Finance and General Purposes Committee Minutes 1 December 2022

Finance and General Purposes Committee Minutes 1 December 2022

Corporation and Committee Minutes

Minutes of a meeting of the board of Leicester College corporation: Finance and general purposes committee

Held on 1 December 2022 via Teams

Present: Danielle Gillett (Chair), Chan Kataria, Verity Hancock, Lee Soden

In Attendance: Louise Hazel - Director of Governance and Policy, Shabir Ismail - Deputy Principal/CEO, Harshad Taylor - Director of IT (item 4)

  1. Declarations of interest

    • There were no declarations of interest.

  2. Apologies for absence

    • 2.1 Apologies for absence were received from Nicola Gonsalves, Jonathan Kerry

      and Caroline Tote. It was noted that Ed Marsh had now resigned as a governor.

  3. Minutes of previous meeting and matters arising

    • 3.1 The minutes of the meeting held on 5 October 2022 were received and

      agreed.

    • 3.2 The confidential minutes of the meeting held 5 October 2022 were

      received and agreed.

  4. Digital strategy

    • 4.1 The Director of IT presented the Digital Strategy 2022-2025. The following

      points were highlighted.

      • 4.1.1 This was the first Digital Strategy produced by the College. It had

        been developed in conjunction with students and staff.

      • 4.1.2 The current position and investment in IT over recent years was

        highlighted. In 2022/23 the College had invested over £400,000 in

        improving ICT resources around its sites. Investment included from

        external grant sources as well as the College’s own funding.

      • 4.1.3 The College held the Cyber Essentials Plus (CE+) accreditation and

        had done for three years.

      • 4.1.4 The strategy included 10 objectives for the next three years covering

        teaching and learning environments; data enrichment and enrolment

        processes; cyber security; disaster recovery and business continuity;

        device replacement; interactive screens in classrooms; agile working

        environments; helpdesk and end user services; safeguarding; and

        server and network infrastructure.

    • 4.2 Governors asked a number of questions including:

      • 4.2.1 How did the College compare with other leading colleges in terms

        of its digital capability? It was in a good position. Some other

        colleges were struggling to achieve Cyber Essentials, let alone CE+.

        There was still work to do to become outstanding but more work was

        planned to increase staff confidence and digital skills, including

        creating new dedicated staff training spaces. Staff were keen to get

        involved. The Digital Strategy Group also had a focus on teaching and

        learning with a subgroup specifically looking at this.

      • 4.2.2 What was the biggest weakness? A lot of work had been done

        around improving data and there was always demand for more

        reporting. Staffing was an issue and it was important to balance staff

        wellbeing with the increasing demands on the team. There were

        recruitment and retention issues although work was ongoing to try to

        address these.

      • 4.2.3 Data and infrastructure were RAG rated red in the action plan;

        what was needed to get them to green and how was data being

        cleansed to get one version of the truth? The Matrix was the single

        source of information and a lot of work had been done to train staff to

        get the right data into the right system. A good start had been made

        but there was more to do. Staff were being encouraged to help correct

        any data that was not right; people were using the Matrix and this was

        resulting in them asking for more options within reports.

      • 4.2.4 The target to halve the number of cyber security events

        suggested there were a lot; what was the extent of the problem?

        The number of phishing emails was small, in single figures. There

        were multiple layers of defence. An audit recommendation had been

        that there was more regular staff training on cyber security and so new

        short and regular training for staff was being introduced. More

        information could be provided to the committee on the College’s

        security measures.

      • 4.2.5 It was good to see CE+ used as the measure; this was a well

        understood benchmark. The criteria for CE+ would change next

        year and so it might be harder to achieve the accreditation in future

        years particularly if legacy equipment needed to be upgraded.

      • 4.2.6 How would horizon scanning and being an early adopter of new

        technology be put in practice and how would staff and students

        being involved? The Director of IT attended national events including

        as a speaker and was alert to what was being done in other colleges

        and universities. He chaired the regional IT directors network.

