Professional Documents
Culture Documents
1. The Social Exclusion Unit’s (SEU) report on Reducing Re-offending in 2002 highlighted the role of education and
training as a means of providing offenders with alternatives to crime. As part of a strategy to improve the quality and
quantity of education and training available to offenders, Ministers have sought to encourage a closer working relationship
between the NPS, OLSU and the LSC, at local and national level.
Consideration
2. The operational guidance reflects the work of the joint DfES/NPD/LSC Project Board established by the DfES in July
2003 to ensure a smooth transition of policy responsibility from the Home Office to the DfES. In addition to the attached
operational guidance further information and guidance will be provided at 6 regional briefing events, which are to be held
on/at:
23 February - Taunton
25 February - Nottingham
27 February - London
2 March - Wales
4 March - Manchester
5 March - York
Local NPS and LSC areas have been invited to attend one of these events and have been asked to nominate 3 staff who
are involved in the management and/or delivery of basic skills to attend.
Action
3. The operational guidance sets out arrangements for 2004–05, designated as a transition year, and anticipates the
arrangements required for 2005–06 and beyond. It sets out the policy, funding and planning arrangements for staff in
local National Probation Service (NPS) areas and Learning and Skills Council (LSC) staff in local and national offices.
NPS and Local Learning and Skills Councils should adhere to the principles set out in this guidance so that:
• opportunities for offenders in the community to access educational provision are maximised.
4. Local NPS and LSC areas will be jointly responsible for the planning and delivery of current basic skills provision and
for appropriate local expansion and development of that provision. Areas are therefore advised to develop systems and
procedures in order to be ready to implement the new arrangements from 1 April.
PC 12/2004 – Learning and Skills provision for offenders in the community: Operational Guidance
Appendix A
OPERATIONAL GUIDANCE
Introduction
2 The guidance reflects the work of the joint DfES/NPD/LSC Project Board
established by the DfES in July 2003 to ensure a smooth transition of policy
responsibility from the Home Office to the DfES. In addition to this guidance
further information will be provided at regional briefing events to be held in
February/March 2004.
5 The partnership will also allow for planned progression and, as far as can be
arranged, seamless transfer from education delivered under supervision, to
mainstream learning and training activities. The new relationship will assist both
organisations to tackle the bureaucratic and administrative hurdles that can
become barriers to learning for offenders.
1
Background
8 As a result of the changes proposed, from April 2004 the LSC will take on
responsibility for the planning and funding of education for offenders in the
community in England1. Different arrangements will be made in Wales, as the
remit of the DfES and LSC does not extend there. Further information on NPS
areas in Wales can be obtained by contacting Roger Stevens or Marcus Smart at
the NPD.
10 Local LSCs and local NPS areas should adhere to the principles set out in
this guidance so that:
12 All the above documents have been circulated to local LSCs and NPS
areas. Executive Directors have been updated on the progress of the project
through regular reports to the Skills and Adult Programme Board and Adult
Learning Committee. Chief Officers have received communications from the NPD.
13 In addition, local LSCs and NPS areas should note that the Adult Learning
Inspectorate (ALI) has been commissioned to carry out a review of NPS education
1
Offenders in the community are those on statutory supervision to the Probation Service, including
all community sentences and those released on licence from prison.
2
provision. Local LSCs and Probation areas will want to see the review and make
sure that their Partnership Plans are consistent with the key points identified by
ALI. The review is expected to be published by the end of February 2004.
14 Local LSC and NPS areas will be jointly responsible for the planning and
delivery of current basic skills provision and for appropriate local expansion and
development of that provision. Local LSC Executive Directors will be accountable
for the funds allocated to them for offender related work.
15 The LSC nationally will continue to work with local LSCs in developing a
national approach to work with offenders. The NPD will continue in its current role
in relation to local NPS areas.
