August riots ~ more fall out for further education colleges?

As half of the 1,700 people arrested after the August riots were under 21, colleges may find that some of their students or applicants were involved.  Can colleges take action regarding misconduct occurring outside their premises? Should they do so?

Can you take action?

Colleges can “police their own gates” and take action under their procedures for misconduct occurring outside their premises provided the misconduct is a breach of the relevant procedure. Such procedures may include discipline, admission, enrolment,  fitness to practise, safeguarding  and fitness to study. Whichever procedure is used it must have been incorporated into the terms of the contract between the student and the college by being brought to the student’s attention at or before enrolment.

Can you find out about convictions?

Most colleges’ application forms require an applicant to reveal unspent criminal convictions. But what if the student was charged or convicted after applying but before enrolment?  If the college has a procedure requiring students to disclose any  unspent criminal convictions occurring after applying any breach of this may justify the college taking action. But even if a conviction is revealed the college will need to consider whether it is appropriate for such action to be taken.

Why might you decide to take action?

The college may consider that it is reasonable to take action because there has been a breach of its code of conduct or damage to the college’s reputation. The college may also find it is under an obligation to undertake a risk assessment.  This should focus on whether:

• the student poses a level of risk to the health, safety and welfare of himself/herself or other staff and students, and

• whether that risk is capable of being managed (for example by the imposition of  conditions such as regular reporting to a senior member of staff).

In respect of some professional courses the college may have to report to the relevant regulator any issue over the student’s fitness to practise the occupation concerned.

Why might you decide not to take action?

If there are ongoing criminal proceedings the college may feel it should suspend taking any action until the outcome of the proceedings is known.  However, if the college considers that the student poses an unacceptable level of risk then it may be appropriate to consider suspending the student as a neutral interim measure.

Sometimes the police may ask the college not to take any action whilst their investigations are proceeding, for example to prevent tipping off.  The college should normally accede to such a request.

Can colleges take different approaches?

A “one size fits all” approach is not appropriate – different colleges may take different approaches depending on their mission and resources.  Devising procedures which are transparent, fair and robust and drawing these to applicants’ attention at the beginning of colleges’ dealings with them is vital to ensure that colleges may take action if they consider it necessary to do so.

Trish D’Souze is a Solicitor at Eversheds LLP

DfE denies FoI from AoC

The Department for Education (DfE) has declined a Freedom of Information request submitted by the Association of Colleges (AoC).

The AoC asked to see the list of applications to set up free schools for 16-19 year-olds next September, but the DfE has refused to disclose details.

Let’s talk about sex

Young people are full of contradictions.  Confident, yet uncertain.  Outgoing, but easily embarrassed . Streetwise, yet naïve.  Talk to them about S E X and all their contradictions all roll into one.

At a time when UK teenage pregnancy rates are the highest in Europe – in England alone 90,000 girls and young women under 19 get pregnant every year –  and the incidence of sexually transmitted infections are increasing, someone needs to talk about “it”.  But who?  The obvious answer is parents.  Research by the Sex Education Forum (2011) supports this, finding that young people say that parents are an important source of information about sex and relationships.  Research also shows, however, that parents underestimate just how much their children want to communicate with them – two-thirds of parents believe their teenagers have no desire to discuss sex with them.

a first year engineering student dropped his trousers in front of her and the full class so that she could determine whether or not he had “VD”.”

If parents are unable, or not willing, to talk to their children about sex then someone else has to.  That “someone” is often to be found in a college or training provider.  A colleague re-counts a story of how a first year engineering student dropped his trousers in front of her and the full class so that she could determine whether or not he had “VD”.  Unphased, but unqualified to comment she calmly asked him to zip-up and referred him to the college nurse.

Such stories are not unusual. Young people place an enormous amount of trust in those they see as being in a position of responsibility.   How far this responsibility can be taken without guidance and resources is, perhaps, a different issue.   A recent survey by EMFEC as parts of Sexual Health Programme with Colleges in the East Midlands, identified that 48 per cent of FE staff were not aware of any guidelines for staff involved in providing sexual health information to students.   Supported by the East Midlands Strategic Health Authority, the survey also found that 59% of providers did not have access to an on-site health professional.  Encouragingly, 76 per cent of those surveyed knew where to refer a young person if there was no on-site provision.

