Edition 149: Movers and Shakers

David Sykes has officially started in his role as managing director of FE and skills solutions specialist FEA.

He joins at a time of change for the organisation as it rebrands from FE Associates and brings together the company’s performance improvement division, BW Consultants.

Under the new brand, FEA will concentrate on transformational solutions for quality, management information systems, curriculum, finance, interim management and executive search, among others.

Mr Sykes, who moves from his position as managing director of training provider The Skills Network, said: “With the announcement of area reviews, a prolonged period of funding cuts, and the introduction of a new inspection framework the FE and skills sector is undergoing change on a scale not seen since incorporation in 1993.

“By changing the way we operate and bringing together all our services under one united entity, we believe we will be in an even stronger position to help FE and skills providers not only deal effectively with change but also improve outcomes for their organisations and, most importantly, their learners.”

Mr Sykes has previously held roles as a partnership director at The Learning and Skills Council and was a lead inspector with the Adult Learning Inspectorate. He is a current Ofsted inspector.

In Ipswich, Perry Perrott has been appointed director of business development at Suffolk New College.

The 49-year-old will work to develop the college’s commercial activities. His aim is to develop initiatives and build relationships with the local business community to generate increased revenue.

“Our vision is very clear: we need to engage the community, we need to engage businesses, be honest, be up front, and deliver on time, ahead of expectations,” said Mr Perrott, who previously worked at South Worcestershire College as director of curriculum and then director of business.

“A big part of that is stakeholder management. It’s talking to people, getting to know people, giving them what they want, not what we want to deliver, and also being a college which is versatile and can adapt, one that can work within business timeframes and business service level agreements.”

As well as totting up more than 18 years in the FE sector, Mr Perrott has held an array of high-level positions in different professions, including sport with Gloucester Rugby, where he was employed as a video analysis coach.

And awarding organisation (AO) NCFE will welcome former Loughborough College principal Esme Winch as its first managing director come January.

Ms Winch said she was “delighted” at her appointment “at a time of such rapid change and development” in the sector.

“NCFE’s well-recognised strengths underpin an ambitious and confident outlook on the future,” she added.

Heather MacDonald, who was principal of Sheffield College until June, replaced Ms Winch at Loughborough College as interim principal on October 1.

The Newcastle upon Tyne-based AO has also unveiled chartered accountant Phil Murray as commercial and financial director. The role was previously known as director of business services, and was most recently held by Graeme Walker, who left the post in September last year.

Planning a new build and not aware of the impact of new CDM Regulations on FE?

Alexandra Reid explains how the new CDM regulations will impact FE building projects.

The Construction (Design and Management) Regulations 2015 (CDM 2015) come into force on October 6 as the latest update of the CDM Regulations. They have the goal of ensuring that health and safety issues are properly considered during a project’s development so as to reduce the risk of harm to those building, using and maintaining the developments.

Compliance with CDM 2015 is vital and failure to do so can have serious and far-reaching consequences. These include criminal sanctions, fines and even imprisonment.

A “client” under CDM 2015 is an organisation “for whom a construction project is carried out”. In the vast majority of cases, therefore, FE colleges will be “clients” for the purposes of CDM 2015. CDM 2015, perhaps unfortunately, assumes a level of industry specific knowledge for clients which FE colleges and other educational institutions may understandably not have.

This position can be contrasted with that of a client undertaking a “domestic” project where a lesser level of knowledge is assumed.

Specifically, under CDM 2015 the duties of FE clients are enhanced compared to those under the previous CDM Regulations published in 2007.

The new regulations will require FE colleges in their role as “clients” undertaking construction work to appoint duty-holders — client FE colleges must ensure that other duty-holders are appointed, for example designers and contractors, including a principal designer and principal contractor on projects involving more than one contractor. If a college fails to do this it will have to carry out these roles itself.

Under the new regulations the duties of FE clients are enhanced

Colleges must also ensure that the parties they appoint have the relevant skill-set — the necessary skills, knowledge and experience to manage health and safety risks.

Clients, themselves, must further ensure they are fully equipped to carry out their duties. They must also ensure compliance by others — colleges must ensure that their principal designer and principal contractor carry out their duties.

