Ofqual issues £50k fine to EPAO but owner refuses to pay

An awarding body that accused Ofqual of unfairly driving it out of the apprenticeship assessment market has vowed to not pay a £50,000 fine imposed by the regulator.

Qualifications for Industry (QFI) surrendered its recognition with Ofqual last year and all 17 of the company’s full-time staff lost their jobs as the firm went dormant in March.

QFI’s owner Richard McClelland previously told FE Week the decision to close followed a “traumatic” six-month investigation into the company’s capacity and capability that left him feeling suicidal and drove his responsible officer to stress medication.

Ofqual today published a monetary penalty notice following a review of the case by the regulator’s enforcement panel.

The regulator claimed QFI breached a special condition placed on the company in 2021 which said that no more than 200 learners in total were at any one time allowed to be registered to take its qualifications and no more than 200 learners in total could take assessments for its qualifications in any 12-month period.

QFI did not dispute that these volumes had been exceeded but alleged that the regulator misled the organisation into believing that this special condition had been lifted. 

The company also argued that the 200 cap only applied to the qualifications and apprenticeships it first gained recognition for, not the many other courses it was recognised for through later expansion requests.

Ofqual’s enforcement panel, which is made up of its own employees and board members, ruled that QFI either “wilfully breached the special condition or was grossly negligent in assuming that the special condition no longer applied”, adding that there was a “significant failure of governance at QFI”.

The regulator’s enforcement panel considered whether to reduce the £50,000 fine amount in light of QFI’s decision to surrender, but it ultimately decided this would not be “appropriate” as Ofqual’s “fining power” would be “less of a deterrent if awarding organisations believed they could operate in a non-compliant manner and surrender recognition to avoid a monetary penalty”.

McClelland said Ofqual was using QFI as a “sacrificial lamb” and said he does not “intend” to pay the fine.

He told FE Week: “We continue to refute all allegations made by Ofqual. The decision to fine QFI is just that of a kangaroo court made up of internal people making decisions to support internal processes. We do not intend to pay the fine. We will be seeking legal advice in relation to how to take things forward.”

Other AOs warned of ‘fining power’

QFI entered the end-point assessment organisation (EPAO) market in 2015 to offer specialist apprenticeship assessments in areas such as civil engineering and engineering construction.

McClelland said his firm operated successfully under the regulation of the Education and Skills Funding Agency when it was listed as an EPAO for around 60 apprenticeship standards, but this changed after the 2020 decision whereby all EPAOs would need to gain recognition as an Ofqual-approved awarding body.

QFI gained Ofqual recognition in February 2021 but opted to go through the process in batches of standards.

The 200 cap was imposed by Ofqual from this point because it “considered there was an unacceptable risk that QFI might not have the resources or capacity to develop, deliver, and award qualifications which complied with the general conditions of recognition beyond a certain level of demand”.

QFI could however apply to “vary” the restrictions at any time.

Ofqual’s enforcement panel investigation found “no evidence that QFI had submitted a request to Ofqual for a variation of the thresholds” and therefore the “cap of 200 registered learners was not varied at any time”, according to today’s report.

Despite this, QFI exceeded the restriction by allowing 848 learners to be registered as of 30 April 2023 and broke the cap by assessing 237 learners in the period January 2023 to 13 July 2023.

QFI claimed it was led to believe the cap had lapsed because Ofqual did not carry out a promised review of the special condition 12 months after it was put in place.

It also and pointed out the regulator was aware the company may exceed the cap based on detailed forecasting it signed off on through successful expansion requests. QFI also argued that the cap did not apply to standards later recognised through those expansion requests.

The company claimed the special condition was only belatedly re-issued at a time when its numbers were in excess of the cap.

Ofqual’s enforcement panel hit back, stating that the special condition states “plainly that the restriction applies to QFI’s qualifications” and was not “confined to qualifications recognised at the point of recognition or any other specific point”.

Today’s report said the panel “does not consider that it is possible sustainably and realistically to interpret the condition in the way suggested by QFI”.

The panel also said even if Ofqual wrongly failed to review the special conditions, this would “not affect the application of those conditions or Ofqual’s ability to enforce those conditions, and nor would it provide a defence for QFI”.

“This is because, under Ofqual’s framework, unless the condition itself specifies a sunset provision (i.e. a provision stating the condition would expire on a set date) a special condition will remain in place until Ofqual decides to remove or vary that condition,” the report added.

August 2022 meeting notes also allegedly demonstrate QFI was aware it had not received notification about the removal of the special conditions and the company’s advisory board recommended it should seek formal notification that the conditions had been lifted, but this step was never taken.

No money left

QFI was served with an investigation report in November 2023 that detailed several alleged Ofqual breaches and imposed new conditions, including a public statement that it can’t register apprentices without special permission going forward.

McClelland said this would have left his business untenable and decided to close it down. He told FE Week there are no funds left in the company even if it agreed to pay the fine.

He said: “Ofqual has not been fair or consistent in its use of its cap-related special condition across all EPAOs; Ofqual has specifically selected QFI, a Scottish company and forced it out of the United Kingdom qualifications/apprenticeships sector; Ofqual stated the reason for this was to ‘improve compliance by other awarding organisations as it demonstrates the importance that Ofqual places on compliance with special conditions’.

