Newsletter & Bids 35 2017
This week’s newsletter bids, grants and Funds come to you in conjunction with our sponsors London Based Manley Summers Training. We go out to some 4,139 organisations and 3,600 plus are organisations or people within the Training and Development Industry. This week we have 38 pages of Bids Grants and Funds news. We hope you all have a great Bank Holiday.
Eileen Milner has been announced as the new ESFA Chief Executive from November 2017. Eileen will replace Peter Lauener, the current Chief Executive Officer of the ESFA, who has held the post since 1 April 2017 and in predecessor organisations since April 2010. Peter Lauener will step down at the end of November 2017. Eileen Milner is currently the Executive Director of Customer and Corporate Service at the Care Quality Commission.
Ok the Levy Conference in Coventry was a big hit this week some four things come from this for me.
1 The speaker from Ofsted and feedback on the Handbook for inspecting further education and skills providers under part 8 of the Education and Inspections Act 2006, for use from 4 September 2017. How they will look at Apprentices and Employer Providers.
2 The demise of learndirect and others and the thoughts of the industry as Lindsay McCurdy noted KEY ITEMS FROM OFSTED
Not enough learners and apprentices achieve their qualifications and develop the skills to enable them to progress at work or into further education or training.
• Small and medium-sized employers are not involved routinely in planning the programmes of their apprentices or reviewing their progress.
• Arrangements for monitoring and tracking apprentices’ progress are insufficiently robust to provide managers with a secure view of how many current apprentices are likely to achieve their qualifications on time.
• Managers do not manage the performance of tutors and assessors well; as a result, they have been unable to raise the quality of teaching, learning and assessment consistently across different subcontractors and LearnDirect centres.
Ofsted’s report heavily criticises how LearnDirect manages learner progress, staff performance and training quality. While they do operate on a huge scale, these oversights could have been easily avoided with the right training and quality management tools.
3 Seeing many of my clients Laura, Katie, Marios, Sue, Richard, Lorna, Salman, Ali, Gillian, Shan, Philip, Suzanne, Alan, Tim and Grahame also many friends and colleagues from around the country.
4 The official start of the FE Compare with many well-known organisations and indeed sub-contracting ones using the new service KAPLAN, Middleton Murray, Pathways, NOCN and many more. I would like to thank the 29 organisations and people who have left feedback.
Totally Thames 2017: The 20th Totally Thames Festival will take place from 1 – 30 September. The Festival celebrates the contribution the river has made to our city and highlights some of the challenges it faces, including from plastic pollution. There are more than 150 events programmed across the 17 boroughs that the Thames flows through. You can find out more about them on the Totally Thames Festival website. http://totallythames.org/
KEY ITEM to READ over the Bank Holiday in the Sun is the Further education and skills inspection handbook. Handbook for inspecting further education and skills providers under part 8 of the Education and Inspections Act 2006, for use from 4 September 2017. Types of providers subject to inspection Under the Education and Inspections Act 2006 and this handbook, Ofsted inspects the following providers:
- further education colleges, sixth-form colleges and independent specialist colleges
- dance and drama colleges
- independent learning providers
- local authority providers
- specialist designated institutions
- not-for-profit organisations
- employer providers
- higher education institutions where they provide further education
- prime contractors for the National Careers Service
- 16 to 19 academies and free schools.
The ESFA tell us – We will shortly publish an updated version of the apprenticeship funding and performance-management rules that will apply to apprenticeship starts which covers 1st of May 2017 to the 31st of March 2019. The only substantive updates are to the performance-management rules; the funding rules have not changed. This document sets out the funding and performance management rules for the 2017 to 2018 and 2018 to 2019 funding years. For the 2018 to 2019 funding year this document is a draft and we reserve the right to make changes to these rules in line with government policy. For further information, please visit the funding rules page on GOV.UK. https://www.gov.uk/government/publications/apprenticeship-funding-and-performance-management-rules-2017-to-2018
Do you want to work for the Making Every Adult Matter Coalition? Post Partnerships Manager £34,011 to £39,181 per annum basic salary, Stratford (home working considered), full time. Do you want to work for the Making Every Adult Matter Coalition? Partnerships Manager closing date is 12 noon, 11th September 2017.
