Minutes Meeting of the Board of Directors A meeting of the Board of Directors was held on Wednesday 23 February at 10.30am in the Board Room, Learning and Teaching Scotland, The Optima, 58 Robertson Street, Glasgow G2 8DU. Present: Jim Conroy, Board Member (Items 12-14 only) Louise Hayward, Board Member Jacqui Hepburn, Board Member Bernard McLeary, Chief Executive and Board Member Graeme Ogilvy, Deputy Chair Christine Pollock, Cosla Observer Ken Thomson, Board Member In attendance: Alan Armstrong, Director – Curriculum and Assessment Alistair Gordon, Director - Corporate Services Anne Jardine, Director – Learning and Community Kay Livingston, Director – International, Research and Innovation Catherine MacIntyre, Professional Adviser, Policy & Governance Murray McVicar, Scottish Government Apologies: Eileen Gill, Chief Professional Adviser, Strategic Organisational Development Paul Harris, Board Member Iain Nisbet, Board Member Maureen Verrall, Scottish Government Gavin Whitefield, Special Adviser Action 1. Due Date Welcome / Apologies 1.1 Welcome Graeme welcomed Murray from Scottish Government. 1.2 Apologies 1.2.1 As noted above. 1.2.2 Graeme advised Board colleagues that Eileen’s secondment is due to cease at the end of March. As Eileen has taken the decision to leave Scottish Government, unfortunately, her work with LTS will not continue beyond that date. Meeting of the Board of Directors 23 February 2011 1 B.Mins.01/11 Minutes 1.2.3 2. 3. Action Due Date Alistair Mar 11 Graeme also advised that Maureen Verrall, Deputy Director, Qualifications, Assessment and Skills, would be leaving Scottish Government in March. Minute of the Previous Meeting + Action Grid + Note of Closed Session Discussion 2.1 The Minute (and Action Grid) of the previous meeting held on 16 December 2010 were accepted as a true record. The Record Note of the Closed Session Discussion will be dealt with later on the agenda. 2.2 The Minute and Action Grid will now be published on the website, subject to any FOI exemptions. Matters Arising from the Previous Minutes – 16 December 2010 3.1 Education and the Arts – Culture & Creativity: An Action Plan (Item 3.2 refers) 3.1.1 Alan advised that the Project Board, Chaired by Ruth Wishart, is very happy with the progress LTS is making on its part of the plan. A progress meeting with Ministers (Mike Russell and Fiona Hyslop) is scheduled to take place on 22 March. 3.1.2 Ruth Wishart has asked organisations to include within their own Strategic Plans how they will contribute to the Action Plan. LTS is already in discussion with Scottish Government about this being one of our priorities and will draft a note to go back to Ruth Wishart today that confirms this. 3.1.3 Christine commented that funding for Culture Co-ordinators has been withdrawn. It will, therefore, be necessary to discuss with local authorities how this work will be delivered in future. 3.2 Review of Post-16 Education (Item 9.4 refers) 3.2.1 Anne advised that LTS provided a submission on the Review of Post 16 Education by the due date in December and attended one of the regional workshops. LTS had not, however, been involved in any of the more focused Meeting of the Board of Directors 23 February 2011 2 B.Mins.01/11 Minutes Action Due Date workshops. Board Members noted that the interim findings are currently being discussed and recommendations will be put to Ministers. 4. Declarations of Interest 4.1 5. None. Deputy Chair’s Report 5.1 SEQIA 5.1.1 Graeme advised that he had received an invitation for the first meeting of the Assurance Forum, however, identifying a suitable date was proving difficult. Forum members are Graeme, Andrew Cubie, possible Union representation and Colin MacLean (Chair). 5.2 Commercialisation Sub-Group Meeting 5.2.1 The Board noted that a very good meeting had taken place on 17 February. LTS had now written out to the 9 organisations involved to request final contributions to the paper for Ministers. The main issues raised were about ability to be more commercial and cross-selling. 5.2.2 LTS is producing the paper which will go to a meeting of Ministers, portfolio Chief Executives and Scottish Government. It is expected that this work will continue after the election regardless of the administration. Some products and services have been identified with the potential to sell beyond the UK and Graeme has, therefore, made contact with Scottish Development International to alert them to this initiative. Once feedback is received from the Minister, further discussion with SDI will take place. 5.2.3 LTS has recently had a response from NHS Scotland and the Board noted that there are a number of opportunities to work across sectors, as well as, within. Graeme added that in Meeting of the Board of Directors 23 February 2011 3 B.Mins.01/11 Minutes Action Due Date some cases, technology has been developed to reduce costs and in other instances it may be possible to sell the technology itself. 5.2.4 LTS will summarise the responses from other Agencies and NDPBs within the Cabinet Secretary’s portfolio, including details of LTS’s own current and future commercial and income generating proposals. LTS will also develop a strategy to take this forward. However, a number of difficult issues were also highlighted by the organisations present. The paper for the Minister will be structured in sections covering: i) ii) iii) iv) v) How thinking has developed since August. Strategy and market intelligence. Issues. Ministerial steer. Resources. 