Subcontracting Policy

1. Purpose
   KnowledgeBrief Limited is committed to ensuring that all subcontracted delivery is undertaken in a manner that upholds the organisation's values, strategic objectives and commitment to educational excellence. Where subcontracting arrangements are established, KnowledgeBrief retains full responsibility and accountability for the quality of provision, the learner experience and the management of public funds.
   
   This policy establishes the governance framework through which subcontracted provision is approved, managed and monitored. It sets out the principles that underpin subcontracting activity and defines the responsibilities of both KnowledgeBrief and its subcontracting partners in ensuring that all provision is delivered in accordance with contractual obligations, regulatory requirements and recognised standards of quality.
   
   KnowledgeBrief recognises that subcontracting is not a mechanism for organisational growth alone, but a strategic decision intended to enhance learner outcomes, widen access to specialist expertise and respond effectively to employer and regional skills needs. Any subcontracting arrangement must therefore demonstrate clear educational benefit, provide value for money and support the organisation's long-term strategic objectives.
   
   The organisation will only enter into subcontracting arrangements where it is satisfied that appropriate governance, quality assurance and financial controls can be maintained throughout the duration of the agreement.
   1. Scope
      This policy applies to all subcontracted education and training provision delivered on behalf of KnowledgeBrief, irrespective of funding stream, geographical location or delivery model.
      The policy applies to:
      
      • all Directors of KnowledgeBrief;
      • members of the Senior Management Team;
      • managers responsible for quality, curriculum, finance and compliance;
      • employees involved in the procurement, monitoring or management of subcontracted provision;
      • all organisations contracted to deliver education or training on behalf of KnowledgeBrief.
      
      This policy should be read alongside the organisation's Quality Assurance Policy, Safeguarding Policy, Data Protection Policy, Financial Regulations, Risk Management Policy, Conflict of Interest Policy and any contractual documentation relating to subcontracted delivery.
   
   
   2. Definitions
      For the purposes of this policy, the following definitions apply:
      Subcontractor
      An organisation contracted by KnowledgeBrief to deliver education or training provision on its behalf under a formal subcontract agreement.
      
      Lead Provider
      KnowledgeBrief Limited, which retains overall responsibility and accountability for the quality, compliance and funding of all subcontracted provision.
      
      Learner
      Any individual enrolled on education or training provision delivered directly by KnowledgeBrief or through an approved subcontractor.
      
      Public Funds
      Funding provided by the Department for Education or any other public funding body to support education and training provision.
      
      Quality Assurance
      The systems and processes used to monitor, evaluate and improve the quality of education, learner outcomes and compliance with contractual and regulatory requirements.
      
      Due Diligence
      The process undertaken by KnowledgeBrief to assess the suitability, capability, financial resilience and regulatory compliance of prospective subcontractors prior to appointment and throughout the duration of the subcontract.


2. Policy Statement
   KnowledgeBrief is committed to ensuring that all subcontracted provision is delivered to the same standards of quality, integrity and professionalism expected across its directly delivered programmes.
   
   The organisation recognises that responsibility for publicly funded education cannot be transferred through contractual arrangements. Whilst delivery may be undertaken by an approved subcontractor, accountability for learner outcomes, funding compliance, quality assurance and statutory obligations remains with KnowledgeBrief at all times.
   
   Subcontracting arrangements will only be established where they provide demonstrable strategic and educational value. Decisions to subcontract will be based upon clear evidence that such arrangements enhance learner outcomes, provide access to specialist expertise, address identified skills needs or improve the learner experience.
   
   KnowledgeBrief will not enter into subcontracting arrangements solely for financial gain, geographical expansion or to increase contract value where no measurable benefit to learners or employers can be demonstrated.
   
   All subcontractors are expected to operate in a manner consistent with the values of KnowledgeBrief, demonstrating professionalism, integrity, transparency and a commitment to continuous improvement. Failure to meet these standards may result in enhanced monitoring, contractual intervention or termination of the subcontracting agreement.
   
   
   1. Legislative and Regulatory Framework
      This policy has been developed with reference to current legislation, funding requirements and recognised good practice, including where applicable:
      
      • Department for Education (DfE) funding rules;
      • Adult Skills Fund Funding Rules;
      • Apprenticeship Funding Rules (where applicable);
      • Education Inspection Framework (Ofsted);
      • UK General Data Protection Regulation (UK GDPR);
      • Data Protection Act 2018;
      • Equality Act 2010;
      • Counter-Terrorism and Security Act 2015 (Prevent Duty);
      • Keeping Children Safe in Education (where applicable);
      • Department for Education subcontracting guidance.
      
