Minutes of a meeting of the board of Leicester College Corporation

Held on 14 December 2023

Present: Danielle Gillett (Chair), Neil McDougall, Zoe Allman, Louisa Poole, Chloe Bakewell, Robert Radford, Lesley Giles, Jackie Rossa*, Carol Goode*, Sophie Strevens-Robinson, Zubair Limbada, Lee Soden, Harmesh Manghra, Tom Wilson.

In Attendance: Louise Hazel - Director of Governance and Policy, Shabir Ismail - Deputy Principal, Gail Pringle - Head of Inclusion (item 4), Michael Smith - Director of Quality Improvement (item 5-6).

*Joined meeting online via Teams

1. Declaration of Interest

   • 1.1 Tom Wilson declared an interest in item 4, reference to St Philip’s Centre.

2. Apologies for absence

   • 2.1 Apologies for absence were received from Verity Hancock, Chloe Bakewell, Heather Powell, Chan Kataria, Sallyann Turner, Debi Donnarumma, Kully Sandhu and Della Sewell.

3. Minutes of the last meeting and matters arising

   • 3.1 Members of the Corporation received and approved the minutes of the meeting on 26 October 2023. 3.2 Members of the Corporation received and approved the confidential minutes of the meeting on 26 October 2023.

   • 3.3 Members of the Corporation received and approved the minutes of the Special meeting on 29 November 2023.

   • 3.4 Members of the Corporation received and approved the confidential minutes of the Special meeting on 29 November 2023.

   1. Equality Diversity and Inclusion Update

      • 4.1 The Head of Inclusion presented the EDI Annual Report for 2022/23. The following points were highlighted.

        • 4.1.1 The paper provided an annual report on how the College met the Public Sector Equality Duty 2010 and its general duties to both students and 2 staff and an update on progress with the EDI strategy.

        • 4.1.2 The National Census showed that Leicester was now an ethnic majority City. The College reflected this diversity in its student population although different sites had different levels of diversity largely a result of the curriculum offer on those sites. The staff profile should reflect the student population and work had been undertaken, and would continue, to address this.

        • 4.1.3 The College was capturing data more effectively to evidence the need for change and where to target support. Data on non-binary students was now available and there was a greater level of detail on types of disability recorded.

        • 4.1.4 The challenge going forward was to ensure staff had the knowledge and resources and the cultural competence to engage effectively with students.

      • 4.2 Governors made the following comments and asked a number of questions including:

        • 4.2.1 It was a very helpful report with a lot of useful data and analysis. It would be interesting to see trends in the data over time.

        • 4.2.2 The report and the data helped identify the scale of the need. Agreed; the College could now identify issues, for example the number of students with mental health issues, and that helped identify priorities. For the first time, the College had had to close the 16-18 learner support fund because of the huge demand. It was in dialogue with the Agency to try to unlock more funding but at the moment it could not vire between 16-18 and 19+ support funds.

        • 4.2.3 If the fund was closed down but someone was in real need, would they be supported? Each application was taken on a case by case basis and the College would support where there was critical need.

        • 4.2.4 What was being done to address the lower numbers of ethnic minority staff at higher levels in the College? The College recognised this and had commissioned a project with the Black Leadership Group to investigate reasons for this. The actions were picked up in the EDI Leadership Plan and this would remain an area of focus. A Reverse Mentoring Scheme with the ELT was about to launch.

        • 4.2.5 The Director of HR had previously reported to the Board on the work undertaken in this area.

        • 4.2.6 Mandatory training completion was at 93%; did this include the face to face training and why was it not higher? This included all training. The Director of HR would be asked for a response on this.

        • 4.2.7 As better data became available, were there any plans to look at the intersectionality of protected characteristics? This was the intention over the next couple of years. More work would also be done to investigate which groups were accessing student services and what this meant for other groups.

        • 4.2.8 It would be helpful to think about who the College might want to benchmark itself against. The College was large and diverse and so it was hard to identify suitable benchmarks. There were good links with other EDI professionals in other colleges and this was proving helpful.

        • 4.2.9 There were lots of actions and plans; was there a collective 3 understanding of all the combined actions? The ELT understood the plans and showed real commitment. The Principal chaired the EDI Committee which had representation from across the College and students. It was robust in its challenge and questioning. A lot of the findings and actions were now being moved into operational processes and would be monitored through the strategic plan KPIs. There was much that could be done but only a limited resource and so some of the actions would take several years to complete.

