Open university, higher education and distance learning



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|OPEN UNIVERSITY, HIGHER EDUCATION AND DISTANCE LEARNING |

|This instruction applies to:- |Reference:- |

|Welsh Prisons (including contracted prisons) |PSI 32/2012 |

|Issue Date |Effective Date |Expiry Date |

| |Implementation Date | |

|Update issued 1 April 2019 |14 November 2012 | 5 November 2016 |

|Issued on the authority of |NOMS Agency Board |

|For action by |All staff responsible for the development and publication of policy and instructions |

| |NOMS HQ |

| |All prisons |

| |High Security Prisons only |

| |Contracted Prisons* |

| |Probation Trusts |

| |Governors |

| |Heads of Groups |

| |Contract Managers in Probation Trusts |

| |Probation Trust Chief Executives |

| | |

| |NOMS Cymru |

| |Offender Managers |

| |Education Providers |

| |Heads of Learning and Skills |

| |National Careers Service Providers |

| |* If this box is marked, then in this document the term Governor also applies to Directors of |

| |Contracted Prisons |

|Instruction type | service specification support/ /service improvement /legal compliance |

|For information |Skills Funding Agency |

| |Open University (OU) |

| |Prisoners Education Trust (PET) |

|Provide a summary of the policy aim and the |This PSI has been re-issued due to the introduction of the Education and Library Service for |

|reason for its development / revision |Adult (including Young Adult) Prisons in England Policy Framework, published on 1 April 2019. |

| | |

| |The Policy Framework supersedes this PSI in England only. All sections remain applicable to |

| |Wales |

|Contact |Sharon Barrett, Head of Learning and Skills Co-commissioning, Offender Services Co-commissioning|

| |Group 0300 047 5194 |

| |For queries relating to NOMS Cymru – Ingrid Zammit, Directorate of Commissioning and Commercial,|

| |07810 – 854265, Ingrid.zammitt@noms..uk; |

|Associated documents |Education and Library Service for Adult Prisons in England Policy Framework |

| |PSI 01/2012; Manage Prisoner Finance |

| |PSI 32/2011 Ensuring Equality |

| |PSI 26/2011 NOMS Finance manual |

|Replaces the following documents which are hereby cancelled : |

|PSI 33/2010 |

|Audit/monitoring: |

|Deputy Directors of Custody, Commissioners and Controllers will monitor compliance with the mandatory actions set out in this Instruction. |

|Governors’ / Directors’ appointed representatives will ensure compliance in their establishments with the mandatory actions set out in this |

|Prison Service Instruction. |

|NOMS (OESS Group), the Department for Business, Innovation and Skills (BIS), Skills Funding Agency (SFA), Open University (OU) and the |

|Prisoners’ Education Trust (PET) staff will also monitor strategic outcomes of this PSI. |

|Introduces amendments to the following documents: N/A |

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CONTENTS

|Section |Subject |For reference by: |

|1 |Executive summary |All staff |

|2 |Operational Instructions |All staff |

|2.1-2.4 |Eligibility for Accessing Open University, Other Higher Education and Distance |Governors’/ Directors’ appointed |

| |Learning Programmes |representatives for learning and |

| |[pic] |skills |

|2.5-2.9 |Risk Management of Applicants | |

|2.10-2.22 |Funding Open University, Other Higher Education and Distance Learning Programmes | |

|2.23 |NOMS Wales Funding Arrangements for Open University, Other Higher Education and |NOMS Wales |

| |Distance Learning Programmes | |

|2.24 |Security Clearance for Open University, Other Higher Education and Distance Learning |All staff |

| |Programmes | |

|2.25-2.32 |Learners Transferring or Leaving Study |All staff |

|2.33-2.34 |Maintaining Records |All staff |

|3 |Eligibility for funding under new regulations from new students 1 September 2012 |All staff |

|4 |Guidance |All staff |

|Annex A |Application To Undertake Higher Education Learning Courses Via External Providers |Key staff – offender |

