FE Corporation Minutes Meeting held on Thursday 15 December 2016 at 5.30pm in Room 301

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1 FE Corporation Minutes Meeting held on Thursday 15 December 2016 at 5.30pm in Room 301 Governors: Mr J Anderson, Mr S Chaudhary, Mr P Cook (Principal and Chief Executive), Mr D Craig, Mr N Dart, Ms R Hodgson, Mr D Johnson, Mr R McCallion, Ms M Mason, Mr R Poundford, Ms M Stephenson, Mr M White (Chair) and Mrs N Wilburn Officials: Apologies: Ms L Boynton (Head of Quality), Ms M Elliott (Director of Business Development), Mr J Faulkner (Assistant Principal: Curriculum), Mr M Flannery (Director of Students), Mr P Hastie (Vice-Principal: Corporate Planning and Performance), Mr M Hickey (Deputy Principal), Mr P Hiser (HR Director), Mrs F Sharp (Finance Director) and Sarah Thompson (Clerk to the Corporation) Ms L Brown (Meeting commenced at 5.30 pm) Declarations of Interest During Item 9, the Chair declared an interest as a former employee of Teesside University. The Chair welcomed attendees to the meeting and advised governors that, following national advertisement and interviews, the Clerk had been appointed to the full time post of Clerk to the Corporations of Stockton Riverside College and Darlington College with effect from early Governors congratulated the Clerk on her appointment. 16/89 Agenda Item 1 College Improvement Plan The Deputy Principal presented the College Improvement Plan and highlighted key areas for improvement, including English and maths and work experience. A range of actions were being taken to improve both attendance and achievement within English and maths, including the employment of progress coaches. Events were also taking place to promote the importance of English and maths and 501 learners had attended the Let s Figure it Out day in November looking at aspects of English and maths through activities such as theatre performances and a market place. Learner feedback from this event had been very positive. Four advanced practitioner posts were being advertised to strengthen teaching and learning within the English and maths team and teaching and learning support was also being provided by a member of staff from Egglescliffe School, a local, high-performing secondary school. Data analysis was also being utilised to more closely investigate the performance of different student groupings and allow use of differentiated strategies, against a common background strategy. FEC minutes 15 December 2016 Approved by governors 9 March 2017

2 A governor reported on his attendance at a Performance Review Period 3 (PR3) meeting for English and maths. He commended senior leaders robust challenge of the Head of English and Maths and commented that governors could be reassured that the College was tackling this issue with rigour and urgency. A governor challenged whether improved attendance was impacting on learner behaviour in class. It was reported that learners attending classes were enjoying their learning and that overall behaviour across the College was good, although improvements were needed in some small pockets. Progress coaches would support with specific issues in some areas. Members also queried options for governors to recognise the achievement of staff members judged to deliver outstanding teaching and learning, noting that one staff member within the English team had been graded outstanding. The Deputy Principal reported that all teaching staff judged as delivering outstanding teaching and learning received a gold pen and it was agreed that governors recognition of staff would be highlighted as part of the presentation. Outstanding support teams were recognised through award of a silver pen. Governors agreed to approve the 2016/17 College Improvement Plan and noted that progress in respect of English and maths improvement would be reported regularly to the Corporation and the Standards Improvement Committee. The Assistant Principal agreed to arrange for a letter of thanks to be sent to the Head Teacher of Egglescliffe School. 16/90 Agenda Item 2 Annual Equality and Diversity Report The College s 2015/16 Annual Equality and Diversity report had been circulated and the Deputy Principal clarified that this would be published on the College website. The report evidenced that equality and diversity was well embedded within the College, that the College was providing programmes to meet the needs of learners within its community and was supporting students to achieve success and equipping them with social skills for their future progression. In response to a governor s challenge, the Deputy Principal clarified that monitoring systems had improved but further work was needed to improve the performance of learners from Pakistani backgrounds and learners with learning difficulties. In addition, the composition of the staff and student bodies was not fully representative of the local population and the College was seeking to encourage more applications from under-represented groups. Governors commended the well-presented and very positive 2015/16 Annual Equality and Diversity Report and approved this for publication. Governors suggested it would be helpful to reference equality and diversity in respect of the Corporation in future reports. 16/91 Agenda Item 3 Annual Safeguarding Report The Chair reminded members that safeguarding was a statutory and non-delegable function of the Corporation. The Deputy Principal presented the Annual Safeguarding Report and highlighted a range of successful activity during , including the introduction of CPOMS (Child Protection Online Monitoring System), which had improved record-keeping systems. Governors noted a revised risk assessment process FEC minutes 15 December 2016 approved by governors 9 March

