrangements
– any informal rights, covenants or
occupational arrangements should be
formalised in writing to ensure such
arrangements are valid and registered
against the title to the property (if
appropriate). This will reduce the likelihood
of any future disputes regarding the nature
and extent of any informal arrangements.
If you are able to carry out all, or even
some, of the above exercises then when it
comes to potentially urgent transactions
you will be in much better shape to be able
to maximise any opportunities which may
present themselves in the future.
Libby Clarkson
In the current climate there has never been a more pertinent time to ensure that your Estate is in order.
In further and higher education, providers are seeking funding from commercial lenders more than ever
before and the nationwide programme of Area Reviews has provided an opportunity to revisit each
college’s estates strategy. We have set out below a list of proactive steps which should be undertaken
and issues considered to ensure that your organisation’s Estate is in good order to enable any future
dealings with it to be dealt with quickly and efficiently.
Is your estate in order?
5. Page 5
Education Focus
Autumn 2016
Colleges are self evidently large and
increasingly complex businesses. Although
there is a commitment to funding the sector,
the way it is funded is changing and with
that change comes uncertainty – all in the
context of a sector where a very significant
proportion of colleges were in deficit last
year. The Government’s programme of Area
Reviews was launched across England with
the aim of ensuring ‘high quality, sustainable
provision capable of meeting the future
needs of leavers and employees’. It is hoped
that one of the results of the Reviews will be
to reduce the possibility of financial failure in
the future.
So that begs the question, if the Area
Review programme is successful in this
objective why is a new insolvency regime
needed? What happens at the moment
and why is change needed?
Exceptional Financial Support has in the
past been used to help colleges in financial
difficulty, and with that comes other forms
of “support” involving a process which
may result in significant changes within
a college. Sometimes colleges (as with
many other types of businesses) have had
structural issues such that a merger is a
potential solution, but finding a merger
partner can be difficult because a failing
college is perhaps inherently so unattractive
such that no prudent college would risk
a merger unless there was something in
it for them. There have been examples
where the deal has been sweetened by
the Government to enable a successful
transaction, but there have been some
prominent examples where nobody wanted
to do the deal on offer. The plain fact is that
a bad deal is a bad deal whether or not it
is done under the current regime or, in the
future, with an insolvency practitioner.
If a formal insolvency process is to be
introduced in the sector, legislative
change is needed as there is uncertainty
about whether the current insolvency
legislation has current application. Any
changes would require both primary and
secondary legislation.
The reasons given for the new proposals
by BIS are:
• an orderly process which protects creditors;
• protection of learners;
• retention of independence and
freedoms for colleges whilst removing
the expectation of additional public
funding; and
• support for local and national education
and training needs.
The sixty four thousand dollar question
(if only it were so little) is whether the
proposed new regime will do this any more
efficiently than the current regime.
So what is the new proposed regime?
The proposals are similar to those that
apply to companies under the Insolvency
Act 1986. The regime includes Company
Voluntary Arrangement, Administration,
Compulsory Liquidation and Creditors’
Voluntary Liquidation. But, most
importantly and, in addition, a Special
Administration Regime (“SAR”). This
would be triggered if a college becomes
insolvent and the Secretary of State
deems it appropriate to apply for a SAR to
protect learning provision. A SAR has some
overtones of a Trust Special Administrator
in the Health Sector who is appointed if
the Secretary of State considers it to be
‘appropriate in the interests of healthcare’.
So will the new regime change anything
in the FE sector. It could, but there may
also be unintended consequences on
bank funding, the costs of ‘rescue’ and the
willingness of individuals to become or
remain governors – to name just a few. The
insolvency specialists within our Education
Team are currently assessing the impact of
the draft Bill currently going through the
Houses of Parliament and, if enacted, what
the effect could be on the behaviour of a
range of stakeholders. In the next edition of
Education Focus we will analyse the process
and the possible impacts in greater detail.
Richard Field
Earlier this year BIS published a Consultation on developing an insolvency regime for the sector. Last week
in Parliament, Robert Halfon, the Minister for Apprenticeships and Skills said, “We have a moral duty to
students that money is spent on learning and a responsibility to deliver value for money to tax payers.”. He
went on to say that the Bill “will also encourage prudent borrowing and lending, making sure that money
that would otherwise be spent servicing the debt will be invested in high quality education and training.”
A proposal for a College Insolvency Regime
Ofsted hit the headlines
recently when it threatened
to bring legal action against a
number of education providers
for their unauthorised use of
the Ofsted logo.
Although it may initially seem strange to
group it with marketing heavyweights such
as Coca Cola, Apple and McDonalds, there
can be no denying that Ofsted is another
famous brand known throughout the
UK. And, just like those aforementioned
heavyweights, Ofsted has taken steps to
protect its brand by registering its name as
a trade mark and asserting its ownership of
the copyright in the various incarnations of
its logo.
