Minutes
Meeting of the Board of Directors
A meeting of the Board of Directors was held on Wednesday 17 June 2009 at 10:30 am in the
Board Room, Learning and Teaching Scotland, The Optima, 58 Robertson Street,
Glasgow G2 8DU.
Present: Carole Ford, Board Member
Louise Hayward, Board Member
Jacqui Hepburn, Board Member
Bernard McLeary, Chief Executive
John Mulgrew OBE, Chair
Iain Nisbet, Board Member
Graeme Ogilvy, Board Member
Christine Pollock, Special Adviser
Douglas Weir, Board Member
In attendance:
Apologies:
Alan Armstrong, Director - Education Improvement
Eileen Gill, Seconded from Scottish Government
Alistair Gordon, Head of Finance & Company Secretary
Stewart Carruth, Director - Corporate Services
Catherine MacIntyre, Professional Adviser, Policy & Governance
Laurie O'Donnell,
Director - Learning and Technology
Stuart Ritchie, Director - Curriculum
James Conroy, Board Member
Alison Coull, Scottish Government
Gavin Whitefield, Special Adviser
Action Due Date
1. Apologies
1.1 Apologies were received as noted above.
2. Minutes of the Previous Meeting held on 22 April 2009
+ Action Grid and Special Board Meeting held on 20 May 2009
2.1 The Minute of the previous meeting and Action Grid were accepted as a true record. The Minute and Action Grid will now be published on the website, subject to any FOI exemptions.
2.2 Board Members also confirmed acceptance of the Minute of the
Special Board Meeting held on 20 May 2009.
Alistair Jun 09
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3. Matters Arising from the Previous Minutes
3.1 Minute from Audit Committee (Item 13.2 refers)
3.1.1 Stewart advised Board Members that the Corporate
Risk Register is currently showing two escalating red risks. The first relates to key decisions on future strategy and the impact that the Review of LTS could have on this. The second relates to successful delivery of outcomes and the impact of the forthcoming departure of two members of the Corporate
Management Team.
3.1.2 In both instances the Board were reassured that mitigating actions had been taken and that the
Corporate Risk Register had been updated accordingly.
4. Declarations of Interest
4.1 None.
5. Scottish Government’s Review of LTS
5.1 John advised Board Members that the Review was moving forward, albeit very slowly, which was very disappointing and worrying for Bernard and colleagues throughout the organisation.
5.2 John told the Board of the telephone conference call that had taken place between John, Bernard and Jamie on Thursday
11 June and the subsequent telephone conversation between
John and Colin MacLean on Friday 12 June.
5.3 The Minister, Keith Brown, has now met with Jamie and Colin. It was a positive meeting and Jamie / Colin took the Minister through the papers. John’s understanding is that the Minister asked for specific recommendations.
5.4 Colin has requested a draft note or press statement to be issued by the end of the June which will confirm LTS’s core functions and status , ie endorsement of LTS’s existence, but other details/ functions, eg CPD, Leadership are not yet resolved.
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Further discussions on these areas will take place with Cosla /
ADES / HMIE, etc. John / Bernard told Jamie that this phase needs to be concluded by mid-Octob of this year.
5.5 Bernard said that the Board’s note with Functions, prioritised and in line with Colin MacLean’s headings, had been sent to Colin on
27 May 2009. Bernard had highlighted the Corporate Risk
Register because of the protracted nature of the Review (some
17 months) which had resulted in temporary staff appointments, etc. As John stated in 5.4 above, letter / note from the Minister to John had been requested, together with a Press Statement, but it is expected that this will be a broad statement of functions only. There is an urgent need to reduce and mitigate against risk in terms of the future.
5.6 John reflected that the proposals LTS had submitted to the
Scottish Government earlier in the process had been radical in their approach / options.
5.7 There is no danger for the future existence of the organisation, but staff will be concerned, particularly in the current economic climate. An early statement from the Minister would be helpful in this regard. However, John cautioned that this would by no means be the end of the process. The Scottish Government will raise issues for further discussion between now and, hopefully, the middle of October.
5.8 John commented that, if the letter / statement does materialise, then the Board may want to seek some clarification. John had advised Jamie of this and asked if Colin would be prepared to come to another Special Board Meeting. Jamie did not envisage any difficulty with this.
5.9 Board discussed the impact on staff of the ongoing delays.
Bernard confirmed that there were major implications for the
Board because they had not been able to make any specific statements to staff. Although morale is still generally high, staff will see that posts are not being filled which will, eventually,
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Minutes impact on delivery. If the Board does not receive anything from the Minister by the end of June, it would be unlikely that the
Board would receive a statement before September which would be unacceptable – particularly, if it merely confirms the ‘status quo ante’.
5.10 It was agreed that, if the Board does not receive a statement from the Minister, then the Board would need to agree upon a statement to go to staff.
