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Section B | Accountability Report 66 SECTION B Accountability Report This section sets out our governance arrangements and the lines of accountability to ensure delivery of our objectives and duties. Section B | Accountability Report | Governance 67 Governance The last 12 months have been very challenging for Ofcom and our colleagues, but they have shown ofcom at its best in terms of who we are, what we do and how quickly we can get things done. Effective governance facilitates our providing sensible and supportive regulation, particularly in these challenging times Maggie Carver Governance Overview The next few pages detail how Ofcom approaches by the Interim Chair governance, including the operation of the Board and Board Committees. In March/April 2020, we On behalf of the Ofcom Board, I am pleased to organised an external evaluation to be carried out introduce the Corporate Governance Report for the of the Board and Board Committees’ effectiveness. period 1 April 2020 to 31 March 2021. Corporate The review found that Ofcom’s governance Governance continues to be a high priority in Ofcom arrangements continue to work well, although and goes beyond applying a set of prescribed as a Board we thought that more time could be rules and guidelines. It is vital to the way we spent on strategy and longer-term issues. We are are run and sets the tone for the organisation. working to change this through our Board agenda Over the past year, the challenges presented by planning and strategic work programmes. The top the pandemic have reinforced for the Board the priorities identified for the Board over the 12 month importance of our aim to make communications period following the review were online and digital; work for everyone. We have seen that high-quality, our people; longer term focus; transition to a new reliable communications services have been more Ofcom Board Chair; organisational structure; and important than ever to people’s lives. As efforts establishing greater credibility. A series of actions continue to overcome the pandemic, we will seek are happening across all of these areas and we will to provide sensible, supportive regulation – while continue to measure improvements and changes in holding communications providers to account and these areas year on year. More detail is provided in ensuring they serve their customers and audiences the Governance Report on pages 75 and 78. to the best possible standard. Looking forward, We have tried to be even more responsive in the we recognise that our communications sectors way we work with the communications providers are changing fast. For us to respond effectively to we regulate. We arranged for an independent this requires long-term focus, as well as speed and stakeholder review to enable us to judge our agility in our approach. The Board has also focused effectiveness as a regulator from the viewpoint of on protecting the health and wellbeing of our key external stakeholders. We have responded to colleagues, while at the same time maintaining the recommendations made in that review to improve operational integrity of Ofcom. our approach to regulation. Further information is set out in the Governance Report. Ofcom Annual Report and Accounts 2020/21 ofcom.org.uk Section B | Accountability Report | Governance 68 We also reviewed and enhanced our Corporate about the improvements to the Board that could be Governance Framework; we are always looking made. This is important, bearing in mind our new for ways to improve our practices so that we online duties. remain at the leading edge of governance best Dame Melanie Dawes joined us as Chief Executive practice and can anticipate new challenges in the in March 2020. She has made a tremendous communications sectors we regulate. The tone is start in this role, despite the difficulty of leading set from the top and, as a Board, we set strategic an organisation mainly based at home. She has direction and risk appetite, and provide oversight of brought new energy and perspective and, alongside the Executive’s day-to-day running of the business. the Senior Management Team, has ably led the As Ofcom’s Interim Chair, it is my job to make sure organisation through a period of significant change. that enough time is available at Board meetings for open and challenging discussions of significant 2020/21 was a significant and challenging year for issues and, in particular, on our strategic priorities. Ofcom and the Ofcom Board. Despite the impact Our corporate governance arrangements continue of the COVID-19 pandemic, I am pleased with the to be informed by the UK Corporate Governance progress we have made in delivering a number of Code (the “Code”) with respect to business and our key objectives, including: corporate practices, matters reserved to the Board, • July 2020 – the publication of best practice our Financial Authorities Framework and terms of guidance for telephone, broadband