Targeted Provision - Terms and Conditions for the Provision of Services

1. Introduction

We are Targeted Provision Ltd, a company incorporated and registered in England and Wales with company number 11153826 whose registered office is at 4 Lonsdale Road, London, NW6 6RD (referred to in these terms and conditions as “Supplier”, “we”, “us”, or “our”).

We work with schools and local authorities (“Referring Bodies”) to support young people (including looked after children, children in need and children with special education needs or disabilities) who require alternative provision in their education. Referring Bodies commission us to provide an outsourced educational support service to any young person for which they have a statutory responsibility.

By procuring Services from us, you agree to be bound by these Terms. These Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms, do not engage with the services of Targeted Provision Ltd. If you have any questions, you can contact us at contact@targetedprovision.com. If our services are procured through a framework or agreement that exists separately and which we have applied to be part of, our Terms and Conditions shall be applicable unless the Terms and Conditions of the framework or agreement in question directly contradict them. In this instance, the Framework’s terms and conditions shall be binding.

We reserve the right to update these Terms from time to time at our discretion. If we do so, and the changes substantially affect your rights or obligations, we shall notify you if we have your email address. Otherwise, you are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

We do not provide any full-time educational provisions and as a result we are not Ofsted registered. Referrers should not engage with us if they are looking for full-time education or for the majority/main part of a YP’s education to be supported by us. Our provisions are designed to be in addition to support the young person has from other agencies/parties to meet their needs.

We do not and can not provide over 18 hours per week of provision to any young person, in any circumstances. Where a young person has an EHCP, we cannot be the sole provider of their educational provision, irrespective of the number of hours per week we are asked to provide, as we cannot provide all, or substantially all, of a young person’s education.

2. Definitions and Interpretation

The following definitions and rules of interpretation apply in these Terms:

Applicable Laws means all applicable laws, statutes, regulations from time to time in force;

Business Day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;

Charges means the charges payable by the Customer for the supply of the Services in accordance with clause 6;

Contract means the contract between the Supplier and the Customer for the supply of Services in accordance with these Terms;

Customer means the person, company or organisation who procures Services from the Supplier and references to “you” and “your” shall refer to the Customer;

Customer Default has the meaning set out in clause 5;

Deliverables means any output of the Services to be provided by the Supplier to the Customer as specified in the Referral Form and any other documents, products and materials provided by the Supplier to the Customer in relation to the Services;

Intellectual Property Rights means patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

Party means the Supplier or the Customer as applicable and “Parties” means both the Supplier and the Customer;

Referral Form means the form provided by the Supplier to the Customer in accordance with clause 4.1;

Services means the provision of an outsourced educational support service provided by the Supplier to deliver educational services to young persons referred by the Customer as shall be more particularly described in the Referral Form or otherwise agreed in writing;

Terms means these terms and conditions as amended from time to time in accordance with clause 1 and/or 14.

Clause, Schedule and paragraph headings shall not affect the interpretation of these Terms.

A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that legislation or legislative provision.

Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

A reference to writing or written includes email.

3. Basis of Contract

The Customer may procure Services from the Supplier from time to time in accordance with the provisions of these Terms.

These Terms and the Referral Form or written acknowledgement provided pursuant to clause 4.1 shall together form the Contract.

These Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

4. Supply of Services

Details of the Way We Work are provided in the Appendix to these Terms.

The details of the Services shall be agreed in the following manner:

4.1. Referral form

• The Customer shall provide the Supplier with as much information as the Supplier reasonably requires in relation to the referral including, as applicable, the details of the young person or persons, the required Services, the location where the Services are to be provided, Young Person Risk Assessments, Positive Behaviour Supports Plans, Education, Health and Care Plans, Personal Education Plans, any therapeutic assessments including CAMHS reports, any accident or medical reports, any specific additional risk factors e.g. fire started, RSO, persistent allegations against staff, sexualised behaviours, physically challenging behaviours; and any other details relevant to the Services;

