Subcontracting Policy 2025/26

Our subcontracting policy tells you our arrangements with companies and organisations we sub-contract education provision to.

Introduction & Rationale

In line with our Strategic Plan, Homefield College will enter into subcontracts to enhance the quality and breadth of the offer to students, where the subcontract will support our organisation to achieve our mission “to provide learning and living experiences that empower the Homefield community to recognise their potential as active citizens”.

The College will only enter into subcontracted provision to:

  • Enhance the opportunities for the College’s students

  • Support an entry point for disadvantaged groups

  • Fill gaps in niche or expert provision

  • Provide additional geographical access points for our students

The subcontractor approval process will take place annually and take into account the extent to which the subcontract meets the above criteria, the level of risk attached to the subcontract and the impacts and benefits to particular groups, to the local community and to the College.

Equality & Inclusion Statement

We are committed to encouraging a supportive and inclusive culture across the College, which promotes diversity and inclusion and eliminates discrimination.

Our aim is to ensure that all our existing and potential subcontractors are given equal opportunity and consideration for selection on the basis of their aptitude and ability to meet the requirements of the College and our students and that our College is representative of all sections of society. All our subcontractors will be treated fairly and with respect.

Purpose & Scope

This policy governs provision subcontracting within the College. The College recognises that it holds full accountability for the delivery of subcontracted activity and that this cannot be assigned to subcontractors.

It is the responsibility of both the College and their subcontractors to refer to the rules and guidance of the relevant funding agency (Department for Education or relevant Combined Authority) and any future updates in all matters regarding the delivery of the contract.

Roles and responsibilities for the College and the subcontractors are clearly defined from the outset and all subcontractors are required to agree and sign a contract for the provision of education or training services with the College.

Procedure

Definitions

Subcontracting: refers to providers delivering education or training on behalf of the College. This encompasses subcontractors listed on the Department for Education (DfE) ‘Declaration of Subcontractors’, together with any updates or subsequent listings from the DfE or the relevant funding authority.

Policy Review and Approval

This Subcontracting Policy is subject to rigorous annual review and formal approval to ensure its continued effectiveness, compliance with external regulations, and alignment with Homefield College’s strategic objectives.

Annual Review Process

The policy, including its overarching rationale for subcontracting, is comprehensively reviewed ahead of each funding year. This review is conducted by the Head of Funding and Compliance, in collaboration with the Senior Management Team (SMT) and the College’s Board of Trustees.

The review process specifically assesses:

  • The continuing validity and strategic alignment of the College’s rationale for engaging in subcontracted provision.

  • Effectiveness of existing procedures, including due diligence, monitoring and communication, against desired outcomes and regulatory requirements.

  • Compliance with all current DfE Funding Regulations and relevant legislation.

  • Feedback from internal stakeholders, subcontractors and students.

Approval and Publication

Following the annual review, any necessary amendments are incorporated. The revised policy undergoes formal approval by the Senior Management Team and the College’s Board of Trustees by July each year. Once approved, the updated policy is published on the College website, with its URL shared with the DfE in line with contractual obligation.

Responsibilities

The Senior Management Team and the College’s Board of Trustees are responsible for policy approval. Oversight of the quality of the provision is managed by the Vice Principal, whilst responsibility of funding, financial and contract compliance is provided by the Head of Funding & Compliance alongside the Head of Corporate Services.

Due Diligence and Selection of Subcontractors

Homefield College is committed to a robust, annual and ongoing due diligence process for the selection and review of all delivery subcontractors. This process ensures that subcontractors possess the necessary financial stability, operational capacity and quality standards to deliver high-quality education and training.

Our due diligence procedures include, but are not limited to:

  • Financial Health Assessment: Comprehensive review of financial accounts, credit ratings and solvency to confirm the subcontractor’s ability to deliver contractual obligations. For new companies without statutory accounts, additional stringent verification of financial capability will be undertaken.

  • Legal and Regulatory Compliance: Verification of legal status, relevant registrations and adherence to all applicable laws and regulations, including safeguarding and health and safety.

  • Quality Assurance and Curriculum Expertise: Assessment of the subcontractor’s capacity to deliver the proposed curriculum to the required quality standards, including staff qualifications, experience and student success rates.

  • Capacity and Resources: Evaluation of the subcontractor’s physical resources, staffing levels and management structure to ensure sufficient capacity for the contracted provision.

  • Reputation and References: Gathering and reviewing professional references and any available intelligence regarding the subcontractor’s past performance and reputation.

