Another 14 strike days announced at college involved in contracts row

Nottingham College will be hit with yet more “unprecedented” strikes next month after staff accused their leaders of reneging on promises over workload.

Members of the University and College Union will take to the picket lines for another 14 days after the next half-term.

The action has been announced after staff entered their fourth week of strikes yesterday. They will have walked out for a total of 15 days this academic year over an increasingly bitter dispute.

It centres on the college’s alleged plans to impose contracts which would leave some staff more than £1,000 a year worse off, as well as reducing holiday entitlement and removing protections against work overload. Staff at the college have not received a pay rise since 2010.

The UCU said that the college has now backtracked on a commitment to limit teaching hours to 24 hours a week while a new contract is negotiated. It added that the college’s refusal to negotiate in “good faith” has left members with no alternative but to announce more strike dates.

UCU general secretary Jo Grady said: “For months we have been trying to negotiate with the college, but it has refused to budge and has forced staff to take this unprecedented action. The college’s refusal to work with us has left staff with no choice but to continue their action. 

“The support for the strikes among staff and from elsewhere has been really encouraging. UCU members have made it clear that they are willing to fight against inferior contracts that will ultimately diminish the learning experience for students in Nottingham.”

Nottingham College chief executive, John van de Laarschot, said UCU’s intention to escalate industrial action is “extremely disappointing” and warned it will “serve only to increase the detrimental impact on our students”.

“We’ve been in constant dialogue with UCU at national level over the last few days, over the weekend and this morning, in an attempt to bridge the gap between the reported concerns of their members and the College’s offer,” he added.

“We’ve made a series of concessions specifically to address these concerns relating to trust, pay and workload but today it looks as if this was to no avail.”

Laarschot continued: “The college has not reneged on any commitments made. We are committed to ongoing dialogue and action to resolve the situation but we need our striking teachers to return to work so that we can deliver for our students and work together, collaboratively, to secure a long term solution that works for all.”

UCU claims some staff have already been “bullied” into signing new contracts.

In the strike ballot, 96 per cent of union members who voted backed the action.

UCU said almost 4,000 people have now signed a petition calling for Nottingham College staff to be given the contracts “they deserve”.

Nottingham College was approached for comment.

The second wave of strikes will consist of three and four-day walkouts over a four-week period covering most of November. The full strike dates for the second wave are:

.              Tuesday 5, Wednesday 6 and Thursday 7 November

 .              Monday 11, Tuesday 12, Wednesday 13 and Thursday 14 November

.              Monday 18, Wednesday 20 and Friday 22,

 .              Monday 25, Tuesday 26, Thursday 28 and Friday 29 November

(Picture: UCU)

DfE looking to appoint extra principals and consultants to ‘enable more colleges to be supported’

The FE Commissioner is recruiting more college leaders and governors to firm up the National Leaders of Governance and Further Education schemes.

The Department for Education reopened applications to the programmes today, and said candidates have until 11pm on 29 October 2019 to apply.

A spokesperson would not specify how many national leaders are being recruited, but said it will be a “small group” of additional members to “enable more colleges to be supported”.

Applicants for the governance scheme have to be the serving chair, governor or clerk of a college rated ‘good’ or ‘outstanding’ for ‘overall effectiveness’ and ‘leadership and management’ in the most recent Ofsted inspection report.

An original cohort of governors, who are paid £300 a day for an estimated 50 days’ work a year, was recruited in 2018.

They work with the FE Commissioner to diagnose improvements in governance at a college, assist boards with designing improvement plans, and developing both the capacity and expertise of governors.

One national leader of governance, Andrew Baird, took over as chair at Hadlow College and Brooklands College this year.

This was after financial irregularities came to light at Hadlow before it went into administration, and Brooklands was engulfed in a subcontracting scandal which led to the ESFA demanding a £20 million clawback.

Applicants for the national leaders of further education scheme must be a serving principal of a general or specialist further education college or sixth-form college in England.

They will support grade three and four colleges which need to improve significantly in one or more areas, but are not paid for their role.

Expanding the FE Commissioner’s pool of experienced leaders and governors comes amid a period of financial turmoil for colleges, despite a £400 million funding boost announced by the chancellor in August.

The ESFA’s director of provider market oversight, Matthew Atkinson, tweeted in September: “Colleges are still running out of money.”