3 for admission of learners and it was clarified that, of a total of 27 potential learners that had been RAG (red, amber, green) rated red, 11 had been refused admission to the College, 11 had been enrolled with conditions, for example, enrolment on a very short employability course, and one had been enrolled with no conditions. Other enrolments had not been progressed for a number of factors. In response to a governor s challenge, the Deputy Principal, Head of Quality and HR Director confirmed that the College was fulfilling its statutory responsibilities in relation to safeguarding and had well developed systems for safe recruitment. Governors were pleased to note a positive internal audit report in respect of safeguarding processes and recognised that the three identified areas for improvement had been quickly addressed. In response to a governor s challenge, the HR Director confirmed that, as at the date of this meeting, all relevant staff had completed their outstanding safeguarding training. It was suggested that an addendum to reports be issued at future meetings, to ensure governors were receiving the most up-to-date information. Governors received the annual safeguarding report and were pleased to note that issues raised during the past year had been addressed, including the introduction of technology to support record-keeping. The Clerk agreed to confirm the position in respect of governor safeguarding training to the Chair and Safeguarding Link Governor early in the Spring term. 16/92 Agenda Item Performance Improvement Action Plan Outcomes A report had been circulated outlining outcomes of the Performance Improvement Action Plan (PIAP) and the Deputy Principal highlighted that 19 of the 24 identified courses had achieved improved achievement rates between and , with eleven improving to above the national rate. Governors received and noted the report. 16/93 Agenda Item Performance Improvement Action Plan The Performance Improvement Action Plan (PIAP) had been circulated and the Deputy Principal clarified that the Plan had been extended to include more provision and had also been made more closely identifiable with outcomes of the Self Assessment Report (SAR). The PIAP formed a key part of inspection preparation and the Head of Quality was meeting Heads of Department monthly to discuss progress against action plans. A governor noted the red RAG rating for Children and Young People s Workforce and the Head of Quality confirmed that there were ongoing concerns related to this programme, linked to the need for GCSE English and maths for employment in the sector. Recruitment was now more tightly managed but a significant number of current students continued to be at risk of not achieving the qualification and the programme would remain a risk until these existing learners had finished their qualifications. Governors discussed the College s preparation for Ofsted and the Head of Quality reported that she was finding her involvement in Ofsted inspections very helpful and a FEC minutes 15 December 2016 approved by governors 9 March

4 recent shadow inspection had confirmed that the College s areas of focus were appropriate, for example, close monitoring of subcontracted provision and apprenticeships. There had also been a noticeable change of focus for English and maths towards the development of skills. A governor reported that he had recently met the Head of Quality to discuss Ofsted preparation and was very reassured that appropriate arrangements were in place. Governors received and noted the information. 16/94 Agenda Item 6 In-year Retention, Attendance and Punctuality The Head of Quality presented a report outlining current retention, attendance and punctuality levels. Retention levels remained good and above national rates, with headline levels 0.1% below the same period in the previous year. Attendance was the primary area for improvement, particularly in English and maths and specifically among NETA learners. A governor challenged lower retention rates for higher level apprentices and it was clarified that student numbers within this cohort were low and students tended to be older people with potential work / life balance issues. However, the low retention rates were a concern for the College. Governors received and noted the report and it was agreed that an update on attendance and information on the reasons for lower retention among higher level apprentices would be provided to future meetings. 16/95 Agenda Item 7 Teaching and Learning Observation Outcomes The Head of Quality presented her report outlining outcomes of graded observations of teaching and learning and highlighted an improved initial grade profile compared to , with more consistent high-quality teaching and learning. 118 learning walkthroughs had also been completed, with the highest numbers in SRC Bede and the English and maths department. The Learning and Teaching Development Manager had also undertaken a number of learning walks, focussed on the tutorial programme, behaviour and readiness to learn, which had identified stretch and challenge as an area for improvement. In response to governors challenges, the Head of Quality confirmed that observation processes were now well-embedded and the Learning and Teaching Development Manager was working across the College sites with the aim of minimising resistance from particular teaching staff groups. Governors were pleased to note that College staff had undertaken joint learning walks with the Vice Principal of Hartlepool College as part of a reciprocal arrangement and, in response to a governor s challenge, it was confirmed that work with Darlington College colleagues in respect of Self Assessment Report validation had been interesting and helpful, highlighting some differences in data production and collection. Governors received and noted the report and suggested that it would be helpful to include a total number of staff in each department in the grading profile table. The Head of Quality left the meeting. FEC minutes 15 December 2016 approved by governors 9 March

