Subcontracting Fees and Charges Policy
Newcastle and Stafford Colleges Group (NSCG) is committed to working with high quality subcontracted partner organisations who provide training which will support national, regional and local economic development.
Partner organisations must be able to demonstrate the ability to deliver high quality training and education and that they have a strong financial standing.
This policy applies to all subcontracted partner arrangements. It sets out how NSCG will apply fees and charges to contracts with organisations subcontracted to deliver training and education on NSCG’s behalf.
This document outlines NSCG’s subcontracting fees and charges policy for the 2018-19 academic year. This policy is published in line with Education & Skills Funding Agency requirements stated in the Funding Rules 2018-19 and the Apprenticeship Funding and Performance-management Rules for Training Providers.
NSCG is committed to provide high quality education and training to meet both local and national skills priorities. NSCG recognises that in order to provide such services subcontracting and partnership working is essential. The main reasons for subcontracting are:
- to build capacity to deliver training in skills priority areas;
- to offer niche provision through specialist providers;
- to provide cost effective provision that meets demand.
NSCG will ensure that the subcontractor is subject to a rigorous Due Diligence process and:
- delivers a high quality service;
- will not further subcontract provision to other colleges or training organisations;
- employs high calibre staff to deliver to learners and informs NSCG if these staff change;
- complies with NSCG’s policies and procedures;
- complies with the law e.g. Health and Safety, Data Protection, Equality and
- has been risk assessed.
- Is registered with the UK Register of Learning Providers
- Is registered with the Register of Training Organisations (ROTO) or the Register of Apprenticeship Training Providers (RoATP), should the subcontractor require a contract value in excess of £100,000 per year.
- is aware of the clear lines of responsibility and understands the consequences of any breach of contract
Subcontractors will participate in:
- Safeguarding learners (including Prevent responsibilities)
- Equality and Diversity
- Regular unannounced quality assurance checks
- Short notice audit visits
- Observation of teaching and learning
- Performance meetings
- Learner satisfaction surveys
Improving the Quality of Teaching and Learning In line with our quality improvement cycle, Newcastle and Stafford Colleges Group will support, develop and share good practice through; quality reviews, compliance visits, compliance meetings, observations of teaching and learning, and learner and employer feedback.
NSCG will incur costs to manage the subcontracting process. These costs will be in proportion to the level of pre-contract assessment, performance management and risk management associated with the subcontracted activity. Also included in the costs are the quality assurance requirements outlined in the previous section. The quality assurance costs for subcontractors delivering out of area will be greater than those delivering locally owing to quality visits etc.
Based on a risk banded scale the average management fees retained by NSCG will range from between 10% and 40%. The management fee will be agreed before the contract is confirmed with the subcontractor and will be subject to review and negotiation dependant on performance, risk and delivery model.
Payment Terms and Conditions
Payments will be made in proportion to the income generated, per learner, monthly in arrears in line with NSCG’s financial procedures.
Full details of payment arrangements for each individual contract are included in each Subcontractors contract. These include the detailed schedule for evidence submission and monthly financials deadlines, with specific dates for each month.
Responsibilities and Duties
The Vice Principal has responsibility for ensuring that the Subcontracting Fees and Charges Policy is reviewed annually. The Vice Principal will ensure that Subcontracting procedures and other such documents comply with, and are implemented in line with Education & Skills Funding Agency requirements and best practice.
All potential subcontractors will be made aware of the policy as part of the tendering process.
NSCG reserves the right to amend its subcontracting arrangements at any time in accordance with the terms and conditions contained in its standard contract for subcontracted provision.
This policy is published on the NSCG website or may be obtained directly from the Clerk to the Corporation.
Data Protection Policy
The College’s reputation and future growth are dependent on the way the College manages and protects Personal Data. Protecting the confidentiality and integrity of Personal Data is a key responsibility of everyone within the College.
As an organisation that collects, uses and stores Personal Data about its employees, suppliers, students, governors, parents and visitors, the College recognises that having controls around the collection, use, retention and destruction of Personal Data is important in order to comply with the College’s obligations under Data Protection Laws and in particular its obligations under Article 5 of GDPR.
The College has implemented this Data Protection Policy to ensure all College Personnel are aware of what they must do to ensure the correct and lawful treatment of Personal Data. This will maintain confidence in the College and will provide for a successful working and learning environment for all.
College Personnel will receive a copy of the Policy when they start and may receive periodic revisions of this Policy. The Policy does not form part of any member of the College Personnel’s contract of employment and the College reserves the right to change the Policy at any time. All members of College Personnel are obliged to comply with the Policy at all times.
Data Retention Policy
Newcastle & Stafford Colleges Group (the "College") must, in respect of its processing of personal data, comply with the Data Protection Act 2018, the General Data Protection Regulation 2016/679, and related legislation (together, "Data Protection Laws").
The Retention Policy should be read in conjunction with the College’s Data Protection Policy, which sets out the College’s overall approach to data protection matters and sets out the rationale for why a Retention Policy is required for personal data.
The College is under a legal obligation only to keep personal data for as long as the College needs it. Once the College no longer needs personal data, the College must securely delete it. The College recognises that the correct and lawful treatment of data will maintain confidence in the College and will provide for a successful working environment.
The Policy applies to all College employees, consultants, contractors and temporary personnel hired to work on behalf of the College ("College Personnel"). All College Personnel with access to personal data must comply with the Retention Policy.
College Personnel will receive a copy of the Policy when they start and may receive periodic revisions of this Policy. The Policy does not form part of any College Personnel’s contract of employment and the College reserves the right to change the Policy at any time. All College Personnel are obliged to comply with the Policy at all times.
The CCTV Policy aims to ensure that the scope, purpose and use of the CCTV systems installed and operated by Newcastle & Stafford Colleges Group College are clearly defined.
HR Privacy Notice (Candidates)
Newcastle & Stafford Colleges Group is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about our candidates. Candidates are sent a copy of this privacy notice when they are applying for work with us (whether as an employee, worker or contractor). It makes candidates aware of how and why their personal data will be used, namely for the purposes of the recruitment exercise, and how long it will usually be retained for. It provides candidates with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR).
HR Privacy Notice (Staff)
Newcastle & Stafford Colleges Group is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about our employees. Employees are sent a copy of this privacy notice when they start working with us. It makes employees aware of how and why their personal data will be used and how long it will usually be retained for. It provides employees with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR).
The College has a statutory and moral responsibility to safeguard and promote the welfare of the young people and vulnerable adults receiving education and training at the College. This document sets out the procedure relating to the protection of students. This is produced in accordance with the College policy on Safeguarding and which shall be implemented in all instances where concerns exist that abuse may be occurring and/or preventative action is required to ensure students who are at risk of being exploited or radicalised are provided with appropriate support and referral.
Improving the way in which people and organisations safeguard and promote the welfare of children is crucial to improving outcomes for children and young people and key local organisations named under section 11 of the Children Act 2004, have a duty to demonstrate that they have effective arrangements in place within their organisation to safeguard and promote the welfare of children. College corporations have a similar duty under section 175 of the 2002 Education Act, and Independent Schools, Academies and the Further Education Sector under Section 157 of the same Act. These key bodies have to demonstrate that they have an effective whistleblowing process in place and that their workforce is aware of this process.