2. Minutes of the Board meeting held on 9 March 2017 and Matters Arising

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1 Qualifications Wales Board Minutes of Board meeting held on 16 May Attendees: Ann Evans, Philip Blaker, Isabel Nisbet, Claire Morgan, Angela Maguire-Lewis, Caroline Burt, Robert Lloyd Griffiths, Ellen Donovan, Rheon Tomos, Alun Llwyd, David Jones. In Attendance: Alison Standfast, Kate Crabtree, Jo Richards, Alison Rees (Welsh Government observer), Helen Bushell (Secretariat), Kerry Price (attended for item 5 and 6), Emyr George (attended for items 7, 8 and 10), Arun Midha (observer), Osian Llewelyn (item 10), Carys Richards (item 14). Apologies: None 1. Welcome, Apologies, Declarations of Interest 1.1. The Chair welcomed everyone to the meeting with a particular welcome to David Jones appointed to the Board with effect from the 15 May and Arun Midha who we anticipated would be appointed from the 18 May. Arun was attending as an observer Declarations of interest were sought. The following new declarations were declared: Angela Maguire-Lewis employed as Head of Apprenticeships at Cardiff & Vale College Claire Morgan appointed as the Chair of WISE (Wales Initiative for Student Engagement) The Chair asked if members had any points to raise from papers provided for information papers, the following points were raised: Risk management - it was noted that risk will be a part of the main agenda three times per year and as an information paper for other meetings. Specific aspects of risk would form part of meetings as required, for example risks in relation to the Summer examination series were part of today s meeting agenda. Skills plan the Board noted that the timeline for implementation of T Levels may be affected by election restrictions in England The information papers were all noted. 2. Minutes of the Board meeting held on 9 March 2017 and Matters Arising 2.1. The minutes of the meeting held on 9 March 2017 were confirmed as an accurate record of the meeting, subject to an amendment to paragraph 2.3 and minor typographical amendments, and were agreed by the Board. The minutes would be published on the Qualifications Wales website once they had been translated.

2 Page 2 of The Board reviewed the action log, which had been updated with progress. The Chair noted that a protocol would be developed to guide the publication of correspondence with Welsh Government. Matters Arising 2.3. The Board asked for an update in relation to the Memorandum of Understanding (MoU) with Social Care Wales. PB confirmed the draft was nearly ready, but further work was required in relation to the duties and powers of the two organisations. A final draft would be considered at the next Board meeting The Chair updated that she and PB had met with Alun Davies AM (Minister for Lifelong learning and the Welsh Language) and had a positive meeting, the aim of which was an introductory session to clarify QW s role and how this linked with the Minister s portfolio The Board sought an update in relation to the correspondence with CYDAG. PB confirmed that he had written back to CYDAG to clarify QW s role in relation to teaching and learning materials and had responded to the queries raised. 3. Chair s Update 3.1. The Chair thanked Alison Rees and colleagues at Welsh Government for supporting the Public Appointments process to secure the appointment of 2 new Board members A meeting had been held with the Director for Education at Welsh Government. The main items for discussion had been the reformed general qualifications that would be awarded for the first time this summer and plans for engagement, with stakeholders The Chair confirmed she had conducted the CEO s appraisal for 2016/17 and would be sending a confidential update to the Board. In summary, the appraisal was very positive, raised no issues or concerns and could be summarised as an outstanding year for the CEO The Board was asked to note that Angela Maguire-Lewis had agreed to continue as Chair of the Audit and Risk Assurance Committee. This would be reviewed in the autumn 2017 when AML could make a better judgement on the time commitment. The Chair thanked Angela for undertaking this role Following previous discussions, the Chair had considered arrangements to ensure an alternate Chair for Board meetings in the event of her absence and for business continuity purposes. The Chair confirmed that either Claire Morgan or Robert Lloyd Griffiths would undertake this role as required The Chair noted that as part of the Board Action Plan, a lunchtime engagement had been arranged for the Board and staff during the meeting. This would involve