“Why should QFI be held up by Ofqual as its ‘sacrificial lamb’. I just can’t believe the qualifications sector or industry accepts the actions of Ofqual as any form of quality assurance or contribution to the improvement of qualifications/apprenticeships.

“In my opinion, Ofqual is a danger to the health and wellbeing of people working within the qualifications sector.”

How QFI could avoid paying the fine

Sean Moran, partner in the restructuring and insolvency team at law firm Shakespeare Martineau, explains the next steps for QFI and Ofqual if the company stands firm on its pledge to not pay the fine.


“This is the final stage in a process commenced by Ofqual. QFI has an opportunity to make further representations and/or arguments in mitigation before the fine is confirmed by Ofqual.

“QFI is a Scottish company, so the procedures for enforcement and winding up are different to England and Wales.

“Assuming no challenge is made, and the fine is confirmed, Ofqual would need to secure a monetary order from a court in Scotland or register an order made in the English courts within the Scottish jurisdiction, allowing the instructions of Sheriff officers to serve a charge on QFI.

“If the fine remained unpaid, the charge for payment could form the basis for a petition to wind up QFI, resulting in the liquidation of the company.

“The winding up of QFI would result in the appointment of a Scottish-qualified insolvency practitioner as liquidator and they would manage the affairs of the company (collect assets, schedule liabilities, interview directors, report to creditors etc).

“The fine would rank as an unsecured claim if QFI went into liquidation.”

DfE resumes search for antisemitism training firms

The government is set to restart a £7 million procurement that aims to tackle antisemitism in schools, colleges and universities.

Officials are once again searching for organisations to train education staff and provide learning resources for students on the understanding of antisemitism after halting the competition in March.

The Department for Education told FE Week the pause was due to “stakeholder concerns”, namely that smaller Jewish or Holocaust education groups claimed the format and style of the procurement favoured larger organisations for various technical reasons.

The tender has now been made more inclusive for all types of organisations to bid, the DfE said.

DfE claimed the pause had nothing to do with a judicial review that was launched in the High Court around the same time as the pause by Jewish-led international organisation Diaspora Alliance, which is challenging the DfE’s use of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism in the tender.

DfE will hold an engagement event for the refreshed tender with interested parties on October 15, with a view to publish a new procurement in November.

Scholarships and education resources

Former chancellor Jeremy Hunt revealed in the 2023 autumn statement that the government would dedicate £7 million over three years to tackling antisemitism in schools, colleges and universities.

The DfE confirmed the scheme will go ahead today on the first anniversary of the October 7 attacks in Israel.

The contract, which will last between 2025 to 2028, will look to award one or more suppliers.

One lot will offer two scholarships teaching antisemitism in-depth: one for school and college teachers and staff, and another to university administration and students’ union staff.

The second lot will procure education and training resources for universities and the third lot will provide schools and college staff online learning resources on the Department for Education’s Educate Against Hate portal.

DfE said today that £500,000 of the total funding has been awarded to the University Jewish Chaplaincy for welfare support for Jewish students in universities. 

The department said it also plans to launch an innovation fund that will offer “opportunities to support work at all levels of education on tackling antisemitic misinformation on social media”, alongside Becky Francis’ curriculum and assessment review.

Education secretary Bridget Phillipson said in an op-ed for the Telegraph today: “It is completely unacceptable for Jewish students to feel they cannot fully participate in university life out of fear for their safety. All students, regardless of race or religion, should be free to focus on their studies rather than worry about their safety.” Diaspora Alliance was approached for comment about its judicial review.

Training giant BPP hires Halfon

One of the country’s largest training providers has hired a former skills minister as a senior adviser. 
 
Robert Halfon announced today that he will be joining professional education and apprenticeships giant BPP this month as a senior adviser on skills and social mobility, alongside multiple other consultancy and advisory roles. 
 
Halfon resigned as skills minister in March saying he wished to dedicate his remaining time as an MP to his Harlow constituents. He stood down from parliament when it dissolved before the July general election when his former seat was won by Labour. 
 
Writing on his LinkedIn page, Halfon said: “Today, I am really pleased to announce that I have joined BPP as a senior adviser, working in skills and social mobility. After serving as MP for Harlow and minister for skills, apprenticeships and higher education, it feels good to be able to continue my passion for skills.”
 
BPP has been approached for comment.
 
This is the latest post-ministerial appointment for Halfon, who last week received clearance from the Advisory Committee on Business Appointments (ACOBA) for other paid advisory and training roles.
 
Halfon has also become honorary chair of the Green Construction Advisory Panel and last month was appointed a trainer for Dods Training and a senior adviser for consultancy firms Candesic and GK Strategy. 
 
The former minister, known for his “ladder of opportunity” catchphrase to represent his work on skills and social mobility when in office, has also launched his own consultancy company: Ladder of Opportunity Consulting. 
 
The Green Construction Advisory Panel is an initiative started and funded by Exeter College and brings employers and training organisations together to promote entry routes into green careers. 
 
