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ASSOCIATION OF COLLEGES

NATIONAL CLERKS’ NETWORK NATIONAL COMMITTEE

Minutes of a meeting held on

Thursday, 11 July 2013

In the Small Board Room, AoC, 2-5 Stedham Place, London WC1A 1HU

PRESENT

David Jackson, Chair West Midlands Region (Until 31.07.14) (For part of the

meeting only)

Sheila Selwood, Vice-Chair Eastern Region (Until 31.07.14)

Natalie Watt, Vice-Chair London Region (Until 31.07.14)

Richard Atkinson North East Region (For this meeting only)

Linda Barrett Vice Chair of South East Region (For this meeting only on

behalf of Melvyn Cass and Susan Simpson)

Glyn Harris North West Region (From 22.04.08 to 22.04.14)

Helen Harris Yorkshire & the Humber Region (Until 02.14)

Claire Kay East Midlands Region. (Until 31.07.13)

Mark White Governors’ Council Representative.

IN ATTENDANCE

Siobhan Chester, Vice-Chair of the London Region

Joanne Dean, (AoC, Assistant Governance Manager and Help-line Advisor)

Kevin McGladdery, (AoC, Governance Manager) (For part of the meeting)

Dr Susan Pember (AoC, Governance Adviser) (For part of the meeting)

Graydon Thwaite, East Midlands Region NCN National Committee representative (From

01.08.13 to 31.07.16)

NCN/13/44 CHAIR’S BUSINESS

a. CHAIR:

Sheila Selwood, Co Vice-Chair, assumed the role of Chair in David Jackson’s

absence.

b. MEMBERSHIP:

The Committee thanked the following for their respective significant contributions to the

work of the National Committee and acknowledged that this would be their last

meeting:

Melvyn Cass

Claire Kay

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Welcomed to their first meeting:

Linda Barrett, Vice Chair of South East Region (who was representing Susan

Simpson and Melvyn Cass for this meeting only).

Siobhan Chester, Vice-Chair of the London Region. (Who was shadowing Natalie

Watt for this meeting only)

Graydon Thwaite, was taking over as the East Midlands Region NCN National

Committee representative from 01.08.13 to 31.07.16. (N.B. Claire Kay will however

continue to Chair the East Midlands Region Network meeting)

Richard Atkinson, who was representing the North East Region for this meeting only

since the Region had still not appointed one Chair but was rotating the Chair at each

National Committee meeting.

NCN/13/45 APOLOGIES FOR ABSENCE

Apologies were received from Melvyn Cass (Southern region); Lily Garth, South

West Region; Eleanor Lewis, Sixth Form Colleges’ Forum (Until January 2014); Susan

Simpson Southern Region(Chair From 01.08.13 until 31.07.16) (Representing Melvyn

Cass) and Selina Stewart, Programme Development Manager, LSIS.

NCN/13/46 DECLARATIONS OF INTEREST IN ANY ITEMS OF BUSINESS

None declared.

NCN/13/47 MINUTES OF THE LAST MEETING

CONSIDERED:

The minutes of the meeting held on 1 May 2013 (Paper NCNP/13/16) were approved

as a correct record.

NCN/13/48 MATTERS ARISING ON THE MINUTES NOT ADDRESSED ELSEWHERE

ON THE AGENDA

CONSIDERED:

The following matters arising and action points from the minutes of the last meeting:

a. Communications (NCN/13/21)

David Jackson had contacted BIS concerning communications and as a result a

teleconference had taken place between Bobbie McClelland (BIS); Gerry Swift

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(BIS); Linda Barrett (for the FE Clerks Jiscmail), David Jackson (for the NCN

National Committee) and Joanne Dean (AoC) on 8 July 2013. Linda fed back to

the Committee on the conversation.

The Minister had indicated a preference to communicate direct to Chairs, but via

Clerks to all Governors.

The theme of Communication is a strand to be picked up in Susan’s work.

