Minutes of a meeting of the board of Leicester College Corporation

Held on 26 October 2023

Present: Danielle Gillett (Chair), Zubair Limbada, Zoe Allman, Harmesh Manghra, Lisa Armitage, Robert Radford, Shaun Curtis, Jackie Rossa, Lesley Giles, Lee Soden, Verity Hancock, Sallyann Turner*, Chan Kataria*, Tom Wilson (Chair – items 1-3).

In Attendance: Debi Donnarumma - Vice Principal, Louise Hazel - Director of Governance and Policy, Shabir Ismail - Deputy Principal, Kully Sandhu - Vice Principal, Della Sewell - Director of HR, Zoé Butler - Director of Student Services and Marketing (item 4).

*Joined meeting online via Teams

1. Declaration of Interest

   • 1.1 The following declarations of interest were made:

     • 1.1.1 Members of staff in item 8.

     • 1.1.2 Members of the ELT in item 9.

     • 1.1.3 Verity Hancock in item 16 as a Trustee of the National Space Centre.

     • 1.1.4 Governors in item 20.

2. Apologies for absence

   • 2.1 Apologies for absence were received from Louisa Poole, Neil McDougall and Jai Sharda. It was reported that Nicola Gonsalves had resigned from the Board.

3. Minutes of the last meeting and matters arising

   • 3.1 Members of the Corporation received and approved the minutes of the meeting on 6 July 2023.

   • 3.2 Members of the Corporation received and approved the confidential minutes of the meeting on 6 July 2023.

   • 3.3 Members of the Corporation received an update on actions arising from the away day.

   • 3.4 Governors asked the following questions:

     • 3.4.1 Would an update on progress with the actions be provided? It would; several actions would be addressed through the curriculum planning process and the development of the budget for 2024/25.

     • 3.4.2 What was the significance of 42 days? Any withdrawals during this time would not impact on retention; students could still withdraw after this but this would impact. Danielle Gillett joined the meeting.

4. Safeguarding

   • 4.1 The Director of Student Services and Marketing presented the Safeguarding Annual Report. The following points were highlighted.

     • 4.1.1 The report referenced the change in Designated Safeguarding Lead (DSL). There was also an Executive safeguarding lead, a Deputy DSL and five Designated Safeguarding Officers (DSOs).

     • 4.1.2 Extensive staff development had taken place during the year to promote a safeguarding culture across the College.

     • 4.1.3 During the Ofsted inspection, students had reported that they felt safe, they knew what to do if they had concerns about their safety and had confidence that issues would be actioned.

     • 4.1.4 The mandatory staff training which had been updated and made College-specific had been well received.

     • 4.1.5 There was a very experienced team who constantly updated their knowledge and practice. Members of the team had developed their own specialisms and also tapped into external networks. The team also now had access to external supervision arrangements where they could access support; this was well used.

     • 4.1.6 There were 646 safeguarding referrals in 2022/23 relating to 550 students. This compared with 360 in the previous year. The number of referrals was felt to be more reflective of the size of the College. The introduction of Smoothwall in January 2023 also added to the numbers of referrals. Of all the referrals, Mental Health continued to make up the largest proportion.

     • 4.1.7 The gender split for 2022/23 showed a shift to more males than females. This had been influenced by the implementation of Smoothwall with more males now being flagged for inappropriate content such as searching for porn and offensive language.

     • 4.1.8 The age split for referrals remained similar to previous years, with more 16-19s being referred than 19+.

     • 4.1.9 The number of care experienced children had increased significantly and was expected to increase further. All received mentoring support and the College worked well with Virtual Schools. There was an increase in the number of unaccompanied young asylum seekers. Transition events for 150 young people had been held during the summer which had been well received but there was still work to do on transition. Students who were known to be vulnerable including with mental health issues had been supported over the summer.

     • 4.1.10 Plans for 2023/24 were outlined.

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

     • 4.2.1 Whether it was possible to show the number of referrals by campus. This would be looked into.

     • 4.2.2 Whether data by ethnicity was produced. This was included in the report.

     • 4.2.3 Having five DSOs was very positive. It was. Additional staff were also trained to help and support which meant that the safeguarding team could concentrate on more complex cases.

     • 4.2.4 The revised training which governors had also completed was very good and the volumes of referrals showed that there was good awareness amongst staff. Was the team able to resource the number of referrals? The team was able to resource the number of referrals; if there were any concerns about this, the DSL would raise it with the Deputy Principal as ELT safeguarding lead. The work to increase staff confidence and awareness actually meant there were now 1,100 people who were able to respond to safeguarding concerns and that helped the dedicated safeguarding team. The ELT was also fully supportive.