        Training rooms were being created for staff and students to use and

        be hands on with the technology; the aim was to get feedback from

        them on which tools were the most useful.

    • 4.3 Governors approved the Digital Strategy.

  5. Report and Financial Statements year ended 31 July 2022

    • 5.1 The Deputy Principal presented report and financial statements for year ended

      31 July 2022. The following points were highlighted.

      • 5.1.1 The Audit Highlights and Management Report had previously been

        discussed by the Audit Committee and Corporation ; there were no

        changes.

      • 5.1.2 There were no concerns, audit mis-statements, control deficiencies or

        issues identified in the regularity audit.

      • 5.1.3 The College’s delivery to adults had continued to be affected by

        COVID-19 during 2021/22. The economic environment also

        compounded the challenge in the College’s ability to recruit adults to

        achieve its target and this had impacted on income.

      • 5.1.4 The College’s EBITDA was a surplus of £710,000 excluding the impact

        of FRS102 pension adjustments. This was achieved against a surplus

        budget of £27,000 (excluding FRS102 pension adjustments). The

        College outturned a deficit of £896,000, before restructuring and

        pension adjustments.

      • 5.1.5 The College met its bank covenants and had a financial health status

        of ‘Requires Improvement’.

    • 5.2 Governors asked a number of questions including:

      • 5.2.1 Should the reference to senior pay be amended to make clear that

        senior postholder pay was below the median? This would be

        amended.

      • 5.2.2 Had a view been reached yet on going concern? Not yet, the

        auditors had the reforecast; it was not anticipated this would present

        any issues for sign off of the accounts.

      • 5.2.3 The clean management letter was noted and staff involved were

        thanked. Noted.

    • 5.3 Governors noted the report and agreed to recommend the Report and

      Financial Statements to the Corporation for approval.

  6. Report on student union accounts for year ended 31 July 2021

    • 6.1 The Deputy Principal presented the Student Union Accounts for Year Ended 31

      July 2022. The following points were highlighted.

      • 6.1.1 The Income and Expenditure Account showed an increase in income

        of £432 from £7,850 to £8,282 and an increase in costs of £2,729 from

        £3,678 to £6,407. The accounts showed a surplus for the year of

        £1,875.

      • 6.1.2 The increase in income was due to income earned from the pool table

        and a football competition, which was held during the year.

      • 6.1.3 The increased costs this year were due to more activities taking place

        compared to the previous year, when COVID-19 prevented the usual

        union activities from taking place.

    • 6.2 Governors asked a number of questions including:

      • 6.2.1 Governor attendance at a recent SU Executive meeting showed

        that the students were very committed to using the funds

        efficiently and for the benefit of students; there was a good range

        of activities planned. Noted.

      • 6.2.2 Were there any concerns that the cash balances being built up

        would be used for the purposes intended. There were no

        concerns; members of the SET team would guide students and would

        flag up any concerns to the finance team.

    • 6.3 Governors noted Student Union Accounts for Year Ended 31 July 2022.

  7. Finance report (Period 3) and Autumn term reforecast

    • 7.1 The Deputy Principal presented finance report (period 3) and Autumn term

      reforecast. The following points were highlighted.

      • 7.1.1 The year to date result was an operating surplus after restructuring

        costs of £2,061k compared to the budgeted surplus of £2,369k.

      • 7.1.2 16-18 student numbers were above allocation by 166 students.

        Although this would not result in an increased income this year, it

        would have a positive impact on next year’s allocation.

      • 7.1.3 Predicting the AEB outturn was difficult at this point in the year but

        initial indications were that the College would achieve 91%-95% of its

        AEB target.

      • 7.1.4 Apprenticeship income was currently below target with an expected

        income shortfall of £410k.

      • 7.1.5 HE recruitment was below target, expected to result in a £273k

        decrease in income.

      • 7.1.6 An autumn reforecast had been undertaken. Positive movements

        included additional funding for PMLD students, release of Lennartz

        assessments which were out of time, bus pass accruals and reduction

        in the planned maintenance budget.