Action: Dr Susan Pember

b. Martin Doel, AoC Chief Executive (NCN/13/26)

The transfer of information between LSIS and the AOC was still work in progress

Action: Peter Munday, LSIS

c. Issues arising from the Chief Executives presentation (NCN/13/27) - The

Education and Training Foundation (EFT)

Mark White had been appointed as the AoC Governor Representative on the

ETF Board. He reported that the first meeting had been on 8 July 2013 and that

‘Governance support is high on the ETF Agenda’.

d. LSIS Governance activities April to July 2013

Discussion took place on the LSIS Teaching and Learning Regional events the

AoC 5 June 2013 ‘Teaching and Learning - Governors role in an Ofsted

Inspection’ Conference..

Richard Atkinson reported that the LSIS event in the NE Region had proved very

popular and that there was a waiting list of delegates.

Action: Selina Stewart

e. Clerkship of sponsored academies (NCN/13/32)

Sheila Selwood summarised the responses that she had received from ACER,

Yorkshire and the Humber, East Midlands and the North East Regions since

raising this matter at the last meeting concerning demand for CPD for Clerks to

sponsored academies.

Sheila reported her intention to ensure that the

list of Academy Clerks development requests

would feed into any work NCN is involved in

in terms of the professional development of

Clerks. NCN

Claire Kay reported that East Midlands Region had not identified any specific

training but instead intended to have a self-help network of Academy Clerks to

whom they could look to for assistance and support.

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f. Foundation Code of Governance and the Governance Library (NCN/13/33)

The Governance Manager was attending the NCNC Sector Implementation Group

meeting with David Jackson and this item was deferred to the next meeting.

g. NUS Update (NCN/13/34)

Members indicated that as far as they were aware no SGSP benchmarking session

pilots had run in the regions in the Summer It was reported that Steve Coole had

moved from his substantive role into a one year maternity cover at NUS.

h. NCN Work-plan 2013 (NCN/13/36)

An update would be provided at the next meeting.

i. Joint Audit Code of Practice (JACOP) Part 2 (NCN/13/40)

See Finance below NCN13/52

j. Governance Briefings (NCN/13/15)

The Committee expressed its concern that more frequent AOC

briefings on Governance topics had not been forthcoming and

in light of the speed of developments these were considered

valuable. Action: Governance Manager and Assistant Chief

Executive

NCN/13/49 FINAL LSIS REPORT FOR NCN (11 to 31 JULY 2013

RECEIVED:

A final report from Selina Stewart, Programme Development, Manager, LSIS (Paper

NCNP/13/17) on activities until its dissolution.

NOTED:

AoC have given an expression of interest to the Education and Training and

Foundation for the LSIS Excellence Gateway

AGREED:

A series of case studies triggered by the ‘Clerking in the New Era’ research will be

completed prior to the dissolution of LSIS and sent to Kevin McGladdery for posting onto

the AoC Governance Library’.

Governance Manager

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The Committee commended Selina Stewart and LSIS colleagues on the value and

quality of work undertaken, particular under the difficult circumstances after the

announcement of the dissolution of LSIS.

NCN/13/50 GOVERNORS’ COUNCIL MEETING SUMMARY

RECEIVED:

A summary from the Council’s last meeting (Paper NCNP/13/18) on which Mark invited

questions.

DISCUSSED:

Mark saw the challenges for the Governors’ Council as being:

o How do its elected representatives communicate with their respective regions?

o How do individual Governors get to hear of the Councils activities?

o Addressing the inconsistent level of communication by elected Council members

to their constituents.

A discussion took place on the general workload of the Council and its need to raise its

profile further.

Sheila reported on the time commitment required by Council members given there were

six Council meetings, four Task Groups meeting and other ad hoc meetings e.g. with the

Minister, senior civil servants etc.

