LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees). 8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989). 8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all. 8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)). 8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty). 8.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment. 8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies. 8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken. 8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police): 8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or 8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority). 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties: 8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or 8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism. 8.11 Where it applies 8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance. 8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions. 8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain. 8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 3 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant), Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 This Clause 8 applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider.
8.2 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 8.3 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 8.4 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (with Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 8.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 8.12 Where it applies
8.11.1 8.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 8.12.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 8.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 8.13 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 3 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant), Conditions of Funding (Grant)
LEARNER WELFARE. 8.1
15.1 This clause applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider.
15.2 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.3 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.4 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, beliefs and promote principles that support equality of opportunity for all.all.
8.4 15.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales (2023) - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.respect
8.9 15.10 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.10.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.11 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 15.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 15.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 2 contracts
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider Employer must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider Employer provides residential accommodation for Learners, the Provider Employer must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider Employer were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider Employer must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider Employer must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 In providing the Services, the Provider Employer must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider Employer will monitor, and act on, any other harm to Learners to the extent that the Provider Employer could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider Employer will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider Employer and/or the Provider Employer Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider Employer will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider Employer or one of the Provider Employer Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider Employer will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider Employer or one of the Provider Employer Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider Employer or the Provider Employer Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Employer Personnel for the purposes of determining whether that member of Provider Employer Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider Employer must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider Employer must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider Employer shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider Employer will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 2 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider Employer must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider Employer provides residential accommodation for Learners, the Provider Employer must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider Employer were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider Employer must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider Employer must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇)/government/publications/prevent-duty- guidance/prevent-duty-guidance-for-further-education-institutions-in- england-and-wales).
8.5 In providing the Services, the Provider Employer must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider Employer will monitor, and act on, any other harm to Learners to the extent that the Provider Employer could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider Employer will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider Employer and/or the Provider Employer Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider Employer will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider Employer or one of the Provider Employer Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider Employer will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider Employer or one of the Provider Employer Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider Employer or the Provider Employer Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Employer Personnel for the purposes of determining whether that member of Provider Employer Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.,
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider Employer will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Subsub-Contract contract with each Subsub-Contractorcontractor.
Appears in 2 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 This Clause 8 applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider.
8.2 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 8.3 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 8.4 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (with Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 8.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 8.12 Where it applies
8.11.1 8.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 8.12.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 8.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 8.13 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 2 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider SPI were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 Where, by virtue of being a ‘children’s home’ within the meaning of the Care Standards Act 2000, the person carrying on or managing the Special Post-16 Institution (“SPI”) is required to be registered with Ofsted, the Provider must comply with the Children’s Homes (England) Regulations 2015 (or such successor secondary legislation as may replace those Regulations) in respect of the SPI.
8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 8.12 Where it applies
8.11.1 8.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 8.12.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-anti- human trafficking provisions.
8.11.3 8.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 8.13 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Sub- Contract with each Sub-Contractor.
Appears in 2 contracts
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider SPI were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 Where, by virtue of being a ‘children’s home’ within the meaning of the Care Standards Act 2000, the person carrying on or managing the Special Post-16 Institution (“SPI”) is required to be registered with Ofsted, the Provider must comply with the Children’s Homes (England) Regulations 2015 (or such successor secondary legislation as may replace those Regulations) in respect of the SPI.
8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 8.12 Where it applies
8.11.1 8.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 8.12.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 8.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 8.13 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Sub- Contract with each Sub-Contractor.
Appears in 2 contracts
Sources: Funding Agreement, Funding Agreement
LEARNER WELFARE. 8.1 This Clause 8 applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider.
8.2 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 8.3 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 8.4 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - with ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇)/government/publications/prevent-duty- guidance/prevent-duty-guidance-for-further-education-institutions-in- england-and-wales).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 8.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.,
8.12 The Provider will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Subsub-Contract contract with each Subsub-Contractorcontractor.
Appears in 2 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇)/government/publications/prevent-duty- guidance/prevent-duty-guidance-for-further-education-institutions-in- england-and-wales).
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.,
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Subsub-Contract contract with each Subsub-Contractorcontractor.
Appears in 2 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇)/government/publications/prevent-duty- guidance/prevent-duty-guidance-for-further-education-institutions-in- england-and-wales).
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.,
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Subsub-Contract contract with each Subsub-Contractorcontractor.
Appears in 2 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant) (Trusts)
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider SPI were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 Where, by virtue of being a ‘children’s home’ within the meaning of the Care Standards Act 2000, the person carrying on or managing the Special Post-16 Institution (“SPI”) is required to be registered with Ofsted, the Provider must comply with the Children’s Homes (England) Regulations 2015 (or such successor secondary legislation as may replace those Regulations) in respect of the SPI.
8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇)/government/publications/prevent-duty-guidance/prevent- duty-guidance-for-further-education-institutions-in-england-and-wales).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 ): a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 or an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 : is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 or makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract sub- contract with each Subsub-Contractorcontractor.
Appears in 2 contracts
Sources: Funding Agreement, Funding Agreement
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & and Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and must comply with the requirements of the national minimum standards for residential accommodation for children in Colleges Residential Special Schools: National Minimum Standards published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 Where, by virtue of being a ‘children’s home’ within the meaning of the Care Standards Act 2000, the person carrying on or managing the non-maintained special school (“NMSS”) is required to be registered with Ofsted, the Provider must comply with the Children’s Homes (England) Regulations 2015 (or such successor secondary legislation as may replace those Regulations) in respect of the NMSS.
8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇)/government/publications/prevent-duty-guidance/prevent- duty-guidance-for-further-education-institutions-in-england-and-wales).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract sub- contract with each Subsub-Contractorcontractor.
