Ref Action Minutes of: CORPORATION Date: 8th December 2016 Time: 4:00pm Place: Board Room (L3.13) Present: Mr B Brathwaite Ms C Cahill Ms J Forbes (Vice Chair) Mr M Lynch (Chairman, after agenda item 16/27) Ms K McGrath Mr J Montgomery Mrs J Sims Ms J Wragg In attendance: Mr J Clugston (Vice Principal, Student Independence and Progression) Mr G Draper (Interim Principal) Ms R Herbert (Interim Vice Principal, Quality and Curriculum) Ms D Reynolds (Vice Principal, Finance and Resources) Mrs Y Doherty (Clerk to the Corporation) Ms T Kelly (FE Adviser, FE Commissioners Office) for agenda item Dr L Pursglove (EFA/SFA Intervention Team) The Vice Chair welcomed Ms McGrath and Mr Draper to their first meeting and introductions were made. 16/25 APOLOGIES Apologies for absence were received from Mr D Crossfield and Mrs K Evans. 16/26 DECLARATIONS OF INTEREST There were no declarations of interest 16/27 APPOINTMENT OF THE CHAIR Mr Lynch left the meeting. The Vice Chair confirmed that as previously reported, due to the commitment required Roger Cottam had stepped down as Chairman and a governor at the end of November 2016. It had been acknowledged that the role was best suited to a retired/semi-retired individual who was able to provide the commitment and support required by the College at this time. It had been suggested and agreed that Mike Lynch be approached to consider this role, not least in order to provide continuity in light of recent developments. Having considered the commitment and after speaking with the Interim Principal and an FE Commissioner Adviser Mr Lynch had agreed to the nomination for the role. The Vice Chair expressed her support for this approach, and invited comments. It was commented that Mr Lynch’s nomination and appointment was the best option for the Corporation and College, and would additionally provide an element of continuity. Confidence in Mr Lynch in the role of Chairman was also expressed and his nomination and appointment was supported. 1 Ref Action It was RESOLVED THAT Mr Lynch be appointed as Chairman of the Corporation for a four-year term of office with effect from 8th December 2016. Mr Lynch re-joined the meeting. Mr Lynch reported that he was honoured to have been appointed and thanked the members of the Corporation for their support. 16/28 FE COMMISSIONER RECOMMENDATION – STRUCTURE AND PROSPECTS APPRAISAL (SPA) Scope The Chair welcomed Teresa Kelly and Lorna Pursglove to the meeting and introductions were made. As previously reported one of the recommendations from the FE Commissioner intervention visit was that the College should commission a Structure and Prospects Appraisal. As a result, authorisation had been received for Teresa Kelly and Andrew Tyley from the FE Commissioner’s team to complete this process. Teresa Kelly confirmed that Lorna Pursglove had been invited to attend the meeting, as the FE Commissioner Advisers would work very closely with the EFA/SFA intervention team with regard to the SPA, most especially in relation to the possible options and choices. Teresa Kelly presented on the scope of the Structure and Prospects Appraisal (see the attached confidential presentation), this included points on: Delivery of long-term financial viability; That the College did not meet the financial indicators required to remain as a stand-alone institution in the long term; The FE Commissioner recommendations (particularly relating to safeguarding); Potential reduction in learner numbers; The two Advisers assigned to complete the SPA would look at finance and curriculum; The brief was to identify which option would best serve the needs of the learners; The fact that the SPA was not finance driven; The uniqueness of Hereward as a GFE and its size in comparison to mainstream and specialist providers; Expectation that options would be presented to the Corporation at the end of January/beginning of February 2017, and that Richard Atkins (FE Commissioner) would attend the meeting. It was noted that there was an emphasis on ensuring that the process focussed on working with the College. Members were asked if they thought anything was missing with regard to the options listed in the presentation. It was commented that the presentation appeared to cover the issues that had been considered by the Corporation over the last 6 months, and that the proposed approach (including working with the College) was encouraging. It was recognised that there was a need to act quickly and it was queried whether this could be a weakness. It was acknowledged that there was a need to identify the correct solution for the College and its current and future learners. It was advocated that co-ordination and communication between people and organisations would be critical to the process. The level of involvement of Andrew Tyley was queried. It was confirmed that he would be involved from the beginning of the process, but that his area of responsibility/expertise was primarily finance driven. 2 Ref Action It was noted and agreed that contributions to the process from the College would be co-ordinated via the Interim Principal. It was commented that the situation was daunting but that the presentation had offered a degree of comfort. It was acknowledged that in any intervention process there was always criticism of the Corporation, however, the intervention process was intended to be supportive and it was important that the Corporation be part of the solution. Ms Kelly and Dr Pursglove left the meeting. Before beginning the main business of the meeting Mr Lynch again thanked the members for their support in appointing him as Chairman and read a statement, acknowledging the current situation, the work required to address this and the need for commitment, engagement and collaborative working from the Corporation and senior college managers. The Corporation also recorded its sincere thanks to Roger Cottam for the considerable commitment and effort he had shown to the College over a substantial number of years. As previously agreed a social event to recognise Mr Cottam’s contribution to the College would be organised for the new year. 16/29 MINUTES FROM THE PREVIOUS MEETING The minutes of the meeting (circulated, document Dec 16/1) held on 10th November 2016 were considered. It was RESOLVED THAT the minutes of the meeting held on 10th November 2016 be approved. 16/30 MATTERS ARISING 16/19 Feedback from the FE Commissioner’s Visit It was noted that the Vice Principal Student Independence and Progression, as part of the role of Designated Safeguarding Lead (DSL), had been scheduled to meet with the DSL at Tower Hamlets College and an update was requested. It was reported that this meeting had been scheduled for Friday 2nd December 2016, but unfortunately due to the illness of the DSL at Tower Hamlets College the meeting had been with another member of staff. 