      KnowledgeBrief will review this policy whenever significant legislative or regulatory changes occur.


3. Principles of Subcontracting
   KnowledgeBrief has adopted the following principles to govern all subcontracted activity.
   
   Learner Focus
   The interests of learners will remain the primary consideration in all subcontracting decisions. Every arrangement must contribute positively to the quality of education, learner support and successful outcomes.
   
   Accountability
   KnowledgeBrief accepts full accountability for all subcontracted provision delivered in its name. Effective governance, oversight and assurance arrangements will therefore remain in place throughout the duration of every subcontract.
   
   Quality
   Subcontracted provision will be subject to the same expectations, quality standards and continuous improvement processes as directly delivered provision. Learners should experience no discernible difference in quality regardless of the organisation responsible for delivery.
   
   Integrity
   KnowledgeBrief will conduct all subcontracting activity openly, fairly and transparently. Procurement, contract management and financial arrangements will be undertaken ethically and in accordance with organisational policies and regulatory requirements.
   
   Value for Money
   Public funding must be managed responsibly. Management fees retained by KnowledgeBrief will reflect genuine management, quality assurance and compliance activity and will remain transparent to subcontracting partners.
   
   Continuous Improvement
   KnowledgeBrief is committed to fostering collaborative relationships with subcontractors that promote innovation, professional development and the sharing of effective practice. Performance monitoring will focus not only on compliance but on achieving sustained improvement in learner outcomes.


4. Governance and Accountability
   KnowledgeBrief recognises that effective governance is fundamental to the successful management of subcontracted provision. Whilst elements of programme delivery may be delegated to an approved subcontractor, responsibility for the quality of provision, learner outcomes, compliance with funding requirements and the appropriate use of public funds remains with KnowledgeBrief.
   
   The Board of Directors retains ultimate accountability for the organisation's subcontracting strategy and will ensure that subcontracting activity aligns with the organisation's strategic objectives, risk appetite and commitment to delivering high-quality education and training.
   
   The Board will:
   
   • Approve all subcontracting arrangements prior to contract award. No subcontracting agreement may be entered into without the formal approval of the Executive Board
   • approve the organisation's subcontracting strategy and this policy;
   • receive assurance regarding the quality and performance of subcontracted provision;
   • oversee organisational risks associated with subcontracting activity;
   • ensure appropriate governance arrangements are maintained; and
   • satisfy itself that subcontracting arrangements continue to deliver demonstrable value for learners, employers and the wider organisation.
   
   Operational responsibility for implementing this policy rests with the Senior Management Team, who will ensure that appropriate systems of governance, monitoring and assurance are maintained throughout the duration of every subcontracting arrangement.
   
   Managers responsible for quality, compliance, finance and curriculum will work collaboratively to ensure that subcontracted delivery is monitored effectively and that emerging risks are identified and addressed promptly.
   
   KnowledgeBrief will maintain clear lines of accountability, ensuring that responsibilities for monitoring subcontractors are documented, understood and regularly reviewed.
   
   Regular performance reports relating to subcontracted provision will be considered by the Senior Management Team and escalated to the Board where significant risks, compliance concerns or quality issues are identified.


5. Strategic Rationale for Subcontracting
   KnowledgeBrief will only enter into subcontracting arrangements where there is a clearly defined strategic rationale that supports the organisation's mission and delivers measurable benefits for learners and employers.
   
   Subcontracting will not be used solely to increase organisational income, expand market share or acquire additional funding where such arrangements do not enhance the quality or accessibility of education and training.
   
   Appropriate reasons for subcontracting may include, but are not limited to:
   
   • providing access to specialist occupational or technical expertise;
   • responding to identified employer or sector-specific skills shortages;
   • extending provision into geographical areas where KnowledgeBrief does not currently operate directly;
   • improving access for disadvantaged or under-represented learner groups;
   • enhancing learner choice through specialist curriculum delivery;
   • accessing specialist facilities, equipment or resources unavailable within the organisation; and
   • supporting innovation through collaboration with organisations possessing recognised expertise.
   