        • 4.2.10 How were priorities decided on? The Head of Inclusion and team would make recommendations based on where there were identified gaps and needs and ELT would consider and agree them.

        • 4.2.11 There were particularly low levels of participation in some apprenticeships, it was possible to set targets but some of this might be due to be cultural issues. Agreed; the issues were different in different areas and it was easier to set and achieve targets in some areas.

      • 4.3 The Head of Inclusion then presented the findings of the Hear My Voice Project. The following points were highlighted.

        • 4.3.1 The project had been commissioned following slightly less positive feedback from Black and mixed race students in student surveys. Kainé Management was commissioned to provide a degree of independence from the College.

        • 4.3.2 118 students participated out of a potential cohort of around 1,000 students describing themselves as Black. After some initial mistrust, students had been keen to engage.

        • 4.3.3 The report focussed on the complexity of a Black identity. It found that some Black students identified more with their country of origin rather than their race. Students reported that some staff were indifferent to their racial identity and staff from diverse backgrounds themselves had a better connection and understanding of Black students and their experiences. Staff were perceived as being very supportive to student needs and student confidence in the complaints process was high.

        • 4.3.4 Recommendations for action included taking positive steps to address racial imbalances in recruitment, particularly in recruiting Black staff members; training staff to attain ‘cultural competence’; and further work with students to organise their own cultural events to promote better engagement by all groups.

        • 4.3.5 A feedback session earlier in the week had been very positive with students keen to engage in further activity.

        • 4.3.6 The findings had been disseminated to the College Leadership Team and a summary would be produced for students and all staff.

        • 4.3.7 The College would be the first in the East Midlands to participate in the Leaders Unlocked programme which supported students to undertake their own research.

        • 4.3.8 A similar project would be run to hear the voices of disabled students.

      • 4.4 Governors made the following comments and asked a number of questions including:

        • 4.4.1 It was heartening to see what the Student Union (SU) was doing; they were very engaged and wanted to push forward.

        • 4.4.2 Would further investment be made in future projects with Kainé? Future projects would be picked up with different specialist organisations and with the Leaders Unlocked programme.

        • 4.4.3 [Student Governor] had joined the SU because she wanted to be there as a mature black student, to provide someone to talk to for older students of colour. There had been good participation in the project by older students who did not always have the opportunity to have their voices heard.

        • 4.4.4 The element of mistrust at the start of the project was perhaps something to think about for future projects. Agreed; for there to be honest responses, there needed to be trust in the process.

        • 4.4.5 Was there a danger that once the project was completed, it was parked and nothing further done? Leaders Unlocked would enable the research to be repeated with a new cohort of students with the aim that it become a rolling programme. Data would help to identify the main issues that needed to be addressed; this would also help explain to different groups why certain priorities had been identified. As much as possible would be embedded in systems and processes but where the data showed that a deep dive was needed, that would be done.

      • 4.5 The Deputy Principal presented the EDI Leadership Action Plan. The following points were highlighted.

        • 4.5.1 After the project and report on the position of EDI practice within Leicester College, the Black Leadership Group (BLG) made recommendations for action relating to Staff, Curriculum, Culture and Climate. The ELT had identified actions against the recommendations and had monitored progress regularly through the leadership action plan.

        • 4.5.2 A range of strategies had been used to attract ethnically diverse talent and encourage internal promotion. The data showed the College was moving in the right direction but this would take a while given the low turnover. Half of the participants in the Emerging Leaders Programme were Black.

        • 4.5.3 The curriculum resources development tool was being rolled out.

        • 4.5.4 There were currently no significant achievement gaps between student groups other than those between 16-19 and 19+ students which were not comparable in terms of course length.

      • 4.6 Governors made the following comments and asked a number of questions including:

        • 4.6.1 The fact that the College was doing things differently and that it was hard to find comparators was not necessarily a bad thing. Because of the constant new cohorts there had to be an aspiration that much of this became business as usual.

        • 4.6.2 Would it be helpful to work with each new cohort to explain the College’s action and position? More work could be done with the SU.

        • 4.6.3 What would happen now? The actions were filtered down and being embedded in departmental and operational plans.

      • 4.7 Members of the Corporation:

        • 4.7.1 Received the EDI Annual Report 2022/23.

        • 4.7.2 Noted the Hear My Voice Project Report.

        • 4.7.3 Noted completion of the EDI Leadership Action Plan.

4. Ofsted Inspection Report

   • 5.1 The Deputy Principal gave feedback on the recent Ofsted inspection. The following points were highlighted.