5.11 Carole said it would be more helpful, particularly in relation to stakeholder confidence in CfE, if the statement from the Minister included comment on the form in which LTS would exist, ie in relation to funding. Bernard agreed and said that the issue is about core functions and funding, and giving the Board more control / responsibility for shaping delivery. Restructuring funding is something that he would want to raise with the Board and Scottish Government in due course.
5.12 Bernard accepted that the Review had to take place because the
Scottish Government did not carry out a PFMR. However, some of the language Jami e used made reference to ‘realignment of
LTS to the current context ’ and this should not be applied to LTS in isolation.
5.13 Bernard was hopeful that the Board would receive something, but it is unlikely to be the whole picture. However, it is necessary that staff and public are provided with some information at this stage.
5.14 Jacqui commented that even if the Board does receive confirmation of the core functions, if it comes with caveats, then it will not address the purpose of the Review or meet with the
Cabinet Secretary’s vision of one continuous system of learning.
5.15 Bernard reminded Board Members that LTS has been aligning its work with other organisations, eg in terms of additional funding for Glow to appoint a DO from Creative Scotland and joint posts with HMIE.
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6. Organisational Development High Level Programme Plan
6.1 Bernard introduced this item and advised Board Members that, even although final sign off of functions is still to be given, plans were being put in place to continue to move forward.
Action
6.2 Eileen then took Board Members through the paper, commenting on the key points as follows:
6.2.1 The drivers for change now which will build on the significant organisational developments which have already taken place under the Board’s direction.
6.2.2 The timing of the outcomes from the Review and what the outcomes are will impact on how the plan is progressed.
6.2.3 Interim CMT appointments have been made and consideration will now be given to backfilling, with the focus still very much on business continuity.
6.2.4 Working together with Finance, HR, Corporate
Communications (internal and external) and building on work already undertaken.
6.2.5 The plan will be dynamic, not least because of the Review.
6.2.6 Involvement of the Board to develop the purpose, vision and new strategic plan, with appropriate consultation with staff, stakeholders and business partners.
6.2.7 Aiming to launch the ‘new’ LTS spring 2010.
6.3 Board Members noted that Alistair had been appointed to the post of
Interim Director of Corporate Services and Marie Dougan to Interim
Director, Learning and Technology. Best wishes were extended to colleagues in these roles.
6.4 Bernard reinforced the key role of the Board and advised that, amongst other opportunities, a session would be built into the
Residential programme.
6.5 The Board welcomed the Plan and confirmed their support in taking forward this important phase in LTS’s development.
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7. Chair’s Report
7.1 Board Members noted the Report.
7.2 John drew attention to the request from Rowan Denton, a doctorate student at the University of Strathclyde, to interview
Board Members as part of her research thesis. Board Members confirmed that they would be happy to support this.
7.3 John also commented that the Transition Director,
Richard Smith, at Creative Scotland is currently looking at the role Creative Scotland could play in learning and skills. A meeting will, therefore, be arranged between Bernard and
Richard Smith in due course.
8. Chief Executive’s Report
8.1 Board Members noted the report.
Scottish Learning Festival
8.2 John drew the Board’s attention to the Scottish Learning
Festival. Board Members were reminded that, should they find it helpful to have a programme tailored to their particular areas of interest, they should advise Laurie and he will make appropriate arrangements.
8.3 John also suggested that an invitation to the SLF should be extended to the Minister for Culture, External Affairs and the
Constitution.
Dundee Office
8.4 Alistair updated Board Members on the current arrangements at the Dundee office. In particular, Alistair drew the Board’s attention to Dundee staff concern about the perceived lack of certainty regarding arrangements at the Dundee office which had now been raised formally at the recent JCC meeting.
8.5 Alistair reminded the Board that LTS had been asked specifically by the Scottish Government not to make any decision about the Dundee office pending the outcome of the
Review. The current temporary lease at Overgate is due to expire in October 2009. Given that timescales for concluding
Action
Board
Members
Alan
Due Date
Jul/Aug 09
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Minutes the Review are still uncertain, officers are recommending to the
Board that a further (3 rd
) extension to the temporary lease at
Overgate is sought. Board Members endorsed this course of action.
Quality of Information
8.6 Christine commented on the excellent overall content of the
Chief Executive’s Report and that all of the areas referred to are needed to drive Curriculum for Excellence forward. Christine hoped that the information was being fed into the ADES CfE
Implementation group of which Alan is a member.
8.7 Bernard and Christine agreed to discuss this further to ensure that the information was being communicated within local authorities effectively and at the right level.
9. Corporate Performance Report
9.1 Stewart stated that one of the Board’s key areas of responsibility is to reflect on the organisation’s performance over the year.
