Sub-Contracting Policy

 The purpose of this policy is to define the basis on which any partnership or subcontracting arrangements will be managed and read in conjunction with the MBKB’s Contract Monitoring and Review Procedure. Where appropriate MBKB will work in partnership with employers and training providers, or subcontract with training providers, to deliver programmes funded via MBKB’s government allocations.

Partners will be required to adhere to the following:

All delivery whether in partnership or on a subcontract basis will be expected to return

outstanding success rates, both overall and timely, or retention and achievement.

On-going performance data will be discussed at regular Contract Reviews and termly

Quality Summits. Performance indicators are in line with the overall MBKB KPI’s.

Key Performance Indicators are 

  • Performance Data
  • Achieve Outstanding
  • Apprenticeship Overall Success 10% above National Benchmark
  • Apprenticeship Timely Success 10% above National Benchmark
  • Work Place Learning Success 7% above National Benchmark
  • 16 – 18 Long Success 89%
  • 16 – 18 Short Success 91%
  • 19+ Long Success 88%
  • 19+ Short Success 92%
  • Retention 97%
  • Employer satisfaction 95%
  • Staff Potential and Performance
  • Lesson Observation Grades 85% Good or better
  • Teaching colleagues with teaching qualifications 100%
  • Teaching colleagues undertaking industrial up-skilling 100

MBKB will undertake graded observations of five stages of the learning journey:
• Initial Assessment and Induction
• Teaching and Learning
• Progress Reviews
• Assessment
• Exit Reviews
Additionally, MBKB Quality and Compliance departments will require access to IV records and standardisation meetings for observation purposes. However, these observations will not be graded. Feedback will be given following all observations and action plans agreed to ensure improvements are made. In addition, Partners and Sub-contractors will be required to undertake their own internal observations on all areas of the learner journey and submit these reports to MBKB.

Support from the MBKB Quality / Compliance Team will be made available to enhance this activity.

Program Documentation – 
All programs unless otherwise agreed, will have their content defined within a scheme of work. All sessions within a program will be planned using an appropriate lesson/session plan. All sessions should be evaluated in writing by the tutor. 

Initial Assessment – 
All programs should include an initial assessment process that enables learners to identify what they want to achieve from the course and which enables tutors to modify delivery to suit both student and employer requirements. This should include basic skills assessments and diagnostic tests where applicable.

Learner Progress –
Learner progress records must be maintained at an appropriate level of detail, in relation to the context and length of the program. All Partners and sub-contractors will be required to use their own in-house system which must be evaluated and approved by MBKB in advance of delivery. It is essential that every learner’s progress is tracked and risk rated using a Red, Amber, Green (RAG) system.

Health and Safety – 
Partners and sub-contractors must provide all details of how they ensure that facilities used to deliver learning meet all health and safety regulatory and legislative requirements, including where required, specific health and safety reports, audits and risk assessments. Partner and sub-contractor staff must be capable of, and must undertake, activity and facility risk assessments both before learning commences and at a frequency consistent with the type of activity and the nature of the facility being used. As a minimum health and safety assessments will be required on an annual basis. MBKB personnel will undertake health and safety visits at provider premises to ensure legal compliance and that systems and processes are to a high standard. Action plans will be produced following the visits and these will be monitored closely until all actions have been completed.

Facilities and Resources – 
All facilities and resources used must be ‘fit for purpose’ and comply with all current Health and Safety Legislation.

Safeguarding – 
All Partners and sub-contractors must have:

• A named lead who is accountable for safeguarding policy and practice within the organisation

• Clear priorities for safeguarding and promoting the welfare of learners, explicitly stated in strategic policy documents

• A clear commitment by senior management to the importance of safeguarding

• A clear line of accountability and defined roles and responsibilities within the organisation for safeguarding

• Recruitment and human resources management procedures that take account of the need to safeguard learners, including arrangements for appropriate checks on new staff and volunteers

• Procedures to deal with allegations against staff, including a named senior manager to whom allegations are to be reported

• Arrangements to ensure that all staff undertake appropriate training. This must be kept up to date by refresher training at regular intervals

• All staff working with students are made aware of the arrangements for safeguarding including their own responsibilities and knowing the named lead and process for referrals

• Safeguarding policy and related policies and procedures that as a minimum cover all aspects of those required by the Local Safeguarding Children Board and MBKB

• Arrangements to work effectively the Local Safeguarding Children Board, MBKB and other organisations to develop safeguarding practice, including the sharing of best practice

• Appropriate whistle-blowing procedures and procedures which enable issues about safeguarding to be addressed.

Equality and Diversity – 
All partners and sub-contractors must have:

• Named lead for equality and diversity who is accountable for policy and practice within the workplace/training environment

• Information available to trainees/apprentices on their rights and responsibilities in the workplace

• Effective policies and procedure to deal with bullying, harassment and discrimination

• Working/Learning environments that are free from images, language or activity which may impact negatively on people who share any of the following characteristics which are protected under the law – ethnicity, gender, faith, age, disability, gender reassignment, sexual orientation, marriage and civil partnership, pregnancy and maternity

• Key members of staff who have either attended equality and diversity training, or completed the eLearning package provided by MBKB.