Preventing the Funding of Extremist Organisations

Homefield College is committed to upholding its public duties under the Counterterrorism and Security Act 2015, including the Prevent duty. As part of this commitment, and in accordance with DfE Funding regulations, the College has robust procedures in place to prevent any inadvertent funding of extremist organisations through its subcontracting activities. These procedures include:

  • Enhanced Due Diligence Checks: Specific checks during the due diligence process to assess potential subcontractors for any links to extremist ideologies or organisations, utilising publicly available information and intelligence where appropriate.

  • Contractual Safeguards: Inclusion of clauses in all subcontracting agreements that mandate adherence to the Prevent duty and prohibit activities that could lead to the promotion of extremist views or the funding of extremist organisations.

  • Monitoring and Reporting: Ongoing monitoring of subcontractor activities to ensure compliance with the Prevent duty. Any concerns or suspected breaches will be immediately reported to the appropriate authorities in line with the College’s safeguarding procedures.

  • Training and Awareness: Ensuring that relevant College staff involved in managing subcontracting arrangements are aware of their responsibilities under the Prevent duty and can identify and report potential risks.

Contractual Arrangements and Student Information

All subcontracting arrangements will be formalised through a comprehensive written agreement between Homefield College and the approved subcontractor. This agreement will clearly define the roles, responsibilities, performance expectations, financial arrangements and quality assurance processes.

Crucially, Homefield College does not permit second-level subcontracting; all subcontractors must have a direct contractual relationship with the College. We will not enter into agreements that create artificial distinctions or convoluted delivery chains to circumvent DfE funding regulations.

Informing Students

Homefield College is committed to ensuring full transparency for students.

For all programmes delivered by subcontractors, students will be explicitly informed of:

  • The identity of Homefield College as the main provider and their primary point of contact for overall programme oversight and quality assurance.

  • The identity of the subcontractor delivering their specific provision.

  • The respective roles and responsibilities of both Homefield College and the subcontractor in their learning journey, including how complaints, concerns or support needs will be addressed.

Fee Structure

The College retains funding at a standard rate of 20%* to cover the following:

  • Updates and implementation of any DfE changes on funding and compliance

  • Designated points of contact in relation to:

    • Safeguarding

    • Curriculum

    • Quality

    • Contract Management

  • Central admissions provision, including liaison with commissioning local authorities

  • Administration and coordination of annual EHCP reviews

  • Full administrative service in relation to DfE Bursary and Free Meals distribution

  • Health & Safety advice

  • Advice on meeting quality expectations

  • Training on policies, paperwork, procedures and processes that the College requires the contractor to employ in performing this contract

  • Provide the contractor access to and participation at the College’s programme of annual staff development

  • Programme of Meetings to include:

    • Quality reviews and spot checks

    • Termly Meetings with set Agenda

    • Annual Contract Review Meeting

    • Partnership development & future Initiatives review

  • Provide access to NAPPI (Non-Abusive Psychological and Physical Intervention) training on an annual basis for application by staff working with College students

  • Regular reviews on outstanding issues as part of regular contract meetings

  • Data reports

  • Safeguarding advice

  • Compliance advice

  • Awarding Organisation support (AO) – where appropriate

  • Contract Management Support

  • Quarterly review of Annual QIP

  • Quality sampling and feedback

  • Templates and updates for compliant paperwork required to be completed by the contractor

  • Data input and transmission service to the DfE

  • Compliance audit checks and feedback

However, this will be allocated against a risk score for each subcontractor, undertaken at annual due diligence checks and also reviewed throughout the year. This will consider reviews, quality, compliance and data audits. The College reserves the right to notify the subcontractor and to adjust the retained funding accordingly if clawback for under delivery is required.

Payment Terms

Payment terms and timings are set out within individual Contracts under section ‘Payment Terms Schedule 1’. The College pays subcontracting partners by BACS the proportion of fees due in respect of valid paperwork provided by the subcontracting partner to the College and under the terms of the Contract issued.

The payment is calculated on data submitted to the DfE (or relevant funding authority) by the College in the preceding month and paid in line with Contract terms; normally within 30 days of the ILR data return.

Student safety and support

All subcontractors will be expected to share the College’s commitment to Prevent, Safeguarding, Equality & Diversity. Subcontractors may be requested to undertake College approved training and refreshers during the life of the contract to ensure both parties continue to provide appropriate levels of care for our students whilst meeting legal and contractual obligations.

Audits and Spot Checks

Audits and spot checks, including unannounced (where appropriate), will be undertaken with the subcontractor, throughout the life of the contract. These will be completed both at the subcontractor’s premises and at the College premises.

Unsatisfactory Compliance or Quality

An unsatisfactory audit in either quality or compliance may result in additional procedures being put in place for both the subcontractor and the College, or termination of the contract, in line with the terms and conditions of the Contract. Non-compliant subcontractors will be subject to appropriate action plans and undergo intensive monitoring until satisfactory progress is made.