£34,011 to £39,181 per annum basic salary, Stratford (home working considered), full time
The Making Every Adult Matter Coalition (MEAM), formed of Clinks, Homeless Link and Mind, is recruiting a Partnerships Manager in London and the South East to help local areas co-ordinate services for people with multiple and complex needs. MEAM is seeking an enthusiastic, highly competent individual with substantial expertise in mental health to join the MEAM Local Networks team as a Partnerships Manager (employed by Mind). You’ll ideally have experience of cross-sector working within the fields of homelessness, substance misuse and criminal justice, bringing this expertise along with your mental health specialism to the MEAM Local Networks team. Full information and details of how to apply are available here.
The Asian Apprentices Awards are not far away: Any nominated in categories 1-8 will automatically be nominated for the main award of the night, Apprentice of the Year. Do you have anyone you can think of in the following category areas?
- Financial, Legal and Professional Services (Employer/Apprentice)
- Health, Medical and Social Care (Employer/Apprentice)
- Retail, Hospitality and Tourism (Employer/Apprentice)
- Charity, Voluntary Organisations and Public Services (Employer/Apprentice)
- Construction (Employer/Apprentice)
- Engineering and Manufacturing (Employer/Apprentice)
- Creative and Digital (Employer/Apprentice)
- Transport and Logistics (Employer/Apprentice)
- Small Medium Enterprise up to 250 employees
- Large Business of the Year 250+ employees
- School or Academy of the Year
- Learning Provider of the Year
Apprentices nominated in categories 1-8 will automatically be nominated for the main award of the night, Apprentice of the Year. Employers and Learning Providers shortlisted from categories 1-8 will be automatically entered into their respective overall winning categories.
Learning Provider Nominations
School or Academy Nominations
In May next year, the Data Protection Act (DPA) will be replaced by the EU’s General Data Protection Regulation (GDPR), a framework with greater scope and much tougher punishments for those who fail to comply with new rules around the storage and handling of personal data. What does GDPR mean for SMEs?
The General Data Protection Regulation (GDPR) is due to come into force on 25 May 2018, giving HR departments less than a year to get their house in order as the way organisations collect and process data about employees and job candidates will be changing. Here’s what HR needs to know now?
What happens to the idea of consent in the employment relationship? At the moment, many employers gain consent to process employee data by including a clause in their employment contracts, but the GDPR will tighten the rules for gaining consent. “Consent now needs to be explicit, informed and given – and that means you can’t just put it at the back of an employment contract,” says Christine Young, employment partner at Herbert Smith Freehills.
HR departments should think about what reasons they could use to justify processing employee data, such as needing to do so to perform a contract or to comply with a legal obligation. Paula Barrett, global head of privacy and information law at Eversheds Sutherland, says HR should be using consent as a “last resort”, particularly given growing rhetoric that employees are never truly free to give consent to their employer because there might be adverse consequences if they say no, as well as the fact that consent can be withdrawn at any time. What will HR do if there’s a data breach once the GDPR is in force? Under the GDPR, organisations will need to disclose a data breach to the appropriate authorities within 72 hours. If the breach poses a high degree of risk to the rights of the individuals concerned, the business will need to inform the people affected as well.
“It’s important organisations to have some kind of plan in place if there’s a data breach,” says Young. “Seventy-two hours is not a very long period of time to notify a regulator.”
Do HR professionals need to be concerned about the ‘right to be forgotten’?
The ‘right to be forgotten’ currently exists under EU law but the UK government has already said it will entrench the right into national legislation once the GDPR comes in. When most people think of the right, they think of Google removing links from search engine results, but Phil Allen – partner in the employment, pensions and immigration team at Weightmans – notes that the right to be forgotten could also affect information held on file about employees. This raises problems for HR departments trying to balance handling historic staff issues with the new obligations.
“To give you an example, if someone gets a warning for something, the Information Commissioner says that, once the warning’s spent, you shouldn’t retain those records,” says Allen. “Most employers do retain the records because, when the same issue arises years later, they want to know that the issue happened before.”
Barrett adds that this right might become relevant to HR if employees discover they have been holding on to more information than is necessary, or for longer than is necessary, to carry out an originally legitimate purpose. “Where I see the right to be forgotten kicking in more is where individuals say: ‘Why have you still got my data? I want you to effectively stop processing that data,’” she says. However, Young points out: “It’s only limited to circumstances when a data subject can use that right. It’s not a wholesale ‘they’ve asked, therefore we must delete’.”