ACOBA has advised Halfon he is not allowed to lobby on behalf of any of his new employers on matters he was responsible for as minister for a period of two years from leaving office, nor can he “draw on any privileged information available from [his] time in ministerial office.”

Closer to home, Halfon has also revealed he is to chair the Stanstead Airport College, part of Harlow College, advisory group.
 
BPP is one of the country’s largest private-sector education and training organisations, offering undergraduate and postgraduate courses alongside higher-level apprenticeships through its university and professional education companies. 
 
The bulk of BPP’s apprenticeships are delivered through BPP Professional Education Limited. Its most popular apprenticeships include the level 7 accountancy and tax professional, level 5 coaching professional and the level 4 professional accounting or taxation technician. 
 
Analysis of the latest available apprenticeship levy data placed BPP Professional Education Ltd as the fourth largest training provider by levy income, generating £36.7 million in 2021/22. 

Solicitor apprenticeships on trial: can they survive level 7 cash cull?

As the government rethinking funding for level 7 apprenticeships, Jessica Hill cross-examines the promise of solicitor apprenticeships: are they truly a gamechanger for under-represented talent, or a cheaper path for the privileged?

The goal was described as “simple yet ground-breaking”… to “revolutionise the legal landscape by empowering students from diverse backgrounds to pursue a career they may have never thought possible”.

So said City Century, a collaboration of 50 City law firms launched last year to promote the level 7 solicitor apprenticeships that were rapidly gaining traction in the legal sector.

There were also plans to introduce barrister apprenticeships next year, breaking down barriers to the country’s most elitist profession.

Then-skills minister Robert Halfon welcomed the City Century collaboration for “extending the ladder of opportunity” by “giving more people from all backgrounds the chance to enter this prestigious career without a student debt”.

But the new government has a different view of Master’s-equivalent level 7 apprenticeships.

It is moving some of them – it hasn’t yet decided which – outside the scope of levy funding, putting the future of solicitor apprenticeships under threat.

Jonathan Bourne, managing director of Damar Training, claims defunding its solicitor apprenticeship programmes would mean centuries-old barriers that are “just beginning to come down will be reinforced”.

But have these programmes really extended a ladder of opportunity? Or have they simply enabled those from privileged backgrounds a new entry point into lucrative careers without the burden of up to £60,000 of student debt?

Apprenticeships experts Jonathan Bourne of Damar Training and Victoria Cromwell of BARBRI Global

Programme lowdown

The level 7 solicitor apprenticeship takes at least six years to complete and provides funding of up to £27,000. For those with degrees already, graduate solicitor apprenticeships can be completed in half that time.

The apprenticeship, launched in 2016, was an attempt to build better vocational routes into the legal profession.

The full programme, aimed at school and college leavers, paralegals and chartered legal executives, covers a law degree with hands-on experience. To qualify, apprentices must take the Solicitors Qualifying Exam (SQE), the second part of which is the end-point assessment.

The programme is currently the fourth most popular level 7 apprenticeship, with 2,090 learners starting in the last two years.

Bourne is expecting “continued strong growth” in 2024-25, while another provider, Datalaw, says it has registered over 1,000 expressions of interest to join its 2024/25 cohort in the past six months.

FE Week found at least 64 law firms offering or planning to offer solicitor apprenticeships, with the programme also provided to those within the in-house legal departments of private companies, central and local government and the Crown Prosecution Service.

By 2040, City Century envisaged that at least 100 new partners would have been created via the solicitor-apprentice route.

Legal ladders

The upper echelons of the legal profession are notoriously difficult to break into. Around 24,000 law and graduate diploma law students graduate each year, but fewer than 6,000 make it onto the solicitor training contract – the traditional route into the profession.

Bourne says for those who are not “economically or academically extremely fortunate”, it is “a big bet to take with £60,000 of borrowed money”.

“Many people who aspire to become solicitors end up doing other things or getting stuck in paralegal roles,” he says.

But solicitor apprenticeships are even more competitive to get onto than the traditional route, given there are no hefty student loans to repay and apprentices earn whilst qualifying.

The average median hourly pay for an 18-year-old apprentice last year was £7.72 (roughly £16,057 a year), but a college leaver at law firm White & Case can earn £32,000, rising to over £60,000 as an apprentice solicitor.

Five other law firms offer at least £28,000 a year to apprentices.

Legal recruitment consultant Sue Lenkowski says many firms take on around two apprentices, but “may be attracting 1,500-plus applicants”.

Jagtara Singh Taak, 20, was rejected by four of his five university choices for a law degree, then turned down for a solicitor apprenticeship, despite getting two A*s and three As at A Level. After joining law firm Loch Law as an admin assistant, the firm noted his potential and put him on the apprenticeship path.

But while some law firms are inundated with applicants, parts of the system are creaking with workforce shortages.

Last year The Law Society warned of a 26 per cent fall in the number of duty solicitors available to advise people who have been arrested, where they aren’t able to pay for their own defence lawyer.

