Guide for Board Members in the College Sector Your essential guide to being a board member a Contents Introduction 1 What are you responsible for? 2 Who are you accountable to? 3 What are your main duties? 5 How are you expected to behave? 7 Who is there to help you? 10 Introduction This short guide provides an overview of the key • Glasgow Colleges’ Regional Board (City things you need to know as a member of a college of Glasgow College, Clyde College, Kelvin sector board in Scotland. It describes the context College). This is the only part of Scotland of the role, its key duties and responsibilities and with a Regional Strategic Body which has it signposts you to other important information been set up as a separate organisation with that you should be aware of. only this role. Being a board member in the college sector in • New College Lanarkshire is the designated Scotland is a rewarding and fascinating role Regional College and Regional Strategic but it brings with it important obligations. This Body with South Lanarkshire College as the guide is designed to complement the Code of assigned college. The Regional Strategic Body Good Governance for Scotland’s Colleges and is known as the Lanarkshire Board. more detailed legal, financial, and good practice • University of the Highlands and Islands documents that exist by providing you with an which delegates its Regional Strategic Body overarching summary of the role and information functions to the UHI FE Regional Board on where to go when you need more specific (Inverness College, Lews Castle College, guidance. Moray College, North Highland College, On being appointed to a board you become part Orkney College, Perth College, Shetland of a national network of bodies responsible for College, West Highland College). delivering quality education across Scotland. In In addition, Sabhal Mòr Ostaig and Newbattle most parts of the country responsibility lies with a Abbey College are funded directly by the Scottish single Regional College: Funding Council and the University of the • Ayrshire Highlands and Islands works with a number of other specialist and research partner bodies. • Borders • Dundee & Angus While some of the detailed references in this • Dumfries & Galloway guide describe the situation for members of the boards of regional colleges rather than Regional • Edinburgh Strategic Bodies or other types of colleges, the vast • Fife majority of the requirements and expectations set • Forth Valley out in this handbook apply to all board members • North East Scotland in the college sector. In multi-college regions, accountability arrangements may differ because • West of the role of Regional Strategic Bodies. • West Lothian This guide has been produced by the national In three parts of Scotland there is a Regional Code of Good Governance Steering Group. It will Strategic Body with a number of colleges be reviewed periodically by the sector to ensure assigned to it: that it remains up to date. 1 What are you responsible for? Colleges play a crucial role in the delivery of As the employer of the college’s staff, the board education and training to young people and adults also has a duty of care to its employees, abiding of all ages in Scotland and are seen as a key means by its employment responsibilities and ensuring of improving the economic and social well-being that the college has the right number of staff with of its people. To provide this service colleges work the right skills to deliver the services you require. closely with local, regional and national bodies in If you are a member of the board of a regional both the public and private sectors. college you have a number of additional legal Colleges are primarily funded through annual responsibilities. These include ensuring your budgets awarded by the Scottish Funding Council college does its best to understand and improve (sometimes through a regional strategic body) but the economic and social well-being of your region many colleges also earn income from providing and that it works with others to ensure that the tailored training services to employers and from education on offer is coherent and meets the skills applying for grants from a variety of bodies. needed in your area. As a member of the college’s board you, and If you are a member of the board of an assigned your fellow board members, are responsible for college which is accountable to a Regional ensuring the quality of the education provided, Strategic Body, your board is responsible for and also that it is delivered in a way that offers making sure that its plans have regard to the value for money. The board is the governing body strategy developed by that body for your region. of the college and has a legal responsibility to Many colleges are also registered charities and if ‘manage and conduct’ the affairs of the college this applies to your college, as a member of its in such a way that its staff deliver the required board, you are also a trustee of the charity. That services. However, as a non-executive member brings with it a number of statutory responsibilities of the board (i.e. all board members except the including the duty to act in the interests of the Principal) you are not expected to be involved in charity, subject to other legislation of course, and the delivery of the services themselves – that is the to ensure the college always operates in a way job of the staff the board employs. which is consistent with its purpose. You must also ensure that your college has In addition to the diagram below, other examples a students’ association that is effective and of core legislation that affect colleges are Section properly run and that your college works in close 24 of the Further and Higher Education (Scotland) partnership with it, while respecting its autonomy. Act 1992 and Section 7(2) of the Further and The governance role of your board is therefore vital Higher Education (Scotland) Act 2005 which and you and your college are required to abide govern situations of board failure and decisions on by the Code of Good Governance for Scotland’s which bodies are funded by the SFC respectively. Colleges. Further and Higher Section 12 and Schedule 2 – College Standing Orders Education (Scotland) Act Constitution and Proceedings and Scheme of Delegation 1992 of Boards of Management Further and Higher Scottish Funding Council Financial Memorandum including adherence to Education (Scotland) Act puts conditions on money Scottish Public Finance 2005 given to colleges Manual Scottish Funding Council Post-16 Education (Scotland) requires compliance with Code of Good Governance Act 2013 principles of governance The diagram above illustrates some examples of how legislation that governs the sector is translated into the college documents that you will come across. 2 In summary, most bodies in the college sector http://www.sfc.ac.uk/ have been established by legislation and their key http://www.gov.scot/ - section on colleges responsibilities can be tracked back to various http://www.oscr.org.uk/charities/managing-your- Acts of Parliament. This is usually the basis on charity/trustee-duties which the Scottish Funding Council or Scottish http://www.legislation.gov.uk - Post 16 Government place requirements on the sector. Education (Scotland) Act 2013 Colleges must then turn these into day to day http://www.scottishcollegegovernance.ac.uk processes and procedures. http://www.scottishcollegegovernance.ac.uk - Code of Good Governance Detailed information on your responsibilities as a http://www.saframework.co.uk/ board member or charity trustee can be requested from your board secretary and more information UHI Governance Slides and Lanarkshire Order at: can be found on the following weblinks: http://www.collegedevelopmentnetwork.ac.uk/ sec-board/secretary-to-the-board-dev-net Who are you accountable to? As a member of a college board it is your Scottish Ministers responsibility to ensure that you employ staff They are the primary funders of the college who are able to deliver on the functions of your sector (via the Scottish Funding Council) and college but you, together with your fellow board they are accountable to the Scottish Parliament members, remain accountable for their delivery. for the delivery of education and training in In other words, the buck stops with you. Scotland. Scottish Ministers task the Scottish Funding Council with holding boards to account As an effective board member, you and your board for delivery of their policies and associated legal colleagues must ensure that you understand who requirements, including adherence to the Financial you are accountable to and take time to build Memorandum and the Scottish Public Finance and maintain relationships of respect and mutual Manual. In addition, Ministers appoint the chairs of understanding with them. In essence, you are regional college boards and regional boards. They in a position of trust, accountable for delivering also approve the appointment of other members a crucial service to those who are funding your of those boards (except prescribed members, e.g. college and who rely on it for education and principal, staff and student members) and issue training. guidance on the appointments’ process. Ministers Take time to build Key accountability relationships and maintain Scottish relationships of Ministers respect and mutual Scottish understanding. Students Funding Council On occasion you may find that the requirements of those you are accountable to differ and it is hard to balance them. That challenge of ensuring Board proper balance, taking account of legal and Employees Employers/ financial responsibilities, is at the core of the job Businesses of being a board member. Some of the key people or organisations that can Scottish hold you and your board to account are outlined Parliamentary Area in the diagram opposite.