5 16/96 Agenda Item 8 Recruitment Update The Director of Students presented his report outlining the learner recruitment position and highlighted that recruitment to date was below target. While further recruitment was forecast, this was primarily within the challenging Prince s Trust sector. He outlined the College s recruitment strategy, which included promoting the College within Stockton postcodes, establishing an operational school engagement team, including nominated departmental contacts, and ensuring a high profile social media presence. In response to governors challenges, the Director of Students clarified that the Marketing Team was now focussing on fewer, key social media accounts and the Marketing Team was responsible for a daily review of social media activity, utilising new aggregator software. He also clarified that the College recognised the importance of parents and had arrangements in place for traditional communication with parents. However, the primary focus was engaging young people. The Principal and Chair reported on a very positive meeting with the Head Teacher of Northfield School, who had commented that he was pleased with the level of liaison between the school and College. Governors thanked the Director of Students for his report and received and noted the recruitment information. 16/97 Agenda Item 9 Merger Update Stephanie Mason, RSM, arrived at the meeting and was welcomed by the Chair. The Chair reminded members that the Corporation had agreed to progress towards a merger between Stockton Riverside College and Darlington College. Corporation representatives were regularly meeting Darlington colleagues via the Joint Steering Group and progress was now being made towards appointment of a Shadow Board, a Chair and a Chief Executive. A business case for the merger had been developed and shared and discussed with governors via a range of previous meetings, including a governors seminar on 8 December. Members were reminded that RSM had been appointed to undertake financial due diligence of both Stockton Riverside College and Darlington College and Watson Burton to undertake legal due diligence ( Chinese walls were in place in both cases). Draft reports were due for accuracy checking by 23 December 2016 with final reports due by 9 January Due diligence was still underway and financial due diligence would include testing the robustness of the merger business case. RSM and Watson Burton would provide an outline of findings to date to this meeting. Stephanie Mason, RSM, tabled information relating to financial due diligence in respect of Darlington College. No material issues had been identified to date but information was being received relatively slowly, and the R04 (record of student numbers) was not yet available. Overall subcontracting costs had declined and Darlington College now had a significant proportion of subcontracting, equating to around one third of provision, with a single provider, Working Links. In response to a query, it was clarified that this subcontracted provision was primarily employability work and registered learners had local postcodes. In line with many colleges, financial forecasts were developed via a top down process and Darlington College had had annual cash outflows. FEC minutes 15 December 2016 approved by governors 9 March

6 Paul Wigham, Watson and Burton, arrived at the meeting and was welcomed by the Chair. Paul Wigham reported that Watson Burton had received around half of the requested documents from Darlington College but a number of important documents remained outstanding, including copies of commercial contracts with subcontractors. To date, no significant concerns had been identified. Various covenants had been applied to the College land and a number of third parties would need to be involved in merger discussions, including Network Rail and Teesside University. This could have implications in respect of the merger timescales, as well as costs. Further work was needed to understand the extent of third party involvement in respect of estates, for example, contractors working on site, and it had not yet been possible to identify the extent to which contracts, including with subcontractors, were freely assignable. However, it was recognised that subcontracting arrangements could be agreed on an annual basis. The following paragraph was deemed commercial in confidence. While no material concerns had been raised, the complexities demonstrated the scale of work related to merger implementation. It was reiterated that neither legal nor financial due diligence had identified any material concerns and, while there were some financial issues, these were primarily related to financial planning and operational management. However, there were significant complexities in respect of legal matters and it was clear that additional, unbudgeted expenditure would be incurred. The merger business case was based on a pessimistic approach to expenditure and it was recognised that more work was needed in respect of risk sensitives. Members were reminded that the merger aimed to create a more sustainable and resilient College and the Chair asked each governor for their view on whether the business case provided a sound basis to proceed towards a type A merger. Governors recognised potential difficulties in respect of timescales but were confident that the merger would improve opportunities for students. Governors agreed unanimously that the draft business case for the merger provided a sound basis to progress with intent to a type A merger. Governors thanked Stephanie Mason and Paul Wigham for their presentations and Stephanie Mason and Paul Wigham left the meeting. 16/98 Agenda Item 10 Corporation minutes and actions Minutes of the Corporation meeting held on 24 November 2016 had been circulated and were approved as an accurate record. Actions and updates were noted. 16/99 Agenda Item 11 Subsidiary Company Board / Committees and Task and Finish Groups Minutes of the following meetings had been circulated and were received and noted: FEC minutes 15 December 2016 approved by governors 9 March