Law Society president Lubna Shuja warned “our crumbling courts are overwhelmed, prisons overcrowded, and judges and lawyers overstretched. With fewer duty solicitors and more cases coming into the system, we have reached breaking point.”

Solicitor apprentice Jagtara Singh Taak

Diversity doubts

Solicitors still overwhelmingly come from privileged backgrounds; last year 21 per cent of lawyers at firms regulated by the Solicitors Regulation Authority had attended a fee-paying school.

And it doesn’t yet appear apprenticeships have made a dent in widening access. The proportion of lawyers from low socio-economic backgrounds reduced from 21 per cent in 2015 to 18 per cent in 2023, an SRA survey found.

However, Lynette Smith, learning and development partner at law firm Brabners, believes the diversity-boosting impact of the apprenticeships just takes time to show up in the figures.

“To turn the ship around takes a while to get people on board in terms of the new way of doing things,” she says.

Her firm only started a new apprenticeships programme in January 2023, to “support those from underprivileged backgrounds”.

She adds: “We wanted to ensure that those apprenticeships were not just an opportunity for those wanting to progress, but an opportunity for those who couldn’t progress through the traditional means”.

Bourne says a “significant proportion” of Damar’s solicitor apprentices are from “non-traditional” backgrounds, while Datalaw says 42 per cent of its cohort are from minority groups and 34 per cent from local authority areas with high deprivation.

Phil Hodgson of Citizens Advice Gateshead (Society Matters Group)

In-house benefits

It’s not just those in law firms benefitting from solicitor apprenticeships. Around 29 per cent of the employers signed up to Damar’s apprenticeship programme are in-house legal teams. They include 21 councils, a part of the legal sector that Bourne says has “traditionally found it hard to recruit, develop and retain legal talent”.

Fiona Anthony set up a solicitor apprenticeship programme while at NP Law (owned by Norfolk Council), enabling its paralegals to qualify as solicitors. She says it was “transformative”, adding: “The likelihood is that [without it], our paralegals would have left for training contracts elsewhere.”

Victoria Cromwell, head of new business and account management for legal education provider BARBRI Global, says there is a “real shift” for in-house legal teams to “grow junior talent”, given “constraints on budget and headcount”.

About 30 per cent of BARBRI’s business is now from “corporates” rather than law firms, which is “significantly higher than two years ago”.

Cromwell says: “Whereas previously the apprenticeship levy was heavily used in the engineering division of a company for instance, we’re now seeing the legal teams taking a piece.”

Of Datalaw’s solicitor apprentices, 43 per cent work in legal aid-funded law firms covering crime, family, or children’s law, representing vulnerable people, and the same proportion work for other small organisations.

Solicitor apprentice Phil Hodgson says his employer, Citizens Advice Gateshead, is a charity which “could not otherwise afford this training”.

Flex Legal, an online platform that aims to boost diversity in the legal profession, will by November have placed 100 trainees from lower socioeconomic backgrounds into solicitor apprenticeships in the last three years. It recently worked with Tesco to set up an assessment process to pick three “aspiring lawyers” from “the shop floor”, says company founder Mary Bonsor. Two are now solicitor apprentices.

Jamie Holden, who works in the legal department for optician chain Specsavers, had no post-GCSE qualifications and worked in a nightclub and in a bookies, before “falling into” work as an IT specialist. It was only after his Specsavers boss tasked him with leading a commercial project with its legal team that he showed an interest in law, which led to his apprenticeship.

He says he “never imagined” he would be doing an apprenticeship at age 47. Next year he will take his first “big exams”, while his daughter takes her GCSEs.

“My friends laugh at me because I’ve got a student card – I get 10 per cent off at Superdrug. Most of them think apprenticeships are just for brickies.”

As Specsavers’ first solicitor apprentice, he and the company are on a steep learning curve. But he feels “old and ugly enough to roll with it”.

Tough but flexible

Solicitor apprentice Madison Earl

Holden describes his apprenticeship as “possibly the hardest thing I’ve ever done”.

That’s reflected in the 2022-23 achievement rate for solicitor apprenticeships which was 46.2 per cent, compared to 57.6 per cent for all legal programmes and 54.3 per cent for all apprenticeships.

But Bourne points out the first cohort “battled through a long, fledgling and very challenging programme, and navigated Covid”.

Lucy Andrews, who started her solicitor apprenticeship with WBW Solicitors after finishing her law degree, says the “intensive” course is “a big commitment and can be stressful”.

But she also says the flexibility of the programme is “really advantageous”, and allowed her to change her weekly study day if needed.

Madison Earl says her solicitor apprenticeship with Sills & Betteridge LLP has enabled her to “balance work, study, and family life”.  

“As a young working mother, I never imagined a career in law was possible,” she says. “It’s opened doors I thought were permanently closed to me.”

Reforms ‘bad for opportunity’

Bourne is proud that almost three quarters (71 per cent) of Damar’s solicitor apprentices are 25 and over because they include many paralegals who previously had no accessible progression route to qualification. But it is their age that may count against future cohorts, as the new government wants to see more funding poured into training young people.

