Sarah Wartnaby commented, 02 February 2024 14:16

Helen Thorpe - Have you heard back from ESFA in regards to this? I'd like to know their recommendations. In my view, there are two possible scenarios. First, the employer might permit learners to engage in apprenticeship work during garden leave since they are technically still employed, although they may require access to equipment. Alternatively, learners could be placed on a break if they cannot fulfil their apprenticeship obligations during garden leave. Redundancy rulings would then kick in after made redundant, how that works on the ILR - no idea at the moment :)  My thoughts anyway

1. Redundancy and Gardening Leave

Helen Thorpe - Have you heard back from ESFA in regards to this? I'd like to know their recommendations. In my view, there are two possible scenarios. First, the employer might permit learners to e...

Sarah Wartnaby commented, 02 February 2024 14:09

@... - Does the Payments report indicate that payments have been processed for the anticipated apprentices in the current month, and are there deductions or clawbacks for withdrawn learners? While it might align with your mention of remittance offsetting each other, it's advisable to verify this on the payments report. If the payments are not reflected against learners, it's recommended to address the issue with the appropriate parties.

1. Additional Payments - remittance and clawback

@... - Does the Payments report indicate that payments have been processed for the anticipated apprentices in the current month, and are there deductions or clawbacks for withdrawn learners? While ...

Sarah Wartnaby commented, 02 February 2024 14:00

Julie Maycock - Sorry for late reply, it never told me that I was tagged or something is there :). I also read that the evidence must exist prior to or at the time is signed up. The rulings don't really talk about  what happens if a diagnosis is received within in the practical period or if the provider notices some potential learning difficulties. It also states that the Judgement in relation to this areas should be conducted within eight weeks of an apprentice beginning their apprenticeship. Personally, I would be tempted to take this scenario to the ESFA to see what they say or will allow, as getting diagnosis can often take time and an apprentice may not have known to look into stuff, so it could be a disadvantage to them.

1. ALS Functional Skills

Julie Maycock - Sorry for late reply, it never told me that I was tagged or something is there :). I also read that the evidence must exist prior to or at the time is signed up. The rulings don't r...

Sarah Wartnaby commented, 05 January 2024 16:04

Hi There, there a few things that need to be done to allow someone to be allowed the entry 3 ruling. See funding rules below: Exceptions to the regular English and maths minimum requirements, for people with special educational needs, learning difficulties or disabilities 47. An individuals must be considered on a case-by-case basis and must satisfy all of the following conditions: 47.1. The apprentice has either an existing or previously issued education, health and care (EHC) plan (or one of the legacy equivalents: a statement of special educational need (SEN) or a learning difficulty assessment (LDA)). Self-declaration of a learning difficulty or a disability is insufficient. 47.2. The provider and the employer expect the apprentice to achieve all other aspects of the apprenticeship requirements, become occupationally competent and achieve entry level 3 functional skills in the adjusted subject(s) before the end of their apprenticeship. 47.3. The provider holds or has 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. 47.4. Depending on the apprentice’s individual circumstances and outcome of the provider’s judgement, the exception outlined above may apply to either English and maths (or both). If the exception applies to only one subject, the regular requirements for the non-adjusted subject will apply. 47.5. The provider must retain all elements of the judgement in the evidence pack. 48. Although the apprentice will be exempt from the regular English and / or maths minimum requirements, providers must plan and evidence how the apprentice will access further literacy and numeracy development, including level 1 and level 2 courses, as part of their overall training provision, if appropriate. This rule only applies if the apprentice meets all of the criteria set out in paragraph 47. The judgement must be formal and structured and conducted by an appropriate professional associated with the provider (or subcontractor), such as the head of special educational needs (SEN) or student support. It must be conducted within eight weeks of an apprentice beginning their apprenticeship and must include: 48.1. A judgement of the apprentice’s current English and maths ability; 48.2. Information on how the learning difficulty or disability affects the apprentice’s English and maths abilities and a clear indication of whether English and / or maths are affected; 48.3. A judgement of the apprentice’s ability to meet the regular English and maths requirements even with appropriate support in place; 48.4. The creation of a recommended learning plan to enable the apprentice to achieve entry-level 3 functional skills in the adjusted subject(s) and, where appropriate, to continue to build on their literacy and numeracy skills by accessing further courses; and 48.5. A copy of an education, health and care (EHC) plan (or one of the legacy equivalents: a statement of special educational need (SEN) or a learning difficulty assessment (LDA)). 49. If the apprentice disagrees with the judgement outcome, the provider must provide a facility for the apprentice to request a second opinion and must ensure that a second SEN professional independently reviews the outcome. The provider may determine the format of the review process.  50. From 1 May 2023 to 1 May 2024 we will be running a pilot on using alternative forms of evidence to determine apprentice eligibility for flexibilities to regular English and maths requirements. Approved participating providers will have received written confirmation and should refer to the pilot specification for more information.

