Adult education budget (AEB) devolution
This guide contains information for providers with a current Education and Skills Funding Agency funding agreement and AEB allocation.
From 1 August 2019, the adult education budget (AEB) is apportioned between the ESFA and six mayoral combined authorities (MCA’s) and the Greater London Authority (GLA).
As part of the devolution deals, certain adult education functions, in the Apprenticeships Skills, Children and Learning Act 2009 which are funded by the AEB, have now been transferred from the Secretary of State for Education to the 6 MCAs in relation to their respective areas by Legislative Orders. These functions have been delegated to the Mayor of London in respect of the GLA.
Further information on the devolution of the adult education budget can be found in the background to AEB devolution section of this guide.
Details confirming how the AEB is apportioned between the ESFA and MCA/GLA can be found in the adult education budget (AEB) 2019 to 2020 residency funding calculations video, below.
2019 residency funding calculations
The ESFA will continue to be responsible for:
- funding learners in England that are resident outside of the devolved areas
- funding for continuing learners both inside and outside devolved areas (learners that were in learning in 2018 to 2019 and will not complete their programmes by 31 July 2019) – for one year only
- 19 to 24 traineeships, which will remain a national programme, with funding provided by ESFA irrespective of where the learner resides in England.
- learners resident in England, attending providers who meet the following specified criteria and will be funded nationally in 2019 to 2020 and 2020 to 2021:
- qualify for a financial residential uplift for their learning provision; and
- receive more than two thirds of their income from the adult education budget; and
- target their provision predominantly at those most disadvantaged in society
The providers which currently meet these criteria are:
- Fircroft College, Birmingham,
- Richmond and Hillcroft Adult and Community College London (Specific arrangement in place with the Greater London Authority)
- Northern College, Barnsley, and
- Ruskin College, Oxfordshire
Allocations to these providers were made nationally by the ESFA in March 2019. These providers can use this funding to deliver provision to eligible learners resident anywhere in England.
Devolved authorities are also able to have funding relationships in place with the above providers during the 2 year transitional period in addition to those provided by the ESFA.
The following guidance remains in place for ESFA funded AEB:
- 19+ funding allocations
- AEB funding rules for 2019 to 2020
- AEB Legal Entitlements and Eligibility
- AEB funding rates and formula 2019 to 2020
- ILR specification, validation rules and appendices 2019 to 2020
- ESFA Education and Skills contracts 2019 to 2020
From 1 August 2019, the ESFA is no longer responsible for administering the AEB in the following devolved areas:
- Cambridgeshire and Peterborough
- Greater Manchester
- Greater London
- Liverpool City Region
- Tees Valley
- West Midlands
- West of England
A map of the mayoral combined authorities (Greater London is not a ‘combined authority’, but is included here for completeness).
The government is working closely with two further MCAs: North of Tyne and Sheffield City Region, if Parliament approves the relevant legislation, powers will be transferred to North of Tyne Combined Authority for the 2020 to 2021 academic year in order for them to take on these new responsibilities for the Adult Education Budget.
Subject to Sheffield City Region being ready and the statutory test being met they will also take on responsibilities in 2020 to 2021 academic year. We will continue to work to support both these authorities in their preparations.
Further information
You can find further information about devolved authorities’ adult skills (AEB) on the devolved authorities’s websites:
- Cambridgeshire and Peterborough
- Greater Manchester
- Greater London
- Liverpool City Region
- Tees Valley
- West Midlands
- West of England
Devolution of the AEB
The Department for Education (DfE) has published statutory guidance which provides clarity for the MCA in the exercise of their adult education functions and the associated budget.
The apportioned devolved AEB has been transferred by the Department for Education to the MCAs/GLA and grant letters setting out the details of the payments made under a Section 31 non ring-fenced transfer (Local Government Act 2003) to the MCAs have been published. The grant to the Mayor of London was transferred under section 39A of the Greater London Authority Act 1999.
The National Local Growth Assurance Framework provides guidance to MCAs to support the development of their own assurance frameworks, governing the appropriate use of public money, including their devolved AEB.
We agreed Memoranda of Understanding (MoU) between DfE, MCAs and the Mayor of London for the devolution of adult education functions, setting out agreed ways of working between the organisations.
Further advice for providers
To support the implementation of AEB devolution we have put in place a number of working arrangements with the MCAs/GLA. These arrangements are summarised below.
Devolved authorities will decide, from the 2019 to 2020 academic year, which providers they have a funding relationship with to deliver AEB provision (excluding 19 to 24 traineeships) for learners resident in their respective areas.
Providers who wish to deliver to learners who are resident in areas where the AEB is devolved will need to discuss funding arrangements with the relevant authority, because the funding to support these learners has been devolved to the authorities.
