Common use of Learner Health, Safety & Welfare Clause in Contracts

Learner Health, Safety & Welfare. 9.1. The Contractor shall ensure so far as reasonably practicable that learning takes place in safe, healthy and supportive environments, which meet the needs of learners. The Contractor shall provide information to the ESFA, as and when specifically requested, to give assurance that adequate arrangements exist for Learner Health, Safety and Welfare. 9.2. Where part of the learning takes place in an environment outside the direct control of the Contractor, the Contractor shall take all reasonable steps to ensure that adequate arrangements are in place to ensure the health and safety of Learners. 9.3. The Contractor shall make arrangements for ensuring that the Provision is provided with a view to safeguarding and promoting the welfare of Children receiving education or training at the institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. In doing so, the Contractor shall have regard to any guidance published, from time to time, by the Secretary of State for Education, which sets out the expectations in relation to safeguarding practice within further education institutions. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.4. The Contractor shall make arrangements for ensuring that the Provision is provided with a view to safeguarding and promoting the welfare of High Needs Learners aged 18 to 25 receiving education or training at their institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. This must include the adoption of safer recruitment procedures. In doing so, the Contractor shall make those arrangements as if such Learners were Children and must have regard to any guidance published, from time to time, by the Secretary of State for Education, which sets out the expectations in relation to safeguarding practice within further education institutions as if it applied to those Learners as if they were Children. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.5. The Contractor must carry out appropriate Disclosure and Barring Service checks on all overseas applicants for employment where such applicants would be employed to work in regulated activity relating to Children or vulnerable adults (as defined by the Safeguarding Vulnerable Groups Act 2006) if successful, and must seek additional information about an applicant’s conduct. 9.6. In working with other organisations/bodies, the Contractor shall make arrangements to co-ordinate and co-operate effectively for reasons of Learner health, safety and welfare. In particular, respective responsibilities shall be clearly identified and documented as appropriate, to ensure understanding. 9.7. In providing the Services, the Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all. 9.8. In providing the Services, the Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 xxxxx://xxx.xxx.xx/government/publications/prevent-duty-guidance/prevent- duty-guidance-for-further-education-institutions-in-england-and-wales. Failure to do so may constitute a Serious Breach of this Contract. 9.9. In providing the Services, the Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty). Failure to do so may constitute a Serious Breach of this Contract. 9.10. Where the Contractor or one of the Contractor Related Parties: 9.10.1. is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in clause 9.7 or the ability of the Contractor or the Contractor Related Parties to comply with the Prevent duty, or 9.10.2. makes a referral of an individual member of Contractor Personnel for the purposes of determining whether that member of Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, 9.10.3. the Contractor will ensure it notifies the ESFA via the Contact Form: xxxxx://xxx.xxx.xx/government/organisations/education-and-skills- funding-agency of that incident(s) and/or that a referral has been made. 9.11. The Contractor shall not employ or engage, or continue to employ or engage, any person who is subject to a prohibition order made under section 141B of the Education Act 2002 to carry out teaching work (as defined in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012 in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012). 9.12. Before employing or engaging a person to carry out teaching work in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), the Contractor shall take reasonable steps to ascertain whether that person is subject to a prohibition order made under section 141B of the Education Act 2002, or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012. 9.13. The Contractor shall, in circumstances where it sub-contracts the management and/or delivery of the Services under this Contract, ensure that all the provisions in respect of Learner Health, Safety and Welfare in this Clause 9 are included in its contract with Sub-Contractors. 9.14. The Contractor shall inform the ESFA of the death of any Learner which is a result of work undertaken whilst in employment and who is undertaking a related Learning Programme. This shall be done by informing the ESFA’s representative by telephone or email immediately upon the Contractor becoming aware of the event. 9.15. The Contractor shall report all RIDDOR reportable incidents in line with the Regulations, and shall investigate or assess the circumstances of all Learner incidents within the scope of RIDDOR and follow HSE guidance ‘Investigating accidents and incidents: A workbook for employers, unions, safety representatives and safety professionals’ (HSG245) ISBN 0717628272. The Contractor shall only use persons competent to investigate/assess Learner incidents with a view to identifying the causes of any incident and lessons to be learned. 9.16. The Contractor shall also monitor, and act on, any other harm to Learners to the extent that the Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment. 9.17. The Contractor shall co-operate with the ESFA and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect to those Learners to which it applies. 9.18. The Contractor and/or the Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken. Failure to do so will constitute a Serious Breach. 9.19. Where the Contractor or one of its Contractor Related Parties refer: (a) a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or (b) an allegation of abuse made against a teacher or other member of staff to the designated officer(s) (at the local authority), the Contractor must, as soon as practicable, inform the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education-and-skills-funding- agency.. Such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police. 9.20. Where the Contractor makes a referral of an individual for the purposes of determining whether that individual should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, the Contractor shall ensure it notifies the ESFA that a referral has been made. 9.21. In so far as permitted by Law, where the Contractor has made a referral or provided information to the Disclosure and Barring Service in compliance with any duties of the Contractor under the Safeguarding Vulnerable Groups Act 2006, the Contractor shall ensure that it informs the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education- and-skills-funding-agency that a referral has been made / information has been provided.