Appears in 2 contracts
Sources: Funding Agreement, Funding Agreement
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇▇▇://▇▇▇▇▇▇.▇▇ (▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇.▇▇)/government/uploads/system/upl oads/attachment_data/file/445915/Prevent_Duty_Guidance_For_Further _Education England Wales_-Interactive.pdf).
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will also monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.,
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Subsub-Contractorcontractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 15.1 This clause applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider.
15.2 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.3 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.4 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 15.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (with Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.10.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 15.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 15.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 15.12 Where it applies
8.11.1 15.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 15.12.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 15.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 15.13 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 15 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Accountability Agreement
LEARNER WELFARE. 8.1 15.1 This clause applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider.
15.2 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.3 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.4 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 15.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales (2023) - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.10 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.10.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.11 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 15.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 15.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 15.12 Where it applies
8.11.1 15.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 15.12.2 The Provider must ensure that all Sub-Contracts Subcontracts that it enters into include an obligation for the Sub-Contractor Subcontractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 15.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 15.13 Where it applies, the Provider must comply with the Safeguarding Vulnerable Groups Act 2006 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
15.14 The Provider will, in circumstances where it Sub-Contracts Subcontracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 15 are included in the Sub-Contract Subcontract with each Sub-ContractorSubcontractor.
Appears in 1 contract
Sources: Education & Skills Agreement
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.,
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 8.12 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 8.13 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 8.14 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider SPI were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 Where, by virtue of being a ‘children’s home’ within the meaning of the Care Standards Act 2000, the person carrying on or managing the Special Post-16 Institution (“SPI”) is required to be registered with Ofsted, the Provider must comply with the Children’s Homes (England) Regulations 2015 (or such successor secondary legislation as may replace those Regulations) in respect of the SPI.
8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 8.12 Where it applies
8.11.1 8.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 8.12.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 8.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 8.13 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 are included in the Sub-Sub- Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Funding Agreement
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Sub- Contract with each Sub-Contractor.
Appears in 1 contract
LEARNER WELFARE. 8.1 15.1 This clause applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider.
15.2 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.3 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.4 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, beliefs and promote principles that support equality of opportunity for all.
8.4 15.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales (2023) - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.10 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) Customer Help Portal where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.10.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.11 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) Customer Help Portal of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 15.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 15.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 15.12 Where it applies
8.11.1 15.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 15.12.2 The Provider must ensure that all Sub-Contracts Subcontracts that it enters into include an obligation for the Sub-Contractor Subcontractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 15.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 15.13 Where it applies, the Provider must comply with the Safeguarding Vulnerable Groups Act 2006 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
15.14 The Provider will, in circumstances where it Sub-Contracts Subcontracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 15 are included in the Sub-Contract Subcontract with each Sub-ContractorSubcontractor.
Appears in 1 contract
Sources: Accountability Agreement
LEARNER WELFARE. 8.1 15.1 This clause applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider.
15.2 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.3 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.4 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, beliefs and promote principles that support equality of opportunity for all.
8.4 15.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales (2023) - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.10 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.10.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.11 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 15.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 15.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 15.12 Where it applies
8.11.1 15.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 15.12.2 The Provider must ensure that all Sub-Contracts Subcontracts that it enters into include an obligation for the Sub-Contractor Subcontractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 15.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 15.13 Where it applies, the Provider must comply with the Safeguarding Vulnerable Groups Act 2006 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
15.14 The Provider will, in circumstances where it Sub-Contracts Subcontracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 15 are included in the Sub-Contract Subcontract with each Sub-ContractorSubcontractor.
Appears in 1 contract
Sources: Accountability Agreement
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider Employer must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider Employer provides residential accommodation for Learners, the Provider Employer must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider Employer were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider Employer must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider Employer must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇▇▇://▇▇▇▇▇▇.▇▇ (▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇.▇▇)/government/uploads/system/upl oads/attachment_data/file/445915/Prevent_Duty_Guidance_For_Further _Education England Wales_-Interactive.pdf).
8.5 In providing the Services, the Provider Employer must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider Employer will also monitor, and act on, any other harm to Learners to the extent that the Provider Employer could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider Employer will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider Employer and/or the Provider Employer Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider Employer will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider Employer or one of the Provider Employer Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider Employer will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider Employer or one of the Provider Employer Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider Employer or the Provider Employer Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Employer Personnel for the purposes of determining whether that member of Provider Employer Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.,
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider Employer will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Subsub-Contract contract with each Subsub-Contractorcontractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇▇▇://▇▇▇▇▇▇.▇▇ (▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇.▇▇)/government/uploads/system/upl oads/attachment_data/file/445915/Prevent_Duty_Guidance_For_Further _Education England Wales_-Interactive.pdf).
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will also monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.,
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Subsub-Contractorcontractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1
9.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 8 (Health & Safety) above, the Provider Contractor must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 9 and Clause 24 26 (Employees).
8.2 9.2 Where the Provider Contractor provides residential accommodation for Learners, the Provider Contractor must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider Contractor were a College (as defined by section 87(10) of the Children Act 1989).
8.3 9.3 In providing the Services, the Provider Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.all.