Charles Peter, founder of Datalaw

Labour’s manifesto pledged a “youth guarantee” of training, an apprenticeship, or support to find work for all 18 to 21 year olds, and with the current apprenticeship budget at breaking point it cannot afford to keep funding level 7 programmes which are often undertaken by older, already highly qualified people.

But Datalaw’s founder Charles Peter argues that solicitor apprenticeships provide “essential skills for day-one solicitors, not seasoned managers”.

The future of the level 7 barrister apprenticeship, which had been expected to go live this year, is also now under threat.

Given that 56 per cent of King’s Counsel senior lawyers attended private schools it was hoped that the legal profession, “historically shrouded in tradition and rigidity”, was “on the brink of a monumental shift”, said Lawyer Portal, a platform for those breaking into the sector.

But if the cuts to funding level seven programmes do include these legal apprenticeships, surely law firms will dip into their own pockets for training instead?

After all, legal services is one of the UK’s most successful sectors, with its market turnover expected to pass £60 billion by 2027, a report by IRN Legal found.

Those currently offering apprenticeships include three of the world’s 10 biggest law firms; DLA Piper, Dentons and White & Case all had global revenues last year exceeding $2.9 billion.

Smith says she would “bravely like to think” that Brabners will “stay true to our values as a firm, and support [apprenticeships] regardless. But at the end of the day, it’s a business that we’re running.”

Bourne is not convinced that law firms would step up.

He points out the minimum one day a week off-the-job training already represents a significant investment for them. “I fear that we’d see retrenchment back to a small group of employers. Apart from a few targeted social mobility programmes run by those with the deepest pockets, most successful candidates would need to have some level of advantage.”

And the top rung of Halfon’s “ladder of opportunity’ would, Bourne warns, be removed. “It will be bad for growth, bad for opportunity and bad for employers,” he adds.

‘Serious cashflow pressures’ put WCG in intervention

A large West Midlands college group has been placed in financial intervention due to “serious cash flow pressures”.

Warwickshire College Group (WCG), whose 2022-23 accounts are nine months overdue for publication, said the intervention follows its “deficit budget” last year.

In a letter published on Friday, the Department for Education (DfE) issued the college with a financial notice to improve (FNTI) due to its ‘inadequate’ financial health rating, based on its financial plans, accounts and “serious cash flow problems”.

However, a spokesperson said the college group feels “confident” about returning to a better financial position by 2026.

The college group is responsible for about 13,000 students, including more than 2,000 apprentices, and has 1,300 staff across six colleges in Warwickshire and Worcestershire.

It’s made up of Evesham New College, Warwick Trident College, Rugby College, Royal Leamington Spa College, Moreton Morell College and Pershore College.

Under financial intervention rules in the DfE’s ‘college oversight: support and intervention’ policy, the college’s finances and management will now be assessed by the further education (FE) commissioner.

The DfE has asked the group to explore “further staff savings” for the next two years and carry out a “thorough review of curriculum areas” as part of an improvement plan to be agreed with the commissioner.

The intervention relates to failures of financial health and control in 2023-24, the DfE confirmed.

A WCG spokesperson told FE Week a “full review of business operations” was underway and student recruitment this year has been “strong.”

However they did not respond when asked whether WCG planned to reduce its staff size, stop offering some courses or had requested financial assistance from the DfE.

A rare delay in publishing its accounts, now nine months after the government’s contractual January 31 deadline, means little is known about the college’s current financial state. In April, the college said the DfE granted a filing extension until July this year.

FE Week understands the delay is partly due to a “funding assurance audit” started by external auditors Mazars last year.

Neither the college nor the DfE responded when asked for update on the delayed accounts or the findings of the external audit.

The college group’s 2021-22 accounts show it had a financial rating of ‘requires improvement’ due to a budgeted EBITDA as percentage of education specific income of 2.2 per cent for 2022-23 – falling short of the FE commissioner’s 6 per cent target.

It ran a deficit of £2.6 million on an annual income of £48 million and had outstanding commercial loans of £6.8 million.

The college group is currently run by CEO and principal Sara-Jane Watkins, who took over when Angela Joyce left to lead Capital City College Group in January this year. Last year, the college group won a High Court battle with its local council to sell its Malvern Hills College campus for non-educational purposes.

MOVERS AND SHAKERS: EDITION 473

Lisa Skelton

Head of Business Development, Active IQ

Start date: August 2024

Previous Job: Business Development Manager, Active IQ

Interesting Fact: Lisa is passionate about staying active, enjoying walking in the hills and enthusiastically participating in her company’s My Zone competitions


Wendy Ellis

Principal and CEO, Franklin Sixth Form College

Start date: September 2024

Previous Job: Interim Principal, Franklin Sixth Form College

Wendy is committed to animal welfare and regularly rehomes rescue dogs


Michael Davis

Chair, Capital City College Group

Start date: October 2024

Current Job: Chief Executive, National Centre for Social Research (concurrent)

Michael is the training officer for Coventry Advanced Motorcyclists and this summer rode to NordKapp, Norway and back, just because

BTEC survival hope after Smith’s policy shift


Popular courses facing the axe under controversial level 3 reforms may now survive after a “fundamental shift” signalled by the government.