Learner Health, Safety & Welfare. 9.1. 8.1 The Contractor shall ensure so far as reasonably practicable that learning takes place in safe, healthy and supportive environments, which meet the needs of learnersLearners. The Contractor shall provide information to the ESFA, as and when specifically requested, to give assurance that adequate arrangements exist for Learner Healthhealth, Safety safety and Welfarewelfare. 9.2. 8.2 Where part of the learning takes place in an environment outside the direct control of the Contractor, the Contractor shall take all reasonable steps to ensure that adequate arrangements are in place to ensure the health and safety of Learners. 9.3. 8.3 The Contractor shall make arrangements for ensuring that the Provision is provided with a view to safeguarding and promoting the welfare of Children receiving education or training at the institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. In doing so, the Contractor shall have regard to any guidance published, from time to time, by the Secretary of State for Education, Education which sets out the expectations in relation to safeguarding practice within further education institutions. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this ContractAgreement, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.4. 8.4 The Contractor shall make arrangements for ensuring that the Provision is provided with a view to safeguarding and promoting the welfare of High Needs Learners aged 18 to 25 receiving education or training at their institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. This must include the adoption of safer recruitment procedures. In doing so, the Contractor shall make those arrangements as if such Learners were Children and must will have regard to any guidance published, from time to time, by the Secretary of State for Education, Education which sets out the expectations in relation to safeguarding practice within further education institutions as if it applied to those Learners as if they were Children. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this ContractAgreement, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.5. 8.5 The Contractor must carry out appropriate Disclosure disclosure and Barring Service barring service checks on all overseas applicants for employment where such applicants would be employed to work in regulated activity relating to Children or vulnerable adults (as defined by the Safeguarding Vulnerable Groups Act 2006) if successful, and must seek additional information about an applicant’s conduct. 9.6. 8.6 In working with other organisations/bodies, the Contractor shall make arrangements to co-ordinate and co-operate effectively for reasons of Learner health, safety and welfare. In particular, respective responsibilities shall be clearly identified and documented as appropriate, to ensure understanding. 9.7. 8.7 In providing the Services, the Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all. 9.8. 8.8 In providing the Services, the Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 xxxxx://xxx.xxx.xx/government/publications/prevent-duty-guidance/prevent- duty-guidance-for-further-education-institutions-in-england-and-wales2015. Failure to do so may constitute a Serious Breach of this Contract. 9.9. 8.9 In providing the Services, Services the Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-co- operation duty). Failure to do so may constitute a and Serious Breach of this Contract. 9.10. Where the Contractor or one of the Contractor Related Parties: 9.10.1. is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in clause 9.7 or the ability of the Contractor or the Contractor Related Parties to comply with the Prevent duty, or 9.10.2. makes a referral of an individual member of Contractor Personnel for the purposes of determining whether that member of Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, 9.10.3. the Contractor will ensure it notifies the ESFA via the Contact Form: xxxxx://xxx.xxx.xx/government/organisations/education-and-skills- funding-agency of that incident(s) and/or that a referral has been made. 9.11. 8.10 The Contractor shall not employ or engage, or continue to employ or engage, any person who is subject to a prohibition order made under section 141B of the Education Act 2002 to carry out teaching work (as defined in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012 in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012). 9.12. 8.11 Before employing or engaging a person to carry out teaching work in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), the Contractor shall take reasonable steps to ascertain whether that person is subject to a prohibition order made under section 141B of the Education Act 2002, or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012. 9.13. 8.12 The Contractor shall, in circumstances where it sub-contracts the management and/or delivery of the Services under this Contract, ensure that all the provisions in respect of Learner Healthhealth, Safety safety and Welfare welfare in this Clause 9 8 are included in its contract with Subeach sub-Contractorscontractor. 9.14. 8.13 The Contractor shall inform the ESFA of the death of any Learner which is a result of work undertaken whilst in employment and who is undertaking a related Learning Programme. This shall be done by informing the ESFA’s representative by telephone or email immediately upon the Contractor becoming aware of the eventdeath. 9.15. 8.14 The Contractor shall report all RIDDOR reportable incidents in line with the Regulationsincidents, and shall investigate or assess the circumstances of all Learner incidents within the scope of RIDDOR and follow HSE guidance ‘Investigating accidents and incidents: A workbook for employers, unions, safety representatives and safety professionals’ (HSG245) ISBN 0717628272. The Contractor shall only use persons competent to investigate/assess Learner incidents with a view to identifying the causes of any incident and lessons to be learned. 9.16. The Contractor shall also monitor, and act on, any other harm to Learners to the extent that the Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment. 9.17. The Contractor shall co-operate with the ESFA and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect to those Learners to which it applies. 9.18. The Contractor and/or the Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken. Failure to do so will constitute a Serious Breach. 9.19. Where the Contractor or one of its Contractor Related Parties refer: (a) a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or (b) an allegation of abuse made against a teacher or other member of staff to the designated officer(s) (at the local authority), the Contractor must, as soon as practicable, inform the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education-and-skills-funding- agency.. Such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police. 9.20. Where the Contractor makes a referral of an individual for the purposes of determining whether that individual should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, the Contractor shall ensure it notifies the ESFA that a referral has been made. 9.21. In so far as permitted by Law, where the Contractor has made a referral or provided information to the Disclosure and Barring Service in compliance with any duties of the Contractor under the Safeguarding Vulnerable Groups Act 2006, the Contractor shall ensure that it informs the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education- and-skills-funding-agency that a referral has been made / information has been provided.

Learner Health, Safety & Welfare. 9.18.1. The Contractor shall ensure so far as reasonably practicable that learning takes place in safe, healthy and supportive environments, which meet the needs of learnersLearners. The Contractor shall provide information to the ESFA, as and when specifically requested, to give assurance that adequate arrangements exist for Learner Health, Safety and Welfare. 9.28.2. Where part of the learning takes place in an environment outside the direct control of the Contractor, the Contractor shall take all reasonable steps to ensure that adequate arrangements are in place to ensure the health and safety of Learners. 9.38.3. The Contractor shall make arrangements for ensuring that the Provision is Services are provided with a view to safeguarding and promoting the welfare of Children receiving education or training at the institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. In doing so, the Contractor shall have regard to any guidance published, from time to time, by the Secretary of State for Education, Education which sets out the expectations in relation to safeguarding practice within further education institutions. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.48.4. The Contractor shall make arrangements for ensuring that the Provision is Services are provided with a view to safeguarding and promoting the welfare of High Needs Learners aged 18 to 25 receiving education or training at their institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. This must include the adoption of safer recruitment procedures. In doing so, the Contractor shall make those arrangements as if such Learners were Children and must have regard to any guidance published, from time to time, by the Secretary of State for Education, Education which sets out the expectations in relation to safeguarding practice within further education institutions as if it applied to those Learners as if they were Children. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.58.5. The Contractor must carry out appropriate Disclosure disclosure and Barring Service barring service checks on all overseas applicants for employment where such applicants would be employed to work in regulated activity relating to Children or vulnerable adults (as defined by the Safeguarding Vulnerable Groups Act 2006) if successful, and must seek additional information about an applicant’s conduct. 9.68.6. In working with other organisations/bodies, the Contractor shall make arrangements to co-ordinate and co-operate effectively for reasons of Learner health, safety and welfare. In particular, respective responsibilities shall be clearly identified and documented as appropriate, to ensure understanding. 9.78.7. In providing the Services, the Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all. 9.8. In providing the Services, the Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 xxxxx://xxx.xxx.xx/government/publications/prevent-duty-guidance/prevent- duty-guidance-for-further-education-institutions-in-england-and-wales. Failure to do so may constitute a Serious Breach of this Contract. 9.9. In providing the Services, the Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty). Failure to do so may constitute a Serious Breach of this Contract. 9.10. Where the Contractor or one of the Contractor Related Parties: 9.10.1. is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in clause 9.7 or the ability of the Contractor or the Contractor Related Parties to comply with the Prevent duty, or 9.10.2. makes a referral of an individual member of Contractor Personnel for the purposes of determining whether that member of Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, 9.10.3. the Contractor will ensure it notifies the ESFA via the Contact Form: xxxxx://xxx.xxx.xx/government/organisations/education-and-skills- funding-agency of that incident(s) and/or that a referral has been made. 9.11. The Contractor shall not employ or engage, or continue to employ or engage, any person who is subject to a prohibition order made under section 141B of the Education Act 2002 to carry out teaching work (as defined in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012 in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012). 9.12. Before employing or engaging a person to carry out teaching work in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), the Contractor shall take reasonable steps to ascertain whether that person is subject to a prohibition order made under section 141B of the Education Act 2002, or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012. 9.13. The Contractor shall, in circumstances where it sub-contracts the management and/or delivery of the Services under this Contract, ensure that all the provisions in respect of Learner Health, Safety and Welfare in this Clause 9 are included in its contract with Sub-Contractors. 9.14. The Contractor shall inform the ESFA of the death of any Learner which is a result of work undertaken whilst in employment and who is undertaking a related Learning Programme. This shall be done by informing the ESFA’s representative by telephone or email immediately upon the Contractor becoming aware of the event. 9.15. The Contractor shall report all RIDDOR reportable incidents in line with the Regulations, and shall investigate or assess the circumstances of all Learner incidents within the scope of RIDDOR and follow HSE guidance ‘Investigating accidents and incidents: A workbook for employers, unions, safety representatives and safety professionals’ (HSG245) ISBN 0717628272. The Contractor shall only use persons competent to investigate/assess Learner incidents with a view to identifying the causes of any incident and lessons to be learned. 9.16. The Contractor shall also monitor, and act on, any other harm to Learners to the extent that the Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment. 9.17. The Contractor shall co-operate with the ESFA and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect to those Learners to which it applies. 9.18. The Contractor and/or the Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken. Failure to do so will constitute a Serious Breach. 9.19. Where the Contractor or one of its Contractor Related Parties refer: (a) a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or (b) an allegation of abuse made against a teacher or other member of staff to the designated officer(s) (at the local authority), the Contractor must, as soon as practicable, inform the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education-and-skills-funding- agency.. Such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police. 9.20. Where the Contractor makes a referral of an individual for the purposes of determining whether that individual should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, the Contractor shall ensure it notifies the ESFA that a referral has been made. 9.21. In so far as permitted by Law, where the Contractor has made a referral or provided information to the Disclosure and Barring Service in compliance with any duties of the Contractor under the Safeguarding Vulnerable Groups Act 2006, the Contractor shall ensure that it informs the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education- and-skills-funding-agency that a referral has been made / information has been provided.

Learner Health, Safety & Welfare. 9.18.1. The Contractor shall ensure so far as reasonably practicable that learning takes place in safe, healthy and supportive environments, which meet the needs of learnersLearners. The Contractor shall provide information to the ESFA, as and when specifically requested, to give assurance that adequate arrangements exist for Learner Health, Safety and Welfare. 9.28.2. Where part of the learning takes place in an environment outside the direct control of the Contractor, the Contractor shall take all reasonable steps to ensure that adequate arrangements are in place to ensure the health and safety of Learners. 9.38.3. The Contractor shall make arrangements for ensuring that the Provision is Services are provided with a view to safeguarding and promoting the welfare of Children receiving education or training at the institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. In doing so, the Contractor shall have regard to any guidance published, from time to time, by the Secretary of State for Education, Education which sets out the expectations in relation to safeguarding practice within further education institutions. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this ContractAgreement, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.48.4. The Contractor shall make arrangements for ensuring that the Provision is Services are provided with a view to safeguarding and promoting the welfare of High Needs Learners aged 18 to 25 receiving education or training at their institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. This must include the adoption of safer recruitment procedures. In doing so, the Contractor shall make those arrangements as if such Learners were Children and must will have regard to any guidance published, from time to time, by the Secretary of State for Education, Education which sets out the expectations in relation to safeguarding practice within further education institutions as if it applied to those Learners as if they were Children. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this ContractAgreement, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.58.5. The Contractor must carry out appropriate Disclosure disclosure and Barring Service barring service checks on all overseas applicants for employment where such applicants would be employed to work in regulated activity relating to Children or vulnerable adults (as defined by the Safeguarding Vulnerable Groups Act 2006) if successful, and must seek additional information about an applicant’s conduct. 9.68.6. In working with other organisations/bodies, the Contractor shall make arrangements to co-ordinate and co-operate effectively for reasons of Learner health, safety and welfare. In particular, respective responsibilities shall be clearly identified and documented as appropriate, to ensure understanding. 9.78.7. In providing the Services, the Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all. 9.88.8. In providing the Services, the Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 xxxxx://xxx.xxx.xx/government/publications/prevent-duty-guidance/prevent- duty-guidance-for-further-education-institutions-in-england-and-wales. Failure to do so may constitute a Serious Breach of this Contract. 9.9. In providing the Services, the Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty). In doing so, the Contractor will act in accordance with any guidance issued by the Secretary of State in respect of these duties. Failure to do so may constitute a Serious Breach of this Contract. 9.10. Where the Contractor or one of the Contractor Related Parties: 9.10.1. is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in clause 9.7 or the ability of the Contractor or the Contractor Related Parties to comply with the Prevent duty, or 9.10.2. makes a referral of an individual member of Contractor Personnel for the purposes of determining whether that member of Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, 9.10.3. the Contractor will ensure it notifies the ESFA via the Contact Form: xxxxx://xxx.xxx.xx/government/organisations/education-and-skills- funding-agency of that incident(s) and/or that a referral has been made. 9.118.9. The Contractor shall not employ or engage, or continue to employ or engage, any person who is subject to a prohibition order made under section 141B of the Education Act 2002 to carry out teaching work (as defined in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012 in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012). 