8.4 9.4 In providing the Services, the Provider Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).and
8.5 9.5 In providing the Services, the Provider Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 9.6 The Provider Contractor will monitor, and act on, any other harm to Learners to the extent that the Provider Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 9.7 The Provider Contractor will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 9.8 The Provider Contractor and/or the Provider Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 9.9 The Provider Contractor will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider Contractor or one of the Provider Contractor Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 9.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 9.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 9.10 The Provider Contractor will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider Contractor or one of the Provider Contractor Related Parties:
8.10.1 9.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 9.3 or the ability of the Provider Contractor or the Provider Contractor Related Parties to comply with the Prevent duty, or
8.10.2 9.10.2 makes a referral of an individual member of Provider Contractor Personnel for the purposes of determining whether that member of Provider Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.Counter-
Appears in 1 contract
Sources: Contract for Services
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 9.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 8 (Health & Safety) above, the Provider Contractor must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 9 and Clause 24 26 (Employees).
8.2 9.2 Where the Provider Contractor provides residential accommodation for Learners, the Provider Contractor must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 ▇▇▇ ▇▇▇▇ as if the Provider Contractor were a College (as defined by section 87(10) of the Children Act 1989).
8.3 9.3 In providing the Services, the Provider Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 9.4 In providing the Services, the Provider Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (▇▇▇ ▇▇▇▇ Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 9.5 In providing the Services, the Provider Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ (the Channel co-operation duty).
8.6 9.6 The Provider Contractor will monitor, and act on, any other harm to Learners to the extent that the Provider Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 9.7 The Provider Contractor will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 9.8 The Provider Contractor and/or the Provider Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 9.9 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider Contractor or one of the Provider Contractor Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 9.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 9.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 9.10 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider Contractor or one of the Provider Contractor Related Parties:
8.10.1 9.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 9.3 or the ability of the Provider Contractor or the Provider Contractor Related Parties to comply with the Prevent duty, or
8.10.2 9.10.2 makes a referral of an individual member of Provider Contractor Personnel for the purposes of determining whether that member of Provider Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 9.11 Where it applies
8.11.1 9.11.1 The Provider Contractor must comply with the Modern Slavery Act 2015 ▇▇▇ ▇▇▇▇ and must have in place throughout the Agreement Contract Period policies and procedures to ensure full compliance.
8.11.2 9.11.2 The Provider Contractor must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 9.11.3 The Provider Contractor shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 9.12 The Provider Contractor will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this AgreementContract, ensure that all the provisions in respect of learner welfare in this Clause 8 9 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Contract for Services
LEARNER WELFARE. 8.1 9.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 8 (Health & Safety) above, the Provider Contractor must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 9 and Clause 24 26 (Employees).
8.2 9.2 Where the Provider Contractor provides residential accommodation for Learners, the Provider Contractor must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 ▇▇▇ ▇▇▇▇ as if the Provider Contractor were a College (as defined by section 87(10) of the Children Act 1989).
8.3 9.3 In providing the Services, the Provider Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 9.4 In providing the Services, the Provider Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (▇▇▇ ▇▇▇▇ Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 9.5 In providing the Services, the Provider Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ (the Channel co-operation duty).
8.6 9.6 The Provider Contractor will monitor, and act on, any other harm to Learners to the extent that the Provider Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 9.7 The Provider Contractor will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 9.8 The Provider Contractor and/or the Provider Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 9.9 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider Contractor or one of the Provider Contractor Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 9.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 9.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 9.10 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider Contractor or one of the Provider Contractor Related Parties:
8.10.1 9.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 9.3 or the ability of the Provider Contractor or the Provider Contractor Related Parties to comply with the Prevent duty, or
8.10.2 9.10.2 makes a referral of an individual member of Provider Contractor Personnel for the purposes of determining whether that member of Provider Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 9.11 The Provider Contractor must comply with the Modern Slavery Act 2015 ▇▇▇ ▇▇▇▇ and must have in place throughout the Agreement Contract Period policies and procedures to ensure full compliance.
8.11.2 9.12 The Provider Contractor must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-anti- human trafficking provisions.
8.11.3 9.13 The Provider Contractor shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 9.14 The Provider Contractor will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this AgreementContract, ensure that all the provisions in respect of learner welfare in this Clause 8 9 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Contract for Services
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England E ngland and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 15.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 15.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales (2023) - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.9 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) Customer Help Portal where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.9.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.10 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) Customer Help Portal of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 15.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 15.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 15.11 Where it applies
8.11.1 15.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 15.11.2 The Provider must ensure that all Sub-Contracts Subcontracts that it enters into include an obligation for the Sub-Contractor Subcontractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 15.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 15.12 Where it applies, the Provider must comply with the Safeguarding Vulnerable Groups Act 2006 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
15.13 The Provider will, in circumstances where it Sub-Contracts Subcontracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 15 are included in the Sub-Contract Subcontract with each Sub-ContractorSubcontractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & and Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and must comply with the requirements of the national minimum standards for residential accommodation for children in Colleges Residential Special Schools: National Minimum Standards published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 Where, by virtue of being a ‘children’s home’ within the meaning of the Care Standards Act 2000, the person carrying on or managing the non-maintained special school (“NMSS”) is required to be registered with Ofsted, the Provider must comply with the Children’s Homes (England) Regulations 2015 (or such successor secondary legislation as may replace those Regulations) in respect of the NMSS.
8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇▇▇://▇▇▇▇▇▇.▇▇ (▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇.▇▇)/government/uploads/system/uploads/a ttachment_data/file/445915/Prevent_Duty_Guidance_For_Further_Education England Wales_-Interactive.pdf).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will also monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract sub- contract with each Subsub-Contractorcontractor.
Appears in 1 contract
Sources: Funding Agreement
LEARNER WELFARE. 8.1 12.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 11 (Health & and Safety) above, the Provider must ensure that the Services are Project is delivered in safe, healthy healthy, and supportive environments, which meet the needs of Learners in accordance with this Clause 8 12 (Learner Welfare) and Clause 24 30 (EmployeesHuman Rights).
8.2 Where 12.2 In delivering the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the ServicesProject, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, beliefs and promote principles principals that support equality of opportunity for all.