All providers are reminded that it is their responsibility to ensure appropriate funding agreements are in place with the relevant funding body (ESFA or devolved authorities) in 2019 to 2020 for learners they claim AEB funding for and providers must make sure that an individual is eligible before claiming funding for them. Providers can check which funding body will be responsible for funding the learner using the devolution postcode data set (see below).
Submit Learner Data post-devolution
Learner data will continue to be gathered from providers in a national data system via the Individualised Learner Record (ILR) and all providers should familiarise themselves with ILR specification, validation rules and appendices 2019 to 2020.
We have added some additional fields/codes to the ILR which will allow for the MCA/GLA to apply particular variations from the national ESFAAEB funding model to take account of local flexibilities.
We will produce and share with MCAs/GLA a report on the data submitted via the ILR which covers learners in their area. We will also share with providers a report indicating the MCA/GLA responsible for funding learners enrolled by the provider.
A new devolved Occupancy Report has been created which sets out the income due to each provider based on the ILR data submitted. For providers with learners in a devolved area, this figure may be further adjusted as a result of additional calculations relating to funding rules specific to that devolved area.
Devolution postcode dataset guidance
We have published a file detailing the funding bodies (ESFA/MCA/GLA) responsible for funding each postcode in England and an accompanying guidance document.
Providers can use this data file to support their learner enrolment and completion of the ILR, by assessing which learners will be funded by each funding body based on their postcode at the start of their learning – and ensuring they have an appropriate funding agreement in place.
Providers should ensure that learner postcode information is accurate and up to date at the point of enrolment, as this may affect funding eligibility.
Audit, assurance, fraud and investigations arrangements post-devolution of the AEB
We will continue to remain responsible for providing appropriate assurance in relation to the funding we provide and will continue to deliver our ESFA programme of assurance.
We have agreed with the MCA/GLA to share annual assurance statements on an April to March financial year basis. The funding body (ESFA/MCA/GLA) producing each statement will set out the assurances it has over the providers detailed within the statement. The annual assurance statement will be supported by a code of practice detailing the approach taken by the funding body (ESFA/MCA/GLA) to obtain assurance over the provision the organisation funds.
We have agreed with the MCA/GLA that they can nominate a maximum of three providers where their learners are sampled from within ESFA assurance activity in relation to providers that are funded by both the ESFA and the individual MCA/GLA. These providers may be providers that we were going to audit routinely, or providers specified by the devolved authority.
We will share our random and risk audit activity with the devolved authorities to agree which providers they would like audited. Samples of their learners will then be determined for audit purposes and the audit will be consistent with devolved authorities funding rules.
Where devolved learners are audited, the results of the audit will be shared with the devolved authority and each devolved authority will determine what action they want to take– this may include the recovery of funds.Under Data Sharing Arrangements we will share financial health grades and key financial indicators with devolved authorities, we will only share financial information with the devolved authority once we have informed individual organisations.
If we suspect fraud or financial irregularity or if we receive information and/or allegations specifically about AEB funding which is funded by both us and the devolved authorities, we will share the details with the devolved authority.
Where we are the sole funder, we will not routinely share information with the devolved authority, but we will consider this on a case by case basis.
We have agreed with the devolved authorities that these arrangements will be reciprocal.
Providers should ensure that they remain fully compliant with our funding and performance management rules, conditions of funding and Post 16 Audit Code of Practice.
Providers delivering AEB to residents of devolved authorities must ensure that they comply with the requirements of the appropriate devolved authority.
ESFA’s Approach to Audit Assurance Fraud and Investigations
College and Independent Training Providers Oversight
In April 2019 we introduced the national college oversight support and intervention regime. The college oversight regime comprises categories of support and intervention, from prevention through to early and formal intervention and, if necessary, restructure or the exit of a provider from the market.
National guidance on the oversight of Independent Training Providers has also been introduced.
In order to fulfil our oversight functions, we have agreed with the MCA/GLA to share information, on a national and consistent basis, in accordance with appropriate data sharing mechanisms and the Memorandum of Understanding.
When intervention is likely, both ESFA and MCA/GLA, as funding stakeholders, will engage in dialogue, how and when this engagement takes place will vary, subject to the type of provider concerned, what the risks and issues are and the scale of funding interest of the ESFA/MCA/GLA.
ESFA’s approach to college and ITP oversight
Managing AEB enquiries post-devolution
From 1 August 2019, the ESFA will remain responsible for handling enquiries and complaints from providers, other stakeholders and learners in respect of ESFA funded AEB.
The MCA/GLA will be responsible for responding to enquiries and complaints in respect of devolved AEB and the administration of the devolved AEB.
