Part 1 Non-Confidential Minutes Corporation Monday 12th December 2022 At City Hub, Nottingham, NG1 7HB

1.0 Welcome and Apologies 

045 The Chair welcomed all to the meeting. She congratulated the college, staff and learners on the recent Ofsted outcome. She highlighted the role played by members of ELT and by RP who acted as nominee, and thanked members of the Board who were involved in the inspection. She also highlighted the important contributions made by the previous Interim Principal and CEO Martin Sim and the consultants Lynne Craig and Teresa Kelly. The importance of the outcome to the ongoing development and success of the college was acknowledged. The report will follow shortly. 

046 Apologies were received from Angela Kandola and Caitlin Duffield.

2.0 Declarations of Interest

047 Interests declared: 

• JS
  • CEO/Principal Nottingham College
  • Trustee and Board Members of Skills and Education Group (SEG), awarding organisation and charity
  • Ofsted Inspector
  • Member of D2N2 LEP Principals’ Group
• LM 
  • Deputy Vice Chancellor (Student Development & Engagement), University of Lincoln 

No other declarations of interest were received in relation to matters on this agenda.

3.0 Minutes of the Previous Meeting 

3.1 Minutes 

048 The Board reviewed the non-confidential minutes from the previous meeting on 17th October 2022 (distributed as CORP.121222.002). The Board resolved that the minutes be approved as a true record. 

3.2 Written Resolution 

049 Governors noted that they had passed two written resolutions since the last Board meeting on 17th October (distributed as CORP.121222.003). These resolutions were: 

• to approve the Pay Policy. 14 votes were received in favour of the resolution. No votes against were received. The resolution was passed 
• to approve the updated Safeguarding Policy. 18 votes in favour were received. No votes against were received. The resolution was passed.

4.0 Actions and Matters Arising 

4.1 Action tracker 050 Governors reviewed the Open Action Tracker (distributed as CORP.121222.004). Action 1 from the meeting on 11th July, to arrange the risk session for Board, remains ongoing. RR confirmed this is being planned to take place at the Strategy Day on 21st January 2023. 

Action 1 from 17th October, to update on the completion of registers, is on this agenda and was confirmed complete. 

4.2 Matters arising 

051 There were no matters arising.

5.0 Financial Statements and Regularity Audit 

5.1 Financial Statements and Regularity Auditor’s Completion Report 

052 DH presented the audit completion report (distributed as CORP.121222.005). He confirmed that the outstanding points referred to at the recent audit committee had been satisfactorily completed and the final report was unqualified. He thanked AC and the finance team for their support in the completion of the required work. 

The Board resolved to approve the letters of representation. DH left the meeting. 

5.2 Audit Committee draft minutes and feedback

053 ST presented the feedback from the audit committee meeting held on 29th November (distributed as CORP.121222.006). AC emphasised the need for governors to have MFA, RR confirmed details would be shared following a planned meeting with the Director of MIS and IT. Governors were supportive of this.

5.3 Audit Committee Annual Report 

054 The Board received and noted the Audit Committee Annual Report (distributed as CORP.121222.008). It was noted that the Report will be submitted to the ESFA with the Annual Statements and Accounts. 

5.4 Annual Statements and Accounts for year ended 31st July 2022 

• 055 AC took governors through the Annual Statements and Accounts (distributed as CORP.121222.009). He confirmed that the accounts had been reviewed by Finance & Assets Committee and that Audit Committee had subsequently then reviewed the complete document and had recommended it to Board for approval. AC noted the addition of a £100k accrual to reflect the liability arising from the outcome the Harpur Trust case. The Board resolved to approve the Annual Statements and Accounts for signature by the Chair and JS as Accounting Officer ahead of submission to the ESFA. 5.5 ESFA Finance Record 

056 The Board resolved to approve the ESFA Finance Plan and its submission to the ESFA along with the Annual Statements and Accounts.