| | |manager/supervisor; Governor’s/ |

| |[pic] |Director’s appointed representatives |

| | |for learning and skills, etc. |

|Annex B |Student HE Application Proforma And Application Process Charts | |

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| |[pic] [pic] | |

|Annex C |Prisoners’ Education Trust Guidelines |Governor’s/ Director’s appointed |

| | |representatives for learning and |

| |[pic] |skills |

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|Annex D |Students Leaving Establishment Proforma |Governor’s/ Director’s appointed |

| | |representatives for learning and |

| |[pic] |skills; offender manager/ supervisor |

|Annex E |OU Sponsorship Form And Simplified Open University Registration Flowchart |All staff |

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| |[pic] [pic] | |

|Annex F |Security Vetting Procedure |Governor’s/ Director’s appointed |

| | |representatives for learning and |

| |[pic] |skills |

|Annex G |Open University Regional And National Contacts |All staff |

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| |[pic] | |

|Annex H |Open University Educational Trust Criteria |All staff |

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| |[pic] | |

|Annex I |Open University, Higher Education and other Distance Learning Courses in Prison - |All Staff |

| |Guidance on approved courses for offenders in England | |

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| |[pic] | |

1. Executive summary

Background

1.1 NOMS encourages establishments to provide prisoners with opportunities for higher education and distance learning as an important contribution to their resettlement, as well as a way to assist prisoners with long term sentences to positively engage with regimes. This instruction provides a framework through which staff must process prisoners’ applications whilst ensuring that security and sifting processes are rigorous. Applications for relevant funding must also be thorough. This PSI also provides guidance on the suggested support required for successful completion of studies.

Desired outcomes

1.2 This instruction aims to ensure that Open University (OU), other Higher Education (HE) and Distance Learning (DL) courses are available to prisoners identified as likely to benefit from such study in line with assessments, resettlement requirements and aspirations. Prisoners should receive appropriate information, advice and guidance about further and higher education. The recommendation that such study is appropriate and contributes to reducing reoffending and employability objectives should be recorded on the prisoner’s Individual Learning Plan (ILP) by the individual providing the advice.

Application

1.3 This instruction sets out mandatory requirements in operating this policy: sift procedures: funding: security vetting procedures for OU and other staff: instructions for transferring prisoners’ details on transfer or release: and, maintaining prisoners’ individual learning plans.

1.4 Chapter 2 of this instruction explains the process for accessing all OU and other HE and DL courses, and the eligibility criteria which must be fulfilled. Detailed instructions feature in the guidance at Paragraph 3.

Mandatory actions

1.5 All staff associated with and responsible for the learning progression of prisoners, including providers and the Offender Managers must comply with procedures set out in this instruction

Resource impact

1.6 There are no additional resource implications. This PSI clarifies the existing system.

Ian Poree

Director of Commissioning and Commercial, NOMS

2. Operational instructions

ELIGIBILITY FOR ACCESSING AND FUNDING OPEN UNIVERSITY (OU), OTHER HIGHER EDUCATION (HE) AND DISTANCE LEARNING (DL) PROGRAMMES.

FOR NEW LEARNERS REGISTERED FROM 1 SEPTEMBER 2012 FOLLOW INSTRUCTIONS AT PARAGRAPH 3

Learners already registered for OU, HE and DL courses will continue to be supported under the current funding guidelines.

Learners starting new courses from 1 September 2012 will be registered under the new guidelines as indicated at paragraph 3.

Remand Prisoners

2.1 Prisoners held on remand are not eligible. Remand prisoners who started studying with the OU prior to entering prison are not eligible to access face to face tutorial support but may be regarded as continuing learners and allowed to continue study by correspondence. On conviction and sentence they will become eligible for the sift procedure and for entry to the OU scheme or other DL courses.

