Agnew’s appointment shows colleges are now being taken seriously

The Department for Education has appointed Lord Agnew to take responsibility for the FE Commissioner and college financial oversight and intervention. Kirsti Lord explains why this is something to be pleased about, not worried

Colleges should welcome the announcement that Lord Agnew has become the third government minister to have further education as part of their brief. Especially given the concern some had when Anne Milton was not immediately replaced after resigning from government to protest a no-deal Brexit. He is a distinguished minister, respected by the government, the department and the wider education sector.

Of course, there will be disagreements over policy and implementation, but his appointment shows the seriousness with which colleges are now being taken. And that’s one of the things we’ve been pushing for with #LoveOurColleges ­ – to be taken seriously at the highest levels of government.

We should also be pleased, not worried, that Lord Agnew has been tasked with looking at FE quality and improvement because ours is a sector with a great story to tell. The vast majority of colleges are delivering high quality education and training for more than two million people in England each year. 

It’s important to remind ourselves that colleges are run incredibly well

A key part of Agnew’s expanded role will be financial accountability and we shouldn’t feel defensive about this. Despite recent headlines, it’s important to remind ourselves that colleges are run incredibly well on the tightest of budgets, in incredibly difficult circumstances.

They have faced cut after cut, reform after reform ­ and these have had consequences on staffing, on pay, on provision, and ultimately on the country’s ability to train and skill its workforce. Though the recent funding announcement was welcome, it was only a start. 

It was reassuring to hear Agnew discuss the need to support struggling colleges and that’s what we’ll be pushing for him, and government to do ­ to fix the roof before the storm hits.

We need to move beyond punishing leaders for things outside of their control, and encourage them to spot, report and reduce potential issues before they become big problems, in a way that does not risk their reputations and livelihoods if they do so. Having a climate that supports leaders, rather than punishes, is the best way to prevent issues becoming crises. 

Strengthening college governance was the right thing to do

Talk will inevitably turn to senior pay, as it so often does. I understand that salary stories always make for good headlines and clickbait ­ though they don’t often tell the full and true story. All public sector institutions, including colleges, must be transparent and decisions about finance and pay should be made appropriately with the support of clear guidance.

That is why, last year, Association of Colleges developed the Remuneration Code which amended the existing AoC Code (of Good Governance for English Colleges). It was seen at the time as the most appropriate way to respond to developments in the sector and the wider context in which colleges work. Considerable political debate, media and public interest and a consultation with members showed that strengthening college governance was the right thing to do.  

Our three core principles in the code ­ fairness, independence and transparency ­ are still as true today as they were when we published the code. And fairness, independence and transparency are at the heart of how colleges approach financial management and pay. As Lord Agnew gets to grips with his new brief, he will soon come to see that for himself.

Monthly apprenticeships update: July starts up just 2% on last year

Apprenticeship starts for the month of July 2019 are up just 2 per cent on the previous year and 5 per cent higher for the full year.

The figures published this morning show 25,700 starts in July compared to 25,200 the previous year.

Provisional starts for the full 2018/19 year are 21 per cent down on 2016/17, nine months of which was prior to the levy being introduced.

The Department for Education says: “There have been 389,200 apprenticeship starts reported to date in the 2018/19 academic year (August 2018 to July 2019). This compares to 369,700 reported in the equivalent period in 2017/18, 491,300 in 2016/17 and 503,700 in 2015/16.

“Of the 389,200 apprenticeship starts reported so far in 2018/19, 63.2 per cent (245,900) were on apprenticeship standards.”

FAB chair to make 5 wishes to education secretary

Federation of Awarding Bodies chair Paul Eeles will make five wishes to education secretary Gavin Williamson at the membership organisation’s annual conference today.

His first request will be the return of a dedicated skills and apprenticeships minister.

After Anne Milton quit the role ahead of Boris Johnson becoming prime minister, the FE and skills brief was taken up by Williamson when he was appointed.

But he shared responsibilities with Lord Agnew, Kemi Badenoch and then Michelle Donelan when Badenoch went on paternity leave.