      • 7.1.7 Overall, the expected Total Comprehensive Income after restructuring

        costs had decreased by £534k, from a deficit of £514k to a deficit of

        £1,048k.

      • 7.1.8 There was still a potential £900k of income at risk at this stage; work

        was underway to generate as much income as possible to reduce this

        risk.

      • 7.1.9 The College continued to meet its bank covenants and remained in the

        ‘requires improvement’ financial health rating following the autumn

        reforecast.

    • 7.2 Governors asked a number of questions including:

      • 7.2.1 Whether there were likely to be further increases in energy costs.

        Increases had already been factored into the budget and so this was

        unlikely.

        7.2.2 The forecast showed the College was in a difficult position; an

        incremental approach was sensible. There were tough choices to

        be made particularly around non-pay. Were other colleges in

        similar position? Colleges with a similar adult offer were in a similar

        position and were also taking the approach that dismantling their adult

        offer entirely was not the right thing to do. Nevertheless, the College

        needed to think about what it offered. Unlike Leicester College,

        several colleges had not had to deal with financial pressures like this

        previously and did not know how to approach it.

        7.2.3 Was there an expectation that colleges would need to use their

        surpluses to manage the pressures? There was a mindset that

        colleges were not managing finances well. However, the fact was that

        there was simply not enough funding for adult education and there was

        little money to be made from apprenticeships and particularly from the

        expensive technical apprenticeships which the College offered.

        7.2.4 The College was very tight in maintenance areas, would it be

        helpful for the Committee to have an understanding of those

        courses which were loss making and those which might be loss

        leaders? The contribution rates would show which courses and areas

        were making least money; further detail would be brought to the next

        meeting.

        7.2.5 Did the College have a campaign around using energy better?

        There had been some awareness raising previously but no campaign

        as such; more work around this was needed.

        7.2.6 The College was making a deficit and the reserves were

        declining; what would the impact be on the cash position? The

        cash position was healthy but if it continued to make deficits, the cash

        position would erode and this could not be allowed to continue. The

        College would need to think carefully about investment in any new

        capital projects above what was already planned.

    • 7.3 Governors noted the period 3 finance report and agreed to recommend

      the autumn reforecast to Corporation for approval.

  8. Autumn reforecast: Mitigation actions

    • 8.1 The Principal presented a report which provided a summary of actions to

      mitigate the financial deficit assumed in the Autumn Reforecast. The following

      points were highlighted.

      • 8.1.1 A series of mitigation actions were planned or underway to help

        address the financial position. The College would try to grow income

        and was working on with the NHS Partnership Trust on a new sector

        based work academy through the City Skills Centre. If successful, this

        might grow. The relationship with a community partner in Highfields

        was also being reinvigorated with training being offered on their

        premises.

      • 8.1.2 Other actions included a freeze on recruitment for three months, a

        review of part-time lecturing and agency costs, release of Lennartz

        assessment values and unclaimed bus passes included in the

        reforecast.

      • 8.1.3 There would also be a reduction to the planned maintenance

        budget. The reactive maintenance budget would be retained as

        planned for any issues that arose in year. There was a lot of work for

        the estates team to manage the previously approved capital projects.

      • 8.1.4 There might be other options which would be less palatable but these

        would be kept under review.

    • 8.2 Governors noted the report.

  9. Any other business

    • 9.1 The Principal took the opportunity to report on the recent decision by the Office

      for National Statistics (ONS) on the reclassification of FE colleges into the

      public sector. The following points were raised.

      • 9.1.1 Ministers had accepted the reclassification for now and were making

        some changes to the controls applied to colleges which came into

        effect immediately.

      • 9.1.2 There were no planned changes to the law. Colleges continued to be

        self-governing corporations with charitable status and with

        responsibility for their educational character, courses, contracts, and

        relationships with staff and students.

      • 9.1.3 The new controls from the Department for Education (DfE) involved 16

        areas where colleges would need to get prior approval ahead. These

        controls applied immediately.