9.2 The one area that remains red is Resource Learning and
Growth. This has already been reported to the Board and
Board Members are, therefore, aware of circumstances surrounding this and the action being taken to address it.
9.3 Going forward for 2009 / 10, LTS will be measuring against indicators, closely linked to National Indicators, rather than targets, further reflecting our approach to outcomes. The format of the next Corporate Performance Report will, therefore, be adjusted accordingly.
10. Alignment of NDPBs with the Scottish Government’s Performance
Framework
10.1 Relationship between the Scottish Government and NDPBs
10.1.1 Stewart reported on the Terms of Engagement letter which had been s ent to all Chief Executive’s of NDPBs from John Swinney, Cabinet Secretary for Finance and
Sustainable Growth.
Action
Alistair
Due Date
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Bernard /
Christine Jul 09
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10.1.2 This sets out the Scottish Government’s expectations of its relationship with NDPBs, indicating a level of trust that NDPBs should have the autonomy to deliver outcomes without micro management. Of course, the terms underpinning this relationship need to apply equally to both Scottish Government and NDPBs.
10.2 Best Value
10.2.1 Although Best Value is not a statutory duty for NDPBs, there is still a specific responsibility. The details of this were outlined in a recent letter to NDPB Chief
Executives from John Swinney, Cabinet Secretary for
Finance and Sustainable Growth. Stewart made the following points: i) ii)
A Best Value group is being formed and over the next few months will be working out what
Best Value means for NDPBs.
Clear links need to be made between Best
Value and Scotland Performs. iii) iv)
Best Value will be used as a replacement for
PFMR.
LTS has been proactive and is well placed, but will need to adapt further to continue to improve.
10.2.2 Bernard stressed the importance of the Terms of
Engagement for the Board and their responsibilities in relation to efficient and effective use of resources. The
Board also has responsibility for the development and promotion of Best Value principles throughout the organisation.
10.2.3 Christine commented on the regulatory burden in local authorities and the work that is underway on Best
Value 2.
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11. Corporate Governance
11.1 Board Self-Evaluation Action Plan Progress Report
11.1.1 Catherine gave a short update on progress with the
Action Plan which was agreed at the Board Meeting in
December 2008, noting that only two of the main actions are still to be fully completed.
11.1.2 The first relates to the Board’s role in setting the organisation’s strategy. This is an area that will feature in the programme for the Residential in
October so that Board Members have an opportunity to discuss further in the context of implementing the outcomes from the Review and any implications that arise from that in relation to the future role of the
Board.
11.1.3 The other is concerned with the Advisory Council’s role in engaging with stakeholders and Louise is taking that forward with Council Members as part of their programme of work.
11.1.4 All other actions have been fully completed and a number of these have been integrated into the Board’s business processes.
Action
11.1.5 The Board agreed to review and formally close off this
Action Plan at the Board Meeting in October.
11.2 Committee Membership Update
Catherine
11.2.1 John confirmed that Graeme has agreed to take over from Douglas as Chair of the Audit Committee.
11.2.2 Ben McLeish has also agreed to stay on as a
Co-opted member of the Audit Committee for a further year.
11.2.3 Some further changes to Committee Membership may be required and these will be reported to the Board
Meeting in August. John
Due Date
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11.3 Appointment of New Board Members
11.3.1 John advised that he had now received formal confirmation from the Scottish Government that LTS can begin the process for recruitment of two new
Board Members.
11.3.2 It is likely that the advertisement will be published around September 2009.
12. Advisory Council Sub-Group Report: Changes in Education
12.1 Louise advised that two papers had been prepared by one of the Advisory Council sub-groups, namely: Change Matters:
The Evidence Base and Change Matters: From Ideas to
Action.
12.2 The second paper, From Ideas to Action, was developed from discussions with a wide range of education communities and focuses on the relationship between ideas and actions. Louise welcomed comments / thoughts from the Board.
12.3 Louise took the Board through the paper, noting each of the six key themes identified and the associated actions that could be taken. Whatever is agreed, the approach taken will be the same across all communities.
12.4 Graeme commented that he thought the papers were excellent and particuarly the reference to learning communities. Louise added that she hoped Board and Advisory Council Members would engage with their own communities. Board Members agreed to send comments to Louise which she will then reflect within the papers and bring back to a future Board Meeting.
12.5 Louise placed on record her thanks to George MacBride,
Carolyn Hutchinson and Colin McAndrew for their support of the work of the Advisory Council. Louise also made reference to a further two papers being produced by the other subgroups which will come to the Board for comment in due course.
Action
Louise
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12.6 The Advisory Council is now looking at areas for consideration in the next phase of its work and will bring this to the Board for comment. Louise added her thanks to Bernard and John for their support for the work of the Advisory Council.