NCN/13/51 FOUNDATION CODE OF GOVERNANCE/GOVERNANCE

LIBRARY/GOVERNANCE PORTFOLIO GROUP

RECEIVED:

A verbal summary from the Governance Portfolio Group’s meeting on 2 July 2013

from its Chair Mark White.

NOTED:

A report from the Governance Manager on Phase one and two of the Governance Resource

Library was deferred to the next meeting in the absence of the Governance |Manager

DISCUSSED:

Foundation Code

Mark heralded the early stages of a review by the AoC Boards Governance Portfolio

Group of the English Colleges’ Foundation Code of Governance. He referenced the

Department for Business Innovation & Skills, ‘A Review of Further Education and

Sixth Form College Governance’ Report on findings and recommendations. July 2013

which has as a recommendation: ‘An early review of the Foundation Code to include clear

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expectations on the duration of governorships and chairmanships and to set out succession

planning based on corporate best practice’

Mark reminded the Group that the Code did not belong to AoC, but was in fact the product of

work by a number of organisations and that a review had been planned from its inception.

It was commented on that the work of the GPG was largely invisible Members called

for further clarity and communication around the Code and the work of the GPG.

The Committee noted that it had yet to receive the results of survey undertaken to

ascertain the level of Code take up.

Members reported that there were reports of a feeling of a lack of clarity surrounding

the ‘Audit and Accountability Annex to the Foundation Code of Governance.

A member queried the role of the Finance Directors in working through all of the

recent financial and audit changes with Clerks and Corporations which it would be

helpful to have greater clarity on.

Concerns over the Audit and Accountability Annex to the Foundation could

undermine the good work achieved by the Code.

The view was expressed that the Code had not emanated from a sector push, but a

central pull.

a. AoC Governance Library

NOTED:

Deferred until next meeting

Governance Manager

NCN/13/52 FINANCE

NOTED:

It had not proved possible for the Governance Manager to update the Committee as

planned on:

o The SFA Financial Memorandum.

o The EFA Financial Memorandum.

o JACOP.

o The Accounts direction.

Julian Gravatt, Claire Kay, Mike Cheetham, Partner, RSM Tenon and Joanne Dean

plan to meet with a view to putting on an event in the autumn term. There was

considered to be an urgent need to bring all of the requirements from, different

sources (Rigour and Responsiveness, JACOP etc. into one guidance note.

ACTION:

An urgent briefing explaining all the latest finance developments (JACOP’ SFA

financial Memorandum, EFA Financial Memorandum, the Accounts Direction,

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Regularity Audit, Model fees etc.) how they fit together and what Clerks need to do

was requested.

Assistant Chief Executive and Governance Manager

NCN/13/53 FE MODEL STUDENT UNION CONSTITUTION NUS/AoC/LSIS and NCN

RECEIVED:

The FE Model Student Union Constitution Biennial Review (Paper NCNP/13/19).

NOTED:

The NUS, AoC, and LSIS model constitutions are designed to support colleges and

students unions to review their governance structures, ensuring that practice is to

both legitimate and effective within college student engagement processes.

NUS, AoC and LSIS agreed to review the documentation on a biennial basis.

At the last NCN meeting David Jackson requested that NCN play a part in this

review.

Joanne Dean organised a joint NUS, AoC, LSIS and NCN meeting to undertake the

review at the end of the National Clerks Conference on 12 June. (N.B. LSIS have now

withdrawn from the process following its dissolution).

The concordat to provide a framework for the management of the model constitution

and all supporting documents for FE students unions were amended to reflect the

dissolution of LSIS and that the review would now take place was five years (instead

of two) unless triggered by a legislative change.

DISCUSSED:

A number of errors were spotted in usage table produced by NUS. ACTION:

Write to notify NUS of the errors.

