Providers complain of ‘impossible timelines’ for lifetime skills guarantee offer

Training providers are “disappointed”, “extremely frustrated” and predict a “disjointed and likely stuttering start” to the government’s lifetime skills guarantee.

Funding for starts on the new fully funded level 3 offer for 24-year-old learners and above, announced by the prime minister last October, will be allocated to training providers as part of the adult education budget allocation from April 1 to July 31, 2021.

This means providers would need to both start and finish the mostly large full level 3 qualifications in a maximum window of just four months.

Typically, monthly AEB funding would be made available for courses continuing into the next academic year, but there are to be no AEB contract extensions this year.

FE Week understands the highly unusual limitation is a result of the Department for Education funding the scheme from a Treasury-specified National Skill Fund budget that starts in April, but routing payments to providers through AEB contracts that finish just four months later, in July.

And devolved mayoral authorities, such as the Greater London Authority, say they are still waiting for guidance from the government, but will likely have to follow the same policy for the end of this academic year.

The news was buried in version five of the Education and Skills Funding Agency’s AEB funding rules for this year, published last week.

For “contract for services”, it says in paragraph 403: “Learners must complete their programme by July 31, 2021. Funding will not be allocated beyond July 31, 2021.”

The guidance goes on to say colleges, funded from a “grant” rather than a “contract for services”, will not face a four-month window for both starts and completions, as they will continue to receive funding for the next academic year.

The Department for Education confirmed colleges will not need to complete delivery of the qualifications by July 2021, but declined to comment on whether this competitive advantage over private training providers was fair.

 

‘It’s a wasted opportunity’

Brenda McLeish, chief executive of the training provider Learning Curve Group, said: “We are disappointed to learn that the National Skills Fund funding allocations [routed via the AEB] are only available until July 31, 2021.

“These timelines make it almost impossible for us to be able to deliver under this offer. They are substantial level 3 programmes, for which four months is not enough time. We have huge demand from learners. However, providers will need to be given access to funding for learners beyond July 31. 

“It’s a wasted opportunity to have such a great initiative damaged by poor planning and contracting arrangements that will impact on learners.”

Jane Hickie, chief executive at the Association of Employment and Learning Providers, hit out at the way AEB contracts were limiting the access to the level 3 Lifetime Skills Guarantee scheme.

lifetime skills guarantee
Jane Hickie

 “Training providers and the learners they will be supporting face an unhelpful, disjointed and likely stuttering start through no fault of their own,” she said.

“This is especially disappointing considering the new level 3 adult offer is expected to play a key role in supporting disadvantaged adults without a prior level 3 train for careers in priority sectors such as adult care, construction and engineering.”

The DfE procurement team has yet to launch a promised £65 million tendering round for national AEB funding contracts starting August 2021.

ESFA college threshold for more in-year 16-18 cash drops to as low as an extra 35 students

The Education and Skills Funding Agency has today revealed a new in-year growth funding calculation for 16 to 18-year-olds to support “modest growth”.

The news comes after mounting pressure for greater support for an estimated 20,000 students who are currently going unfunded in colleges due to FE’s lagged funding model and a surge in young people choosing to continue education rather than enter work amid Covid-19.

In-year growth is usually only awarded to those colleges that have “significantly” oversubscribed but the ESFA said today that colleges with “more modest levels of over-delivery” will “also receive some growth funds” this year and has published a spreadsheet for institutions to use.

The ESFA explained that this process will be “purely data driven” and they will not accept business cases like in previous years.

The calculation includes lower and upper thresholds, depending on the number of students originally allocated prior to the year starting. It also takes into account any under-delivery in the previous year.

Most sixth form colleges and large FE colleges have been set the highest lower threshold of 100 students, but with a minimum growth increase of at least 10. This means if they over-delivered by between 100 and 109 they would not receive extra funding but if they over-delivered by 110 they would receive extra funding.

For colleges with a small number of 16 to 18-year-olds it is possible under the model for them to have recruited just 35 more students than allocated and still receive in-year growth funding. For example, with the lowest lower threshold minimum for colleges set at 25 and a minimum growth set by the ESFA as 10, a college could be funded for 10 extra students if they had an allocation of 300 and actually recruited 335.