7 NETA Board meeting held on 18 November 2016 Audit Committee meeting held on 29 November 2016 Joint Audit and Finance and Employment Committee meeting held on 29 November 2016 Finance and Employment Committee meeting held on 29 November 2016 Strategic Partnerships Task and Finish Group meeting held on 30 November 2016 In line with recommendations from the Audit and Finance and Employment Committees, governors agreed to: i) vary the audit plan to include an audit of English and maths provision; ii) approve amendments to Financial Regulations to reflect practices across the College Group; iii) reappoint RSM as external auditor for one year. 16/100 Agenda Item 12 Strategic Seminar The Assistant Principal presented his report outlining the proposed aims and objectives and draft agenda for the Governors Strategic Seminar on 3 to 4 February Governors suggested that consideration be given to including sessions reviewing: the position in respect of other College mergers; the Sainsbury Review; the employer Apprenticeship Levy; governor dashboard; the position in respect of Durham University / International Foundation School; and alternative provision. The Assistant Principal agreed to review the agenda and liaise further with the Chair, Vice Chair and Chair of Audit in respect of the final agenda. 16/101 Agenda Item 13 Annual Reports and Final Accounts Annual Reports and Final Accounts for the College and its subsidiaries had been circulated and governors were reminded that the documents had been recommended for approval at a joint meeting of the Audit and Finance and Employment Committees on 29 November The Finance Director advised that regularity work had been completed and bank covenants had been reviewed but the auditors were not able to sign off the accounts until the Skills Funding Agency had issued their final funding reconciliation. Governors expressed their appreciation for the work of the Finance team, recognising the increased complexity of producing year end accounts within the new Group structure, alongside the introduction of a new finance system and managing issues arising from area review. In line with the recommendations of the joint meeting of the Audit and Finance and Employment Committees on 25 November 2014, governors agreed to: i) approve the Annual Report and final accounts for Stockton Riverside College for the year ended 31 July 2016; ii) receive the financial statements for NETA Training Trust (consolidated) for the year ending 31 July 2016 for inclusion in the Group consolidated accounts; iii) receive the annual report and final accounts for Tees Valley Catering for the year ending 31 July 2016 for inclusion in the Group consolidated accounts; iv) receive the annual report and final accounts for Stockton and Billingham College Developments for the year ending 31 July 2016 for inclusion in the Group consolidated accounts; FEC minutes 15 December 2016 approved by governors 9 March

8 v) accept the management letter from the auditor of the financial statements / management representations letters. 16/102 Agenda Item 14 NETA International Activities A report outlining current and potential future international work at NETA Training Trust had been circulated and was received and noted. 16/103 Agenda Item 15 Employer Engagement A report had been circulated providing information on the College s employer engagement activity. In response to governors challenges, the Director of Business Development reported that the College had engaged with 2636 employers, 1114 within the Stockton borough, and work with employers covered a wide range of activity including support in respect of the Apprenticeship Levy. Governors suggested an evaluation of employer feedback could be helpful and the Director of Business Development confirmed that work was currently underway to capture this. The information was received and noted. 16/104 Agenda Item 16 Corporation and committee membership Governors received a report outlining the current Corporation and committee membership position. Governors agreed to accept the resignation of Neville Dart from the Search and Governance Committee and to appoint Michelle Stephenson to the committee. Governors also requested that the Clerk prioritise the recruitment of a second student governor to serve as a Corporation member. 16/105 Agenda Item 17 Governors Attendance and Development A report outlining governors attendance at meetings and other development events had been circulated and was received and noted. 16/106 Agenda Item 18 Any other business Governors were advised that staff survey results were very positive, which was particularly pleasing at a time of uncertainty. 16/107 Agenda Item 19 Approval of Documents for Public Inspection It was agreed that the agenda and supporting documents of the current meeting be made available for public inspection with the following exceptions: - College Improvement Plan, Performance Improvement Action Plan and Action Plan outcomes, retention, quality and recruitment information, safeguarding audit report, merger information, and information relating to international work undertaken by NETA and employer engagement, which were deemed commercial in confidence - Staff names related to teaching and learning observation outcomes, as this was personal information FEC minutes 15 December 2016 approved by governors 9 March

9 - Committee meeting minutes pending committee approval - Annual Reports and Final Accounts which would be published in finalised form following sign off by the auditors Corporation Minutes would be published following approval at the next meeting. 16/108 Agenda Item 20 Date and time of next meeting Thursday 9 March 2017 at 5.30 pm at Bede Sixth Form Governors noted that Jeremy Faulkner had decided not to seek reappointment as a Corporation member due to work pressures and his term of office had ended in December Governors thanked Mr Faulkner for his significant support and advice and expressed their best wishes for the future. (The meeting ended at 8.10pm) FEC minutes 15 December 2016 approved by governors 9 March

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