Sentenced Prisoners

2.2 To be eligible to apply for an OU, other HE or DL course, the prisoner must:

• Be a sentenced prisoner regardless of whether an appeal is underway or has been lodged;

• Be able to demonstrate evidence of appropriate learning and attainment at or above National Qualification Framework (NQF) Level 2 through ILP records;

• Be in receipt of appropriate information advice and guidance, including from the National Careers Service

• Have a current Individual Learning Plan indicating OU or DL as a viable objective whether or not the learner is self-funding;

• Have evidence of the required potential and motivation to complete a DL or HE programme;

• Meet the security screening requirements indicated at paragraphs 2.21-2.22;

• Have a successful application or be in receipt of adequate funding to pay for their DL or HE programme.

See Section 3 for changes to eligibility criteria for new learners which have become operative from 1 September 2012

Equal Opportunities

3. All prisoners who meet the necessary eligibility requirements as indicated at 2.2 will be given fair access to OU, HE or DL courses in accordance with Prison Service Equality Policies. Applications must be monitored to meet with requirements in line with the following PSI: PSI 32/2011 Ensuring Equality.

Foreign Nationals

4. Governors/ Directors or their authorised representatives must consider the immigration status of the OU, other HE or DL applicant (please refer to the Local Policy for Managing Foreign National Prisoners Foreign National Prisoners Local Policy Document). The Student Loans Company however will make the final decision about eligibility for a student loan.

RISK MANAGEMENT OF APPLICANTS – SIFT AND APPROVAL PROCEDURE

Education and Security Approval

2.5 All prisoners wishing to apply for an OU, HE or DL course must first go through the following sift procedures, regardless of the funding source.

2.6 The objective of the sift is to ensure that applicants are properly advised about the nature of study, that they have the aptitude, ability and motivation to successfully complete their chosen course, that they meet the eligibility criteria at Paragraph 2.2 and that they have the full support of the Governor’s/Director’s appointed representative. The security sift ensures that the prisoner’s application is appropriate and that access to the course is appropriate in the context of his/her conviction.

 

7. Each relevant department must complete the appropriate section of the internal application form at Annex A.. The process takes into account relevant resettlement pathways. Only the pathways relevant to an individual learner need to be completed. Staff will consider the details provided by the prisoner with regard to the course applied for, including their suitability, long-term plans, and the requirements for that course in terms of day release and access to IT and any e-learning resources e.g. CD ROMs or graphic calculators. It is expected that relevant files will be checked – e.g., wing file, security file, medical records, sentence plan, OASys, and any other documentation as appropriate. Confidential information need not be put on this form; but if there are issues, reference must be made as appropriate.

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1. Contributions on forms

Healthcare HE2 D and Psychology HE2 E should be requested only if relevant to the applicant’s needs

Section: To be completed by:

HE1 Already completed by prisoner

HE2 A Governor’s / Director’s appointed representative

HE2 B Residential Personal Officer or Accommodation Residential Manager

HE2 C Offender Management Department

HE2 D Health Care Department

HE2 E Psychology Department

HE2 F Security Department

2.9 Please note that the above HE2 forms should be attached (as appropriate) to a completed HE1 Form – the prisoner’s application. The prisoner should be given HE1 only.  The senior manager responsible for learning and skills must co-ordinate the progression of this process.

FUNDING OU, OTHER HE AND DL PROGRAMMES

Changes to the funding of Higher Education for students in prison will be enforced from 1 September 2012. As part-time learners, prisoners beginning their studies after this date or who are not eligible for the OU’s transitional arrangements will no longer have access to grants but will be able to apply for student loans if they meet identified criteria as indicated at Paragraph 2.2 of this PSI

10. There are a number of possible sources of funding for prisoners who wish to take OU, other HE or DL courses:

• The prisoner’s private funds

• Funding via a third party, e.g. relatives or a charity

• OU courses

New OU learners may apply for funding for openings courses via the Prisoners’ Education Trust (PET). For the PET application process, see Annex C or for Student Loans following study of an Openings course

Continuing OU learners may apply to the OU directly (see the guidelines at Paragraph 4)

• A combination of the above in which the Governors’/ Directors’ appointed representatives for learning and skills takes responsibility for payment of the full amount

• Funding for additional materials such as books may be applied for through the establishment’s Learning and Skills Development Fund

2.11 It is expected that prisoners who have passed the internal approval (sift) procedure should pay for the course themselves, if they have the funds to do so. If the prisoner has no private funds, they should seek third party support, for example through relatives or a charitable trust.