The current national leaders of governance, whose terms run out in November 2020, are:

  • Andrew Baird, governor at East Surrey College
  • Shirley Collier, governor, York College
  • Heather Cross, clerk, Wiltshire College
  • Carole Drury, clerk, Kendal College
  • Simon Perryman, governor, Barnsley College

The current national leaders of further education, whose terms run until December 2020, are:

  • Lindsey Whiterod, Tyne Coast College
  • Peter McGhee, St John Rigby College
  • Gill Alton, Grimsby Institute of Further and Higher Education
  • Lowell Williams, Dudley College of Technology
  • David Gleed, North Kent College
  • Graham Razey, EKC Group
  • Paul Phillips, Weston College

Introducing… Lord Agnew

Jess Staufenberg has closely followed Lord Agnew’s career in the schools sector, where his reputation divides opinion. As he settles into his new remit as minister for the further education market, she sets out what his appointment might mean for the sector.

It’s fair to say Lord Agnew, or rather Theodore Agnew, Baron of Oulton, is rather like Marmite.

On the one hand, he has got right up school leaders’ noses with his flippant comments about savings.

On the other, some admire him for his tough talk and several of his policy stances.

So who is the new minister for the further education provider market, and what can the sector expect of him?

“College principals may take comfort that Agnew’s bark is worse than his bite”

Agnew’s gung-ho approach to school savings has prompted much irritation among academy leaders – and is likely to do the same with many college bosses.

In November last year he exuberantly claimed he is “like a pig hunting for truffles” when finding savings in the education system, and that he can “wager a bottle of champagne” he will find some in every school.

Aside from the annoying reference to expensive foodstuffs, this claim outraged education leaders all the more, firstly because it came from a wealthy venture capitalist rather than an experienced educator, and secondly because evidence shows that school funding has dropped in real terms over the past decade.

And if it’s been bad for schools, it’s been worse for colleges: the Institute for Fiscal Studies confirmed last year that further education has been the “biggest loser” in education funding cuts.

A £400 million spending boost and extra £120 million for Institutes of Technology have been welcomed by the sector, but many college heads are clear that more money is needed.

So it’s likely that references to truffles and champagne will not go down well in FE if Agnew continues in the same vein in his new role.

He has since claimed his words were “taken out of context” – but he remains a tough talker, and on Friday warned in these pages that he will personally be making sure colleges “curb excessive costs” and that “investment is not wasted”.

In academies, his army of school resource management advisers (SRMAs) – or cost-cutting consultants – have been executing this mission, though not always with a good reception.

FE Week’s sister paper FE Week greatly irritated Agnew by revealing some SRMA reports were advising schools to cut down on lunch portions and replace experienced teachers with support staff.

An expansion of the scheme is on the cards.

For the moment, the FE sector is not in their remit. 

A bark worse than his bite

But college staff may have more sympathy with Agnew for his pet peeve – excessive senior pay.

In the colleges sector, as in the academies sector, there has been outrage at the amount some college principals are taking home, with the University and College Union blasting them as “greedy and hopelessly out of touch” in April last year, after a third enjoyed a pay rise of more than 10 per cent in 2016-17.

Agnew warns in his FE Week piece that where senior staff salaries are too high, he will “not hesitate to step in”.

So, be warned.

Or perhaps not?

College principals may take comfort (and underpaid lecturers groan) that Agnew’s bark is, frustratingly for him, worse than his bite.

We know from FE Week that despite the Education and Skills Funding Agency sending out more than 200 letters to academy trusts demanding they justify big salaries paid to bosses, they didn’t have much impact.

Nearly half of the trusts to get letters actually paid their chief executives more last year – and the Department for Education was powerless to intervene.

The equivalent pressure on colleges is the Association of Colleges’ controversial senior pay code, which colleges are being asked to follow.

The voluntary guidance suggests giving seniors pay rise only if all staff receive one, removing top college bosses from remuneration committees, and publishing principal salaries separately.

But again, it’s all voluntary.

It’s fair to say Lord Agnew, or rather Theodore Agnew, Baron of Oulton, is rather like Marmite

So it is not clear exactly what Agnew means when he says he will “step in”.

Take, for instance, Judith Doyle, principal at Gateshead College.

Her salary moved from a minimum of £240,000 in 2017 to £340,000 in 2018.