• Policy context
• Planning guidance
• Quality
…that offenders according to need should have access to education and training in
the community which enables them to gain the skills and qualifications they need
to hold down a job, play a positive role in society and provide them with an
alternative to crime
(Offenders’ Learning and Skills Unit (OLSU) delivery plan 2003)
18 The aims of the partnership between the two organisations should be to:
3
• create stronger links and transition arrangements with mainstream
providers
• improve quality
19 The key tasks for the LSC and the NPD both nationally and locally will be to:
• monitor progress
20 It is important for local LSCs to note that in October 2003, the Home Office
launched the Enhanced Community Punishment Order (ECP). These ECP orders
combine elements of punishment, reparation and rehabilitation with skills
accreditation. ECP is a development of the existing sentence of Community
Punishment and is designed to maximise the opportunities for learning. The
rehabilitation element is likely to include education and training, and local NPS
areas will want to discuss with local LSCs the possibility of funding of Guided Skills
Learning (GSL) within ECP orders.
21 Guided skills learning forms part of ECP orders and is targeted at offenders
with poor employment related skills. In order for an offender to qualify it needs to
be evident that a poor record of stable employment is a contributing factor in their
offending. The level of learning must be above the level of skill already obtained
by the offender and the offender must be motivated and agree to undertake the
learning.
23 In addition, the Criminal Justice Act contains proposals for new sentences
that will be served partly in the community and partly in custody. While in the
community, offenders are likely to be eligible for LSC funded provision.
24 The whole area of work with offenders in the community is one that local
LSCs will need to consider as part of the roll out of Strategic Area Reviews (StARs)
within their local areas.
4
Part 2 – Funding, Targets and Data Collection
Funding
25 For 2004–05, the Project Board has agreed that £7.3 million (£7.9m for
England & Wales) will transfer from the Home Office to the DfES for allocation
through NPD. This will be for screening, referral and infrastructure costs. It will
also include some delivery of learning programmes by contracts which continue
beyond April 2004, as part of a transitional funding arrangement. These funds will
be allocated to NPS areas through the NPD baseline and are to be ring fenced by
NPS areas for this purpose.
26 An additional £9.4 million (£10m for England and Wales) will be allocated to
the LSC for distribution to local LSCs.
National Targets
28 Joint targets for starts and qualifications have been agreed at national level
by the NPS and the LSC. It is recognised that these targets are challenging, but
the figures for this year are not negotiable.
• 32,000 starts2
30 LSC targets for this provision are set in the context of their contribution
towards the basic skills Public Service Agreement (PSA) target.
Local Targets
31 The NPD have allocated starts and qualifications targets to each NPS area,
based on their national funding and allocation formula.
2
An NPS Start is defined as ONE of the following:
• where an individual learning plan has been developed and agreed with the learner
• where a learner has attended a ‘taster’ basic skills course
• where a learner is still in basic skills provision after 2 sessions although the
individual learning plan has not been completed.
5
32 Local LSCs should discuss and agree with their local NPS areas, the
number of qualifications which will contribute towards their overall basic skills PSA
achievement target.
33 Local indicative targets which have been distributed to local NPS areas are
set out on the attached spreadsheet (annex A). It must be noted that this
distribution is not based on actual performance. These targets are acknowledged
to be challenging, particularly in those areas where NPS performance has been
disappointing in terms of delivering qualifications to date.
35 Where these local indicative targets cover areas that are not consistent with
the local LSC area, lead LSC arrangements have been proposed and these are
included in the spreadsheet. Final confirmation on a few lead LSCs are still
awaited.
Data Collection
37 The LSC and the NPD will in this transition year, each be required to report
on progress made. The two organisations have had discussions to ensure that the
data requests made of local LSCs and NPS areas are kept to a minimum
38 NPS areas will continue to submit a monthly return, details of which will be
issued shortly by NPD. The information from the NPS basic skills monthly return
will be used to populate the NPS delivery plan report to Ministers and the
Commissioner, the NPS performance report and will subsequently be used to
calculate the NPS performance link. The LSC National Office is satisfied that the
information on this monthly return will also meet its reporting requirements.
39 The LSC would normally only request a quarterly return, but for simplicity, it
has been agreed that the monthly return is copied to the lead LSC at the same
time as it is sent to the NPD. The monthly data will assist local LSCs to
understand progress being made towards targets and will feature in on-going
discussions with the local NPS area. The NPD will provide the LSC National Office
will a national overview of the data returns.