     • 5.1.1 The inspection had assessed the College to be Good in all areas. This reflected the College’s own judgment of itself.

       5.1.2 There were lots of positive comments in the report including about the student experience.

       5.1.3 Areas for improvement were attendance; ensuring high needs students had challenging targets; further training for some staff on curriculum planning; and improving functional skills achievement. These would be included in the QIP.

   • 5.2 The Chair of CSQI commented that this was a good report. It was a bit disappointing that it did not reflect the depth and the strength of the College or all of the positives which had been reported in the feedback but that was a factor of Ofsted’s reporting style.

   • 5.3 Governors made the following comments asked a number of questions including:

     • 5.3.1 It was an excellent report but did not reflect all the good practice evident in the College. The extent of the stress that the process placed on staff was noted.

     • 5.3.2 There was no reference to T levels; it was a bland report. The College clearly made a strong contribution to meeting skills needs but this was not reflected.

     • 5.3.3 The Ofsted deep dive process inevitably focused on discrete areas with a deep but narrow sample and inspectors would not have seen all of the College’s work.

     • 5.3.4 Was there an opportunity to feedback on the process? Given the new leadership at Ofsted was there potential to influence change?

     • 5.3.5 Clarity about the purpose of the no-notice inspection was also needed. What was it intended to achieve?

     • 5.3.6 Safeguarding was judged to be effective but this did not reflect that it underpinned everything. Agreed; it could only be effective or not effective. The inspector had been very impressed and there had been positive comments during the feedback.

   • 5.4 Members of the Corporation noted the Ofsted report. They thanked the ELT and particularly the VPs for their leadership and congratulated all staff on the very good result.

5. Quality Improvement

   • 6.1 The Director of Quality Improvement presented a review of progress with the Quality Improvement Strategy. The following points were highlighted.

     • 6.1.1 The action plan for 2023/24 highlighted that at this stage in the year many of the themes were in progress but not yet fully complete.

     • 6.1.2 Theme 1 was making good progress and there was ongoing CPD, coaching and training.

     • 6.1.3 Theme 2 was in progress with further testing to take place through viewings and deep dives. This would identify the impact of CPD within the themes identified.

     • 6.1.4 Theme 3 was making very good progress. The new central point for IQA was online with support activities having taken place or been arranged. Further audit activities would take place before Christmas to enable further support. The approach was viewed as good practice.

     • 6.1.5 Theme 4 was in progress. Steering groups had been established to support and develop the digital platforms in terms of use, accessibility, to enhance TLA and to support innovation such as the introduction of AI or new learning platforms.

   • 6.2 Governors asked a number of questions including:

     • 6.2.1 Was the Director confident that all actions from the Ofsted inspection had been captured in the QIP? Yes. The QIP would be monitored by CSQI.

     • 6.2.2 Were there any concerns about the extent of the amber and red actions? No, these were rated as such because of timing in that they had not yet taken place, or their impact was not yet evident.

     • 6.2.3 It might be worth reviewing the RAG rating; if actions were on track, they should be green but any that were red might need the associated actions reviewing. Noted.

     • 6.2.4 Why did this strategy sit separately from the QIP? The QIP provided more detail; this was about teaching and learning and the QIP might include other cross-College issues. The strategy had been developed as part of the three year Strategic Plan and although things had moved on since it was written, it was important that governors were given an update on progress.

   • 6.3 The Director of Quality Improvement presented the Self-Assessment Report (SAR). The following points were highlighted.

     • 6.3.1 The SAR reflected and was in line with the Ofsted outcome. It had been discussed by CSQI.

     • 6.3.2 Ambitions for areas of improvement were highlighted including where the College could move towards outstanding.

     • 6.3.3 Attendance was an issue.

     • 6.3.4 EDI was a strength and there would be more opportunities to engage more students in enrichment activities.

   • 6.4 Governors made the following comments:

     • 6.4.1 CSQI had considered the draft SAR and provided some detailed technical feedback. It was an accurate report and reflected the Ofsted findings.

     • 6.4.2 It was encouraging to see the overall assessment of Good and to have that validated by the Ofsted inspection.

     • 6.4.3 The impact on people’s lives needed to be better reflected. It might be helpful to think about writing SARs for students, employers and parents.

     • 6.4.4 In terms of future proofing, what opportunity was there to make sure the College was up to date with developments such as the Advanced British Standard consultation and the impact on T levels? A lot of this was in its infancy but would be monitored and discussed as part of the development of the new Strategic Plan.

