Catholic sixth form in need of partner to survive, claims FE Commissioner

A Blackburn-based catholic sixth form college is no longer “sustainable” due to falling student numbers, the FE commissioner has claimed.

St Mary’s College, which is the smallest sixth form college in England, received two visits from Richard Atkins’ team in 2019 and has now been placed in “supervised status”.

It was first warned four years ago of its deteriorating financial position and urged at that time to find a merger partner or academise. It has survived on its own since then, but its ability to continue doing so appears to have come to a head in the past few months.

The college is now operating under extreme financial pressure

Plans were previously developed to create a formal federation between Liverpool Hope University and Cheadle and Marple Sixth Form College but this “did not address the financial weaknesses at St Mary’s directly”, today’s report said.

The FE Commissioner has now concluded the college could not continue as a stand-alone entity beyond the current year and “urgently requires” a restructure, with a merger the most likely solution.

St Mary’s College was declared to be at “serious risk of financial failure” while a “weak” balance sheet was said to provide “no resilience against unforeseen events and raises questions as to future solvency”.

Atkins’ report reported that it was clear the college is “now operating under extreme financial pressure”, which it said was the result of years of falling student numbers.

ESFA 16 to 19 student allocation numbers show a steady decline over the last three academic years: in 2017/18, there were 892 recorded, which decreased to 818 in the following year and 703 this year – a 21 per cent drop.

Against a capacity of 1,250, there was only 653 students on roll at the time of the FE commissioner’s visit in November.

But comments by these learners regarding teaching, learning and support were positive and they unanimously believed they would achieve their desired outcomes and destinations, according to the FE commissioner. 

The Blackburn-based college “provides good academic experience and outcomes to students, many of whom are very local to the college and reluctant to travel”, today’s report said.

Ofsted had declared it was a ‘good’ provider after a full inspection in April.

While St Mary’s College currently forecasts that the number of students will rise in 2020/21, the report cautioned that the degree of optimism must be balanced against inaccurate historic growth predictions.

The FE Commissioner found that the provider has only been able to operate because of income received from its preschool nurseries and higher education provision but that these could not be relied upon, with funding from the ESFA “insufficient” to sustain its mainstream level 3 programme.

In addition, the sixth form college’s governance was reported to be “in a transition” and criticised for being “not strong enough” in its current form to support structural change, despite calling governors “well qualified, purposeful and united in their wish to drive the college forward”.

Vice principal Elissa Best has taken on the responsibilities of interim principal while Mark Conboy was appointed the new chair of governors.

In a letter published alongside today’s report, former Department for Education minister Lord Agnew said it was “clear that previous efforts to secure the college’s financial position since being placed in intervention have failed”.

“The college is currently operating under extreme financial duress and is unsustainable without immediate exploration of possible structural solutions,” he added.

Agnew was particularly “concerned” by the FE Commissioner team’s observation that the college’s current governance arrangements are “unsuited to supporting structural change”, and “strongly advised” the college now works with a National Leader of Governance to “urgently address” these “deficiencies”.

Previous efforts to secure the college’s financial position have failed

FE Week understands it is St Mary’s status as a fully inclusive Catholic college which is proving problematic when it comes to mergers and academisation.

The college confirmed a structure and prospects appraisal, taking place from February to April, “will consider a range of options”.

A spokesperson for St Mary’s College told FE Week: “The challenging financial situation faced by St Mary’s College has been well documented; the college remains a ‘going concern’ and continues to provide good quality education for many learners.

“Work with the ESFA and FE Commissioners team continues to explore long term, sustainable solutions for the college, with all staff continuing, as always, to focus on the delivery of quality educational provision for the local communities that we serve.”

They declined to provide an update on this or comment on a potential merger.

In the latest financial accounts for 2018/19, the provider recorded a £347,264 deficit, an increase from £249,781 in 2017/18.

The statement also noted that Barclays bank, through which the college has £2.88 million worth of loans outstanding, continues to be supportive despite breaches in covenants and a reservation of rights letter.

MOVERS AND SHAKERS: EDITION 307

Your weekly guide to who’s new and who’s leaving.