For specialist post-16 institutions the lowest lower threshold minimum has been set at just five, with no minimum growth value. So a specialist post-16 institution would be funded for one extra student if they had an allocation of 50 and actually recruited 56.

Colleges with larger allocations and more significant growth increases would still only be funded this year for up to half the value of the growth, as has been the case in previous years.

The ESFA says growth payments will start to be received from March 2021 “in most cases” and will be profiled across the remainder of the current academic year.

James Kewin, the deputy chief executive of the Sixth Form Colleges Association, said this announcement was a “welcome move”.

“The threshold for securing in-year growth funding has always been very high, and as a result, very few institutions have been able to access it,” he told FE Week.

“Reducing the threshold will make this funding available to more colleges and relieve some of the short term financial pressure that can accompany growth. It is particularly welcome this year given the sharp increase in student numbers experienced by many institutions.”

Kewin added that he would like to see similar arrangements put in place for future years, particularly as the demographic increase in the number of 16 to 18 year olds is set to continue in many areas until the end of the decade.

Today’s announcement did warn that the agency has not yet made a decision on in-year growth for 2021/2022 and colleges “should not assume that the 2020/2021 rules above will be continued next year”.

This process does not apply to independent learning providers for whom there is a separate reconciliation process.

Profile: Ian Pryce, chief executive, The Bedford College Group

JL Dutaut meets a longstanding college leader who thinks we could all benefit from taking the long view

How does a leader navigate such times? A phrase keeps coming back to me that encapsulates our sector today: “the fierce urgency of now”.

When Martin Luther King, Jr coined it in 1967, it was a call for action. Today, I can only imagine tired college leaders using it to imply their deep desire for everything to slow down.

At least, that was true until I met Ian Pryce. We sat down to talk as the past year’s dizzying events were undergoing another burst of acceleration. A new and more transmissible form of the virus. Queues of lorries stretching through Kent. In education, a U turn on college closures at no notice, exam cancellations, uncertainty about Btec assessments and lateral flow testing.

Given the context, any college leader could have been forgiven for taking King’s next sentence in that fateful speech – “In this unfolding conundrum of life and history there is such a thing as being too late.” – and aiming it sardonically at the Department for Education. Every pressured decision and reversal and every new and pressing deadline has narrowed horizons.

It really is a great job, you know. That’s why I want to try and get more people to want to do it

Amid all this, what struck me immediately and kept surprising me throughout my interview with the Bedford College Group chief executive was his utter calm and leisurely manner. I must’ve let that surprise show, because he stopped one train of thought about college leadership to interject the following: “It really is a great job, you know. That’s why I want to try and get more people to want to do it.”

Just like that, he’s made me question my premise. His calm demeanour is quite disarming. Hardly surprising that this CBE for services to education has long been touted by his peers as a possible future FE commissioner.

I can however reveal that he didn’t apply for the post, for which interviews have been held this week. He’s aiming to retire in a few years, he tells me, and adds “I don’t think I would be a great fit. There are many principals who would be much better at it than me!”

A young Ian Pryce

Pryce’s humility and composure stem from something as rare as it is simple: experience. Not just 22 years in leadership, but 22 years running the same college. Few can boast of such consistency and, much to his chagrin, few can even aspire to it. “That’s one of the sadnesses,” he tells me. “A lot of people say ‘I can probably last 10 years as a VP, but it’s harder to do that as a principal’.”

Wrily, he adds that being a principal is harder, “but it’s still better than being a vice principal.” Experience, it seems, also breeds a healthy sense of humour. More than that, it allows you to observe your surroundings with a longview. Look through it one way and distant things look larger. The other, and close ones shrink.

Born in London, Pryce’s family soon moved to south Manchester, where and he attended a “highly academic” Catholic school, achieving good results. As was then standard practice, he was not advised but “instructed” to study sciences at Cambridge. His heart was set on history and maths, but “they told me the only alternative that was acceptable to the school was to study medicine.”

So off Pryce went to the University of Manchester, but after two years he transferred from medicine to maths. “I’m quite squeamish,” he explains. He doesn’t dwell on two lost years, though. He had a great time gigging with Cry Wolf when the punk rock scene was at its zenith, and met his future wife.