4.2. Following receipt of the referral form

• Following receipt of the information requested from the Customer the Supplier shall review the documentation provided to establish whether it is a suitable provider for the young person and as soon as reasonably practicable, either:

  • inform the Customer that it declines to provide the requested Services; or

  • provide the Customer with a Referral Form or if the Customer prefers not to use a Referral Form, otherwise acknowledge the Customer’s request for Services setting out the scope and Charges for the Services in writing;

  • if the Supplier provides the Customer with a Referral Form pursuant to clause 4.1, the Customer shall confirm its acceptance of the Referral Form by written signature, at which point and on which date, the Contract shall come into existence;

• where the scope and Charges for the Services have been notified in writing by the Supplier to the Customer pursuant to clause 4.1 or in the absence of signature by the Customer of the Referral Form, the Contract shall come into existence on the date of commencement of the Services and such commencement shall be deemed acceptance of the Referral Form or acknowledgement of scope and Charges for the Services (as applicable) and these Terms by the Customer.

The Supplier shall use all reasonable endeavours to meet any performance dates agreed whether in the Referral Form or otherwise in writing, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

The Supplier will not make contact with parents/caregivers or Young Person until the Customer has given explicit permission for it do so and after the above process has been undertaken.

The Supplier warrants to the Customer that the Services shall be provided using reasonable care and skill and in accordance with all Applicable Laws.

The Services will be provided by Targeted Provisions’ central team and its teachers (tutors), mentors or therapists (together the ‘Workers’). For the avoidance of doubt, the Company provides a managed service and is not an employment business.

The Supplier shall, if requested, share all relevant information regarding Workers engaged in the provision of the Services with the Customer including up to date enhanced DBS certificate, references from previous Referring Bodies and personal contact information.

The Supplier may at any time, replace a Worker with a suitably qualified and skilled substitute to perform the Services on the Supplier’s behalf.

5. Customer’s Obligations

The Customer shall:

• co-operate with the Supplier in all matters relating to the Services;

• provide the Supplier with such information and materials as the Supplier may reasonably require (including but not limited to the information and materials referred to in clause 3) in order to supply the Services, and ensure that such information is complete and accurate in all material respects;

• obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;

• provide for the Supplier and its Workers, in a timely manner and at no charge, access to the Customer’s premises as reasonably required by the Supplier including any such access as is specified in a Referral Form; and

• inform the Supplier of all health and safety and security requirements that apply at the Customer’s premises.

• only share details of the Supplier with the family or responsible adults of the young person for whom the Services are arranged once they have made the referral and confirmed funding. The Supplier will not engage with the young person’s family or caregivers before this stage if they do not feel it is appropriate.

If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (‘Customer Default’):

• without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;

• the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause; and

• the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

6. Charges and Payment

The Charges for the Services shall comprise of hourly rates which shall be set out in the Referral Form or written acknowledgement.

Charges will only be incurred for Services provided except that cancellations of individual sessions will only be accepted with a minimum of 24 hours’ notice prior to the session start time. Charges will be payable for any session cancelled within 24 hours of the session start time or where a young person fails to attend a session.

For referrals where logistical barriers mean that we are unable to deliver our support despite our best efforts, we will, in agreement with the commissioner, or when we receive no response from the commissioner, place the referral “on hold”. We will charge the equivalent of one hour per week to keep the referral open during this time, meaning that we are available to support all parties to restart the tuition. The commissioner should provide at least 24 hours’ notice to close the referral while it is on hold.

The Supplier shall invoice the Customer for the Charges monthly in arrears.

The Customer shall pay each invoice submitted by the Supplier within 30 days of the date of the invoice in full and in cleared funds to a bank account nominated in writing by the Supplier.

All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier’s remedies under clause 10, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Interest under this clause 6 will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%.

All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7. Intellectual Property Rights

All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by the Supplier.

The Supplier grants to the Customer, or shall procure the direct grant to the Customer of, a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and irrevocable licence to copy the Deliverables (excluding materials provided by the Customer) for the purpose of receiving and using the Services and the Deliverables.