8.4 12.3 In providing delivering the ServicesProject, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty2015) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇))2015.
8.5 12.4 In providing delivering the ServicesProject, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-co- operation duty).
8.6 12.5 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so so, and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, and any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 . The Provider will co-operate with have a Learner Disciplinary Policy in place that is available to the Department and Department Combined Authority for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it appliesinspection on request.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 12.6 The Provider will, in circumstances where it Sub-Contracts Subcontracts the management and/or delivery of the Services Project under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 12 (Learner Welfare) are included in the Sub-Contract Subcontract with each SubSubcontractor.
12.7 The Provider will have an effective complaints and comments policy and process in place that will be available to the Combined Authority for inspection on request.
12.8 The Provider must provide evidence of Learner feedback.
12.9 The primary responsibility for receiving feedback and investigating complaints promptly and thoroughly, in respect of the Agreement, will rest with the Provider. The Provider will have procedures in place including but not limited to, a complaints process, to gather and act on feedback and complaints from Learners and/or their representatives, employers and/or the wider community. The Provider must keep a log of the complaints received, which will be accessible to the Combined Authority upon request.
12.10 The Provider must ensure that Learners are made aware of its procedure for dealing with complaints and that the procedure is clear and accessible.
12.11 The Provider will be responsible for resolving complaints in accordance with its own procedures and any guidance issued by the Combined Authority. Once the Provider has concluded its investigations, including any appeal, it must inform the complainant in writing of the outcome.
12.12 Where a complaint has not been resolved to the satisfaction of the complainant, the Provider will advise the complainant of their right to complain to the Combined Authority by emailing ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇-Contractor▇▇.▇▇▇.▇▇, and will co-operate with any investigation carried out by the Combined Authority, and act on any recommendations made by the Combined Authority following the investigation.
12.13 A high volume of Withdrawal Rates will be subject to additional Performance Management activity.
Appears in 1 contract
Sources: Grant Agreement
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider Employer must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider Employer provides residential accommodation for Learners, the Provider Employer must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider Employer were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider Employer must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider Employer must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 In providing the Services, the Provider Employer must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider Employer will monitor, and act on, any other harm to Learners to the extent that the Provider Employer could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider Employer will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider Employer and/or the Provider Employer Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider Employer will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider Employer or one of the Provider Employer Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider Employer will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider Employer or one of the Provider Employer Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider Employer or the Provider Employer Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Employer Personnel for the purposes of determining whether that member of Provider Employer Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider Employer must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider Employer must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider Employer shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider Employer will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 9.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 8 (Health & Safety) above, the Provider Contractor must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 9 and Clause 24 26 (Employees).
8.2 9.2 Where the Provider Contractor provides residential accommodation for Learners, the Provider Contractor must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider Contractor were a College (as defined by section 87(10) of the Children Act 1989).
8.3 9.3 In providing the Services, the Provider Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 9.4 In providing the Services, the Provider Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇))/government/publications/prevent-duty- guidance/prevent-duty-guidance-for-further-education-institutions-in- england-and-wales.
8.5 9.5 In providing the Services, the Provider Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 9.6 The Provider Contractor will monitor, and act on, any other harm to Learners to the extent that the Provider Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 9.7 The Provider Contractor will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 9.8 The Provider Contractor and/or the Provider Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 9.9 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider Contractor or one of the Provider Contractor Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 9.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 9.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 9.10 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider Contractor or one of the Provider Contractor Related Parties:
8.10.1 9.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 9.3 or the ability of the Provider Contractor or the Provider Contractor Related Parties to comply with the Prevent duty, or
8.10.2 9.10.2 makes a referral of an individual member of Provider Contractor Personnel for the purposes of determining whether that member of Provider Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.,
8.11 Where it applies
8.11.1 9.11 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this AgreementContract, ensure that all the provisions in respect of learner welfare in this Clause 8 9 are included in the Subsub-Contract contract with each Subsub-Contractorcontractor.
Appears in 1 contract
Sources: Contract for Services
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider SPI were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 KHUH E\ YLUWXH RI EHLQJ D µFKLOGUHQ¶V Standards Act 2000, the person carrying on or managing the Special Post-16 ,QVWLWSXPIW´L is RreQqu ire d ³to be registered with Ofsted, the Provider must FRPSO\ ZLWK WKH &KLOGUHQ¶V +RPHV (QJOD successor secondary legislation as may replace those Regulations) in respect of the SPI.
8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, orFKLOGUHQ¶V VRFLDO FDUH DGXOW VRFLDO FD
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 8.12 Where it applies
8.11.1 8.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 8.12.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-anti- human trafficking provisions.
8.11.3 8.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 8.13 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Sub- Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Funding Agreement
LEARNER WELFARE. 8.1 This Clause 8 applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider.
8.2 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 8.3 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 8.4 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇▇▇://▇▇▇▇▇▇.▇▇ (▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇.▇▇)/government/uploads/system/upl oads/attachment_data/file/445915/Prevent_Duty_Guidance_For_Further _Education England Wales_-Interactive.pdf).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will also monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 8.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.,
8.12 The Provider will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Subsub-Contractorcontractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider SPI were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 Where, by virtue of being a ‘children’s home’ within the meaning of the Care Standards Act 2000, the person carrying on or managing the Special Post-16 Institution (“SPI”) is required to be registered with Ofsted, the Provider must comply with the Children’s Homes (England) Regulations 2015 (or such successor secondary legislation as may replace those Regulations) in respect of the SPI.
8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 8.12 Where it applies
8.11.1 8.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 8.12.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-anti- human trafficking provisions.
8.11.3 8.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 8.13 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 are included in the Sub-Sub- Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Education & Skills Agreement
LEARNER WELFARE. 8.1
15.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.all.