5.2.5 Louise asked if consideration had been given to looking beyond the 9 organisations involved so far, for example, working with universities and exploring what they are doing to build relationships internationally. If there was a way of bringing these two things together for Scotland, Louise thought there could be advantages. 5.2.6 Graeme noted Louise’s helpful suggestion and said he could envisage this being on the agenda for the future. However, there was a need to get the project underway first. 6. LTS Budget 2011 / 12 6.1 Graeme reminded the Board of the discussion that had taken place at the meeting in December. The paper requested by the Board had been written and formed the basis for discussion at a meeting between Graeme, Bernard, Alistair, Colin MacLean, Maureen Verrall and Murray on 10 February. Meeting of the Board of Directors 23 February 2011 4 B.Mins.01/11 Minutes 6.2 Bernard explained that in real terms the reduction was closer to 60% than 35% because of LTS’s fixed costs. However, the task now is to agree how best to deploy the funding that remains, but on the basis of no ring fencing of funds and outcomes focused. The meeting on 10 February had been useful to begin this discussion with Scottish Government colleagues. 6.3 Scottish Government is now further refining priorities and associated outputs using the list of priorities from Murray which the Board had discussed at its meeting in December. Murray confirmed that he had been liaising with colleagues in Scottish Government and expected to respond to LTS very soon. 6.4 Christine asked what the Board’s duty was in terms of advising further than Scottish Government. Is it the Scottish Government’s responsibility, for example, to inform the CfE Management Board. The Management Board is not aware of the reduction in LTS’s budget and there are implications in terms of, for example, NAR. Local authorities are very dependent on LTS and the understanding is that the new organisation will have a major responsibility for Moderation. Christine considered that such a high risk needs to be communicated further. 6.5 Murray said that SEQIA will have the combined resources of LTS and HMIe, but undertook to convey the concerns to colleagues in Scottish Government. 6.6 Action Due Date Murray Feb 11 Bernard advised the Board that he had a frank discussion with Colin MacLean and Maureen Verrall and pointed out the fact that there had been no prior discussion about the cuts and no recognition of the large proportion of fixed costs, including contractual elements managed by LTS on behalf of the Scottish Government. There was still no confirmation of the final budget figure, but work continues on the basis of £17.3m. LTS is also running a Voluntary Severance scheme with the aim of releasing additional resources to frontline activities, but there remains a serious shortfall that cannot be avoided. Meeting of the Board of Directors 23 February 2011 5 B.Mins.01/11 Minutes Action 6.7 Jacqui commented on some of the specific work that would not be continued and said it was very alarming. Bernard reassured Jacqui that there was still further refining to be done before priorities were agreed and, as mentioned earlier, funds released from Voluntary Severance would go some way towards bridging the funding gap. 6.8 Christine said that there are some areas of work that local authorities believe LTS is leading on, eg NAR. Louise also commented that there are other things on the critical path for CfE and despite best intentions to make best use of resources, it will be difficult to achieve. For example, SSLN still has a long way to go and there are practical implications for schools. 6.9 Jacqui said that she assumed that in terms of design of the new agency consideration had been given to the period from April to June and queried what guidance the Scottish Government had given regarding the key priorities to continue for the new organisation. Murray said that there is a need to ensure that Scottish Government priorities continue. He did not foresee anything stopping on 31 March and then starting again on 1 July. 6.10 Jacqui added that if the LTS budget could not deliver Scottish Government priorities would additional funding be provided. Murray reminded the Board of his previous advice that difficult decisions had been taken and there was no more funding available. The discussions Bernard mentioned earlier do need to take place and that is the next stage in the process. 6.11 Bernard did, however, raise the question of how to allocate scarce resources and still prioritise within a list of priorities. Voluntary Severance savings will not meet all the requirements. Bernard had also alerted Colin MacLean to one of the major issues which is to manage expectations in local authorities, but also his own colleagues within Scottish Government. 