   Prior to approving any subcontracting arrangement, KnowledgeBrief will undertake an assessment of the educational, financial and operational benefits to ensure that the proposed arrangement represents an appropriate and proportionate use of public funding.
   Where these benefits cannot be clearly demonstrated, subcontracting will not proceed.


6. Due Diligence and Selection of Subcontractors
   KnowledgeBrief will only appoint subcontractors that demonstrate the organisational capability, financial resilience and educational quality required to deliver provision on behalf of the organisation.
   
   Prior to entering into any subcontracting arrangement, KnowledgeBrief will undertake a comprehensive due diligence assessment to determine whether the prospective subcontractor is capable of meeting contractual, regulatory and quality requirements.
   
   Due diligence is an ongoing process and will be reviewed at least annually, or more frequently where changes in organisational circumstances, performance or risk warrant further assessment.
   
   Procurement
   KnowledgeBrief will ensure that subcontractors are selected through fair, transparent and objective procurement processes.
   
   Selection decisions will be based upon evidence and will consider educational quality, learner benefit, organisational capability, financial resilience and value for money. No organisation will be appointed solely on the basis of cost.
   
   Where applicable, procurement activity will comply with relevant legislation and Department for Education funding requirements.
   
   Due Diligence Requirements
   As a minimum, KnowledgeBrief will assess:
   
   • legal status and organisational structure;
   • governance and leadership arrangements;
   • financial health and sustainability;
   • previous experience of delivering publicly funded provision;
   • quality assurance arrangements;
   • safeguarding and Prevent compliance;
   • equality, diversity and inclusion;
   • data protection and information security;
   • staffing, qualifications and occupational competence;
   • learner support arrangements;
   • business continuity planning;
   • insurance cover;
   • organisational policies and procedures.
   
   KnowledgeBrief reserves the right to undertake site visits, request additional documentation or seek independent assurance before approving any subcontracting arrangement.
   
   Financial Assessment
   Financial due diligence may include:
   
   • statutory accounts;
   • management accounts;
   • cash flow forecasts;
   • Companies House records;
   • independent credit reports;
   • confirmation of appropriate insurance.
   
   KnowledgeBrief will consider whether there is evidence of financial instability, insolvency proceedings or any other circumstance that may affect the subcontractor's ability to fulfil its contractual obligations.
   
   Where appropriate, KnowledgeBrief will assess subcontractors against the Department for Education's Funding Higher Risk Organisations requirements.
   
   Conflicts of Interest
   KnowledgeBrief will identify, declare and manage any actual, potential or perceived conflicts of interest prior to awarding a subcontract.
   
   All procurement decisions will be made objectively and in accordance with the organisation's Conflict of Interest Policy.
   
   Appointment
   Completion of due diligence does not guarantee appointment.
   KnowledgeBrief will only approve subcontractors that demonstrate the governance, capability, financial resilience and commitment to quality expected of organisations delivering provision on its behalf.


7. Contractual Arrangements
   KnowledgeBrief will ensure that a formal written subcontract is in place before any subcontracted activity commences. No learner recruitment, enrolment, delivery or claim for funding may take place until both parties have executed the agreement and all pre-contract due diligence requirements have been satisfactorily completed.
   
   The subcontract agreement forms the basis of the commercial and operational relationship between KnowledgeBrief and the subcontractor. It establishes the respective responsibilities of each party and provides the framework through which quality, compliance and performance will be monitored throughout the duration of the contract.
   
   KnowledgeBrief will ensure that all subcontract agreements accurately reflect current Department for Education funding rules, contractual obligations and regulatory requirements. Contracts will be reviewed whenever funding rules or legislative requirements change to ensure continued compliance.
   
   Contract Requirements
   Each subcontract agreement will include, as appropriate:
   
   • scope of delivery;
   • learner eligibility requirements;
   • funding and payment arrangements;
   • management fees;
   • quality assurance expectations;
   • performance measures;
   • reporting requirements;
   • safeguarding responsibilities;
   • data protection obligations;
   • audit rights;
   • complaints procedures;
   • contract variation arrangements;
   • termination provisions.
   
   KnowledgeBrief will review contractual documentation whenever changes to funding rules or legislation require amendments.
   
   Responsibilities of the Subcontractor
   Subcontractors are expected to deliver provision in accordance with the terms of the subcontract and all applicable funding and regulatory requirements.
   