     • 4.2.5 Had Ofsted reported a ‘culture of safeguarding’? These words were not used in the draft report; safeguarding was judged to be ‘effective’. However in feedback, inspectors had indicated that safeguarding was strong.

     • 4.2.6 A recent governor visit had confirmed that safeguarding information was integrated into the lesson. Noted.

   • 4.3 The safeguarding lead governor commented that the Safeguarding Committee worked very effectively and staff, including more junior staff, felt able to challenge senior staff.

   • 4.4 The Director of Student Services and Marketing presented the main changes to Keeping Children Safe in Education (KCSIE). The following points were highlighted.

     • 4.4.1 Key changes included the addition of guidance on staff training to include online safety and in particular an understanding of filtering and monitoring. The staff training had been updated to reflect this.

     • 4.4.2 There was clarification that it was good practice to inform shortlisted candidates that online searches will be carried out.

     • 4.4.3 It was confirmed that should there be any safeguarding concerns relating to an outside organisation, the College’s own safeguarding procedures should be followed, including informing the LADO.

   • 4.5 The Director of Student Services and Marketing then presented the revised Safeguarding and Prevent Policy. There were no major changes other than the inclusion of references to online safety and filtering and monitoring as required by KCSIE.

   • 4.6 In response to a question as to whether paragraph 4.1.2 relating to investigations should also include the ELT safeguarding lead, it was confirmed 4 that it should and this would be added.

   • 4.7 Members of the Corporation:

     • 4.7.1 Received the Safeguarding Report for 2022/23.

     • 4.7.2 Noted the changes to KCSIE.

     • 4.7.3 Approved the Safeguarding and Prevent Policy.

5. Ofsted inspection feedback

   • 5.1 The 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 The draft report had been received and would be published within a few weeks.

     • 5.1.3 The new Director of Quality Improvement would shortly be joining the College and would be looking at how the College could push towards outstanding. It was felt that the Good rather than Outstanding judgment had been because in a very few cases, inspectors had seen less than good teaching and attendance in some classes had not been good.

     • 5.1.4 The College was judged to make a ‘reasonable’ contribution to meeting local skills needs. Although some very impressive conversations with stakeholders had taken place, because not every course had employer involvement in its design, the judgement could not be ‘strong’.

     • 5.1.5 The Vice Principals were thanked for their contributions as nominees during the inspection. It had been very well managed.

     • 5.1.6 Many positive comments particularly about the student experience and the expertise of staff were highlighted. There were also positive comments about governors, their involvement in and knowledge of the College.

     • 5.1.7 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 Governors asked a number of questions including:

     • 5.2.1 Had the student, employer and staff surveys been conducted? They had with very positive responses, in the high 90% for all questions. Around 600 students had responded.

     • 5.2.2 What would happen next? Once the report was published, the College would be able to use it for marketing. The new Director of Quality Improvement and the Vice Principals would be looking at what the next actions should be; almost everything identified was already in the QIP. The Quality Calendar would be amended slightly to reflect that some people had been thoroughly viewed by Ofsted and so did not need further viewing.

     • 5.2.3 The inspectors had not visited Construction? No, they had agreed not to given the extensive staffing issues. Construction apprenticeship 5 provision was inspected however.

     • 5.2.4 Were notes of all the discussions with inspectors kept? They might be more helpful in some ways than the report. A log of all comments from inspectors had been kept.

     • 5.2.5 Governors had felt well-prepared for the inspection and had productive and confident conversations with the inspectors.

   • 5.3 Members of the Corporation noted the feedback. They thanked the ELT for their leadership and congratulated all staff on working together to achieve a very good result.

6. Recruitment and enrolment report

   • 6.1 The Principal gave an update on enrolment. The following points were highlighted.

     • 6.1.1 Enrolment had gone well. 16-18 numbers were currently over allocation by 200 but this would reduce as withdrawals were processed; these had been delayed by the Ofsted inspection. There was still a lot of movement as the College continued enrolling up to half term.

     • 6.1.2 Apprenticeships were recruiting well; the team was confident that it would hit the September target.

     • 6.1.3 Adult enrolment was £500k up on the same point in the previous year but it was too early to say whether this would continue throughout the year.

     • 6.1.4 HE recruitment was slow, as usual, and slightly below target although there might be some drop out.

   • 6.2 Governors asked a number of questions including:

     • 6.2.1 When might there be more certainty about recruitment? After the 42 day cut off, there would be more certainty about 16-18. Adult recruitment continued throughout the year and remained uncertain.