Under Ofsted’s logo terms of use, there are
only very limited circumstances where third
parties may reproduce the logo. Education
providers who are awarded an overall
judgement of ‘Outstanding’ are permitted
to use Ofsted’s ‘Outstanding Provider’ logo
on stationery and signage but otherwise
the terms of use are quite prohibitive (and
specifically state that there is no logo
available for ‘Good’ providers to use).
However, it has been known for education
providers to adapt Ofsted’s existing
logo into a ‘Good Provider’ logo for
promotional purposes. This came to
a head recently when Ofsted wrote to
several providers informing them that such
actions were an infringement of Ofsted’s
intellectual property rights and threatening
legal action unless the offending logos
were removed (which would result in
expense for the provider).
Ofsted’s approach has been criticised and
it is believed that it is reviewing its logo
policies internally before taking any further
action. That said, although the vast majority
of education providers concerned will likely
have adapted the Ofsted logo without
any malicious intent, the case serves as a
poignant reminder for providers to ensure
they have obtained appropriate the consent
before reproducing any third party trade
marks or copyright works, however well
meaning their intentions.
James Peel
Ofsted logo
clampdown
6. Page 6
Education Focus
Autumn 2016
Following this, BBC England’s data unit
selected 100 academies across England
at random and found 19 of them had not
published the required current Register of
Interests for governors and members on their
school or trust websites. The BBC’s report
said “education campaigners” alleged a
“culture of secrecy” around some academies.
It is reported that the DfE is investigating the
academies which apparently did not comply.
A DfE spokesperson was quoted as saying
that “…this system of financial oversight and
accountability is more transparent and more
robust than for council-run schools. We take
any breaches seriously and where trusts are
found to be flouting the rules, we will not
hesitate to take action.”
Again, this emphasises the need for all
academies to ensure that they maintain and
publish Registers of Interests. The Registers
must be kept up to date and governors and
members should be periodically asked to
review their entries. Adequate procedures
must also be put in place to identify and
effectively manage conflicts of interest and
to ensure that the Academies Financial
Handbook is complied with.
As above, the DfE takes the failure of
academies to identify and effectively
manage conflicts very seriously because
it goes to the heart of public trust and
confidence in academies. The BBC also
quoted Russell Hobby, general secretary of
the National Association of Head Teachers
as saying “…Education, is now a high
stakes and highly scrutinised business. It is
important that schools lead by example, and
demonstrate a gold-standard approach to
financial matters.”
It is a legal requirement for conflicts of
interest to be effectively managed and failure
to do so can have serious consequences
not only for trustees personally in respect of
breach of company and charity law, but also
in academy trusts and multi-academy trusts’
relationships with the EFA.
The DfE has also announced that it is
proceeding with the termination of DAT’s
funding agreement after the academy chain
refused to cede to the DfE’s demand to
sever links with Sir Greg Martin. The DfE has
issued a notice of intention to terminate its
agreement, claiming that DAT has failed to
comply with 6 of 8 requirements set out in
the termination warning notice. DAT has said
that it intends to challenge any termination
in court. The termination gives DAT one
year’s notice, after which the DfE can either
find a new sponsor or close the school.
Irrespective of the final outcome, a great
deal is at stake in terms of reputation and
students’ education.
We advise all academies to provide
adequate training to their trustees and
members, to keep records of this and, in
particular, to make new trustees aware of
their legal duties to be transparent, declare
interests, manage conflicts and ensure
compliance with the requirements of the
Academies Financial Handbook.
Gerry Morrison
In the previous edition of Education Focus we reported that the EFA
had issued a pre-termination warning to Durand Academy Trust (DAT).
The warning was issued because of concerns about the structure of
DAT and potential conflicts of interest in respect of its relationship
with other organisations. The EFA was also demanding that DAT sever
its links with its Chair of Governors and former Executive Head, Sir
Greg Martin, who was criticised by MPs after it transpired he was paid
more than £400,000 in salary from DAT and management fees from a
related-party organisation.
Risk to academies
of breaching transparency rules
We were delighted when Legal 500
published its latest law firm rankings last
month. The work which Rollits’ Education
Team has carried out in partnership with
our education sector clients over the past
year has been recognised and rated by the
independent editors, with their resulting
report that ‘Rollits is noted for its “impressive
sector knowledge”. The Team is led by the
“insightful” Tom Morrison, who handles
strategic and commercial issues, and includes
the “excellent” Caroline Hardcastle, who
is highly experienced in dispute resolution
matters.’ Our work is a genuine team effort
– a team comprising all of the impassioned
lawyers whose pictures you can see in every
edition of Education Focus and the scores
of dedicated and talented individuals
working at the providers to whom we have
the privilege of being advisors. We are
immensely proud of the work of our clients
and grateful for their continued support.
Information
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in this newsletter, or any education matters
in general please contact Tom Morrison on
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