8.4 15.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).and
8.5 15.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.9 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.9.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.10 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 15.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 15.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.and
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 15.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 15.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales (2023) - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.9 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) Customer Help Portal where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.9.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.10 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) Customer Help Portal of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 15.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 15.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 15.11 Where it applies
8.11.1 15.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 15.11.2 The Provider must ensure that all Sub-Contracts Subcontracts that it enters into include an obligation for the Sub-Contractor Subcontractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 15.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 15.12 Where it applies, the Provider must comply with the Safeguarding Vulnerable Groups Act 2006 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
15.13 The Provider will, in circumstances where it Sub-Contracts Subcontracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 15 are included in the Sub-Contract Subcontract with each Sub-ContractorSubcontractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause clause 8 and Clause clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department Authority of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).section
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will also monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department Authority and Department Authority for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by Where the Provider or one of the Provider Related Parties in either Parties, refer:
(a) a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
(b) an allegation of abuse made against a teacher, lecturer or other member of staff to the following circumstances designated officer(s) (such at the local authority), the Provider must, as soon as practicable, inform the Authority via email. Such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where Where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 clause 8.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, the Provider will ensure it notifies the Authority via email of that incident(s) and/or that a referral has been made.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare health and safety in this Clause 8 are included in the Sub-Sub- Contract with the each Sub-Contractor.
Appears in 1 contract
Sources: Grant Agreement
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider College must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider College provides residential accommodation for Learners, the Provider College must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and will comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider College must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider College must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇))/government/publications/prevent-duty- guidance/prevent-duty-guidance-for-further-education-institutions-in- england-and-wales.
8.5 In providing the Services, the Provider College must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider College will monitor, and act on, any other harm to Learners to the extent that the Provider College could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider College will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider College and/or the Provider College Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider College will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider College or one of the Provider College Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider College will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider College or one of the Provider College Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider College or the Provider College Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider College Personnel for the purposes of determining whether that member of Provider College Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.,
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider College will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Subsub-Contract contract with each Subsub-Contractorcontractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 9.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 8 (Health & Safety) above, the Provider Contractor must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 9 and Clause 24 26 (Employees).
8.2 9.2 Where the Provider Contractor provides residential accommodation for Learners, the Provider Contractor must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 ▇▇▇ ▇▇▇▇ as if the Provider Contractor were a College (as defined by section 87(10) of the Children Act 1989).
8.3 9.3 In providing the Services, the Provider Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 9.4 In providing the Services, the Provider Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (▇▇▇ ▇▇▇▇ Prevent duty guidance: for further education institutions in England E ngland and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 9.5 In providing the Services, the Provider Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ (the Channel co-operation duty).
8.6 9.6 The Provider Contractor will monitor, and act on, any other harm to Learners to the extent that the Provider Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 9.7 The Provider Contractor will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 9.8 The Provider Contractor and/or the Provider Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 9.9 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider Contractor or one of the Provider Contractor Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 9.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 9.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 9.10 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education E ducation and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider Contractor or one of the Provider Contractor Related Parties:
8.10.1 9.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 9.3 or the ability of the Provider Contractor or the Provider Contractor Related Parties to comply with the Prevent duty, or
8.10.2 9.10.2 makes a referral of an individual member of Provider Contractor Personnel for the purposes of determining whether that member of Provider Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 9.11 Where it applies
8.11.1 9.11.1 The Provider Contractor must comply with the Modern Slavery Act 2015 ▇▇▇ ▇▇▇▇ and must have in place throughout the Agreement Contract Period policies and procedures to ensure full compliance.
8.11.2 9.11.2 The Provider Contractor must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 9.11.3 The Provider Contractor shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 9.12 The Provider Contractor will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this AgreementContract, ensure that all the provisions in respect of learner welfare in this Clause 8 9 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Contract for Services
LEARNER WELFARE. 8.1 15.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider Employer must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.2 Where the Provider Employer provides residential accommodation for Learners, the Provider Employer must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider Employer were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.3 In providing the Services, the Provider Employer must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 15.4 In providing the Services, the Provider Employer must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (( Prevent duty guidance: for further education institutions in England and Wales (2023) - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.5 In providing the Services, the Provider Employer must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.6 The Provider Employer will monitor, and act on, any other harm to Learners to the extent that the Provider Employer could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.7 The Provider Employer will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.8 The Provider Employer and/or the Provider Employer Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.9 The Provider Employer will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) Customer Help Portal where a referral has been made by the Provider Employer or one of the Provider Employer Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.9.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.10 The Provider Employer will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) Customer Help Portal of incident(s) and/or where a referral has been made, where the Provider Employer or one of the Provider Employer Related Parties:
8.10.1 15.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.3 or the ability of the Provider Employer or the Provider Employer Related Parties to comply with the Prevent duty, or
8.10.2 15.10.2 makes a referral of an individual member of Provider Employer Personnel for the purposes of determining whether that member of Provider Employer Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 15.11 Where it applies
8.11.1 15.11.1 The Provider Employer must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 15.11.2 The Provider Employer must ensure that all Sub-Contracts Subcontracts that it enters into include an obligation for the Sub-Contractor Subcontractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 15.11.3 The Provider Employer shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 15.12 Where it applies, the Employer must comply with the Safeguarding Vulnerable Groups Act 2006 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
15.13 The Provider Employer will, in circumstances where it Sub-Contracts Subcontracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 15 are included in the Sub-Contract Subcontract with each Sub-ContractorSubcontractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1
15.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.all.
8.4 15.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales (2023) - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.,
8.7 15.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.9 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.9.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.10 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 15.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 15.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
LEARNER WELFARE. 8.1 15.1 This clause applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider.