3 Page 3 of 13 two Board members sharing their experiences as part of Learning at Work week. More widely this would provide members with an opportunity to talk to and get to know the staff team better. This would be the start of a series of events of this nature Looking ahead the Chair noted that she and PB were meeting Julie James AM (Minister for Skills and Science) on the 10 July i. The Board noted the Chair s update. 4. CEO Report 4.1. Philip Blaker (PB) introduced his paper identifying some specific areas for update and discussion: Summer Examination Series 4.2. PB noted this as one of the most important areas of work and that the organisation was prepared for the summer. A full update would be provided later in the agenda GQ Approvals 4.3. PB confirmed that GQ approvals for subjects intended for first teaching in September 2017 were now complete. PB thanked Jo Richards, Kate Crabtree and their teams for achieving this important milestone. The Board echoed these thanks PB informed the Board that WJEC had recently updated specifications in ICT; this update had been agreed pending the outcome of the ICT Sector review The Chair of the Regulation Committee reinforced how impressed the Regulation Committee had been with the work undertaken to achieve these approvals. Data Collection Project 4.6. PB provided an update to the Board about the project and the nature of data collections intended for statistical publications and research purposes. The scoping phase of the project was well underway. The Board was asked to note that approval might be required from the Board and Welsh Government to commence tender activity for the technical solution if the cost of the IT project exceeded 100k Ofqual had collected and published data on Wales (and Northern Ireland s) behalf, but had indicated that this will not continue. This decision aligned with QW s intent

4 Page 4 of 13 to develop full operational independence. As an interim measure QW were negotiating a short-term contract for Ofqual to continue providing these services on our behalf The Board discussed the level of data that might be required and the importance of having the appropriate collection systems, protocols and ethics in place to underpin the importance of this work. PB confirmed the solution would be built to the relevant standards. Action KC to consider establishing a group to consider the ethical practices and protocols to support the collection and publishing of data and research. Health and Social Care Developments 4.9. PB confirmed that the procurement process was proceeding to schedule. Good engagement was in place with potential bidders and the team were currently completing the dialogue phase. Sector Reviews PB updated that the Construction and the Built Environment (CBE) review was progressing well and to schedule. The scope of the ICT review was currently being reviewed and might result in a change to the timescale. The Board reinforced that it would want the organisation to focus on the quality of the reviews and not attempt a challenging schedule if that were to the detriment of quality. The Board agreed that if the ICT review was not completed until 2018/19 this was acceptable. Welsh Medium Assessment PB informed the Board that discussions had taken place with GQ awarding bodies in England regarding the availability of low uptake subjects to learners in Wales. It was expected that the full range of subjects not reformed in Wales would be made available. However, it was unlikely that many would be offered through the medium of Welsh QW s current position was to work with awarding bodies to understand their reasons for not offering Welsh medium assessment and to encourage provision The Board recognised that this was not the preferred position, but recognised that operational issues made it very difficult to offer small scale assessment through Welsh The Board discussed the powers of the Welsh Language Commissioner and noted that the Welsh Language Standards could be applied to Awarding Bodies PB noted that the new curriculum might offer some opportunity to address the issue.

5 Page 5 of The Board queried if a task force should be set up to consider the topic, PB confirmed a working group was already in place. i. To note the CEO report - NOTED /17 (12-month) Business Plan Report 5.1 Helen Bushell (HB) introduced the paper summarising the full year report for 2016/17. It was noted that 18 of the 20 operational priorities were rated green, with priorities 12 and 19 rated as amber. Priority 12 related to Regulatory policies where the amber rating related to progress in establishing the Monetary Penalties policy, where consultation was contingent upon work undertaken by Welsh Government. Priority 19 related to the Welsh Language Standards, which did not yet apply to QW but a full action plan had been planned. 5.2 The Board discussed the reasons for the amber ratings and noted priority 19 as low risk because QW had not yet been listed within the regulations and was unlikely to be until 2018/19. Priority 12 was a higher priority and it was noted that plans were in place with Welsh Government to progress consultations related to the Monetary Penalties policy. 5.3 The Board noted that priority 20 (corporate functions) was rated green in the last quarter of the year having previously been amber, largely due to issues related to MyCSP and the set-up of the Trade Union branch being resolved. i. The Board reviewed and noted the summary of progress against each of the Operational Priorities NOTED. 6. Financial Report 2016/17 and 2017/18 including Financial Profile 2016/17 Out-Turn Position 6.1. Kerry Price (KP) introduced the paper confirming that a greater level of detail had been provided in the financial tables as relevant committees had not met prior to the Board meeting KP guided the Board through the draft end of year position for 2017/18 and confirmed that the projected position for the end of the year had not substantially changed from that reported at the last Board meeting on the 9 March The Board noted this and was content to see little change to what had been projected The Board noted that Wales Audit Office would be on site in May and June to carry out the external audit and looked forward to receiving the accounts and external audit report in July.