9.128.10. Before employing or engaging a person to carry out teaching work in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), the Contractor shall take reasonable steps to ascertain whether that person is subject to a prohibition order made under section 141B of the Education Act 2002, or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012. 9.138.11. The Contractor shall, in circumstances where it sub-contracts the management and/or delivery of the Services under this Contract, ensure that all the provisions in respect of Learner Health, Safety and Welfare in this Clause 9 8 are included in its contract with Sub-Contractors. 9.148.12. The Contractor shall inform the ESFA of the death of any Learner which is a result of work undertaken whilst in employment and who is undertaking a related Learning Programme. This shall be done by informing the ESFA’s representative by telephone or email immediately upon the Contractor becoming aware of the event. 9.158.13. The Contractor shall report all RIDDOR reportable incidents in line with the Regulations, and shall investigate or assess the circumstances of all Learner incidents within the scope of RIDDOR and follow HSE guidance ‘Investigating accidents and incidents: A workbook for employers, unions, safety representatives and safety professionals’ (HSG245) ISBN 0717628272. The Contractor shall only use persons competent to investigate/assess Learner incidents with a view to identifying the causes of any incident and lessons to be learned. 9.16. The Contractor shall also monitor, and act on, any other harm to Learners to the extent that the Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment. 9.17. The Contractor shall co-operate with the ESFA and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect to those Learners to which it applies. 9.18. The Contractor and/or the Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken. Failure to do so will constitute a Serious Breach. 9.19. Where the Contractor or one of its Contractor Related Parties refer: (a) a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or (b) an allegation of abuse made against a teacher or other member of staff to the designated officer(s) (at the local authority), the Contractor must, as soon as practicable, inform the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education-and-skills-funding- agency.. Such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police. 9.20. Where the Contractor makes a referral of an individual for the purposes of determining whether that individual should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, the Contractor shall ensure it notifies the ESFA that a referral has been made. 9.21. In so far as permitted by Law, where the Contractor has made a referral or provided information to the Disclosure and Barring Service in compliance with any duties of the Contractor under the Safeguarding Vulnerable Groups Act 2006, the Contractor shall ensure that it informs the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education- and-skills-funding-agency that a referral has been made / information has been provided.safety

Learner Health, Safety & Welfare. 9.1. The Contractor shall ensure so far as reasonably practicable that learning takes place in safe, healthy and supportive environments, which meet the needs of learnersLearners. The Contractor shall provide information to the ESFA, as and when specifically requested, to give assurance that adequate arrangements exist for Learner Health, Safety and Welfare. 9.2. Where part of the learning takes place in an environment outside the direct control of the Contractor, the Contractor shall take all reasonable steps to ensure that adequate arrangements are in place to ensure the health and safety of Learners. 9.3. The Contractor shall make arrangements for ensuring that the Provision is Services are provided with a view to safeguarding and promoting the welfare of Children receiving education or training at the institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. In doing so, the Contractor shall have regard to any guidance published, from time to time, by the Secretary of State for Education, Education which sets out the expectations in relation to safeguarding practice within further education institutions. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.4. The Contractor shall make arrangements for ensuring that the Provision is Services are provided with a view to safeguarding and promoting the welfare of High Needs Learners aged 18 to 25 receiving education or training at their institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. This must include the adoption of safer recruitment procedures. In doing so, the Contractor shall make those arrangements as if such Learners were Children and must have regard to any guidance published, from time to time, by the Secretary of State for Education, Education which sets out the expectations in relation to safeguarding practice within further education institutions as if it applied to those Learners as if they were Children. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.5. The Contractor must carry out appropriate Disclosure disclosure and Barring Service barring service checks on all overseas applicants for employment where such applicants would be employed to work in regulated activity relating to Children or vulnerable adults (as defined by the Safeguarding Vulnerable Groups Act 2006) if successful, and must seek additional information about an applicant’s conduct. 9.6. In working with other organisations/bodies, the Contractor shall make arrangements to co-ordinate and co-operate effectively for reasons of Learner health, safety and welfare. In particular, respective responsibilities shall be clearly identified and documented as appropriate, to ensure understanding. 9.7. In providing the Services, the Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all. 9.8. In providing the Services, Services the Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 xxxxx://xxx.xxx.xx/government/publications/prevent-duty-guidance/prevent- duty-2015. Prevent duty guidance-for-further-education-institutions-in-england-and-wales. : for further education institutions in England and Wales - XXX.XX (xxx.xxx.xx) Failure to do so may constitute a Serious Breach of this Contract. 9.9. In providing the Services, the Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty). Failure to do so may constitute a Serious Breach of this Contract. 9.10. Where the Contractor or one of the Contractor Related Parties: 9.10.1. is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in clause Clause 9.7 or the ability of the Contractor or the Contractor Related Parties to comply with the Prevent duty, or 9.10.2. makes a referral of an individual member of Contractor Personnel for the purposes of determining whether that member of Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, 9.10.3. the Contractor will ensure it notifies the ESFA via the Contact Form: xxxxx://xxx.xxx.xx/government/organisations/education-and-skills- funding-agency Education and Skills Funding Agency - XXX.XX (xxx.xxx.xx) of that incident(s) and/or that a referral has been made. 9.11. The Contractor shall not employ or engage, or continue to employ or engage, any person who is subject to a prohibition order made under section 141B of the Education Act 2002 2002, or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012, to carry out teaching work (as defined in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012 in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012). 9.12. Before employing or engaging a person to carry out teaching work in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), the Contractor shall take reasonable steps to ascertain whether that person is subject to a prohibition order made under section 141B of the Education Act 2002, or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012. 9.13. The Contractor shall, in circumstances where it subSub-contracts Contracts the management and/or delivery of the Services under this Contract, ensure that all the provisions in respect of Learner Health, Safety and Welfare in this Clause 9 are included in its contract with Sub-Contractors. 9.14. The Contractor shall inform the ESFA of the death of any Learner which is a result of work undertaken whilst in employment and who is undertaking a related Learning Programme. This shall be done by informing the ESFA’s representative by telephone or email immediately upon the Contractor becoming aware of the event. 9.15. The Contractor shall report all RIDDOR reportable incidents in line with the Regulations, and shall investigate or assess the circumstances of all Learner incidents within the scope of RIDDOR and follow HSE guidance ‘Investigating accidents and incidents: A workbook for employers, unions, safety representatives and safety professionals’ (HSG245) ISBN 0717628272. The Contractor shall only use persons competent to investigate/assess Learner incidents with a view to identifying the causes of any incident and lessons to be learned. 9.16. The Contractor shall also monitor, and act on, any other harm to Learners to the extent that the Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment. 9.17. The Contractor shall co-operate with the ESFA and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect to those Learners to which it applies. 