A college locked in a legal battle with a Nigerian state has substantially lowered its expectations about recovering the £1.4 million it claims to be owed.

Confidential board minutes for Highbury College in Portsmouth, Hampshire, have been obtained by FE Week and show that leaders believe they have a “medium opportunity” of recouping just £872,000.

The alleged debt is currently being held by the Cross River State Government (CRSG) – a coastal state in southern Nigeria – after a technical education project in the country failed.

The group finance director was optimistic about the college securing the money owed

Board minutes reveal that the state has admitted to owing Highbury £872,000 and the college is “optimistic” of recovering it, but court cases have been pushed back repeatedly throughout 2019.

Some of the income from the project, understood to be around £400,000, was paid in the Nigerian currency (Naira) and remains in a Nigerian bank account.

A spokesperson said that, due to the college’s “strong financial position”, there was no requirement to repatriate the funds at this time.

“The college will hold until we think we can secure the most favourable exchange rate,” they added.

The spokesperson declined to comment on what the £400,000 was actually worth based on current exchange rates.

Highbury College recorded a £2.48 million deficit in its 2017/18 accounts, which also show a quick sale in August of their City of Portsmouth Centre for £4 million less than it had been valued at.

The college axed its sixth form two months ago owing to financial pressures.

It has pumped millions of pounds into a number of ventures in Nigeria since 2012.

In 2013, the college entered a partnership with the Cross River State to design a “demand-driven curriculum” and run a polytechnic training provider, called the Institute of Technology and Management.

But Highbury pulled out of the arrangement following a change in political parties in Nigeria in 2015, alongside a drop in oil prices which slowed down the economy.

Confidential minutes from March 2019 said that legal parties attended the Cross River State’s High Court on the 11 February but, “unfortunately, the court did not convene because the presiding judge was attending training on election petition adjudication”.

“The college’s motion for judgment in default of appearance prompted CRSG to file a defence which substantially reiterates the defence they presented at the mediation,” they added.

“Within that defence they do, however, admit to owing the college the sum of £871,252.”

The court case was adjourned to 4 March.

Minutes for May 2019 state that, a week before this, the college had filed a motion for the CRSG to make the outstanding payment and that the group finance director was “optimistic about the college securing the money owed”.

The college will hold until we think we can secure the most favourable exchange rate

The court session was meant to convene on 10 April but this was cancelled because of the “ongoing election petition proceedings” in Nigeria, and the next available date was understood to be in June.

The May minutes continued: “The college’s counsel were able to agree that between now and June the CRSG’s counsel will liaise with the ministry of justice, including the attorney general, to make a case for settlement to the governor for the admitted sum of £872,00.

“If those efforts are successful and a settlement agreement is signed, then we can proceed to request the court to enter a consent judgment based on the terms of the settlement agreement.”

Minutes from July 2019 then state that the college had “scheduled court action with the CRSG in Nigeria to recover £872,000 which, when recovered, will improve the cash position”.

Asked if there had been any update since then, a Highbury College spokesperson said they could not comment as legal proceedings were still underway.

Sir Gerry Berragan’s reign at the Institute for Apprenticeships and Technical Education (IfATE) will end this month as he makes way for civil service veteran Jennifer Coupland.

The incoming chief executive is a familiar face to the FE sector having worked in the Department for Education (DfE) for more than 20 years. Her application, on paper at least, to the apprenticeships quango was a no-brainer to accept.

Coupland’s first big role in the DfE was as its deputy director responsible for the early stages of traineeships development as well as raising the participation age, careers and NEET (not in education, employment, or training) policy.

In 2012 she became the deputy director of the joint DfE and Department for Business, Innovation and Skills apprenticeships unit. She held this role for three years, leading on apprenticeship reform including creating new apprenticeship trailblazers and degree apprenticeships.

She then took a break from post-16 education and stepped in as acting chief executive of the Standards and Testing Agency when its boss Claire Burton went on maternity leave from February to October 2016.

Coupland oversaw work on primary school assessment policy. The agency came under heavy scrutiny, however, after the government was forced to cancel the key stage 1 spelling, punctuation and grammar test for hundreds of thousands of pupils following the leak of the paper online.

Schools minister Nick Gibb subsequently ordered a “root-and-branch” investigation into the blunder.

After this turbulent stint Coupland became the DfE’s director of professional and technical education, a post that she has held since.

In this role she has led on the government’s reforms on technical education, mainly the development and implementation of T-levels, which will be rolled out from September 2020,  and of which the IfATE has now assumed control.