Asked to justify this, the college said “executive pay is decided by the remuneration committee following thorough due process and procedure” and that “individual and organisational performance” is considered.

The college added that “the published accounts take into account an accrual for a remuneration scheme payable in respect of a three-year period.”

FE Week understands this means Doyle was owed money from the previous three years, which was paid in one lump sum last year.

It was not explained what money she was owed or why.

The college has told FE Week her salary this year is £252,000.

It is a reduction from last year, but hardly a model of pay restraint.

And following the departure of three principals who last year were paid more, it is now likely to be the sector’s highest in 2019.

The anger around these big packages was also demonstrated when Sir Ian Diamond was appointed to lead the Commission for the College of the Future, with critics pointing out the ex-Aberdeen University boss’s £280,000 payout is still being probed by finance bosses.

So can Agnew really bring down salaries? It would appear difficult. In which case, he has a tricky job: he risks irritating the FE sector by talking endlessly of savings, when most experts agree a serious funding injection for colleges is well overdue.

Yet where he could win over staff – by cutting senior pay – he is rather emasculated.

A hands-on politician

To return to the Marmite analogy, some like Agnew because he is pretty outspoken.

He is also a doer, so don’t underestimate him yet.

After all, he’s only had his FE brief for a couple of weeks and has already ordered the FE Commissioner to investigate the credit card expenses of Stella Mbubaegbu, principal at Highbury College in Portsmouth, which were revealed after FE Week’s year-long freedom of information battle with the college.

Agnew also told this paper he is “carefully monitoring” an independent investigation into alleged mismanagement of funds at Hull College Group.

Agnew is outspoken in other ways, too.

Brought up in Norfolk and privately educated at Rugby, he revealed to local press in 2013 he opposes grammar schools because failing the 11+ himself made him feel like a “second-class citizen”.

He’s also vowed to crack down on schools using “monopoly suppliers” for school uniforms, claiming it is a “pernicious way of excluding children from less well-off backgrounds”, and has pledged to look at academy whistleblowing procedures.

Agnew was there when inspection exemptions for “outstanding” colleges and schools were stripped away – undoing one of Michael Gove’s worst legacies – and is a vocal backer of greater exclusions accountability.

So even if he can’t do all he likes with colleges, he will do what he can.

Councils at this moment may be trembling at Agnew’s proposed “accountability matrix” to show how academies are different (read: “better”) from local authority schools.

He and the DfE are also going after local authority schools by requesting they publish their annual finances on their website.

Could all this be coming the way of FE?

There’s a reason he has been described as the man who “wants to chair every academy trust in England”.

Yet Agnew, formerly a trustee at influential think tanks Policy Exchange and Education Policy Institute, has one serious weak spot – the accusation that he represents a biased system, and doesn’t always play fair.

 This has a long history: there were rumblings of discontent when he received his knighthood in 2015, given he had donated £134,000 to the Conservative Party between 2007 and 2009.

The Norfolk-based academy trust he founded in 2012, Inspiration Trust, was dogged by accusations of “special treatment” by the DfE because of its links to him, ranging from undue influence with Ofsted to not being required to publish important documents.

Even if he can’t do all he likes, he will do what he can

He finally stepped down as a director in summer 2018, but keeping certain documents under wraps still seems to be a habit.

An investigation launched three years ago into the  epic collapse of Lilac Sky Schools Academy Trust has still not been published, even though Agnew keeps banging on about “unprecedented levels of accountability and transparency”.

He promised in April this year that 70 reports by his SRMAs would be published in the next few months, but they haven’t appeared.

And Agnew refused MP requests to disclose any details of a £16 million turnaround plan for the large Academies Enterprise Trust.

He also wrote to academy trust auditors telling them a “simple way to avoid failings going on to the public record is through midyear audit reviews”.

So much for total transparency.

So like him or loathe him, the message on Agnew is clear.

Better get in his good books quick. 

Ofsted comes down hard on UK’s leading firm of financial compliance advisers

A company claiming to be the UK’s largest compliance support and business consultancy provider for financial services has been rapped by Ofsted.

New Model Business Academy (NMBA), the not-for-profit training arm of SimplyBiz, has made ‘insufficient progress’ in two areas of its provision to 113 apprentices on level 4 financial adviser and paraplanner standards, during an early monitoring visit.