The Customer shall not sub-license, assign or otherwise transfer the rights granted in this clause

The Customer grants to the Supplier a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the Customer to the Supplier for the term of the Contract for the purpose of providing the Services to the Customer.

8. Data Protection

The following definitions apply in this clause :

• Agreed Purposes: to enable the Parties to comply with their obligations under the Contract including to enable the Supplier to determine the appropriate Services required for the young person who is the subject of a Referral Form and to enable the Supplier and its Workers to contact such young person for the purposes of the Services and to share information regarding the performance of the Services including where appropriate, details of the Worker, with the Customer;

• Controller, data controller, processor, data processor, data subject, personal data, processing and appropriate technical and organisational measures shall have the meanings as set out in the Data Protection Legislation in force at the time;

• Data Protection Legislation means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including the privacy of electronic communications;

• Permitted Recipients means the Parties to the Contract, the employees of each Party (including the Workers), and any third parties engaged to perform obligations in connection with the Contract or the provision of the Services;

• Shared Personal Data means the personal data to be shared between the Parties under the Contract. Shared Personal Data shall be confined to the following categories of information relevant to the following categories of data subject:

• name, email address, geographical postcode, mobile and home telephone number and IP address of young persons and/or their parent/legal guardian referred by Customer to Supplier;

• name, email address, geographical postcode, mobile and home telephone number and IP address of Workers shared by Supplier with Customer;

• UK Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

This clause 8 sets out the framework for the sharing of personal data between the Parties. For the avoidance of doubt, each Party is a data controller. Each party acknowledges that one Party (the Data Discloser) will regularly disclose to the other Party (the Data Recipient) Shared Personal Data collected by the Data Discloser for the Agreed Purposes.

Each Party shall comply with all the obligations imposed on a controller under the Data Protection Legislation.

Each Party shall:

• ensure that it has all necessary consents and notices in place to enable lawful transfer of the Shared Personal Data to the Data Recipient for the Agreed Purposes;

• give full information to any data subject whose personal data may be processed under the Contract of the nature such processing. This includes giving notice that, on the termination of the Contract, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;

• process the Shared Personal Data only for the Agreed Purposes;

• not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;

• ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less demanding than those imposed by these Terms;

• ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data; and

• not transfer any personal data outside of the EEA unless the transferor:

• complies with the provisions of Article 26 of the General Data Protection Regulation (in the event the third party is a joint controller); and

• ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 of the General Data Protection Regulation; (ii) there are appropriate safeguards in place pursuant to Article 46 of the General Data Protection Regulation; or (iii) one of the derogations for specific situations in Article 49 of the General Data Protection Regulation applies to the transfer.

Each Party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each Party shall:

• consult with the other Party about any notices given to data subjects in relation to the Shared Personal Data;

• promptly inform the other Party about the receipt of any data subject access request;

• provide the other Party with reasonable assistance in complying with any data subject access request;

• not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other Party wherever possible;

• assist the other Party, at the cost of the other Party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

• notify the other Party without undue delay on becoming aware of any breach of the Data Protection Legislation;

• at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of the Contract unless required by law to store the personal data;

• use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;

• maintain complete and accurate records and information to demonstrate its compliance with this clause 8 and allow for audits by the other Party or the other Party's designated auditor; and

• provide the other Party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the procedures to be followed in the event of a data security breach, and the regular review of the Parties' compliance with the Data Protection Legislation.

9. Insurance and Limitation of Liability

The Supplier has obtained and shall maintain for the duration of the Contract, the following levels of insurance cover in respect of its own legal liability:

• Employers Liability £10 million

• Public Liability £10 million

• Professional Indemnity £5 million

Nothing in the Contract shall limit either Parties’ liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability which is not permitted to be excluded or limited by law.

Subject to this clause , the Supplier’s total liability to the Customer under the Contract shall be limited to such amounts as are recovered under its insurance policies referred to in this clause. Where the Supplier’s liability is not recoverable under its insurance policies, the Supplier’s liability shall be limited to the Charges received from the Customer in the 12 months prior to the event giving rise to the liability.