and pay TV reference for each of our Board Committees. While providers to ensure that vulnerable consumers Ofcom is not subject to the Code, we have looked to are treated fairly. see if any of the principles and provisions set out in the Code could inform our approach, as a matter of • August 2020 – confirmation of plans to proceed best practice. with the 700 MHz and 3.6-3.8 GHz Spectrum Auction in early 2021. Over the past year, we have strengthened the executive makeup of the Board with the • December 2020 – the publication of our review appointment of Lindsey Fussell, Group Director, of public service broadcasting (PSB) “Small Network & Communications. We also said farewell Screen : Big Debate” and launch of a consultation to Lord Terry Burns, Ofcom Board Chair, at the end on proposals for how PSB can stay relevant and of 2020. We are deeply grateful to Terry for all that reach everyone in the future. he did in developing Ofcom’s progressive approach • February 2021 – approved the One Ofcom and for his excellent leadership, both strategically transformation programme which will deliver and personally. The Government is recruiting a new Ofcom’s new vision and which will transform Chair. Tim Suter resigned from the Board in May and strengthen Ofcom in the years ahead, given 2021. As Head of Broadcasting Policy at DCMS, Tim the expansion of our role and the changes in the was responsible for the Communications Act 2003 markets we regulate. and the creation of Ofcom. He served as Ofcom’s Partner, Content and Standards until 2008. He • March 2021 – the publication of the final joined the Ofcom Board as a Non-Executive Director statement on the Wholesale Fixed Telecoms in 2017 and was appointed Chair of the Content Market Review 2021-2026, implementing our Board. Our sincere thanks are due to Tim for his strategy to facilitate the widespread deployment significant and valuable contribution to Ofcom. of fibre and the smooth transition from the We are continuing to work with colleagues in the legacy copper network. Northern Ireland Assembly and the Department Throughout the year, we have also supported for Digital, Culture, Media and Sport (DCMS) on the the communications sector in its preparedness appointment of a new Board Member for Northern for Brexit. Ireland. Each year, our People Committee reviews the structure, size and composition (including the skills, knowledge, experience and diversity) of our Maggie Carver Board, so that we can make recommendations Ofcom Board Interim Chair Section B | Accountability Report | Governance 69 Governance Statement Our Governance This Governance Report summarises Ofcom’s As a statutory corporation, Ofcom’s principal governance arrangements including the composition governance compliance requirements are governed of our Board, how our governance framework by the relevant legislation (including, the Ofcom Act operates in practice (including our governance (2002), the Communications Act (2003), the Postal structure and Board roles and responsibilities) and Services Act (2011), the Digital Economy Act (2010), our key areas of focus in 2020/21. It also sets out the Digital Economy Act (2017) and any other relevant how we keep our Board and Board Committees supplementary legislation or Orders thereto) which informed and updated and summarises the outcome determines matters such as the purposes of the of our last Board Effectiveness Review and also organisation and the appointment of our Members. our review of stakeholders’ opinions of our work. Ofcom is also subject to the Code of Conduct for 7 How we manage conflicts of interest and the main Board Members of Public Bodies. Our overall functions of our Board Committees and Statutory corporate governance approach is informed by the Boards are set out towards the end of the Report. 2018 UK Corporate Governance Code (“the UK Code”) and its related guidance8, subject to where certain principles are considered to be disproportionate or less relevant in Ofcom’s case and/or there are other requirements placed on Ofcom by statute How our approach is informed • Composition, Succession & Evaluation – by the 2018 UK corporate appointments to our Board follow a rigorous governance code and transparent procedure, with our Chair and Non-Executive Members being appointed Examples of how our approach has been informed by the Secretary of State for Digital, Culture, by certain principles of the UK Code include: Media and Sport (DCMS). As new Members are appointed to the Board, we will be actively • Board Leadership & Purpose – our Board has seeking to improve our Board’s diversity. Our a clear purpose, values and strategy and is People Committee seeks to ensure that we able to satisfy itself that these and its culture have effective succession plans in place and are aligned. Our Board, which is made up of a that we properly identify and manage our majority of Non-Executive Members, provides talent pipeline.

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