6 Page 6 of /18 Budget Profile 6.4. KP confirmed that the grant allocation for 2017/18 was 8,217m, which included the agreed carry forward for the data project ( 100k) and IT renewals programme ( 75k) KP presented profile graphs identifying the likely spend profile. It was noted that March (2018) was projected to be a high spend month given the nature of much work, including the likely claim period for Welsh medium assessment grants, and that there would be ongoing work with teams throughout the year to minimise the risk of projected spends not being realised KP confirmed that a six-month review would take place in September This would be reported to Resources Committee and then Board in October 2017 as planned The Board queried what the contingency plan would be if the Data Project proved to be more expensive than anticipated. AS explained there were a number of options which included reducing the scope, changing the pace and relying solely on internal developer resource for aspects of the development. These options would be fully considered and evaluated if required once the project scope had been fully developed The Board queried if any learning could be gained from the grants activity in 2016/17 to reduce the potential impact of an underspend at year end. KP explained that the grants schedule had already been revised through engagement with awarding bodies, acknowledging that there was a balance to be achieved between managing the budget and the needs of the sector The Board queried if the remainder of the carry forwards ( 325k of the 500k) could be drawn down in the future. KP confirmed this was the case if funds were used for the intended purpose. If, however, the funds were needed for other purposes, then this would need to be agreed with Welsh Government The Board discussed the profile of spend for the last quarter and some of the dependencies that this relied upon. i. The Board noted the outturn position, and the budget profile NOTED.

7 Page 7 of Summer Examination Series Overview 7.1 Jo Richards (JR) introduced the paper noting that a more detailed version had been considered by Regulation Committee on the 27 April JR also provided an overview of what was intended to be covered in the Board development day. 7.2 JR drew the Board s attention to the extensive monitoring programme in place for the Summer series. JR noted that this summer was the first time a number of the reformed qualifications would be awarded and confirmed that these qualifications were included in the monitoring programme. 7.3 JR explained that the online survey Have Your Say was being widely promoted through schools. 7.4 An overview of the engagement plan was presented explaining the role of various groups within the structure including the Standards and Awarding Group (SAG), Qualification Delivery Management Group (QDMG) and the Information Sharing Group (ISG) along with a timeline of engagement. JR confirmed that the Wales only awards would be considered at SAG. 7.5 An extensive communications plan was in place which included direct communications with schools, the A* to G campaign explaining changes to GCSEs in Wales, meetings and briefings with Welsh Government, Teaching Unions, Welsh Government officials, Assembly Members and the Cabinet Secretary, and the media. A series of spotlight articles would be published on the website and widely promoted in July. 7.6 JR presented an overview of some examination entry data requested from WJEC and noted that Ofqual s Official Statistics publication was due to be published at the end of May. JR provided a commentary on implications of what this data may mean for the summer results. 7.7 The Board discussed and noted that there was a risk that the overall results could be misinterpreted. 7.8 JR referred the Board to the section of the paper on risk which was discussed in detail. JR particularly noted the risk in relation to results release which had previously been shared with the Regulation Committee. JR explained that Welsh Government had provided assurance this had been mitigated. 7.9 The Chair of Regulation Committee thanked JR for her and her team s work and confirmed that the monitoring programme had been discussed extensively at Regulation Committee and was believed to be proportional for this particular series, while recognising the high level of monitoring activity and therefore committed resource.