      • 9.1.4 There were changes relating to borrowing which had implications for

        colleges’ relationships with banks. There were no changes to existing

        loans but a clear DfE objective to replace borrowing from banks in the

        future with grants or borrowing from government. DfE would be

        distributing £150 million in spring 2023 in formula-based capital grants

        to colleges and would bring forward £300 million in revenue payments

        from summer 2023 to March 2023 to ‘reduce the need for borrowing’.

      • 9.1.5 Most of the controls were similar to those applied to academies but

        colleges would not need to get prior approval for capital transactions

        and normal commercial activity. Colleges would retain their reserves,

        any surpluses they made, control over capital spending and asset

        sales, and their ability to use leases.

      • 9.1.6 There would be a new College Finance Handbook in 2024. Colleges’

        accounting years might change.

        Chan Kataria left the meeting

    • 9.2 Governors asked whether any of the information papers were likely to be

      affected by the decision. They would not; the level of write-offs was lower than

      the new thresholds requiring approval

    • 9.3 Governors noted the information.

  10. Bank loan

    • 10.1 The Deputy Principal presented a paper which set out options for one of the

      College’s bank loans. The following points were highlighted:

      • 10.1.1 In October 2017, the College had transferred its loan of £6.9 million

        from Barclays Bank to Santander. A 10 year fixed rate was agreed for

        £5 million, with the remaining £1.9 million being paid at a variable rate.

        The variable rate loan matured on 13 October 2022 and it was agreed

        to extend this arrangement for a further three months while alternative

        options were considered. This would expire on 13 January 2023.

      • 10.1.2 Three options were being considered: convert to a fixed rate

        arrangement; repay the loan or continue with a variable rate

        arrangement. A five-year arrangement would be preferable as this

        aligned to the term of the fixed rate element of the loan.

      • 10.1.3 However, the ONS decision earlier in the week now meant that the

        College would need to seek permission from the DfE for any changes

        to existing arrangement as well as any new arrangements.

      • 10.1.4 It was therefore proposed to seek a further extension from the bank

        while permission was sought from the DfE. If this approval was not

        forthcoming, it might be necessary to repay the loan, in which case, an

        additional F&GP meeting would be called.

    • 10.2 Governors agreed to recommend the option of extending the variable rate

      to Corporation and agreed to request a further extension of the existing

      loan arrangement for three months while approval was sought from the

      DfE.

  11. Bad debt write-off

    • 11.1 The Deputy Principal presented a paper requesting authority to write-off debts

      that were considered uncollectable. The following points were highlighted:

      • 11.1.1 It was proposed that two debts totalling £7,839.50 were written off.

      • 11.1.2 The debts had been chased as far as possible and were now

        considered to be uncollectable.

      • 11.1.3 During the academic year to date, from 1 August 2022, there had been

        no previous write offs. With this recommendation, the cumulative total

        for the year will be £20,493.98.

    • 11.2 Governors considered the paper and agreed to approve the write-off of

      uncollectable debts totalling £7,839.50.

  12. Capital update

    • 12.1 The Deputy Principal gave an update on the capital programme. The following

      points were highlighted.

      • 12.1.1 Most of the capital expenditure over the next three years was grant

        funded. Up to 2023/24, the College was planning to invest around £12

        million in capital projects, £4.4 million of which (36%) was funded by

        the College with the rest from grants.

      • 12.1.2 It was not expected that the College would have access to this level of

        investment in future years and so it was felt sensible to take up the

        opportunities and proceed with the projects.

    • 12.2 Governors commented that this was the right approach and noted the

      update.

  13. ESFA dashboard

    • 13.1 Governors received and noted the ESFA Dashboard.

  14. Staff wellbeing

    • 14.1 Governors received and noted the report on staff wellbeing.

  15. Marketing update

    • 15.1 Governors received and noted the Marketing update.

  16. Waivers of financial regulations

    • 16.1 Governors received and noted the report on waivers of financial

      regulations.

  17. Dates of next meetings

    • 1 March 2023

    • 3 May 2023

    • 22 June 2023