They must also ensure clear roles of others — that the roles, functions and responsibilities of the project team are clear; that sufficient time and resources are allocated and effective mechanisms are in place to ensure good communication, cooperation and coordination between all parties.

Colleges must prepare a health and safety file — colleges must ensure that their chosen principal designer prepares a health and safety file for the project.

The various duties required of an FE client coupled with the obligation to ensure compliance by others is potentially daunting. This is particularly the case since these duties cannot be transferred back to the principal contractor in the same way that they can for domestic clients.

This burden can, however, be eased by ensuring adequate assistance from the project manager/ project team by, firstly, appointing an adviser — a college can choose to appoint a “CDM compliance adviser” to assist and advise in respect of their duties. The college would still carry out the role of ‘client’ but would have guidance and support along the way.

Secondly, appoint a project manager/employer’s agent — a college can also choose to appoint a project manager or similar party tasked with assisting with carrying out its duties, similar to the role of a CDM compliance adviser, or choose to delegate those responsibilities entirely to their project manager. In these circumstances, the appointment letter between the college and project manager would need to very clearly set out the extent to which this role is being delegated and any fee arrangements would need to reflect this. Importantly, the project manager would need to be comfortable and have the expertise to carry out this role.

Finally, managing project meetings to ensure compliance — FE clients are recommended to arrange frequent, for example fortnightly or monthly, project progress meetings as well as other reporting requirements in order to ensure that all parties are carrying out their roles as required.

Aishah turns to adult education to make a human rights difference

Having fled persecution in Afghanistan as a trainee human rights lawyer, Aishah Saried turned to English FE so she could one day return to make a difference to others in need of help, writes Billy Camden.

Having a voice in places of war and terror can often lead to persecution — and that is what Aishah Saried found as an outspoken trainee human rights lawyer in her native Afghanistan.

She fled the country in 2011 and found asylum in the UK with her three children, Fatemah, Farzin and Mohammed.

But she said she “suffered from humiliation” when she had to bring an interpreter to school events such as parents’ evening because she could not speak English.

Determined to change her life from “happening behind a thick glass screen” and to one day return to her home country as a fully qualified human rights lawyer to fight social injustice, Aishah enrolled on an English for speakers of other languages (Esol) course at Birmingham Adult Education Service (BAES) in 2012.

She progressed onto level one and then level two before excelling in English and maths GCSE, meaning she could go on to study a degree in social work at Wolverhampton University.

Her journey is described as “incredible and remarkable” by BAES GCSE tutor Lucy Ellenor (pictured below).

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“When Aishah first started she was nervous and timid with it being a new country, but the person I see today is completely different,” said Ms Ellenor.

“She has made great progress in her language and has her feet on the ground.”

Aishah’s achievements were topped off earlier this year when she won an outstanding learner achievement award at BAES.

Ms Ellenor said: “I am beyond words proud of Aishah and how far she has come, she has done incredibly well. She is the sort of student to really make the most about learning opportunity.

“She attended all of the support workshops we put on and was inquisitive in every lesson, showing absolute determination to achieve her goals.”

And Aishah cannot thank BAES enough for her progress.

“From that first ESOL course to my recent GCSEs I have been treated with nothing but respect and kindness by the staff at BAES,” she said.

“I’ve learned more, so much more than the English language and I have re-gained my self-respect.”

Aishah added that when she first arrived in the UK she felt “somehow less of a mother than I had been in Afghanistan”.

But her children are now “absolutely thrilled” by the changes they have seen in her since she became a learner.

“We now regularly settle down to our homework together and I love it when they ask for my help,” said Aishah.

“When my son, Mohammed, kissed me for luck the night before my GCSE English exam I felt I could look him in the eye, secure in the knowledge that, I’ve given him back the mother he deserves.”

Main pic: From left: Fatemah and Aishah Saried at the BAES end of year awards

Taking centre stage for FE research

Paul Grainger outlines the new University College London (UCL)/Institute of Education (IOE) Centre for Post-14 Education and Work, which was set up last month.

Each year I tell my students that this year has been a turbulent one for FE. And each year it’s true. Stability is never on the agenda. It’s the price that FE pays for being dynamic, responsive, and crucial to both economic prosperity and social mobility.