9.18. The Contractor and/or the Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken. Failure to do so will must constitute a Serious Breach. 9.19. Where the Contractor or one of its the Contractor Related Parties Parties, refer: (a) 9.19.1. a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or, (b) 9.19.2. an allegation of abuse made against a teacher or other member of staff to the designated officer(s) (at the local authority), the The Contractor must, as soon as practicable, inform the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education-and-skills-funding- agency.. Education and Skills Funding Agency - XXX.XX (xxx.xxx.xx). Such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police. 9.20. Where the Contractor makes a referral of an individual for the purposes of determining whether that individual should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, the Contractor shall ensure it notifies the ESFA that a referral has been made. 9.21. In so far as permitted by Law, where the Contractor has made a referral or provided information to the Disclosure and Barring Service in compliance with any duties of the Contractor under the Safeguarding Vulnerable Groups Act 2006, the Contractor shall ensure that it informs the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education- and-skills-funding-agency Education and Skills Funding Agency - XXX.XX (xxx.xxx.xx) that a referral has been made / information has been provided. 9.22. Where it applies 9.22.1. The Contractor must comply with the Modern Slavery Act 2015 and must have in place throughout the Contract Period policies and procedures to ensure full compliance. 9.22.2. The Contractor must ensure that all Sub-Contracts that it enters into include an obligation for the Sub-Contractor to comply with the Modern Slavery Act 2015 with special emphasis on express anti-slavery and anti-human trafficking provisions. 9.22.3. The Contractor shall implement due diligence procedures to ensure that there is no slavery or human trafficking in any part of its supply chain.

Learner Health, Safety & Welfare. 9.18.1. The Contractor shall ensure so far as reasonably practicable that learning takes place in safe, healthy and supportive environments, which meet the needs of learners. The Contractor shall provide information to the ESFA, as and when specifically requested, to give assurance that adequate arrangements exist for Learner Health, Safety and Welfare. 9.28.2. Where part of the learning takes place in an environment outside the direct control of the Contractor, the Contractor shall take all reasonable steps to ensure that adequate arrangements are in place to ensure the health and safety of Learners. 9.38.3. The Contractor shall make arrangements for ensuring that the Provision is provided with a view to safeguarding and promoting the welfare of Children receiving education or training at the institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. In doing so, the Contractor shall have regard to any guidance published, from time to time, by the Secretary of State for Education, which sets out the expectations in relation to safeguarding practice within further education institutions. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.48.4. The Contractor shall make arrangements for ensuring that the Provision is provided with a view to safeguarding and promoting the welfare of High Needs Learners aged 18 to 25 receiving education or training at their institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. This must include the adoption of safer recruitment procedures. In doing so, the Contractor shall make those arrangements as if such Learners were Children and must have regard to any guidance published, from time to time, by the Secretary of State for Education, which sets out the expectations in relation to safeguarding practice within further education institutions as if it applied to those Learners as if they were Children. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.58.5. The Contractor must carry out appropriate Disclosure disclosure and Barring Service barring service checks on all overseas applicants for employment where such applicants would be employed to work in regulated activity relating to Children or vulnerable adults (as defined by the Safeguarding Vulnerable Groups Act 2006) if successful, and must seek additional information about an applicant’s conduct. 9.68.6. In working with other organisations/bodies, the Contractor shall make arrangements to co-ordinate and co-operate effectively for reasons of Learner health, safety and welfare. In particular, respective responsibilities shall be clearly identified and documented as appropriate, to ensure understanding. 9.78.7. In providing the Services, the Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all. 9.88.8. In providing the Services, the Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 xxxxx://xxx.xxx.xx/government/publications/prevent-duty-guidance/prevent- duty-guidance-for-further-education-institutions-in-england-and-wales2015. Failure to do so may constitute a Serious Breach of this Contract. 9.98.9. In providing the Services, the Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty). Failure to do so may constitute a Serious Breach of this Contract. 9.10. Where the Contractor or one of the Contractor Related Parties: 9.10.1. is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in clause 9.7 or the ability of the Contractor or the Contractor Related Parties to comply with the Prevent duty, or 9.10.2. makes a referral of an individual member of Contractor Personnel for the purposes of determining whether that member of Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, 9.10.3. the Contractor will ensure it notifies the ESFA via the Contact Form: xxxxx://xxx.xxx.xx/government/organisations/education-and-skills- funding-agency of that incident(s) and/or that a referral has been made. 9.118.10. The Contractor shall not employ or engage, or continue to employ or engage, any person who is subject to a prohibition order made under section 141B of the Education Act 2002 to carry out teaching work (as defined in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012 in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012). 9.128.11. Before employing or engaging a person to carry out teaching work in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), the Contractor shall take reasonable steps to ascertain whether that person is subject to a prohibition order made under section 141B of the Education Act 2002, or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012. 9.138.12. The Contractor shall, in circumstances where it sub-contracts the management and/or delivery of the Services under this Contract, ensure that all the provisions in respect of Learner Health, Safety and Welfare in this Clause 9 8 are included in its contract with Sub-Contractors. 9.148.13. The Contractor shall inform the ESFA of the death of any Learner which is a result of work undertaken whilst in employment and who is undertaking a related Learning Programme. This shall be done by informing the ESFA’s representative by telephone or email immediately upon the Contractor becoming aware of the event. 9.158.14. The Contractor shall report all RIDDOR reportable incidents in line with the Regulations, and shall investigate or assess the circumstances of all Learner incidents within the scope of RIDDOR and follow HSE guidance ‘Investigating accidents and incidents: A workbook for employers, unions, safety representatives and safety professionals’ (HSG245) ISBN 0717628272. The Contractor shall only use persons competent to investigate/assess Learner incidents with a view to identifying the causes of any incident and lessons to be learned. 9.168.15. The Contractor shall also monitor, and act on, any other harm to Learners to the extent that the Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment. 9.178.16. The Contractor shall co-operate with the ESFA and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect to those Learners to which it applies. 9.188.17. The Contractor and/or the Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken. Failure to do so will constitute a Serious Breach. 9.198.18. Where the Contractor or one of its Contractor Related Parties refer: (a) a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or (b) an allegation of abuse made against a teacher or other member of staff to the designated officer(s) (at the local authority), the Contractor must, as soon as practicable, inform the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education-and-skills-funding- agency.. email to Xxxxxxxxx.XXX@xxxxxxxxx.xxx.xx. Such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police. 9.208.19. Where the Contractor makes a referral of an individual for the purposes of determining whether that individual should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, the Contractor shall ensure it notifies the ESFA that a referral has been made. 9.218.20. In so far as permitted by Law, where Where the Contractor has made a referral or provided information to the Disclosure and Barring Service in compliance with any duties of the Contractor Body under the Safeguarding Vulnerable Groups Act 2006, the Contractor shall ensure that it informs the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education- and-skills-funding-agency that a referral has been made / information has been provided.