On Williamson taking up the role, Eeles will say: “I admire his interest in FE and the work he is doing.

“But that is not the same as having a daily ministerial champion like we had in Anne Milton.”

He will also call for a move to a single regulator for all external quality assurance for apprenticeships, saying: “I will be encouraging Gavin Williamson to work with us and Ofqual, the Institute of Apprenticeships and Technical Education, and the Office for Students, in finding more efficient ways to externally quality assure our apprenticeship model in future.

“That means funding EQA as a national infrastructure cost; and ironing out many of the inconsistencies that have resulted because of a lack of a singular regulatory approach.

“It means ensuring a level regulatory playing field for all EPAOs – regardless of whether they have operated in the assessment market for 10 years or 10 minutes.”

Under FAB’s designs, the Institute for Apprenticeships and Technical Education would remain legally in charge of EQA, but Ofqual would lead on it in the future. The current professional and employer bodies would then work to the single EQA regulator as subject matter experts.

Eeles will also use his speech to warn the government not to “kick away the ladder of opportunity under people, adult learners and vast parts of the country,” with its reviews of qualification programmes at below level 3, and at levels 4 and 5.

There are lots of other world-class qualifications already competing in this space

His objections follow fears that the government’s consultation on plans to withdraw funding for thousands of applied general qualifications, including BTECs, is manipulation of the market to ensure T-levels are a success.

While Eeles will say FAB supports T-levels, he will add that the potential “real problem” is that the “underlying thinking is one of the state saying to learners, employers and the wider economy, that ‘it knows best’”.

The government ought not to “throw the baby out with the bath water”, he will say, and should recognise “there are lots of other world-class qualifications already competing in this space”.

“We need to continue with a diverse qualifications marketplace driven by the needs and ambitions of learners.”

Eeles will also reiterate FAB’s call for the DfE to establish an independent reference panel to review the needs of the market before the secretary of state makes any future decisions on which qualifications to fund.

Lastly, the chair wants to “put rocket boosters under” the continued export potential of the UK’s “world-class“ qualifications, and will be calling on Williamson to work more closely with the devolved administrations, the Department for International Trade, and regulators to do just that.

He will say that over one million Ofqual-regulated qualifications were exported by FAB members last year.

Eeles’ speech comes ahead of a meeting with Williamson on October 28, where FAB will put these points to him.

Fourth content review of apprenticeship standards launched

Apprenticeships covering agriculture, environment and animal care will be probed by the Institute for Apprenticeships and Technical Education in its fourth route review.

Eleven of the standards, including arborist, forest operative and golf greenkeeper, will be reviewed in total, and there will be a supporting eight-week consultation, running from today until 4 December.

The institute’s chief executive Sir Gerry Berragan said the review “will help us improve the quality of those apprenticeship standards to make sure they meet the needs of both employers and apprentices”.

He continued: “This is a great opportunity for those who are involved with apprenticeships in these occupations to have their say and I look forward to seeing some of the feedback.”

Recommendations from this review will be published in the summer of 2020.

The route panel chair for agriculture, environment and animal care, Dr Jude Capper, said: “It is great to be starting this review to make sure the standards are of the highest quality and meet the demands of the both employers and apprentices.”

The first route review of apprenticeship standards was a year ago and saw 12 standards in the digital sector cut down to nine.

Two further reviews, of creative and design and hair and beauty, were launched over the summer and are ongoing.

The standards covered by this latest review are:

  • Arborist
  • Forest operative
  • Golf greenkeeper
  • Horticulture and landscape operative
  • Sports turf operative
  • Pest control technician
  • Landscape/horticulture supervisor
  • Stockperson (beef, pigs, sheep, dairy)
  • Equine groom
  • Senior equine groom
  • Animal trainer

Nottingham College staff call for their CEO and chair to resign

Staff at a college embroiled in a bitter contracts row have delivered a vote of no confidence in their chief executive and chair of governors.

