College Governance
Introduction
Colleges have a dynamic role in the local and national economy. They are central to the achievement of the Government's ambitions to foster lifelong learning. Colleges must draw upon and be guided by the experience, skills and knowledge of those members of the community who are able to offer themselves for voluntary public service as college governors. The Secretary of State has determined that, whilst governors must receive no financial benefit from their position, expenses arising as a direct consequence of their duties can be met.
Some measure of the significance of the role of governors can be ascertained by reflecting on the recent history of the sector:
During the lifetime of colleges incorporated as independent bodies under the 1992 Further & Higher Education Act, there has been a shift away from an initially business-orientated, competitive approach to service provision. There has been a move towards a model that involves stakeholders, avoids duplication of resources and encourages collaboration and co-operation between institutions.
Driving this has been the changing role of the central funding agencies. Colleges are now encouraged to be self-reliant in their mechanisms for assuring quality and improving standards. A funding methodology which previously concentrated on efficiency gains now sets close parameters for the controlled growth of colleges and student numbers.
Success is measured in terms of recruitment, retention and achievement, to support the government's broad policies for education and training.
This period has also been marked by an increased emphasis on the virtuous principles set out initially by the Nolan (and later, the Neill) committee concerning openness and accountability in public life. A small number of college corporations and their executives have encountered serious difficulties on matters of probity. Inevitably these made headline news at the time but the sector as a whole has learned from these cases
Powers and Duties
The powers of college governing bodies (what they may do), are set out in sections 18 and 19 of the Further & Higher Education Act 1992. Broadly, these are to provide further and higher education, and to supply goods and services in connection with the provision of education.
To do this, corporations are empowered to conduct an educational institution, provide necessary facilities, acquire and dispose of land and other property, enter into employment and other contracts, borrow (subject to funding council approval) and invest money, accept gifts and fund scholarships and prizes.
The duties of college governing bodies (what they must do), are set out in the Instrument and Articles of Government.
Instruments and Articles of Government
In summary, corporations must:
determine the educational character and mission of the college
oversee its activities
ensure the effective and efficient use of resources, the solvency of the institution and the corporation and the safeguarding of assets
approve annual estimates of income and expenditure
appoint (etc) senior post-holders and the clerk to the corporation
set a framework for the pay and conditions of all other staff
The articles of government also specify duties allocated to the Principal of the college and for which s/he is accountable to the board. They also set out, in some detail, procedural matters for the conduct of corporation business. It is the duty of the Clerk to the Corporate Governing Body to ensure that these are observed by the members.
It is worth noting that the Instrument and Articles exist not only to provide a set of procedural rules. They actually deal with the underpinning core values of public life:
Balance
Impartiality
Openness
Fairness
In turn these counter any potential injustices which might arise from abuse of power, self-interest, secrecy and arbitrariness.
Tenure of Office
Members are appointed to serve the Corporate Governing Body of Northbrook College for a period not exceeding three years.
Members retiring at the end of their term of office are eligible for re-appointment.
Members may resign their office at any time, by notice in writing to the Clerk to the Corporate Governing Body.
In certain circumstances, members may be removed from office, i.e. absences from meetings for a period longer than 6 consecutive months without permission of the Corporate Governing Body, or through inability or unfitness to discharge their functions as members.
Persons Ineligible to be Members
- Applicants should take particular note of the following conditions, reprinted as an extract from the Instrument of Government (Replacement...Order 2001):
- A person who is under the age of 18 years shall be ineligible for appointment as a member except as a student member.
- A person who is a member of staff of the institution shall be ineligible for appointment as a member except as a staff member or in his capacity as Principal.
- A student at the institution shall be ineligible to be appointed as a member except as a student member. A person who is already a member other than a student member shall not be required to resign if during his term of office he enrols on a part-time course at the institution but if he enrols on a full-time course at the institution he shall cease to be a member of the Corporation and thereupon the office shall become vacant.
- The Clerk to the Corporation shall be ineligible to be a member
- Subject to paragraphs 6 and 7, a person shall be disqualified for holding, or for continuing to hold, office as a member if that person has been adjudged bankrupt or has made a composition or arrangement with his creditors.
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Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease -
(a) unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
(b)if the bankruptcy order is so annulled, on the date of the annulment. - Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of 3 years from the date on which the terms of the deed of composition or arrangement are fulfilled.
- A person shall be disqualified for holding, or for continuing to hold, office as a member if, within five years before his appointment would otherwise have taken effect, or since his appointment, he has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than 3 months without the option of a fine.
- Upon a member of the Corporation becoming disqualified for continuing to hold office by virtue of paragraph 5 or 8, he shall forthwith give written notice of the fact to the Clerk of the Corporation.