Claire Foster, Principal and chief executive, Boston College

Start date: Spring 2020

Previous job: Vice principal of curriculum and higher education, Grimsby Institute

Interesting fact: She owns and runs a successful café bar, a family business on Lincolnshire’s coast


Alex Warner, Principal, South Central Institute of Technology at Bletchley Park

Start date: March 2020

Previous job: Director of technology faculty, Activate Learning

Interesting fact: A former sponsored athlete, he has completed over 15 marathons


Wendy Reid, Acting chief executive, Health Education England

Start date April 2020

Previous job: Executive medical director and director of education and quality, Health Education England

Interesting fact: She is learning to speak Italian


Ben Frier, Vice Principal, Haywards Heath College

Start date: April 2020

Previous job: Boarding housemaster, Brighton College

Interesting fact: He was an extra in the Terrence Mallick film Thin Red Line

Funding rates could be slashed by over 40% in apprenticeship shake-up

Funding rates for some apprenticeship standards could be cut by almost half under new proposals being put forward by the Institute for Apprenticeships and Technical Education.

A consultation on plans for a “more transparent” system for setting apprenticeship funding rates for standards, based on “independent evidence”, was launched today.

But the institute also published an impact assessment detailing how significant rate reductions could result and made it clear the new method “strengthens value for money, by supporting employers to pay the appropriate costs for training and enabling more employers to access funding”.

Officials have proposed three models: ‘core’ method which includes five categories (see below), core with sector subject weighting, and core with employer input. The values used in the models are based work undertaken by the IFF Research, a research agency, on behalf of the IfATE.

The impact assessment was carried out to test each model on nine existing standards last year.

FE Week analysis shows that eight of the nine standards would see their funding rate drop under all three of the proposed models.

Rates dropped by an average of 30 per cent using the ‘core’ method.

And when the core with subject weighting, or the core with employer input models were applied, the average rate across the 9 standards fell by 18 per cent and 2 per cent respectively.

For three of the tested standards, their funding rates dropped by more than 40 per cent using the ‘core’ model.

Association of Employment and Learning Providers chief policy officer Simon Ashworth said: “We welcome the greater transparency but nonetheless it’s worrying that the interim impact analysis modelling points to a significant downward trend in funding.

“If this were representative of the final outcome, the implications for high quality delivery could be bad. Therefore AELP will be studying this very closely.”

The institute has said that there is “no intention” to reset current funding bands using the final new model in the short-term.

It would be for use on “wholly new or fundamentally changed apprenticeship standards rather than to review the existing stock of standards”. But where a request for a standard to be reviewed or revised is submitted, “we anticipate that a variation of the model would be used”.

A spokesperson for the Institute for Apprenticeships and Technical Education (IfATE) said: “The purpose of this consultation is to make sure funding recommendations are evidence-based and transparent.

“We want the decision making process to be clearer to employers, providers, awarding organisations and everyone else involved with delivering apprenticeships.

“It is a positive step to help address previous concerns about funding band decisions and we welcome as much constructive input as possible.”

The sector has until 6 April to respond to the consultation.

 

Core model

The IFF’s research found that eligible costs of apprenticeship training and assessment could be divided into five categories: teaching, consumables, formative assessment, end-point assessment (EPA), and administration (and eligible overheads).

The institute’s proposed approach is to “set a value for each of these five categories” and the maximum funding band would be “the sum of the five values” (see table).

The pricing of consumables would range from £100 to £400 and be advised by individual trailblazer groups for each standard, while EPA would be based on a quote provided by the end-point assessment organisation.

For teaching, formative assessment and administration, the IFF research suggested that these costs tend to increase as duration increases. So, the values for these three categories will be generated by multiplying a monthly rate by the planned duration (in months) of the apprenticeship.

The costs for these three categories have been set at £130 per month for teaching, £30 for formative assessment, and £30 for administration.

Where an apprenticeship requires the achievement of one or more mandatory qualifications, the IfATE has said £300 can be added (only once per apprenticeship) to the formative assessment value.

