Common use of Grounds for an Appeal Clause in Contracts

Grounds for an Appeal. An appeal can be made in relation to the decision about the timing of withdrawal of funding on one or both of the following grounds: • On the merits of the panel’s decision, e.g. the panel did not act reasonably or failed to take into account relevant information presented • That the Council did not follow its published procedure in conducting the Withdrawal of Funding Panel process. Exercising the Right to Appeal Appeals must be submitted within 10 working days of notification of the Council’s decision to withdraw funding to the Director of Commissioning. They can be contacted in writing to: Director of Commissioning Surrey County Council County Hall Penrhyn Road Kingston upon Thames KT1 2DW The appeal must state the grounds for the appeal and give as much information as possible to assist the panel in their decision whether or not to uphold the appeal. Consideration of Appeals Once the notification of the appeal is received by the Director of Commissioning the following process applies: • An appeals panel composed of the Director of Commissioning (Chair) and two senior managers will consider all appeals. These managers must not have been involved in the original Withdrawal of Funding Panel. • One manager from the original withdrawal of funding panel will be invited to attend the appeal panel meeting to provide information regarding the original decision and answer questions regarding the process followed by the panel. This manager will not participate in deciding the outcome of the appeal. • The appeal panel members will consider information provided by the panel member, the formal correspondence sent to the provider and the minutes of the original panel and review the decision process and grounds for appeal. • The appeal panel members will then record whether the appeal is upheld or not upheld. • The appeals panel will inform the provider of its decision and findings in writing within five working days following the appeal meeting. • If the decision about the timing of withdrawal of funding is upheld Surrey County Council will write to the parents of the children claiming their funded early education hours at the setting to advise them that funding is being withdrawn and the related timescales. These letters will be sent out within 10 working days of the appeal panel. • If a provider receives an Ofsted inspection before the funding is withdrawn and the inspection outcome is no longer inadequate then the funding will continue with the provider. • If the decision on timing of withdrawal of funding is not upheld, the Appeal will set an alternative timeframe for withdrawal of funding – this will either be at the end of the current term or at the point when the provider’s next Ofsted inspection judgement is published, assuming that this remains an inadequate outcome. Surrey County Council will continue to offer a support package dependant on need and the provider will continue working with Surrey County Council to deliver their improvement action plan.

Grounds for an Appeal. An appeal can be made in relation to the decision about the timing of withdrawal of funding on one or both of the following grounds: •  On the merits of the panel’s decision, e.g. the panel did not act reasonably or failed to take into account relevant information presented •  That the Council did not follow its published procedure in conducting the Withdrawal of Funding Panel process. Exercising the Right to Appeal Appeals must be submitted within 10 working days of notification of the Council’s decision to withdraw funding to the Assistant Director of Commissioning. They can be contacted in writing to: Assistant Director of Commissioning Surrey County Council County Hall Penrhyn Road Kingston upon Thames KT1 2DW The appeal must state the grounds for the appeal and give as much information as possible to assist the panel in their decision whether or not to uphold the appeal. Consideration of Appeals Once the notification of the appeal is received by the Assistant Director of Commissioning the following process applies: •  An appeals panel composed of the Assistant Director of Commissioning (Chair) and two senior managers will consider all appeals. These managers must not have been involved in the original Withdrawal of Funding Panel. •  One manager from the original withdrawal of funding panel will be invited to attend the appeal panel meeting to provide information regarding the original decision and answer questions regarding the process followed by the panel. This manager will not participate in deciding the outcome of the appeal. •  The appeal panel members will consider information provided by the panel member, the formal correspondence sent to the provider and the minutes of the original panel and review the decision process and grounds for appeal. •  The appeal panel members will then record whether the appeal is upheld or not upheld. •  The appeals panel will inform the provider of its decision and findings in writing within five 5 working days following the appeal meeting. •  If the decision about the timing of withdrawal of funding is upheld Surrey County Council will write to the parents of the children claiming their funded early education hours at the setting to advise them that funding is being withdrawn and the related timescales. These letters will be sent out within 10 working days of the appeal panel. •  If a provider receives an Ofsted inspection before the funding is withdrawn and the inspection outcome is no longer inadequate then the funding will continue with the provider. •  If the decision on timing of withdrawal of funding is not upheld, the Appeal will set an alternative timeframe for withdrawal of funding – this will either be at the end of the current term or at the point when the provider’s next Ofsted inspection judgement is published, assuming that this remains an inadequate outcome. Surrey County Council will continue to offer a support package dependant on need and the provider will continue working with Surrey County Council to deliver their improvement action plan. Appendix 8 – Charging Can I charge parents? You cannot charge a parent a ‘top-up’ fee (the difference between a provider’s usual fee and the funding they receive for their child’s funded part time early education. Early Education and Childcare Statutory Guidance for Local Authorities states that local authorities should ‘ensure that early education places are delivered completely free to parents.’ Please take this into account when working out invoices/bills, as you must not charge any top-up fees and you must not charge parents in advance and then refund them once you have received your payment from us. What if a child goes to my setting for more than their funded hours? If a child goes to your setting for more than the maximum funded entitlement, or for hours outside your FEE sessions as detailed in your information for parents or Terms & Conditions the parent must pay you for the additional time. Please note that children funded by FEET should be able to access their entitlement with no additional charge. A session length for the delivery of FEET should not be set so that a parent has to pay for any additional time unless they wish to. Children moving from FEET to FEE should be able to continue to access the same hours, terms and conditions they were accessing under FEET if they request to do so. It is your responsibility as the provider to make arrangements with the parent to pay for any additional services. You should make parents aware in writing of any charges for additional services before they take up their funded place. Your offer for delivery and charging should be clear and transparent so that parents understand what they will be charged for and how much this will be. You must give parents information on FEET and FEE and run a clear and transparent invoice system, which does not show a charge for the funded entitlement. The invoice should include the number of funded hours and detail of what the charges apply to. Providers should require parents to sign to confirm that they have read and understood the charging arrangements. Where a child is only accessing FEET or FEE at your setting there is no need to send parents an invoice.

Grounds for an Appeal. An appeal can be made in relation to the decision about the timing of withdrawal of funding on one or both of the following grounds: • On the merits of the panel’s decision, e.g. the panel did not act reasonably or failed to take into account relevant information presented • That the Council did not follow its published procedure in conducting the Withdrawal of Funding Panel process. Exercising the Right to Appeal Appeals must be submitted within 10 working days of notification of the Council’s decision to withdraw funding to the Director of Commissioning. They can be contacted in writing to: Director of Commissioning Surrey County Council County Hall Penrhyn Road Kingston upon Thames KT1 2DW Quadrant Court 00 Xxxxxxxxx Xxxx Woking GU22 7QQ The appeal must state the grounds for the appeal and give as much information as possible to assist the panel in their decision whether or not to uphold the appeal. Consideration of Appeals Once the notification of the appeal is received by the Director of Commissioning the following process applies: • An appeals panel composed of the Director of Commissioning (Chair) and two senior managers will consider all appeals. These managers must not have been involved in the original Withdrawal of Funding Panel. • One manager from the original withdrawal of funding panel will be invited to attend the appeal panel meeting to provide information regarding the original decision and answer questions regarding the process followed by the panel. This manager will not participate in deciding the outcome of the appeal. • The appeal panel members will consider information provided by the panel member, the formal correspondence sent to the provider and the minutes of the original panel and review the decision process and grounds for appeal. • The appeal panel members will then record whether the appeal is upheld or not upheld. • The appeals panel will inform the provider of its decision and findings in writing within five working days following the appeal meeting. • If the decision about the timing of withdrawal of funding is upheld Surrey County Council will write to the parents of the children claiming their funded early education hours at the setting to advise them that funding is being withdrawn and the related timescales. These letters will be sent out within 10 working days of the appeal panel. • If a provider receives an Ofsted inspection before the funding is withdrawn and the inspection outcome is no longer inadequate then the funding will continue with the provider. • If the decision on timing of withdrawal of funding is not upheld, the Appeal will set an alternative timeframe for withdrawal of funding – this will either be at the end of the current term or at the point when the provider’s next Ofsted inspection judgement is published, assuming that this remains an inadequate outcome. Surrey County Council will continue to offer a support package dependant on need and the provider will continue working with Surrey County Council to deliver their improvement action plan.. APPENDIX 3 - Failure to comply with a Compliance Notice Process for withdrawal of funded early education EY Senior Commissioning Officer prepare evidence Letter sent advising provider of time date of the panel. Provider given opportunity to submit evidence including progress towards actions set and/or why action could not be met within the timeframe. Submission required two working days before panel. Panel process Appeal to include panel of three senior managers and one representative from original panel Funding withdrawn

Grounds for an Appeal. An appeal can be made in relation to the decision about the timing of withdrawal of funding on one or both of the following grounds: • On the merits of the panel’s decision, e.g. the panel did not act reasonably or failed to take into account relevant information presented • That the Council did not follow its published procedure in conducting the Withdrawal of Funding Panel process. Exercising the Right to Appeal Appeals must be submitted within 10 working days of notification of the Council’s decision to withdraw funding to the Director of Commissioning. They can be contacted in writing to: Director of Commissioning Surrey County Council County Hall Penrhyn Road Kingston upon Thames KT1 2DW Quadrant Court 00 Xxxxxxxxx Xxxx Woking GU22 7QQ The appeal must state the grounds for the appeal and give as much information as possible to assist the panel in their decision whether or not to uphold the appeal. Consideration of Appeals Once the notification of the appeal is received by the Director of Commissioning the following process applies: • An appeals panel composed of the Director of Commissioning (Chair) and two senior managers will consider all appeals. These managers must not have been involved in the original Withdrawal of Funding Panel. • One manager from the original withdrawal of funding