AoC reply to the DfES
| 15 August 2006 AoC's Reply to the Department for Education and Skills Consultation on the Instrument and Articles of Government and the wider FE Governance Framework 1. IntroductionThe AoC believes the timing of the latest changes to the I&A provides a window of opportunity to reshape the current FE Governance Framework in order to introduce some of the recommendations introduced in the latest FE White Paper; Raising Skills, Improving Life Chances.2. The Consultation MethodologyAoC held four consultation events in order to seek the views and opinions of Governors and Clerks used in this submission. We have also used the views of AoC's Governance Advisory Group, Clerks' Advisory Group and the National Clerks Network to help in shaping this document, along with feedback from our regions and our Freephone Governance Helpline.3. SummaryAoC supports the action taken by the DfES to update the Instruments and Articles but we have reservations about the new version, which is unnecessarily prescriptive and possibly unworkable. This response sets out ways in which the DfES could achieve its objectives while significantly simplifying the document in ways that would clearly place responsibility for the effective governance of colleges with governing boards.AoC also has serious reservations about some of the changes to the regulatory environment for colleges which follow the FE White Paper. Our consultation demonstrated strong opposition to the proposal that the LSC be given powers to dismiss a principal. In our opinion, this proposal would require the LSC to become a party to individual employment contracts or unprecedented primary legislation, which go way beyond the position with public sector organisations like schools or police services. There is a clear possibility that such changes would cause the Office of National Statistics to reclassify colleges as public sector bodies, which could, in turn, result in new interpretations in the courts of the employment status of college staff. AoC doubts that this is the government's intention and recommends that this proposal is re-considered. 4. AoC's Full SubmissionOur full submission draws particular attention to the following headlines:1. The Instrument and Articles of Government 2. The Role of the Volunteer Governor 3. The Role of the Clerk 4. The Role and Powers of the LSC 5. Self-regulation 6. The FE White Paper; Raising Skills, Improving Life Chances
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