The institute says this “predictable and simple” core model would enable it to make transparent recommendations in a consistent way and achieve greater value for money.

However, officials noted that in some cases there may be other factors which lead to differences in costs and the core model “might not be able to capture those differences”.

To address this, it has set out set out a further two options “for capturing differences in delivery costs for different types of apprenticeship”.

 

Core with sector subject weighting

For this option, Sector Subject Area (SSA) in ‘programme cost weightings’ (PCW) would be applied to teaching costs, as this category had the “greatest variation” between standards in the IFF’s research.

This weighting is already used for publicly funded adult education and is also used provide uplifts for subjects identified by the Office for Students as “high cost” teaching areas in higher education.

One of five rates, ranging from £130 to £220 per month, would be applied to each of the IfATE’s 15 apprenticeship routes.

The IfATE states that the benefits of this option are a “completely automated and transparent process” which “better reflects the variation between costs than the core model”.

The option would also “significantly decrease the burden on trailblazer groups providing indicative training cost data”.

However, the institute added, this weighting “wouldn’t be sufficiently flexible to respond to costs which are unusual for a sector”, so some funding bands could still come out higher or lower than the current band.

 

Core with employer input

The IFF’s research found that, on average, contact time with apprentices was split approximately 90 per cent in group teaching and 10 per cent in one-to-one settings. It also found that when apprentices were taught in groups, the average class size was 12. The £130 per calendar month rate, in the core model, is based on these averages.

If a trailblazer group considers that, for their apprenticeship standard, this value would be “insufficient” and teaching would need to be delivered differently to this ratio, and they could provide evidence to support this, then then their teaching costs value would increase.

And similarly, if employers consider that consumables for their apprenticeship standard are typically unusually high for their route, their cost could increase as long as sufficient evidence is supplied and signed off by the IfATE.

The trailblazer group would need to provide an itemised list of consumables required per apprentice and their cost as the evidence.

 

Minister takes the wheel at HS2 college ‘in light of the severity of financial situation’

A National College surviving on government bailouts has been placed in supervised status after the FE Commissioner found it is now facing possible insolvency.

The commissioner’s report into the National College for Advanced Transport and Infrastructure (NCATI) has been published this morning, as has a Financial Health Notice to Improve for the college, after it was placed into formal intervention in December 2019.

Commissioner Richard Atkins said NCATI’s board has been advised on how to operate while facing a “potential insolvency” and “radical change is urgently required”.

He added that “without a commitment of 12 months of continued emergency funding the board will not be able to sign off on their 2018/19 financial statements as a going concern”.

This was exactly the same situation as when the then-National College for High Speed Rail (which later became NCATI) needed £4.55 million from the DfE to sign off its 2017/18 accounts.

It was found 72 per cent of the college’s income was spent on its 12 senior management roles, what the report calls “an exceptionally high overhead cost to carry”.

As of December, the college had 216 apprentices and 94 other full-time students – even though the 2019/20 budget was based on 761 apprentices and 263 full-time learners.

The shortfall is blamed on “the uncertainty around the future of HS2,” the high-speed rail line linking London with the midlands and the north and has led to the two campuses, in Birmingham and Doncaster, being “significantly under-utilised”.

Fifty non-teaching staff work at NCATI, “a very high level of resource for a college with such low levels of delivery activity,” the report says; but the college leaders argued they must be ready in case there was an upturn in HS2’s fortunes. The project was given the go-ahead by the prime minister this month.

In a letter attached to the commissioner’s findings, Department for Education minister Michelle Donelan (pictured) said she fully supported the commissioner’s recommendation to place NCATI into supervised college status “in light of the severity of the college’s financial situation”.

The commissioner is also undertaking a structure and prospects appraisal with the college, and the financial health notice to improve stipulates staff will have to invite ESFA to attend governing body and any other appropriate meetings.

The commissioner’s report was put out the same morning as a grade four Ofsted report about NCATI, which it had tried to prevent the publication of through the High Court – a legal challenge it dropped after FE Week broke the story.

