Subcontractor Policy

This policy sets out the terms and professional boundaries under which I (Sebastian Jacob Ffrancon English) engage with Non‑Medical Helper (NMH) providers and agencies as a freelance Specialist Study Skills Tutor (SS‑SpLD) and Specialist Mentor (SM‑ASC). It reflects UK freelance norms, the DfE/SLC/SFE Quality Assurance Frameworks (QAFs), and the basic principles of professionalism, good faith, and collegiality. It is published for clarity. Where a written contract exists, it takes precedence; otherwise, this policy applies.

It is not applicable in the context of stable employment with an NMH provider, with guaranteed hours.

1) Definitions

  • Practitioner: Sebastian Jacob Ffrancon English, operating as an independent SS‑SpLD / SM‑ASC practitioner.

  • Provider / Agency: The registered NMH provider engaging the Practitioner on a freelance basis.

  • Student: The recipient of support funded under DSA or equivalent arrangements.

  • Session work: Billable contact time with a Student for approved support activity.

2) Professional status & autonomy

  • I am an independent contractor, not an employee or worker of the Agency. Nothing in the engagement should create or imply an employer-employee relationship.

  • I exercise professional discretion in delivering services within the DfE/SLC Quality Assurance Frameworks (QAFs), PASSHE standards, safeguarding protocols, and the agreed-upon scope of support.

  • The Agency may set reasonable administrative requirements necessary to evidence support (e.g., ILPs, attendance confirmations). It may not micromanage method, content, or style beyond compliance needs.

  • I use my own equipment, email address and software. Where an Agency platform is required for compliance, I will use it solely for record-keeping. For remote sessions, I may choose whichever platform I deem most appropriate (the No ‘You must use Zoom Pro or else' Clause).

  • For simplicity, I prefer to work with as few providers as is reasonable at any given time. However, as a freelancer, the agency may not expect exclusivity from me.

3) Rates & remuneration

  • Rate agreement: The hourly session rate must be agreed in writing (email is sufficient) before any engagement.

  • Default rate (no written agreement): £40/hour.

  • Minimum floor: I will not accept a rate below 50% of the Agency’s SFE charge (ex. VAT). Example: If the Agency charges Student Finance England/ £70 per hour, my minimum is £35/hour.

  • Admin threshold: Administrative work is included up to 15 minutes per billable hour (e.g., light portal logging, brief ILP updates). Time beyond this is billable at the agreed session rate or at £40/hour where no rate was set.

  • Travel: Face‑to‑face delivery is preferred. Ordinary London public transport travel is included.

  • Invoicing & payment: I invoice monthly in arrears. Payment term: 14 days from invoice date (unless otherwise agreed). Statutory remedies for late payment may be applied.

4) Onboarding

  • I will, without charge, complete proportionate onboarding to enable delivery (e.g., necessary compliance-related procedures, DBS checks, insurance, key policies, etc.). Onboarding is not for further competency assessment or training for an employee role.

  • The terminology of onboarding is used here to distinguish it from induction, which is usually reserved for employment-related contexts.

  • Time cap: Where onboarding exceeds three hours or where no students are assigned within three months, additional time is billable at the agreed-upon session rate or at £40/hour where no rate was set.

  • I do not complete job-application-style forms for freelance engagements. If the Agency offers employed posts with guaranteed hours, I may consider a separate application.

5) Scheduling, cancellations & minimums

  • Minimum session length: 60 minutes (unless an alternative is clinically/educationally justified).

  • Student cancellations are billable according to the provider’s cancellation policy.

  • Provider cancellation: If the provider cancels a session, independently of the student, with less than 72 hours ‘ notice, then it will remain billable.

  • I do not offer exclusive time-blocks of availability. Exclusive holds must be pre‑agreed and billable at the session rate.

6) Records, data & confidentiality

  • I maintain concise records proportionate to the work (e.g., goals/ILP notes, attendance).

  • Data Protection: I handle students’ data securely and in accordance with applicable laws. Unless otherwise agreed, I act as an independent data controller for my professional notes. Agency-required records are shared on a lawful basis and stored in accordance with Agency requirements. Retention is typically 12 months post-closure, unless funding or legal requirements dictate otherwise.

7) Quality assurance, safeguarding & supervision

  • I adhere to PASSHE standards, maintain ongoing CPD and supervision, and work within DfE/SLC guidance for SS‑SpLD and SM‑ASC roles.

  • I follow safeguarding procedures. Concerns are escalated promptly via the Agency’s DSL or named contact and recorded appropriately.

  • By default, all requests for agency session observations will be declined, as this is a breach of the confidentiality frameworks outlined in the QAFs.

8) Student continuity & choice

  • If my relationship with the Agency ends, Students retain the right to continuity of support with their chosen practitioner, subject to approval from the Needs Assessors. The Agency should not obstruct reasonable continuity requests or access to evidence required to action them.

9) Communication expectations

  • I aim to offer first appointments to students within a reasonable timeframe once they are allocated.

  • Although I endeavour to respond to work-related enquiries promptly and within a reasonable timeframe, I am not bound by specific requirements regarding communication turnaround (e.g., all emails must be answered within 24 hours, etc.), as this implies an employee-employer relationship.

10) Whistleblowing & concerns

  • I will raise concerns collegially and in good faith where I believe practice may be inconsistent with the QAF, UK law or professional standards.

  • Retaliation for raising concerns is unacceptable. Where issues persist or student welfare is at risk, I may escalate the matter to the appropriate bodies (e.g., the NMH Register administrators, SLC/DfE) as necessary.

11) Insurance & liability

  • I maintain appropriate Professional Indemnity and Public Liability insurance. Certificates are available on request.

12) Termination

  • Either party may end the engagement. As a matter of professional courtesy, I request and offer a minimum of 14 days’ notice where possible. All delivered sessions, as well as agreed-upon administrative time, remain payable. Reasonable handover will be provided.

13) Governing law

  • The laws of England and Wales govern this policy and any non‑contracted engagements.

Version: 1.0  •  Last updated: 27 September 2025