Responsibilities for devolved authorities
In line with the legislative orders, delegation agreement and statutory guidance, the devolved authorities must:
- adopt learner eligibility rules for awards by an institution to which it makes grants loans or other payments in accordance with any direction given by the Secretary of State
- have regard to guidance issued by the Secretary of State
- must ensure access and funding for the statutory entitlements for their residents
The devolved authorities will be responsible for commissioning and contracting AEB provision in their local areas. They will:
- manage and be accountable for the budget transferred to them
- allocate the funds transferred to them determining their own procurement requirements (and compliance with the appropriate legal regulations)
- have the freedom to set their own priorities (strategic skills plans)
- determine their own funding and performance management rules
- set their own contracting and conditions of funding arrangements
- set and put in place their own funding rates and payments arrangements
- publish their own funding and performance management rules; and
- manage providers with whom they have a contract/funding agreement
Providers who wish to deliver to learners who are resident in areas where the AEB is devolved will need to discuss funding arrangements with the relevant authority, because the funding to support these learners has been devolved to the authorities.
Background to AEB devolution
In 2015 to 2016, the government agreed a series of devolution deals between central government and local areas (Mayoral Combined Authorities) (MCAs) in England.
As part of the devolution deals, certain adult education functions, in the Apprenticeships Skills, Children and Learning Act 2009, which are funded by the AEB, have been transferred to 6 MCAs in relation to their respective areas by legislative orders made under the Local Democracy, Economic Development and Construction Act 2009. These functions have been delegated to the Mayor of London under section 39A of the Greater London Authority Act 1999 (see delegation letter).
The Department for Education (DfE) will transfer the relevant part of the AEB participation budget to the MCAs and the Mayor of London to undertake the adult education functions. These arrangements are commonly described as ‘AEB devolution’ and apply from academic year 2019 to 2020; the MCAs and the Mayor of London (acting where appropriate through the Greater London Authority (GLA)) are referred to here as ‘the devolved authorities’.
What AEB devolution includes
Functions of the Secretary of State to be transferred to the Mayoral Combined Authority and delegated to the Mayor of London in relation to the area.
The orders and delegation agreement provide for the transfer and delegation of the following adult education functions in the Apprenticeships, Skills, Children and Learning Act 2009 from the Secretary of State for Education to the 6 MCAs and GLA in relation to their areas:
- section 86 which relates to education and training for persons aged 19 or over
- section 87 which relates to learning aims for such persons: and provision of facilities
- section 88 which relates to the payment of tuition fees for such persons
The MCA and GLA, instead of the Secretary of State, will be responsible for these functions in their area.
Functions of the Secretary of State to be exercisable concurrently with the combined authority and the Mayor of London in relation to the area.
The orders and delegation agreement provide for the following adult education functions in the Apprenticeships, Skills, Children and Learning Act 2009 to be exercised concurrently by the Secretary of State for Education and the 6 MCAs and GLA in relation to their areas:
- section 90 which relates to the encouragement of education and training for persons aged 19 or over and
- section 100 (1) which relates to the provision of financial resources
Conditions
Through the orders and delegation agreement, the Secretary of State for Education has set the following conditions on MCAs and the GLA:
- the mayoral combined authority and GLA must adopt learner eligibility rules for awards by an institution to which it makes grants loans or other payments in accordance with any direction given by the Secretary of State
- in exercising these functions, the mayoral combined authority and GLA must have regard to guidance issued by the Secretary of State
The Department for Education (DfE) retains the power to specify which qualifications are part of the statutory entitlements, as the government is not transferring this to devolved authorities.
The devolved authorities are required to fully fund statutory entitlements for eligible learners in their respective areas. The ESFA will continue to provide full funding for the statutory entitlements for learners in England outside the devolved areas.
The exercise of devolved adult education functions (statutory guidance)
In July 2018, the Department for Education published statutory guidance. This guidance provides MCAs with clarity in the exercise of their adult education functions and the associated budget. Similar guidance has been developed for the Mayor of London.
Exclusions
DfE will not transfer or delegate functions relating to apprenticeships training, persons subject to adult detention or any power to make regulations or orders.
Traineeships for 19 to 24-year-olds will remain a nationally-funded and contracted programme with funds provided by ESFA, regardless of where trainees reside.
Published 7 November 2018
Last updated 13 August 2019 + show all updates
- From 1 August 2019, the adult education budget (AEB) is apportioned between the ESFA and six mayoral combined authorities (MCA’s) and the Greater London Authority (GLA). We have updated this guide to reflect this.
- The guide has been updated to reflect the publishing of the grant determination letters on 27 March 2019. These changes have been made within the ‘Devolved authorities’ AEB’ section.
- The Adult Education Budget devolution guide has been updated.
- We have updated the information on the timetable.
- First published.
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