16/20.1 Proposed changes to the safeguarding arrangements and responsibilities An update on the appointment of the Safeguarding Manager was requested. It was confirmed that the process had identified a suitable candidate and that the pre-employment checks were currently being finalised with a provisional start date of the beginning of January 2017. It was reported that the candidate had a background in the Police force and had fulfilled a similar role at a local academy. 16/20.1 Proposed changes to the safeguarding arrangements and responsibilities It was noted that the discussion had included the suggestion that in the short-term, rather than just reflecting on what was and should be reported to the Board that consideration be given to a Board member attending one of the internal safeguarding groups. It was questioned if this had been followed up and included in the Post Inspection Action Plan (PIAP). After discussion, it was agreed that the PIAP should be updated to indicate that the Vice Chair as the governor with safeguarding responsibilities would attend the College Safeguarding Quality and Assurance Group meetings. 3 Ref Action 16/20.3 Prevent Audit and Action Plan It was noted that that it was anticipated that this audit should be completed on an annual basis; however, it could be more frequent if it was thought appropriate. It was questioned whether this had been decided. It was suggested that this would very much be dependent on what actions had been identified. 16/09 Annual Complaints Report It was noted that at the October meeting of the Corporation it had been proposed and agreed, with a supporting recommendation from the Quality and Standards Committee, that reports to the Corporation on complaints should be reduced to an annual, rather than termly frequency. It was reported that having reflected further on this the Quality and Standards Committee now considered this recommendation to be incorrect, and it was recommended that in light of recent events the Corporation revert to a termly cycle of complaints reporting. It was agreed that as circumstances were now somewhat different to when the decision had been made that this recommendation be agreed. It was RESOLVED THAT the termly frequency the reporting of complaints received be reinstated. 16/31 STANDING AGENDA ITEMS 31.1 Interim Principal’s Report The Interim Principal provided a verbal update on work completed so far and that planned: Priorities: Preparation for the Ofsted Monitoring Visit (pre-Christmas) Structure and Prospects Appraisal (post-Christmas) Post Inspection Action Plan Meetings to date: FE Commissioner Adviser – Teresa Kelly EFA/SFA Intervention Team – Karen Riley, Dr Lorna Pursglove Audit Committee Quality and Standards Committee Joint Union Management Meeting (JUMM) AoC LLDD Delivery Group Meetings planned: Learners (week commencing 12th December) Coventry FE Principals and Local Authority (15th December) Barclays Bank (15th December) Directors of Education/Children’s Services: Coventry, Warwickshire and Solihull (TBC) C&W LEP (TBC) Activities: Met with College managers Staff Briefings (3 briefing meetings) Attended Student Christmas Fayre To Report: CQC Inspection report indicates an overall rating of Good, but Leadership and Management requires improvement Good External Verifiers reports Pearson – Quality Review - no actions 4 Ref Action It was RESOLVED THAT the Interim Principal’s update report be noted and received. 31.2 Safeguarding 31.2.1 Care Quality Commission (CQC). The Vice Principal Student Independence and Progression reported that the draft report had indicated an overall grade of ‘Good’, however, Leadership and Management ‘Requires Improvement’. As permitted, the College had challenged some aspects of the report as it considered the supporting evidence for the findings to be weak. The challenge had not succeeded in any change to the gradings but some of the wording had been improved. It was confirmed that the report read well, and it was considered useful evidence for parents, commissioners etc., and that it would be published on the CQC website. It was questioned whether the assessment of Leadership and Management was on the basis of the Ofsted findings or the independent assessment of CQC. It was advocated that CQC would not have been in a position not to take account of the Ofsted findings when reaching its conclusions. It was emphasised that the CQC assessment related to the residential provision. It was RESOLVED THAT the update on the Care Quality Commission inspection report be noted and received. 31.2.2 Safeguarding Update The Vice Principal Student Independence and Progression reported that the College had made four referrals this term to the Local Authority Designated Officer (LADO), which was considered unusual. It was confirmed that they had all been individual, separate issues that had now been closed out with no further action taken. A report was now being compiled for consideration by the SLT. In discussion it was suggested that although unusual, this position was a strength. Clarification that all instances had been appropriately documented, and any patterns/trends recorded was sought. It was reported that post the Ofsted inspection the Vice Principal Student Independence and Progression had met with the LADO and the processes for reporting and storage had been discussed, with the result being that one central file was now kept in a locked cabinet. It was RESOLVED THAT the update on the Safeguarding be noted and received. 31.3 Monthly Management Accounts (circulated, document Dec 16/2) The Vice Principal Finance and Resources presented the report on the College’s financial position against the budget for 2016/17. The revised budget agreed by the Board in October indicated a retained surplus of £87,000. The forecast outturn was currently for a retained surplus of £94,000 (£87,000 at month 2); however, this could be subject to significant change over the coming months with the impact of pension contributions and the appointment of the Interim Principal. There were also two significant issues currently only partially reflected in the forecast as further information was still required: The number of students who had withdrawn with financial implications. Analysis of this was being completed. The SFA allocation had been the subject of significant clawback in recent years, and this was anticipated again this year. Some allowance had been made, but further analysis was required which accounted for the impact of apprenticeships not being allowed to continue when the new apprenticeship levy system comes in in April 2017 (Inadequate graded