Data Protection

The College and the Subcontractor both acknowledge that they work in accordance with the General Data Protection Regulations 25th May 2018 and the Data Protection Act 2018 and any amendments hereafter. The College has produced a set of supporting documents available to both the Subcontractor and the Student at any time on the College website. The College is a Data Controller. The College acknowledges that the Subcontractor may also be considered a Data Controller, therefore the Subcontractor will want to produce a privacy notice to share with all students.

Data Breach

A data breach is defined as any unauthorised access to, loss of, sharing of, or loss of access to any personal information. The College takes any data breach very seriously and has a procedure to investigate and notify individuals as necessary. Any confirmed or potential data breach must be reported to the College within 24 hours of identification.

Monitoring Arrangements

A schedule of reviews and audits will be developed for the length of the contract, which will also encompass student feedback. This will ensure the student is receiving quality delivery and support from the subcontractor.

Review Meetings

A schedule of review meetings will be completed in accordance with the subcontractor’s risk assessment and will be agreed at the commencement of the contract. Unannounced visits or observations may be made to the subcontractors by the College throughout the term of the contract.

Review meetings may include:

  • progress of delivery and student progress and targets against profiles

  • a review of Organisational Policies and External Quality Assurance reports

  • a selection of student files may be sampled for compliance with the DfE Funding rules

  • discussions and monitoring of issues including safeguarding, equality and diversity, Prevent and health and safety

  • the monitoring of embedding of safeguarding, equality and diversity, Prevent, Maths and English

  • review of study programme delivery

  • monitoring of quality processes

  • data checks against students on the Individualised Learner Record (ILR)

  • financial transaction checks

Data Monitoring and Audit compliance will ensure:

  • monitoring of targets against profiles

  • monitoring of achievement rates

  • compliance with the DfE Funding rules

Financial Monitoring will ensure:

  • notifications of high-risk credit ratings on financial positions are monitored throughout the Academic year as these may lead to the suspension of recruitment and an increased risk rating

Contingency Planning

Contingency plans will be implemented, in line with the College’s Business Continuity Plan, where a subcontractor’s actions or inaction has been assessed and it is deemed necessary to trigger any one of the relevant clauses as set out in the Subcontractor’s ‘Contract for the Delivery of Education & Training’.

In the event that the Contract has been terminated or either party withdraws early from the subcontracting arrangement, the College will take appropriate action to ensure students are able to continue their programmes of study where appropriate.

The College will look to take a combination of the following actions:

  • In all instances, the Department for Education (DfE) will be informed along with any other key stakeholder (e.g. Local Authority and Trustees)

  • A full review will be undertaken of a student’s progress against agreed objectives

  • An initial report of the impact to the students and College will be presented to senior post holders

  • Any College data, document or other property held by the delivery Subcontractor will be retrieved

  • An assessment will be made regarding the most appropriate routes, or a mixed solution:

    • Delivery Subcontractor staff – We will work with staff belonging to the existing delivery subcontractor to review options, including the possibility of directly employing staff on a temporary basis.

    • Deliver the provision through College – The College will deliver the provision directly at either an existing site or another out-centre utilising college staff.

    • Deliver the provision through an existing subcontractor – The College will identify an existing subcontractor who has suitable staffing, resources and expertise and once agreed, put additional contractual arrangements in place.

    • Deliver the provision through a new subcontracting arrangement – The College may engage with a new subcontractor, for provision that the College or any current subcontractor does not have the skills or capacity to deliver.

    • Transfer the students to another provider – If the College is unable to meet the needs of the students through either direct delivery, using an existing subcontractor or engaging with a new subcontractor, it will work with the DfE and key stakeholders to identify an alternative provider to transfer the students to.

Communication

Homefield College will ensure that all Subcontractors have sight of this policy and it is shared with them ahead of the academic year or contract commencement. Its discussion will form part of an agenda item at one of the review meetings. Beyond initial sharing, the College maintains
ongoing, proactive communication channels with all subcontractors through:

  • Regular Review Meetings: Scheduled meetings to review progress, address operational issues, and discuss any updates to funding rules or College policies.

  • Dedicated Contact Points: Clear points of contact within the College for day-to-day queries and support from subcontractors.

  • Dissemination of Updates: Prompt communication of any changes to DfE funding regulations, College policies or quality requirements.

  • Feedback Mechanisms: Encouraging and facilitating feedback from subcontractors to continuously improve partnership effectiveness and student outcomes.

Links with Other Policies

External Agency References

Appendix 1: List of Subcontractors for 2025/26

Macintyre Care UKPRN 10004145

T.E.C.K (Ltd) UKPRN 10090091

Enstruct Training Ltd UKPRN 10044091

Published: August 2025
Staff Responsible: Head of Funding & Compliance
Approved by: Trustees