What do I need to know about subject access requests (SARs)?
The rules around SARs are changing so, if one lands on the desk of the HR team post-GDPR, they’ll need to respond more quickly. At present, companies have 40 days to respond, but this goes down to a month under the GDPR.
The fees organisations can charge for SARs, currently a maximum of £10, will also disappear under the new regulation. And Allen notes that, as SARs are sometimes used as a prelude to litigation, the abolition of employment tribunal fees could have a further effect on the number of requests HR receive. “The more claims there are in the offing, we’re probably going to see an increase in SARs,” he says.
We use profiling in our recruitment. What do we need to know about the GDPR?
Using an element of automated profiling to filter through applicants – for example, hunting out CVs that mention certain skills and qualifications – is not uncommon, but organisations that do this will need to rethink their approach once the GDPR comes in.
“You need to notify people that you’re doing this profiling and you may need to give them the opportunity to object to that and somehow have some human intervention,” says Young.
How will Brexit affect the GDPR?
The GDPR stems from the EU but ministers this side of the Channel have already confirmed that the law will be enacted in the UK regardless of Brexit. Earlier this month, the Department for Digital, Culture, Media and Sport announced plans to introduce the rules under the data protection bill.
Young says: “For us to trade effectively with the EU, we’ll need to make sure that we get an adequacy decision [a decision from the EU stating that the UK’s data protection laws are adequate for trade purposes] so we’d need to make sure we had equivalence in protection.”
How much do I need to worry about the fines?
With the maximum fine standing at 4 per cent of global annual turnover or €20m – whichever is greater – the potential penalties under the GDPR have garnered lots of attention.
Again I do not want to keep going on about Learndirect’s Adult Education Budget “wind-down” allocation value to July 2018 hangs in the balance, after they failed to tender for funding, FE Week can exclusively reveal.
Based on a government contracting presentation (see image below) their AEB allocation should now automatically fall from £60m last year to under £1m, or £589,148 to be exact.
FE Week has heard that the Education and Skills Funding Agency, in light of contract extensions, were reviewing the policy for all providers that had not tendered and that this might involve a minimum allocation of 75 percent of the 2016/17 figure, meaning £45m for Learndirect (which over nine months would be around £34m).
Learndirect was eligible to tender for AEB funding and remains unclear why Learndirect did not conclude the tendering process. However, given their recent Ofsted grade four the likelihood of being successful was slim.
The tender specification says the “SFA reserves the right not to award a contract to any Applicant awarded Grade four for Overall Effectiveness, after an inspection by Ofsted.
“This also applies if the inspection takes place between the evaluation of ITT responses and the SFA’s decision to issue a contract.”
Learndirect, along with all private training providers, has been given a three month extension to their 2016/17 AEB contract, until October 2017, after the tender evaluation process was dogged by delays. And, as reported by FE Week, the notification of tender result process on 4 August, originally planned for 19 May, has descended into chaos after many providers with high scores failed to win any funding.
The Ministry of Justice intends to appoint single awarding organisations for seven areas of study, it has announced on the government tendering website.
The areas of study are to be English, ESOL, maths, ICT, catering and hospitality, construction, and cleaning and facilities, which between them it claims cover 42 per cent of its learning delivery. These, the MoJ say, are the curriculum areas which are studied by the largest numbers of prisoners and are most likely to be qualification bearing.
The initial approach to market will officially be opened on September 21, and the contract will run for a total of four years, from August 1 2018 until July 31 2022. The MoJ says it “will not directly pay for the services provided by the selected awarding organisations, but instead mandate the use of particular qualifications for successor education providers.”
FE Week has learned that a “market engagement” event to outline the plan took place for interested awarding organisations earlier this month. In a presentation made at the event, which FE Week has seen, bid returns are expected by October 20, with the contract awarded on November 3. The procurement appears to follow the Coates Review into prison education in May last year, in which Dame Sally Coates criticised existing provision.
Tip of the week I: Four nights in Rome from £79. Details
Tip of the week 2: Three cinema tickets for £12.96. Details
Tip of the Week 3: Virgin trains have a seat sale – up to 50% off. Details
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