colleges are not allowed 5 Ref Action to register and provide services). It also needed to take account of the slow start up of outreach provision. A summary of the position at the end of October was provided: Month 3 Income Expenditure Operating Surplus (Deficit) Revaluation adjustment Surplus/(Deficit) Budget £000 3,147 2,050 1097 Actual £000 2,251 1,864 387 Variance £000 (896) 186 (710) 0 1097 0 387 0 (710) Key Issues Financial health with the current set of results was “Good”; Invoices were being issued to LAs; there were a number of learners who were starting late and would not receive a full year of funding; Income was £896,000 less than in the budget with explanation provided (Local Authorities contract value and allocation of personal budgets); A target of £352,000 other income had been set for the year. £96,332 had been achieved at the end of October 2016 (£76,556 month 2); Salaries were underspent by £87,000 against budget (£56,000 month 2) with detail provided; The cash balance at the end of the period was £2.864 million (£3.011 million month 2) and was expected to rise to £3.185 million (£3.176 million month 2) by the end of the year; As previously, reported work on the capital programme had yet to commence, but planning discussions were in progress. Key risks facing the College in 2016/17 remained DSA Assessments and earning the SFA income, but a new risk for consideration was the impact of West Midlands Pension Fund 2016 actuarial valuation with detail provided: Initial findings indicated that pension contributions of an additional £350,000 would be required rising to £400,000 by 2020/21 and the next valuation. The most significant reason for this increase was FE Colleges now being categorised as “High Risk”, due to the introduction of the Insolvency Regime by the Government. Without this categorisation the College would be “Medium Risk” and additional contributions of £150,000 would be required; The impact of additional pension contributions in 2016/17 (payable from April) was £117,000; DSA assessments income had presented some challenges in recent years. As previously reported in 2015/16 a new outreach centre was opened which had gone well, and consideration was being given to opening a further centre in Birmingham. Last year saw a significant improvement in income with the centre returning a surplus of £90,000. However, it remained a volatile area with continuing uncertainty about the future in the DSA sector. After three months DSA income was £16,190 below target (£2,750 month 2) The SFA allocation for 2016/17 is £304,880 for Adult Education and £67,710 is for adult apprenticeships. This remained an area of significant risk, with the College having been subject to clawback for the previous 2 years. The current position indicated a potential clawback of £142,010. It was concluded that overall the College was currently forecasting a surplus in line with budget. However, there are a number of issues that could reduce this position significantly that had not been fully reflected in the figures. Month 4 would therefore be significant in terms of the financial forecast, and it should be anticipated that the College would move into a deficit position. 6 Ref Action The position with regard to current apprentices was questioned. It was reported that this was a small number and that exit plans would be developed. It was confirmed that the College could continue to offer the distance learning and work based learning provision. The implication for staff was queried. It was recognised that whilst the assessors were self-employed there would be a potential need to consider the position of any permanent staff. It was questioned whether the reported delayed payment from the local authority was still the current position. It was confirmed that a part payment had been made but that the final amount was still to be agreed, and it was unclear as to whether this would be resolved prior to Christmas. It was RESOLVED THAT the Month 3 Management Accounts 2016/17 be noted and received. Vouchers The Vice Principal Finance and Resources reported that it was proposed that the College purchase gift vouchers to give to the staff as a ‘thank you’. It was confirmed that a pay award had last been given in 2012 and that the College had bought gift vouchers on a previous occasion since then. The purpose and cost was questioned. It was stated that the cost was approximately £4,000 and it was intended, in the absence of a pay award, to be a ‘thank you’ to staff in recognition of their contribution and commitment. It was queried whether the staff felt unsettled and if such a gesture would be questioned in the current climate. It was reported that this was not considered to be the case. It was suggested that, if approved, the vouchers be accompanied by a joint message from the Corporation and SLT. It was emphasised that as this was a use of public money the Corporation should indicate its support of such action. In discussion, it was advocated that it was considered a gesture that should be made, and that a joint message from the Corporation and SLT should be included when the vouchers were distributed to staff. Events for learners leading up to Christmas was raised. It was confirmed that Christmas lunch was planned for two days during the week commencing 12th December 2016, but that learners would be required to pay for it (as in previous years). It was also not possible for the senior staff to be involved as in previous years due to the logistics required to serve lunch from Café Mojo. It was RESOLVED THAT i. the purchase of gift vouchers for staff be approved; ii. the gift vouchers be accompanied by a joint message from the Corporation and SLT. 7 Ref 16/32 Action QUALITY AND STANDARDS COMMITTEE 32.1 Report from the Quality and Standards Committee – 28th November 2016 The Chairman of the Committee reported on the business considered at the meeting (circulated, document Dec 16/3). This included the Ofsted Inspection Report, Annual Learner Leadership Report 2015/16, the Learner Leadership Strategy 2016- 18, the Self-Assessment Report (SAR) 2015/16, the Quality Improvement Plan (QIP) 2015/16, the Post Inspection Action Plan 2016/17, the Equality Diversity and Inclusion Objectives 2015/16 – 2017/18, the Equalities Data Reporting 2015/16 and Quality and Curriculum Data Dashboard. It was confirmed that the majority of these were part of the agenda for the Corporation meeting, with all being recommended for approval (see later minutes). It was reported that in considering the draft Learner Leadership Strategy the Committee had suggested that consideration be given to whether there was sufficient reference to safeguarding and Prevent, especially in light of the Ofsted Inspection report. It was agreed that this needed to be considered in greater detail and developed as appropriate. As such, it had not been possible to present the strategy for approval at the Corporation meeting, and that this should be presented at the meeting of the Corporation in January 2017. The Committee had also considered the current performance against the Quality and Curriculum Data Dashboard 2016/17. It was noted that the data evidenced the issues relating to Hereward Training, with apprenticeship numbers being very low. It was further emphasised that it was very early in the year for reporting and the data for Hereward Training related to ‘rolling programmes’ (not academic years). It was RESOLVED THAT the update report and recommendations from the Quality and Standards Committee meeting – 29th November 2016 be noted and received. 