David Hughes, a former skills civil servant and now chief executive of the Association of Colleges, said his organisation has worked closely with Coupland at the DfE and knows that “she has a really good understanding of the sector”.

He added: “She has shown great leadership on the T-level programme and I’m sure that she is looking forward to getting her teeth into the challenges and opportunities in the new role.”

Mark Dawe, boss of the Association of Employment and Learning Providers, is also optimistic about Coupland’s appointment. “Her speech and willingness to answer direct questions at the recent AELP autumn conference gave a strong indication that we can expect a positive step-change in the way that the institute conducts its business,” he said.

“Not surprisingly with her distinguished background in the civil service, Jennifer’s command of detail will be a major asset.”

Coupland will replace Berragan at the independent, employer-led quango. His controversial tenure at the IfATE has lasted two years.

Whether it was a lack of transparency around funding band decisions, external quality assurance charges, the speed of standard approvals or a shortage of end-point assessors, the former army man has constantly had to defend the institute’s position.

One organisation with which he has been at constant loggerheads is the AELP. Dawe said: “There is no denying that things got off to a poor start with Sir Gerry’s tenure, especially with his tendency to dismiss anybody that disagreed with him as ‘vested interests’.

“That said, his appointment of Robert Nitsch as his number two should be applauded because dialogue with the institute improved as a result. However, addressing the limited transparency around decision-making, particularly over funding bands, remains a major priority of Sir Gerry’s successor.”

John Cope, head of education and skills policy at the Confederation of British Industry, said Berragan had “shown real commitment” to implementing the apprenticeship reforms and T-levels, “so that they work for employers, students, and apprentices alike”.

He added: “Under his leadership, the IfATE has been quick to take criticism on board – especially from employers struggling to access the apprenticeship standards they need.”

Hughes and the Federation of Small Businesses declined to comment on Berragan’s departure. Neither Berragan nor Coupland was available for interview due to purdah, the period before a political election.

Ofqual is beefing up its compliance teams as part of a crackdown on awarding bodies following high-profile mishaps and hefty fines.

The exams regulator is looking to fill three “exciting new roles” with candidates who are experienced auditors.

The “managers of compliance”, who will be paid up to £45,000 a year, will “plan, lead and deliver a range of regulatory activities to gather evidence and intelligence” on awarding organisations.

We have made some adjustments to the skills and knowledge that we are seeking

Successful candidates will lead teams of “auditors, investigators and technical specialists” to conduct “thematic” audits and reviews, incident management and investigations.

An Ofqual spokesperson said: “Our regulatory compliance team plays an important role in delivering the goals set out in our corporate plan.

“We have taken the opportunity to reflect on the team’s composition and responsibilities presented by some natural turnover alongside the work we are currently conducting, and while headcount in the team is staying the same we have made some adjustments to the skills and knowledge that we are seeking – hence these new roles.”

The recruitment drive follows cases of non-compliance with Ofqual’s rules.

Last month, exam body AQA was fined £350,000,  the largest sum ever handed out by Ofqual, and told to compensate schools and colleges by £740,000 after “serious breaches” of rules over re-marks.

This week, OCR was told to pay schools and colleges nearly £15,000 in compensation after it also breached rules over exam re-marks – but the organisation avoided a fine.

The awarding body failed to ensure reviews of marking were conducted by the original marker, or by someone without a personal interest in the outcome, across both 2017 and 2018.

The error, which occurred because of an “unanticipated shortfall in examiner capacity”, affected 126 reviews in 2017 and 160 in 2018.

In September, it was revealed that the number of complaints received by Ofqual about England’s largest exam boards nearly doubled over the past two years.

Back in April, Ofqual issued its first intention to fine an end-point assessment organisation after “technical issues” at the Chartered Institute of Legal Executives (CILEx) affected its delivery of apprenticeship assessments. In some cases, learners’ work was lost altogether.

The regulator had intended to fine the organisation £50,000, but this was reduced to £1,000 this week after CILEx implemented a series of recommendations. CILEx will, however, also have to pay £7,595 in recovery costs to Ofqual.

The regulator, which is led by chief executive Sally Collier (pictured), launched a consultation last month to update its Taking Regulatory Action (TRA) policy, which was first published in 2011 and last revised in 2012.

It proposed changes to how it punishes awarding organisations who are non-compliant with new “public rebukes” and fixed-penalty notices for those that flout regulations.

