I’d like to gauge peoples views if they are prepared to give them.or if they have been given any advice from the ESFA.
We are fast approaching completing our first cohort of intermediate apprenticeship frameworks under FM36 and the new funding rules. We have been discussing a particular scenario and how we go about recording them in the ILR.
Scenario – Learner required to complete Lv 1 Fskills as part of framework and does so. Learner undertakes learning for Lv 2 Fskills but refuses to sit exams. Completes all mandatory elements of framework as per SASE and framework spec. Framework certificate claimed on ACE using completed Lv 1 Fskills.
1. Record learner as completed in ILR (codes 2&1). 20% achievement gets paid and learner counted as achieved in QAR.
2.Record learner as completed not achieved (code 2&3). We still claim cert on ACE but 20% does not get paid and learner not counted as achieved in QAR.
Does funding rule 113.2 trump all the ILR spec and ILR support manual guidance which says option 1 should be followed. As it’s a funding rule does this mean you can’t class them as a completion (in the ILR) if it hasn’t been met?June 13, 2018 at 11:36 am #264478
113.2 trump all so it will still be a completion but they will not have achieved the framework.
Not good but those are the rulesJune 13, 2018 at 11:51 am #264480
Thanks for the response.
I guess I was hoping for option 1 with rule 202 then being applied by ESFA auditors or decalring it to the ESFA and them claiming it back.
P202. We may take action including the recovery of all or part of the government funding from you if we are satisfied that there has been a breach of the funding rules.
I can understand the 20% funding element not being paid as it’s a ‘funding’ rule but seems particularlly harsh for it to then also hit your QAR results too even though the framework has been achieved.
Are there any ESFA moderators on here who can confirm this please?June 13, 2018 at 12:12 pm #264491
Being pragmatic if you have recorded the L2 FS on the ILR as completed with no achievement and you obtain the framework certification from ACE then the QAR would reflect this.
You should make sure that you retain evidence as per the commitment statement that the learner had agreed to undertake FS L2 and the evidence that the learner had refused to sit the test, this can if required be used at Audit to negate any action under P2.2 due to it being outside of your control and that you as the Provider did not breach the funding rules.
HTHJune 13, 2018 at 1:28 pm #264502
Again thanks for your repsonse.
We do indeed have evidence in the ILP that the learner has signed and agreed to undertake Lv2 Fskills as you say. They are enrolled onto Lv 2 in the ILR and registered with our awarding body to sit the exam.
In this case we also got the learner to complete something stating their refusal to complete Lv 2 Fskills and the reasons why which again they sign. I feel this is all we as a training provider can do.
The issue is you cannot record the framework as achieved (code 2&1) without this triggering the 20% achievement payment and this would be claiming the funding without meeting the funding rules.
We currently only have one instance of this but I can see this becoming an issue across the country at ESFA audits without clarification being given. Again it comes down to interpreation of the guidance.
If someone doesn’t sit a level 2 Fskill exam it doesn’t mean they haven’t achieved the framework because according to the specification they have.
Again how should this rule be interpreted. According the the apprenticeship framework and SASE it isn’t a mandatory element. According to the funding rules it is.
P179. We will pay the remaining balance of the total negotiated price up to the maximum value of the funding band when the apprentice has undertaken all the learning activity relevant to the apprenticeship, including:
179.1 all mandatory elements of the frameworkJune 14, 2018 at 9:24 am #264693
You have two options:
Tell the learner they have not complied with their learning agreement and you cannot apply for the completion certificate as you will be in breach of the funding rules.
Apply for the Framework certification from ACE and take a chance with the audit implications.
I would always choose the first option as you would open the door to other learners to try the same.
You cannot read the rules any other way as the rules say ‘must’, best advice is not to give in to the learner even if it means in this case you take a hit on funding and the QAR.
HTHJune 14, 2018 at 10:16 am #264712
I would like some clarification on this please, I was under the impression learners do not have to achieve the Level 2 Maths/English they just have to be seen to be working towards this Level if they complete Level 1 within the duration of their Apprenticeship. If the L2 is not a requirement of the framework why would it not be recorded as an achievement on the ILR?June 18, 2018 at 9:00 pm #265591
It is not working towards, here is the rule:
113.2 start, continue to study and take the test for level 2 English and maths (functional skills Level 2 or GCSE) before they complete their apprenticeship, although they do not have to achieve level 2 English and maths to complete their apprenticeship.
HTHJune 18, 2018 at 9:16 pm #265599
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