8 Page 8 of The Board discussed the paper and noted the issues discussed, recognising the significance of the summer examinations series for the organisation. i. The Qualifications Wales Board was asked to note the approach to the summer 2017 examination series NOTED. 8. General Qualifications (GQ) Strategic Plan 8.1. PB introduced the paper explaining at a high level the proposed strategic framework, which would be discussed in greater detail at the Board s development day, and the format that had been adopted for strategic plans, which was intended to make the document more succinct. PB confirmed that the Strategic Plan had been reviewed by Management Board and the Regulation Committee Emyr George (EG) provided a detailed overview of the GQ Strategic Plan, introducing the five focus areas and five challenges. The Board discussed each of these and made comment accordingly EG summarised the stakeholder engagement that had taken place across the sector and summarised the feedback received, all of which had been positive and supportive The Board noted the quality of the plan and the level of stakeholder engagement that had taken place. The Board requested further engagement with Higher Education and asked that there was engagement with GQ Awarding Bodies outside of Wales The Board noted the proposed publishing timescale and methods of communication Following discussion, the Board approved the plan subject to some amends being made, these are summarised as: Focus area 1 a clearer description of standards and fairness to candidates to be added Focus area 2 add a statement about the purpose of GQs Challenges in places these needed to be more clearly articulated to ensure they are clear and precise An overview of how the plan will be measured to be added Action: EG to amend the plan as agreed including the items listed above in 8.6 Action: EG to ensure further stakeholder engagement is in place with Higher Education and GQ Awarding Bodies outside of Wales

9 Page 9 of 13 The Board was asked to approve: i. The strategic plan for general qualifications subject to any minor amendments the Board requests APPROVED subject to amends outlined in paragraph 8.6. ii. The proposed approach and timeline for publishing the strategic plan for general qualifications by the end of the summer term APPROVED. 9. Regulatory Incident Management Policy 9.1. KC introduced the paper confirming that the policy had previously been approved by the Board when QW was first established and before procedures were established, and had been updated to reflect current practice. The policy amendments were considered to be procedural and minor, but required Board approval in line with the scheme of delegation The Board queried the change of delegation for various roles within the policy. For example, previously the CEO had a greater level of involvement, the Head of Monitoring and Compliance would fulfil the responsibilities in the new policy. KC explained that the first policy was developed when the organisation was very new and it was anticipated that most regulatory incidents would be of greater severity. However, it had become apparent that the severity of incidents reported was such that it was more appropriate to delegate some roles, with appropriate escalation procedures The Chair of Regulation Committee commented that she believed the proposed changes were proportionate to the organisation and its current maturity The Board queried other aspects of the policy including the timescales for response. JR assured the Board the timescales quoted were expressed as a maximum and, very often achieved within 24 to 48 hours. The Board also explored the protocol for when Welsh Government were informed of relevant incidents The Board discussed the policy and approved the proposed changes. i. The Board approved the Regulatory Incident Management Policy APPROVED. 10. Memorandum of Understanding (MoU) with the Welsh Language Commissioner Osian Llewelyn (OL) joined the meeting. EG introduced the paper and acknowledged the work of team members in developing the MoU.

10 Page 10 of The MoU was intended to support our work in developing policy to regulate for a bi-lingual nation. A positive working relationship was in place with the Welsh Language Commissioner where several meetings had been held to discuss and develop the content of the MoU OL presented the changes made to the MoU as a result of the legal advice received. The Board noted these The Board discussed the MoU, its content and purpose and following discussion approved it. i. The Board reviewed the paper and MoU and APPROVED it APPROVED. 11. Board Scheme of Delegation HB presented the paper with the proposed revisions to the scheme of delegation. The Board noted that the document had been approved in January The financial authorities schedule annex had been reviewed by the Audit and Risk Committee and then approved by the Board in October This review was timely in terms of the wider delegations and did not include any change to the financial authorities schedule HB presented the proposed amendments which the Board discussed. The following amendments were agreed: Committees should be referred to as committees not sub-committees In section 9.2 (policy), the content relating to consultation needed to be clarified, making clear the delegations when QW was responding to a consultation and QW conducting a consultation. i. The Board reviewed the scheme of delegation and APPROVED it APPROVED with amends identified in paragraph Board Action Plan The Chair introduced the item confirming that the action plan was a final draft following comment on earlier versions. The plan has been drafted following the governance health checks conducted with each Committee, the Board performance review and one to one sessions held in 2016/17. The Chair reinforced this was a plan for the Board s benefit and therefore one for the Board to own.