     • 6.2.2 What was T level recruitment looking like? It was disappointing, largely because of the number of people who had not achieved English and Maths and could not progress as planned. Recruitment was currently 90 below target; the College would not meet its target because of this and so there would be clawback of around £150k. Progression from Level 2 onto T levels next year would be crucial.

     • 6.2.3 How helpful or unhelpful was the Government’s announcement about the Advanced British Standard and what impact might that have? The College was going to ignore it and continue recruiting onto T levels. There was a lot of curriculum reform at levels 2 and 3 but the College needed to keep the focus on a destinations-led curriculum. The announcement would not help build confidence in the qualifications but there was not cross-party support for the plans.

   • 6.3 Members of the Corporation noted the update on enrolment.

7. Finance report (period 12)

   • 7.1 The Deputy Principal presented the finance report (period 12). The following points were highlighted.

     • 7.1.1 The report had been considered at F&GP; it was backward looking and showed that the final position was close to that expected. Work continued on the draft accounts and the final position was subject to the external audit review which was being undertaken. It was unlikely there would be any significant changes to the year-end position.

     • 7.1.2 The year to date result was an operating deficit after restructuring costs of £2,557k compared to the budgeted deficit of £2,361k.

     • 7.1.3 16-18 learner responsive learner numbers were above allocation by 94 students. However, due to the mix of students recruited, the funding allocations had been reduced in year by £171k.

     • 7.1.4 The College had fallen short of the AEB allocation by 11%. The performance was, however, £576k higher than predicted at the summer reforecast due to more classroom based activity during the summer term; this trend was continuing into 2023/24.

     • 7.1.5 Apprenticeship income was below target by £171k. The number of end point assessments undertaken towards the end of the year was below that expected.

     • 7.1.6 Although the College had not met its bank covenants for the year, a waiver had been provided so there were no issues in terms of going concern.

     • 7.1.7 Restructuring costs had been higher than expected. These figures excluded FRS102 pension adjustments relating to enhanced pensions and the Local Government Pension Scheme. There had been a gain but this would show as a nil effect so the figures in the financial statements would be different.

     • 7.1.8 The College’s financial health remained in the ‘requires improvement’ category at 150 points. The cash position was still strong.

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

     • 7.2.1 It was good to know that the bank was on side and that cash days were being managed well. To confirm, was it not possible to take the pension credit into the I&E? Correct.

     • 7.2.2 Could a note be included in the accounts to explain the pensions gain? It could.

     • 7.2.3 The description of capital projects showed that projects were being delivered on time and to budget. The Director of Estates was thanked for managing a large portfolio of projects so successfully.

   • 7.3 The Chair commented that F&GP had looked at the finance report in detail. The outturn was where it was expected to be based on the reforecasts. A conversation with the bank account manager confirmed that Santander remained exceptionally supportive. It had no intention of retreating from the FE market. The reclassification of colleges had softened the bank’s view on waiving covenants, reflecting the reduced risk to them. This change in position might also change the Corporation’s own view on covenants and the risk attached to them. Noted. Discussions with the bank would be over a further one or two year waiver of the covenants.

   • 7.4 Members of the Corporation noted the Period 12 finance report. Lisa Armitage, Shaun Curtis, Debi Donnarumma and Kully Sandhu left the meeting.

8. Additional funding - confidential

   Verity Hancock, Louise Hazel and Shabir Ismail left the meeting.

9. Senior postholder remuneration and annual report - confidential

   Members of staff re-joined the meeting.

10. Freedom of speech policy

    • 10.1 The Director of Governance and Policy presented the Freedom of Speech Policy. The following points were highlighted.

      • 10.1.1 The Higher Education (Freedom of Speech) Act 2023 placed a duty on governing bodies of higher education (HE) providers to take steps to secure freedom of speech for staff, members and students of the provider, and visiting speakers.

      • 10.1.2 Keeping Children Safe in Education included the need for consideration of the suitability of any external organisations who might be invited to speak on their premises. The Prevent Duty also required that colleges consider the extent to which any external speakers and events held posed a risk of radicalising learners into terrorism.

      • 10.1.3 The proposed new policy, which replaced the existing Freedom of Expression Policy, had been revised with legal advice and reflected the requirements of the Act, other duties and the expectations of the OfS.

    • 10.2 In response to a comment that some groups used false names to book venues, it was confirmed that the College took very few external bookings and most external speakers would be by invitation. The Director of Student Services reviewed all requests for external speakers; however the College would need to be alert to any possible false names being used for bookings.