SimplyBiz, which is registered on the London Stock Exchange, won the award for ‘Best Support Services for Advisers’ at the 2018 Professional Adviser awards; and it provides regulatory support and, partly through NMBA, professional development to advisers, according to its website.

Yet inspectors found NMBA’s leaders and managers “do not provide a sufficiently structured programme to enable apprentices to develop their knowledge, skills and behaviours” and “they only review apprentices’ performance in passing examinations”.

Also, “too many apprentices” continue on their programme after their planned end date, as apprenticeship development managers rely on the learners to identify when they find things difficult or when they fail exams.

As a consequence of this focus on exams, the watchdog also observed, apprentices do not develop the broader skills financial advisers need.

Apprenticeship development managers do not consider an apprentices’ prior knowledge and skills very well, as in cases where apprentices have already passed modules, they follow the same learning programme and study topics on which they have already been assessed.

“Too many” employers, which are based across England, are unaware of the progress their learners’ are making, so they are unable to support them when they fall behind.

Rather than apprenticeship development managers sending frequent, helpful information on learners’ progress, employers have to seek feedback from the provider, the report reads.

NMBA launched its apprenticeship programme just over 18 months ago, and its joint managing director Richard Ardron said his company “welcomed” the Ofsted report and expected to have made all the necessary improvements within three months.

“In the meantime, we continue to work both with firms and their apprentices to ensure that everyone has the very best support as they progress through the programme,” he added.

“In much the same way as it is for our apprentices, this is a new journey for us which requires us to develop our learning and meet the needs of third-party assessors.

“We have taken on board the feedback and are already working to make improvements; which students and their employing firms should see almost immediately.”

Inspectors did complement NMBA’s leaders and managers for a “clear rationale for the delivery of apprenticeships in the financial sector”, and for using their sector experience to meet a growing demand for financial advisers and paraplanners.

Appropriate candidates are recruited for apprenticeships, and managers ensure they have a sufficient number of staff, who are highly experienced in the financial sector, for delivering training.

Ofsted also found the provider was making ‘reasonable progress’ in safeguarding, as leaders and managers had put in place clear policies for that area, and for ‘Prevent’.

The designated safeguarding lead had appropriate training and all staff undergo annual safeguarding and ‘Prevent’ training.

Any provider found making ‘insufficient progress’ in an early monitoring report is usually suspended from recruiting, until it improves to at least ‘requires improvement’ in a full Ofsted inspection.

Principal goes on ‘leave of absence’ at college under investigation for nepotism and ‘financial wrongdoing’

The principal and chief executive at a college under investigation for nepotism and ‘financial wrongdoing’ is now on a ‘leave of absence’, FE Week can reveal.

Hull College Group has confirmed that Michelle Swithenbank is no longer running the college.

It is understood that the FE Commissioner, Richard Atkins, visited the college following the revelation in FE Week that the ‘independent’ investigator hired by the college chair, was in fact the college lawyer.

A source has told FE Week that the FE Commissioner’s team were at the college until late into the evening last Thursday, and the ‘leave of absence’ was agreed at a meeting on Friday morning.

Darryn Hedges, vice principal for finance, joined the college earlier in the year and has been placed in charge on an interim basis.

FE Week asked the college for a statement and whether there have been any further changes to the senior team or governors.

A spokesperson for the college said: “Michelle Swithenbank is currently away from the college on a period of leave. Darryn Hedges is deputising for her during her absence.”

At the time of publication the college had declined to comment on whether there had been any other changes to the leadership team or governors.

More to follow…

DfE reveals who will be allowed to deliver T-levels in 2022 – but there is a catch

[UPDATE: Following this story the DfE changed its guidance to state that providers selected to deliver T-levels from 2022 will be able to offer the T-levels introduced in that year, as well as those rolled out in 2020 and 2021.]

The Department for Education has this morning revealed what it will take to join the select list of providers permitted to deliver T-levels in 2022.

But there is a catch – they will not be permitted to deliver the T-levels introduced in 2022, the third of four years to roll-out all 25 T-levels.

According to the latest version of the T-level action plan (click here to download the 48 page document), providers will need to have an Ofsted rating of at least ‘good’ or ‘outstanding’, a financial health grade that is at least “satisfactory” and already be “delivering to a minimum of 10 qualifying students per T-level subject area”.