This legal action incurred “significant” legal costs, the commissioner’s report said, and given the college is receiving emergency funding, this is “clearly a very difficult and sensitive issue”.

The college’s chief executive Clair Mowbray is currently on “sick leave”, and commercial finance director Martin Owen is acting chief executive. The college refused to say when Mowbray went on leave.

A DfE spokesperson said they are “working closely with the college and the commissioner to ensure students can continue their training and deliver a long-term sustainable solution so the transport and infrastructure sector can access the skilled workforce they need for the future”.

And a spokesperson for NCATI said: “We are also committed to working in partnership with the FE Commissioner on sustainable future options through a Structure, Prospects and Appraisal (SPA) process to secure the best outcomes for learners and apprentices studying at the NCATI.”

#BackABid: Momentum building for campaign to bring WorldSkills to UK

Momentum is building behind FE Week’s rally of support for holding the WorldSkills competition in the UK, after a leading employer membership organisation threw its weight behind the movement.

The Confederation of British Industry, which has over 700 member companies ranging from Shell to Greggs, has joined the #BackABid campaign, with chief policy officer Matthew Fell saying hosting WorldSkills “would unite the country in a race to the top on skills”.

#BackABid is gathering sector support for a bid to make the UK the host of the 2027 WorldSkills competition, where young people from around the globe will compete in vocation-based challenges.

China is due to host the next WorldSkills competition in 2021, while France has already been confirmed as the host of the 2023 tournament.

The full range of #BackABid supporters will be showcased to education secretary Gavin Williamson in early March, after which it is hoped he will commission a feasibility study on the return the country would get on its investment in the competition and how it aligns with public policy and skills policy objectives.

Williamson has told FE Week he is “looking forward to hearing the extent of the support for this from the sector”.

Big names which have already expressed their support include shadow FE minister Emma Hardy, who said the competition was “a wonderful opportunity for young people to highlight their skills and talents on the world stage”.

Association of Colleges president Steve Frampton said it would be “fantastic” to bring WorldSkills back to the UK, after it was last held here in London in 2011.

TV presenter and long-time supporter of the FE sector Steph McGovern called it a “brilliant way” to close the skills gap by showing people “the best of what is out there”.

Association of Employment and Learning Providers chief executive Mark Dawe has said it is the “right time” to bring the competition back to the UK.

And the chief executive of the Institute of Apprenticeships and Technical Education Jennifer Coupland said her organisation backs the bid, calling the possibility of hosting “incredibly exciting”.

#BackABid started when WorldSkills UK chief executive Neil Bentley-Gockmann announced last month his organisation was “interested in exploring” a bid to hold the WorldSkills competition.

But, he added, they would need to hear from the sector if there was broad support for one.

This triggered FE Week to launch its #BackABid campaign to find out whether colleges, providers and politicians would be in favour of hosting WorldSkills later this decade.

And we still need to hear the support from the sector, so if you wish to add your voice to the chorus of sector leaders backing a bid, visit FEWeek.co.uk/BackABid or comment on social media using #BackABid.

Ofsted verdict: HS2 college left employers to deliver training and failed to protect students from harassment

The grade four Ofsted report a National College went to the High Court to suppress has been published this morning.

FE Week broke the news earlier this month that the HS2 College, renamed as the National College for Advanced Transport and Infrastructure (NCATI), had been found ‘inadequate’ by inspectors in November and had filed for a judicial review to stop the result from seeing the light of day.

Following our reporting, the college dropped its court case and the watchdog has now made the report public.

It reveals “managers and staff do not act quickly enough to protect apprentices from harassment,” nor do they provide apprentices with the help, protection and support that they need.

In one incident, trainers and managers “failed to recognise or take effective action” to curb the harmful impact harassment was having on an apprentice.

“Staff did not prioritise the welfare and safeguarding needs of the apprentice over the needs of others in the class,” the report reads, while also stating the college’s safeguarding arrangements are “not effective”.

During a recent safeguarding incident, trainers and managers failed to recognise or take effective action to address the harmful impact of harassment being experienced by an apprentice while attending the college. Staff did not prioritise the welfare and safeguarding needs of the apprentice over the needs of others in the class.”