Maths degree in pocket, Pryce got a job in finance at Liverpool Council just in the midst of its stand-off with Thatcher’s government. “We had to do a lot of strange things with creative acc…” He stops short. “It was a really interesting intellectual exercise from a finance point of view.”

A good memory can help you with your decision making

When I draw him on similarities between that period and Andy Burnham’s recent spat with Boris Johnson, he dismisses it at first. “With Burnham it’s a reasonable conversation about centralisation and localisation.” But he does add that “the last few years feel a bit like that period. I always think that if you’ve got a good memory and you’ve been around you’ve got that experience to help you with your decision making.”

Pryce actually has 24, not 22 years of Bedford leadership to draw on. He started in 1996 as finance director before becoming principal. After a few years in local government, then in electricity industry and retail, he took redundancy rather than move to Yorkshire. A job came up at the fledgling Further Education Funding Council, an exciting opportunity just when colleges were being incorporated.

Ian Pryce - still gigging

Not a practical person by his own admission (ignoring his talent on the guitar), he’d particularly admired the engineers during his time in the electrical sector. In contrast to the “conservative and prudent” professionals of finance, “they’d bring out little pet projects they were doing that were nothing to do with what they’d been tasked to do. I found that really exciting.”

From there, the move to Bedford came because of something he shared with those engineers with their pet projects: “I’ve always wanted to understand how things work, and be in charge of it. So I thought I’d make the move to a college.”

Two years in as finance director, the principal announced his departure and Pryce went for the top job. A letter from a majority of staff all but demanding his appointment sealed the deal in his favour – a testament to that calm and soothing demeanour.

The community drives the curriculum drives the people drives the money

But personality is no guarantee of longevity, and Pryce puts his down to a mantra he brought to the job from his time in finance. “The community drives the curriculum drives the people drives the money, and never the other way around.” He calls it “a recipe for not wasting any money. You can point to why you’ve spent every penny, because the community wants it.” He adds that the that mantra has helped Bedford through Covid. “What does the community want? How do we organise the curriculum if we go into lockdown in a way that still gives the community what they want?”

To me, it sounds like the inverse of a finance-driven approach, but Pryce insists that’s not so. In fact, he has little time for those who “do a job on the numbers” for a quick fix, dropping courses rather than investing in improving on the things communities want. It took him 10 years to get Bedford to outstanding – longer than most people last (or even imagine they can) in the job. He points to the small number of colleges “who have never been below grade 2 over 5 or 6 inspections. The majority of colleges will get into that position at some point in the cycle and get out of it.”

So as he surveys the choppy waters around us, Pryce’s assessment is that our major problem is interventionism. It’s one of the key reasons he couldn’t imagine himself toeing the line as FE Commissioner. Instead, we should “make sure they’ve got a plan, but just leave them alone to get on with things”. Raise the sails. Man the tiller. The storm will pass.

Ian Pryce meeting Gordon Brown

He’s also rueful about another symptom of our costly, quick-fix attitude to leadership, what he sees as our tendency to confuse bad decisions with bad conduct. “It used to be that you could lose your job and, unless it was for conduct, you could make a comeback in another college. Now, a lot of very good people have lost their jobs and disappeared.”

So the longview of college leadership does bring some sadnesses, but it also brings with it a benefit that far outweighs them: it’s hard to take yourself too seriously. Or anyone else for that matter.

Pryce achieved edu-celebrity status in 2017 by re-writing, performing – in a wig and a dress – a version of Dolly Parton’s Jolene. It was dedicated to then-education secretary Justine Greening. “We work so hard we hardly sleep / There’s nothing we can do to keep / Our staff. They’re leaving every week, Justine.”

But parodying is one thing and hot-headed criticism another. Pryce is certain the song did more to draw the minister’s attention to key issues that a hundred angry letters would have. In that, he is nothing if not consistent. Even in the face of everything happening around us, he models the forgiving attitude he preaches and in lieu of criticism, he offers advice:

“The thing that bedevils ministers at the minute is keeping things secret. Discuss openly, get some advice on what you’re going to say first, and share. People are too nervous about sharing things, and that’s true of ministers too.”