Performance data will be analysed to monitor any gaps in recruitment or success. The provider will be required to implement an action plan to address any gaps identified. Both data and action plans will be discussed within contract reviews and quality summits.

Information, Advice and Guidance - All partners and sub-contractors must be able to demonstrate that:
• They provide impartial information, advice and guidance to a standard consistent with that provided by MBKB
• All learners are able to make a well-informed judgement on the suitability of a programme, before they undertake it
• All students receive timely IAG as they approach the end of their training programme
• They support students who require specialist or higher levels of IAG to receive it

Learner Satisfaction/ Employer Satisfaction – 
MBKB will provide the feedback questionnaires and will analyse the results periodically and will share any best practice identified. Action plans will be agreed and monitored to ensure that all areas for improvement identified are addressed.

  • Service Standards
  • Continuous Professional
  • Development

MBKB will offer training sessions and updates to partner and sub-contractor staff. Although attendance will not be mandatory at all sessions, all staff working with
Learners on MBKB’s contract will be expected to attend at least one session each year.

Self-Assessment –
All Partners and sub-contractors will be required to undertake a self-assessment process in relation to the Common Inspection Framework and produce a SAR (Self-Assessment Review) which clearly and specifically identifies and evaluates the courses or programmes which they are contracted to deliver. The SAR and resulting QIP (Quality Improvement Plan) must be submitted to MBKB annually in a timely manner to allow the overall MBKB SAR to be produced.

Service Standards – 
All Partners and sub-contractors will be required to demonstrate how they will meet MBKB service standards and how they will communicate these standards to learners.
MBKB staff will conduct audits of Partners and subcontractors.

The scope of this audit activity will include (dependent upon the nature of the contract):
• Enrolment forms
• Individual Learning Plans
• Class registers and/or contact logs
• Learner Progress Reviews
• Lesson observation records
• Tutor feedback
• Schemes of work and lesson plans
• Accident and injury records
• Initial Assessment/Diagnostic documentation
• Health and Safety policy and procedure
• Equality and Diversity policy and procedure
• Safeguarding policy and procedure
• Appeals Procedure
• EQA reports
• Organisational Chart
• Staff CV’s and qualifications
• DBS records
• Complaints records
• Learner and Employer survey data
• Financial records, including records relating to the deployment of funds paid for the activities specified in the contract
• Internal controls
• Any other documentation not specified above which demonstrates how the Partner or Sub-contractor meets the requirements of MBKB.

MBKB will audit all the above as part of due diligence activity.

Should a contract be agreed then regular audits will take place in line with the audit calendar and quality cycle. Full due diligence activity will be undertaken with all Partners and sub-contractors every 3 years.

Audit Procedures –
Partners and sub-contractors will be required to demonstrate that they have robust quality audit arrangements, consistent with the requirements related to audit activities undertaken by MBKB as specified above. They will also be required to maintain, review and update policies and procedures, as appropriate to the nature of their contract, in the following areas:

• Equality and Diversity
• Safeguarding
• Health and Safety
• Quality Assurance, including performance monitoring and development of:
- Teaching practice
- Initial assessment
- Additional support
- Information, advice and guidance
- Self-assessment
• Performance management information
• Data protection
• Staff recruitments and development
• Financial management

Policy and Procedures – 
Performance monitoring and review will take place in line with our Contract Monitoring and Review procedure.

Performance Review – 
Risk scores will be calculated using the Anti Risk system and will categorise the provider into one of four categories.

• Green – Grade 1 – Outstanding – Quarterly contract reviews and quality summits

• Amber – Grade 2 – Good – Two contract reviews and one quality summit per quarter

• Orange – Grade 3 – Requires Improvement – Monthly contract reviews and quarterly quality summit

• Red – Grade 4 – Inadequate – Monthly contract reviews and monthly quality summits

Risk Scores – 
Base rate fees will be set in line with the risk score category for each Partner or sub-contractor.

Fees and Charges / Risk Rating Management Fee – 
Green 15%
Amber 18%
Orange 20%
Red 25%

The differing rates will reflect the amount of support or intervention required by each Partner or sub-contractor to ensure that improvements are made. MBKB reserves the right to negotiate fees outside of this depending on individual partner performance. There may however, on occasion, be other costs associated in addition to these rates which will be negotiated prior to the contract sign off.
• Registration and Exam Fees
• Internal Verification
• Equipment
• Bespoke or accredited staff training
All Learners start and end documentation must be submitted to MBKB in line with the table contained in the formal contract document. In the majority of cases this is on or around the 24th of each calendar month, unless this is a weekend or holiday. Participation evidence for all students must be sent to MBKB prior to 25th of the following month. MBKB will carry out regular and on-going reviews and or audits of the evidence provided.

Documentation – 
Once the ILR has been returned a funding summary will be produced and reconciled. This will be sent to each provider usually on or around the 15th of the following month. MBKB will also highlight at this point any missing participation evidence. An invoice request will be sent to each delivery partner on or around 20th of the month. A date will be stated on this request for the return of the invoice to ensure payment is made on or around the 15th of the following month. Payments will only be authorised where all evidence has been provided. If the invoice is received after the date stipulated then payment will be made within 14 days of receipt.
Payments will be made by BACS.