Minutes Meeting of the Board of Directors A meeting of the Board of Directors was held on Wednesday 18 February 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 Bernard McLeary, Chief Executive John Mulgrew OBE, Chair Iain Nisbet, Board Member Graeme Ogilvy, Board Member Christine Pollock, Special Adviser Douglas Weir, Board Member Gavin Whitefield, Special Adviser In attendance: Alan Armstrong, Director - Education Improvement Denise Brock, Head of Communications (Item 10 only) Alistair Gordon, Head of Finance & Company Secretary Stewart Carruth, Director - Corporate Services Catherine MacIntyre, Executive Manager Laurie O'Donnell, Director - Learning and Technology Stuart Ritchie, Director - Curriculum Apologies: James Conroy, Board Member Alison Coull, Scottish Government Jacqui Hepburn, Board Member 1. Due Date Alistair Feb 08 Apologies / Welcome 1.1 Apologies were received as noted above. 1.2 2. Action John welcomed Christine and Gavin as Special Advisers to the Board. Minutes of the Previous Meeting held on 3 December 2008 + Action Grid 2.1 The Minutes of the previous meeting and Action Grid were accepted as a true record. These will now be published on the website, subject to any FOI exemptions. Meeting of the Board of Directors 18 February 2009 1 B.Mins.01/09 Minutes Action 3. Matters Arising from the Previous Minutes 3.1 There were no significant matters arising that did not feature on the agenda. 4. Declarations of Interest 4.1 5. None. Scottish Government Review of LT Scotland 5.1 John reported that he had invited Jamie MacDougall to update the Board, but he had subsequently received a call from Colin MacLean to say that Jamie would need to attend another meeting. 5.2 However, John met briefly with Jamie prior to this morning’s Board Meeting and provided the Board with the following update. 5.3 i) All of those on the list of stakeholders have been interviewed and the broad themes emerging remain the same as reported at the December Board Meeting. ii) Jamie is now finalising the Phase 1 draft report. The Scottish Government has agreed that before the Phase 1 report is finalised, they will discuss it with John and Bernard. A meeting has been arranged for Thursday 26 February 2009 for this purpose. iii) What happens after that, is still unclear. However, our understanding is that what will be presented on 26 February is a set of questions. The Board raised concerns about staff and the difficulties this presents for Bernard. John has had assurances that the Scottish Government’s target is to conclude by Easter. However, in order to achieve an outcome by Easter, there would need to be some activity in early March and the Board would want to see John and Bernard as key partners in this. Meeting of the Board of Directors 18 February 2009 2 B.Mins.01/09 Due Date Minutes Action 6. 5.3.1 Bernard said that it is all credit to LTS staff who have delivered in the context of nearly 14 months of uncertainty. Bernard has been keeping staff informed and Trades Union on board. Unfortunately, because Jamie is unable to be present, it will not be possible to give staff a further update following this meeting. We also do not know if the new Minister for Schools and Skills will have any impact on timescales. 5.3.2 The Board agreed that, if Ministers delayed the Review further, then it would be necessary to get some certainty on the budget / planning for 2009 / 10. Christine also commented that the Scottish Government had spoken to North Lanarkshire as part of the consultation process. Christine confirmed that she would be very happy to assist further with progressing the Review. 5.3.3 In conclusion, John said that next Thursday would be an important meeting and discussion will need to include what is expected in Phase II. If necessary, John will call a Special Meeting of the Board. Chair’s Report 6.1 John gave a brief overview of his report, highlighting the following points: 6.1.1 The local authority pilots and their importance in the context of LTS’ contribution to the Concordat and Single Outcome Agreements. 6.1.2 John’s visits to local authorities to see Glow working in practice and to find out more about the speed and focus of implementation. John raised the question of CPD opportunities and how essential Glow is for delivery of CfE. 6.1.3 The useful links made during John’s visit to the US, in relation to leadership and technology, and in the context of the Review. John suggested that Board Members could, if they wished, send any thoughts / comments to Bernard. Meeting of the Board of Directors 18 February 2009 3 B.Mins.01/09 Due Date Minutes Action 7. Chief Executive’s Report 7.1 Curriculum for Excellence Update 7.1.1 The main points from Alan’s report were as follows: i) LTS continues to deliver its commissioned work. The Scottish Government now has the complete set of outcomes and will carry out a thematic review as part of the quality assurance process. If further work is required, LTS will be informed. ii) Testing the Framework is generating a great deal of interest. Advice and products that come from the workshops will be produced and published online, but it is important that practitioners have an opportunity to test prior to release. iii) LTS’ programme of work for the coming year will also include a feasibility study of possible software options. iv) LTS has been developing papers on Assessment for release along with the experiences and outcomes. There has already been engagement with professionals and partners, and further engagement is planned. 