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Best bet is to have a read through P149 of the funding rules which look at "Exceptions to the regular English and maths minimum requirements, for people with special educational needs, learning difficulties or disabilities".
It's interpretative, but you may come a cropper re. P149.3 though as you've discovered the difficulty after the fact, and therefore probably can't say to a certainty that the apprentice wouldn't have been able to achieve had you planned 'effective' support throughout the programme, as detailed below:
P149.3 You hold or have conducted an evidenced judgement demonstrating that even with support, reasonable adjustments and stepping stone qualifications, the apprentice will not be able to achieve English and / or maths to the minimum level within the timeframe projected for them to complete all the occupational elements.
Happy to hear other perspectives. Ultimately you may be best just raising it with your account manager or the service desk. It certainly seems that the apprentices circumstances would fit the exemption, you just haven't necessarily completed the necessary steps according to the ESFA's timetable.

Orlene Wilkes
L3 Adult Apprentice Unable to Obtain L2 FS Maths
Created
We have a L3 apprentice who has completed their main programme aim and waiting to go through the Gateway.
It has been discovered very late that the student has severe dyslexia and is very unlikely to achieve L2. They have managed to get through the L1 FS but it took a very long time and 3 attempts. They have worked incredibly hard to get this far.
This student should really have been exempted at the start but has been let down by ALS. The student has a dyslexia report and Form 8.
Are there any options left to help this student and claim achievement?