Introduction to further education and college governance

Governance Development Seminar 17 October 2015

Steve Sawbridge, AoC Regional Director What we’ll be covering

An overview of the further education system and the place of colleges within it The roles of the principal organisations who fund and regulate colleges The business of college Governance and the responsibilities of college Governors The Code of Good Governance for English Colleges The characteristics of effective Governance What we’ll cover Pt1

Policy Funding Curriculum Quality

What are the key points? What are the implications for colleges? What are the implications for Governance?

What we’ll cover Pt2

The legal framework for Governance Effective Governance The English Colleges Code Being a member of an effective Governing Body

What are the key points? What are the implications for colleges? What are the implications for Governance?

Ice breaker

Introduce yourselves to each other How long have you been Governors? Why did you want to become a Governor? What do you hope to gain from being a Governor?

10 mins Which are the further education colleges?

Hills Road Sixth Form College

Fircroft College of Adult Education

University College

Elwes Hall Sports College

Telford College of Arts and Technology

Clare College, Cambridge

Queen Alexandra College Legal status

Colleges incorporated under the 1992 Further & Higher Education Act Charities with exempt status under the 2011Charities Act Regulated by the Secretary of State for Business Innovation and Skills (FE colleges) and the Secretary of State for Education (Sixth-Form colleges) Governors are trustees Instruments and Articles set out the basis for the governance of the college including: • Membership • Procedures • Conduct • Dissolution

What can colleges do?

Provide further and higher education Provide secondary education to those aged 14 years and above Participate in the provision of secondary education in a school Supply goods or services in connection with their provision of education Further Education Policy and Strategy New Challenges, New Chances (Dec 2011)

• Students at the heart of the FE and skills system • A ladder of opportunity of comprehensive vocational education and training • Strategic Governance for a dynamic FE sector • Freedoms and flexibilities • Funding priorities through a simplified funding system Rigour and Responsiveness in Skills (April 2013)

Raising standards • intervention and the FE Commissioner Apprenticeship reform Introduction of traineeships Further qualification reform • relevance, rigour and recognition Improving responsiveness • “putting direct purchasing power into the hands of users” • FE loans and employer ownership

Funding Who does what - funding?

Skills Funding Agency • Funds all eligible provision for post-19 learners • Contracts and funds the delivery of Apprenticeships across all ages • ‘Manages’ the performance of General Further Education Colleges Education Funding Agency • Funds education for learners from 16-18 and 16-25 for those with learning difficulties and disabilities • ‘Manages’ the performance of sixth form colleges HEFCE (Higher Education Funding Council for England) • Higher education courses at colleges either directly or indirectly through a ‘franchise’ agreement • Teaching grants and student loans Other sources of funding

High Needs Funding • for leaners with learning disabilities or difficulties 24+ Advanced Learning Loans • SFA provides a loan facility to colleges which enables students aged 24+ and studying a level 3 course or above to access a student loan European Funding • provides funding for colleges to deliver to specific priority groups International • teaching oversees student here or setting up delivery overseas 14-16 learners • colleges are able to recruit and be funded for teaching 14-16 year olds Full cost courses 16-18

Funding per learner - £4,000 (less for 19 year olds) Based on the notional costs of delivering a full study programme Some expected reduction in 2016/17 To note:

» Lagged funding

» Declining numbers of 16-18 year olds

» Competition from schools, and other post-16 providers

» GCSE maths and English become conditions of funding

Adult Skills and Apprenticeships

Squeeze on adult skills funding – 35% reduction over four years Shift to direct funding to employers and LEPs Extension of loans to 19+ ESOL demand and migration Continued focus on apprenticeships, traineeships and English and maths Higher apprenticeships and higher vocational skills will be a priority area

Financial Health

Assessed by the funding agencies for performance monitoring and risk management purposes Based on three indicators derived from the college’s financial plan and statement

» Solvency (current assets v. liabilities)

» Performance (operating surplus/deficit)

» Gearing (borrowing as a % of net assets) Each indicator is given a score with scores aggregated to give a financial health grade:

» Outstanding 240 - 300 points

» Good 180 - 230

» Satisfactory 120 - 170

» Inadequate 110 or below Discussion point

What questions might you ask about your college’s funding? Curriculum Levels

Study Programme / Advanced Apprenticeship

Study Programme / Intermediate Apprenticeship Study Programme Main categories of provision

Type of provision Description of provision 16 to 19 study Provision funded through the EFA 16 to 18 funding stream (except for traineeships and programmes apprenticeships).

Traineeships Traineeships funded as part of the 16 to 18 classroom-based funding stream or as part of the adult skills budget for learners up to the age of 24.

Apprenticeships Apprenticeships for learners aged 16 to 18 and those aged 19 and over, funded through the adult skills budget; and higher apprenticeships.

Adult learning programmes Provision funded through the adult skills budget, including employability training for learners aged 19 and over, referred for training by Jobcentre Plus. This also includes community learning provision, which is funded through the SFA community learning budget.

Provision for learners with Provision for learners for which providers receive high-needs funding in addition to 16 to 18 high needs EFA/SFA funding for study programmes and/or 16 to 18 apprenticeships. Learners up to the age of 24 may be eligible for this funding.