2.12 Even if applying for charitable or government funds, prisoners should be encouraged to make a personal contribution from their prison wages/savings.

 

2.13 Before an application is made to the Governor/ Director for funding, the establishment must be satisfied that steps have been taken to secure funding from alternative sources.

2.14 If private or third party funds are used, the Governor’s / Director’s appointed representative must satisfy themselves that the money is derived from a bona fide source.

Accounting Process all education courses 

 

15. The accounting process for funding from prisoners and third parties for all education courses, including OU, other HE and DL is as follows:

• Only prisoners’ private funding for their courses can be paid into the Open University account, code 09470.

• External donations (from relatives, charities etc.) received for individual prisoners specifically for the purpose of their education course fees must be ring-fenced and paid into a special fund account within the Special Fund Control Account code 09450 using an appropriate analysis code.

• Funding held in account codes 09450 and 09740 can be set up locally and does not require FC&A approval.

• If the prisoner is to be released and there is still residue funding, arrangements must be made for any remaining element of the funding prior to their release as follows:

a) Funding from prisoners – the residue funding should be credited to the prisoner’s account and returned to the prisoner on their release

b) Funding from a third party – the residue funding should be returned to the original fund-provider with a note giving full details and reasons, unless specific action has been agreed in advance with the fund provider.

For further guidance, please refer to PSI 01/2012 Manage Prisoner Finance or email FC&A Financial Policy at policy.finance@noms..uk

2.16 The Governors’/ Directors’ appointed representatives must complete a sponsorship form which accompanies an offer of registration for both new and continuing learners irrespective of the source of funding.

 

2.17 Prisoners are not eligible to apply for an account with OU Students Budget Account. However, continuing learners may be able to apply for discretionary transitional funding specifically allocated for prisoners and administered by the OU Prisons Registration Team (SRS-Nottingham: email - SRS-OLSU-Team@open.ac.uk Phone - 0845 3666059) or for funding from the Open University Students Educational Trust (OUSET) Please see ANNEX H.

Funding For DL Courses

2.18 Prisoners seeking funding for other DL courses or for vocational courses provided externally, and for which they may be eligible for release on licence, may apply to charitable sources. The Prisoner Funder Directory, published by the Hardman Trust, lists the main charities and trusts to whom applications can be made. A copy of the directory should be available in every establishment’s library. It is also available online at .uk. Details regarding criteria for funding from the Prisoners’ Education Trust (PET) please see ANNEX C

Funding for other HE Courses

2.19 Provided that the conditions for applying for a higher education or part time teacher training courses are met, an application for a student loan can be made. The award could cover tuition fees, Disabled Student Allowance and loans or grants for books. Consequently Paragraph 311, PSI 01/2012; Manage Prisoner Finance does not apply to this loan application process.

2.20 If successful, the Governors’/ Directors’ appointed representatives must submit a copy of the Student Higher Education Application Proforma at ANNEX B to the identified contact at the Student Loans Company (SLC) below for their action. A Student Support Application form (SSAF) will then be handed to the candidate (prisoner) for completion. The application for student support will need to be endorsed by the Governors’ / Directors’ appointed representatives with a certificate confirming, where necessary, that the applicant is eligible for Release on Temporary Licence (ROTL) and that it is permitted; and all criteria in paragraph 2.2 have been met.

Contact at SLC: Fiona Innes

SLC Fax number: 0141 306 2033

Telephone number: 0141 243 3487

21. The establishment’s Senior Manager for learning and skills and/or Governors’ / Directors’ appointed representatives will be notified by the SLC whether the application for student support has been successful. If unsuccessful, the result should be recorded on the applicant’s ILP.