There’s certainly something to be said about looking through the longview. As we speak, every pressing matter of the day seems to recede to a distant horizon. Our destination and route seem a little clearer.

We could certainly all do with a bit of that, and there’s no time like the present to set that course.

UK pulls out of EuroSkills competition owing to Covid-19 uncertainty

The UK will not take part in this year’s EuroSkills competition – the first time the country has pulled out of any WorldSkills competition in history.

The decision, which has also been taken by Finland, Netherlands, and Norway due to Covid-19 restrictions, has been announced as WorldSkills Europe, the organisers of EuroSkills, revealed the competition will now take place in Graz, Austria on 22 to 26 September this year.

It has also been confirmed WorldSkills Shanghai, which had been set to take place in 2021 before being postponed, will now take place between 12 and 17 October 2022.

Neil Bentley-Gockmann

WorldSkills UK chief executive Neil Bentley-Gockmann said the decision the pull out of EuroSkills had been “difficult”.

“There is still too much ongoing uncertainty, with a changing situation in terms of Covid security, to be able to commit now to participate,” he added.

“We have a duty of care to our competitors and we are aware that the ongoing restrictions means that our Team UK members might not be able to prepare fully, in sufficient time, for the event. 

“We are also aware that we may face further controls regarding international travel, and we are not in a position to commit public funding to take part when we could face further disruption.”

The UK has competed in every EuroSkills competition, where young people from across the continent compete against one another in skill-based tournaments, since they started in 2008.

At the last EuroSkills event, in Budapest in 2018, the UK secured a place in the top 10 nations, finishing ninth in the medal tables.

There has also been a UK representative at every WorldSkills competition, where young people from across the world compete, since 1953.

The EuroSkills competition had been set to take place in Graz in September 2020.

Competition organiser Josef Herk today said they “will do everything in our power to hold EuroSkills in Graz in autumn 2021”.

“With our enthusiasm and spirit unbroken, we shall make it an international showcase for education and training,” he continued.

WorldSkills Europe has reassured those countries which are participating that it is “constantly” monitoring all possible scenarios and risks for holding EuroSkills in September.

The team behind it have drawn up “extensive” measures and put together a “well-balanced and extremely” comprehensive Covid-19 prevention plan, they insisted.

Bentley-Gockmann said the UK will now focus on training for the WorldSkills competition in Shanghai next year, “key” to which will be activities such as pressure tests against other nations.

The UK took part in such a pressure test against China in November, with both teams partaking in their respective countries and communicating virtually, where our team of electronics competitors proved victorious.

Continuing delivery of flexible and safe end-point assessment in 2021

Despite the Institute for Apprenticeships and Technical Education (IfATE) extending temporary flexibilities to support apprentices, further restrictions with national lockdown 3 may be causing difficulties for FE Colleges, employers and training providers.

COVID-19 has impacted everyone in the UK and the further education and skills sector is no exception. Apprentices just starting programmes, or in the middle of them, need to know they will have access to a reliable end-point assessment which will run safely in the current circumstances, to allow the apprentices to graduate and fulfil their potential.

Experts in providing a robust and rigorous end-point assessment service, the Energy & Utilities Independent Assessment Service (EUIAS) is continuing to collaborate with colleges and employers to safely deliver end-point assessments under COVID-19 restrictions.

During these uncertain times, where concerns surrounding completing end-point assessments in the most secure manner are inevitable, the EUIAS remains adaptable and compliant in its innovative approach to assisting FE Colleges, employers and training providers.  

Kelli Horner, Apprenticeship Manager at Kendal College said “we are delighted with the support received by the EUIAS as an end-point assessment organisation. The communication has been excellent and the range of support processes in place have ensured our apprentices are fully prepared for the EPA element. The team visited our centre and proved to be a valuable resource to employers.”

 

The specialist organisation works with a range of industries, including, gas, power and water, delivering apprenticeship standards across the energy and utilities and adjacent sectors. The EUIAS is approved to deliver end-point assessment for 12 standards:

  • Gas Engineering Operative
  • Maintenance and Operations Engineering Technician
  • Power Network Craftsperson
  • Dual Fuel Smart Meter Installer (Electricity and Gas)
  • Water Process Technician
  • Water Network Operative
  • Utilities Engineering Technician
  • Gas Network Craftsperson
  • Gas Network Team Leader
  • Electrical Power Protection and Plant Commissioning Engineer
  • Electrical Power Network Engineer
  • Engineering Construction Pipefitter

Regardless of the circumstance, the EUIAS is committed to providing high-quality service, ensuring apprentices are provided with the best training opportunities and assessments. The organisation has adapted quickly and reacted creatively to the challenges coronavirus has brought while operating in safety critical industries.