“Too many” of the apprentices, of which the college had 167 at the time of inspection, experience a “disjointed and insufficiently ordered curriculum”.

Apprentices in practical engineering roles like locomotive maintenance and repair, are not trained in engineering skills such as hand-fitting and machining, which they need in the workplace.

Instead, “employers often provide this training themselves to fill this skills gap.”

Inspectors found NCATI’s technical trainers are not “sufficiently adept” at planning and delivering challenging learning which enables the apprentices to develop their skills.

“On technical-based apprenticeship courses, too many apprentices experience a disjointed and insufficiently ordered curriculum”

“Apprentices in practical engineering roles, such as locomotive maintenance and repair, do not receive training in engineering skills such as hand-fitting and machining that they need in the workplace. Employers often provide this training themselves to fill this skills gap”

“Technical trainers are not sufficiently adept at planning and delivering challenging learning that enables apprentices to make assured progress in their skills development.”

The Ofsted report also lists the name of five subcontractors that deliver training on behalf of NCATI, such as the Leeds College of Building.

However, Ofsted fail to make any direct reference at all to quality of their training.

As statement from the NCATI board says: “We have made a lot of progress in our 2 years, with much to be proud of, despite significant challenges in our environment.

“We regard the Ofsted process and provisional grade as flawed, with serious implications for our ability to operate. As a last resort we took legal action in the interest of our learners and industry.

“We are working with the FE Commissioner (FEC) and others and are optimistic of securing a long term sustainable future for our provision, without disruption to our current learners. This has allowed us to drop the legal action.”

The government has published an FE Commissioner report into NCATI this morning.

More to follow…

Colleges collect royal honour from Buckingham Palace

Staff and students from four colleges brushed shoulders with royalty today as they picked up their Queen’s Anniversary Prizes in a special ceremony at Buckingham Palace.

London South East Colleges, Dudley College of Technology, Tyne Coast College and Belfast Metropolitan College were among 22 education providers to receive the accolade from the Prince of Wales and Duchess of Cornwall.

The awards are dedicated to outstanding higher and further education providers, which are recommended by the prime minister and approved by the Queen.

Today’s reception followed a glittering celebratory dinner at Guildhall in London last night.

FE Week was in attendance this morning, where 19-year-old Beth Jones, a level 3 mechanical engineering student from Dudley College, said she was “absolutely overwhelmed” and “lost for words” after meeting Prince Charles.

She stated she spoke to the royal about her course and long-standing passion for the subject.

Dudley College of Technology being presented with the award

Lowell Williams, who retired as chief executive of Dudley last month, said the prince “showed genuine interest” in the learners’ studies.

Dudley was awarded the prize for “contributing to the economy of the region” in the West Midlands.

Williams told FE Week he was pleased to be in attendance alongside higher education providers such as Oxford University, as further education has a “very important role to play” and was being recognised with “other key components of the skills sector”.

Another winner, London South East Colleges, was chosen in recognition of their technical and vocational education offer, including its “pioneering” strategic engagement programme within the construction industry.

Level 2 plumbing student Melissa Cummins, 19, said she was told by the Duchess of Cornwall that the royal had never met a woman plumber before and called being at the palace a “once in a lifetime experience”.

Jodie Binstead, 20, a quantity surveyor, added that the Duchess had said to the students that it was “great to have women in the industry”. 

Errol Ince, vice principal for STEM at LSEC, told FE Week: “I feel very privileged to collect this award.

“It is excellent recognition for the work that we do.”

He described the ceremony as a memory he would have for the rest of his life.

Tyne Coast College receiving the accolade

Tyne Coast College, created from a merger of South Tyneside College and Tyne Metropolitan College, was honoured for creating digital modelling and advanced training for the planning of new port facilities and for the safe management of ship movements.

Principal John Roach, who was also celebrating his 60th birthday at the palace, said being awarded the accolade was “absolutely fantastic” and meeting the royals was “a real buzz”.

The only other college to win an award outside of England was Belfast Metropolitan College.