1. ALS Functional Skills

Hi There, there a few things that need to be done to allow someone to be allowed the entry 3 ruling. See funding rules below: Exceptions to the regular English and maths minimum requirements, for p...

Sarah Wartnaby commented, 01 December 2023 13:07

Hi there, to enable to satisfy the ruling you need to have satisfied and hold evidence of the below: Ruling P149.3 judgment - The judgement must be formal and structured and conducted by an appropriate professional associated with the provider (or subcontractor), such as the head of special educational needs (SEN) or student support. It must be conducted within eight weeks of an apprentice beginning their apprenticeship and must include: 48.1. A judgement of the apprentice’s current English and maths ability;  48.2. Information on how the learning difficulty or disability affects the apprentice’s English and maths abilities and a clear indication of whether English and / or maths are affected; 48.3. A judgement of the apprentice’s ability to meet the regular English and maths requirements even with appropriate support in place; 48.4. The creation of a recommended learning plan to enable the apprentice to achieve entry-level 3 functional skills in the adjusted subject(s) and, where appropriate, to continue to build on their literacy and numeracy skills by accessing further courses; and 48.5. A copy of an education, health and care (EHC) plan (or one of the legacy equivalents: a statement of special educational need (SEN) or a learning difficulty assessment (LDA)). I had a previous learner using that evidence also, it was accepted as long as we conducted the above, the English and Maths assessments showed them working at entry level etc and their dyslexia report showed the areas affected which matched the outcome of initial assessments. We ran it all by our SEND specialist and had evidenced of each of the points above. Hope its helps. Sarah    

1. Functional Skills exemption for learners with additional needs

Hi there, to enable to satisfy the ruling you need to have satisfied and hold evidence of the below: Ruling P149.3 judgment - The judgement must be formal and structured and conducted by an appropr...

Sarah Wartnaby commented, 10 July 2023 14:09

Cheers Martin, I thought so to as the 12 week ruling doesn't apply as found a job and moved in under 10 days. Then their practical period could be months after the Start date! so thank you for the thoughts, it mirrored mine and confirmed the way.

1. Change of employer, probation period - Break In learning

Cheers Martin, I thought so to as the 12 week ruling doesn't apply as found a job and moved in under 10 days. Then their practical period could be months after the Start date! so thank you for the ...

Sarah Wartnaby commented, 10 July 2023 11:21

Hi Melanie Aspinall I would also been keen to see what you have incorporated please :) we are discussing this at the moment and what the ESFA may require within out Papperwork. Email address: sarah.wartnaby@wearescl.co.uk  Thank you in advance. Sarah

1. Appr 23/24 - Minimal Financial Assistance declaration

Hi Melanie Aspinall I would also been keen to see what you have incorporated please :) we are discussing this at the moment and what the ESFA may require within out Papperwork. Email address: sarah...

Sarah Wartnaby commented, 27 June 2023 16:13

Hi Frances, The funding rules only mention exemptions for learners with special educational needs, learning difficulties or disabilities, satisfying 3 rulings. It normally comes under this header in funding rules: Exceptions to the regular English and maths minimum requirements, for people with special educational needs, learning difficulties or disabilities  You may wish to raise this with the ESFA query desk to see if there is anything that can be done but I know unless their is a special educational needs, learning difficulties or disabilities there is normally no give.  Many Thanks Sarah

1. L3 Apprenticeship Eng and Mat.

Hi Frances, The funding rules only mention exemptions for learners with special educational needs, learning difficulties or disabilities, satisfying 3 rulings. It normally comes under this header i...

Sarah Wartnaby commented, 27 June 2023 16:04

Hi Claire, The only time the ILR can be amended is where there is an clear admin error and this can be documented for the evidence pack. if they started in this contract year, I would amend and keep the evidence. Many Thanks Sarah

1. Change to Practical Period after Start Date

Hi Claire, The only time the ILR can be amended is where there is an clear admin error and this can be documented for the evidence pack. if they started in this contract year, I would amend and kee...

Sarah Wartnaby commented, 27 June 2023 15:57

Hi Alison,  Any under FRM27 at R14 submission will be clawed back by the ESFA, normally they send a letter to the college/provider etc the following June of amount due and how funds will be clawed back. Hope this helps. Many Thanks Sarah

1. FRM27 Report

Hi Alison,  Any under FRM27 at R14 submission will be clawed back by the ESFA, normally they send a letter to the college/provider etc the following June of amount due and how funds will be clawed ...