Bernie Zakary, Head of the EUIAS said “we welcome the decision from IfATE to extend COVID flexibilities for end-point assessments. The EUIAS has remained open throughout the pandemic and will continue to serve our customers wherever it is possible to do so. Some flexibilities are already ‘tried-and-tested’ and approved for use. However, we are always happy to discuss different approaches with customers and seek approval for new flexibilities.”

Across the 12 standards, there are several flexibilities in place to allow apprentices to continue while minimising coronavirus risks. In updated government guidance remote education is encouraged and, where possible, apprenticeship training and assessment should be delivered remotely. The EUIAS not only complies with the new rules but operates flexibly to accommodate for any unforeseeable changes. The agreed flexibilities include:

  • Trade tests live streamed to assessors in remote locations (enabling trade tests to take place without assessors having to travel or be on-site)
  • Where connectivity is not good enough to support live streaming, recording of trade tests for remote assessment later
  • Temporary suspension of the requirement for assessors not to be involved in the apprentices’ training programme (enabling EPAs to take place when employer technical experts are not able to travel to the required site)
  • Technical interviews being carried out using video-conference technology; while reviewing portfolio evidence

During July 2020, water company United Utilities were creating safe social distancing methods to help its final year apprentices complete the final stages of their scheme. Jacqui Kawczak, Apprenticeship Delivery Manager at United Utilities said: “At a time when exams and further learning stopped or was postponed, our apprenticeship team worked around the clock with the Energy & Utilities Independent Assessment Service. By working collaboratively, we created a proposal showing that by using technology to live stream assessments and retaining some employees, the right environment could be created, allowing apprentices to complete their learning. We were delighted when our plan was approved, resulting in 26 apprentices successfully completing their end-point assessment on time as planned.”

Apprentices at United Utilities taking part in a live stream trade test during the coronavirus pandemic

The EUIAS has experienced many successes and accomplishments. The first to graduate achievers on apprenticeship standards, the first to graduate a female apprentice, the first to secure achievers on the Maintenance and Engineering Operations Technician (MOET) standard and have now had over 1,800 achievers across all standards.  

EDF Energy, Orsted Offshore Wind, Phillips Healthcare, ScottishPower and United Utilities are but a few major employers the EUIAS provide their expert service for.  

The EUIAS recommends FE Colleges, training providers and employers appoint an end-point assessment organisation at the start of the apprenticeship, so both parties are clear on what is expected. Once appointed, the EUIAS will provide employers with guidance materials and training to support them throughout the apprenticeship journey. The EUIAS service includes:

  • Technical expert appointment and approvals
  • End-point assessment training, scheme handbooks, apprentice guides, management, and administrative activities to plan and schedule end-point assessment activities
  • Assessment tools for end-point assessment, final grading decisions (via panels, examiners and moderators), certification, standardisation, monitoring and quality assurance

To choose the EUIAS as your end-point assessment organisation or to find out more about how the team can help you, contact Steven Green on 07765 253 454 or steven.green@euias.co.uk or visit www.euias.co.uk/FEWeek

DfE expanding FE teacher recruitment programme with £3m tender

Suppliers are being sought to bring as many as 4,000 teachers into the further education sector by 2025, as part of an expansion to a major recruitment scheme.

The Department for Education has launched a tender, worth £3 million, for national delivery partners for the Taking Teaching Further programme, which was earmarked for an expansion in the Skills for Jobs white paper last month.

“Given the wider economic importance of FE in raising skills levels and providing a passport to opportunity for young people and adults, particularly through apprenticeships and T Levels,” the prior information notice reads, “we need sufficient numbers of highly skilled teachers in place to deliver high quality, work relevant skills training”.