22. If the application relates to study commencing after release, the establishment should ensure that notification is sent to the SLC if release does not take place prior to the expected course start date.

PRISONERS NORMALLY RESIDENT IN WALES

23. The Welsh Assembly Government is responsible for offender learning and changes are being made to the criteria for funding of further education courses for prisoners who are normally resident in Wales. If a prisoner’s status is defined as being a Welsh resident (he or she is normally resident in Wales) the current procedures should be followed until 1st September 2013, by which date new processes will be in place. New guidance for Welsh applications will be produced in June 2013. All prisons will need to determine the residency of prisoners wishing to apply for financial support and follow the guidance in the relevant sections in this PSI on how to process the application for funding from residents of England or Wales.

NORTHERN IRELAND

24. Responsibility for learning and skills delivery to prisoners in Northern Ireland establishments lies with the Department of Justice, through the Northern Ireland Prison Service (NIPS). That responsibility however does not extend to Northern Ireland residents in non-Northern Ireland prison establishments. Such prisoners seeking to apply for funding should contact either of the following bodies for advice:

|Student Finance NI |The Open University |

|40 Academy Street |110 Victoria Street |

|Belfast |Belfast |

|BT1 2NQ |BT1 3GN |

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|Tel. 028 9056 4000 |Tel. 028 9024 5025 |

|email: student.awards@belb.co.uk |email: Ireland@open.ac.uk |

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|Its Customer Support Office (CSO) helpline number is 0845 600 0662| |

SECURITY CLEARANCE FOR OU, HE AND DL STAFF

2.25. OU and other tutors delivering a tutorial and support service to prisoners must comply with NOMS security clearance procedures in order to access prisons that hold their prisoner learners. Pre-access security checks are required to:

• ensure the identity of applicants is genuine and they have entitlement to work in the United Kingdom

• assure the integrity of the organisation and safety of staff and prisoners

• avoid security breaches within NOMS: mitigating the risk by assuring the vetting procedures undertaken are strictly applied in accordance with the Safeguarding Vulnerable Groups Act 2006: ensuring that the identify of people wishing to support learners in the prisons is properly authenticated: and that they do not pose a threat to security and will not discredit the Service.

For full details of this process follow instructions at ANNEX F

PRISONER LEARNERS TRANSFERRING OR LEAVING STUDY

Learners Being Released

2.25 For OU learners, the Governors’/ Directors’ appointed representatives should liaise with the OU Regional Centre on the provision of guidance to OU learners approaching release. A useful leaflet ‘Study after prison’ is also available from the Regional Centre or online on the OU website.

2.26 The establishment must complete the form at and advise the course provider that the prisoner has been released from prison. Where a prisoner is under supervision when released, a copy of the form must be sent to the Offender Manager via the prison’s offender supervisor. In all instances, a record of learning activity must be placed on the Learning Records Services (LRS) system for access by the learning provider.

Transfer Instructions: For All Distance Learners, Including OU

 

2.27 The transfer form at Annex D must be completed and sent to the relevant institution and a copy placed on the individual’s file if relevant.

2.28 Where prisoners are transferred in mid course, they should be allowed, where possible, to continue with the course. Continued study should be dependent on passing relevant aspects of the sift procedure in the designated establishment.

Should the prisoner remove to another establishment, the transferring establishment must move any residual financial balance via Inter Unit Charge (IUC) to the receiving establishment on the transfer of the prisoner, to reflect the remaining element of the funds sponsored by a third party. The IUC transfer must be accompanied with full details. See PSI 26/2011 NOMS Finance Manual or email policy.finance@noms..uk for further guidance.

Prisoners Withdrawing From an OU Course

 

29. If a prisoner withdraws from a course, the OU has approved procedures for withdrawal and fee liability. These are activated once a written notice of withdrawal has been received. In exceptional circumstances, the OU will accept notification of withdrawal from the establishment. This could include instances where prisoners are deemed unsuitable on the grounds of personality, behaviour or mental or physical health.