32.2 Equality Diversity and Inclusion Objectives 2015/16 – 2017/18 The Vice Principal Quality and Curriculum presented a report on the College’s Equality Diversity and Inclusion (EDI) Objectives 2015/16 – 2017/18 (circulated, document Dec 16/4). The report detailed progress against the actions and developments in place to meet the EDI Objectives. It was proposed that having achieved the actions in relation to Quality Marks and the Employability Strategy that these be closed out, with the remaining Objectives to remain in place for 2017/18. In considering the report, it was noted that an action under Objective 2 relating to staff understanding and skills to support learners provided a completion/review date of June 2017, however the Self- Assessment Report (SAR) and Post Inspection Action Plan (PIAP) indicated that there was an urgent requirement for specialist training, and in fact an action and date of January 2017 was stipulated in the PIAP. It was explained that the process of updating the Equality Diversity and Inclusion (EDI) Objectives document allowed for incremental progress to be reported, and that the date stipulated was intended to be the completion date. 8 Ref Action It was RESOLVED THAT i. the progress report against the Equality Diversity and Inclusion (EDI) Objectives 2015/16 – 2017/18 be noted and received; ii. the continuation of the Equality Diversity and Inclusion (EDI) Objectives 2015/16 – 2017/18 be approved. 32.3 Equalities Data 2015/16 for publication The Vice Principal Quality and Curriculum presented the Equalities Data 2015/16 for publication (circulated, document Dec 16/5). This data is required to be published by 31st January 2017. The data in the report reflected that included in the SAR 2015/16. The data included the diversity profile of learners and staff and the success rates of learner groups. The Quality and Standards Committee had discussed in detail a number of points, including the need to ensure the accuracy of the data and cross referencing, and the document had been amended as necessary. It was noted that the data evidenced an increase in the number of learners with a diagnosis of autism/Aspergers and that there was further work required in relation to the changing nature of the learner cohort. It was commented that the data also evidenced the very different profiles of the College learners in comparison with Hereward Training learners. It was acknowledged that the data demonstrated that the College served learners with a wide range of disabilities and that in relation to the ability of the College to continue with this there was a need to consider wider issues with regard to staff and training. It was emphasised that the report highlighted the primary disability of learners and that there would be some individuals with very complex needs. It was RESOLVED THAT the Equalities Data 2015/16 be approved for publication. 16/33 SELF-ASSESSMENT REPORT 2015/16, QUALITY IMPROVEMENT PLAN 2015/16, POST INSPECTION ACTION PLAN 2016/17 and the FINAL DATA DASHBOARD 2015/16 33.1 Self-Assessment Report (SAR) 2015/16 The Vice Principal Quality and Curriculum presented the Self – Assessment Report (SAR) 2015/16, (circulated, document Dec 16/6). It was reported that prior to the Ofsted inspection the self-assessment process had progressed well and had been on target to be completed within the prescribed timescales. However, the inspection in early October halted the progress of the report. It had been clear that the self-assessment process had not identified key areas for improvement that had been recognised by the team of inspectors. Consequently, the work that had been done required revision in light of the Ofsted judgements. In addition, the FE Commissioner had required sight of the draft self-assessment report prior to the visit in early November. The report was redrafted over October half term, taking into consideration the provisional Ofsted report and the post inspection action plan. Further work had consolidated these initial judgements into the draft report. 9 Ref Action The Quality and Standards Committee had discussed the content of the report in detail and had identified the need to ensure consistency between the positive and negative aspects of the report using the College self-assessment and the Ofsted reports. It was confirmed that the Committee had recognised that the report had been compiled in exceptional circumstances and so there was a need to ensure that the identified strengths and weaknesses were not contradictory. The Committee had acknowledged the substantial Areas for Improvement but had not wanted to ignore or downplay identified strengths. However, it was further accepted that the significance of the Areas for Improvement against the strengths had still delivered the overall judgement of Inadequate. The identified strength in relation to the curriculum (page 18) was raised and queried in light of the findings from the Ofsted inspection. It was confirmed that this related to the curriculum that was currently in place and that the comments/findings from Ofsted related to omissions (catering and hospitality) and the need for greater individualisation. This had been identified as part of the College self – assessment process. It was RESOLVED THAT the Self-Assessment Report 2015/16 be approved. 33.2 Quality Improvement Plan (QIP) 2015/16 The Vice Principal Quality and Curriculum reported on performance against the Quality Improvement Plan (QIP) 2015/16 (circulated, document Dec 16/7) The QIP comprised 10 ‘Areas for Improvement’ and 35 separate ‘Outcomes’. All ‘Outcomes’ were RAG rated. 