A total of 275 prizes have been awarded to 49 further education colleges and 98 universities since the awards were created in 1993. They are granted every two years.

The 22 award-winning UK further and higher education institutions were recognised in 2018-2020 for “ground-breaking work and pioneering research” in a range of disciplines including science, engineering, education, the humanities, the environment and medicine.

Entries to the scheme are invited in any subject area and are subject to assessment in a process managed by the Royal Anniversary Trust, an independent charity.

Read next week’s edition for more from the palace.

LSEC being presented with the prize


Featured image: LSEC principal Sam Parrett and vice principal Errol Ince collecting their award from the Prince of Wales and Duchess of Cornwall

Ofsted watch: Fourth sixth form college makes it to ‘outstanding’ this year

Another sixth form college has received a grade one, making it the fourth such provider to receive the coveted result in 2020.

Ashton Sixth Form College improved on the grade two it received before it converted to a 16 to 19 academy in February 2019.

Not improving are independent training providers Piper Training and People and Business Development – both of which were slapped with ‘inadequate’ grades.

Inspectors complimented Ashton’s 2,158 students on their “exemplary” behaviour and for taking pride in their work.

Leaders and governors are “highly ambitious” for them, and “promote exceptionally high standards and pursue excellence in teaching, learning and assessment across all areas of the college”.

The college also caters to 104 adult learners, most of whom are returning to education to study English and mathematics at level 2 or below, which help them develop their confidence and self-belief.

Following their grade four, Piper Training has told FE Week it has decided to stop delivering apprenticeships in England, after inspectors reported learners were “angry because assessors had not visited them” so they were making “slow progress”.

People and Business Development’s apprentices “gain little” from studying with the provider, and too few complete their qualification on time.

After previously getting a grade three, inspectors reported its leaders have “failed to act quickly to improve the quality of education” and do not share the programme of learning with employers, apprentices or adult learners.

Other independent providers performed better: Access Training (East Midlands) maintained a grade two, with a large majority of its 600 apprentices appearing to benefit from its strong links with voluntary organisations and employers.

Inspectors considered a large majority of tutors and assessors to be knowledgeable within their subject areas and leaders support their ongoing training so their subject knowledge is up-to-date.

NDA Foundation Limited made ‘significant progress’ in one area of a monitoring visit, conducted after they received a grade three in January 2019.

The progress was made in ensuring quality assurance arrangements lead to improvements in the quality of education and online training, where the watchdog said managers have created new processes for checking the quality of taught lessons through observation.

Also making ‘significant progress’ in a monitoring visit was Peterborough Regional College, where inspectors followed-up on a grade three report last May.

Managers have “focused very effectively” on supporting teachers when they are planning learning, so they and assessors can carefully plan and sequence their curriculum.

This means learners quickly grasp key concepts, whereas in the previous inspection it was noted teachers do not know if learners have understood the topics they are teaching.

Adult and community learning providers had a streak of ‘good’ results broken by Wiltshire Council, which received a grade three for not reaching enough of the people who would benefit from its adult learning programmes.

The provider, which focuses on helping disadvantaged communities, does not work closely enough with partner organisations to design and promote a curriculum to attract potential new learners, the report reads.

The adult and community learning service on the Isle of Wight impressed its inspectors with a “relaxed and inclusive environment” where the 222 learners feel comfortable asking for help.

Learners with mental health issues get to work with ponies to develop their confidence, thanks to courses with an equestrian centre.

Dudley Metropolitan Borough Council was commended on its “exceptionally well-qualified and experienced” tutors: art tutors are practising artists themselves, and sewing tutors have extensive experience of upholstery.

Governance arrangements at the provider have also been strengthened since the previous inspection, with the board providing a strong strategic steer for senior leaders to adapt provision to the council’s changing priorities.

Many courses at Norfolk County Council Adult Learning helped learners overcome their loneliness and isolation from society, such as lip-reading classes which helped students lead an active life.

Tutors’ discussions about national issues help the 143 apprentices relate the events to their own learning. For example, they understand how Brexit might affect future trading with Europe.