Learner Health, Safety & Welfare. 9.1. The Contractor shall ensure so far as reasonably practicable that learning takes place in safe, healthy and supportive environments, which meet the needs of learners. The Contractor shall provide information to the ESFA, as and when specifically requested, to give assurance that adequate arrangements exist for Learner Health, Safety and Welfare. 9.2. Where part of the learning takes place in an environment outside the direct control of the Contractor, the Contractor shall take all reasonable steps to ensure that adequate arrangements are in place to ensure the health and safety of Learners. 9.3. The Contractor shall make arrangements for ensuring that the Provision is provided with a view to safeguarding and promoting the welfare of Children receiving education or training at the institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. In doing so, the Contractor shall have regard to any guidance published, from time to time, by the Secretary of State for Education, which sets out the expectations in relation to safeguarding practice within further education institutions. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.4. The Contractor shall make arrangements for ensuring that the Provision is provided with a view to safeguarding and promoting the welfare of High Needs Learners aged 18 to 25 receiving education or training at their institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. This must include the adoption of safer recruitment procedures. In doing so, the Contractor shall make those arrangements as if such Learners were Children and must have regard to any guidance published, from time to time, by the Secretary of State for Education, which sets out the expectations in relation to safeguarding practice within further education institutions as if it applied to those Learners as if they were Children. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.5. The Contractor must carry out appropriate Disclosure and Barring Service checks on all overseas applicants for employment where such applicants would be employed to work in regulated activity relating to Children or vulnerable adults (as defined by the Safeguarding Vulnerable Groups Act 2006) if successful, and must seek additional information about an applicant’s conduct. 9.6. In working with other organisations/bodies, the Contractor shall make arrangements to co-ordinate and co-operate effectively for reasons of Learner health, safety and welfare. In particular, respective responsibilities shall be clearly identified and documented as appropriate, to ensure understanding. 9.7. In providing the Services, the Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all. 9.8. In providing the Services, the Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 xxxxx://xxx.xxx.xx/government/publications/prevent-duty-guidance/prevent- duty-guidance-for-further-education-institutions-in-england-and-wales2015. Failure to do so may constitute a Serious Breach of this Contract. 9.9. In providing the Services, the Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty). Failure to do so may constitute a Serious Breach of this Contract. 9.10. Where the Contractor or one of the Contractor Related Parties: 9.10.1. is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in clause 9.7 or the ability of the Contractor or the Contractor Related Parties to comply with the Prevent duty, or 9.10.2. makes a referral of an individual member of Contractor Personnel for the purposes of determining whether that member of Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, 9.10.3. the Contractor will ensure it notifies the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education-and-skills- funding-agency of that incident(s) and/or that a referral has been made. 9.11. The Contractor shall not employ or engage, or continue to employ or engage, any person who is subject to a prohibition order made under section 141B of the Education Act 2002 to carry out teaching work (as defined in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012 in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012). 9.12. Before employing or engaging a person to carry out teaching work in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), the Contractor shall take reasonable steps to ascertain whether that person is subject to a prohibition order made under section 141B of the Education Act 2002, or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012. 9.13. The Contractor shall, in circumstances where it sub-contracts the management and/or delivery of the Services under this Contract, ensure that all the provisions in respect of Learner Health, Safety and Welfare in this Clause 9 are included in its contract with Sub-Contractors. 9.14. The Contractor shall inform the ESFA of the death of any Learner which is a result of work undertaken whilst in employment and who is undertaking a related Learning Programme. This shall be done by informing the ESFA’s representative by telephone or email immediately upon the Contractor becoming aware of the event. 9.15. The Contractor shall report all RIDDOR reportable incidents in line with the Regulations, and shall investigate or assess the circumstances of all Learner incidents within the scope of RIDDOR and follow HSE guidance ‘Investigating accidents and incidents: A workbook for employers, unions, safety representatives and safety professionals’ (HSG245) ISBN 0717628272. The Contractor shall only use persons competent to investigate/assess Learner incidents with a view to identifying the causes of any incident and lessons to be learned. 9.16. The Contractor shall also monitor, and act on, any other harm to Learners to the extent that the Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment. 9.17. The Contractor shall co-operate with the ESFA and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect to those Learners to which it applies. 9.18. The Contractor and/or the Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken. Failure to do so will constitute a Serious Breach. 9.19. Where the Contractor or one of its Contractor Related Parties refer: (a) a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or (b) an allegation of abuse made against a teacher or other member of staff to the designated officer(s) (at the local authority), the Contractor must, as soon as practicable, inform the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education-and-skills-funding- agency.. Such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police. 9.20. Where the Contractor makes a referral of an individual for the purposes of determining whether that individual should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, the Contractor shall ensure it notifies the ESFA that a referral has been made. 9.21. In so far as permitted by Law, where the Contractor has made a referral or provided information to the Disclosure and Barring Service in compliance with any duties of the Contractor Body under the Safeguarding Vulnerable Groups Act 2006, the Contractor shall ensure that it informs the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education- and-skills-funding-agency that a referral has been made / information has been provided.