15 were rated green, having been achieved; 1 was rated amber; 19 were rated red, having not been achieved. Of those 19 rated red, 13 were carried over into the Post Inspection Action Plan (PIAP), including those pertaining to learner progression, target setting, the effectiveness of ILS staff, Prevent, apprenticeship and functional skills achievement rates. Those that were being carried over to the PIAP or monitored separately were clearly identified. Those rated red that were not included in the PIAP include the staff diversity profile and staff acquisition of level 2 qualifications in maths and English, all of which would be closely monitored through the Health Check process. In discussion a level of frustration was expressed where the parameters of an area for improvement were too limited, e.g. learners securing paid employment on progressing from the College. It was advocated that this did not recognise that this would not be possible for some learners and did not recognise other avenues of progression such as moving into a volunteering role. This was accepted and it was recognised that there was a need to improve the sophistication of data capture and analysis. It was RESOLVED THAT the update on performance against the Quality Improvement Plan (QIP) 2015/16 be noted and received. 10 Ref Action 33.3 Post Inspection Action Plan (PIAP) 2016/17 The Vice Principal Quality and Curriculum tabled an update to the previously distributed Post Inspection Action Plan (PIAP) 2016/17 (circulated, document Dec 16/8) and a covering report. The PIAP itemised the detailed activities, outcomes and impact on learners. All actions had review dates and would be monitored and evaluated. It also included the actions relating to the recommendations from the FE Commissioner intervention process. The PIAP was very much a working document that was shared with staff and managers and reviewed and refreshed on a weekly basis. The means by which achievement of the statements would be quantified was questioned. It was reported that surveys, internal quality reviews and ‘learner voice’ processes would be utilised. Clarification of the RAG ratings was sought. It was confirmed that: Green indicated on target/complete; Amber indicated the action was in progress; and Red indicated that the completion date had been missed. It was questioned if the suggested attendance of a Governor at internal safeguarding meetings had been explicitly identified. It was reported that this was not the case, but aspects of Governor involvement had been included in actions 7 and 8. It was agreed that this should be updated to indicate the attendance of the Vice Chair as Governor with safeguarding responsibilities. The Interim Principal expressed the opinion that the revised document provided a ‘belt and braces’ approach to delivering the improvements required by Ofsted and the FE Commissioner and recognised the work of the SLT in developing this. It was also suggested that it would provide evidence to Ofsted of developments in the ability to be self-critical. ‘Ownership’ of the PIAP was questioned. It was reported that the responsibility lay with the Vice Principal Quality and Curriculum, who would be working closely with the other members of the SLT and college managers. It was advocated that the focus of the PIAP was very much safeguarding, and that there was a need to ensure that there was sufficient focus on the issues relating to teaching and learning, such as planned staff development and CPD and the identification and sharing of good practice. It was noted that the Corporation received information in relation to training and development via other reports (HR metrics/Data Dashboard) and that the Quality and Standards Committee received reports relating to teaching, learning and assessment. The process for reporting progress to the Corporation was discussed. It was reported that the Quality and Standards Committee had determined that a progress report should be presented to every meeting, and at the minimum, the PIAP should be presented to the Corporation on a termly basis. In discussion, it was suggested that a progress report should be presented to each meeting of the Corporation, but that this should identify where there were issues with completion of actions/meeting deadlines. 11 Ref Action It would be critical for members to consider this report and provide feedback. The full PIAP could then be presented on a termly basis. The Interim Principal reported that moving forward, key College data would be collated in an appropriate format for analysis by the SLT and Corporation so as to identify trends, themes and common threads. Detail of a planned alignment of College documentation and the quality cycle process was also provided. It was proposed that a College Management Plan (CMP) be developed that would comprise all elements of College business and following the strategic plan of the College. It was intended that the CMP would capture all developments, improvement plans and activities to ensure that they were aligned and prioritised accordingly. The CMP would provide direction, establish priorities and detail departmental objectives. The departmental objectives would form the basis for individual objectives enabling staff to identify how their personal objectives aligned with and contributed to the strategic direction and continuous improvement of the College. Monitoring of department objectives was queried It was confirmed that this was expected to be via the internal quality review processes. Support for the concept of rationalising the number of ‘improvement plans’ was expressed; however, there was concern that the development of one document should not make it too cumbersome. It was asserted that this would be addressed via the process of prioritisation and the allocation of resources as necessary. There was also a need to ensure that it aligned with the appraisal processes. The timescale for the development of the CMP was questioned. It was confirmed that this was envisioned to be by September 2017, which would allow for this to be developed whilst existing work continued. It was RESOLVED THAT i. the update on the Post Inspection Action Plan 2016/17 be received and noted; ii. the Corporation receive update reports at each meeting detailing issues with completion of actions/meeting deadlines; iii. the complete Post Inspection Action Plan 2016/17 be presented to the Corporation on a termly basis. 33.4 Final Performance against the Data Dashboard 2015/16 The Corporation considered the final report detailing performance against the Data Dashboard 2015/16 (circulated, document Dec 16/9) It was noted that although the target of 90% of learners who assessed learning, teaching and assessment as good or better had not been achieved, the LOOP learner survey had indicated that 80% of learners considered learning, teaching and assessment to be good, and the College had received an award for this. The substantial number of red RAG ratings against the performance indicators for Hereward Training was also noted. It was RESOLVED THAT the update on performance against the Data Dashboard 2015/16 be noted and received. 