We’ve spoken to many schools, Trusts and LA support teams about the options regarding the 3-year ESS SIMS contracts, so it’s great to hear that there’s now some clarity as to what to do next.

Basically, if you’ve been thinking about exploring alternative MIS systems you can now take advantage of the new 12-month break clause following the recent Competition and Markets Authority judgement.

The CMA has published its decision to accept commitments from ESS that enable certain schools (meaning those which had considered switching providers but concluded they did not have sufficient time to do so) to apply to an independent adjudicator for a 12-month break clause. If granted, the clause will allow them to exit their current three-year contract with ESS and choose an alternative provider, should they so wish.

– This is good news for schools that wanted to go through a procurement exercise for their MIS but felt they didn’t have enough time as they can now apply for a 12-month break clause to give them time to test the market.

– What’s not so great is that there’s a limited timeframe to get your application in and you’ll need to provide a supporting statement. Schools have one month to apply, from 10^th January 2023 to 10 February 2023.

You’ll be told whether you are successful by 31st March 2023, you then have 12 months to choose a new supplier, giving you time to switch by March 2024.

There is no downside to applying. It’s worth doing to buy some time so you can take a proper look at the MIS solutions out there. You’re not under any obligation to actually move supplier and you can always change your mind and do nothing.

If you’re happy with your existing SIMS contract and terms, then of course this probably isn’t for you. However, if you would have liked to test the market but couldn’t do so at the time, here’s the link to the application form and the guidance

We’d also recommend looking at the support options available as many local school support teams are completely MIS agnostic; they support the process, not the product. They can often help you with your market-testing exercise and are able to support your MIS implementation as part of your overall IT strategy and School Development Plan too.