Regardless of any social or moral obligation to ensure that young people in colleges and other provider organisations are given the best advice possible, there is a strong business case for doing so; recognition in the Common Inspection Framework, for example, that attendance, retention and achievement improve when learners are healthy. Sex and Relationship Education (SRE) also enhances the overall quality of provision and reflects favourably on Leadership and Management in terms of safeguarding.

It is clear that some form of sexual health provision in provider organisations offer young people flexibility, convenience and support which benefits both the individual and the provider.  At a time when there is a shake-up of the NHS and public sector services face financial cutbacks the extent to which providers can address the sexual health needs of their learners is uncertain.   What we can do, however, is to advise, provide guidance and know where to refer young people for professional help.

Paul Eeles is Chief Executive of EMFEC and tweeting as @pauleeles

Not a happy holiday

Employees at Darlington College are being asked to take eight days of unpaid leave in a bid to save money.

As reported in The Northern Echo, the college has published a consultation that would force over 500 workers to take holiday without pay.

The proposal is in reaction to a contract which the college lost to train Army recruits.

Dan Taubman, senior national education official, University and Colleges Union

The best career decision Dan Taubman ever made, was “not becoming a principal.” 

When the Inner London Education Authority (ILEA) was abolished, where he had worked in adult education for more than 15 years, going into college management seemed like a natural progression.

But he was “lucky,” landing the job of union official for further education at the National Association of Teachers in Further and Higher Education (now the University and Colleges Union (UCU) as a result of a merger with the Association of University Teachers), where he has worked ever since.

“I would have had to go along with a lot of the crap that senior managers had to take, the constant switching of policy, of new fads and flavours every time you get a new minister,” he says. “Not becoming a college manager allowed me to keep my principles.”

This unrelenting regard for what is right and just has underpinned everything Taubman has achieved during a career in FE spanning more than 35 years, a quality he feels he gained from his socialist parents who had “faith in humanity” and a belief that “people are basically good and everybody’s got something worthwhile to offer.”

Not becoming a college manager allowed me to keep my principles.”

Born in Rochdale in 1947, Taubman describes his childhood as “firmly middle class.” His parents, both from Jewish backgrounds – although this was much more “cultural than religious,” he says – were well travelled and politically minded.  He passed the 11 plus with ease and went to the local selective grammar school.

But despite his happy childhood, Taubman was desperate to move London. At 18, he started a degree at the London School of Economics (LSE), but in the first year of his studies, was involved in a serious motorbike accident. He suffered a bad break to his leg – an injury that has continued to cause him pain and discomfort – which meant months away from university and having to start his degree all over again.

It was a “life changing” incident and as well as suffering post-traumatic shock at the time, Taubman has experienced periods of depression throughout his life, something he attributes, at least in part, to the accident.

But despite his personal difficulties, it was an exciting time to be a student, he says. “My final year was 1968/9, which was the year of student movement and revolution and LSE was at the centre of that with the Vietnam demonstrations and occupations. At one point, we were locked out for something like six weeks.”

Taubman was also on LSE’s entertainments committee, which he says “provided the musical accompaniment for the revolution” and put on lots of high profile bands, some of whom, like Jethro Tull and Fairport Convention went on to hit the big time.

After his degree, he started a PhD at LSE “not really knowing what it meant or what I was going to do,” funding his studies through part-time FE teaching.

Taubman never finished the PhD, stopping when the government funding dried up and drifting into a job as an adult education outreach worker for ILEA, one of 11 new jobs created in response to the 1973 Russell Report, which proposed adult education for all and more engagement with local communities.

Working through tenancy organisations, housing groups, community nurseries and simply knocking on peoples’ doors, Taubman and his colleagues began to build up a picture of what was needed in their communities (in his case, the notorious Ferrier estate in Greenwich, which has since been pulled down). “I worked with people on that estate for two years before I put on a single course,” he says. “And there were no performance indicators or anything like that…nothing like there is now.”

By 1986, Taubman had become a senior manager and vice principal of a large adult education college in Southwark. At the same time, he was DJing at a nightclub in north London (he later DJd for Napthe functions and discos) and helping to set up a housing co-operative where he and his wife still live, intriguingly, in separate flats joined by a garden. “We weren’t living together when we joined the co-operative, so we each got our own flat and it just stayed like that. Like any relationship, you have your ups and downs and it takes a hell of a lot to work through those, but having one space you can escape to helps. I guess at some point we will live together, but we’re happy for now.”