Learner Health, Safety & Welfare. 9.1. The Contractor shall ensure so far as reasonably practicable that learning takes place in safe, healthy and supportive environments, which meet the needs of learnersLearners. The Contractor shall provide information to the ESFA, as and when specifically requested, to give assurance that adequate arrangements exist for Learner Health, Safety and Welfare. 9.2. Where part of the learning takes place in an environment outside the direct control of the Contractor, the Contractor shall take all reasonable steps to ensure that adequate arrangements are in place to ensure the health and safety of Learners. 9.3. The Contractor shall make arrangements for ensuring that the Provision is Services are provided with a view to safeguarding and promoting the welfare of Children receiving education or training at the institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. In doing so, the Contractor shall have regard to any guidance published, from time to time, by the Secretary of State for Education, Education which sets out the expectations in relation to safeguarding practice within further education institutions. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.4. The Contractor shall make arrangements for ensuring that the Provision is Services are provided with a view to safeguarding and promoting the welfare of High Needs Learners aged 18 to 25 receiving education or training at their institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. This must include the adoption of safer recruitment procedures. In doing so, the Contractor shall make those arrangements as if such Learners were Children and must have regard to any guidance published, from time to time, by the Secretary of State for Education, Education which sets out the expectations in relation to safeguarding practice within further education institutions as if it applied to those Learners as if they were Children. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.5. The Contractor must carry out appropriate Disclosure disclosure and Barring Service barring service checks on all overseas applicants for employment where such applicants would be employed to work in regulated activity relating to Children or vulnerable adults (as defined by the Safeguarding Vulnerable Groups Act 2006) if successful, and must seek additional information about an applicant’s conduct. 9.6. In working with other organisations/bodies, the Contractor shall make arrangements to co-ordinate and co-operate effectively for reasons of Learner health, safety and welfare. In particular, respective responsibilities shall be clearly identified and documented as appropriate, to ensure understanding. 9.7. In providing the Services, the Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all. 9.8. In providing the Services, Services the Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 xxxxx://xxx.xxx.xx/government/publications/prevent-duty-guidance/prevent- duty-guidance-for-further-education-institutions-in-england-and-wales. Failure to do so may constitute a Serious Breach of this Contract. 9.9. In providing the Services, the Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty). Failure to do so may constitute a Serious Breach of this Contract. 9.10. Where the Contractor or one of the Contractor Related Parties: 9.10.1. is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in clause Clause 9.7 or the ability of the Contractor or the Contractor Related Parties to comply with the Prevent duty, or 9.10.2. makes a referral of an individual member of Contractor Personnel for the purposes of determining whether that member of Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, 9.10.3. the Contractor will ensure it notifies the ESFA via the Contact Form: xxxxx://xxx.xxx.xx/government/organisations/education-and-skills- funding-agency of that incident(s) and/or that a referral has been made. 9.11. The Contractor shall not employ or engage, or continue to employ or engage, any person who is subject to a prohibition order made under section 141B of the Education Act 2002 2002, or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012, to carry out teaching work (as defined in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012 in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012). 9.12. Before employing or engaging a person to carry out teaching work in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), the Contractor shall take reasonable steps to ascertain whether that person is subject to a prohibition order made under section 141B of the Education Act 2002, or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012. 9.13. The Contractor shall, in circumstances where it sub-contracts the management and/or delivery of the Services under this Contract, ensure that all the provisions in respect of Learner Health, Safety and Welfare in this Clause 9 are included in its contract with Subsub-Contractorscontractors. 9.14. The Contractor shall inform the ESFA of the death of any Learner which is a result of work undertaken whilst in employment and who is undertaking a related Learning Programme. This shall be done by informing the ESFA’s representative by telephone or email immediately upon the Contractor becoming aware of the event. 9.15. The Contractor shall report all RIDDOR reportable incidents in line with the Regulations, and shall investigate or assess the circumstances of all Learner incidents within the scope of RIDDOR and follow HSE guidance ‘Investigating accidents and incidents: A workbook for employers, unions, safety representatives and safety professionals’ (HSG245) ISBN 0717628272. The Contractor shall only use persons competent to investigate/assess Learner incidents with a view to identifying the causes of any incident and lessons to be learned. 9.16. The Contractor shall also monitor, and act on, any other harm to Learners to the extent that the Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment. 9.17. The Contractor shall co-operate with the ESFA and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect to those Learners to which it applies. 9.18. The Contractor and/or the Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken. Failure to do so will must constitute a Serious Breach. 9.19. Where the Contractor or one of its the Contractor Related Parties Parties, refer: (a) 9.19.1. a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or, (b) 9.19.2. an allegation of abuse made against a teacher or other member of staff to the designated officer(s) (at the local authority), the The Contractor must, as soon as practicable, inform the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education-and-skills-funding- agency.. . Such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police. 9.20. Where the Contractor makes a referral of an individual for the purposes of determining whether that individual should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, the Contractor shall ensure it notifies the ESFA that a referral has been made. 9.21. In so far as permitted by Law, where the Contractor has made a referral or provided information to the Disclosure and Barring Service in compliance with any duties of the Contractor under the Safeguarding Vulnerable Groups Act 2006, the Contractor shall ensure that it informs the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education- and-skills-funding-agency that a referral has been made / information has been provided.