6.12 Christine said that she had no difficulties with LTS priorities, but the level to which LTS is able to deliver will not be the same and there is a need to be honest with stakeholders. Christine repeated the point that local authorities depend on LTS to help with national standards in moderation. Meeting of the Board of Directors 23 February 2011 6 Due Date B.Mins.01/11 Minutes 6.13 Louise said the whole situation was difficult because the Board has no knowledge of the discussions that are taking place about the new agency. For example, will inspections be suspended for 3 years so that all SEQIA resources could be focused on these priorities. Ken agreed and added that not only is the Board unaware of what is happening in planning for the new agency, but LTS planning discussions are taking place in isolation from HMIE. At some point very soon agreement needed to be reached on the priorities going forward. 6.14 Alistair commented on the Voluntary Severance scheme and the helpful support from Murray in terms of resources. Sixty expressions of interest had been received and just over 30 applications which the CMT would review. The Board noted that the Voluntary Severance is not linked in any way to the transfer to SEQIA. 6.15 The Board will be advised of the final result and, although this will release more funding to frontline activities, it will also be difficult to absorb the loss of staff. 6.16 7. Action Due Date Alistair 27.4.11 It was agreed that once the outcome of the current VS scheme is known and Murray reverts with the Scottish Government’s outputs and associated priorities, a view would then be taken on the need to alert the CfE Management Board to the implications of the reduction in LTS’s budget. SEQIA 7.1 Update from Scottish Government The Board received the following report: 7.1.1 The Vision paper was shared with staff from all three organisations in January and their comments sought. 7.1.2 Following an event in January with a cross-section of staff from all three organisations and other conversations with stakeholders, the Vision paper (Role and Functions) was further developed. This has now been signed off by the Meeting of the Board of Directors 23 February 2011 7 B.Mins.01/11 Minutes Cabinet Secretary. The paper will be issued to staff w/c 28 February and then made public shortly after. Murray will confirm if the Cabinet Secretary’s statement about the Role and Functions of the new agency can be shared with the LTS Board. 7.1.3 Bernard commented on the unfortunate use of ‘merger’ in a tweet by the Cabinet Secretary and asked Murray if this meant that the status had now changed. Murray confirmed that the Cabinet Secretary had been very clear that he does not want use of ‘merger’. Bernard indicated that this point required clarity and confirmation in writing to staff. Murray agreed to take this issue back to Scottish Government colleagues. In the meantime, Murray reassured the Board that the position is still creation of a new agency. 7.2 Action Due Date Murray Feb 11 Murray Feb 11 LTS Progress Report Alan spoke to this paper in Eileen’s absence and drew the Board’s attention to the following points: 7.2.1 Given the range and complexity of tasks to be completed by 30 June, officers have engaged the services of the LTS internal auditors to provide independent assurance. This will provide the Board with additional comfort and will be reported through the Organisational Development Committee in the first instance. 7.2.2 In terms of transition issues, officers are undertaking detailed due diligence which, although mainly for the benefit of Scottish Government (as the transferee) will provide another means of assurance to the Board. 7.2.3 LTS has written to the Scottish Government to get confirmation of any measures that might be in place as part of the transfer. This information will then form part of a formal letter from the Chief Executive to the LTS unions. LTS has a duty as an employer to formally inform staff of the transfer and, in this case, communication will be through the LTS unions. Meeting of the Board of Directors 23 February 2011 8 B.Mins.01/11 Minutes Action Due Date 7.2.4 Work on pensions transfer is progressing and officers are meeting with Strathclyde Pension Fund on 24 February. 7.2.5 Ken was given reassurance that there is a plan in place to deliver these tasks and that officers are confident that it can be achieved. Louise added her concern at the amount of time being spent on all of this with the result that there is even less resource for delivery of LTS’s core purpose. 7.3 Proposed Transfer to SEQIA and Winding Up of LTS 7.3.1 This item was taken in Closed Session and detailed discussion will, therefore, be reported separately. 7.3.2 However, in summary, the Board was very positive about the potential of the new agency, but remained concerned that the creativity and historic functions of LTS in curriculum development would be lost. 7.3.3 The Board also noted that in the absence of any prior discussion or information from Scottish Government on the final proposals for the role and functions of SEQIA, it was difficult to envisage what the aspirations of the new agency might be. 7.3.4 Nevertheless, Board Members unanimously agreed, in all good faith, that the proposed transfer of all LTS staff and functions to SEQIA should take place and would be in the best interests of LTS as a charity. 8. Annual Planning 2011/12 8.1 Alistair briefed the Board on progress with development of the Business Plan noting that Scottish Government priorities and associated outputs have not yet been confirmed. 8.2 Anne has been working with the Directors and Programme Directors to further develop priorities based on last year’s Business Plan and now mapping out deliverables within Directorates. The key now is to clearly illustrate the level and depth of what it is that LTS can deliver. Meeting of the Board of Directors 23 February 2011 9 B.Mins.01/11 Minutes 9. 