But while there were many personal highlights in the late 1980s, professionally things were dire.  After a long battle to save ILEA, it was abolished in 1990 and the demise of “everything we had spent ten years building up” was a very dark time for Taubman.

After taking voluntary severence, he toyed briefly with the idea of an MBA before settling on an MA in personnel and human resource management at Middlesex University. He joined NATFHE in 1993 as further education official where he has been ever since, bar a secondment to the DfES to help with policy development.

While things had been tough under Thatcher, by 1997 things had begun to open and, in the early days, New Labour brought “many good changes,” he says. But there were also flaws. “One was the way that learning, and particularly adult learning was more and more subsumed into economic and skills arguments. It was all about supporting the economy and new skills – not that one rejected these arguments – but we always maintained that there was something more to adult learning than that. It should be about liberation, empowerment and equality and a lot of that got lost.”

if this guy, who has a lot more against the British Empire than I do, can accept an honour, I think it’s ok for me…and frankly going to Buckingham Palace was a gas.”

He has been “pleasantly surprised” by the new Coalition government’s approach to FE “which has given it slightly more respect than it has had of late” and the FE minister John Hayes’s promotion of the role of further education colleges, although some of his ideas are “a mite strange,” he says. “He [Hayes] goes on about the aesthetics of craft and trying to recreate some turn of the 20th century concept of apprenticeships. Now there is something in that, but there is a bit of the rose-tinted glasses about it, which leaves out the politics.”

But Taubman is not so complimentary about the education minister Michael Gove and his approach to 16-19 learning, which he believes is “trying to turn the education of young people back to some fantasy of the 1950s.” In concentrating their efforts on A levels as “the elite qualification for university” as well as apprenticeships, the government is in danger of creating an “overlooked middle,” he says.

He talks frequently of “working class values” and “threats to working class communities”, but given his own background, can he really profess to understand what this means? Yes, he says, and this is probably down to his upbringing. “My parents didn’t have airs and graces, had friends throughout society and they taught me how to listen.”

His services to education were rewarded with a MBE in 2009, which caused “great hilarity” at UCU, he says. “It’s not often trade union officials get honours, so there was quite a bit of carping, most of which probably didn’t come to my ears. I was nicknamed Lord Carlo, after Carlo Street where our new head office is.”

But not everyone was pleased, including one colleague who said he shouldn’t accept the MBE. The tipping point, he says, was hearing about a colleague who was Indian who had helped establish the Indian Workers’ Movement. “He had accepted an OBE and I thought: if this guy, who has a lot more against the British Empire than I do, can accept an honour, I think it’s ok for me…and frankly going to Buckingham Palace was a gas. Let’s face it, I’ll never get invited again.”

 

Vandals confuse new college for mosque

Bournville College was vandalised several times last week after youths mistook one of the buildings for a mosque (as reported in the Birmingham Mail).

The golden conference centre in Birmingham, which opened this month as part of a £1 billion regeneration of the area, has had windows smashed and panels ripped off on numerous occasions.

BBC Radio 4 Apprentice programme sparks debate

A BBC Radio 4 programme has sparked concerns about the delivery of retail apprenticeships for learners already employed.

The show,  headlined ‘The apprentices’ and broadcast as part of the ‘In Business’  programme last Thursday (repeated on Sunday), spoke to a number of figures in the further education (FE) sector about the issues surrounding retail apprenticeships.

funding is being shamelessly used to fund the basic workplace training that the employers should be paying for anyway”

Prominent figures such as Professor Alison Wolf from King’s College London and Nick Linford, Managing Editor of FE Week spoke to Peter Day about the value of retail qualifications and their impact on the reputation of apprenticeships.

Christopher Winch, Professor of Educational Philosophy and Policy at King’s West College said that he found it hard to disagree with the comments made by Alison Wolf.

“There is a potential for damaging the brand,” he said.

“If you don’t think the qualification is a good one, then it’s not a good use of public money – full stop.”

Michael Woodgate, a consultant in the learning and skills sector said: “They (providers) must stop selling cheap and far from cheerful apprenticeships that achieve little apart from devaluing the whole concept.