40 Local LSCs are asked to use the information contained in the monthly
returns to create a quarterly return which is sent to Gary Broom at the LSC
National Office. The LSC reporting timetable is as set out below:
6
41 Colleagues should be conscious of the possibility of “double funding” where
mainstream providers are already delivering provision for offenders in the
community under contract to the local Probation Service. During discussions to
develop the Partnership Plan, colleagues should identify the full range of funding
streams for offenders in the community. Local LSCs should advise providers that
they may not draw down mainstream funding for learners whose provision is
covered by a separate contract with the NPS or LSC.
42 In order to eliminate duplication and minimise the reporting burden, the ILR
will not be used to collect individual learner/qualification aim data for this particular
budget only. Please note that this does not affect situations where ILR is
ALREADY used, such as ESF funded provision.
43 The use of ILR will be considered for provision from 2005–06 onwards.
45 In addition, the NPD is planning to develop a new quarterly return from NPS
areas, which will mainly provide additional data including information related to
equality and diversity. Details and guidance for these returns will shortly be issued
by the NPD in a Probation Circular (PC).
50 The NPS already has a regional structure in place that includes an NPD
Regional Manager (RM) and an NPD Regional What Works Manager (RWWM).
Both RMs and RWWMs are involved in the performance management of NPS
areas and in supporting the achievement of all NPS targets, including the basic
skills targets. Many regions already have a regional NPS forum looking at
education and training for offenders and /or basic skills.
7
51 Local LSCs also have networks which focus on the delivery of basic skills
and the achievement of targets. It would be helpful to consider how these
networks can be combined or rationalised in the future. The recent introduction of
Regional Directors in the LSC will undoubtedly need to be reflected in the future
network arrangements with the NPS.
52 The current national protocol agreed between the NPD and LSC (on Basic
Skills) serves as a useful starting point for outlining the relationship between the
two organisations.
53 Local LSCs and NPS areas are free to determine the nature and content of
their own Partnership Plan, but to assist national consistency in the planning
process, a template for the Partnership Plan is set out as annex B to this
guidance.
54 The plans should be agreed and signed off by local LSCs and local NPS
areas by end March 2004.
57 Partnership Plans should focus upon the delivery arrangements for 2004 -
05. During this transitional year, the LSC in consultation with NPD and OLSU will
work to identify the longer term planning and funding arrangements for this activity.
59 This section of the guidance has been produced to assist local LSCs in the
contracting arrangements for Learning and Skills Provision for Offenders in the
Community. It provides a summary of the key points and considerations to ensure
that adequate contractual arrangements are in place for 1 April 2004, covering the
period from 1 April 2004 to 31 March 2005.
8
manner that meets local needs. This recognises that during the first year of the
new arrangements, there may well be substantial differences to the current local
infrastructure in terms of provider networks, delivery models and success rates.
There may also be a variable level of transitional or ‘carry over’ activity that local
LSCs will need to consider when agreeing plans, targets and funding levels.
61 Activity occurring within the first year will be set out in a local ‘Partnership
Plan’ (a copy of the template for the ‘Partnership Plan’ is included within this
operational guidance at annex B). The plan will act as a strategic document which
sets out the main planning, operational and delivery issues for the period to 31
March 2005. To simplify the contracting process this plan can also be used as the
basis of the specification that forms one of the schedules to the contract. Local
LSCs should note that where contracting arrangements are being put in place
direct with other providers a plan or similar specification must be agreed that sets
out the activity to be delivered and funded. For some providers this may be an
extension of ‘Skills for Life’ delivery plans. Where these plans or something similar
do not exist at the provider level, a service specification must be agreed in line with
the Councils guidance on procurement.
Contracts
64 The table below indicates which of the model contracts should be developed
based on the potential different contract arrangements. In some local areas a
mixture of these models may be needed where a number of Providers are
contracted with directly.
Consideration Action
Contract will be direct with the Complete and issue ‘Conditions of Funding –
local NPS area Grant’ and ‘ Probation Service Conditions of
Funding General Schedule’
Contract direct with existing Depending on provider, for Colleges issue
Providers (inc colleges, local ‘Financial memorandum Part 2 – Gen PS
authorities etc) Schedule X); Local Authorities issue ‘ Probation
Service Conditions of Funding General Schedule’;
private Providers issue ‘Contract for Services Gen
PS Schedule 1x and 2x.
