Brighton & Hove City Council Adult and Tailored Learning Supply Chain Policy

Brighton & Hove City Council receives funding from the Secretary of State for Education via the ESFA's Adult Skills Fund (ASF) non-procured block grant.

This policy details how Brighton & Hove City Council complies with ESFA funding rules through subcontracting. The Council prioritises optimal resource use to provide adult learning programs.

As a prime contractor with the ESFA, the council subcontracts accredited learning provision.

The policy specifies management charges and fees for these subcontracting arrangements.

Contracts with each subcontractor clearly state their rights and responsibilities for the academic year.

In February 2020, Brighton & Hove City Council’s Adult and Community Learning Service underwent an Ofsted inspection and received a rating of 'Good'. Brighton & Hove City Council has actively engaged subcontractors who have achieved similar standards and who are committed to continuous improvement.

Appendix A provides details regarding the subcontractor and contract values for the period 2024 to 2025. 

As outlined in the Brighton & Hove City Council’s Curriculum Plan for 2024 to 2025, the Adult and Tailored Learning Service of Brighton & Hove City Council aims to provide high-quality educational programs for adults aged 19 and over, which:

• meets local needs
• focuses on widening participation
• develops communities
• develops the skills of residents (aged 19 and over) with low skill levels
• provides progression routes to further learning, employment or volunteering 

Brighton & Hove City Council will subcontract services to:

• enhance educational opportunities for learners,
• strengthen local community links for adult learners,
• promote collaboration with other adult learning providers,
• diversify education and training that the council cannot deliver itself.

Brighton & Hove City Council's Adult and Tailored Learning Service rigorously assesses the added value and cost-effectiveness of subcontracting arrangements before proceeding with any subcontracting decisions. Courses and curriculum plans undergo annual and periodic reviews at advisory board meetings to ensure their relevance and quality.

The procurement process for 2024 to 2025 aimed to find a subcontractor to provide various accredited adult education courses in the following priority curriculum areas:

• Functional skills in English and maths
• Accredited digital skills
• Sector-specific qualifications
• Lower Level Widening Participation Qualifications 

Brighton & Hove City Council has subcontracted to:

• provide an entry point to learning for residents with low qualifications
• address gaps in niche or expert provision, or improve access to training facilities
• enhance specialist learning opportunities that equip learners with digital and employability skills necessary for workforce progression

Brighton & Hove City Council reviews supply-chain fees with sub-contractors based on contract type and size. Fees depend on risk assessment, due diligence, success rates, and volume measures. 

Brighton & Hove City Council’s Adult and Tailored Learning Service complies with the council's procurement requirements, Contract Standing Orders, and relevant procurement legislation when awarding contracts. Contracts are awarded through a competitive tendering process.

All subcontracted provision is required to be delivered in line with the ESFA Funding Rules and comply with the requirements of the ESFA subcontracting standard.

Appendix A provides details of the sub-contractors and contract values for 2024 to 2025. 

Brighton & Hove City Council is committed to continual improvement in teaching and learning in, both subcontracted and in-house provision. This is demonstrated by ensuring that any subcontractor is selected through a process that requires demonstrable evidence that they can deliver and sustain high-quality education, including high-quality teaching, learning and assessment, for all learners in all venues.

Performance management is conducted through regular monitoring and review processes, which include independent and paired observations of teaching, learning, and assessment. This approach is further supported by a comprehensive quality programme focused on staff development and training.

Subcontractors need a thorough understanding of the evidence required for both the ESFA and Ofsted. Tutors, Brighton & Hove City Council staff, and staff employed by the provider should be experienced, appropriately qualified, and have current DBS checks, which are confirmed annually. 

Brighton & Hove City Council intends to retain an estimated management fee of up to 20% for the 2024 to 2025 academic year. This fee is calculated based on the salary costs of the Adult Learning Manager and the management support provided by the council. These resources are essential for effective contract management, quality monitoring, and the timely collection and provision of data to the ESFA. 

Costs depend on the type of subcontracted provision, associated risks, and overheads managed by Brighton & Hove City Council. Section 8 details services supplied to the subcontractor. 

The time allocation of the Brighton & Hove City Council staff (shown as a percentage) has been forecast based on time allocations used in 2023 to 2024 and may vary with the subcontractor’s needs. 

It should also be noted that additional strategic and operational support is offered by the following Brighton & Hove City Council staff: 

• Head of Employment and Skills
• Data Analyst
• Finance Staff
• Communications and Press Office 

Brighton & Hove City Council will routinely review the management fee to ensure it is fair and proportionate for delivering sub-contracted services. Each cost aids in service improvement and high-quality learning delivery.

The Adult Learning Manager will ensure the service meets national standards, benchmarks, and regulatory frameworks, including Ofsted.

This policy is reviewed annually. 

ESFA Accredited Learning

Brighton & Hove City Council will retain up to 20% of the contract value from a subcontractor to cover staffing and related costs for supporting and monitoring the subcontracted services. The rest of the budget allocation will be used for learning opportunities, which external providers can access through a competitive tendering process. 

ESFA Tailored Learning

The Tailored Learning allocation is used for providing learning opportunities, delivered by Brighton & Hove City Council’s in-house team. The resource input from Brighton & Hove City Council is funded through its ESFA core grant. 

Brighton & Hove City Council’s Adult and Tailored Learning Service also works to facilitate the sharing of good practice and peer support across the subcontracted and internal provision. 

Brighton & Hove City Council aims to ensure that the teaching delivered to learners is of high quality and demonstrates effective impact and services.

