Part 2: Responsibilities

The requirement for independent training providers to meet their general statutory responsibilities under company law, charity law and/or other applicable legislation, and under contracts of funding with DfE or ESFA.

General responsibilities

2.1. ITPs must meet their statutory responsibilities under company/charity law and any other legislation applicable in relation to annual accounts, audit, and other legal, financial and governance requirements.

2.2. ITPs receive funding under contracts for services with DfE/ESFA. These set out the requirements placed on, and responsibilities of, ITPs in detail. Requirements included in those contracts/agreements form a condition of funding.

2.3. The conditions of funding include DfE/ESFA assurance requirements. For a complete picture of assurance requirements, this handbook should be read alongside contracts for services, the Post-16 Audit Code of Practice, ESFA’s approach to assessing the financial health of organisations and its assurance reviews of the subcontracting standard for post-16 providers.

2.4. Some ITPs also receive funding under agreements with mayoral combined authorities (MCAs) or the Greater London Authority (GLA) in respect of devolved adult education funding. These funding agreements are not within the scope of this handbook. More information on devolved funding can be found in the DfE policy document on Adult education devolution.

2.5. All ITPs may be subject to a funding audit by ESFA in respect of DfE/ESFA funds received.