   • 6.5 Members of the Corporation noted the progress report on the Quality Improvement Strategy and approved the Self-Assessment Report.

6. Progress report on operating system

   • 7.1 The Deputy Principal presented a report on progress with the Operating Statement. The following points were highlighted.

     • 7.1.1 Several of the areas described in the paper had been reported during the meeting.

     • 7.1.2 Highlights included good enrolment and the impact on the financial position and the positive Ofsted outcome.

     • 7.1.3 The financial position remained a concern although the deficit was reducing. The ability to recruit some staff was also an ongoing issue although one that affected the whole sector.

   • 7.2 Members of the Corporation noted the progress report on the Operating Statement.

7. Audit Committee annual report

   • 8.1 Chair of the Audit Committee presented the Committee’s annual report. The following points were highlighted.

     • 8.1.1 It was felt that the Committee had a good and diverse range of skills and this helped to provide robust challenge.

     • 8.1.2 The approach was similar to previous years with internal audit provided by RSM and external audit by KPMG. No formal internal audit opinion was provided but the approach taken enabled the Committee to have more flexibility in its work.

     • 8.1.3 The Committee had received a wide range of reports and reviews from across the College. It had reviewed the risk register at each meeting. This had helped identify where the committee and internal audit and external reviews should be focussed.

     • 8.1.4 A lot of discussion had taken place around apprenticeships following 8 an internal audit. This had highlighted some housekeeping issues which had been addressed through an action plan; this would remain an area of focus.

     • 8.1.5 Assurance had been taken from the outcome of the work of internal and external audit, external reviews and management’s monitoring, review and challenge in ensuring the quality of data submitted to regulatory bodies. None of the audits or reviews has identified any concerns in respect of data quality.

     • 8.1.6 FE Commissioner reports and other benchmarking reports had been reviewed and provided assurance that the College was following good practice.

     • 8.1.7 There had been a clean audit report with no management recommendations.

     • 8.1.8 Work had been undertaken during the year to review and adapt the approach to risk management. This was now being used and would be adapted if needed.

     • 8.1.9 In view of the range of reviews and the assurance provided by the internal and external audits and the external reviews, and its own selfassessment, the Committee took that view that it had been given assurance of the adequacy and effectiveness of the College’s systems and arrangements for risk management, control and governance processes and, for securing economy, efficiency and effectiveness and the safeguarding of assets.

   • 8.2 Governors made the following comments:

     • 8.2.1 The Audit Committee was thanked for its work and the comprehensive report.

     • 8.2.2 It was good to see the quality issues associated with High Needs being picked up.

   • 8.3 Members of the Corporation noted and received the Audit Committee Annual Report.

8. Financial Statement

   • 9.1 The Deputy Principal presented the report and financial statements for year ended 31 July 2023. The following points were highlighted. 9.1.1 The Audit Highlights and Management Report had previously been discussed by the Audit Committee and Corporation. All outstanding matters had now been addressed.

     • 9.1.2 There were no concerns, audit misstatements, control deficiencies or issues identified in the regularity audit.

     • 9.1.3 The College’s EBITDA was a deficit of £897,000 excluding the impact of FRS102 pension adjustments. This was achieved against a deficit budget of £514,000 (excluding FRS102 pension adjustments). The College out turned a deficit of £2,216,000, before restructuring and pension adjustments.

     • 9.1.4 The College would not meet all aspects of its financial objectives. However, it had a financial health status of ‘Requires Improvement’.

     • 9.1.5 The Audit Completion Report had been received. All outstanding matters had now been addressed.

   • 9.2 The Chair commented that F&GP had reviewed the statements in detail.

   • 9.3 The Chair of the Audit Committee noted that the additional information on ISA 315 requested had now been included by KPMG. There were no adjustments and no recommendations.

   • 9.4 Members of the Corporation:

     • 9.4.1 Approved the Report and Financial Statements for Year Ended 31 July 2023.

     • 9.4.2 Received the Audit Completion report.

     • 9.4.3 Approved the Letter of Representation.

9. Finance report (period 3) and autumn reforecast

   • 10.1 The Deputy Principal presented the finance report (period 3) and Autumn reforecast. The following points were highlighted.

     • 10.1.1 The year to date result was an operating surplus after restructuring costs of £689k compared to the budgeted surplus of £622k.

     • 10.1.2 16-18 learner responsive learner numbers were above allocation by 220 students at R04. Subject to withdrawals, this should result in additional in-year growth funding and would also have a positive impact on next year’s allocation. No in-year growth funding had been included at this stage. This would follow the R06 and would be factored into the spring reforecast along with the T level clawback.