12 Ref 16/34 Action SAFEGUARDING and PREVENT 34.1 Annual Safeguarding Report 2015/16 The Vice Principal Student Independence and Progression presented the Annual Safeguarding Report 2015/16 (circulated, document Dec 16/10). The report provided detail on the number of safeguarding referrals made in 2015/16 with comparative data for 2014/15. A breakdown of the type of referrals was included, with specific data with regard to peer on peer incidents and the outcomes for all referrals. The report provided information on the training provided to staff, as well as audit and inspections completed. This included CQC, Local Children’s Safeguarding Board (LCSB), and Education Officer compliance visits. It was acknowledged that the Ofsted inspection had given a very clear steer in terms of the improvements and actions that need to be taken in the 2016/17 academic year. Numbers of external referrals had increased considerably during the 2015/16 academic year and new referral systems now in place would enable more detailed reporting that would allow for the monitoring of data and trends in the future. It was recognised that historically reporting had only related to external issues and that there was now a need for more detail to be provided. It was confirmed that the increased number of referrals related to different types of incidents. It was reported that there were improved external relationships and a greater understanding of requirements. There was discussion of the difficulties that had been experienced and that it was considered preferable to err on the side of caution and over report than not to report at all. The inclusion of the data in relation to peer on peer incidents was considered to be useful. It was acknowledged that there was a need for the Corporation to determine the reporting requirements, and it was agreed that as safeguarding was a high profile topic there should be more reported. It was suggested that termly reports be presented that provided appropriate data and analysis that would provide assurance and/or facilitate question and challenge as necessary. It was anticipated that this would include increased numbers, identified trends, and feedback on the College response to reported incidents. It was RESOLVED THAT i. the Annual Safeguarding Report 2015/16 be received and noted; ii. termly safeguarding reports be presented to the Corporation 34.2 Safeguarding and Child Protection Policy The Vice Principal Student Independence and Progression presented the Safeguarding and Child Protection Policy (circulated). It was reported that following the recent Ofsted inspection, which found the College to be non – compliant in relation to its Safeguarding Policy, a full review of this policy and procedure had been undertaken. This had involved a significant amount of consultation with Coventry Local Authority, specifically, the Education Compliance Officer (who had also taken advice from the Department for Education) and the Safeguarding Adults Lead. 13 Ref Action The conclusion from this process was that the College would be better served having a separate Child Protection and Adult Protection Policy; hence the two policies being presented for approval. The main purpose of separating these policies was to create a more streamlined and clearer set of guidelines for staff to follow, which clearly set out the different external referral processes and relevant legislation for children and adults respectively. Both policies had undergone a significant amount of change compared to the previous version. These drafts were still with the Local Authority contacts for final approval, which had not been received in time for the meeting. 34.3 Safeguarding and Adult Protection Policy The Vice Principal Student Independence and Progression presented the Safeguarding and Adult Protection Policy (circulated). It was confirmed that the status of this policy was as reported for the Safeguarding and Child Protection policy. The Chair reported that he had spoken to the Vice Principal Student Independence and Progression with regard to these policies as there appeared to be no substantial difference between them. It was acknowledged that other similar colleges only had one policy but there was some concern at not complying with the advice of the LA to have two separate policies. Some concern was expressed with regard to the policies, which although not fundamental, did give rise to issues as to who would be responsible and accountable for ensuring that the polices were always legislatively compliant. A number of specific issues had been identified and there was discussion of examples, such as: follow up of referrals to social care; ensuring awareness of and communication about safeguarding staff; the need for a Governor with responsibility for Looked After Children; the need to ensure knowledge and understanding of the policies from newly appointed staff as part of the induction process Ms Cahill volunteered to fulfil the role of Governor with responsibility for Looked After Children. It was recognised that there was a need to have approved policies in place as soon as possible so it was suggested and agreed that the Vice Chair and Ms Cahill liaise with the Vice Principal Student Independence and Progression after the meeting to provide the detailed feedback they had raised. These amendments would then be incorporated into the policies. The Clerk would then issue the policies electronically on Friday 9th December for any further feedback by 9:00 am on Monday 12th December. If no further amendments were identified the polices would be considered approved. It was agreed that further investigation into the development of a single policy be completed after the Christmas break with a view to revising the format to present a single policy for approval. 14 Ref Action It was RESOLVED THAT i. the Vice Principal Student Independence and Progression liaise with the Vice Chair and Ms Cahill to action their identified amendments; ii. subject to the implementation of the amendments the Clerk would issue the policies electronically on Friday 9th December for any further feedback by 9:00 am on Monday 12th December; iii. if no further amendments were identified the polices would be considered to be approved. 34.4 Prevent Strategy The Vice Principal Student Independence and Progression presented the Prevent Strategy (circulated). It was reported that the strategy had been revised to reflect the requirements in relation to the Chanel Panel and new referral forms, which needed to be used to refer identified concerns to the West Midlands Counter Terrorism Unit. A list of amendments was provided for ease of reference. In considering the Prevent Strategy, a number of typing errors were identified. It was also noted that the strategy did not make reference to British Values, and that this needed to be included. It was RESOLVED THAT subject to the identified amendments the Prevent Strategy be approved. 