Labour is carrying out a “short, focused review” of an ongoing cull of vocational courses in favour of T Levels.

The review has until Christmas to decide the future of hundreds of courses such BTECs that the Tories planned to defund between 2024 and 2028.

It will consult a “representative sample” of colleges, awarding organisations and other key stakeholders.

But unlike Labour’s longer independent curriculum and assessment review launched at the same time, the level 3 review’s terms of reference remain a secret, leaving its exact aims and scope a mystery.

Skills minister Jacqui Smith, who will oversee the review, outlined her objectives in an opinion piece in this week’s FE Week.

Learner and employer needs

Signalling a change in approach to the previous government, Smith said Labour would consider retaining “other qualifications alongside T Levels and A Levels”.

The Tories had planned to cut a range of popular vocational courses that overlapped with T and A Levels in a bid to “streamline” students towards technical or academic qualifications that were “high quality and lead to good outcomes”.

This caused concern that popular courses in areas such as health, construction and electrical, travel and tourism and uniformed protective services would be lost.

But Smith said the government would “maintain” qualifications if the review “identifies the balance of learner and employer needs within a sector requires level 3 qualifications other than T Levels and A Levels”.

She added: “This may well be in areas that overlap with T Levels, which is a change from the approach taken by the last government.”

Bill Watkin, chief executive of the Sixth Form Colleges Association which has led the Protect Student Choice campaign against defunding plans, welcomed Smith’s “commitment to ensuring that a broad range of level 3 qualifications will be available alongside A Level and T Levels in the future”.

He said his association now “expects” the 38 popular applied general qualifications that are part of the review – in subjects such as applied science, health and social care, IT and engineering – to “successfully navigate the review process”.

“We will continue to work constructively with ministers and officials to ensure that no gaps are left in provision,” Watkin added.

Association of Colleges chief executive David Hughes said Smith’s announcement on allowing overlapping courses was a “fundamental shift” in government policy.

He added: “The review will look at which high-quality qualifications are still necessary alongside T Levels and I’m confident we will end up with a good set of outcomes.”

Many in the education sector, and most vocally the Protect Student Choice Campaign supporters, had called for Labour to pause and review the wholesale culling of courses due to fears thousands of people would be left without a viable education option because T Levels did not suit them.

Appearing to recognise concerns about T Levels – that include low student satisfaction, complex assessments and major work experience requirements – Smith said the DfE needed to look at how delivery “can be improved” so more young people can enrol and succeed with a T Level.

But responding to concerns about only delaying cuts due to start last month, Smith said she was “not willing to go slow” on improving qualifications and did not want to “leave uncertainty hanging over the system”.

More courses ‘expected’ to survive

The previous Conservative government said it would only continue funding post-16 courses that did not overlap with A Levels or T Levels and were “necessary, have a clear purpose and lead to meaningful progression outcomes”.

In a guide published in April, the Department for Education said defunding overlapping courses would ensure T Levels were the “core of the new technical offer at level 3”.

Some non-A Level or T Level post-16 courses would be approved as either “technical” or “alternative academic qualifications” (AAQs) under a “new, rigorous process” run by the Department for Education, skills quango the Institute for Apprenticeships and Technical Education and exams regulator Ofqual.

AAQs at level 3 would only be approved for “strategically important” areas that T Levels did not cover such as STEM or NHS careers, with some cut down to smaller sizes – equivalent to one A Level rather than three.

Technical qualifications would only be allowed in areas not covered by T Levels and would link “much more closely with employers’ needs” by basing their content on occupational standards designed by IfATE and employers.

Chief executive of the Federation of Awarding Bodies Rob Nitsch, formerly IfATE’s second-in-command, said: “I do think it’s right that the government takes a considered view of T Levels alongside other high-quality qualifications and that we take a considered view of how these are performing.

“It is also important that all stakeholders are actively engaged so that we get the best possible outcomes.”

Turnaround job of a Lifetime at apprenticeship giant

David Smith took charge of England’s largest apprenticeship provider at a time of financial and quality trouble last year. Here, he discusses Lifetime Training’s recovery journey, gives his take on outdated funding rules and reveals how the new Labour government is driving companies like his to explore alternative training markets

Chief executive David Smith is billed on Lifetime Training’s website as a “dynamic and visionary leader”. And who could argue when you see his employment track record and the turnaround task he’s currently leading.

Smith took over the country’s biggest apprenticeship provider in July 2023 at a tumultuous time: Ofsted had downgraded the firm to ‘requires improvement’, it was subject to an Education and Skills Funding Agency audit and had just been sold by private equity owners to lenders.

Fast-forward one year, and Lifetime Training has been returned to a ‘good’ judgment from the inspectorate, cleared £100 million worth of debt and almost put its funding dispute to bed.

Smith’s appointment was not by chance. He was headhunted as an experienced troubleshooter amid a series of leadership changes at Lifetime.

The Birmingham-born accountant has worked at Deloitte, Mercury Communications – the telecoms challenger to BT in the 1980s and 90s – played a key role in Parcelforce Worldwide’s turnaround in the 2000s, and held leadership positions at Royal Mail, City Link and most recently estates management company Bellrock Group.