panel will be invited to attend the appeal panel meeting to provide information regarding the original decision and answer questions regarding the process followed by the panel. This manager will not participate in deciding the outcome of the appeal. • The appeal panel members will consider information provided by the panel member, the formal correspondence sent to the provider and the minutes of the original panel and review the decision process and grounds for appeal. • The appeal panel members will then record whether the appeal is upheld or not upheld. • The appeals panel will inform the provider of its decision and findings in writing within five working days following the appeal meeting. • If the decision about the timing of withdrawal of funding is upheld Surrey County Council will write to the parents of the children claiming their funded early education hours at the setting to advise them that funding is being withdrawn and the related timescales. These letters will be sent out within 10 5 working days of the appeal panel. • If a provider receives an Ofsted inspection before the funding is withdrawn and the inspection outcome is no longer inadequate then the funding will continue with the provider. • If the decision on timing of withdrawal of funding is not upheld, the Appeal will set an alternative timeframe for withdrawal of funding – this will either be at the end of the current term or at the point when the provider’s next Ofsted inspection judgement is published, assuming that this remains an inadequate outcome. Surrey County Council will continue to offer a support package dependant on need and the provider will continue working with Surrey County Council to deliver their improvement action plan.. APPENDIX 3 - Failure to comply with a Compliance Notice Process for withdrawal of funded early education EY Senior Commissioning Officer prepare evidence Letter sent advising provider of time date of the panel. Provider given opportunity to submit evidence including progress towards actions set and/or why action could not be met within the timeframe. Submission required two working days before panel. Panel process Appeal to include panel of three senior managers and one representative from original panel Funding withdrawn

Grounds for an Appeal. An appeal can be made in relation to the decision about the timing of withdrawal of funding on one or both of the following grounds: • On the merits of the panel’s decision, e.g. the panel did not act reasonably or failed to take into account relevant information presented presented. • That the Council did not follow its published procedure in conducting the Withdrawal of Funding Panel process. Exercising the Right to Appeal Appeals must be submitted within 10 working days of notification of the Council’s decision to withdraw funding to the Director of Commissioning. They can be contacted in writing to: Director of Commissioning Surrey County Council County Hall Penrhyn Road Kingston upon Thames KT1 2DW Quadrant Court 00 Xxxxxxxxx Xxxx Woking GU22 7QQ The appeal must state the grounds for the appeal and give as much information as possible to assist the panel in their decision whether or not to uphold the appeal. Consideration of Appeals Once the notification of the appeal is received by the Director of Commissioning the following process applies: • An appeals panel composed of the Director of Commissioning (Chair) and two senior managers will consider all appeals. These managers must not have been involved in the original Withdrawal of Funding Panel. • One manager from the original withdrawal of funding panel will be invited to attend the appeal panel meeting to provide information regarding the original decision and answer questions regarding the process followed by the panel. This manager will not participate in deciding the outcome of the appeal. • The appeal panel members will consider information provided by the panel member, the formal correspondence sent to the provider and the minutes of the original panel and review the decision process and grounds for appeal. • The appeal panel members will then record whether the appeal is upheld or not upheld. • The appeals panel will inform the provider of its decision and findings in writing within five working days following the appeal meeting. • If the decision about the timing of withdrawal of funding is upheld Surrey County Council will write to the parents of the children claiming their funded early education hours at the setting to advise them that funding is being withdrawn and the related timescales. These letters will be sent out within 10 5 working days of the appeal panel. • If a provider receives an Ofsted inspection before the funding is withdrawn and the inspection outcome is no longer inadequate then the funding will continue with the provider. • If the decision on timing of withdrawal of funding is not upheld, the Appeal will set an alternative timeframe for withdrawal of funding – this will either be at the end of the current term or at the point when the provider’s next Ofsted inspection judgement is published, assuming that this remains an inadequate outcome. Surrey County Council will continue to offer a support package dependant on need and the provider will continue working with Surrey County Council to deliver their improvement action plan. APPENDIX C - Failure to comply with a Compliance Notice Process for withdrawal of funded early education The purpose of the panel is to set a timeframe to withdraw the provider from the Surrey Directory of Providers. Deadline date for action passed from the Compliance Notice. Provider invited to panel within 6 weeks of the compliance deadline date. EY Senior Commissioning Officer prepare evidence Panel convened at least 10 working days after issue of letter Panel process Appeal to include panel of three senior managers and one representative from original panel Funding withdrawn Provider advised not to offer places to new funded children. Letter sent advising provider of time date of the panel. Provider given opportunity to submit evidence including progress towards actions set and/or why action could not be met within the timeframe. Submission required two working days before panel. Senior Commissioning Officer (SCO) prepares evidence of communication, meetings, following Compliance process. SCC Early Years (EY) Commissioning Team prepare sufficiency assessment for immediate area. Submission required two working days before panel. Panel to include a minimum of three senior managers taken from the EY support teams and Head of Commissioning or Service Manager.