“Outside a few key sectors, such as retail, where apprenticeship funding is being shamelessly used to fund the basic workplace training that the employers should be paying for anyway, apprenticeships are still disappointingly rare.”

Mr Winch added that large business, such as those found in the retail sector, were not being encouraged to contribute cash to the training schemes.

He said: “You need to be very careful, for example, that if a large supermarket is accepting public money to do 12 week apprenticeships that they’re not actually saving money by closing down expenditures that they would have otherwise included anyway to get these employees properly trained.”

Mick Fletcher, Visiting Research Fellow at the Institute of Education argues that the Skills Funding Agency (SFA) should be reminding providers that employers need to make a cash contribution to costs which are charged.

He said: “The SFA should introduce a new condition in its contracts reminding providers of the spirit of the guidance, which indicates that they should not claim for costs not actually incurred; and the assumption is that employers make a 50% contribution which should be the first place to which costs are charged.”

You can listen to ‘The Apprentices’ programme again here: www.bbc.co.uk/podcasts/series/worldbiz  and contribute your thoughts below

Forecasts suggest there are simply fewer 16-18 year-olds

Declining teenage population numbers could be playing a significant role in student shortfalls.

Figures compiled by the Office for National Statistics in a UK National Population Projection show the number of 16 to 18-year-olds could fall by more than 90,000 from 2011 to 2015 – from 2,279,948 to 2,186,192.

Experts believe this could have an impact on recruitment figures for further education (FE) and sixth form colleges.

Last week, FE Week revealed colleges are facing a significant shortfall following a report by the funding consultancy, and publisher of FE Week, Lsect.

The survey, completed by more than 100 FE and sixth form colleges, reported a shortfall – at the time – of 20,319 students.

Initially, the blame was partly placed on the government decision to axe the education maintenance allowance (EMA), which paid up to £30 a week to poorer students, with other issues such as schools marketing themselves better to their pre-16 students.

we are expecting quite a big decline in the demographics, and then it will go back up again.”

However, Rob Elliott, product manager for Capita Further and Higher Education, which works hand-in-hand with colleges to help improve business decisions, said demographics could have an impact on college recruitment.

He said: “Every year we look at the issues in the market. It was highlighted a couple of years ago that there is this decline (in 16 to 18 year-olds) coming along. This must be having an influence on recruitment.”

The theory is backed by David Igoe, chief executive of the Sixth Form Colleges’ Forum, who is leading a comprehensive survey into recruitment figures.

He said: “I feel it is having an impact. But it’s not just from our survey, but also data from the YPLA and the national statistics. This has been well-known and we are expecting quite a big decline in the demographics, and then it will go back up again.”

However, the pair also blames a number of other issues. Mr Igoe said: “Although early in our survey stage, colleges seem to be reporting two issues. One is the EMA and the other is higher education tuition fees.”

Meanwhile, Mr Elliott said: “There are the other points in there as well. The (cut of the) EMA I’m sure is having an impact. It’s also not necessarily schools marketing themselves better, but it’s the Department of Education promoting that side too, such as the work on free schools.”

A follow-up survey this week, again conducted by Lsect, shows a slight improvement on last week’s figures (click here to download responses).

In all, more than half – 58 per cent – of the 102 colleges who responded say their recruitment figures have “improved a little”, while only two per cent say they have “improved a lot” on last week’s statistics.

Meanwhile, 11 per cent say their figures are “a little worse because of withdrawals” with one “a lot worse”. The remainder say they have either not improved, or were on or above their target last week.

Plymouth College’s Chinese students meet sailors before capsize!

City College Plymouth’s Chinese foundation students were given the opportunity to meet the competing Chinese team at the America’s Cup World Series – a week-long international sailing regatta televised to millions of people around the world.

The students were given an insight into the planning and training involved in sailing the 45-foot wing-sailed catamaran. It is a good job that the students didn’t go for a sail in the vessel. Later, the China Team suffered damage to their wing from a spectacular capsize.

“Unfortunately the way the boat landed, the wind got under the wing and caused more damage. The boat then flipped over and over going downwind, from stern to bow, which was pretty exciting,” said Will Howden, a crew member on China Team. “A pretty nasty one but everyone is OK and that’s the main thing.”