1. Introduction
These Terms and Conditions apply to training and related services provided by Oliver McGowan Academy (OMA), an operating division of MDG Health Consult Ltd.
References to “OMA”, “we”, “us” or “our” mean Oliver McGowan Academy, operating through MDG Health Consult Ltd. OMA is not a separate legal entity.
By making a booking or entering into a training agreement with us, the client agrees to these Terms and Conditions, together with the applicable quotation, booking confirmation and any additional written terms agreed between the parties.
Where a separate written contract has been signed, its terms will take precedence over these Terms and Conditions to the extent of any inconsistency.
2. Training services
OMA coordinates and provides training services, including relevant Oliver McGowan Mandatory Training (OMMT) arrangements.
The specific training, delivery format, course dates, location, trainer arrangements, learner numbers and other requirements will be set out in the relevant quotation, booking confirmation or written agreement.
Training may include classroom or in-person delivery, relevant online learning prerequisites and associated administration.
We will make reasonable efforts to deliver the agreed service as described. Any changes to the agreed arrangements will be communicated to the client as soon as reasonably practicable.
Training Partnerships and Certificates of Completion
OMA is an operating division of MDG Health Consult Ltd. OMA currently works in collaboration with partners approved to deliver The Oliver McGowan Mandatory Training on Learning Disability and Autism. OMA may support the coordination and delivery of training in accordance with the applicable partnership arrangements and programme requirements.
Where a partner is responsible for issuing certificates for The Oliver McGowan Mandatory Training, certificate issuance is managed in accordance with that partner’s arrangements and requirements. OMA will explain its role in the partnership accurately and will not represent itself or MDG Health Consult Ltd as an approved or accredited provider unless the relevant status has been formally confirmed.
MDG Health Consult Ltd intends to pursue the relevant approval or accreditation to become a provider in its own right. Until this is formally confirmed, OMMT delivery and certificate arrangements remain subject to the applicable programme requirements and partnership agreements.
OMA may issue its own Certificates of Completion for separate Neurodiversity Awareness training when learners meet the applicable completion requirements. These certificates are distinct from certificates issued for The Oliver McGowan Mandatory Training.
3. Bookings and confirmation
A booking is confirmed when the required booking agreement, purchase order or other written acceptance has been received and any deposit or advance payment specified in the quotation has been paid, where applicable.
A provisional date or informal enquiry does not constitute a confirmed booking unless we expressly confirm otherwise in writing.
Clients must provide accurate booking information, including the number of learners, course requirements, location and any relevant delivery arrangements.
Where a booking is made by an employer, commissioner or other organisation on behalf of learners, that organisation is responsible for providing accurate administrative information and communicating relevant booking requirements to its learners.
4. Fees and payment
Fees will be set out in the applicable quotation or written agreement.
Unless otherwise agreed in writing, the client must pay invoices in accordance with the payment terms stated on the invoice or booking agreement.
Fees may cover training delivery, preparation, materials, administration, quality assurance and other agreed services. Any additional costs must be identified in the quotation or agreed in writing.
Payment may be made by the methods stated on the invoice or booking instructions. Current arrangements include Stripe where online card payment is offered and bank transfer. Other payment methods will be available only if expressly offered.
Fees, payment arrangements, cancellations, refunds and expenses are subject to the applicable booking terms and the relevant Fees, Refund and Cancellation Policy.
5. Client cancellation
If a client wishes to cancel a confirmed booking, it must notify us in writing as soon as possible.
Unless different terms have been expressly agreed in writing, the following cancellation schedule applies to the total agreed training fee:
| Notice received before the scheduled training date | Cancellation charge | Refund of training fees paid |
| More than 28 calendar days | 0% | 100% |
| 15–28 calendar days | 25% | 75% |
| 8–14 calendar days | 50% | 50% |
| 7 calendar days or fewer | 100% | 0% |
The applicable cancellation charge will be calculated against the total agreed training fee. Where only part of the fee has been paid, that payment will be credited against the cancellation charge. Any remaining amount payable will be dealt with in accordance with the agreement and applicable law.
Third-party costs, travel costs or other expenses will be treated in accordance with the agreed booking terms and applicable law. They will not automatically be added to a cancellation charge without an appropriate basis.
Further details are set out in the Fees, Refund and Cancellation Policy.
6. Rescheduling and delegate substitutions
A client may request one free rescheduling of a booking if the request is received at least seven calendar days before the scheduled training date and an alternative date is mutually agreed.
Requests made with less notice, repeated rescheduling requests or requests that cause additional reasonable costs may be subject to charges disclosed and agreed where appropriate.
A client may normally substitute a delegate by notifying us at least 24 hours before the course, provided that the replacement learner meets any applicable prerequisites and the change can reasonably be accommodated.
A transfer or substitution is not confirmed until we have acknowledged it.
7. Client responsibilities
The client is responsible for:
- Providing accurate booking and learner information.
- Ensuring learners receive joining instructions and relevant course information.
- Ensuring learners meet applicable prerequisites.
- Providing a suitable training venue where the client is responsible for the venue.
- Ensuring the venue is reasonably safe, accessible and appropriate for the agreed training.
- Informing us of relevant access requirements in sufficient time to consider reasonable adjustments.
- Ensuring invoices are paid in accordance with the agreed terms.
- Cooperating with reasonable administrative and training arrangements.
Clients must not make unauthorised recordings, reproduce protected training materials or distribute course resources outside the permitted purpose without our written permission, subject to applicable law.