Full-time provision for 14- EFA-funded provision linked to full-time enrolled learners aged 14 to 16 only. to 16-year-olds Quality and Standards Key indicators

Ofsted grades

Success rates and value added

Minimum Standards

Satisfaction levels

Progression Ofsted and Inspection : the CIF

Inspects all publicly funded provision – the Common Inspection Framework for Further Education and Skills Assesses and grades a college’s Overall Effectiveness based on judgements (and grades) for: • effectiveness of leadership and management (including Governance) • quality of teaching, learning and assessment • personal development, behaviour and welfare • outcomes for learners Colleges and providers are graded as: • Outstanding • Good • Requires Improvement • Inadequate

Ofsted and Inspection : Frequency

Frequency of inspection depends on Ofsted’s risk assessment and / or current inspection grade • Requires improvement - within 12–18 months • Inadequate - within 6 months • Good – short inspections within 3 years *New* • Outstanding providers inspected after March 2007 are exempt unless performance drops

Short notice – two working days • Colleges generally notified by phone on the Thursday prior to inspection

Ofsted and Inspection : Other things to note

How long does the inspection last? The Self-Assessment Report The Nominee Learner Views website When is the report published? Complaints

Inspection and Governance

Inspectors will consider the effectiveness of Governance including how well Governors: • know the College and understand its strengths and weaknesses through appropriate involvement in self-assessment • support and strengthen College leadership and contribute to shaping its strategic direction • provide challenge and hold the senior leader and other senior managers to account for improving the quality of learning and the effectiveness of performance management systems • work efficiently, including through having a systematic approach to meeting statutory duties and approving and monitoring priorities that are focused on improving teaching, learning and assessment. Intervention and the FE Commissioner

Intervention is triggered by: • An Ofsted ‘inadequate’ inspection • Failure to meet minimum standards of performance • Failing financial health or control Results in referral to the FE Commissioner Consequences: • Recovery • ‘Administered College’ status with loss of freedoms and flexibilities • Restructuring or competition for new provision following a Structure and Prospects Appraisal • Replacement of some or all of the Governing Body • Dissolution Quality and standards

Improving national and regional picture on Ofsted inspection

But …

Increasing number of colleges in poor financial health

Referral to the FE Commissioner

Recovery can be in colleges’ own hands

Area Based Reviews Area Reviews /1

Announced in July 2015; Area Review guidance published 8 September 2015

Fewer, larger, more resilient and efficient colleges with greater specialisation

Primary focus is general further education and sixth form colleges

Planned series of reviews over 18 mths completed by March 2017

Area Reviews /2

Triggered by:

• a risk assessment by the Commissioner(s) or funding agencies

• a proactive local proposal (eg as part of a devolution deal)

Overseen by a local steering group

First six reviews announced including Birmingham and Solihull

Outcomes must be in the best interests of learners and employers to ensure the long term viability of provision in the area

Some basics – what should you know about your college?

The total number of students How many are full-time, part-time, apprentices How many are 16-18; how many adults Curriculum and Specialisations Ofsted grade and date of last inspection Income College Financial Health Trends in funding received from SFA and EFA

What else? Effective Governance It began in 1992

Further and Higher Education Act 1992 • Incorporation of Colleges April 1993 • Further Education Funding Council and FEFC Inspectorate Learning and Skills Act 2000 • Learning and Skills Council and Ofsted Apprenticeships, Skills, Children and Learning Act 2009 • Two separate agencies for funding for adult skills and young people Education Act 2011 • First significant legislative changes to colleges since 1992

Education Act 2011

The responsibilities of the governing body must include:

• the determination and periodic review of the educational character and mission of the institution and the oversight of its activities

• the effective and efficient use of resources, the solvency of the institution … and the safeguarding of their assets

The core business?

Learners are engaged in learning, training or study which is matched to: • their objectives • their learning needs Learners achieve their intended learning outcome which might be: • a qualification • progression to employment or further study • or both Learners express satisfaction with their experience Learners develop wider skills which support their personal development

Discussion point

What makes an effective Governor?

How do you do it

What do you do The Code of Good Governance (2014)

Mission and Strategy Collective accountability Policies and systems Exceptional teaching and learning Responsiveness to employers Financial strategy and funding plans Effective control and due diligence Equality and diversity Clear governance and management structures Regular review of governance arrangements Discussion point

Always a key issue:

What’s the difference between Governance and Management? Responsibilities

Chair Vice Chair Chair of Sub-Committee Principal Clerk Finance Director Other Governors Other members of the college Executive Discussion point

What are the respective responsibilities of the Governing Body and Principal/Executive Team for: • Educational character and mission • Strategic planning • Quality strategy • Resources, solvency and assets • Annual estimates of income and expenditure • Employment of senior post holders and clerk • Operational management and leadership • Pay and conditions of service of staff • Curriculum • Student discipline Summing Up

Three things you’ve gained from this morning’s session.

How will you use what you’ve learned? AoC Governance Library

https://www.aoc.co.uk/funding-and-corporate- services/governance/governance-resources