12.7 Douglas commented on the interesting juxtaposition between the Advisory Council and the organisational development plan.
There would be a need for close harmony between the reconstituted LTS and the Advisory Council to make sure that
LTS can deliver and that staff have gone through this transformative change.
12.8 Bernard agreed with this statement, but highlighted the difficulties in aligning of the timescales given that LTS should have received sign off on its core functions in June last year.
However, like the Advisory Council, the organisation has continued to move forward on a number of initiatives, for example, the local authority pilots. LTS does have the reputation of being innovative and the aim is to tie this together with provision of advice to Ministers, not just informally from officers, but formally from the Board.
12.9 Douglas said that the Organisational Development paper gives cause for optimism. Louise’s paper talks about a new arena, taking information, performance and values and this is a point that needs to be made very clear. The autumn timescales gives a window of opportunity for all of this to come together.
12.10 Jacqui stated that it was a great opportunity to bring the
Advisory Council into alignment with LTS policy and to use the
Advisory Council as a ‘think tank’. Bernard endorsed this, but said that we needed to create appropriate structures and also wait to see exactly what comes from the Review.
Action
Louise
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13. Board Member Discussion Item: Skills Agenda and LTS’s
Contribution
13.1 Jacqui and Graeme both gave very helpful and thought provoking presentations focusing on different aspects of the
Skills agenda.
13.2 Graeme focused on Construction Skills Scotland and the challenges that sector is facing in the current economic climate.
The presentation also touched on a number of aspects of the wide-ranging role of CSS, including:
• Development of new qualifications and delivery of learning.
• Careers guidance and working with universities.
• Links with the Scottish Government, funding and industry bodies and parnters.
13.3 Jacqui looked at the various bodies / organisations / providers that are involved in the skills sector with LTS at the centre. The diagram illustrated the need for clarity of roles and responsibilities. Using the Functions Paper submitted to the
Scottish Government, Jacqui then discussed with Board
Members how LTS might relate to these other organisations which generated very wide ranging and interesting discussion.
13.4 Bernard commented that there were fundamental issues ahead for LTS which the Board would revisit at the Residential in
October.
13.5 Jacqui and Graeme agreed to circulate their slides.
14. Items for Noting
14.1 Finance Reports – March and April 2009
Board Members noted the reports.
14.2 Media Update – April and May 2009
Board Members noted the report.
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14.3 Update from Remuneration Committee (Closed Session)
This item was discussed in Closed Session and will be reported separately.
15. Any Other Business
15.1 Corporate Management Team
John placed on record his thanks to both Laurie and Stewart who will be leaving LTS at the end of June. Board Members were grateful to Laurie and Stewart for the excellent support they have given to the Board and the significant contribution made to the organisation.
15.2 Douglas’ Retirement from the Board
15.2.1 John reminded the Board that Douglas had served for two terms as a member of the Board of LTS and the second term was now coming to an end.
15.2.2 John thanked Douglas for his excellent contribution and sa id that the Board would formally say ‘farewell’ at the dinner which is being arranged later in the summer.
15.2.3 Bernard added that Douglas had brought status to the
Board as a national figure, as Professor and Dean of a
Faculty of Education, along with his extensive governance knowledge. Douglas’ commitment to public education was reflected in his respect for the teaching profession and also the value he placed on the staff of LTS. Douglas brought challenge to the
Board and advised and supported the Corporate
Management Team during some difficult times for which Bernard was grateful.
15.2.4 Douglas replied that, likewise, he cherished the professional engagement and that LTS was fortunate in CMT colleagues. Douglas congratulated all colleagues for the synthesis between management
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Action Due Date and governance and added that the only uncertain phase has been the Scottish Government’s Review of
LTS which has held back some of the endeavours.
Douglas was touched by the generosity of comments.
15.2.5 Bernard also said thank you to Laurie and Stewart.
Laurie had been with LTS since 2002 and came from a senior position within a local authority. Laurie is now very well-known internationally for his efforts which in turn has enhanced LTS’s reputation.
15.2.6 Stewart has been with LTS since July 2006 and brought with him the best from the private sector which he then combined with the best from the public sector values. Stewart had done well in generating change within the organisation.
16. Date of Next Meeting
16.1 Next Meeting
The next meeting of the Board of Directors and AGM will take place at 11am on Wednesday 19 August 2009 in City House,
Overgate, Dundee. There will also be a lunch with staff immediately after the meeting.
16.2 Residential
Board Members noted that the date for the Residential meeting in October will be changed because of annual leave arrangements. Board Members will be canvassed for alternative dates in due course.
Approved by: ______________________________________
John Mulgrew OBE, Chair
Approved by: ______________________________________
Alistair Gordon, Company Secretary
Meeting of the Board of Directors
17 June 2009
14
Catherine
Date: _________________
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June 09
Date: _________________