THE COLLEGE OF HARINGEY, ENFIELD AND NORTH EAST LONDON COLLEGE GOVERNANCE

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1 THE COLLEGE OF HARINGEY, ENFIELD AND NORTH EAST LONDON BACKGROUND COLLEGE GOVERNANCE The importance of the further education sector is increasingly recognised for the significant contribution it makes to the success and development of its students and, through that, to the achievement of national objectives in education, training and employment. Colleges became incorporated as a result of the Further and Higher Education Act Each Corporation has its own Board and may use one of a variety of terms to describe it. These include: Corporation, Board, or governing body. For individual members the terms Corporation member, Board member or Governor are used interchangeably. FE Governors are responsible for overseeing the running of the College and are involved in determining business and financial policy, strategic development and ethos. The Corporation, together with the Principal as Chief Executive, constitutes the highest level of decision-taking in the College and has the ultimate responsibility for all the affairs of the College. Acting corporately, the Corporation has certain formal duties, powers and rights. Specific responsibilities are set out in the Further and Higher Education Act 1992, the Education Act 2011, the College s Instrument and Articles, the College s Standing Orders, the Financial Memorandum and Joint Audit Code of Practice. FE College Governors are typically involved in:- Ensuring the College thrives as an organisation while maintaining prudent control of its funds and assets. Making a significant contribution to what the College does to ensure the success of its students. Helping the College maintain a long-term strategic focus while working on its shorter term goals and plans. Helping the College respond to local requirements within the context of regional and national needs. College Corporations regulate their own proceedings within the boundaries of their Instrument and Articles of Government; these are the documents which set out the framework within which the Corporation must work. The Instrument is concerned with the constitution of the Corporation, the appointment and dismissal of its members and the conduct of meetings. The Articles of Government define the powers and duties of the Corporation and the Principal. They set out the basis for dealing with certain matters including financial management, the appointment and dismissal of staff and student discipline. Page 1 of 7

2 Provided they satisfy the basic requirements established by the Further and Higher Education Act 1992, it is for Corporations to decide how they wish to conduct their business and become involved in the wider aspect of College life. College Governors need to work in partnership with the Principal and senior staff. The Governors have ultimate responsibility for the running of the College, taking key decisions and setting objectives, while the Principal and senior staff are responsible for operational issues. Accountability As free-standing Corporations, they are authorised by law to act as a single person while maintaining a separate legal identify from its individual members. As such, College Corporations are directly responsible and accountable for the governance of the College. In addition to their legal responsibilities, the Corporation is also accountable to the Skills Funding Agency (SFA) and the Education Funding Agency (EFA) for the use of the money they receive and for meeting any conditions attached to that funding e.g. a requirement to prepare and submit annual accounts, or supply information about student numbers, and to meet agreed targets. Consequently, FE Governors do have a legal liability. Under the Further and Higher Education Act (1992), Colleges became self-governing and responsible for their own affairs. The Governors acting corporately are accountable for the financial health and good management of the College and for the proper use of the public funds entrusted to it. The Corporation s responsibilities and accountabilities, including those for monitoring the effectiveness of the Governors own performance are shared equally by each individual member of the Corporation. There is also a theoretical chance of an individual being held liable for his or her actions taken as a Governor. The law in this area is unclear but bearing that possibility in mind it is important that individual Governors satisfy themselves that all decisions in which they participate are properly made on the basis of adequate information. The Corporation has insured itself against the costs of any charges of negligence. The central principle is one of individual accountability. No Governor serves in a representative capacity or may serve mandated by an external body. Each Governor serves to promote the overall success and solvency of the College within the relevant statutory framework and Instrument and Articles of Government. Types of Governor The statutory instrument states that Corporations may determine the number of members required to form the composition of the Board within the parameters of, a minimum total number of 12, and a maximum of 20 Governors in the following categories:- External Governors who the Corporation feel have the necessary skills and expertise to enable the Corporation to carry out its statutory functions. Principal and Chief Executive who is a member for the duration of his/her employment at the College. Page 2 of 7

3 At least one Staff Governor (elected from and by members of College staff). Between one and three Student Governors (elected from and by the students of the College) The current determination of the College s Corporation membership is as follows: - Up to fifteen External Members. The Principal and Chief Executive of the College. Two Staff Governors. Two Student Governors, one representing the Enfield Centre and one the Tottenham Centre. Governor Status All Corporation members take part as individuals and are expected to take a view on each matter coming before him/her on the merits of the issues in hand. The Instrument and Articles state that no Governor may be bound by mandates given to him/her by others. In other words, Governors can make a valuable contribution to the College in terms of his/her skills and expertise, but cannot lobby on behalf of any group. Time commitment and Expenses Under employment law, employees are entitled to reasonable time off without pay for their duties as Governors. It is up to you and your employer to agree what is reasonable. Many employers are very happy for their employees to serve as a College Governor as this aids personal development, and some employers provide paid time off for Corporation activities. A Governor at the College may hold office up to a maximum of four years, and may be reappointed for further terms of office if the Corporation supports renomination. A Governor s workload will vary depending on the activities of the College and Corporation at any one time; on average they spend about half to one day a month on College related activities. A Governor will use that time to carry out some of the following activities: Attending all meetings of the Corporation (up to 8 per year normally lasting 2 hours) and any Committees of which s/he is a member, and preparation time for such meetings. Attendance at selected College functions. Attendance at appropriate induction and training and development events. Page 3 of 7