He was also managing director at the Post Office for six months in 2010, a position that led to him giving evidence to the current public inquiry into the Horizon IT debacle earlier this year – a story dramatised in ITV show Mr Bates vs The Post Office. 

Smith, himself the grandson of a postmistress, said his “sympathies and heart are with those affected” and while he supports where he can, there is “very little at a practical level I can get involved in”.

Almost all the companies Smith has worked in, which span around seven sectors, have been in the business services space. This experience involved working with apprentices from an employer’s perspective.

Aside from the top job at Lifetime Training being a challenging role for an ambitious person, it was these encounters that attracted him to the skills training arena.

Repositioning, stabilising, turning around

He said: “I got quite a strong desire to work with individuals and apprentices who had not had the best start in life, and watch them grow and develop in their careers. Having done that from the side of large employers, I could see things that work well and things that worked a bit less well and thought it would be good to work on the other side of the fence. 

“But if you look at what I’ve done in all those businesses, it has largely been around repositioning, stabilising, turning around. When I got to Lifetime, it had been through some pretty tough times with Covid particularly. And so I came in when the new owners, Alcentra, came in to basically put it back on an even keel.”

With a mandate to secure long-term sustainability, Smith restructured Lifetime, including by reducing its 1,000-strong workforce by around 5 per cent.

Lifetime’s latest Ofsted report

Latest accounts for the training firm show after-tax losses increased from £9.2 million to £21.1 million during the 18 months to July 2023. The company had made a profit of £6.9 million in the year ended July 2020.

A major restructuring of the group’s balance sheet took place in July this year – the same month that Ofsted upgraded the provider to ‘good’ – which involved Alcentra effectively waiving £100 million of debt that was racked up under previous private equity owner Silverfleet Capital.

Smith said this action could be viewed as £100 million being invested into the skills sector and will place Lifetime in a much better position to bid for procurement contracts going forward.

The company’s next set of accounts is expected to show its current negative EBITDA (earnings before interest, taxes, depreciation, and amortisation) turning modestly positive, with Smith adding, “we’re back in a stable period financially”.

Training expansion

His reference to future bidding opportunities hints at an expansion from Lifetime’s focus on apprenticeship training.

Smith admits this is the next stage – steering the company towards more commercial training and other potential opportunities such as skills bootcamps and the adult education budget, not least because of Labour’s plans to turn the apprenticeship levy into a growth and skills levy which can fund non-apprenticeship training.

He said: “It’s great that we have secured ourselves both financially and in terms of quality, but what does the business now want to do in this bright new world of the Labour government and AI technology opportunities?

“We’re just now embarking on looking at other areas for the business. We will certainly be starting to build out our commercial offer this year. We’ll be looking with interest at how combined authority funding and the shorter course content are going to work. I would be surprised if, in a year’s time, we haven’t done something in that space as well.”

Lifetime Training has recruited more apprentices than any other provider in the country for several years, delivering to big-name employers including the NHS, KFC, McDonald’s, JD Wetherspoon, B&Q and David Lloyd, as well as the civil service.

Most apprenticeships for Lifetime are in hospitality and care, two of the areas most impacted by Covid. Starts at the provider hit 23,000 in 2018/19 but dived to 13,000 in 2020/21. Those numbers have recovered to almost 17,000 in the past two years – a level that Smith expects to maintain from now on.

He claimed that since the general election was announced, some employers had put apprenticeship opportunities on hold while they wait and see what Labour allows to be funded through its reformed levy.

While awaiting the details, Smith anticipates Lifetime will move into potential growth areas such as digital skills, wellness and wellbeing, general management training and the green agenda.

“If it’s funded through the levy then tick, we can do it that way, or if it’s funded through mayoral authorities, well, we can potentially do it that way. And if it’s not funded through either of those then we’ll look at a commercial solution,” he said.

“What is clear is the demand for those skills, regardless of which way it’s ultimately going to get funded. We can consider a very strong and positive future direction for that.”

‘Don’t just stop training your staff’

Smith urged Labour to be “careful about the speed of change” and ensure plans are properly thought through and consulted on – unlike the party’s “unintended” message in opposition which came across as allowing employers to spend up to 50 per cent of their levy on whatever training they liked.

He is “generally supportive” of Labour’s aspiration, but it “certainly has caused a schism in the marketplace” he said, adding, “we’re seeing much lower levels of apprentice take-up over the last six months across the sector so a clearer, slower, better-signposted journey is required that we can all jump on board with.

“What providers are having to do is not place any large bets in one direction. So, we’re building out more modular, more flexible curriculums.

“But our message to our customers is ‘nothing is going to change very much over the next 18 months. So please don’t just stop training your staff’.”

Smith is “encouraged” the government is putting more responsibility “under one banner” by closing the Institute for Apprenticeships and Technical Education and ESFA, and launching Skills England.

But there are “fundamentals” he says the government and its new quango must address alongside levy reform: simplification of funding rules including those that are “past their sell-by date” like the block on non-EU enrolments, and the prerequisite for apprentices to pass functional skills.