   The subcontractor will:
   
   • maintain appropriate staffing, facilities and learning resources;
   • deliver high-quality teaching, learning and assessment;
   • maintain accurate learner records;
   • provide timely and accurate management information;
   • cooperate fully with monitoring and audit activity;
   • notify KnowledgeBrief immediately of any significant organisational, financial, operational or compliance issue that may affect delivery, including but not limited to fraud, suspected fraud, insolvency, cyber security incidents, data breaches, safeguarding concerns, funding irregularities or any other serious incident
   • comply with all policies specified within the subcontract agreement.
   
   Subcontractors remain responsible for the operational delivery of learning but acknowledge that KnowledgeBrief retains overall accountability for the provision delivered under its funding agreements.
   
   Access and Audit
   KnowledgeBrief, the Department for Education, funding assurance bodies, awarding organisations and any authorised external auditors shall have the right to access the subcontractor's premises, learner records, financial information and supporting documentation where reasonably required to verify compliance with contractual and funding obligations.
   
   Subcontractors will maintain complete, accurate and auditable records throughout the contractual period and for the period required under applicable funding rules.
   
   Failure to provide timely access to records or personnel may be treated as a breach of contract.
   
   Each subcontracting arrangement will have a designated KnowledgeBrief Contract Manager who will act as the primary point of contact and be responsible for overseeing contract performance, compliance, quality assurance, risk management and the ongoing relationship with the subcontractor
   
   The subcontractor must not subcontract any part of the provision or its contractual obligations to a third party without the prior written consent of KnowledgeBrief. As a general principle, further subcontracting is prohibited.
   
   Contract Monitoring
   KnowledgeBrief recognises that effective contract management extends beyond the execution of a written agreement.
   
   Throughout the duration of the subcontract, designated managers will maintain regular communication with subcontractors to review performance, learner outcomes, financial performance, compliance and emerging risks.
   
   Formal contract review meetings will normally take place at least quarterly, although meetings may be held more frequently where the scale of delivery or assessed level of risk requires enhanced oversight.
   
   Contract Variation and Termination
   KnowledgeBrief reserves the right to vary, suspend or terminate a subcontract where:
   
   • contractual obligations are not fulfilled;
   • funding rules are breached;
   • quality standards fall below acceptable levels;
   • safeguarding concerns are identified;
   • financial viability becomes compromised;
   • material organisational changes affect delivery;
   • improvement actions are not completed within agreed timescales.
   
   Where performance concerns are identified, KnowledgeBrief will ordinarily seek to work collaboratively with the subcontractor through an agreed improvement plan before exercising contractual termination rights. However, the organisation reserves the right to terminate a subcontract immediately where there is evidence of fraud, serious safeguarding concerns, significant funding irregularities or any matter that places learners or public funds at unacceptable risk.


8. Quality Assurance and Performance Management
   KnowledgeBrief is committed to ensuring that all subcontracted provision is delivered to the same standards of quality, integrity and professionalism expected across directly delivered programmes. The organisation recognises that responsibility for assuring the quality of education and training cannot be delegated through subcontracting arrangements and therefore retains overall accountability for the learner experience, educational outcomes and compliance with contractual and funding obligations.
   
   KnowledgeBrief will operate a proportionate and risk-based quality assurance framework to monitor the effectiveness of subcontracted delivery throughout the duration of each contract. Monitoring activity will be determined by the scale, complexity and level of risk associated with each subcontractor and will be reviewed periodically to ensure that assurance arrangements remain appropriate.
   
   Quality assurance activity may include, but is not limited to:
   
   • scheduled and unscheduled monitoring visits;
   • observations of teaching, learning and assessment;
   • learner file and funding compliance audits;
   • sampling of assessment and internal quality assurance practice;
   • learner and employer feedback;
   • review of performance data and key performance indicators;
   • curriculum review meetings;
   • standardisation and moderation activities; and
   • validation of self-assessment and quality improvement planning.
   
   KnowledgeBrief expects subcontractors to maintain effective internal quality assurance arrangements and to actively engage with all monitoring and review activity. Subcontractors must provide timely access to learner records, management information, staff and premises where reasonably requested to support quality assurance, audit or funding assurance activity.
   
   Performance will be monitored against agreed contractual measures and may include learner recruitment, retention, attendance, achievement, timely achievement, learner satisfaction, employer satisfaction, compliance with funding requirements and the accuracy and timeliness of management information.
   