11 Page 11 of HB introduced the paper and summarised the six areas identified in the action plan. The Board discussed the content and subject to some minor amends approved the action plan. i. The Board reviewed the Board Action Plan and APPROVED it APPROVED. 13. Corporate Complaints Policy HB introduced the paper confirming that the Chair and CEO had approved an interim policy (following delegation from the Board in March 2017). The paper and policy being reviewed was a final draft that incorporated comments made by Board members electronically HB confirmed that the policy had been reviewed by our lawyers, was based on a template from the Public Services Ombudsman for Wales and followed current recognised practice The Board discussed the policy and approved it subject to the following amendments being considered: Vexatious and repetitious complaints consider drafting for greater clarity Stage 3 internal appeal clarify that the complainant will be notified if they should write to someone other than the CEO Clarify that Board members should not be involved in the complaints process unless absolutely necessary. Action: HB to consider the suggestions made and finalise the policy. i. The Board approved the Corporate Complaints policy subject to the points raised in 13.3 APPROVED. 14. Welsh Language Standards HB introduced Carys Richards (CR) to the meeting. CR was leading on the development of the action plan to support compliance with the standards that were likely to apply HB used a PowerPoint presentation to provide an overview of the Welsh Language (Wales) Measure 2011, its purpose and content.

12 Page 12 of The Welsh Language (Wales) Measure 2011 established a legal framework to impose a duty on listed organisations to comply with standards of conduct on the Welsh language. Qualifications Wales was likely to be listed within group 8 and therefore the standards were likely to apply from 2018/19 or 2019/20, although this had not been confirmed Our approach had been to embrace the standards and evaluate our current compliance leading to the development of an action plan so we understood what we might need for future compliance. The next actions include: Complete our own self-assessment Build our action plan Develop our policy Update our risk register as needed (once plan completed) Start implementing the action plan The Board noted the importance of the standards and were assured to see the progress made so far. The Board also noted that a risk deep dive had been held by the Audit and Risk Assurance Committee earlier in the year. Action: HB to distribute an electronic copy of the presentation to the Board for information. i. The Board noted the update NOTED. 15. Regulation Committee Update The Chair of the Committee provided an update of the main areas of business from the last Committee meeting on the 27 April. The minutes were not yet available due to the proximity of the Committee meeting to the Board meeting. The main items discussed within the Committee related to the GQ Strategic Plan, the Summer examination series and the Health and Social Care project all of which had been covered earlier on the Board agenda The Committee noted the minutes provided from the 27 February 2017 meeting as an information paper. i. The Board noted the Committee report as presented by the Chair of the Committee NOTED 16. Decisions Made Ex-Committee There were no items to raise as decisions made ex-committee.

13 Page 13 of Dates of Next Meetings HB confirmed the calendar of meetings in place. The next meeting would be held on 20 July Any Other Business The Chair asked all present at the meeting to contribute their views on how the Board had added value to the organisation / organisation s work during the day. Attendees contributed their thoughts, examples included: seeing how discussions that the Regulation Committee held had then been turned into meaningful progress (for example through the GQ Strategic Plan) discussion about risk and specifically the Summer series risks, the value added through updates provided through the Welsh Language Standards presentation engagement with staff at lunchtime had worked well and added value a general sense that the fully populated Board had a good range of skills and experience and added value as a group as well as individually the discussion about data collection had helped clarify how we proceed recognising the need for compliance based agenda items balanced with the value of less structured, longer term discussions this had worked well today The Chair asked if there was any other business, nothing was raised. The meeting ended at End