Grounds for an Appeal. An appeal can be made in relation to the decision about the timing of withdrawal of funding on one or both of the following grounds: •  On the merits of the panel’s decision, e.g. the panel did not act reasonably or failed to take into account relevant information presented •  That the Council did not follow its published procedure in conducting the Withdrawal of Funding Panel process. Exercising the Right to Appeal Appeals must be submitted within 10 working days of notification of the Council’s decision to withdraw funding to the Director Head of CommissioningMarket Strategy. They can be contacted in writing to: Director Head of Commissioning Market Strategy Surrey County Council County Hall Room 314 Penrhyn Road Kingston upon Thames KT1 2DW The appeal must state the grounds for the appeal and give as much information as possible to assist the panel in their decision whether or not to uphold the appeal. Consideration of Appeals Once the notification of the appeal is received by the Director Head of Commissioning Market Strategy the following process applies: •  An appeals panel composed of the Director Head of Commissioning Market Strategy (Chair) and two senior early years managers will consider all appeals. These managers must not have been involved in the original Withdrawal of Funding Panel. •  One manager from the original withdrawal of funding panel will be invited to attend the appeal panel meeting to provide information regarding the original decision and answer questions regarding the process followed by the panel. This manager will not participate in deciding the outcome of the appeal. •  The appeal panel members will consider information provided by the panel member, the formal correspondence sent to the provider and the minutes of the original panel and review the decision process and grounds for appeal. •  The appeal panel members will then record whether the appeal is upheld or not upheld. •  The appeals panel will inform the provider of its decision and findings in writing within five 5 working days following the appeal meeting. •  If the decision about the timing of withdrawal of funding is upheld Surrey County Council will write to the parents of the children claiming their funded early education hours at the setting to advise them that funding is being withdrawn and the related timescales. These letters will be sent out within 10 working days of the appeal panel. •  If a provider receives an Ofsted inspection before the funding is withdrawn and the inspection outcome is no longer inadequate then the funding will continue with the provider. •  If the decision on timing of withdrawal of funding is not upheld, the Appeal will set an alternative timeframe for withdrawal of funding – this will either be at the end of the current term or at the point when the provider’s next Ofsted inspection judgement is published, assuming that this remains an inadequate outcome. Surrey County Council will continue to offer a support package dependant on need and the provider will continue working with Surrey County Council to deliver their improvement action plan. Appendix 8 – Charging Can I charge parents? You cannot charge a parent a ‘top-up’ fee (the difference between a provider’s usual fee and the funding they receive for their child’s funded part time early education. Early Education and Childcare Statutory Guidance for Local Authorities states that local authorities should ‘ensure that early education places are delivered completely free to parents.’ Please take this into account when working out invoices/bills, as you must not charge any top-up fees and you must not charge parents in advance and then refund them once you have received your payment from us. What if a child goes to my setting for more than their funded hours? If a child goes to your setting for more than the maximum funded entitlement, or for hours outside your FEE sessions as detailed in your information for parents or Terms & Conditions the parent must pay you for the additional time. Please note that children funded by FEET must be able to access their entitlement with no additional charge. A session length for the delivery of FEET should not be set so that a parent has to pay for any additional time unless they wish to. Children moving from FEET to FEE should be able to continue to access the same hours, terms and conditions they were accessing under FEET if they request to do so. It is your responsibility as the provider to make arrangements with the parent to pay for any additional services. You should make parents aware in writing of any charges for additional services before they take up their funded place. Your offer for delivery and charging should be clear and transparent so that parents understand what they will be charged for and how much this will be. You must give parents information on FEET and FEE and run a clear and transparent invoice system, which does not show a charge for the funded entitlement. The invoice should include the number of funded hours and detail of what the charges apply to. Providers should require parents to sign to confirm that they have read and understood the charging arrangements. Where a child is only accessing FEET or FEE at your setting there is no need to send parents an invoice.