Placement Agreement
Alternative Provision and EOTAS Tuition — Local Authority-Commissioned Placement
Academic Year 2026/2027
Alternative Provision and EOTAS Tuition — Local Authority-Commissioned Placement
Academic Year 2026/2027These terms and conditions apply as between the following parties for each placement commissioned under this Agreement:
Together referred to as “the Parties”. These terms record the basis on which the Provider will deliver Alternative Provision or EOTAS tuition, commissioned by the Commissioning Authority, for students referred under individual placements agreed with the relevant caseworker.
The Provider will deliver one-to-one or small group tuition tailored to the student's needs and outcomes, informed by the EHCP where one is in place, the referral documentation, and ongoing assessment by the assigned tutor. Delivery will take a graduated, needs-led approach, with reasonable adjustments made for sensory, communication, or anxiety-related needs as they arise.
Curriculum content will follow national curriculum age-related expectations where the student can access them, with appropriate scaffolding and personalisation. Further detail on the Provider's pedagogical and pastoral approach is available to the Commissioning Authority and Parent/Carer on request.
Fees are calculated at the hourly rate agreed for the placement, charged for the hours of tuition contracted. The Provider will invoice the Commissioning Authority at the end of each half term, in arrears, with payment due within thirty days of invoice date. The hourly rate is exclusive of VAT where applicable; the Provider's VAT status will be confirmed on invoices.
Each half-termly invoice reflects the tutor time reserved for the student across the hours contracted for that half term. As this time is set aside and cannot generally be reallocated at short notice, the contracted hours remain payable where a session does not go ahead for reasons outside the Provider's control, for example the student's illness or absence, a school or holiday closure, a session cancelled by the Parent/Carer or Commissioning Authority, or a delay in starting or continuing the placement while awaiting information or a response from the Parent/Carer or caseworker. Where the Commissioning Authority wishes to vary this arrangement for a particular placement, this can be agreed with the Provider in writing in advance.
Where payment is not received within the terms above, the Provider may charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.
Attendance will be recorded for every session and shared with the Commissioning Authority on a regular basis. The Provider will produce a written progress report at the agreed review point, ordinarily every six to twelve weeks, summarising attendance, engagement, progress against outcomes, and any safeguarding or welfare matters. Where the student has an EHCP, review points will align with the plan's annual review cycle and any interim reviews it sets out.
Where attendance falls below an agreed threshold, the Provider will alert the caseworker promptly so that a co-ordinated response can be agreed. We will not unilaterally reduce or pause provision without first notifying the Commissioning Authority.
The Provider operates in line with KCSIE 2026, Working Together to Safeguard Children 2023, and the Prevent duty. All tutors complete an enhanced DBS check, including a check against the children's barred list, statutory safeguarding training, and ongoing CPD aligned to our Tutor Training Matrix.
The Provider's Designated Safeguarding Lead is Sara Gelsthorpe (Head of Alternative Provision), and Deputy Designated Safeguarding Lead is Claire Winward, both contactable through ap@studymind.co.uk. Any safeguarding concern arising during the placement will be reported to the Local Authority's children's services and the Commissioning Authority's named caseworker without delay, in accordance with statutory thresholds.
A safeguarding risk assessment will be completed for the placement at the outset and reviewed at least annually, or sooner if circumstances change. Where in-person delivery takes place at the family home or a community venue, the Provider will undertake a venue-level risk assessment and agree any reasonable adjustments with the Parent/Carer in advance.
The Provider holds public and products liability insurance of £10 million, professional indemnity insurance of £2 million, and employer's liability insurance of £5 million, underwritten by Hiscox Insurance Company Limited. Certificates are available to the Commissioning Authority on request.
Where delivery takes place online, sessions will be conducted via the agreed video-conferencing platform in line with the Provider's Online Safety Policy, with no person present other than the student, the tutor, and, where agreed in advance, the Parent/Carer.
The Provider processes personal data in accordance with the UK GDPR and the Data Protection Act 2018, acting as a data processor where the Commissioning Authority is the controller, and as a joint or independent controller where appropriate. Information shared between the Parties will be limited to what is necessary to deliver and monitor the placement.
Reports, attendance records, and case notes will be held securely and retained in line with our Data Retention Policy. The Parent/Carer consents to the proportionate sharing of information between the Provider, the Commissioning Authority, and other professionals involved in the student's care and education.
Material changes to the placement, including hours, subjects, mode of delivery, or assigned tutor, will be confirmed in writing. The Commissioning Authority may suspend the placement on reasonable notice where a review is required; the Provider will continue to charge for sessions delivered prior to suspension and will not invoice for the suspended period.
Either the Provider or the Commissioning Authority may terminate this Agreement by giving four weeks' written notice. The Provider may terminate immediately, in writing, where safeguarding or staff welfare concerns make continued delivery untenable; in such cases we will work with the Commissioning Authority to support a managed transition. Either Party may also terminate this Agreement with immediate effect, in writing, where the other Party becomes insolvent or is in material breach of this Agreement not remedied within 14 days of written notice.
The Provider operates a cancellation policy of 4 term weeks. Where the Commissioning Authority cancels the placement, whether by giving notice under this clause or otherwise, the Commissioning Authority remains liable for fees, calculated on the contracted hours agreed for the placement, for 4 term weeks following notification of the cancellation, unless otherwise agreed. This reflects the tutor time held for the student during that period.
On termination, the Provider will issue a final invoice for sessions delivered up to the effective date, together with a closing report summarising progress and any onward recommendations.
Except for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by law, the Provider's total liability arising out of or in connection with this Agreement in any 12-month period will not exceed the total fees paid by the Commissioning Authority to the Provider in that period. Neither Party will be liable to the other for indirect or consequential loss.
The Parent/Carer or the Commissioning Authority may raise concerns at any point through ap@studymind.co.uk. We aim to resolve concerns informally within five working days and will follow our published Complaints Policy where a formal response is requested.
During the placement and for six months afterwards, the Commissioning Authority and Parent/Carer will not directly engage, employ, or contract a Tutor introduced through this placement without the Provider's prior written consent.
This Agreement is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales. No variation will take effect unless agreed in writing by all Parties. Notices under this Agreement should be sent to the contact details set out in clause 1. If any provision is found to be unenforceable, the remainder of the Agreement will continue in force. Together with the details agreed for each individual placement, this represents the entire agreement between the Parties regarding that placement.