16/35 LEARNER LEADERSHIP REPORT 2015/16 The Vice Principal Student Independence and Progression presented the Learner Leadership Report 2015/16 (circulated, document Dec 16/12). It was confirmed that the report had been considered by the Quality and Standards Committee. Highlights included: The Peer Support Team (PST) continued to provide an outstanding example of how learners can play a significant part in College life; There had been a significant increase in the number of opportunities learners had to contribute towards national and local debates around disability issues; The positive impact of the employment of the Learner Leadership Co-ordinator which included greater focus and structure to learner leadership; Two university led research projects had led to the redevelopment of the Refectory as a social area and the creation of a LBGT group; Learners have had more opportunities to undertake training and development for the roles they are fulfilling. The report also included details of activities involving or relating to, the Students’ Union, Course reps, Student Executive, the LOOP review, external activities and the developments and priorities for 2016/17. The report also included the agreed recommendations resulting from the LOOP learner survey. The opportunity for a positive press story from the LOOP award was queried. It was agreed that this would be considered when the award was received in College. It was RESOLVED THAT the Learner Leadership Report 2015/16 be received and noted. 15 Ref 16/36 Action AUDIT COMMITTEE 36.1 Appointment of the Audit Committee Chair It was noted that due to the resignation of Mr Foster in March 2016, Ms Forbes had acted as the Chair of the Audit Committee at the meetings held in May and November. The Corporation was requested to formally approve the appointment of Ms Forbes as the Chair of the Audit Committee. It was RESOLVED THAT the appointment of Ms Forbes as the Chair of the Audit Committee be approved. . 36.2 Report from the Audit Committee – 28th November 2016 The Chair of the Audit Committee reported on the meeting held on 28th November 2016 (circulated, document Dec 16/13) The Committee had considered: Internal Audit Service Review: Safeguarding, Well Being and the Prevent Duty; Internal Audit Plan 2016/17; Internal Audit Service Annual Report 2015/16; Financial Statements for year ended 31st July 2016 (see minute 16/38.1) - the Corporation was recommended to approve the Financial Statements for year ended 31st July 2016; Students’ Union Accounts 2015/16; Risk Management Annual Report 2015/16 (see minute 15/37.1); Strategic Risk Register - the Corporation was recommended to approve (see minute 16/37.2); Risk Management Policy – the Corporation was recommended to approve the policy Other audits; The Committee Terms of Reference (see minute 16/36.3). As there were no amendments the Corporation was recommended to approve the Terms of Reference Audit Committee Annual Report 2015/16 (see minute 16/36.4) It was reported that the Internal Audit Service (IAS) Review of Safeguarding, Well Being and the Prevent Duty had been somewhat at variance with the findings of the Ofsted inspection findings, and as a result it had been agreed that the review would not be ‘closed out’ and that the IAS would return to look at it again later in the academic year. It was confirmed that the IAS had reviewed other Ofsted inspection reports to identify where issues had been found, so as to inform their approach to the review, and that the IAS had been surprised by the inspection findings. It was queried whether the purpose of the IAS review had been to check that the College safeguarding processes were strong enough. It was responded that although there had been some overlap between the scope of the review and what Ofsted had looked at, it appeared that the review and inspection had been considering different things. It was suggested that this position demonstrated the differences between audit and inspection. It was also noted that issues in relation to Prevent had been identified twice by the IAS and that any such future instances would require emphasised reporting. 16 Ref Action The Committee had also considered the IAS Annual Plan 2016/17 and possible amendments as a result of the Ofsted inspection, Area Review process and FE Commissioner intervention. It was suggested and agreed that the review of governance that was scheduled for the beginning of December be postponed, and the scope reviewed. It was also agreed that there be further discussions with management and the Committee with regard to the remaining planned audits in order to ensure that the plan met with the requirements of the College for 2016/17. It was RESOLVED THAT i. the report from the Audit Committee meeting on 28th November 2016 be noted and received; ii. the postponement of the review of governance be approved; iii. the intended further consideration of the IAS Annual Plan 2016/17 by management and the Committee be noted. 36.3 Audit Committee Terms of Reference It was reported that the members of the Committee had assessed compliance against the Committee Terms of Reference. It was concluded that the Terms of Reference had been complied with and no revisions were proposed. The Committee presented the Terms of Reference for approval. It was RESOLVED THAT the Audit Committee Terms of Reference 2016/17 be approved. 36.4 Audit Committee Annual Report 2015/16 It was reported that members had considered the contents of the Audit Committee Annual Report to the Corporation, including the reports provided by the internal and external audit service. The main points of the report were: The Committee’s opinion was that the College had adequate and effective audit arrangements and processes with regard to governance, risk management and control and for achieving economy, efficiency and effectiveness, the solvency of the institution and safeguarding of its assets. The Internal Audit Service had confirmed that no significant issues were identified which required consideration for disclosure in the Financial Statements under the Corporation’s ‘Corporate Governance and Statement of Internal Control’. The Financial Statements Auditors had provided an unqualified opinion. Regularity Audit – the auditors concluded there were no issues of concern arising from the audit Detail was provided on the findings of the internal audit reviews, other relevant reviews (including the Ofsted inspection), risk management, the Internal Audit Service Opinion 2015/16, the financial statements and the regularity audit. It was RESOLVED THAT the Audit Committee Annual Report 2015/16 be accepted. 