6.0 CEO/Principal Report and KPIs 

057 JS presented the report to the Board (distributed as CORP.121222.010). She took governors through the key points in the report: 

• reclassification of colleges by ONS. Some rules have changed immediately, others will change over the next 2 years with a College Financial Handbook planned for September 2023 to be effective from September 2024. There are implications for borrowing moving forward with colleges now falling under the ‘Managing Public Money’ rules. Benefits available to the school sector such as relief from VAT have not been conferred on the sector. JS highlighted a webinar being held by AoC and Stone King to provide further information. 
• FE given no additional funding in the Autumn Statement. 
• Ofsted inspection judgements subject to moderation ahead of publication of the report. College will receive the draft report to review for any inaccuracies. JS thanked all staff and learners. She noted the positive atmosphere in college following the outcome. 
• DfE appointments 
• East Midlands Combined County Authority (EMCCA) Devolution - JS highlighted the potential impact of the devolution of the adult skills budget and the need for colleges to collaborate. The Chair confirmed that the Board should respond directly to the ongoing consultation process. JS confirmed that the consultation process closes on 9th January and agreed to share the link with governors (Action JS). 
• T levels and defunding of level 3 qualifications 

058 Governors reviewed the KPIs. A governor queried the attrition rate, this is 8% and down on 21/22. A governor questioned the staff utilisation figure, JS confirmed that this is a year to date figure and AC confirmed that this is being monitored closely.

7.0 Teaching, Learning and Quality 

7.1 Deputy Principal Report 

059 MR highlighted the key points in his report (distributed as CORP.121222.011): 

• T level update 
• Overall achievement for 21/22 – improvement on previous year 
• KPI update. Retention and attendance are now a key focus. The impact of the economic climate on attendance has been noticed with learners missing college to attend work. 

060 Governors reviewed the additional report on unmarked registers and noted the actions in place. 

7.2 Learning and Quality Committee feedback and draft minutes 

061 PH took governors through summary of the Learning and Quality Committee meeting held on 21st November 2022 as she had chaired that meeting (distributed as CORP.121222.012). She highlighted the key issues arising from the discussions undertaken by the committee as stated in the report. 

7.3 SAR 21/22 and QIP 22/23 

062 RP presented the SAR 21/22, closed QIP 21/22 and QIP 22/23 (distributed as CORP.121222.013). She confirmed that the SAR was reflective of the position for 21/22 and noted that the impact of the systems and processes introduced is now evident. RP confirmed that the QIP had been reviewed as part of the inspection and that inspectors had confirmed the key objectives are appropriate. As recommended by the Learning and Quality Committee the Board resolved to approve the SAR and QIP. The Board noted that this will now be updated to reflect the areas for improvement identified by the inspection. 

7.4 Residential Accommodation Policy 

063 Governors reviewed the Residential Accommodation Policy (distributed as CORP.121222.014). A governor queried the learners that were offered accommodation, AC confirmed this related to apprentices on programmes at Ruddington. Governors raised further queries on the length of stays and ages of the learners. In accordance with the recommendation received from the Learning and Quality Committee the Board resolved to approve the policy.

7.5 Executive Director of Employer Services Report 

064 The Board received and reviewed the report (distributed as CORP.121222.015). LW highlighted the key points in the report. 

7.6 HE and OFS Compliance 

065 The Board received and reviewed the report (distributed as CORP.121222.016). 7.7 Governor Feedback on visits 

066 The report (distributed as CORP.121222.017) was noted by governors. The Chair thanked all link governors for undertaking visits in the autumn term.

8.0 Safeguarding 

067 The Board received and reviewed the Quarter 1 Report (distributed as CORP.121222.018). It was noted that this has been considered in detail at Learning and Quality Committee.

9.0 Finance and Assets Committee Feedback 

9.1 Finance and Assets Committee Feedback and draft minutes 

068 The Chair of the Committee presented the draft minutes from the meeting held on 28th November 2022 together with a summary report of the key points from the meeting (distributed as CORP.121222.019).

9.2 Management Accounts P3 

069 The Board received the management accounts for P3 (distributed as CORP.121222.020). AC noted the simplified format and inclusion of the new KPI slide. A governor queried the variance against budget and asked if this was due to the way the budget was phased and whether there would be any changes next year. AC confirmed that there was nothing to indicate that the budget would not be achieved at year end, he advised he was undecided as to whether he would alter the way the budget was phased moving forward noting this could create an over positive picture. Further queries on the position against budget were raised by governors. AC confirmed this would move closer to budget as the year progresses, he also highlighted a lag in the system capturing the AEB ALS income. A governor noted the variance in AEB income and the need to be watchful. AC noted the system lag. A governor queried the position with subcontracted delivery. AC confirmed that partner income is shown separately. 