8.3 Christine questioned the level of detail within the Business Plan that is made public, because on the basis of information given in the report to the Board, it could be taken to mean that there is no change to delivery. However, the next level of detail would give a very different picture. Bernard confirmed that the Plan would need to align with outputs. 8.4 Jacqui suggested prioritising top level indicators which would illustrate that the balance of outcomes was not the same. Bernard agreed that could be very helpful and could form part of the discussions with Scottish Government. Bernard also noted that LTS undertakes a considerable amount of ad hoc tasks and would no longer be able to do this to the same extent. Christine added that knowledge of LTS priorities assists local authorities to prioritise differently and then identify areas for joint working. 8.5 Alistair said that the intention is to come back to the April Board with more detail, noting that the Plan will cover the full year and will, therefore, require careful business continuity going forward into SEQIA. Action Due Date Alistair 23.2.11 Chief Executive’s Report 9.1 Curriculum for Excellence, Assessment and Glow Senior Phase 9.1 Alan reported that the Senior Phase support is geared towards what local authorities are looking for and is working very well. New National Qualifications 9.2 Support for the new NQs is a new and significant area of work for LTS. LTS will be responsible for 75% of the materials required, involving hundreds of qualifications across different levels. NAR 9.3 LTS is currently liaising with ADES, HMIe and others, to consider options for moderation responsibilities. Meeting of the Board of Directors 23 February 2011 10 B.Mins.01/11 Minutes Action 9.2 Due Date Emerging Technologies and International Research and Innovation Glow 9.2.1 Two important milestones were passed in December 2010 – 12 million log-ins to Glow and 50% of all Scottish teachers made repeated use of Glow during the month. 9.2.2 The recent bad weather also created a number of opportunities for schools to make use of Glow and this received very good Press. Confucius Classrooms 9.2.3 LTS has been asked by the Hanban to pilot a new teacher visit for teachers from the Confucius Classroom hubs in Scotland to visit China. LTS will provide evaluation. Scottish Learning Festival 9.2.4 There was a delay in getting Scottish Government approval for this year’s festival partly because of the creation of SEQIA and also the reduction in LTS’s budget. As a result, planning is running slightly behind and the Call for Seminars was delayed. The model for this year will be reduced in scale, but the best use of resources means that the festival will go ahead. 9.3 Dundee Offices 9.3.1 Alistair reported that the lease at the Overgate has been extended to end June 2011. It is proposed that those staff working at the Overgate will relocate to Endeavour House and to Distribution at Tom Johnstone Road. This is on track for completion by 30 June 2011. 10. Corporate Performance Report 10.1 Alistair drew attention to the following points regarding status: 10.1.1 Curriculum and Assessment, Emerging Technologies, Targeted Support and Technologies for Learning are reporting Green status. Meeting of the Board of Directors 23 February 2011 11 B.Mins.01/11 Minutes Action Due Date Louise 27.4.11 10.1.2 Developing Global Citizens and Community Learning and Development are reporting Amber status, but there is no anticipated impact on scope or plan. 10.2 The risk profile is in line with progress, but there is a rising risk – insufficient resources to deliver the programme – across all programmes. However, mitigation action has now been taken to address this through extension of secondments and advertising for new secondees. 10.3 No financial issues were reported. 11. Advisory Council Update 11.1 Louise provided Board Members with the following update: 11.1.1 The Creativity Group is meeting regularly and good progress is being made. Louise hopes to be able to report to the Board on the work of this group by the next Board Meeting in April. 11.1.2 Two ‘Hot Topic’ events have been planned and will be under way within the next month or so. 11.1.3 Overall, the work of the Advisory Council is going well. 12. Items for Noting 12.1 Minute from OD Committee Meeting – 26 January 2011 12.1.1 Noted. 12.2 Finance Reports – December 2010 and January 2011 12.2.1 Noted. 12.3 Media Updates – December 2010 and January 2011 12.3.1 Noted. Meeting of the Board of Directors 23 February 2011 12 B.Mins.01/11 Minutes Action 13. Due Date AOB 13.1 Election Guidance Alistair advised the Board that the Scottish Government had issued Scottish Parliament Election Guidance to all staff in the Scottish Government, NDPBs and agencies, noting that purdah starts on 23 March 2011. 14. Date of Next Meeting 14.1 The next meeting will take place on Wednesday 27 April 2011 at 10.30am in the Board Room, Learning and Teaching Scotland, Glasgow. Approved by: ______________________________________ Graeme Ogilvy, Deputy Chair Date: _________________ Approved by: ______________________________________ Alistair Gordon, Company Secretary Date: _________________ Meeting of the Board of Directors 23 February 2011 13 B.Mins.01/11