7.1.2 The Board discussed various issues in relation to Testing the Framework, assessment and qualifications, and the timescales associated with each. 7.1.3 Christine commented that the Cabinet Secretary had been clear about the timescales and local authorities need to have CPD organised. It will, therefore, be important to ensure that there is no delay from the Management Board on release of the Es and Os. Local authorities have also been offered an additional In-Service day and North Lanarkshire is planning to use online Es and Os in their May In-Service. Meeting of the Board of Directors 18 February 2009 4 B.Mins.01/09 Due Date Minutes Action 7.2 7.1.4 Bernard assured Christine that this will be part of LTS’ planned work for next year. The summer term CPD will be vital time for managers and it is essential to achieve the 2010 dealine. LTS will do everything to make sure that there is no delay through the Management Board. 7.1.5 The Board agreed that is unlikely that all changes in classrooms will be achieved by that date and that a longer term view needs to be taken. There was also discussion about assessment and qualifications, and the importance of clarity of policy related to this. Procurement of Interconnect 2 (Commercial In Confidence) 7.2.1 7.3 Laurie reminded the Board that this was part of the national ICT infrastructure. LTS is managing the procurement on behalf of the Scottish Government and this week has been successful in reducing the risk status of from ‘red’ to ‘amber’. Although timescales are still very tight, LTS is working with Thus to deliver on time for July. LTS and 4iP 7.3.1 Laurie explained about the wider partnership that LTS is developing with Channel 4. The aim of this particular proposal is to develop public digital media services – excluding TV. LTS is currently looking at 2 options: a graphic novel and games development. 7.3.2 Christine referred to the OECD report and Richard Tease’s comment about better vocational qualifications. Laurie confirmed that certification is also being discussed. Meeting of the Board of Directors 18 February 2009 5 B.Mins.01/09 Due Date Minutes Action 7.4 7.5 7.6 Due Date Winning Game 7.4.1 Laurie reported that the game had been piloted in Perth High School and will be made available through Glow. It is seen as very relevant within the context of the Four Capacities. 7.4.2 Referring to earlier discussion about Glow, John said it would be helpful if Laurie could bring the Board up-todate at a future meeting. Laurie Pay Negotiations 7.5.1 Stewart advised that, with the Board’s endorsement, LTS had implemented the pay deal for all staff, with the exception of 27 red circled staff, in December 2008. Individual discussions are now taking place with red circuled staff. The implementation was very low key and LTS’ relationship with Unions remains very good. 7.5.2 Alistair added that for the major of staff it is a good deal helps to mitigate our equal pay risk, although some issues on equal pay still remain. Voluntary Severance Scheme 7.6.1 Stewart explained that LTS had made savings to fund a voluntary severance scheme and had submitted a business case to the Sponsor Department in October. We have now received notification (?) of the Scottish Government’s intention to claw back £350k of this money. 7.6.2 Alistair confirmed that the Scottish Government has agreed to a smaller scheme for 2008 / 9 only. Details have been issued to all staff at the end of January and discussions are now taking place with staff who have expressed interest. Meeting of the Board of Directors 18 February 2009 6 B.Mins.01/09 22.04.09 Minutes Action 7.6.3 Gavin said that he would be happy to share North Lanarkshire’s experiences of equal pay issues and past liability, and changes in case law regarding salary preservation. Bernard said that LTS is trying to give individual counselling and alternatives to red circled staff and it would, therefore, be very helpful to talk to Gavin. 7.6.4 Bernard said he was very disappointed about the clawback, particularly as there had been no communication from the Scottish Government since submission of the business case in October. LTS had been following Simplification Guidance from Cabinet Secretary, John Swinney, which stated that any funding for organisational development must be met from existing budgets. Bernard noted that the Schools Directorate had been very supportive. Carole, Gavin and Stuart withdrew from the meeting. 7.7 Dundee Office Relocation 7.7.1 Alistair confirmed that the Overgate lease had been extended to October 2009. The original entry date to Caledonian House was November 2007, but our understanding now is that HMRC is considering handing back Caledonian House to their agents. LTS and staff are happy with the Overgate, but remaining there is dependent on the outcome of the Review. 