15.2 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.3 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.4 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, beliefs and promote principles that support equality of opportunity for all.
8.4 15.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (with Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.10.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 15.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 15.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 15.12 Where it applies
8.11.1 15.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 15.12.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 15.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 15.13 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 15 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Accountability Agreement
LEARNER WELFARE. 8.1 9.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 8 (Health & Safety) above, the Provider Contractor must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 9 and Clause 24 25 (Employees).
8.2 9.2 Where the Provider Contractor provides residential accommodation for Learners, the Provider Contractor must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider Contractor were a College college (as defined by section 87(10) of the Children Act 1989).
8.3 9.3 In providing the Services, the Provider Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 9.4 In providing the Services, the Provider Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales (2023) - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 9.5 In providing the Services, the Provider Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 9.6 The Provider Contractor will monitor, and act on, any other harm to Learners to the extent that the Provider Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 9.7 The Provider Contractor will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 9.8 The Provider Contractor and/or the Provider Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 9.9 The Provider Contractor will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) Customer Help Portal where a referral has been made by the Provider Contractor or one of the Provider Contractor Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 9.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 9.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 9.10 The Provider Contractor will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) Customer Help Portal of incident(s) and/or where a referral has been made, where the Provider Contractor or one of the Provider Contractor Related Parties:
8.10.1 9.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 9.3 or the ability of the Provider Contractor or the Provider Contractor Related Parties to comply with the Prevent duty, or
8.10.2 9.10.2 makes a referral of an individual member of Provider Contractor Personnel for the purposes of determining whether that member of Provider Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 9.11 Where it applies
8.11.1 9.11.1 The Provider Contractor must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Contract Period policies and procedures to ensure full compliance.
8.11.2 9.11.2 The Provider Contractor must ensure that all Sub-Contracts Subcontracts that it enters into include an obligation for the Sub-Contractor Subcontractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 9.11.3 The Provider Contractor shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 9.12 Where it applies, the Contractor must comply with the Safeguarding Vulnerable Groups Act 2006 and must have in place throughout the Contract Period policies and procedures to ensure full compliance.
9.13 The Provider Contractor will, in circumstances where it Sub-Contracts Subcontracts the management and/or delivery of the Services under this AgreementContract, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 9 are included in the Sub-Contract Subcontract with each Sub-ContractorSubcontractor.
Appears in 1 contract
Sources: Contract for Services
LEARNER WELFARE. 8.1 15.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider College must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 26 (Employees).
8.2 15.2 Where the Provider College provides residential accommodation for Learners, the Provider College must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and will comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.3 In providing the Services, the Provider College must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.individual
8.4 15.4 In providing the Services, the Provider College must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.5 In providing the Services, the Provider College must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.6 The Provider College will monitor, and act on, any other harm to Learners to the extent that the Provider College could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.7 The Provider College will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.8 The Provider College and/or the Provider College Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.9 The Provider College will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider College or one of the Provider College Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.9.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.10 The Provider College will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider College or one of the Provider College Related Parties:
8.10.1 15.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.3 or the ability of the Provider College or the Provider College Related Parties to comply with the Prevent duty, or
8.10.2 15.10.2 makes a referral of an individual member of Provider College Personnel for the purposes of determining whether that member of Provider College Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 15.11 Where it applies
8.11.1 15.11.1 The Provider College must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 15.11.2 The Provider College must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 15.11.3 The Provider College shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 15.12 The Provider College will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 15 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Accountability Agreement
LEARNER WELFARE. 8.1 9.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 8 (Health & Safety) above, the Provider Contractor must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 9 and Clause 24 26 (Employees).
8.2 9.2 Where the Provider Contractor provides residential accommodation for Learners, the Provider Contractor must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 ▇▇▇ ▇▇▇▇ as if the Provider Contractor were a College (as defined by section 87(10) of the Children Act 1989).
8.3 9.3 In providing the Services, the Provider Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 9.4 In providing the Services, the Provider Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (▇▇▇ ▇▇▇▇ Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 9.5 In providing the Services, the Provider Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ (the Channel co-operation duty).
8.6 9.6 The Provider Contractor will monitor, and act on, any other harm to Learners to the extent that the Provider Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 9.7 The Provider Contractor will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 9.8 The Provider Contractor and/or the Provider Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 9.9 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider Contractor or one of the Provider Contractor Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 9.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 9.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 9.10 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider Contractor or one of the Provider Contractor Related Parties:
8.10.1 9.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 9.3 or the ability of the Provider Contractor or the Provider Contractor Related Parties to comply with the Prevent duty, or
8.10.2 9.10.2 makes a referral of an individual member of Provider Contractor Personnel for the purposes of determining whether that member of Provider Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 9.11 Where it applies
8.11.1 9.11.1 The Provider Contractor must comply with the Modern Slavery Act 2015 ▇▇▇ ▇▇▇▇ and must have in place throughout the Agreement Contract Period policies and procedures to ensure full compliance.
8.11.2 9.11.2 The Provider Contractor must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 9.11.3 The Provider Contractor shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 9.12 The Provider Contractor will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this AgreementContract, ensure that all the provisions in respect of learner welfare in this Clause 8 9 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Contract for Services
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider SPI were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 Where, by virtue of being a ‘children’s home’ within the meaning of the Care Standards Act 2000, the person carrying on or managing the Special Post-16 Institution (“SPI”) is required to be registered with Ofsted, the Provider must comply with the Children’s Homes (England) Regulations 2015 (or such successor secondary legislation as may replace those Regulations) in respect of the SPI.
8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 ): a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 or an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 : is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 or makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 8.12 Where it applies
8.11.1 applies The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 . The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-anti- human trafficking provisions.