    • 10.3 Members of the Corporation approved the Freedom of Speech Policy.

11. Review of standing orders

    • 11.1 The Director of Governance and Policy presented a review of the Standing Orders. The following points were highlighted.

      • 11.1.1 The Standing Orders were last amended in 2021 and were now due for review.

      • 11.1.2 A few amendments were proposed to reflect current practice including that where the Student Union President chose not to take up the student governor role, the position would be subject to a separate election process; and replacing the statement that all minutes shall be reported to the Corporation with a statement that all members would have access to the minutes of all Committees with the exception of some confidential items.

      • 11.1.3 Student governors had now been elected and would be joining the next meeting.

    • 11.2 Members of the Corporation approved the Standing Orders.

12. Corporation self-assessment, governance SAR and improvement action plan

    • 12.1 The Director of Governance and Policy presented the Corporation SelfAssessment, Governance SAR and Improvement Action Plan. The following points were highlighted.

      • 12.1.1 Members of the Corporation and each Committee completed a selfassessment exercise. An annual self-assessment of governance was now a requirement of the College’s funding agreement.

      • 12.1.2 Overall, the self-assessment was again very positive with the questions on the Board’s clarity on strategic plan and mission, risk management and internal control, consideration of EDI, diversity of membership, information provided to enable decision making, follow up actions and support for the Board all receiving positive responses.

      • 12.1.3 Some less favourable comments about the effectiveness of committees had been received but changes to the terms of reference and the membership of committees should help address this.

      • 12.1.4 Themes emerging in terms of areas for improvement included more summaries for papers; balancing the use of live data and providing information in advance.

      • 12.1.5 The results informed a governance SAR as well as development objectives for 2023/24 set out in the governance improvement action plan.

    • 12.2 In response to a question about any actions arising from the external governance review, it was confirmed that all actions had now been completed. \

    • 12.3 The Chair reported that the College had been shortlisted as a finalist for the Chartered Governance Institute’s 2023 Awards under the Equality Diversity and Inclusion Category. Results would be announced on 20 November.

    • 12.4 Members of the Corporation noted the self-assessment and approved the Governance SAR and Improvement Action Plan.

13. Governor visits reports and other feedback

    • 13.1 The Chair invited governors who had recently visited the College to report on 9 their visits. The following points were highlighted.

      • 13.1.1 A recent visit to Adey Steel had been very positive and showed the level of commitment from the MD all the way down to the apprentices. It was an excellent example of the College’s apprenticeships team working closely with an employer.

      • 13.1.2 The stakeholder dinner, held during the inspection week, had also been very successful. There were several things to follow up on. It had also been a great opportunity to showcase taste to external guests; the students had been excellent.

      • 13.1.3 The IT team had been very helpful in supporting governors and provided an excellent service.

      • 13.1.4 Two governors had undertaken an excellent induction visit at APC. There had been opportunities to meet students and staff, all of whom were very willing to talk about their experiences and see the facilities and range of provision. Governors felt proud to be involved with the College.

      • 13.1.5 It might be helpful to include feedback from service users and staff in the visit report template. This would be added.

    • 13.2 Members of the Corporation noted the visit reports.

14. Any other business

    • 14.1 The Chair noted that this would be Lisa Armitage and Shaun Curtis’s last meeting. They were thanked for their contribution to the Corporation and for the additional insights they had provided.

15. Part-time student survey

    • 15.1 Members of the Corporation received and noted the part-time student survey.

16. Partnerships and projects report

    • 16.1 Members of the Corporation received and noted the Partnerships and Projects Report.

17. Complaints annual report

    • 17.1 Members of the Corporation received and noted the Complaints Annual Report.

    • 17.2 In response to a question about the length of time taken to respond to some complaints, it was explained that some might be delayed by staff sickness or holidays. The new Director of Quality Improvement would be looking at how the College managed complaints.

18. Whistleblowing annual report

    • 18.1 Members of the Corporation received and noted the Whistleblowing Annual Report.

19. Governor appointments

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

20. Items from search and governance committee

    • 20.1 Members of the Corporation received and noted:

      • 20.1.1 Committee Annual Report

      • 20.1.2 Chair’s Report: activities undertaken 2022/23

      • 20.1.3 Governor Engagement

21. Dates of future meetings

    • 29 November 2023 (Meeting and Christmas Dinner)

    • 14 December 2023

    • 25 January 2024 - tbc

    • 21 March 2024

    • 7/8 June 2024 – Away Days

    • 3 July 2024