At a meeting last night, around 110 members of the University and College Union unanimously backed the motion which said the “continued mismanagement” by Nottingham College’s top leaders has “caused extreme harm and distress to staff and students”.

It came just hours after the college’s chief executive, John van de Laarschot (pictured above right), said news of another 14 days of strikes planned for November was “extremely disappointing” and warned it would “serve only to increase the detrimental impact on our students”.

He added: “We are committed to ongoing dialogue and action to resolve the situation but we need our striking teachers to return to work.”

Staff at Nottingham College, whose chair of governors is Carole Thorogood (pictured above left), will have already walked out for 15 days in September and October by the end of this week.

UCU members at the college say they have been forced out on strike because of the college’s attempts to impose “inferior” contracts that will cut holiday entitlement and see some staff take a pay cut.

Andrew Harden, UCU’s head of further education, said: “This unanimous motion of no confidence shows the strength of feeling amongst our members that the management’s position is becoming increasing untenable.

“Industrial action is always a last resort for members but the college’s refusal to negotiate in good faith has left staff with no alternative but to announce further action.”

He added: “The ball now firmly in the college’s court. They know what is required to resolve the dispute and there is no good reason for the college not to reach an agreement and let staff get back to work.”

A Nottingham College spokesperson said: “We’ve made a series of significant concessions specifically to address concerns relating to trust, pay and workload. We have not reneged on any commitments made – we have conceded and improved the offer on all points of issue and were hopeful that this would succeed in ending strike action.

“A number of options are now on the table for both UCU and the college and we are currently reviewing our position and looking at these options, as well as any possible alternative solutions.

“Our priority is our students and ensuring they suffer no further detriment to their studies. We are keen to get back round the table as soon as possible.”

The 110 UCU members represents 20 per cent of Nottingham College’s current full-time and “sessional” teaching staff, which currently sits at around 550.

Ofqual wants to ‘rebuke’ rule-breaking exam boards

Ofqual is proposing to change how it punishes awarding organisations who are non-compliant with new “public rebukes” and fixed penalty notices for those that flout regulations.

The exams regulator has launched a consultation to update its Taking Regulatory Action (TRA) policy, which was first published in 2011 and was last revised in 2012.

Currently, awarding bodies that are found to be breaking the rules can be fined. Ofqual issued its first fine in 2016 and six fines have been issued since then.

But fines are issued “only in the most serious cases”, Ofqual said. “In a small number of other cases we have given directions, which also demonstrate that we consider the non-compliance to be serious, but that power is not available unless the non-compliance is ongoing or likely to occur.”

The watchdog is now advocating two new ways in which awarding bodies could be punished – rebukes and issuing fixed penalties.

These could be used as a way for the regulator to draw attention to instances of non-compliance which, although not serious enough to be fined, “should nonetheless be highlighted as serious issues which we would not expect to see occur elsewhere”.

A rebuke would promote public confidence, deter future non-compliance and inform other awarding organisations how to avoid non-compliance, Ofqual said.

The proposals do not elaborate on the circumstances in which a rebuke might be issued.

Ofqual proposed rebukes would name awarding organisations and details of the nature and impact of non-compliance would be published.

Fixed penalties “would be imposed in relation to breaches of the conditions which are straightforward to establish”, Ofqual said.

Ofqual does not currently publish information about non-compliance where no formal action has been taken. However, the exams regulator said it will “keep under review” the possibility of publishing general information about the non-compliance recorded, without naming the awarding organisation concerned.

“The purpose of our proposals is to bring the policy up to date, so it reflects how we use our powers in practice,” the document reads.

Sally Collier (pictured), Ofqual’s chief regulator, said: “Where awarding organisations breach our rules, we take appropriate and proportionate action to put things right and to deter others from making the same mistakes.

“The sector we regulate continues to change and we are proposing changes to how we use our regulatory powers. We welcome contributions from awarding organisations, schools and colleges, and other users of regulated qualifications.”

The consultation will be open for eight weeks, between October 8 and December 2.

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

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.