30. The establishment should contact their OU Regional Centre for further guidance on any aspect of the fee policy (See Annex G).

31. Prisoners who are sponsored by a third party, and who subsequently withdraw from a course, will not be entitled to benefit from any refund from the OU. The Governor’s/ Director’s appointed representative, on receipt of any refund from the OU, should return it to the original sponsor with an appropriate explanation.

MAINTAINING RECORDS

2.32 All actions taken must be recorded on the applicant’s ILP by the education provider if applicable. Relevant stakeholders with an interest in the individual’s application progress will be advised.

2.33 Once the prisoner has been released from custody, the proforma at Annex B (Annex B1 from 1 September 2012) must be sent to the SLC indicating in the form, marked ‘for SLC action only’, that the prisoner has left the establishment, the date and a contact name and details of the person sending the pro-forma.

PROCEDURES FOR NEW STUDENTS FROM 1ST SEPTEMBER 2012 

3. Eligibility for funding under new regulations from 1 September 2012

Funding arrangements for new learners will change from 1 September 2012. All learners must go through the sifting process. If they have private funds or funding via a third party, e.g. relatives or a charity, they can pay for their own learning. If a learner has completed an Openings course and meets the eligibility criteria indicated below they will have to apply for a student loan to fund their course.

3.1. Eligibility criteria for a student loan:

Eligibility for a student loan is determined by the Student Loan Company, using the following criteria:

(a) The learner is beginning the current course or current part-time course on or after 1st September 2012

(b) The learner is serving a sentence of imprisonment in the United Kingdom

(c) The learner has been authorised by the prison Governor / Director or other appropriate authority to study the current course or current part-time course

(d) The learner’s earliest release date is within 6 years of the first day of the first academic year of the current course or current part-time course. For prisoners with indeterminate sentences, the minimum period of imprisonment set at trial (the sentence tariff) should be treated as the earliest release date

(e) The learner has not transferred to the current course or current part-time course under Regulations 7 or 151 from a course beginning before 1st September 2012; and

(f) The learner is not beginning an [1]‘end-on’ course on or after 1st September 2012;

2. Confirmation and authorisation from Governing Governors

The Student Loans Company (SLC) will accept applications from Offender Learners on the standard application form. This form must be accompanied by a letter from the Governor/Director or other appropriate authority to:

a) Confirm and authenticate the stated release date

b) Confirm the identity of offender learners who do not have the normal proofs of identity required by the SLC i.e. a passport or birth certificate.

For further information, access The Education (student support) Regulations 2011 link



3. Wales resident Students

a) For prisoners normally resident in Wales help with course fees will remain the same until September 2013.

b) However the eligibility criteria have changed and are the same as the criteria for English resident learners shown above at 3.1.

.For further information please access the Assembly Learning Grants and Loans (Higher Education) (Wales)(No 2) Regulations 2011 link:



GUIDANCE

4. Open University, Higher Education and Distance Learning Operating Guidelines

Please access the link below for detailed operating guidelines that will enable the smooth delivery of this OU, other HE and DL process.

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Annexes

Please note that all these annexes can be accessed via the links given in the contents section

Annex A - Application to undertake Higher Education learning courses via external providers

Annex B – Student Higher Education Application pro-forma and application processes

Annex C – Prisoner’s Education Trust application process

Annex D – Students leaving establishment pro-forma

Annex E – OU Sponsorship form and simplified OU registration flowchart

Annex F – Security Vetting Procedure

Annex G – OU Regional and National contacts

Annex H – OU Educational Trust criteria

RETURN TO CONTENTS

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[1] An end-on student for these purposes is a student who starts to study an Honours degree course immediately after successfully completing a lower level qualification (DipHE, CertHE, HND, HNC or foundation degree) in the same mode of study, disregarding any intervening vacation or significant break.

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