24. Mrs X complains that her request for the first Early Career Payment (ECP) which she initiated the process for claiming in March 2022, was declined by the Department for Education (DfE) for the 2021 to 2022 academic year.
25. According to the DfE’s guidance on the first ECP for mathematics teachers, those who completed an undergraduate ITT or started a postgraduate ITT in the 2018 to 2019 academic year, were eligible to apply during the first window. This eligibility window was open from September 2021 to January 2022, for teachers in their third year of training.
26. The evidence shows that consequently, the DfE informed Mrs X that she had missed the eligibility window for claiming.
27. We acknowledge that, in addition to missing the eligibility window, Mrs X considered the DfE’s communications and notifications to be ‘inadequate’. She felt this created ‘additional and unreasonable barriers’ which prevented her from making a claim. She adds that the correspondence she received on 19 December 2018 ‘did not state there was a limited window in which to apply’.
28. Mrs X stated ‘In my opinion DfE should be forthcoming and notify candidates in advance when the window to claim is opening/closing. It is inequitable that I have missed out on a payment I was promised and which I relied upon in good faith due to a limited window of opportunity to make the claim which was not highlighted to me at the outset’.
29. Under our Principles of Good Administration – being customer focussed – we expect organisations aim to ensure that customers are clear about their entitlements; about what they can and cannot expect from the public body; and about their own responsibilities. With this in mind, we looked carefully at what information the DfE made publicly availableabout this scheme.
30. The evidence shows that the DfE clearly displayed information on its Gov.UK website, regarding the opening, and duration of the eligibility window. This information was accessible to the public.
31. An archived Gov.UK page displaying information dated 21 October 2019, provides details about the process and eligibility [ARCHIVED CONTENT] Early-career payments: guidance for teachers and schools - GOV.UK as shown below:
32. Apply for Early Career Payments For teachers who started postgraduate ITT in the 2018 to 2019 academic year: • 2021 to 2022 for the third year payment • 2023 to 2024 for the fifth year payment
33. It also included a section named ‘Register your interest’ for registering interest to receive updates from the DfE, as shown below:
34. Teachers, schools and local authorities can register their interest and receive updates from the Department for Education.
• Teachers: register your interest • Schools and local authorities: register your interest
35. It also stated on 11 May 2018 ‘We will publish details of the application process in due course and prior to the first payment year’.
36. This was updated on 4 May 2021 to read, ‘Details about the application process will be available soon’.
37. On 24 May 2021, the page included information on when the eligibility window was open for teachers to apply for the first ECP in the 2018 to 2019 cohort, as show below:
38. When to apply and payments - You need to apply at different times depending on: • the subject you teach • when your ITT course started in (postgraduate) or finished in (undergraduate) Each application window will be open for five months from September in the year stated.
39. It also provided an email address for questions regarding ECP’s earlycareerteacherpayments@digital.education.gov.uk.
40. When the window opened in September 2021, the page was updated again and said ‘check your eligibility and apply for your first payment now’.
41. In additions, the DfE confirmed in its first formal response in October 2022, that it had ‘sent communications to eligible teachers’ using the details held by the Teacher Regulation Agency (TRA) and listed five emails, dated between 31 August 2021 and January 2022, that these were sent to eligible teachers, which are listed below:
• 31 August 2021 - prior to the application window opening • 6 September 2021 - to notify teachers that the application window had opened • 21 October 2021 - communications highlighting incentives • December 2021 – a reminder to claim • January 2022 - to inform teachers that the application window was due to close.
42. The DfE also confirmed that the next eligibility window for Mrs X’s cohort would be open from September 2023 to January 2024.
43. Mrs X stated that she did not receive any of the above emails, which is unfortunate. Although it is unclear why she did not receive them, it is important to note that, the DfE were not obliged to send reminder emails, such reminders would have been provided out of courtesy.
44. We acknowledge that Mrs X recognises she missed the eligibility window ‘I certainly take responsibility that I missed the publication of the relevant dates in which to apply on the DfE website’.
45. We also understand that not receiving the ECP was deeply disappointing for her, and she felt let down and undervalued. We appreciate the good faith in which she applied, and recognise the frustration this situation has caused.
46. The DfE confirmed in its June 2024 response, ‘We apply all ECP eligibility criteria, including the application window, with good effective administration to ensure all applicants are treated fairly, reasonably and consistently. It is not possible to apply for an ECP retrospectively, and we cannot make an exception in this circumstance’.
47. We also note that within the same response the DfE stated ‘claims for the 2021 to 2022 application window have now closed. If you are eligible, claims for the 2022 to 2023 academic year will open in Autumn 2022’.
48. In response, Mrs X stated ‘They suggested that I claim again the next time the window opened in the academic year 2022/2023 but I have since been informed that I am not eligible to do this’.
49. Although the DfE mentioned the 2022 to 2023 window, this was conditional on eligibility and did not indicate that Mrs X was entitled to claim. It remained her responsibility to verify her eligibility, and under the 2019 to 2020 cohort, she was not eligible to claim.
50. We also understand that Mrs X interpreted that the ECP was ‘part of the overall package for maths teachers’ which she says is noted in the Initial Teacher Training Bursaries Funding Manual. However, all though these are available, ECP’s are separate incentives from any bursaries, teachers may have received from their ITT provider.
51. Whilst Mrs X is correct that ECP’s were available in the third and fifth year, each eligible teacher still needed to claim the payment during the specific eligibility window. Teachers who did not apply within this period were not able to claim retrospectively. The DfE’s decision not to make the payment after the eligibility window closed, is reasonable.
52. It is important to note that, eligibility windows are enforced to maintain compliance, fairness and proper use of funds. It remains the individual teacher’s responsibility to submit their application within the specified window, to receive the payment.
53. Under our Principles of Good Administration – being open and accountable, organisations are expected to clearly state their decision-making criteria, and give reasons for their decisions. We can see that the DfE acted in line with our principles here.
54. We sympathise with Mrs X, and fully recognise that this has been a very difficult time for her, and we do not wish to diminish the impact that this situation has had on her.
55. In summary, we have decided to take no further action on this complaint. This is because we can see that the DfE clearly explained why it could not pay the first ECP retrospectively, and provided clear information regarding the eligibility window. We would not have expected the DfE to have done anything more.
56. We thank Mrs X for bringing her concerns to our attention, and wish her well for the future.