Subcontracting Standard

Ooh, good question?

We've got permission through to do whole prog with our subbies for next year and I don't *think* that was contingent on the Standard approval...

I mean, I guess the contract with subs already has some kind of force majeure clause in, just in case it all goes horribly wrong?

It's an Eversheds template and normally covers clauses if we need to terminate but I will tripple check.

We have been given verbal feedback from RSM that we should be okay but we cant take their absolute word on that as its the ESFA making the call.

Yes, pretty much the same on ours!

Fortunately, my incredibly talented colleague has been dealing with ours, so I've not been that close to it, but she says it is the WORST thing she's done in 20+ years of doing compliance...

Very true and we had our GLA one alongside the one for the standard. 

Thanks Steveh, I am touched by your kind words  :)

Seeing as the ESFA have 3 months to make an assessment, I assume business as usual until then?!

ESFA assessment

20. Upon receipt of the finalised report ESFA will review the report’s findings, together with other relevant information, including locally held intelligence, to determine whether the provider has:
21. a) achieved the standard
22. b) not achieved the standard, but would be able to do so, if a series of identified actions are completed, which will demonstrate compliance with the standard. In this scenario the provider will be advised of the timeframe to demonstrate completion of the actions by ESFA
23. c) not achieved the standard and are required to cease subcontracting activities, until ESFA is satisfied that the standard has been reached. This could mean that further audit work is required to substantiate this
24. d) not achieved the standard and due to significant concerns identified either by the reporting accountant or by ESFA results in a permanent cessation of subcontracting
25. Within approximately twelve weeks of receiving the report the provider will receive a response with the outcome of ESFA’s assessment and, if applicable, any actions required to achieve the standard. All actions will include a clear timeframe and will identify whether independent verification that the action has been completed is required by the reporting accountant, who provided the report.

I'm embarrassed to say that I have not noticed the above terms previously. Can I ask what funding document this appears in please?

Please see page 8: 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1098710/Assurance_reviews_of_the_subcontracting_standard_for_post-16_providers.pdf 

It was released 17th August 2022

I have that doc but clearly didn't read it thoroughly enough. Thanks Mark.