Subject this clause, neither Party shall be liable to the other under the Contract for any indirect or consequential loss.

This clause 9 shall survive termination of the Contract.

10. Termination of the Contract

Without affecting any other right or remedy available to it, the Customer may terminate the Contract at any time by giving written notice to the Supplier.

Without affecting any other right or remedy available to it, the Supplier may terminate the Contract at any time by giving 4 weeks’ written notice to the Customer.

If, as a result of termination pursuant to this clause , an individual session is cancelled on less than 24 hours’ notice, clause 6 shall apply.

11. Consequences of Termination

On termination or expiry of the Contract, the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt.

Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

12. Confidentiality

Each Party undertakes that it shall not at any time disclose to any person any confidential information obtained from the other Party under or in connection with the Contract which is reasonably deemed to be confidential except as permitted by this clause. For the avoidance of doubt, all information provided in relation to a young person, parent, guardian or carer shall be deemed to be confidential information.

Each Party may disclose the other Party’s confidential information:

• to its employees, officers, representatives, Workers, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the Party’s obligations under the Contract. Each Party shall ensure that its employees, officers, representatives, Workers, contractors, subcontractors or advisers to whom it discloses the other Party’s confidential information comply with this clause 12; and

• as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

Neither Party shall use the other Party’s confidential information for any purpose other than to perform its obligations under the Contract.

13. Restriction

The Customer shall not, without the prior written consent of the Supplier, at any time from the date on which any Services commence to the expiry of 6 months after the completion of such Services:

• solicit or entice away from the Supplier; or

• employ or attempt to employ; or

• engage through any third party

• any person who is, or has been, engaged as an employee, consultant or subcontractor of the Supplier in the provision of such Services.

14. General

Force majeure

Neither Party shall be in breach of the Contract nor liable for any delay in performing, or failure to perform, any of its obligations under the Contract (excepting payment obligations) if such delay or failure result from events, circumstances or causes beyond its reasonable control.

Assignment

Neither Party shall assign, transfer, mortgage, charge, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the other Party (such consent not to be unreasonably withheld or delayed).

Relationship of the Parties.

Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the Parties, constitute either Party the agent of the other Party, or authorise either Party to make or enter into any commitments for or on behalf of the other Party.

The Contract constitutes a contract for the provision of services and not a contract of employment and accordingly the Supplier shall be fully responsible for any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Services, where the recovery is not prohibited by law.

The Supplier shall further be liable for any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by a Worker against the Customer arising out of or in connection with the provision of the Services, except where such claim is as a result of any act or omission of the Customer.

Entire agreement

The Contract constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

The Customer acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each of the Parties agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

Nothing in this clause shall limit or exclude any liability for fraud.

Variation

Except as set out in these Terms, no variation of the Contract shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).

Waiver

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a Party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part-provision of the Contract is deleted under this clause the Parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

Notices

Any notice given to a Party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case) or sent by email to the address specified in the Referral Form.

Any notice shall be deemed to have been received:

• if delivered by hand, at the time the notice is left at the proper address;

• if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or

• if sent by email at the time of transmission provided no error message is received, or, if this time falls outside of 9.00am to 5.00pm, at 9.00am on the next Business Day.

This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

Third party rights

The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

15. Governing law.

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

16. Jurisdiction.

Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

17. APPENDIX

17.1. The Way We Work

Services provided by the Supplier (also referred to as “us”, “our” and “we” in this Appendix) include, but are not limited to:

• Review of referral documentation, including a young person (YP) Personal Education Plan (PEP), Education, Health and Care Plan (EHCP), risk assessments, school reports and any associated education or health reports relevant to the referral. This process is critical to ensure that we understand the specific needs of the YP and that our wraparound service is a suitable solution for said needs.