Learner Health, Safety & Welfare. 9.1. The Contractor shall ensure so far as reasonably practicable that learning takes place in safe, healthy and supportive environments, which meet the needs of learnersLearners. The Contractor shall provide information to the ESFA, as and when specifically requested, to give assurance that adequate arrangements exist for Learner Health, Safety and Welfare. 9.2. Where part of the learning takes place in an environment outside the direct control of the Contractor, the Contractor shall take all reasonable steps to ensure that adequate arrangements are in place to ensure the health and safety of Learners. 9.3. The Contractor shall make arrangements for ensuring that the Provision is Services are provided with a view to safeguarding and promoting the welfare of Children receiving education or training at the institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. In doing so, the Contractor shall have regard to any guidance published, from time to time, by the Secretary of State for Education, Education which sets out the expectations in relation to safeguarding practice within further education institutions. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.4. The Contractor shall make arrangements for ensuring that the Provision is Services are provided with a view to safeguarding and promoting the welfare of High Needs Learners aged 18 to 25 receiving education or training at their institution or under the auspices of the Contractor in an environment outside the direct control of the Contractor. This must include the adoption of safer recruitment procedures. In doing so, the Contractor shall make those arrangements as if such Learners were Children and must have regard to any guidance published, from time to time, by the Secretary of State for Education, Education which sets out the expectations in relation to safeguarding practice within further education institutions as if it applied to those Learners as if they were Children. References to ‘must’ in any such guidance shall be treated as ‘should’ for the purposes of this Contract, save for any references to legal requirements arising from the Safeguarding Vulnerable Groups Act 2006 in respect of referrals to the Disclosure and Barring Service. Failure to do so may constitute a Serious Breach of this Contract. 9.5. The Contractor must carry out appropriate Disclosure disclosure and Barring Service barring service checks on all overseas applicants for employment where such applicants would be employed to work in regulated activity relating to Children or vulnerable adults (as defined by the Safeguarding Vulnerable Groups Act 2006) if successful, and must seek additional information about an applicant’s conduct. 9.6. In working with other organisations/bodies, the Contractor shall make arrangements to co-ordinate and co-operate effectively for reasons of Learner health, safety and welfare. In particular, respective responsibilities shall be clearly identified and documented as appropriate, to ensure understanding. 9.7. In providing the Services, the Contractor must ensure it actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs, and promote principles that support equality of opportunity for all. 9.8. In providing the Services, Services the Contractor must comply with the general duty on specified authorities in section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent duty) and must have regard to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 xxxxx://xxx.xxx.xx/government/publications/prevent-duty-guidance/prevent- duty-guidance-for-further-education-institutions-in-england-and-wales2015. Failure to do so may constitute a Serious Breach of this Contract. 9.9. In providing the Services, the Contractor must comply with the duty on partners of a panel in section 38 of the Counter-Terrorism and Security Act 2015 (the Channel co-operation duty). Failure to do so may constitute a Serious Breach of this Contract. 9.10. Where the Contractor or one of the Contractor Related Parties: 9.10.1. is aware of an incident, or pattern of incidents, which undermines the promotion of British fundamental values as referred to in clause Clause 9.7 or the ability of the Contractor or the Contractor Related Parties to comply with the Prevent duty, or 9.10.2. makes a referral of an individual member of Contractor Personnel for the purposes of determining whether that member of Contractor Personnel should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, 9.10.3. the Contractor will ensure it notifies the ESFA via the Contact Form: xxxxx://xxx.xxx.xx/government/organisations/education-and-skills- General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education-and- skills-funding-agency of that incident(s) and/or that a referral has been made. 9.11. The Contractor shall not employ or engage, or continue to employ or engage, any person who is subject to a prohibition order made under section 141B of the Education Act 2002 2002, or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012, to carry out teaching work (as defined in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012 in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012). 9.12. Before employing or engaging a person to carry out teaching work in respect of any Learners under the age of 19 and High Needs Learners aged 19 to 25 (as if those Learners were pupils for the purposes of the definition of teaching work in regulation 3 of the Teachers’ Disciplinary (England) Regulations 2012), the Contractor shall take reasonable steps to ascertain whether that person is subject to a prohibition order made under section 141B of the Education Act 2002, or an interim prohibition order made under regulation 14 of the Teachers’ Disciplinary (England) Regulations 2012. 9.13. The Contractor shall, in circumstances where it sub-contracts the management and/or delivery of the Services under this Contract, ensure that all the provisions in respect of Learner Health, Safety and Welfare in this Clause 9 are included in its contract with Subsub-Contractorscontractors. 9.14. The Contractor shall inform the ESFA of the death of any Learner which is a result of work undertaken whilst in employment and who is undertaking a related Learning Programme. This shall be done by informing the ESFA’s representative by telephone or email immediately upon the Contractor becoming aware of the event. 9.15. The Contractor shall report all RIDDOR reportable incidents in line with the Regulations, and shall investigate or assess the circumstances of all Learner incidents within the scope of RIDDOR and follow HSE guidance ‘Investigating accidents and incidents: A workbook for employers, unions, safety representatives and safety professionals’ (HSG245) ISBN 0717628272. The Contractor shall only use persons competent to investigate/assess Learner incidents with a view to identifying the causes of any incident and lessons to be learned. 9.16. The Contractor shall also monitor, and act on, any other harm to Learners to the extent that the Contractor could reasonably be expected to do so and/or where the harm could affect the quality of the learning experience. Harm includes (but is not limited to) incidents that cause absence from learning, any loss to the Learner of any physical or mental faculty or any disfigurement and incidents of bullying and harassment. 9.17. The Contractor shall co-operate with the ESFA and Department for Work and Pensions for the purposes of the Industrial Injuries Disablement Benefit (IIDB) in respect to those Learners to which it applies. 9.18. The Contractor and/or the Contractor Related Parties must be able to demonstrate that they have robust record-keeping procedures in respect of health, safety and safeguarding through checks on record keeping undertaken. Failure to do so will must constitute a Serious Breach. 9.19. Where the Contractor or one of its the Contractor Related Parties Parties, refer: (a) 9.19.1. a safeguarding concern related to sexual violence to Local Authority children’s social care/adult social care and/or the police, or, (b) 9.19.2. an allegation of abuse made against a teacher or other member of staff to the designated officer(s) (at the local authority), the The Contractor must, as soon as practicable, inform the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education-and-skills-funding- agency.. . Such notification must include the name of the institution, a high level summary of the nature of the incident (without sharing personal information about victims or alleged perpetrators) and confirmation of whether it is, or is scheduled to be, investigated by the Local Authority and/or the police. 9.20. Where the Contractor makes a referral of an individual for the purposes of determining whether that individual should be referred to a panel for the carrying out of an assessment under section 36 of the Counter-Terrorism and Security Act 2015 of the extent to which that individual is vulnerable to being drawn into terrorism, the Contractor shall ensure it notifies the ESFA that a referral has been made. 9.21. In so far as permitted by Law, where the Contractor has made a referral or provided information to the Disclosure and Barring Service in compliance with any duties of the Contractor Body under the Safeguarding Vulnerable Groups Act 2006, the Contractor shall ensure that it informs the ESFA via the Contact Form: General Enquires at xxxxx://xxx.xxx.xx/government/organisations/education- and-skills-funding-agency that a referral has been made / information has been provided.