Alongside the responsibilities listed above, the “managers of compliance” being recruited by Ofqual will ensure that regulatory compliance activity is “conducted professionally, confidently and consistently with precision”.

They will also “develop and maintain appropriate relationships with senior and responsible persons at awarding organisations with regard to the activities of the regulatory compliance team to enable effective regulation”.

Applicants must have a “proven ability to systematically and objectively collect and analyse evidence clearly and fairly to identify potential areas of non-compliance against conditions”.

The closing date for applicants is this Sunday, 10 November.

The 2020 Festival of Learning awards are open for nominations from today for colleges and training providers.

There are four award categories to recognise the achievements of adult learners, tutors, employers and learning projects.

The annual awards, which began in 1992 and are run by the Learning and Work Institute, received more than 250 nominations last year.

Stephen Evans, chief executive at Learning and Work Institute, said: “Adult learning makes a real difference to people, to our economy and to our society. It is important that we recognise that contribution.

“While lifelong learning has never been more important, participation has been falling. That’s why we need to celebrate the transformative impact of adult learning and encourage more adults to give learning a try.”

He encouraged those inspired by an adult learner, tutor, learning project or an employer’s workplace learning provision to share their story by nominating them for an award.

Award winners will include individuals who have transformed their own lives and the lives of their families, friends, communities and the places they work.

Tutors who have contributed to adult learning and the impact they have had on their learners form another category.

Innovative and transformational learning projects or provision that could be replicated or adapted by other learning providers will also be recognised as well as employers that have invested in their workforce to improve productivity, increase staff retention and enhance business performance.

David Hughes, chief executive of Association of Colleges, said: “The Festival of Learning awards are not only a brilliant way to celebrate adult learners who have made great achievements but also an inspiration to others to think about and explore the opportunities learning can provide.

“Colleges and learning providers will want to nominate teachers and learners who make a special contribution to education because the personal stories really show the transformative impact of learning at all stages in life.”

Data from Learning and Work Institute’s annual adult participation survey showed that participation in lifelong learning is at its lowest for more than 20 years.

The survey found that the reasons adults do not engage in learning include a lack of time, feeling too old, a lack of confidence, caring responsibilities and having a disability.

In 2019 a man who left school without being able to read or write and a woman who went from staying in a care home to studying for the operating theatre were among 12 winners of the awards, who received their prize at a ceremony held in London.

Marie Smith won the Learning for Health award: she is a survivor of sexual abuse, which caused her to leave school with no qualifications, but after a referral to Adult Education Wolverhampton’s Like Minds pottery course, she started studying for a degree in glass and ceramics at Wolverhampton University.

The 2019 Return to Learning award winner Stuart Ferriss, who never learned to read or write at school, had enrolled on a dyslexia study skills class run by Oldham Lifelong Learning Service and on a functional skills English course with the support of his employer.

Nominations for next year’s Festival of Learning awards will close on 11 February 2020.

The Conservatives have promised to rectify a misleading claim it has made about further education in the build-up to the general election.

In a post on the political party’s website (pictured above), a page called ‘share the facts’ states: “We have already opened 12 Institutes of Technology, but too many areas of the country don’t have access to one.

“So we’re expanding the number of Institutes of Technology in England from 12 to 20.”

The Conservatives have, however, only announced their intention to open the institutes. The majority have not actually opened to date.

After FE Week raised this with the party, a spokesperson admitted this was an “error” and said its website would be updated accordingly. The website had not been updated at the time of going to press.

The admission comes a day after education secretary Gavin Williamson was called out on Twitter for claiming to be the “first” education secretary to attend an FE college.

In an article for The Times entitled Don’t let Labour take charge of our children’s schools, Williamson said: “As the first education secretary to have attended an FE college I have a real drive to transform vocational and technical education for 16-19-year-olds.”

This isn’t true: Justine Greening, who was education secretary from July 2016 to January 2018, sat her A-levels at Thomas Rotherham College, and David Blunkett, who was education secretary from May 1997 to June 2001, previously attended Shrewsbury Technical College and Sheffield Richmond College of Further Education.

The Department for Education has been approached for comment about Williamson’s false claim.

His article came a day after Sir David Norgrove, the chair of the UK Statistics Authority, wrote to all political parties asking them to “ensure that the use of statistics during this general election campaign serves the public good”.

“My predecessors and I have in the past been obliged to write publicly about the misuse of statistics in both pre-election and pre-referendum periods,” he said.