8.11.3 . The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 8.13 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Sub- Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Funding Agreement
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 9.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 8 (Health & Safety) above, the Provider Contractor must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 9 and Clause 24 26 (Employees).
8.2 9.2 Where the Provider Contractor provides residential accommodation for Learners, the Provider Contractor must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider Contractor were a College (as defined by section 87(10) of the Children Act 1989).
8.3 9.3 In providing the Services, the Provider Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 9.4 In providing the Services, the Provider Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 9.5 In providing the Services, the Provider Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 9.6 The Provider Contractor will monitor, and act on, any other harm to Learners to the extent that the Provider Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 9.7 The Provider Contractor will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 9.8 The Provider Contractor and/or the Provider Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 9.9 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider Contractor or one of the Provider Contractor Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 9.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 9.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 9.10 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider Contractor or one of the Provider Contractor Related Parties:
8.10.1 9.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 9.3 or the ability of the Provider Contractor or the Provider Contractor Related Parties to comply with the Prevent duty, or
8.10.2 9.10.2 makes a referral of an individual member of Provider Contractor Personnel for the purposes of determining whether that member of Provider Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 9.11 Where it applies
8.11.1 9.11.1 The Provider Contractor must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Contract Period policies and procedures to ensure full compliance.
8.11.2 9.11.2 The Provider Contractor must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 9.11.3 The Provider Contractor shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 9.12 The Provider Contractor will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this AgreementContract, ensure that all the provisions in respect of learner Learner welfare in this Clause 8 9 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Contract for Services
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider SPI were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 Where, by virtue of being a ‘children’s home’ within the meaning of the Care Standards Act 2000, the person carrying on or managing the Special Post-16 Institution (“SPI”) is required to be registered with Ofsted, the Provider must comply with the Children’s Homes (England) Regulations 2015 (or such successor secondary legislation as may replace those Regulations) in respect of the SPI.
8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇▇▇://▇▇▇▇▇▇.▇▇ (▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇.▇▇)/government/uploads/system/uploads/a ttachment_data/file/445915/Prevent_Duty_Guidance_For_Further_Education England Wales_-Interactive.pdf).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will also monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇://▇▇▇.▇▇▇.▇▇) /government/organisations/education-and-skills- funding-agency of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Subsub-Contracts contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract sub- contract with each Subsub-Contractorcontractor.
Appears in 1 contract
Sources: Funding Agreement
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider Employer must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider Employer provides residential accommodation for Learners, the Provider Employer must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider Employer were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider Employer must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider Employer must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 In providing the Services, the Provider Employer must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider Employer will monitor, and act on, any other harm to Learners to the extent that the Provider Employer could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider Employer will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider Employer and/or the Provider Employer Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider Employer will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider Employer or one of the Provider Employer Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider Employer will ensure it notifies the Department via the Contact Form: General Enquires at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider Employer or one of the Provider Employer Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider Employer or the Provider Employer Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Employer Personnel for the purposes of determining whether that member of Provider Employer Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider Employer must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider Employer must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-anti- human trafficking provisions.
8.11.3 The Provider Employer shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider Employer will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Sub- Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1
9.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 8 (Health & Safety) above, the Provider Contractor must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 9 and Clause 24 25 (Employees).
8.2 9.2 Where the Provider Contractor provides residential accommodation for Learners, the Provider Contractor must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider Contractor were a College (as defined by section 87(10) of the Children Act 1989).
8.3 9.3 In providing the Services, the Provider Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.all.
8.4 9.4 In providing the Services, the Provider Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).and
8.5 9.5 In providing the Services, the Provider Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 9.6 The Provider Contractor will monitor, and act on, any other harm to Learners to the extent that the Provider Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 9.7 The Provider Contractor will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 9.8 The Provider Contractor and/or the Provider Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 9.9 The Provider Contractor will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider Contractor or one of the Provider Contractor Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 9.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 9.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 9.10 The Provider Contractor will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider Contractor or one of the Provider Contractor Related Parties:
8.10.1 9.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 9.3 or the ability of the Provider Contractor or the Provider Contractor Related Parties to comply with the Prevent duty, or
8.10.2 9.10.2 makes a referral of an individual member of Provider Contractor Personnel for the purposes of determining whether that member of Provider Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.Counter-
Appears in 1 contract
Sources: Contract for Services
LEARNER WELFARE. 8.1 9.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 8 (Health & Safety) above, the Provider Contractor must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 9 and Clause 24 26 (Employees).
8.2 9.2 Where the Provider Contractor provides residential accommodation for Learners, the Provider Contractor must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 ▇▇▇ ▇▇▇▇ as if the Provider Contractor were a College (as defined by section 87(10) of the Children Act 1989).
8.3 9.3 In providing the Services, the Provider Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 9.4 In providing the Services, the Provider Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (▇▇▇ ▇▇▇▇ Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 9.5 In providing the Services, the Provider Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ (the Channel co-operation duty).
8.6 9.6 The Provider Contractor will monitor, and act on, any other harm to Learners to the extent that the Provider Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 9.7 The Provider Contractor will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 9.8 The Provider Contractor and/or the Provider Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 9.9 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider Contractor or one of the Provider Contractor Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 9.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 9.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 9.10 The Provider Contractor will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider Contractor or one of the Provider Contractor Related Parties:
8.10.1 9.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 9.3 or the ability of the Provider Contractor or the Provider Contractor Related Parties to comply with the Prevent duty, or
8.10.2 9.10.2 makes a referral of an individual member of Provider Contractor Personnel for the purposes of determining whether that member of Provider Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 ▇▇▇ ▇▇▇▇ of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 9.11 Where it applies
8.11.1 9.11.1 The Provider Contractor must comply with the Modern Slavery Act 2015 ▇▇▇ ▇▇▇▇ and must have in place throughout the Agreement Contract Period policies and procedures to ensure full compliance.