8. ELFH prerequisites and learner documentation
For relevant Oliver McGowan Mandatory Training, learners must complete the applicable official e-learning prerequisite through the NHS England e-Learning for Healthcare (ELFH) service.
Where required by our booking or training process, learners must upload their ELFH completion certificates to OMA.
OMA maintains a log of certificates received and stores the uploaded documents in accordance with its records-management and privacy arrangements. Access is restricted to authorised office personnel who need access for their duties.
ELFH is an external service. Learners are responsible for completing the applicable prerequisite and supplying the required documentation within the stated timeframe. If a required certificate is missing, unreadable or does not provide the necessary information, we may ask the learner to provide a replacement or clarification.
Any decision about whether a learner may attend or complete training without the required documentation will take account of applicable training requirements, contractual arrangements and legal obligations.
9. Attendance and participation
Learners are expected to arrive on time, participate appropriately and comply with reasonable trainer instructions and applicable safety requirements.
Late arrival may affect a learner’s ability to participate fully or meet course requirements. Where a learner arrives more than 15 minutes after the scheduled start, OMA may refuse entry where reasonably necessary for course integrity, safety or applicable training requirements. We will consider reasonable adjustments and relevant individual circumstances.
Non-attendance, late arrival or failure to meet course requirements does not normally entitle the client to a refund or reduction in fees, subject to the agreed terms and applicable law.
10. Cancellation or rescheduling by OMA
If OMA must cancel or reschedule a course, we will notify the client as soon as reasonably practicable.
Where a course is cancelled by us, we will offer an alternative date without an additional training fee. If no mutually acceptable alternative can be agreed, the client will receive a full refund of the training fees paid for the affected service.
Any separately agreed costs or other remedies will be dealt with in accordance with the booking agreement and applicable law.
We will not be responsible for costs that are not recoverable under the agreement or applicable law, but nothing in these Terms and Conditions excludes liability that cannot legally be excluded.
11. Travel and expenses
Unless otherwise stated in the quotation, the standard quoted delivery fee covers delivery within a 30-mile radius of our office location.
Travel beyond that radius may incur additional charges, which will be quoted and confirmed in writing before the booking is finalised.
Where applicable, client-facing travel charges may include mileage at 55p per mile where travel by car is practical, standard-class rail fares where rail is more practical, and reasonable accommodation or subsistence costs where an overnight stay is genuinely necessary.
The applicable quotation will specify the travel arrangements and any additional costs. Further details are set out in the Pricing and Expense Policy.
12. Training materials and intellectual property
Unless otherwise agreed in writing, training materials, course content, documents, presentations and other resources supplied by OMA remain subject to the relevant intellectual property rights.
Clients and learners may use materials supplied to them for the intended training and learning purpose, subject to any stated licence or restrictions.
Materials must not be reproduced, sold, published, distributed or adapted for commercial use without prior written permission, except where permitted by law.
Nothing in this clause restricts a learner’s statutory rights or any permitted use under applicable intellectual property law.
13. Confidentiality and data protection
Each party must take reasonable steps to protect confidential information received from the other party and use it only for appropriate purposes connected with the services, subject to legal obligations and permitted disclosures.
We process personal information in accordance with our Privacy Policy and applicable data protection law.
Learner information, including ELFH completion certificates, will be handled through our approved administrative processes. Access is limited to authorised personnel who need the information for their duties.
14. Force majeure and service disruption
Neither party will be treated as having breached the agreement to the extent that performance is prevented or materially delayed by circumstances beyond its reasonable control, provided that the affected party takes reasonable steps to reduce the impact and informs the other party as soon as practicable.
Where disruption affects a scheduled course, the parties will seek a reasonable alternative arrangement. Any cancellation, refund or rescheduling outcome will be handled in accordance with the booking agreement, applicable policy and law.
This clause does not remove any statutory rights or obligations that cannot legally be excluded.
15. Liability
Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.
Subject to that restriction and applicable law, each party is responsible for loss caused by its breach of contract, negligence or other actionable conduct.
Any limitation or exclusion of liability must be expressly stated in the relevant written agreement and must be reasonable and legally enforceable.
16. Non-solicitation
Where expressly agreed in writing, the client must not, during the engagement and for six months after it ends, knowingly solicit for employment or engagement any OMA trainer or personnel who were materially involved in delivering the services, except through a general recruitment process not specifically targeted at those individuals.
This clause does not prevent personnel from responding to general job advertisements or exercising any legal right. It applies only to the extent reasonable and enforceable under applicable law.
17. Complaints and concerns
Clients and learners should raise concerns as soon as reasonably practicable so that we have an opportunity to investigate and respond.
Complaints may be submitted using the contact details below. We will review complaints fairly and aim to respond within a reasonable timeframe.
18. Governing law
These Terms and Conditions and any dispute arising from them are governed by the laws of England and Wales, and the courts of England and Wales will have jurisdiction, subject to any mandatory legal provisions that apply.
19. Contact details
Oliver McGowan Academy
An operating division of MDG Health Consult Ltd
124 City Road, London, EC1V 2NX
Email: support@mdghealthconsult.co.uk
Telephone: 020 3488 1172
Website: https://olivermcgowanacademy.com/
Effective date: 11 October 2026
Next review date: 11 October 2027
Operating division: Oliver McGowan Academy (OMA)
Legal entity: MDG Health Consult Ltd
Company number: 13421370
Registered office: 124 City Road, London, EC1V 2NX