Assistant Governance Manager and Helpline Adviser

NCN/13/54 REPORTS FROM NCN REGIONS/CO-OPTEES

CONSIDERED:

Reports from regions by their elected members

North West: Held an excellent and well attended (30 Clerks) development day on

17 May at Trafford College.

East Midlands: Numbers attending are increasing; a number of invited external

speakers gave well received presentations and there was a discussion around the

support needs of Clerks to Academies. Joanne Dean attended presented and took

questions.

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North West: Regrettably a sixth form event had been organised for the same day

as the Clerks Region Network so numbers of attendees were adversely affected.

A law firm gave a presentation on Charity law as it related to our sector and

Joanne Dean gave an update on AoC governance activity.

North East: Two new Clerks have joined the Network and Alan Dixon, Regional

Director has worked with them to offer support; Mike Cheetham RSM Tenon

gave an audit presentation and Joanne Dean gave a governance update. The

members were continuing to follow the ‘rotation model’ in respect of chairing the

regional meetings and attending NCN National Committee.

South East: A lively group and well attended meetings. Discussed teaching and

learning in relation to governance, charity law and communication protocols.

Eastern: Very well attended by Clerks; Selena Stewart and Joanne Dean joined

the Group to deliver updates; members would like to see practical workshops on

changes to articles and Instruments of Government (e.g. written resolutions,

quorums, audit arrangements); members enjoyed the National Clerks Conference

want it to be repeated next year (but preferably in Birmingham or London again);

some felt that AoC Create were good but expensive; one person asked what the

mechanism was for getting materials posted onto the Governance Library

London: The Chair promoted the importance of attending the National Clerks

National Conference; flagged the ‘Clerking in the new era’ research; there was a

consensus that the Governors’ Council need to raise their profile; Kevin

McGladdery attended and provided a much welcomed governance update.

NCN/13/55 AoC CREATE/NCN TRAINING & CONSULTANCY PROPOSAL

RECEIVED:

Consideration of the draft proposal (Paper NCN/13/20) to deliver two workshops and a

Conference was deferred pending Susan Pembers report.

AGREED:

To subsume work completed so far into the broader work being undertaken by Dr.

Susan Pember and the overall bid to the ETF arising from that.

NCN/13/56 THE CLERKS QUALIFICATION

RECEIVED:

A verbal report from David Jackson.

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NOTED:

AoC Create, LSIS and the EFT were in dialogue to ensure that the data needed to

ensure that students on the current Level 5 cohort would be able to complete their

course.

The Clerks qualification remains valid but should be reviewed prior to the next

cohort.

NCN/13/57 AoC NATIONAL CLERKS’ CONFERENCE, 12 JUNE 2013

RECEIVED:

The typed summaries of ‘the issues for NCN to take forward” from each round table

discussion” at the conference (NCNP PAPER 13/21).

CONSIDERED:

The very positive feedback that the delegates had given about the Conference.

A verbal reflection from David Jackson and members that had attended the

conference about the emerging issues of: communication protocols (with Clerks,

Chairs and Governors); mentoring and recruitment.

, The Chair felt that it would be helpful for the received document to be summarised

to facilitate more in depth discussion at the next meeting.

ACTION:

Volunteer to summarise the typed feedback.

Linda Barrett

NCN13/58 CONSTITUTIONAL MATTERS

RECEIVE:

A verbal report from the Chair succession planning.

AGREED:

Suggestions for co-opted members be forwarded to the NCN Chair by 31 August 2013.

NCN/13/59 ISSUES FOR FUTURE MEETINGS

None.

NCN/13/60 ANY OTHER BUSINESS

CONSIDERED:

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The FMCE

The FMCE was recognised as defunct. The Accountability Review although not a direct

replacement.

NCN/13/61 DR. SUSAN PEMBER, AoC GOVERNANCE ADVISER

RECEIVED:

The AoC ‘Progress Report on the Governance Review’ written by Dr Susan Pember on

her work to date and the next steps.