Globally there is increased interest in transitions from school to work, training and higher education. There are different patterns across the world, even across the nations of the UK. FE in Britain has unique features and strengths, and these continue in a state of flux as leaders respond to changes in technology, learning and the nature of work; policy pressure to downsize the state; and regional pressures for increased productivity and civic integration.ach year I tell my students that this year has been a turbulent one for FE. And each year it’s true. Stability is never on the agenda. It’s the price that FE pays for being dynamic, responsive, and crucial to both economic prosperity and social mobility.

It is vital that there is a strong academic centre dedicated to further and continuing education. For those of us of advanced years Coombe Lodge used to provide such a focus, with a rich stream of scholarship to inform policy decisions. Fortunately its library was saved in the nick of time, as reported by FE Week in May, and now resides at the University College London/Institute of Education.

Institutional and system leadership, governance, and professional identities, central to the future of FE, are evolving rapidly and should be aided by a strong narrative of support

The overarching aim of this new centre, building on the legacies of the Centre for Post-14 Research and Innovation and the National Research and Development Centre for Adult Literacy and Numeracy (NRDC), is to support improvement and stimulate debate around the relationship between education, working life and active citizenship.

Our research and consultancy is supported by a dialogue between practitioners, policy and research communities, and through collaboration with government agencies, local organisations, higher education and employers.

Over the next five to 10 years there will be a major international, national and regional policy focus on research concerning the
relationship between learning and work, including the development of literacy, language and numeracy across diverse communities.

There are fascinating and important topics to explore including relationships between employers and the education system, issues of educational participation, progression and life transitions for an inclusive and aspirational society. Disengagement continues to concern us; the high cost of frustrated lives, welfare and incarceration. It is vital that policy making is informed, and implementation and impact measured in an informed way.

Institutional and system leadership, governance, and professional identities, central to the future of FE, are evolving rapidly and should be aided by a strong narrative of support. Local learning systems are increasingly the focus of attention, and may prove the basis for pivotal College activity as state intervention reduces.

The team at UCL/IOE are developing ideas and models around local learning ecologies and systems. Professional, vocational, community and work-based learning are fundamental to local prosperity, and a better understanding on how they relate to employment and productivity levels something we are grappling with.

Are curriculum, qualifications and assessment to remain a national, statutory requirements, subject to the whim of volatile ministerial reflexes, or could they become devolved, local in nature and partnership driven?

The Centre will explore these ideas by keeping in touch with the sector and those within it. Any bone fide practitioner can join our network — http://tinyurl.com/poskw62 — and contribute their perspective.

Turbulence and uncertaintly may have been the norm for many years, but the present level of threat is high and potentially fatal. When aspirations for a literate, numerate, inclusive society and an efficient economy are banking on a strong FE sector, that very sector is at the sharp end of austerity.

Colleges serving our economy and the future of our learners need informed and influential friends. The new Centre is our contribution to both a sustainable scholarship and a durable sector.

Has Gazelle changed its spots?

Gazelle has responded to long-running criticism that its £35k membership fee, along with other costs, could not be justified in the absence of any return on investment analysis, including any proof that membership affected Ofsted grades. Fintan Donohue explains how such criticism has changed the organisation.

The Gazelle Colleges Group commissioned an analysis of its impact from an independent research organisation (whose members regularly write as expert commentators for FE Week) late last year.

It provided a significant amount of detail about the activity of the group and concluded that it had a positive impact on members and the wider sector.

However, in common with criticism levelled by FE Week, it also said the group needed to change — in particular to develop how we measure and demonstrate impact, to increase efficiency and improve the clarity of communications and structure.

We took those criticisms on board and launched a review, led by a working group of members, and a series of recommendations was put to the wider membership.

As a result the membership fee has been cut in half and the structure streamlined.

Going forward there will be specific impact measures built into all activity so that the group can measure value more rigorously and report on return on investment (ROI) specifically.

The focus of Gazelle colleges will stay the same, working to improve the chances of young people getting a job and to help colleges diversify their income through enterprise.

Individual colleges have a long history of investing in enterprise, albeit under different banners. Gazelle Colleges Group is a non-profit membership group that has sought to pool costs in this area in order to provide better value. Whatever has been achieved over the past four years has only been possible because member colleges worked together.

Over the past four years 5,000 students have gained new skills from the group’s three enterprise competitions, and another 1,000 have attended national enterprise conferences and networking events.