Brighton & Hove City Council has a contract monitoring process in place which covers: 

• Performance against targets / planned delivery

• Quality of teaching and learning

• Safeguarding

• Equality and Diversity

• British Values / Prevent 

Activities covered under the management costs to ensure the quality of the service and teaching offer include those listed below.

The time allocation of the Brighton & Hove City Council staff (shown as a percentage) has been forecast based on time allocations used in 2023 to 2024 and may vary with the subcontractor’s needs.

Dedicated Brighton & Hove City Council contact

Appointment of a named officer (Compliance Lead and Adult Learning Manager) as the first point of contact who will respond promptly to any queries and monitor the performance against the contract throughout the year. 

Time allocation

The time allocation of the Brighton & Hove City Council staff is shown as a percentage.

Strategic planning, procurement process and due diligence (20%), which includes:

• identifying needs and priorities for the service
• programme planning based on local and national priorities
• performance reporting to Brighton & Hove City Council’s adult learning Advisory Board
• tender and/or procurement authorisation process
• developing, implementing and managing the due diligence process in accordance with ESFA funding rules
• tender and/or procurement evaluation and award of contracts
• pre-contract meeting
• contract development and agreement
• setting up of facility for contract payments
• managing proposed changes to contract in-year
• management of subcontracted provision (25%)
• regular contact, dialogue and professional support with key subcontractor contacts though contract monitoring meetings and governance meetings
• regular contract meetings to monitor provider performance against contract requirements and the quality of delivery against national quality benchmarks
• monitoring of the sub-contractor to ensure compliance with their obligations in respect of processing personal data under the sub-contract and complying with associated legislation
• preparing papers and co-ordinating termly Advisory Board meetings and subcontract performance review meetings
• funding body compliance (25%)
• providing information, advice, guidance and support to ensure delivery is compliant with the ESFA’s funding rules
• maintaining Brighton & Hove City Council’s relationship with the ESFA
• uploading claims and financial regulatory documents to the ESFA
• developing documentation and paperwork in accordance with the requirements of the
• ESFA for example enrolment form
• purchasing and maintenance of a specialist Management Information System
• collecting data, recording it on the Service’s Management Information System and submitting
• accurate funding returns to the ESFA
• managing monthly ILR return process
• managing the ESFA funding allocation
• managing external audits and internal audits such as paperwork checks, register checks and quality checks
• managing contract payments to subcontractors
• processing and submitting to the ESFA of ILR returns, data validation and reporting.
• processing business support paperwork, invoices, regular finance payments and inputting data

Quality assurance (35%), which includes:

• providing quality assurance and improvement support
• reviewing, scrutinising and providing constructive feedback on reports, plans and analyses provided by sub-contractors, including:
• Self-Assessment Report (SAR) & Quality Improvement Plan (QIP)
• safeguarding log
• staff database
• complaints log
• KPI and performance reports, including delivery information and observation findings
• reviewing the annual Self-Assessment Review (SAR), this document will involve all staff within the service, learners and appropriate partners, employers and stakeholders, the SAR will review performance in line with the Education Inspection Framework and include reference to national benchmarks, trends and minimum standards, the SAR will be updated through the year, as and when necessary, for example, in response to outcomes
• reviewing the Quality Improvement Plan (QIP) that's developed alongside the SAR and details key improvements to be made within the year, the people, the improvements involved and the deadline for the improvement, the QIP will be reviewed and formally updated at least termly
• undertaking direct observations of learning, teaching and assessment as appropriate
• participating in subcontractors’ course monitoring and RARPA review activity, sample course folders to ensure they meet the agreed quality requirements
• spot-checking venues being used to deliver Brighton & Hove City Council-funded learning opportunities to ensure compliance with requirements
• scrutinising subcontractor ILR data, this would include undertaking compliance checks on information included in the ILR in relation to the ESFA Funding Rules, such as:
• undertaking learner eligibility checks and learner file audits (as per ESFA Funding Rules)
• undertaking audits and consultation activities with learners, non-learners and key stakeholders/partners to inform provision and practice
• commissioning external representatives to undertake impartial quality assurance checks of Brighton & Hove City Council and subcontractor practice

In addition, Brighton & Hove City Council provides additional strategic and operational support through its Head of Employment and Skills, data analyst and finance team.

Core support functions include:

• strategic planning and procurement process, due diligence
• management of subcontracted provision
• funding body compliance
• quality assurance
• external audit
• media and publicity

Each subcontract cost is considered reasonable and proportionate to the delivery cost and is reviewed annually by the Governance Body.

The policy is communicated during the contract award meeting with potential sub-contractors. 

Sub-contractor accredited learning payments will be based on the outcomes from the ILR.

The subcontractor receives payments at regular intervals throughout the year, in accordance with the funding contract and related agreements. The subcontractor must submit monthly ILR Data to the council at least 5 working days before the ESFA deadlines.

After the monthly ILR Data is processed, the council will confirm the invoice amount for that month. The sub-contractor must submit an invoice for this amount within 30 days of the council's confirmation. The council will make payment to the service provider within 30 days of receiving a valid invoice from the sub-contractor. 

This policy is reviewed annually and updated accordingly. The next planned review date is September 2025.

The Policy may be reviewed if there are significant changes in the ESFA Rules. Any mid-contract changes will be discussed with the sub-contractor. Additionally, Brighton & Hove City Council will review performance and delivery to re-profile payments if volumes or service quality drop below agreed levels. 

This policy will be reviewed annually, and in-year as required by funding guidelines and rules.

Reviewed - 31  October 2024

Next review date - 30 September 2025 

Officer Responsible - Head of Skills and Employment, Education & Skills Brighton & Hove City Council 

Signed - Carla Butler, Head of Skills & Employment 

Date - 5 November 2024