Independent provider T3 Training and Development and employer provider the Chief Constable of Surrey both made ‘reasonable progress’ in all areas of an early monitoring visit.

GFE Colleges Inspected Published Grade Previous grade
Peterborough Regional College 04/02/2020 19/02/2020 M 3

 

Independent Learning Providers Inspected Published Grade Previous grade
Access Training (East Midlands) Ltd 21/01/2020 17/02/2020 2 2
NDA Foundation Limited 24/01/2020 17/02/2020 M 3
People and Business Development Ltd 14/01/2020 18/02/2020 4 3
Piper Training Limited 07/01/2020 19/02/2020 4 M
T3 Training & Development Ltd 30/01/2020 19/02/2020 M N/A

 

Sixth Form Colleges (inc 16-19 academies) Inspected Published Grade Previous grade
Ashton Sixth Form College 08/01/2020 18/02/2020 1 N/A

 

Adult and Community Learning Inspected Published Grade Previous grade
Adult and Community Learning Service, Isle of Wight Council 29/01/2020 17/02/2020 2 3
Dudley Metropolitan Borough Council 04/02/2020 20/092/20 2 2
Norfolk County Council Adult Learning 28/01/2020 20/02/2020 2 2
The Wiltshire Council 23/01/2020 20/02/2020 3 3

 

Employer providers Inspected Published Grade Previous grade
The Chief Constable of Surrey 30/01/2020 17/02/2020 M N/A

Derailed: HS2 college face Ofsted grade 4 after dropping legal challenge

The troubled National College for HS2 has abandoned its attempts to stop Ofsted publishing a grade four report, after dispatching lawyers to gag the watchdog in the High Court.

FE Week understands the college has sought a consent order – used where the parties have reached an agreement – from the judge to drop the case and the report will be published next week.

This newspaper revealed last week the National College for Advanced Transport and Infrastructure (NCATI), formerly the National College for High Speed Rail, had filed for a judicial review of the report to stop publication, after inspectors visited the provider last November.

NCATI refused to comment on how much the case cost and why it was dropped. Ofsted has been approached for comment.

The report, which is expected to be highly critical of NCATI, is the latest blow to the National College, one of four to open since 2016, which in its three short years has run into problems recruiting learners and had to take a £5 million government bailout to keep running.

NCATI failed to meet learner targets in 2018/19, a recent government review of the National Colleges programme found, after delays to announcing contractors for the HS2 rail line between London, the midlands and the north meant companies could not commit to the apprenticeship volumes they had anticipated for.

The college signed up just 96 students when it first opened, even though it aims to be taking on 1,200 a year by 2022.

Last year, the National College for High Speed Rail rebranded as NCATI and announced plans to expand its provision to cover transport areas other than the high-speed rail industry.

But it denied the name change was related to the troubled HS2 project, to which it has strong links: NCATI has campuses in Birmingham and Doncaster, near the rail line; its chair, Alison Munro, is a former chief executive of the line’s builders HS2 Ltd; and the college’s chief executive Clair Mowbray, is another former HS2 Ltd employee.

The Ofsted report is not the only thing the college is trying to keep away from the public: it admitted to FE Week it has suspended the publication of board minutes, because of “exceptional circumstances in which the college was currently operating” – namely “so as to not prejudice an independent review taking place into HS2”.

And NCATI has so far failed to sign off its 2018/19 accounts, which it says the Education and Skills Funding Agency are “aware of, as we are working with their team to be in a position to finalise the statements”.

Ofsted’s damning indictment will not be the last setback either, as a notice to improve and an FE Commissioner intervention report are due to be published shortly and the influential House of Commons Public Accounts Committee could look into the college as part of a possible investigation of the HS2 programme.

Despite being in formal intervention, the governing body did not have to seek government permission to hire lawyers, as the Department for Education said it is an “independent organisation”.

This is the second, failed judicial review of a grade four Ofsted report in recent years, after mega provider Learndirect lost its High Court battle with the watchdog in 2017. Resultingly, the ESFA terminated its £100 million funding contracts and the Public Accounts Committee and National Audit Office both conducted investigations.