   Where monitoring identifies areas requiring improvement, KnowledgeBrief will work collaboratively with the subcontractor to agree appropriate corrective actions and reasonable timescales for implementation. Improvement activity will be monitored through regular review meetings until satisfactory progress has been demonstrated.
   
   Where significant concerns are identified relating to educational quality, contractual compliance, financial assurance or organisational performance, KnowledgeBrief reserves the right to implement enhanced monitoring arrangements, require formal improvement plans, suspend learner recruitment or exercise contractual remedies where appropriate.
   
   Serious concerns relating to safeguarding, fraud, funding irregularities or learner welfare may result in immediate intervention and, where necessary, termination of the subcontracting arrangement.
   
   KnowledgeBrief is committed to promoting a culture of continuous improvement and expects subcontractors to contribute positively to the sharing of good practice, innovation and the ongoing enhancement of learner outcomes across all provision delivered on behalf of the organisation.


9. Financial Management
   KnowledgeBrief is committed to ensuring that public funds are managed responsibly, transparently and in accordance with Department for Education funding requirements.
   
   Management fees retained by KnowledgeBrief will reflect the genuine costs associated with managing subcontracted provision and may include:
   
   • contract management;
   • quality assurance;
   • funding compliance;
   • audit activity;
   • safeguarding support;
   • management information services;
   • learner data management;
   • curriculum support;
   • staff development.
   
   Financial arrangements will be clearly documented within each subcontract agreement.
   
   KnowledgeBrief will maintain accurate financial records demonstrating the basis upon which management fees have been calculated and the services provided in return.
   
   The organisation will monitor subcontractor financial performance throughout the contractual period and may seek additional financial assurance where concerns regarding financial sustainability arise.
   
   Where required, KnowledgeBrief will publish information relating to subcontracting fees and charges in accordance with Department for Education funding requirements.


10. Safeguarding, Prevent and Learner Welfare
    KnowledgeBrief is committed to providing a safe, inclusive and supportive learning environment for all learners, regardless of whether provision is delivered directly or through a subcontracting partner.
    
    Subcontractors are required to demonstrate effective safeguarding arrangements that comply with current legislation and statutory guidance. This includes maintaining appropriate safeguarding and Prevent policies, appointing a suitably trained Designated Safeguarding Lead (DSL), ensuring staff receive regular safeguarding and Prevent training, and operating effective procedures for identifying, reporting and managing safeguarding concerns.
    
    KnowledgeBrief will monitor safeguarding arrangements through its quality assurance framework and reserves the right to undertake additional assurance activity where concerns are identified.
    
    Any safeguarding incident, Prevent concern or serious learner welfare issue must be reported to KnowledgeBrief immediately in accordance with contractual requirements.


11. Information Governance and Data Protection
    KnowledgeBrief recognises its responsibility to protect the confidentiality, integrity and security of learner and organisational information.
    
    Subcontractors are required to comply with all applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, and must maintain appropriate technical and organisational measures to protect personal data.
    
    Information shared between KnowledgeBrief and subcontractors will be limited to that necessary for the delivery and management of funded provision and will be governed by formal contractual and data sharing arrangements.
    
    Any actual or suspected data breach affecting KnowledgeBrief learners or information must be reported immediately in accordance with contractual requirements.


12. Risk Management and Business Continuity
    KnowledgeBrief adopts a proactive approach to identifying, assessing and managing risks associated with subcontracted provision.
    
    Each subcontractor will be subject to an initial risk assessment before appointment and will be reviewed periodically throughout the contractual period. Risk assessments will consider matters including financial stability, educational quality, learner outcomes, safeguarding, organisational capability, compliance history and business continuity arrangements.
    
    Monitoring activity will be proportionate to the level of risk identified.
    
    Subcontractors are required to maintain appropriate business continuity arrangements to minimise disruption to learners in the event of unforeseen circumstances.
    
    Where risks increase or organisational circumstances change significantly, KnowledgeBrief may implement enhanced monitoring, require additional assurance or review the continued suitability of the subcontracting arrangement.


13. Policy Monitoring and Review
    KnowledgeBrief will review the effectiveness of this policy on an annual basis, or sooner where changes to legislation, funding rules or organisational requirements make this necessary.
    
    The policy will also be reviewed following significant changes to subcontracting activity, external audit findings, funding assurance reviews or recommendations arising from internal quality assurance processes.
    
    Any amendments will be approved in accordance with the organisation's governance arrangements.