ESS SIMS 3 Year Contracts

[PhilNeal]

The main thing that used to distinguish FMS was central payments, a system exclusive to local authorities. Whilst secondary schools used local payment options, many primary schools initiated a purchase that was paid through the LA payment system

[Fazza]

Is it a top-secret investigation by the CMA as there's nothing on their website except something about the merger in 2021?

[enjay]

Yes, we had the email late on Friday.

 

We got the email too, about 4pm on Friday. Not sure how I overlooked it when I checked that mailbox earlier!

[tmleafs]

Got the email late Friday as well

[tmleafs]

We have the 6-month break in contract option in writing, we will look at Arbor and Bromcom to replace if cost-saving allow us to do so for a switch in the summer

Currently Sims + Edulink + 4Matix + Alps

Edited February 7, 2022 by tmleafs

[Dr_Zeux]

Nasty tactics in my view

 

The Competition and Markets Authority, which is a sub division of DfE are looking into this I believe...

[Dr_Zeux]

So I hear the new trick is... (figures are made up, but needed for the point)

ESS "So, for SIMS and FMS, that'll be £10,000 please"

School "We've decided we dont want to continue with SIMS, but we'd like to keep FMS a little while longer"

ESS "So FMS on it's own. That'll be £10,000 please"

School "We only want FMS, not SIMS anymore"

ESS "Yes, £10,000 please"

School "But in that case, we may as well keep SIMS"

 

Gross behaviour. Horrid.

We are likely to go down this road, but they haven't said that to us - we're only being charged for the Finance Suite... which is about £2400 p/a i believe...

[mavhc]

You don't have to use FMS, however they may wish to approve anything else, which would involve the alternative provider working with the LA

[Primus]

The Competition and Markets Authority, which is a sub division of DfE are looking into this I believe...

 

The CMA isn't part of the DfE, it's a non-ministerial government department.

[JamesWeatherill]

Hi everyone, I’m the co-founder and CEO of Arbor and I thought I’d pop down a few of my thoughts about the SIMS break clause as many schools have been in touch saying that they’d like to switch MIS, but didn’t feel they had enough time.

 

If you can switch at Easter you should. We’re running a fast-track programme for primary and special schools that allows you to take a look at Arbor and see if we’re a good fit for your school.

 

• Primary school fast-track programme
  
• Special school fast-track programme
  

 

If you need more time, take the break clause and switch by September 1st. Particularly for secondary schools who need more time to implement, and primary or special schools who feel rushed, this is the best option available to you right now. We’re running fast-track programmes for primary, secondary and special schools where you can see why switching will eliminate repetitive admin, give you total insight into your school and help you engage with your community in real-time.

 

• Primary school fast-track programme
  
• Special school fast-track programme
  
• Secondary school fast-track programme
  
• MAT fast-track programme
  

 

If you feel unfairly backed into a corner by this situation, then tell someone about it! The regulator empowered to act is the Competition and Markets Authority who have been contacting schools with a survey to ask their views. You can respond to their survey or contact them with a quick email on [email protected] along with:

 

• Your contact details
  
• The name of the business you’re concerned about
  
• A description of the issue
  
• Any supporting evidence and
  
• Details of other organisations you’ve contacted about this.
  

 

Happy to answer any questions about the above, just reply to this thread

[Ditto]

Thanks James, really helpful information. I doubt there has ever been a situation where one supplier has taken action to keep it's customers and the competition has delighted in the consequences! I think a 'pub chat' would be super interesting compared to what can be said in the public domain, but I do have to say I really don't think DfE have helped schools in any way whatsoever. In what are really challenging times, with schools trying to achieve a lot of educational catch-up, on top of inflation pressures all around (think open windows and rapidly rising heating costs, the recent move by ESS could not have come at a more insensitive time.

[simonw]

Break clause has been removed AFAIK.

[Rob_D]

Break clause has been removed AFAIK.

You mean the 6 month one? But we've just been told to sign up for it.

[simonw]

You mean the 6 month one? But we've just been told to sign up for it.

 

Maybe its different for different LA's, but I think in Kent its been removed.

 

January

ESS will be offering a 6-month break clause option to all schools who accept their quote via the Gateway and enter a 3-year contract with ESS on or before 20th February 2022, which is a useful safety net if for any reason you wereto change your mind and would give you the opportunity to explore and implement an alternative MIS. If you wish to explore alternatives you should start doing this straight away to ensure you have the time to undertake this work prior to the end of the 6-month break clause.

 

February"ESS have now withdrawn their earlier offer of a 6-month break clause and have told us that schools will be contacted with access to the Gateway on or shortly after 21 February"

[BKGarry]

Also, word of warning from another Kent School, They have broken off from the LEA licensing too, so now all schools have to go direct, and most of us only received notification Today of this! Putting us all in a very tricky situation when they told us not to do anything if you are in the LEA License!

