Lifelong Learning supply chain fees and charges policy 2023-24

The reason for subcontracting

As part of the council’s community learning offer, funded by the Liverpool City Region Combined Authority (LCR CA), some Neighbourhood Learning in Deprived Communities provision is subcontracted. Provision is subcontracted to assist with learner engagement, utilising Third Sector established community links, and to support community wealth building.

Neighbourhood Learning (NLIDC)

Provides added value to the courses delivered by the service, whilst taking care not to duplicate or replace other adult learning provision in Wirral. It is targeted to reach groups of people who are not already accessing adult learning and to provide additional courses in new and specialist areas.

The priority recipients of Neighbourhood Learning are Voluntary and Community (‘Third Sector’) organisations, which engage in direct delivery of adult learning in their local areas, in partnership with ourselves. They provide effective learning and through their community, are able to reach and retain harder to reach learners.

In 2023 to 2024 the service has sought the expertise of providers operating in Wirral deprived communities that can deliver (a) non-accredited entry level courses or (b) accredited low level follow on learning.

What does Neighbourhood Learning aim to achieve?

  • to contribute to local priorities for adult community learning
  • to develop community learning through partnership working
  • to improve local areas through encouraging local people to participate more in their communities and build on their community strengths
  • to broaden and improve the quality of the learning provider base, particularly voluntary and community
  • to deliver innovative first steps towards employment, volunteering, further learning and personal development to our Learner Target Groups

The priority aim is to build local capacity to supply effective learning to ‘hard to reach’ learners and to support them to progress positively.

Projects are funded entirely for Wirral learners aged 19+ years in line with national and local priorities.

Specific target groups are:

  • individuals and families with the most disadvantage
  • residents of deprived areas
  • vulnerable groups, including people who are socially isolated
  • people with disabilities
  • BME groups
  • people who are unemployed or in low paid work particularly those with additional needs
  • adults with low level skills not able to access other provision
  • people with no quals at Level 2
  • people trained as volunteers to encourage and support others to learn
  • people with mental health conditions who are looking to progress and develop coping skills with a longer term aim of employability

Registration of our subcontractor providers

Providers must be registered with the UK register of learning providers, and supply the council with a UK provider reference number.

Staff qualifications

Teaching staff must have an appropriate adult teaching qualification, that is, Cert Ed, PTTLS, DTTLLS, or equivalent.

Marketing and promotion of activities

Providers must demonstrate how they will actively go out into their communities to reach the specific groups of learners for their project(s).

Ways of working with subcontractors - recharging (fees to manage subcontractors)

The service is committed to the development and delivery of high-quality learning programmes that meet both the needs of our residents and local employers. The service is keen to improve progression pathways between us and subcontractors and will seek to provide a structure in which to share good practice between all subcontractors. 

By working together to create packages of skills developments, both the service and its subcontractors can ensure continued improvement in teaching and learning, with opportunities to progress to higher level courses or employment opportunities. Shared staff development opportunities which will enable professional updating for staff, will further support improvements in the quality of teaching and learning for the service and its subcontractors.

The subcontractor will deliver a high-quality service and only employ qualified and experienced staff to deliver the provision. The subcontractor will comply with the service’s policies and procedures, including those relating to health and safety, data protection, equality and diversity and safeguarding. An audit process will be ongoing throughout the period of the contract to ensure the subcontractor’s compliance and participation in:

  • safeguarding learners
  • equality and diversity
  • quality assurance
  • observations of teaching and learning
  • learner satisfaction surveys

The council will impose a management fee (up to 20%) for skills-based provisions only – formal accredited learning – subject to the national adult education budget formula funding rates. 

No fees will be deducted for subcontracted non-accredited (RARPA) learning.

The service will ensure that:

  • all subcontracted activity complies with the principles of best practice in the skills sector
  • robust due diligence procedures on all sub-contractors are in place to ensure compliance with the contract at all levels and is reviewed and updated annually
  • the provision is of the highest quality of learning delivery
  • there is a legally binding contract in place with all sub-contractors
  • subcontractors represent value for money and a positive impact on the learners and employers 
  • the service quality assurance procedures and processes are communicated to and applied to all sub-contracted activity

Management fee structure (formula funded – skills - delivery only)

The amount of funding passed onto subcontractors will reflect:

  • the costs of overseeing subcontractors, preparing legal documents, making funding returns etc.
  • the risk associated with the subcontractor that will correlate with the amount of quality oversight that must then be put in place
  • whether there are costs covered by the service that would normally be paid for by the subcontractor (for example exam fees or awarding body payments)
  • the basis on which the payments are made to the service by the funding body. Payments will only be made for actual delivery and be subject to clawback should this occur

Support for subcontractors

In return for the management fee agreed, the service will provide the following services to its subcontractors:

  • contract management with funding bodies, provision of enrolment forms and MIS data returns
  • provision of funding returns showing subcontractor elements of funding
  • support elements of delivery of programs to learners
  • support, mentor and shadow subcontractors’ staff to ensure delivery and quality of programme 
  • designated contact for the subcontract
  • provision of all relevant contract documentation to enable delivery
  • monitoring of contract performance, to include on-site visits
  • checking of MIS data and claims, interim support visits, observations of delivery staff
  • review of contract quality via quarterly reviews, termly performance reviews and on site quality audits
  • support with staff development opportunities, and facilitation of shared good practice opportunities
  • contract evaluation, to include annual self-assessment and audit, end of contract review, planning future sub-contracting arrangements/opportunities
  • support for learners, including safeguarding

The service’s contribution to improving subcontractor’s quality of T & L

All teaching and support staff will be subject to observation by the service and are expected to work towards agreed improvements.

Staff are expected to attend Lifelong Learning CPD and Standardisation sessions (known as RARPA) and be committed to continuous quality improvement of teaching, learning and assessment practice. The service reserves the right to refuse to accept staff who do not meet the required standards. This includes the requirement to follow Lifelong Learning Service procedures in respect of quality and safeguarding.

Payment terms between the service and our subcontractors

In the academic year 2023 to 2024, payments to subcontractors will be made in variable instalments based on the agreed maximum contract funding, but subject to performance in terms of appropriate enrolments. Failure to reach the target numbers of learners, or other non-compliance with the standard contract and schedule, will result in suspension of payments or corresponding amount per learner being deducted from the contract payment.

Disclaimer

The service reserves the right to amend or cancel its subcontracting arrangements in accordance with the provisions set out in the terms and conditions and following discussions with the subcontractor.

Communication of this policy

Any amends to this policy will be communicated to the subcontractor in writing. All elements of this policy will be discussed with a potential new subcontractor prior to the commencement of the contract as part of the Invitation to Tender (ITT) process. An up to date copy of this policy is available online once the policy is agreed and uploaded and is available in hard copy, on request.

Awarding of contracts

Tendering and contract awarding processes follow Wirral Council's procurement policies and procedures. Tendering is undertaking using the Northwest CHEST.

Approved: Paul Smith, Head of Service, Integrated Learning, Skills and Employment.
26 September 2024