He praises the government, however, for starting strong with last week’s announcement that it will remove the 12-month minimum duration rule for some (but currently unknown) apprenticeships in the future.

Policy ‘needs to catch up with the real world’

The most “fundamental thing” for Smith, however, is that the funding model for apprenticeships has not evolved since the Conservatives’ levy reforms.

“You get the same amount of money for a hospitality course now as you would have done in 2017, but the cost base hasn’t stayed the same, and the asks from the regulatory bodies and their various guises have increased,” he said. 

“We do more around careers advice and safeguarding, for example, than we would have done in 2017, and so fundamentally, as a sector, there is a real financial stretch that has resulted in a number of competitors disappearing financially because they can’t make ends meet. And even at the size and scale that Lifetime is at, it’s very difficult, even with the economies of scale that we can bring to the model, to say that this is easily sustainable.”

Lifetime had to repay over £5 million to the ESFA recently following a historic audit into the provider’s additional learning support claims. Smith said this is another area where government should clarify the evidence that is required, adding that smaller providers would find it “difficult” to stay afloat if the same happened to them.

One of the CEO’s biggest concerns is the “opaqueness” of what qualifies as off-the-job training, as well as the rule’s application in certain sectors like hospitality where “they simply don’t have 20 per cent of their time free on the rota for them to be able to do off-the-job work”.

Smith also outlined employer and provider frustration with government rules that prevent non-EU citizens from doing apprenticeships.

He said: “The rules around who’s eligible and who’s not eligible to take the course were built in a world when we were inside the EU. We’re now sitting here with more of our workforce coming from outside the EU than we had before, but they’re not eligible.

“We have a big provision in the care sector with employers like HC-One, for example. Between 30 and 50 per cent of their staff nominations for an apprenticeship are ineligible for an apprenticeship.

“Those are the sorts of things where policy needs to catch up with the real world.”

DfE ‘tore up AEB contract due to apprenticeship row’

A training provider had its national adult education budget (AEB) contract scrapped after falling foul of the Department for Education over poor apprenticeship achievement rates, its owner has claimed.

Officials also allegedly withheld AEB payments from the provider to recover a “significant” apprenticeship clawback.

Sapphire Logistics and Consultancy, which trades as Sapphire Education and Training, delivered publicly funded training in care work until officials terminated its contracts last week.

It is believed to be a rare case where the government has used powers to terminate a provider’s AEB through the apprenticeship accountability framework.

Owner Harpal Baines claimed the DfE ended Sapphire’s apprenticeship agreement “based on low [qualification achievement rates] data for 2022/23” and following an audit which demanded “significant clawback”.

DfE statistics show that between 2020-21 and 2023-24, Sapphire, based in Dudley, West Mids, logged 80 to 180 apprenticeship starts per year, but only had “low” completers which produced a null achievement rate.

The government currently uses its apprenticeship accountability framework to assess provider performance against a range of 10 measures, including achievement and retention rates.

The framework states that providers will be classed as “at risk” if they have an overall achievement rate under 50 per cent.

Level 2 and 3 care worker apprenticeship standards have high volumes of learners but consistently low achievement rates and high dropouts. Sapphire was awarded its apprenticeships contract at the height of the Covid pandemic in April 2020.

After the provider’s apprenticeship contract was terminated, Baines alleged the DfE served notice on the company’s adult education budget contract “purely on the basis of our apprenticeship contract issue”.

Sapphire was one of only 55 private training providers to secure a national AEB contract in the government’s controversial 2023 tender. It hadn’t been inspected by Ofsted at the time it won the £448,196 deal.

Its latest accounts show the company had 13 employees including directors.

The DfE confirmed it terminated the company’s contracts but declined to comment further based on the commercially sensitive nature of the issue. A spokesperson did not respond when asked to verify or deny Baines’ account.

Under clause 42.8 of the AEB contract, the Education and Skills Funding Agency states it can terminate a contract if it has ended another contract “on fault grounds where a similar right of termination exists in this contract”.

Baines said this clause was quoted to him by the DfE and complained it had “no regard” of Sapphire’s performance under the adult education contract, which he claimed had “positive outcomes for learners”.

He added the DfE asked for a “significant clawback” of apprenticeship funding, which it obtained by withholding payments for adult education budget courses Sapphire had delivered.

Baines would not say what the clawback specifically related to.

In August 2023 Ofsted graded Sapphire as ‘requires improvement’ in its first full inspection due to “fast-paced” teaching practices that focused on the completion of assessment tasks.

A monitoring report in April this year found ‘insufficient progress’ in training delivered to the company’s 70 apprentices.

This included concerns about governance, apprentices leaving early and teaching practices.

Baines said: “Our organisation was delivering solely to the care sector and was established during Covid lockdowns.

“During this period we delivered to frontline care staff during the most difficult circumstances, most of which completed their diplomas but did not complete full apprenticeships due to the varying challenges associated to them which is why the sector as a whole has low apprenticeship achievement rates.”

After FE Week spoke to the company earlier this week its website was taken down for maintenance.