There is “a very real need” for recruits to have industry expertise and “excellent” teaching skills, as this “is paramount for delivering first-rate FE teaching,” the notice adds.

The first three rounds of the Taking Teaching Further pilot, which has been run by the Education and Training Foundation between 2018-19 and 2021-22, offered places to 150 teachers across the first and second rounds, and 550 places were available for round three.

We need sufficient numbers of highly skilled teachers in place to deliver high quality, work relevant skills training

Last Thursday the DfE announced round 4, to support a further 550 places with the full costs of undertaking a Level 5 teaching qualification, reduced teaching workload and other support, such as paired teaching and mentoring in the first year of teaching. A spokesperson for the Education and Training Foundation said they will make more information available in due course.

As the programme expands, the DfE anticipates there could be around 1,000 places on offer in the first year of this contract (round 5) and this would rise to 4,000 by 2025 (round 7).

The three-year contract start date has been set for April 2022, but the prior information notice says it could begin as soon as this December, and it also leaves the option open for the DfE to expand the contract to March 2026.

Organisations which have delivered similar funding programmes are being asked to come forward by the DfE, which is also inviting suggestions and feedback on the proposed content and structure of the programme.

Taking Teaching Further works by funding providers to recruit teachers, and according to the notice, the programme is constructed of a mix of ‘training while teaching’, part-time study, as well as mentoring and work shadowing with a reduced workload in the first year of teaching so recruits can train.

Delivery partners will hand out funding to providers, secure take-up, and provide additional support, including helping to promote the programme.

The much-anticipated Skills for Jobs white paper set aside an entire chapter to discuss plans for expanding and upskilling the further education teaching workforce.

It promised a “significant” new investment in the FE workforce in 2021-22, claiming it would take the total investment in that area to over £65 million.

It also revealed there would be a national recruitment campaign to highlight the benefits of a career teaching in further education, targeted at “high-potential graduates and experienced industry experts”.

A tailored professional development offer for apprenticeship teachers and lecturers, and the introduction of employer-led standards for initial teacher education were also promised.

The DfE will be running a market engagement event for the Taking Teaching Further expansion in the week beginning 22 February. Those wishing to attend have been asked to email HEFE.Commercial@education.gov.uk.

Ofsted confirms remote inspections extended until March 8

Ofsted has confirmed that in-person routine inspections will not be returning until March 8 at the earliest.

The education watchdog had originally planned to undertake remote inspections until the February half-term before reviewing its next steps.

However, new guidance published as part of the inspectorate’s rolling Covid-19 update today confirmed that planned inspection work will be carried out remotely until March 8 at the earliest.

But Ofsted can still conduct on-site inspection if it has “immediate” concerns over such areas as safeguarding.

The watchdog’s remote inspections began last week with a “particular focus on how well learners are being educated remotely”.

While it had originally planned to conduct inspections this term on-site, these plans were dropped in January after inspectors rebelled and advice from the government for everyone to “act as if you have the virus”.

Experienced sector leader appointed new Hull College Group chair

The former principal of Trafford College has been made the new chair of Hull College Group, FE Week can reveal.

Lesley Davies OBE has been appointed less than a week after the shock resignation of Daf Williams, who left after the college launched an investigation into spending under his watch.

Interim principal Lowell Williams began the inquiry after FE Week revealed last month Hull College Group had committed close to £300,000 on a three-year stadium naming deal for the Hull Kingston Rovers rugby team, signed in 2019.

Lowell Williams

Williams called it “great news” Davies had been made chair for the next year, as she “brings a wealth of experience and a deep understanding of governance in further education”.

He said it “really does mark the beginning of an exciting new phase for the college”.

Davies was principal of Trafford from 2016 until her retirement in July 2020, during which time it maintained its ‘good’ rating from Ofsted and took over the struggling Stockport College in 2018.

Previously, she has also served as deputy chief executive of the Association of Colleges, and assistant director of inspection for the Adult Learning Inspectorate and was awarded the OBE for services to education in 2015. She will continue to serve on the Ofqual board and as the chair of the UK Skills Partnership Board during her term with Hull.

Speaking upon her appointment, Davies remarked the college has been through a “particularly difficult period, with changes in leadership and the board”.