     • 10.1.3 Predicting the AEB outturn was difficult but indications were that the College would achieve its AEB target. The data return showed a 24% increase compared to the same point last year.

     • 10.1.4 Apprenticeship income was currently slightly above target with income levels forecast to be £150k above the original budget.

     • 10.1.5 HE recruitment was below target and this was expected to result in an overall decrease in income of £89k.

     • 10.1.6 An autumn reforecast had been undertaken. Overall, the expected Total Comprehensive Income after restructuring costs had increased by £502k, from a deficit of £1,448k to a deficit of £946k. Key movements were outlined. The College had used all of the additional funding provided in July to meet an increased pay award; the total cost of the 6.5% award was £2.3 million. There were pressures on non-pay as a result of the increased student numbers.

     • 10.1.7 The College would meet its bank covenants following the autumn reforecast although this remained very sensitive to adverse movements. The bank had been provided with the accounts and understood the sensitivity. Following the spring reforecast, if it looked as if the College would breach covenants, Santander would look into providing a waiver. 10.2 In response to a question as to whether the College would remain in the RequireV Improvement category, it was confirmed that it would.

   • 10.3 The Chair commented that F&GP had reviewed the finance report in detail. It followed on from the discussion around the recovery plan and showed a prudent approach. There might be more positive movements but this would be confirmed in the spring reforecast.

   • 10.4 Members of the Corporation noted the Period 3 finance report and approved the autumn reforecast.

10. Recovery plan update

    • 11.1 The Deputy Principal gave an update on the recovery plan. The following points were highlighted.

      • 1.1.1 Further work on HE contribution rates had been completed; this showed a movement from 17% to 25%. However because fees were capped, contribution rates remained challenging.

      • 11.1.2 An initial indicative budget for 2024/25 was presented. This had significant health warnings but showed the potential to achieve a breakeven position without the need for the efficiencies in pay and non-pay originally identified.

      • 11.1.3 Further work would be undertaken and a discussion about the level of surplus required would take place.

    • 11.2 Governors made a number of comments and asked the following questions including:

      • 11.2.1 Would this be discussed further at F&GP? It would.

      • 11.2.2 This remained a prudent approach? It did; AEB was still uncertain and because of the number of additional students, the associated resources required, including the additional support needs of many students, would need to be kept under review. As discussed earlier, non-pay would need to be monitored carefully.

    • 11.3 Members of the Corporation noted the update.

11. Modern day slavery transparency statement

    • 12.1 The Director of Governance and Policy presented the Modern Slavery Act Transparency Statement. The following points were highlighted.

      • 12.1.1 The College was required to publish a Transparency Statement.

      • 12.1.2 There had been no reports of slavery or trafficking during the past year. The College had kept in touch with the local authority and other services.

      • 12.1.3 The new safeguarding training now included specific reference to modern slavery and human trafficking and alerted staff to the potential safeguarding risks.

    • 12.2 Governors asked the following questions including:

      • 12.2.1 Why there was reference to the moderation of footwear provision in India? The industry was vulnerable to modern slavery and so was highlighted in the statement.

      • 12.2.2 Where were reports on the moderation taken? This would be looked into.

      • 12.2.3 Was this published on the website in this form? Could it be slimmed down? It was published in this form; it did not contain any information which was not readily available and was similar to other colleges’ statements.

    • 12.3 Members of the Corporation approved the Modern Slavery Transparency Statement.

12. Governor visits reports and other feedback

    • 13.1 The Chair invited governors who had recently visited the College to report on their visits. The following points were highlighted.

      • 13.1.1 The visits had been very positive and helpful. All governors were encouraged to undertake visits and speak to students and staff.

      • 13.2 Members of the Corporation noted the visit reports.

13. Any other business

    • 14.1 There was no other business.

14. Stakeholder engagement update

    • 15.1 Members of the Corporation received and noted the update on stakeholder engagement.

15. Pay gaps

    • 16.1 Members of the Corporation received and noted the report on Pay Gaps.

16. Item from audit committee: Risk management update

    • 17.1 Members of the Corporation received and noted the Risk Management Update.

17. Complaints report

    • 18.1 Members of the Corporation received and noted the Complaints Report.

18. Governor appointments

    • 19.1 Members of the Corporation received and noted the report on governor appointments.

19. Dates of future meetings

    • 25 January 2024 – Development session online

    • 21 March 2024

    • 7/8 June 2024 – Away Days

    • 3 July 2024