• Provision of a suitably qualified education professional (tutor), mentor or therapist (together, ’Workers’) who we consider best matches the specific needs of the YP. Workers are not our employees and are engaged under a contract for services.

• Support for the Young People and Workers including regular review of provision, training, guidance and attendance at strategy meetings by our SEND Specialist Team.

• We will always ask about specific risks surrounding the YP in question and we use reasonable endeavours to ensure that we receive full disclosure about these risks. If any commissioning body makes us aware of risks surrounding the YP, and, for whatever reason, refuses or fails to supply this risk information, we will not go ahead with the referral. Once collated, all risk management information will be reviewed by us and shared with Workers prior to them providing any element of support to the YP. This will be shared with the Worker in writing as part of our agreed contract for services with them. In a reciprocal manner, if requested, we will share all pertinent information regarding Workers, with their consent, with the placement including:

  • Up to date enhanced DBS certificate.

  • References form previous Local Authority/School

  • Personal contact information

• We undertake weekly reporting of progress based on information Workers share with us, including conclusive reporting and progress towards specific outcomes. This information is shared between our SEND Specialist Team and the commissioning body. These reports are our primary way of communicating progress with the commissioner, so we ask that contact details for all those who need to review reports are provided to us at the point of referral, or as the need arises. We include data on engagement and attendance in these reports. They should be reviewed regularly by commissioners wishing to gain a clear picture of the services being delivered.

• We recognise the need for the commissioner to review high level data about our support. We have developed a live, online portal which provides details of the support being delivered to all young people (including hours requested and remaining, attendance, engagement). This portal has been developed to share all data points that we are regularly asked for. We ask that commissioners use these portals to gather the data they require, before asking for additional documents to be completed.

• We are free to attend PEP reviews and EHCP annual reviews. As a crucial part of the Graduated Response, part of our service is to ensure we make ourselves available to attend meetings which concern the YP we have worked with.

• Safeguarding support. It is our statutory obligation to put safeguarding at the forefront of all we do, but we go beyond statutory obligations and regularly report on the well-being and progress in relation to SEMH needs for every young person. We make ourselves available to attend meetings which address the safety and welfare of a young person.

• We can arrange specific venues to deliver education and other support. We appreciate that YP come with a variety of needs and, where required, we will work with third parties to find locations which are suitable for the YP.

• We are an Open Awards exam centre and can provide Functional Skills qualifications remotely for young people with access to suitable technology. We can arrange for YP to sit other specific examinations as independent candidates, ensuring we have appropriate relationships with exam centres nearby.

We require that any Workers who apply for and accept work with us under a Contracts For Services go through a rigorous Safer Recruitment Process, including an interview, security vetting and acknowledgement of Our Safeguarding and Child Protection Policy.

All Workers are trained professionals and will have the freedom to use their own professional judgement for the delivery of their sessions. We will not engage with Workers if we think they are not suitably qualified to meet Additional Educational Needs.

17.2. Managing Risk

Below is a summary of the reasonable steps we take to protect Workers and young people, it is not an exhaustive list of our attitudes to risk and our Safeguarding and Child Protection Policy should be read together with these terms.

• Production, monitoring, updating and sharing our Risk Assessment Policy.

• Collecting risks associated with YP at the point of referral.

• Sharing all known risks with the Worker before any provisions commence.

• Providing a risk assessment for the YP and the Worker, for every referral, as part of their Contract For Services.

• Highlighting steps taken to protect safety in Workers’ Contract For Services.

• Asking Workers about risks and risk management as part of their Safer Recruitment, including asking whether they are willing to work with increased risks surrounding certain YP.

• Conducting a bi-annual Risk Assessment Audit of our approach to risk management, implementing improvements on the back of the audit.

Risks to Workers and YP can emerge from a variety of places and present themselves in a variety of ways. We ensure that we always do all we reasonably can to request risk profiles of the YP we work with from those who commission us for support.

We do not support lone working. A responsible adult must be in the vicinity whilst our services are being delivered. Please see Our Safeguarding and Child Protection Policy for more information.