We took criticisms on board and launched a review, led by a working group of members, and a series of recommendations was put to the wider membership

Barking & Dagenham College lecturer Andy Duffy, trained in Design Thinking with the Gazelle Colleges Group, a methodology which provides a new approach to curriculum design and delivery.

Andy said the “advanced training in Design Thinking with other teachers from across the Gazelle Colleges network has enabled me to bring a new approach to curriculum design and delivery which is better preparing our students for employment/self-employment”.

Andy will be delivering a seminar in Finland in November to share this best practice.

He is not alone. Around 1,400 member college lecturers and 260 member college curriculum managers have engaged in professional training through Gazelle Colleges Group that has changed practice in many colleges.

The group continues to attract support in the form of sponsorship from other organisations passionate about student employability and enterprise — thus minimising cost to colleges and maximising potential. Entrepreneurs and employers of the highest calibre provide free conference input, mentoring and advice because they want to see students embrace enterprise alongside other skills in our colleges.

Autumn activities include new investigative research into commercial capacity and the commercial challenges facing our sector, sponsored by Wickland-Westcott, and a science, technology, engineering and maths (Stem) teaching and learning workshop in November.

The fourth Gazelle Market Maker competition, sponsored by Hewlett Packard, will take place in December. We are also sharing the results of the 18 projects as part of the Learning Futures programme managed by Gazelle on behalf of the Education and Training Foundation.

The decline in membership is of course disappointing, but understandable given the significant pressures facing most colleges. By sharing resources and investing collectively there’s no reason why, even as a smaller group, the group can’t do useful work in this area for themselves and the wider sector.

 

Apprentices get minimum wage boost with paypackets of lowest-earning up 20 per cent

Apprentices were today benefiting from a 20 per cent boost to their National Minimum Wage to £3.30 an-hour.

Business Secretary Sajid Javid (pictured above) said that the inflation-busting increase, from the old £2.73-an-hour rate, was “the largest in history, making sure that apprenticeships remain an attractive option for young people”.

It came as the adult NMW also increased this morning from £6.50 to £6.70.

A spokesperson for the Department for Business, Innovation and Skills (BIS) said that the rise for lowest-earning apprentices would mean that “those working 40 hours a-week would now have £1,185 more in their pay packet over the year”.

The increase, announced in March, represented a rejection of the Low Pay Commission (LPC) call in February for the apprentice minimum wage to rise by just 7p. The LPC itself had rejected a proposal from then-Business Secretary Vince Cable to bring the apprentice rate in line with the rate for 16 to 18-year-olds, then £3.79 per hour, but up by 8p to £3.87-an-hour from today.

The BIS spokesperson said: “By implementing a rate higher than the LPC recommendation, apprenticeships will deliver a wage that is comparable to other choices for work.”

The NMW rate for 18 to 20-year-olds has also increased today by 17p to £5.30-per-hour.

Mr Javid said: “As a one nation government we are making sure that every part of Britain benefits from our growing economy and today more than 1.4m of Britain’s lowest-paid workers will be getting a well-deserved pay rise.”

When the apprentice NMW wage increase was announced in March, Martin Doel, Association of Colleges chief executive, told FE Week: “The increase to the minimum wage for apprentices is very welcome in recognising the value that apprentices provide to employers and in recognising the costs that many apprentices have in transport and living costs. It makes the apprenticeship route still more attractive to young people seeking to earn while they learn.”

And spokesperson for the Association of Employment and Learning Providers said at the time: “We recommended narrowing the gap between the apprenticeship and NMW rates but we need to ensure that this is done in stages.

“We have to ensure that increases in the apprenticeship rate do not have an impact on the number of employers providing these apprenticeship places by ensuring that the programme is properly funded in the sectors where the minimum wage is an issue.”

New destination data performance measure aims to have ‘bite’ to ‘provoke transformational improvements’

The Department for Business, Innovation and Skills (BIS) today launched a consultation on a new destination data performance measure that will have the “bite” to “provoke transformational improvements”.

The government launched the consultation, which will close on December 2, to consider its proposal for an outcome-based success measure to complement the existing qualification achievement success rates.

The 38-page consultation document said that “by introducing minimum standards for learner outcomes, we expect to provoke transformational improvements in the provision that is delivered and will want them to be seen as having ‘bite’”.