The DfE go on to say that providers will need to meet all of this criteria to be approved.

Interested providers will however be asked to submit an expression of interest in early January 2020, which will “set out the detailed criteria and further information as part of that process”.

The 2020 providers and the 2021 providers will be permitted to deliver any of the T-levels available in 2022, but the new providers in 2022 will only be able to offer T Levels introduced in 2020 and 2021.

This means the new T-level routes introduced in 2022 (Legal, Finance and Accounting, Business and Administration and Engineering and Manufacturing) will only be available to the 2020 and 2021 providers.

The 2022 providers will however be able to deliver the T-levels introduced in 2020 (Education, Design, Surveying and Planning and Digital Production, Design and Development) and 2021 (Onsite Construction, Building Services Engineering, Digital Support Services, Digital Business Services, Health, Healthcare Science and Science).

And the DfE “expect to announce which providers will be able to deliver T-levels from 2023 next autumn.”.

Details of the T-level Transition Framework, for those preparing to do a T-level, have also been published (click here).

FE Week has asked the DfE how providers can become approved for T-level transition course delivery.

It’s everyone’s role in colleges to embrace cyber security

Hannah H from National Cyber Security Centre (NCSC) tells us why it’s vital that everyone in the FE sector understands their own role in protecting their networks

The possible impact of a cyber incident

Like all organisations, colleges are increasingly reliant on IT and technology and, as a result, are falling victim to a range of malicious cyber activity. In recent weeks, for example, we’ve seen reports about a significant data breach at Swindon College and an attack by a so-called “ethical hacker” at South Staffordshire College.

Think about all the services used by your college that rely on your IT systems: not just teaching and learning resources, but administrative functions too, perhaps your phones, CCTV, safeguarding records and maybe even the way you pay for your lunch.

Losing access to this technology, having funds stolen or suffering a data breach through a cyber attack can be devastating, both financially and reputationally.

Cyber attacks faced by colleges

Many cyber incidents at colleges are caused by untargeted attacks that can potentially impact hundreds of thousands of victims. Those behind these sorts of attacks are often cyber criminals, who deploy a range of tactics to make money, often through quite sophisticated technical means.

Phishing emails are commonplace and getting more and more difficult to spot, and the deployment of ransomware – which encrypts data to make it inaccessible, with victims then invited to pay a ransom to decrypt their information – is a risk too.

Targeted attacks are more specifically directed at an organisation. We recently heard of a head of HR receiving an email seemingly from the college principal requesting their salary should be paid into a different account that month.

Colleges also need to be alert to the risk posed by insiders, such as a disgruntled staff member or student, past or present, who wants to discredit the college or cause disruption.

Taking action

There are a range of measures colleges can take to make any attack less likely to succeed in the first place and, if they are affected, to reduce its impact. The NCSC website is a great place to start.

1.  Help all users understand their own role

An NCSC product already being used in many colleges is the Top Tips for Staff e-learning package. This covers essential information on issues such as choosing strong passwords and spotting potential phishing attempts. This resource could become part of mandatory staff training and ingested into your own eLMS system. Best of all, it’s totally free!

Boards are pivotal in improving the cyber security of their organisations

2.  Support technical teams

Many colleges have already been accredited through Cyber Essentials, a programme that ensures basic technical controls are in place. The Ten Steps To Cyber Security will also be of use to network managers and/or heads of IT. The NCSC website has detailed guidance on topics such as phishing and password policies.

3.  Lead from the top

We know that cyber security can be a daunting subject, but boards are pivotal in improving the cyber security of their organisations. The NCSC’s Board Toolkit was created to encourage essential discussions about cyber security to take place between the board and their technical experts.

4.  Check your cyber resilience

A particularly practical product is Exercise in a Box, which enables organisations to test their preparedness for a cyber incident with table-top exercises or simulations. Full guidance is given for each exercise – they don’t need to be led by an expert.

Get the right mindset!

It’s vital that we all know our role in keeping our networks and data safe. Colleges are an attractive target for cyber criminals and we want to ensure that, wherever the threat comes from, they are able to protect themselves in cyberspace.

We all have a part to play in keeping the UK the safest place to live and work online.