8.11.2 9.11.2 The Provider Contractor must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 9.11.3 The Provider Contractor shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 9.12 The Provider Contractor will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this AgreementContract, ensure that all the provisions in respect of learner welfare in this Clause 8 9 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Contract for Services
LEARNER WELFARE. 8.1
15.1 This clause applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider.
15.2 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.3 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.4 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.all.
8.4 15.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales (2023) - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.10 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.10.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.11 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 15.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 15.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Counter- Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 8.12 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 8.13 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 8.14 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1
15.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.2 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation accommodation, must record this information on Get Information about Schools and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider SPI were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.3 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for allall.
15.4 Where, by virtue of being a ‘children’s home’ within the meaning of the Care Standards Act 2000, the person carrying on or managing the Special Post-16 Institution (“SPI”) is required to be registered with Ofsted, the Provider must comply with the Children’s Homes (England) Regulations 2015 (or such successor secondary legislation as may replace those Regulations) in respect of the SPI.
8.4 15.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales (2023) - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.harm
8.7 15.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.10 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.10.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.11 The Provider will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 15.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 15.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 15.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Master Agreement
LEARNER WELFARE. 8.1
15.1 In addition to its statutory health and safety responsibilities as referred to in Clause 7 14 (Health & Safety) above, the Provider Employer must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 15 and Clause 24 27 (Employees).
8.2 15.2 Where the Provider Employer provides residential accommodation for Learners, the Provider Employer must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children Children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider Employer were a College (as defined by section 87(10) of the Children Act 1989).
8.3 15.3 In providing the Services, the Provider Employer must ensure it actively promotes the fundamental British values of democracy, the rule of lawLaw, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.all.
8.4 15.4 In providing the Services, the Provider Employer must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (Prevent duty guidance: for further education institutions in England and Wales (2023) - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 15.5 In providing the Services, the Provider Employer must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 15.6 The Provider Employer will monitor, and act on, any other harm to Learners to the extent that the Provider Employer could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 15.7 The Provider Employer will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 15.8 The Provider Employer and/or the Provider Employer Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 15.9 The Provider Employer will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquiries at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider Employer or one of the Provider Employer Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 15.9.1 a safeguarding concern related to sexual violence to Local Authority childrenChildren’s social care/adult social care and/or the police, or
8.9.2 15.9.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 15.10 The Provider Employer will ensure it notifies the Department via the Contact FormCustomer Help Portal: General Enquires at Education and Skills Funding Agency Home - Customer Help Portal (▇▇▇.▇▇ (▇▇▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider Employer or one of the Provider Employer Related Parties:
8.10.1 15.10.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, orin
8.10.2 15.10.2 makes a referral of an individual member of Provider Employer Personnel for the purposes of determining whether that member of Provider Employer Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 Where it applies
8.11.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions.
8.11.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
LEARNER WELFARE. 8.1 This Clause 8 applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider.
8.2 In addition to its statutory health and safety responsibilities as referred to in Clause 7 (Health & Safety) above, the Provider must ensure that the Services are delivered in safe, healthy and supportive environments, which meet the needs of Learners in accordance with this Clause 8 and Clause 24 (Employees).
8.2 8.3 Where the Provider provides residential accommodation for Learners, the Provider must inform the Department of the provision of such residential accommodation and comply with the requirements of the national minimum standards for residential accommodation for children in Colleges published from time to time by the Secretary of State under section 87C of the Children Act 1989 as if the Provider were a College (as defined by section 87(10) of the Children Act 1989).
8.3 8.4 In providing the Services, the Provider must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all.
8.4 8.5 In providing the Services, the Provider must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 (with Prevent duty guidance: for further education institutions in England E ngland and Wales - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇)).
8.5 8.6 In providing the Services, the Provider must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty).
8.6 8.7 The Provider will monitor, and act on, any other harm to Learners to the extent that the Provider could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment.
8.7 8.8 The Provider will co-operate with the Department and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect of those Learners to which it applies.
8.8 8.9 The Provider and/or the Provider Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken.
8.9 8.10 The Provider will ensure it notifies the Department via the Contact Form: General Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) where a referral has been made by the Provider or one of the Provider Related Parties in either of the following circumstances (such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police):
8.9.1 8.10.1 a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or
8.9.2 8.10.2 an allegation of abuse made against a teacher, lecturer or other member of staff to the designated officer(s) (at the local authority).
8.10 8.11 The Provider will ensure it notifies the Department via the Contact Form: General Enquires Enquiries at Education and Skills Funding Agency - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) of incident(s) and/or where a referral has been made, where the Provider or one of the Provider Related Parties:
8.10.1 8.11.1 is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in Clause 8.3 8.4 or the ability of the Provider or the Provider Related Parties to comply with the Prevent duty, or
8.10.2 8.11.2 makes a referral of an individual member of Provider Personnel for the purposes of determining whether that member of Provider Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism.
8.11 8.12 Where it applies
8.11.1 8.12.1 The Provider must comply with the Modern Slavery Act 2015 and must have in place throughout the Agreement Period policies and procedures to ensure full compliance.
8.11.2 8.12.2 The Provider must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-anti- slavery and anti-human trafficking provisions.
8.11.3 8.12.3 The Provider shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.
8.12 8.13 The Provider will, in circumstances where it Sub-Contracts the management and/or delivery of the Services under this Agreement, ensure that all the provisions in respect of learner welfare in this Clause 8 are included in the Sub-Contract with each Sub-Contractor.
Appears in 1 contract
Sources: Conditions of Funding (Grant)