Contract direct with new Issue ‘Contract for Services – Education and
private Provider Training – General Terms and Conditions’,
Schedules 1,2 and 3, and ‘Contract for Services
Gen PS Schedule 1x and 2x.
9
New Providers
66 All providers that wish to receive LSC funding must meet the minimum
financial and quality requirements of the Council. All new providers must meet the
standards as set out in the new provider approval process. The Council is mindful
however that during the first year there may be a number of existing NPS
contracted providers who are currently not LSC approved providers but whose
services are needed during the transitional year. In these cases we will
exceptionally give these providers a one year special grace period in order to allow
them to meet the normal contracting and inspection standards. Local Councils may
however want to be more cautious about the activity undertaken by these providers
and manage any risks accordingly.
69 Payments will be made using ordinary supplier codes (those beginning with
S). These may or may not already be in existence and where a new code needs to
be set up a standing data form, requesting a new supplier to be created, must be
completed and returned to finance. Finance will then supply details of the supplier
code, which must be entered into the template. The completed template must be
approved in writing and a copy of the signed approval sent to finance authorising
the upload of the template to CODA. More detailed guidance on the operation and
use of local payment templates can be found in the document ‘LOCALPROGPAY
instv1.4’.
Management Information
10
National Office, based on monthly data supplied by NPS.
Evidence Requirements
Targets
72 Targets must be clearly set out including the numbers of starts and
Achievements (particularly those contributing to the PSA Target). This will be
needed at provider level where direct contracts are being agreed.
Audit
Further Clarification
• the purpose of the partnership between local LSCs and their local
NPS areas is to improve the quality and quantity of education for
offenders in the community. Specifically the purpose of the funds is
to deliver the basic skills target, based on meeting the needs of
learners who are also offenders. Appropriate provision for this group
of learners may take many forms and is likely to include provision
such as embedded basic skills and engagement activities. The funds
may also be used to fund ‘guided skills learning’ within ECP orders
• the method of allocating the £9.4 million (£10m for England and
Wales) has been to use data from NPS areas and allocate in the
same proportions as used for the £7.3 million (£7.9m for England and
Wales). These funds are to be used by local LSCs, (following
discussions with local NPS areas) to develop new and different
provision, to improve quality of provision and to develop the capacity
of providers to deliver to this group of learners
11
• Offenders do not form a homogeneous group of learners.
Arrangements for delivery should take account of the needs of male
and female offenders, people from all ethnic backgrounds, and those
with disabilities
• £7.3 million (£7.9 million for England and Wales) baseline funding
allocated to NPS areas will be used for screening and/or
assessment, referral services, and for carrying forward any existing
contracts with a termination date beyond April 04 and for
infrastructure costs.
NPD Allocations
76 In December 2003 the NPD issued the NPS Budget Pack 2004/05 to NPS
areas with details of the ring fenced basic skills baseline allocation to areas.
77 The NPD will produce detailed accounting guidance for local NPS areas in
respect of allocations for 2004-05.
Part 5 - Quality
78 Provision delivered by existing LSC funded providers will be eligible for ALI
inspection (using the Common Inspection Framework) and Provider Performance
Review. This will ensure that the quality of education and training, and standards
achieved by learners fulfils LSC requirements. Providers will also need to
demonstrate the quality of management, leadership and curriculum training areas
as well as quality assurance and continuous improvement.
Regional Events
23 February – Taunton
25 February – Nottingham
27 February – London
4 March – Manchester
5 March – York
80 NPD has also organised a similar event for NPS areas in Wales on 2 March
in Bulith Wells.