NCSC experts work closely with colleges and the wider academic sector to improve their security practices and help protect from cyber threats. For further information, please email enquiries@ncsc.gov.uk

Increasing transparency will improve students’ learning

Financial mismanagement and substandard teaching provision are often co-symptomatic. Enhanced financial transparency will help address financial mismanagement among poor-performing colleges, as well as improve educational experiences and outcomes, says Lawrence Barton.

Barely a week goes by without news of yet another further education college navigating its way into financial difficulty, either through mismanagement or impropriety. It really is time for concerted action to prevent it, for the good of the sector.

Less than a fortnight ago saw the conclusion of FE Week’s own year-long Freedom of Information (FOI) battle with Highbury College. The findings shed light on the lavish chauffeur-driven lifestyle of its principal, Stella Mbubaegbu, and the splashing of college funds on first-class flights, five-star hotels and lobster dinners – all at a time of salary freezes, job cuts and plummeting Ofsted ratings for the college.

Last Wednesday offered news of the latest rescue bid to save the ailing City College Southampton, which has been limping from one taxpayer-funded bailout to another.

The next day, the government revealed that it is “carefully monitoring” an independent investigation into allegations regarding the management of Hull College Group, including reports of nepotism and inappropriate use of college funds by management staff. It has subsequently been revealed that this “independent” investigation is to be led by the college’s own lawyer.

This culture of financial mismanagement and aversion to public accountability is unsustainable. Not only is it unfair on the thousands of learners who pass through the college system every year, but it also paints an unfair picture of the college system as a whole. Despite the multitude of negative stories, the bulk of our country’s FE colleges are in good financial health and offer quality teaching to their students. Reform is needed to address the minority of colleges who let the rest of the sector down.

The Department for Education’s pledge that there is to be an end to the long-term bailouts available to colleges is a much-needed step. Hadlow College represented a watershed moment for the sector. For too long, the attitude of further education colleges being “too big to fail” only fostered an attitude of financial irresponsibility among some college chiefs, safe in the knowledge that further funding was just a phone call away.

The expansion of education minister Lord Agnew’s brief to include financial oversight of colleges and his commitment to improve college governance structures is also needed. Similarly, proposals for financial ratings reports to form part of Ofsted’s inspection remit will help to identify the financial health of all providers. But the department needs to go further.

Financial mismanagement and substandard teaching provision are often co-symptomatic

Financial mismanagement and substandard teaching provision are often co-symptomatic. Beyond their weak financial health, a common thread linking Hull, Southampton City and Highbury colleges is their poor teaching standards. It is not just the public purse that suffers; students and communities are being let down too, with knock-on effects on long-term prosperity.

The unwillingness of colleges such as Highbury to disclose senior management spending is unacceptable. Action is needed.

Just as enhanced transparency of MPs’ spending in the wake of the 2009 Westminster expenses scandal has done much to restrict irresponsible spending and restore public confidence, the college sector needs an equivalent.

The Department for Education should mandate the automatic public disclosure online of all senior management spending above a given threshold for colleges in receipt of significant public funding who have an Ofsted rating below that of “good”.

This enhanced transparency and improved public oversight would do much to deliver a culture shift among poorly performing colleges and their management. Incentivising college leaders to show greater financial discipline will increase the likelihood of financial wrongdoing being spotted sooner.

Such a culture change within the sector will benefit taxpayers for sure, but it must be driven by more than financial probity to capture broad support. There is a strong case to be made for the betterment of learners’ education and the sustainability of the skills industry as a whole.

London to clamp down on funding for out-of-area colleges

Eastleigh is one of over 30 colleges that could lose millions as part of plans to end out-of-area providers subcontracting in London, FE Week can reveal.

The Greater London Authority proposal, approved by Mayor of London Sadiq Khan, will come into effect from 2021-22 – the third year of devolution of the adult education budget.

Currently, the GLA provides around £14 million of AEB grant funding to providers located further than what is considered to be a “reasonable travel-to-learn distances for London learners”.

The GLA will be able to redirect funding to those providers delivering directly to London learners

Officials say the majority of this funding is subcontracted to training providers based in London who are then charged a “substantial” management fee.

“By restricting the number of out-of-London providers it grants to, the GLA will be able to redirect funding, including subcontracting management fees, to those providers delivering directly to London learners with the local knowledge and understanding to ensure it meets the needs of the local community most effectively,” the GLA said.

It comes after the authority introduced the first-ever cap on management fees in subcontracting deals. From August 2019, providers with direct AEB contracts with the GLA are expected to limit the management charge to a maximum of 20 per cent of the funding.