070 Governors queried the agency cost. AC confirmed that agency staffing has been used to cover establishment vacancies where necessary. He noted that some posts have been hard to recruit to and remain unfilled, a lower spend on sessional staff than planned had helped to mitigate the impact of this spend. A governor noted the staff cost to income ratio was above budget and queried the reasons for this. AC noted that staff cost was higher at this point in the year. A governor queried if the ratio in the budget was achievable. AC confirmed that this would be delivered if the budgeted income were delivered, at this point this is achievable.

9.3 Health & Safety Annual Report 

071 Governors received the Health & Safety Annual Report (distributed as CORP.121222.021). At the request of the Finance and Assets Committee this includes the detail shared with the Health and Safety Committee. AU confirmed that as Health and Safety link governor he attends the Health and Safety Committee meetings, he noted the ongoing work to ensure that all processes in place before the pandemic are now back on track. Governors sought further detail on compliance issues as referred to in the report. AC confirmed that work was progressing in the right direction through the Heads of Centre who have responsibility for Health and Safety at their centres. He also highlighted the work of the Health and Safety team ensuring that the required culture was embedded. 

9.4 Health & Safety Policy 

072 Governors reviewed the Health and Safety Policy (distributed as CORP.121222.022). In accordance with the recommendation received from the Finance and Assets Committee the Board resolved to approve the policy.

10.0 Audit Committee Feedback 

10.1 Risk Management Report 

073 AC presented the report (distributed as CORP.121222.023). Governors noted the new risks added. AC confirmed that a session for the Board on risk appetite was being planned for the Strategy Day. 

10.2 Information Security Policy 

074 Governors reviewed the Information Security Policy (distributed as CORP.121222.024). In accordance with the recommendation received from the Audit Committee the Board resolved to approve the policy.

11.0 Workforce and Development Committee 

11.1 Workforce and Development Committee Feedback and draft minutes 

075 The Chair of the Committee presented the draft minutes from the meeting held on 28th November 2022 together with a summary report of the key points from the meeting (distributed as CORP.121222.025). A governor queried the progress of the migration to the new HR and payroll systems, AC confirmed that this is on track to be completed in April. A governor asked if this was reflected on the risk register, AC confirmed that it is. A governor queried the contingency if the new system were not ready to go live as planned. AC confirmed that negotiations are underway with the current provider to agree extension to the licence to ensure a sufficient period of overlap is in place. Contingency planning was queried by governors and discussed. 

11.2 Terms of Reference and Business Schedule 

076 Governors reviewed the Terms of Reference and Business Schedule (distributed as CORP.121222.026). In accordance with the recommendation received from the Workforce and Development Committee the Board resolved to approve both documents. 

11.3 LGPS Discretions Policy 

077 Governors reviewed the LGPS Discretions Policy (distributed as CORP.121222.027). In accordance with the recommendation received from the Workforce & Development Committee the Board resolved to approve the policy.

12.0 Governance Self-Assessment Report and Development Plan

078 The Board received the Governance Self-Assessment Report and Development Plan (distributed as CORP.121222.028). It was noted that the report was shared at this time for information and comment to RR via email. As previously the Governance and Search Committee will monitor progress against the Development Plan through 22/23. 079 A governor noted the positive impact of the addition of new committees in 21/22. A governor queried what the Board should be trying to achieve in terms of the diversity of membership. Governors considered the need to ensure diversity of membership whilst also ensuring that identified skills gaps were met through recruitment. Governors reflected on all aspects of diversity. A governor noted the success in her own organisation of engaging with a governor apprentice scheme. Governors highlighted the need for papers to be released in a timely manner. 

Action: RR - To liaise with LM to consider an apprentice governor scheme

080 The Board resolved to approve : 

• the report and agree that governance was ‘good’ in 21/22 
• the development plan and confirm that progress against the plan will be monitored by the Governance & Search Committee 
• the KPIs, to be monitored by the Governance & Search Committee

13.0 AOB 

081 There were no items of AOB.

14.0 Date of the Next Meeting 

082 The next scheduled meetings will be the strategy day on Saturday 21st January 2023 and the meeting on Monday 27th March 2023.