7.7.2 Laurie confirmed that he continues to meet with and keep staff up-to-date. Douglas reminded the Board of earlier Audit Committee discussion. The consultants had stated that if LTS were to relocate to Caledonian House for 3 years (per the MOTO) and then review office needs again, better property options might be available at that time. Meeting of the Board of Directors 18 February 2009 7 B.Mins.01/09 Due Date Minutes 7.8 Stewart 22.04.09 The Board noted the report. Following up on a request at the last meeting regarding impact, Stewart advised that this would be addressed within the paper for item 10 on the agenda. Corporate Performance Report 8.1 9. Due Date Media Update 7.8.1 8. Action Stewart reported that there were two changes since the last report, within Corporate RLG and ICT Internal Process respectively. The Board was satisfied that, in both instances, there was no particular cause for concern and no indication of longterm trend. Planning and Budgeting 2009 / 10 9.1 9.2 Indicative Business Plan 9.1.1 Stewart explained that the Business Plan was presented as ‘indicative’ because of the Scottish Government’s Review of LTS. 9.1.2 In the meantime, however, the Plan indicates the areas where we would like to develop the organisation. For example, increased partnership working in light of the Concordat and ensuring that we have the appropriate systems / processes / skills in place. Discussions with colleagues in the Scottish Government are also continuing to agree programme outcomes. 9.1.3 The Board should receive the final draft of the Business Plan at the meeting on 22 April 2009. Draft Budget 9.2.1 Alistair gave an overview of the high level, indicative figures within the draft budget, drawing the Board’s attention to a number of points, including: Meeting of the Board of Directors 18 February 2009 8 B.Mins.01/09 Minutes 9.2.2 i) The core grant is a fixed sum – the same as 2008 / 9. ii) Funding allowed for additional staffing, because a number of staff have not been replaced in 2008 / 9 pending the outcome of the Review. Alistair advised that the next iteration of the draft Budget would be presented to the Audit Committee on 24 March for confirmation of its technical accuracy. The Final Draft Budget will come to the Board for approval on 22 April 2009. Action Due Date Alistair 22.04.09 Denise joined the meeting. 10. Corporate Governance 10.1 Board’s Engagement with Stakeholders 10.1.1 John reminded the Board of discussion at the last meeting and invited Denise to brief Board Members about the proposals in the paper. 10.1.2 Denise summarised the process, using the questionnaire and the analysis of responses which suggested five possible options. 10.1.3 The Board discussed the proposals identified and agreed to progress following options: i) Informal lunches with staff following Board Meetings. ii) A forum for LTS Board Members to meet with other partner Board Members commencing with SQA (and prior June if possible) to share interests in and awareness of Curriculum for Excellence. iii) An introduction to Glow / awareness raising, with the possibility of establishing a Board Glow Group at a later date. Meeting of the Board of Directors 18 February 2009 9 B.Mins.01/09 Minutes Action iv) Corporate Communications to develop an appropriate report for the Board on stakeholder engagement activities at a corporate level. v) A calendar of corporate events for Board Members. Due Date 10.1.4 Denise confirmed that Corporate Communications would be conducting a stakeholder survey as one of the ways in which LTS assesses impact. The results of the survey will be included in a future report to the Board. 10.1.5 Catherine will arrange for the actions to be progressed. 11. Catherine Board Member Discussion Item 11.1 Arrangements for Drafting LTS Responses to Consultations 11.1.1 Iain had raised this query and sought further clarity about the way LTS approaches responses to Scottish Government Consultations. 11.1.2 Bernard explained that several factors are considered, including: i) Whether it would be appropriate or not for LTS to respond given our NDPB status and role in being commissioned to carry out work. ii) Internal capacity, ie whether LTS has the staff / expertise. 11.1.3 Iain appreciated the constraints on the organisation in terms of capacity, but felt that because responses are made public, it was important to be clear of LTS’ position. 11.1.4 It was agreed that Iain would meet with Bernard should he wish to discuss / clarify further. Meeting of the Board of Directors 18 February 2009 10 B.Mins.01/09 Ongoing Minutes Action 12. Due Date Items for Noting 12.1 Finance Reports – November and December 2008 12.1.1 The Board noted the reports. 13. Any Other Business 13.1 Update from the Advisory Council 13.1.1 Louise advised Board Members that she had recently met with the Chairs of the 3 sub-groups to discuss the format of papers being produced by each of the groups. Louise extended an invitation to Board Members to join the next meeting of the Advisory Council in March, or any of the sub-groups which may be of interest. 14. Date of Next Meeting 14.1 The next meeting of the Board of Directors will take place at 10.30am on Wednesday 22 April 2009 in the Board Room, Learning and Teaching Scotland, Glasgow. Presentation by Professor Alan Miller, Chair of Scottish Human Rights Commission Board Members were joined by Alan Miller, Chair of Scottish Human Rights Commission, for information discussion about SHRC’s Strategic Plan. Discussion included potential links with LTS in terms of Curriculum for Excellence and ways of working together to deliver a shared agenda. It was agreed that a joint paper be developed and presented to both Boards in the summer. Approved by: ______________________________________ John Mulgrew OBE, Chair Date: _________________ Approved by: ______________________________________ Alistair Gordon, Company Secretary Date: _________________ Meeting of the Board of Directors 18 February 2009 11 B.Mins.01/09