Mark Dawe, the chief executive of the Association of Employment and Learning Providers, said his organisation “strongly supports” a reduction in top slicing and “more direct delivery is also desirable”.

However, he warned this shouldn’t “necessarily preclude national providers from winning contracts if they have a demonstrable presence in the area and show good knowledge of it”.

Click to enlarge

Mary Vine-Morris, the area director for London at the Association of Colleges, said the GLA’s proposed policy is an “inevitable consequence of adult education budget devolution”.

News of the move comes in the same week that Education and Skills Funding Agency boss Eileen Milner sent a sector-wide letter cracking down on poor subcontracting practice.

It was sent amid high-profile subcontracting scandals, the latest of which involves Brooklands College. FE Week has also previously exposed examples where management fees have risen to as much as 40 per cent.

Mirroring the GLA, Milner’s letter said the government is considering placing “limits on the permitted geographical distance between a directly-funded institution and the location where subcontracted provision is delivered”.

To determine which providers are within reasonable travel-to-learn distances for London learners, the GLA has adopted the ESFA’s definition of London’s “fringe” (see map).

For those providers based outside the fringe – typically more than 30 miles away from central London – the authority said it has notified and invited them to make a business case for why their funding should continue based on the type of provision they offer and the groups of learners they support.

FE Week analysis shows there are 33 colleges based more than 30 miles away from central London which are currently grant funded with the GLA to deliver AEB in the capital.

One of the largest college groups in the country, NCG, has its headquarters based nearly 250 miles away in Newcastle and currently holds a GLA contract worth £10.4 million.

However, two colleges in its group – Lewisham and Southwark – are located in London. A spokesperson for NCG said they have been notified that “we are recognised as a London provider”.

Eastleigh College, which is based 65 miles away from central London, has a contract with the GLA totalling £3.4 million.

It has a history of high-level subcontracting, as highlighted in the latest subcontracting figures published by the government, which are for the 2016-17 academic year.

The college subcontracted to 58 providers in that year and charged a 22 per cent top-slice on average.

Jan Edrich

Principal Jan Edrich said Eastleigh is now “concerned about the future of the priority area provision (Functional Skills in English, maths and IT) that we have provided Londoners for many years”.

“We are working closely with the GLA to understand how we can support them to achieve their objectives over the next few years,” she added.

Elsewhere, Strode College has a contract with the GLA worth £379,000 this year, and is based 115 miles away from central London. It currently subcontracts all of this funding out to a provider in the capital called Yeti, which is charged a 20 per management fee.

A spokesperson said the college “agrees that the training provider should be based within 30 miles of central London, employing London quality training staff delivering to London residents”.

However, the training providers the college has “partnered with, have clearly stated they prefer to focus on delivering outstanding training to their learners and rely on Strode College to efficiently manage compliance and quality for a value for money management fee”.

The spokesperson added they will not be making a business case to the GLA to continue this relationship.

Derby College, based 112 miles away from central London, has a GLA contract worth £672,000 for this year. A spokesperson said the college is in “early discussions” with the authority on the impact of its grant funding plan.

East Sussex Colleges Group is based more than 50 miles away from central London and has a current GLA contract worth £383,000.

Its executive director for strategic partnerships and engagement, Dan Shelley, said the college “respects devolution decisions and will continue to work with the GLA to deliver provision that meets their identified priorities”.

Click to enlarge

“To that end ESCG is seeking more information on the business case process so we can continue to deliver our programmes to disadvantaged adults in the capital,” he added.

Gateshead College, based nearly 250 miles away from central London, has a contract with the GLA worth £560,000.

Its deputy principal, Chris Toon, said all of this funding is delivered directly by the college’s own staff who are based at a site near the capital.

“The programmes were not subcontracted to any other organisation and given our extensive experience of directly delivering national skills programmes, we will continue to tender for work where we feel it is appropriate and in line with our expertise,” he added.

A decision on those providers in scope for continued grant funding will be made by the GLA “before the end of 2019”.

The move will free up a chunk of AEB funding, and the GLA has said it will consult on how best to use this as part of its next Skills for Londoners framework consultation, which will launch in February.

Options could include running a separate AEB procurement exercise or funding uplifts for certain learners and qualifications.