BL-2022-002117 - [2025] EWHC 2794 (Ch)

Section 81 of the Apprenticeships, Skills, Children and Learning Act 2009 (“the 2009 Act”) created the statutory office of Chief Executive of Skills Funding, who was appointed by and answerable to the Secretary of State for Business, Innovation and Skills. The Chief Executive had statutory responsibility for regulating apprenticeship training in England and in doing so was supported by the SFA, an executive agency which was established in 2010.

Section 100 of the 2009 Act, empowered the Chief Executive amongst other things, to secure the provision of financial resources to persons providing education or training by way of apprenticeships. About £1 billion of public money per year was administered by the SFA for this purpose.

The statutory office of Chief Executive was abolished on 26 May 2015, with the SFA continuing as an agency of the Department for Business, Innovation and Skills until July 2016, when it became an agency of the Department for Education. The SFA was abolished on 31 March 2017, its functions being transferred to the Education and Skills Funding Agency (“ESFA”), an executive agency within the Department of Education. The ESFA itself was abolished in April 2025.

Sir Peter was the Chief Executive, and head of the SFA and then the ESFA, between October 2014 and November 2017, when he was replaced by Eileen Milner. The Defendant has accepted that she is liable for the acts and omissions of the SFA and ESFA.