“Statistics can be a powerful support for an argument but misuse damages their integrity, causes confusion and undermines trust. It can also lead debate to focus too much on the statistics themselves, distracting from the issues at hand.

“This is particularly important during the intense public scrutiny of an election campaign, where misinformation can spread quickly.”

And yesterday, fact-checking organisation Full Fact branded the Conservatives “irresponsible” for a misleading edit of an interview from Good Morning Britain with Labour MP Keir Starmer that was widely shared on social media.

Conservative chairman James Cleverly tried to defend the edit this morning, and claimed it was done in a bid to “shorten” the clip.

FE Week reporter Fraser Whieldon will be keeping an eye out for misleading and false FE facts from political parties during the upcoming general election.

If you spot any, email them to fraser@feweek.co.uk. You can also vote for which Fraser face best represents the #FEFactfail on Twitter here.

Ofqual is penalising an end-point assessment organisation to the tune of £8,595 after it admitted to a “series of delivery failings”.

The Chartered Institute of Legal Executives (CILEx) will have to pay a £1,000 fine and £7,595 in recovery costs, six months after the exams watchdog first announced it intended to fine the EPAO £50,000.

This came about because apprentices completing an EPA run by CILEx for the level 3 paralegal standard in June 2018 received “error messages, experienced delays and difficulties accessing the assessment, and were unable to upload their work onto the e-platform”.

In some cases, learners’ work was lost altogether.

When Ofqual first announced its intentions, CILEx was given the chance to reduce the £50,000 fine to £1,000 if it could confirm it had implemented a series of recommendations and had successfully delivered the EPA for the paralegal standard to the cohort of apprentices in June 2019, by this September.

After confirming CILEx had met these requirements, Ofqual said it has taken this approach to enforcement action “in order to prioritise a focus on future improvements and to reflect the unusual circumstances of this case”.

In a notice of costs recovery published today, Ofqual said its enforcement committee has considered the costs incurred by the exams regulator “in relation to imposing a monetary penalty on CILEx, and has decided that CILEx should be required to pay the costs”.

CILEx, has to pay the £8,595 within 28 days of this latest notice, but can appeal.

The institute did not wish to comment on this latest development.

Ofqual has stepped up attempts to crackdown on organisations which fail to meet its regulations: in October, it launched a consultation on introducing rebukes and issuing fixed penalties for awarding organisations.

The notice of intention to fine CILEx in April was the first such instance of an EPAO being threatened with a fine by Ofqual.

Extensive strikes due to start at Nottingham College today were called off at the eleventh hour after leaders offered a new deal – including reinstating pay for staff who previously signed up to “inferior” contracts.

Members of the University and College Union had been due to walk out for a further 14 days this month, but have agreed to suspend the action for two weeks.

The long-running row centres on what the UCU claims are the college’s attempts to impose contracts that will cut holiday entitlement and see some staff take a pay cut.

The union claims some staff were “bullied” into signing the new contracts in the summer.

UCU members at the college walked out for 15 days in September and October and passed votes of no confidence in their chief executive and chair of governors.

A spokesperson for UCU told FE Week that part of the new offer from Nottingham College includes a “guarantee” that they will re-instate the pay of any staff within the “UCU Bargaining Unit who suffered a loss as a result of the introduction of the new pay arrangements in July”.

The college has also “promised” there will be a maximum limit of 24 hours teaching a week, after it originally offered no limit. This will be in place until the end of the academic year and can be extended another year if more time is needed to agree a new workload agreement.

The spokesperson said it hopes the college will send the final details of the offer by the end of this week. Members will then vote on whether or not to accept and end the dispute.

UCU head of further education Andrew Harden said: “Industrial action is always a last resort but the college’s refusal to negotiate in good faith had left staff with no alternative. We are pleased the college appears to finally recognise the need to work with its staff and not against them.

“Our members have demonstrated that they will not be taken for fools and are prepared to take strike action to defend their jobs. The ball is now firmly in the college’s court and it needs to deliver on its promises.”

Nottingham College chief executive John van de Laarschot said: “I am pleased to confirm that the industrial action at  the college has been suspended for two weeks as both parties continue to work together to bring the dispute to an end.

“College is open as usual (from Tuesday 5 November). Our students have come back from half term full of enthusiasm and work has begun to catch up on any missed learning and ensure that they achieve their qualifications. 

“We would like to thank our students and their parents for their commitment and perseverance during these challenging last few weeks.”

He added: “We don’t wish to comment on individual elements of the offer until full agreement is reached.”