81 An invitation letter has already been sent to NPS Chief Officers and LSC
Executive Directors requesting nominations of appropriate representatives at the
events. NPS and partner LSC areas should attend the same event to enable them
to begin, or continue their joint planning
12
Annex A
LEARNING AND SKILLS COUNCIL
Indicative Funding for National Probation Service Basic Skills - VERSION 3 28/01/04
England 2004-05
* LEAD ARRANGEMENTS SUBJECT TO CONFIRMATION *
qualifications
PSA Target
Baseline funding
direct to NPS
Additional
funding to lead
LLSC
Target starts
Assumed
contribution to
areas
Target
Other LLSC(s) involved
NPS Area Proposed lead LLSC ("feed" LLSCs)
£000 £000
Avon & Somerset West of England* Somerset 789 197 118 188.00 246.69
Bedfordshire Bedfordshire & Luton 302 75 45 76.00 94.27
Cambridgeshire Cambridgeshire 344 86 52 85.00 107.64
Cheshire Cheshire & Warrington* Greater Merseyside 554 138 83 141.00 173.12
Cumbria Cumbria 287 72 43 74.00 89.61
Derbyshire Derbyshire 548 137 82 128.00 171.15
Devon & Cornwall Devon & Cornwall 784 196 118 195.00 244.85
Dorset Dorset 320 80 48 79.00 100.06
County Durham Tees Valley County Durham 438 110 66 105.00 136.88
Essex Essex 757 189 113 187.00 236.42
Gloucestershire Gloucestershire 273 68 41 70.00 85.29
Hampshire Hampshire & IoW 902 225 135 221.00 281.77
Hertfordshire Hertfordshire 398 99 60 109.00 124.32
Humberside Humberside 622 156 93 149.00 194.47
Kent Kent & Medway 818 205 123 214.00 255.71
Lancashire Lancashire 965 241 145 225.00 301.61
Leicestershire & Rutland Leicestershire* Lincolnshire & Rutland 547 137 82 131.00 170.89
Lincolnshire Lincolnshire & Rutland 329 82 49 86.00 102.94
Norfolk Norfolk 414 104 62 99.00 129.52
Northamptonshire Northamptonshire 331 83 50 83.00 103.44
North Yorkshire North Yorkshire 341 85 51 92.00 106.65
Nottinghamshire Nottinghamshire 724 181 109 169.00 226.38
Staffordshire Staffordshire 604 151 91 135.00 188.89
Suffolk Suffolk 307 77 46 84.00 95.82
Surrey Surrey 341 85 51 95.00 106.71
Sussex Sussex 655 164 98 164.00 204.74
Teesside Tees Valley 501 125 75 117.00 156.57
Thames Valley Milton Keynes, Oxon & Bucks* Berkshire 921 230 138 240.00 287.83
Warwickshire Coventry & Warwickshire 233 58 35 59.00 72.71
Herefordshire &
West Mercia Worcestershire* Shropshire 570 142 85 140.00 178.10
Wiltshire Wiltshire & Swindon 283 71 43 74.00 88.56
Greater Manchester Greater Manchester 2017 504 303 444.00 630.35
Merseyside Greater Merseyside 1193 298 179 269.00 372.87
Northumbria Tyne & Wear* Northumberland 1096 274 164 268.00 342.39
South Yorkshire South Yorkshire 998 250 150 225.00 311.90
West Midlands Black Country Birmingham & Solihull 2079 520 312 473.00 649.55
West Yorkshire West Yorkshire 1602 401 240 362.00 500.64
North London, South London,
London East London* West London, Central London 4834 1209 725 1312.00 1510.66
funding
Baseline funding
direct to NPS
Additional
Target starts
areas
Target
WALES 2004-05
£000
13
Dyfed-Powys N/A N/A 271 68N/A 79.00 84.78
Gwent N/A N/A 421 105N/A 108.00 131.69
North Wales N/A N/A 392 98N/A 109.00 122.52
South Wales N/A N/A 893 223N/A 237.00 279.04
14
Points in clarification of Annex A
The guidance in this section relates to the spreadsheet attached as annex A. The
spreadsheet provides an indicative allocation to local NPS areas in relation to the
£7.3 million and to local LSCs in relation to £9.4 million
N.B. Local NPS areas will be able to provide lead local LSCs with an indicative
breakdown of volumes by local LSC area to aid planning.
It will be important that where more than one LSC is involved in an area, there
is a link between the lead and other LSC(s). The link might include the
following activities:
15
Annex B
NPS Area:
16
Review and evaluate existing provision – what works?
17
Set out the Partnership’s plans for provision in 2004–05
18
Identification of any need for capacity building within the organisations and
providers
19
Local LSCs and NPS areas should discuss arrangements for the following:
Initial assessments.
Local NPS areas should provide details on specialist assessment for
dyslexia and other disabilities
20
Strategies to increase referrals, retention and achievements
21
Detail dates for quarterly reviews of the partnership plan
Date: ……………………………..
Date: ……………………………….
22