“Where providers are not delivering provision that gets positive outcomes, they should face intervention action and be in scope of the formal intervention policy,” it added.

It could lead to action being taken, for example, by the Skills Funding Agency (SFA), Education Funding Agency (EFA) or Ofsted, and ultimately cause a referral to FE Commissioner Dr David Collins.

The document explained that minimum standards, based on current qualification achievement rates, are under the existing framework “not a target to aim for, but are typically set below the levels that a good or average performing provider is achieving”.

The government would still, under the new framework incorporating the destination measures, “expect to set them below the level that a good or average provider is achieving”, it added.

But “if a provider fell below the minimum standards on either qualification achievement rates or positive destinations, government would expect to apply its intervention arrangements to determine whether action was warranted,” it said.

The document said the new outcome measures set for launch in summer 2017 would focus on learner destinations, into further learning and into or within employment including apprenticeships, learner progression, to a higher level qualification, and earnings following completion of a course.

But it added that the government was not proposing to use the earnings measure for the minimum standards framework, as it thinks that “is more appropriate for informing choice”.

The government also proposed measuring the proportion of learners that progress to a qualification at a higher level than their existing highest level of attainment, initially covering only 19 to 20-year-old learners, in a previous three-month consultation on the issue launched last August.

But the latest consultation document, which features 10 questions, said that this had proved to be “impractical” because of “greater than expected complexity with creating the required data from the available sources”.

In his foreword to the latest consultation, Skills Minister Nick Boles (pictured above) said: “The real value of vocational education lies in whether learners make progress into or within employment or further learning.

“In December 2014, I confirmed my intention to proceed with the new adult (19+) learner outcome measures for further education, to complement the qualification achievement measure we already use: destinations (into employment, apprenticeship or further learning), progression within learning and earnings.

“The new measures have been developed using data from across government, matched robustly and securely.”

Visit www.gov.uk/government/consultations/adult-further-education-measuring-success-detailed-proposals to take part.

 

The next steps for the new outcome-based success measures, as spelled out in the consultation document
The next steps for the new outcome-based success measures, as spelled out in the consultation document

Degree apprenticeships – not just because they are ‘free’

With the apprenticeships title having undergone a government consultation aimed at protecting the brand, David Allison looks at what effect, if any, degree apprenticeships might also have on the brand.

Degree apprenticeships are the latest extension to the range of options open to young people and offer even more strength to the argument that apprenticeships are a genuine alternative to a full time university course.

Degree apprenticeships are different to the existing degree ‘equivalent’ higher apprenticeships as they include a full batchelor’s degree from a university rather than equivalence.

The question is this — are they a genuine step forward, or will they simply add more confusion to the ‘apprenticeship’ brand?

I have to admit to a strong personal bias on this. Although I set my first business up before leaving school, I gave that up to go to university to study engineering.

For too many years apprenticeship providers have adopted an apology approach to selling their products

The course I chose was slightly different. Rather than three terms with long holidays, I completed a ‘thin sandwich’ where I spent six months in university and six months in work each year with Ford Motor Company.

At the end I had real experience, a BEng from Brunel University, and I had been paid very well during the whole process. Ring any bells?

Roll forward a few years, and as managing director of GetMyFirstJob, the more time I spend with schools and youth groups, the more convinced I am that one key to creating more high quality apprentice programmes is ensuring that they attract the best potential talent.

Aligning the ‘apprentice’ brand to existing universities is without doubt one way to do this.

Piggy-backing on the word ‘degree’ is also a potential move in the right direction — it has the potential to add a range of ‘halo’ qualifications to the apprenticeship stable, but it is important that this is communicated in the correct way.

For too many years apprenticeship providers have adopted an apology approach to selling their products. The sell to employers is too often about cheap labour — if you don’t believe me, check out the number of vacancies advertised at minimum wage, or the stats on employer contribution.

On A-level results day, apprenticeships were positioned as the ‘free’ alternative to university. This approach does not build the value in apprenticeships. It undermines it.

We know that companies are prepared to spend many thousands of pounds on recruiting and training individuals — the success of many commercially-funded organisations that operate in this area is evidence enough. So why do we race to the bottom with the £2.73 (updated to £3.30 on October 1) sale and lack of employer contribution?