[DrCheese]

enter a 3-year contract with ESS on or before 20th February 2022

 

How fantastic that the CMA's consultation ends on the 23rd of Feb :/ That said, could they apply punishment retrospectively?

[CHiLL]

Maybe its different for different LA's, but I think in Kent its been removed.

 

January

ESS will be offering a 6-month break clause option to all schools who accept their quote via the Gateway and enter a 3-year contract with ESS on or before 20th February 2022, which is a useful safety net if for any reason you wereto change your mind and would give you the opportunity to explore and implement an alternative MIS. If you wish to explore alternatives you should start doing this straight away to ensure you have the time to undertake this work prior to the end of the 6-month break clause.

 

February"ESS have now withdrawn their earlier offer of a 6-month break clause and have told us that schools will be contacted with access to the Gateway on or shortly after 21 February"

Where did you get that information you received this month? We haven't received anything like that.

 

Is it only the 6-month break claused that they've withdrawn, meaning if you enter the three year contract, you're stuck in it for the full duration?

[simonw]

Where did you get that information you received this month? We haven't received anything like that.

 

Is it only the 6-month break claused that they've withdrawn, meaning if you enter the three year contract, you're stuck in it for the full duration?

 

Info is from our LA.

AFAIK just the 6 month break clause has been withdrawn, meaning accepting a 3 year contract.

[mthomas08]

Our finance dept received the letter on the 29th Dec regarding the 6 month clause. This got passed over to me upon return in Jan.

 

The letter should be addressed to the person that signs your agreement on the portal.

[tmleafs]

Info is from our LA.

AFAIK just the 6 month break clause has been withdrawn, meaning accepting a 3 year contract.

 

Got any proof?

[simonw]

Got any proof?

 

Post #648 contains quotes from letters received from our LA. One from Jan and then Feb, which impacts our 2 schools in Kent.

 

I'm not saying other schools in other LA's are affected in the same way.

 

I have the proof I need.

[BKGarry]

both myself and @simonw are the same LEA, this is the LEA that instructed us not to do anything, as we were with the LEA Licensing model, it is this licensing model that they have disagreed on and removed themselves through and now we have to go to Single School Licensing (like a lot of you may already be)

 

I am waiting to see who gets access to this Gateway, as I want to know if they are going to charge us to move, the same as if you academised (is that a word?) you have to pay the transfer fee or whatever it is called. As we were directly licensed before BSF and had to pay to move into the LEA License under the terms of the BSF contract for ICT/PFI somewhere

[Dr_Zeux]

Hi everyone, I’m the co-founder and CEO of Arbor and I thought I’d pop down a few of my thoughts about the SIMS break clause as many schools have been in touch saying that they’d like to switch MIS, but didn’t feel they had enough time.

 

If you can switch at Easter you should. We’re running a fast-track programme for primary and special schools that allows you to take a look at Arbor and see if we’re a good fit for your school.

 

• Primary school fast-track programme
  
• Special school fast-track programme
  

 

If you need more time, take the break clause and switch by September 1st. Particularly for secondary schools who need more time to implement, and primary or special schools who feel rushed, this is the best option available to you right now. We’re running fast-track programmes for primary, secondary and special schools where you can see why switching will eliminate repetitive admin, give you total insight into your school and help you engage with your community in real-time.

 

• Primary school fast-track programme
  
• Special school fast-track programme
  
• Secondary school fast-track programme
  
• MAT fast-track programme
  

 

If you feel unfairly backed into a corner by this situation, then tell someone about it! The regulator empowered to act is the Competition and Markets Authority who have been contacting schools with a survey to ask their views. You can respond to their survey or contact them with a quick email on [email protected] along with:

 

• Your contact details
  
• The name of the business you’re concerned about
  
• A description of the issue
  
• Any supporting evidence and
  
• Details of other organisations you’ve contacted about this.
  

 

Happy to answer any questions about the above, just reply to this thread

 

Hi James

Having made an initial phone enquiry with Arbor, I was informed to send a follow up email to hello@....

I sent multiple emails to your company, including to yourself, to get your company to demo to our consortium (made up of 4 schools).

I heard nothing back to these emails and as such, have decided to go with Bromcom. It's a shame, as i've heard very good things about Arbor, but if you can't respond to simple emails, it doesn't leave me feeling very convinced about your organisation providing support for schools should we switch to Arbor.

So, unfortunately, as a result, you lost 4 secondary schools' business...

Hope your customer service improves going forwards!

[tmleafs]

I have it in writing that we have the 6-month clause active, not sure how they can stop us, they have the 400 schools legal case & CMA going after them they are just making their situation worse

[JamesWeatherill]

Hi @dbluston

 

I'm very sorry to hear about your experience, it doesn't represent us at our best and I'll have a look into what happened. Admittedly we've been busy dealing with enquiries but that's no excuse (especially for me).

Edited February 11, 2022 by JamesWeatherill