17 Ref 16/37 Action RISK MANAGEMENT 37.1 Annual Risk Management Report 2015/16 The Vice Principal Finance and Resources presented the Annual Risk Management Report 2015/16 (circulated, document Dec 16/15). It was reported that this report had been considered in detail by the Audit Committee. The report provided detail on the work completed in 2015/16 and provided an analysis of the categorisation of risk for 2015/16 and comparison with 2014/15. The report provided detail on the actions taken within the year, referenced strategic risks to performance against the agreed KPIs from the data dashboard as appropriate, and detailed any additional actions required. It was RESOLVED THAT the Annual Risk Management Report 2015/16 be noted and received. 37.2 Strategic Risk Register 2016/17 The Vice Principal Finance and Resources presented the revised Strategic Risk Register 2016/17 (circulated, document Dec 16/16). It was confirmed that the Strategic Risk Register had been updated for 2016/17, with amendments highlighted for ease of reference, and it reflected the current position especially with regard to the Ofsted inspection and FE Commissioner intervention. The impact of the revisions was as to be expected with an increase in the number of significant risks from 5 in 2015/16 to 9 in 2016/17, and a reduction in the number of contingent risks from 11 in 2015/16 to 9 in 2016/17. It was RESOLVED THAT the Strategic Risk Register 2016/17 be approved. 37.3 Risk Management Policy The Vice Principal Finance and Resources presented the Risk Management Policy (circulated, document Dec 16/17), and confirmed that there were no amendments to the policy. It was RESOLVED THAT the Risk Management Policy be approved 16/38 ANNUAL ACCOUNTS 2015/16 38.1 Financial Statements 2015/16 The Vice Principal Finance and Resources presented the Financial Statements 2015/16, Audit Findings Report and Letters of Representation (circulated, document Dec 16/18). Key features of the Annual Accounts included: The College made a retained surplus of £29,000 which was reported to the Board in October; After the impact of FRS 102 and the treatment of pension liabilities this became a deficit of £389,000; FRS 102 introduced a new structure to the accounts with the Income and Expenditure Account being replaced by the Statement of Comprehensive Income; The Total Comprehensive Income for the Year, which took account of the actuarial loss in respect of defined benefit pension schemes, was £4,390,000; Total net assets were (£3,669,000) which were impacted by the Local Government Pension Scheme being treated as a long term creditor; The financial health of the College under the SFA reporting system remained ‘Good’; The College is compliant with the three covenants relating to the loan (repayments 2010 – 2035); 18 Ref Action Going Concern: the key consideration was whether there were cash flow forecasts and monthly budgets, which supported the operation of the College for at least 12 months from the date of approval of the financial statements. The financial plan, which included cash flow statements, was submitted to the SFA in July, and the budget approved by the Board in October covered the period until July 2017. Cash reserves remained high and sufficient to meet liabilities over the next 12 months. It was therefore considered that the College continued to be a ‘Going Concern’. The only outstanding issue related to the SFA not having issued the reconciliation statements for 2015/16, and as such, the accounts could not be signed off until this was received. However, it was not anticipated that there would be any amendments to the accounts. It was reported that the auditors had been very complimentary about the accounts, with the Vice Principal Finance and Resources acknowledging the high standard of work in the accounts and confirming that credit should be given to the Finance Manager, Ms Taylor-Farren. It was noted that the Audit Findings report from the auditors stated that they would ‘review the current position following the recent Ofsted judgement as part of our post balance sheet events to reconfirm our assessment prior to the approval of the financial statements’, and this was queried. It was confirmed that this had been completed with no issues. It was RESOLVED THAT i. subject to receipt of the SFA reconciliation statement and there being no amendments to the accounts, the Financial Statements and Letters of Representation for 2015/16 be approved and signed; ii. the Corporation formally record its thanks and appreciation to Ms Taylor-Farren for the quality of her work. 38.2 Students’ Union Accounts 2015/16 The Vice Principal Finance and Resources presented the Students’ Union Accounts and Annual Report 2015/16 (circulated, document Dec 16/19) It was noted that the accounts reported a break-even position. It was reported that the Students’ Union had worked hard in 2015/16, with a much-improved organisational lead from the President. The Student Governor confirmed that there were an increased number of events that were well organised and popular. It was RESOLVED THAT the Students’ Union Accounts and Annual Report for year ended 31st July 2016 be approved. 16/39 FINANCIAL PLAN 2016 - 2018 The Vice Principal Finance and Resources reported on a letter received from the SFA in relation to the College Financial Plan 2016 – 2018 (circulated, document Dec 16/20). It was confirmed that this letter was based on the original financial plan that had been submitted in July 2016, indicating a £400,000 deficit. It was noted that the letter requested additional information and it was confirmed that this had been provided in addition to the financial plan that was confirmed in September 2016. 19 Ref Action it was RESOLVED THAT the update on action taken in response to the SFA Financial Plan 2016 – 2018 letter be noted and received. 16/40 ANY OTHER BUSINESS The Interim Principal concluded by affirming that the emphasis after the Christmas break would be the Structure and Prospects Appraisal (SPA), and that there would be a need for the Corporation to focus on, and be clear on, what the ‘market’ was from the commissioning authorities along with the identification of potential partners. There would need to be a clear idea of what the College was to be if it was to meet with the requirements of the SPA. 16/41 DATE OF THE NEXT MEETING The date of the next meeting was confirmed as Thursday 12th January 2017. Signed: Chairman Date: 20
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