Ashley Goldman

R14 Clawback

Created

None

Hi

I hope someone can help or shed some light on this situation?

 

We have had a clawback for a learner of £5.5k in R14 due to a bug in our eLMS provider which exported an incorrect field in the R14 submission but had exported in all other submissions.

I am told by the software provider we use who exports to the ILR that, the field where the incident occurred literally has no bearing on whether we should get paid or not. By stating the learner completed in the following funding year (which is correct), it has no effect that the learner was on programme (and that you are rightly due payment for the training) from the funding year you are submitting for and doesn't negate the correct data you have previously submitted. No rules have been broken by this error, merely that an incorrect field was exported along with the correct data.

 

This apprentice has passed their apprenticeship, and we have been paid for her completion payment and her last two months of training.

I am getting nowhere with the specialist team who promised us a manual payment for the above clawback and then u-turned on that decision saying that it was a user error and we wouldnt receive the clawback funds. 

We believe that this is not a user error, but a bug in our software providers code that forced this error. Is there anyone we can call to escalate and challenge this decision? We are always hot on checking the reports after each ILR submission and there has been no warning or errors flagged prior to R14 for this learner so it hadnt ever been flagged before and usually the warning appears so we can check and fix the error.

I dont understand how we can be clawed back £5.5k on one learner who has completed their apprenticeship for which they have a result, and we have received funding in 2022/2023 funding year with the completion payment. It makes no sense to me and because one extra field had been exported due to a software glitch that 2021/2022 funding has been clawed back for that learner. We have supported that learner 100% their apprenticeship, paid for her exams, given them 12 face to face tutoring online tutoring sessions, completed all reviews etc and we are being penalised for it due to one extra field being exported.

Whilst the funding rules are there for very good reasons, we believe we havent breached those rules and want to challenge this decision. I appreciate this is quite an extreme circumstance, but not being able to speak to anyone is very frustrating. We are a small business and we try to do everything by the book but I feel we have been treated unfairly in this instance.

Any help would be much appreciated.

Kind Regards

Ashley

Replies

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Martin West

What was the error code at R14?

Ashley Goldman

Thanks Martin

Its 

AchDate_04 The Learning actual end date must be returned for this Achievement date

I hope that helps?

(Edited)

Martin West

While I can appreciate that the loss of funding in 21/22 may be significant to you it is your responsibility to ensure that there were no errors in your final R14 ILR return for the year, I would not expect the ESFA to make an exception in your case and set a precedence as they would then have to do the same for any other provider.

The error problem may have resulted from a bug from your software supplier or a data entry error and the guidance for Apprenticeship completions that run into the 2022/23 year is:

For your 2021/22 data, when the training period for the apprenticeship standard is complete but the end point assessment period is incomplete, the Programme record must be coded as follows:

Completion - 1

Learning actual end date – Completed (this will be before 1st Aug 2022)

Outcome - 8

Achievement date - left blank

ACT to.. date – left blank

 

Where the Outcome is recorded as code ‘8’, the data migration process will carry the apprenticeship through to the 2022/23 data for completion to be recorded.

 

When the end point assessment for the apprenticeship standard is complete, the Outcome and Achievement fields must be updated accordingly. The record should then show:

Completion - 2

Learning actual end date - Completed (this does not change)

Outcome - 1 or 3

Achievement date – Completed (this will be on or after 1st Aug 2022)

ACT to.. date - completed to match the Achievement date.

This applies to the apprenticeship Programme (ZPROG) aim only; Component aims are recorded as complete in the usual way.

 

Whatever the reason for the error in the final R14 I expect that your software supplier has an agreement clause which excludes any loss caused by bugs in their software.

To avoid or resolve a similar situation in the future you could edit the ILR file from your software supplier by importing it into the LET (ILR learner entry Tool) and make the data correction required to ensure that you have a clean ILR file for submission.

HTH

Ruth Canham-James

I suspect Martin is right, they're not going to agree an exception if your final submission was showing the AchDate_04 error in your R14. Even if you couldn't work out how to clear that error from within your software, it'll still been seen as your error :( 

We always try and get our final R14 in a week before the deadline, in case things like this happen. It gives us time to check for errors that have crept in at the last minute, and gives us a few days to resolve. You know you can submit repeatedly for the same return? If it didn't show up until R14, it is frustrating as it gives you less time to resolve, but you should still check your error outputs from every submission, and re-import another version once you're fixed any errors.

Another way to fix things if you can't work it out in your software, it to edit the actual xml file itself. If you open it in Notepad, you can just change things in the file then save. It takes a bit of getting used to, but it's really logical.

Ashley Goldman

Thanks Martin and Ruth

As I said I said the funding rules are there for a good reason and I am not disputing that. However, this is a genuine error and whose ever fault it is not the point.

Everything, whatever the issue, comes back to the training provider to deal with and I feel there needs to be some sort of shake up as this is a genuine error and should be able to be challenged. To simply say that its an error...so tough, is not good enough nor acceptable (Not that Martin is saying that, but thats the message from the ESFA).

Of course, if the ESFA make a an exception to the rule, then they should do that for everyone, why not? The training providers should be able to make a case and challenge a decision especially due to funding.

In this instance, the learner has completed, we have been paid the completion payment plus two months worth of fees but the ESFA say tough, you made an error so will clawback half the apprenticeship costs, thats a bonkers decision! There should be some sort of escalation to challenge the decision for instances like this. We have trained them, supported them all the way through, incurred costs, paid for exams and EPA.

Apologies if this comes across as a bit of a rant but i am disappointed that we as training providers get treated like this.

 

Ruth Canham-James

Yes, the consequences are rather punitive. You do deserve the funding based on the work you did. It is very easy to lose a lot of money on apprenticeships from just tiny admin errors. It happens at audit too, they claw back funding for admin errors, even when you clearly deserved the funding. We're all human, and errors happen, and it does seem harsh.

If I were ESFA though, in this case, I would ask why you didn't resolve the AchDate_04 error if you knew it was in your final return? That was essentially ESFA telling you that you'll get claw back if you don't resolve it. One of my most important jobs is to make sure we never submit a final ILR with any errors. We definitely do make mistakes (including ones that lost us ££££), but leaving errors in a final ILR submission is just not something we ever allow. We always have two of us check our final R14 in particular. That's tough in a smaller provider who might not have two people who deal with this, but if you can get two people to check really important stuff, it's a really good safety net. I also have a year end checklist that I refer back to every year, with all the things I need to double check we've done. It's so easy to forget things when you're so busy at that time of year.

Ashley Goldman

I hear you Jane! We are putting measure in place that this doesnt happen again. Its so frustrating!

Thanks for your advice.