4 The government of Colleges is a wholly voluntary and unpaid activity. FE Corporations have charitable status, thus the Governors are the trustees of these charities. Consequently the Governors are subject to the laws concerning charity trustees, which states that trustees are not entitled to make a profit from their trusteeship. Thus, Governing Bodies may not remunerate Governors for their services, although they may provide reasonable expenses. The Corporation has determined what it deems reasonable and proper to support. Selection of Governors The Corporation is committed to open government and wishes to be transparent in the selection of Governors as with its other operations. It has established a Search and Governance Committee to oversee the selection process. In assessing candidates, the Committee will seek to ensure the presence of the widest possible knowledge, skills and experience relevant to the College and a balance within membership of the Corporation. Application Process Applicants are invited to submit a letter of application outlining their reasons for wishing to be a College Governor and as far as possible indicating how their relevant knowledge, skills and experience match the Governor job description and person specification. Applicants may also submit a Curriculum Vitae (CV). The letter of application and CV will be considered by the Search & Governance Committee who, following meetings with prospective Governors will make recommendations for new members for determination by the Corporation. For further information or advice, please contact: Naomi Shoffman Head of Governance The College of Haringey, Enfield and North East London Tottenham Centre High Road London N15 4RU nshoffman@conel.ac.uk Tel: Fax: Page 4 of 7

5 CORPORATION MEMBER ROLE DESCRIPTION The Corporation provides strategic leadership and direction to the organisation. It sets and approves policies and the budget, defines expectations, delegates powers, and verifies performance towards delivering its strategic aims and objectives. The most important aspect is an appropriate division of responsibilities between strategic governance by the Corporation and operational management by the College s senior management team led by the Principal. This approach would be underpinned by the right level of checks and balances. To act in the best interests of the College Of Haringey, Enfield And North East London Corporation each member would be expected; a) To participate in meetings, take informed transparent decisions, manage risk and support the decisions of the Corporation and its Committees once they have been reached on the basis of collective responsibility; b) To undertake activities that contribute to the strategic direction and educational character of the College. c) To attend College events, such as learner voice meetings and student award presentations, so as to gain an appreciation of the work of the College and to meet students and staff; d) To participate in training events in order to enhance contribution to the Corporation and to understand the role/responsibilities of Corporation Members; PERSON SPECIFICATION In seeking to fill any vacancy, the Corporation endeavours to maintain a balance of skills and experience amongst its membership. External members may also require specific skills as determined by the annual skills audit. Collectively the Corporation covers a variety of areas, so members will require skills in business strategy, the quality of teaching and learning, capital and financial investment. The following is a general specification for Governors: a) Be committed to education and providing learning and development opportunities and the College s ethos; b) Be forward thinking and have the capacity to think strategically; c) Be committed to raising standards and seeking the highest quality provision for learners; d) Have the ability to interpret complex data, the willingness to challenge constructively, to participate in robust debate and rationalise appropriately; e) Have the ability to communicate effectively with personal integrity, tact and diplomacy; Page 5 of 7

6 f) Have the ability to demonstrate behaviour and skills that motivate others to achieve, inspire confidence in others to achieve objectives, and respect the views of others; g) Have the ability to work positively with others and to develop a positive and professional relationship with Governors, management, staff and students; h) Be interested in voluntary service to the community; i) Be committed to the principles of equality and diversity; j) Be committed to the seven principles of public life laid down by the Nolan Committee. These are Selflessness, Integrity, Objectivity, Accountability, Openness, Honesty and Leadership; k) Be willing to travel to both College Centres for meetings and other College events; l) Be willing to give due priority to attending meetings of the Corporation and the appropriate Committees of the Corporation; m) Be committed to play a full part in the work of the Corporation and its committees and to meet the 70% minimum attendance target. ELIGIBILITY a) All Corporation Members will need to fully comply with Clause 7 of the Instrument of Government; b) A Member should not be an employee at the College unless appointed as Principal or as a Staff Member. KEY ACCOUNTABILITIES a) To its learners and other customers for quality of experience and outcome; b) To the government, funding bodies and public for the use of public funds; c) To the local community for providing a high quality local resource; d) To College staff as their legal employer. PRINCIPAL RELATIONSHIPS a) Chair of the Corporation; b) Other Corporation Members; Page 6 of 7

7 c) Relevant Corporation Committees; d) Principal and Chief Executive e) Secretary to the Corporation; f) Senior Management Group. PARTNERSHIP BETWEEN GOVERNANCE AND MANAGEMENT a) Policy, overview, financial probity and monitoring are the business of the Corporation; b) Management and administration is the business of the Principal and Chief Executive; c) The Corporation and Principal are a team and need to support each other and work closely together. A good working relationship between the Corporation and Principal is essential to achieve strategic goals. Page 7 of 7