Daf Williams

Hull is now on its fourth interim principal since the last permanent leader Michelle Swithenbank left her post amid an investigation into staff appointments and the college’s finances. The college is in formal intervention from the FE Commissioner, and has said a new permanent principal, Bradford College’s deputy chief executive Chris Malish, will join the college in May.

FE Week revealed last month Hull is also closing one of its two campuses, in Goole, at the end of the academic year, after finding that it is running at a loss and its premises were deemed to be of “low quality”. Once this goes ahead, it will drop the word ‘group’ from its title and be known as Hull College.

“It is really important to our staff, students, our stakeholders and our local community that we provide stability and certainty going forward,” Davies said, promising to “work closely with board members and the leadership team to ensure we embed good governance and strong leadership across the whole college”.

She has promised to engage staff, students and the wider community by making the work of the governors “far more transparent,” by publishing minutes from board and committee meetings on the college’s website “in a timely way, and by developing new performance indicators for the college.

The college appointed eight new governors last year and started a review of its governance arrangements with a National Leader of Governance in January. It has applied to the Charity Commission to remunerate Davies as chair, but she has joined before that has been agreed to.

Colleges need to know about changes to DBS checks

Colleges that fail to make necessary changes to their DBS check procedures could face a potential claim for damages, writes Joanne Moseley

If you are in the middle of recruiting new staff for your college, then you should know that you must not ask for a DBS certificate made before a date in late November. This is because of changes to DBS “filtering” rules.

Filtering describes the process that shows which criminal records are disclosed on a standard or enhanced DBS certificate. The rules have been in place since May 2013 and affect both what an employer can ask in relation to a person’s convictions and cautions and what is then disclosed.

The old filtering rules meant that single convictions for non-violent, non-sexual offences which did not lead to a custodial sentence would not be disclosed after 11 years – or five and a half years if the person was under 18 at the time of the offence.

But that exemption did not apply if the person had more than one conviction, however minor the offences. There have been a number of successful legal challenges to this.

As a result, the government has made changes. Under the new rules, standard and enhanced DBS certificates will no longer automatically disclose warnings, reprimands, youth convictions and all spent convictions, even where someone has more than one conviction.

That is provided the offence is eligible and did not lead to a suspended or actual prison sentence. All convictions resulting in a custodial sentence must be disclosed.

You should not ask them to provide an old DBS certificate as it may disclose information you no longer need to know

The changes to filtering rules affect the end of the DBS processing stages. If a certificate was created before 28 November 2020 then the previous rules will apply. If a certificate is created after this date, then the new rules will apply.

So, if you are in the middle of a recruitment process for a new staff member, with applicants currently being considered for a role, you should not ask them to provide an old DBS certificate as it may disclose information you no longer need to know.

The three key areas for colleges to consider are: 

1. Information management and GDPR

We recommend that your college reviews the records of existing staff with criminal records and amends or removes any information that is filtered under the new rules. This minimises the risk that you will take decisions based on out-of-date information!

Existing staff also have the right to have out-of-date information erased.

If you fail to make the necessary changes, this could result in a GDPR breach and/or a potential claim for damages.

2. Hiring practices

You may need to update your recruitment processes. Any job application forms for positions that are eligible for a standard or enhanced DBS check will need to correctly reflect the new rules.

The government has published further guidance to help employers ensure that their recruitment processes are up to date. It suggests that you ask the following questions.

“Do you have any unspent conditional cautions or convictions under the Rehabilitation of Offenders Act 1974?”

“Do you have any adult cautions (simple or conditional) or spent convictions that are not protected as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020?”

The guidance also encourages employers to include these specific paragraphs in their standard application forms:

“The amendments to the Rehabilitation of Offenders Act 1974 […] provide that, when applying for certain jobs and activities, certain convictions and cautions are considered ‘protected’.

“This means that they do not need to be disclosed to employers and, if they are disclosed, employers cannot take them into account.

“Guidance about whether a conviction or caution should be disclosed can be found on the Ministry of Justice website.”

If a job applicant discloses a criminal record in conjunction with a current job application, you should check whether you are legally obliged to ignore it in accordance with the new rules.

3. Updates to policies and training

You may also need to update your policies and make sure relevant staff are made aware of and/or receive training on the rule changes.