At the Skills & Employability Summit recently, I was dismayed to see so much of the messaging around degree apprenticeships as being ‘higher education with no fee’. If this is the approach that is adopted, we will have missed yet another opportunity to change the way in which apprenticeships are perceived.

While the fee structure may well be beneficial to students, this is surely not the most significant benefit that young people will derive from the programme.

If it is, there is a bigger problem. Secondly, the education system is already a myriad of badly aligned and competing funding streams from age 16 upwards. This crude message and approach will devalue degree apprenticeships before they have even taken off and provides yet more funding focused ‘competition’ in the educational system of this country.

Judge hits out over awarding organisation charities’ £400k trademark wrangle

A judge has rapped two open college network charities for running up huge legal bills in a trade mark infringement case.

The case, which was heard at the Intellectual Property Enterprise Court, London, was brought by NOCN (formerly known as National Open College Network) against OCN Credit4Learning.

NOCN, an awarding organisation regulated by Ofqual, claimed that OCN Credit4Learning’s name, logo and website address infringed its trademarks.

In his judgement on the case, published on September 25 but heard in in July, Judge Hacon ruled that OCN Credit4Learning’s logo, but not its name or website address, had infringed NOCN’s trade mark.

The infringing logo, which has since been changed, included the word ‘OCN Credit4Learning’ along with a number of circles arranged in a shape similar to the swoosh used by NOCN in its logo.

Judge Hacon also ruled that NOCN’s trademark of OCN should be revoked. However, in a post script to his judgement, Judge Hacon criticised both parties for not having settled earlier in the process.

Noting that the two parties had incurred fees of more than £400,000 between them, Judge Hacon said: “A very strong recommendation to settle at the case management conference was not taken up.

“The laudable cause of encouraging adult education will presumably have to endure an equivalent cut in funding solely because this dispute was not resolved at an early stage. Such an outcome is much to be regretted.”

NOCN-OCN_Logos
The NOCN logo and its protected ‘swoosh’
OCN Credit 4 Learning offending image
OCN Credit4Learning’s logo and the offending swoosh that a judge has ordered must be removed. The organisation has already started using imagery without the swoosh (see right of main image, above)

Graham Hasting-Evans (pictured right), chief executive of NOCN, said that NOCN had tried to resolve the matter by mediation following the case management conference, “but this was unsuccessful”.

NOCN had first raised its concerns with OCN Credit4Learning in 2012, he said, with the aim of avoiding legal action.Graham-Hasting-Evans

“With continuing confusion being reported to us by centres and learners about the status of achievements from Credit4Learning and their relationship to us and no resolution being offered by them we were regrettably forced to pursue the matter,” he added.

Tracey Bush, OCN Credit4Learning’s chief executive, said: “We too are very disappointed a settlement could not be reached.”

Ms Bush clarified that OCN Credit4Learning’s standard legal insurance covered the costs of the case, and as a result “no monies were redirected away from our educational aims”.

“We were forced into a position where we had no choice but to defend our right to use our name, of which the OCN element is central and spans over 25 years. Our name perfectly describes our objectives, concerned with encouraging and supporting projects involved with the so called ‘hard to reach’”, she added.

NOCN brought the claim as it said OCN Credit4Learning, which is not regulated by Ofqual, was infringing on its registered trademarks: the letters ‘OCN’, the letters ‘NOCN’, and its logo which included the letters OCN or NOCN and a ‘swoosh’ design.

NOCN also alleged that, by using its name, logo, website address and the letters ‘OCN’, OCN Credit4Learning was liable for ‘passing off’ — in other words, appearing to be associated with NOCN.

In his analysis, Judge Hacon found that the letters ‘OCN’, along with the words ‘open college network’ were purely descriptive and therefore did not meet the criteria to be registered as a trade mark.

However, Judge Hacon also found that, due to the visual similarities between NOCN and OCN Credit4Learning’s logos and the overlap between the services provided by the two organisations, “there exists a likelihood of confusion on the part of the public”.

In conclusion, Judge Hacon ruled: “The claim for trade mark infringement fails save that the swoosh marks are infringed by use of the defendant’s Logo. The OCN mark stands to be revoked. The claim for passing off succeeds but only in relation to the defendant’s Logo.”