NOTED:

Dr Susan Pember has been engaged by the AoC, on behalf of the Governors’ Council to

consider the implications for Governors of the new freedoms agenda for Colleges and

private solutions on how governors can meet their new role. She introduced herself

giving a brief oral biography and explaining the triggers for her appointment as AoC

Governance Review Adviser and the framework she was adopting for the Review. The

review was due to be completed by September 2013 when it would be presented to the

AOC Board. and Governors Council.

DISCUSSED:

Communications was raised as a major issue. Susan explained that the Minister was

keen to communicate direct with Chairs. It was agreed that AoC communicated through

its nine Regions and Jiscmail was the place where Clerks went ‘to chat’ and use as a self-

help facility.

Susan drew attention to newsletters she intended to issue throughout the review and

the first newsletter had been sent via multiple routes including the AoC Chief

Executives Weekly Letter; NCN National Committee; Tweeted; LinkedIn. .

Attention was drawn to the SFAs Financial Memorandum which had not been issued in

an effective manner. Susan expressed the view that BIS/SFA should issue such

documents but that it was 300 pages long so needed to be accompanied by a summary.

Susan’s second Governance Review letter would be despatched later that day and

would ask: Are Clerks a useful gateway or a censor of communication? Is the

Governance system fit for purpose? Do Principals really want strong governance?

Susan expressed the view that whilst the Governors’ Council could promote their

activities more effectively, the majority were elected by their respective AoC Regions

which gave their voice legitimacy.

Members expressed the view that good governance was a whole organisational thing

and went beyond the Principal to the SMT. and encouraged Susan to have dialogue

with leadership team members.

. Susan commented that she felt that good governance was supported by good systems

and that if governors understood those systems it would help everyone.

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Susan said that she was talking to Chairs of Audit Committees, Chairs of Quality and

Standards Committees as well as senior leadership members beyond the Principal.

AGREED:

Susan acknowledged that the NCN National Committee had come a long way in the

past 18 months, but was at a crossroads and needed to decide whether it wished to

work differently and move forward as part of the new formal structure, or remain an

informal self-help Group. If it wished to move forward, what resources would it require

to do so? She left the Committee with the question ‘What role do you want to play?’

Which the Committee were charged with answering

NCN National Committee members

NCN/13/62 FUTURE ROLE OF NCN NATIONAL COMMITTEE

DISCUSSED:

Dr Susan Pember left the meeting and a debate ensued about the role that the NCN

National Committee wished to take.

AGREED:

The committee were agreed THAT:

They wished to be fully involved in the future development of Governance.

They value the Clerks Qualification and considered they had a key role to play in its

future development and oversight of its delivery.

They were committed to the development of a professional CPD Programme for

Clerks.

They fully supported the introduction of a mentoring programme for new Clerks.

They consider the Governance Library and the updating of the Governor training

materials to be essential:

They supported fortnightly, concise Governance Briefings.

o They required a better understand the respective roles of the Governance

Manager and the Assistant Governance Manager and Helpline Advisor.

o They regard as essential Summaries of key documents issued on governance.

o They consider On-going support both administrative and professional for the

NCN National Committee to enable the Committee to work effectively in this

area.

o A paid individual to undertake a feasibility study looking at appropriate

governance CPD programmes on behalf of the Committee.

o The Chair of NCN be fully supported to carry out the role.

. That the Chair would have delegated responsibility to take this forward on finance

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NCN/13/63 DATE OF NEXT MEETING, AND FUTURE MEETINGS

NOTED:

The next scheduled meetings will be held at 10.30am on Tuesday, 24 September 2013

in AoC’s Boardroom

CONSIDERED:

The following schedule of meetings for 2014 were considered and rejected:

1. Tuesday, 21 January 2014

2. Tuesday, 29 April 2014

3. Tuesday, 8 July 2014

4. Tuesday, 23 September 2014.

AGREED:

The Chair would work with AoC to see if it is feasible to hold additional NCN

National Committee Meetings close to the Governors’ Council Meetings cycle

Chair and Assistant Governance Manager and Helpline Adviser