Finance and General Purposes Committee Minutes 3 May 2023
Finance and General Purposes Committee Minutes 3 May 2023
Corporation and Committee Minutes- Finance and General Purposes Committee Minutes 3 May 2023
Minutes of a meeting of the board of Leicester College Corportation: Finance and general purposes committee
Held on 3 May 2023
Present: Danielle Gillett (Chair), Chan Kataria*, Nicola Gonsalves*, Lee Soden, Verity Hancock, Caroline Tote
In Attendance: Louise Hazel - Director of Governance and Policy, Shabir Ismail - Deputy Principal/CEO, Della Sewell - Director of HR
* Joined via Teams
- Declarations of interest - 1.1 Members of staff declared an interest in agenda item 6.2 (pay award). Verity - Hancock, Louise Hazel and Shabir Ismail declared an interest in item 10. 
 
- Apologies for absence - There were no apologies for absence. 
 
- Minutes of the previous meeting and matters arising - 3.1 The minutes of the meeting held on 1 March 2023 were received and - agreed. 
- 3.2 The confidential minutes of the meeting held on 1 March 2023 were - received and agreed. 
 
- Finance report (Period 8) - 4.1 The Deputy Principal presented the finance report (period 8). The following - points were highlighted. - 4.1.1 The year to date result was an operating deficit after restructuring - costs of £3,681k compared to the budgeted deficit of £3,347k. 
- 4.1.2 16-18 learner responsive learner numbers were above allocation by 85 - students. However, due to the mix of students recruited, the allocation - had been reduced in year by £161k. 
- 4.1.3 The R08 data return and discussions with curriculum directors - suggested that the College would fall short of the spring reforecast - AEB target. 
- 4.1.4 Apprenticeship income was currently in line with the revised autumn - reforecast target but there would need to be a significant number of - achievements over the remainder of the year to achieve the target. 
- 4.1.5 HE recruitment was below target. A decrease in income of £70k was - factored into the spring reforecast. 
- 4.1.6 As a result of the spring reforecast the College would breach two of its - bank covenants. At a recent meeting, Santander confirmed that bank - covenants would either be suspended or waived for 2022/23. This had - been confirmed in an email and further written confirmation was - awaited. 
- 4.1.7 The bank had no issues with the College’s cash position from a going - concern point of view. 
- 4.1.8 The College’s financial health remained in the ‘requires improvement’ - financial health rating at 140 points. 
 
- 4.2 Governors requested sight of the email from Santander. 
- 4.3 Governors asked a number of questions including: - 4.3.1 Was it likely that the summer reforecast would take the deficit - down further? It was likely that the AEB forecast would decrease - further although an additional 2.2% funding would be applied at the - end of the year. Current forecasts suggested an additional deficit of - around £490k although the summer reforecast had not been - completed and there would be other savings. 
- 4.3.2 So was there a potential for a £2.3 million deficit? Yes, it could be - slightly more at £2.4 million. 
- 4.3.3 Was this the worst case scenario? Probably although the funding - through AEB and End Point Assessments remained the most difficult - to predict. 
- 4.3.4 Was the reason for underachievement of the allocation a result of - over-optimism in forecasting? In part. Pre-pandemic, the College - had comfortably met and exceeded AEB targets so it had felt there - was a reasonable assumption that recruitment might return to near - normal after the pandemic. However the rising cost of living had - meant that more adults were prioritising work over study, impacting on - participation. In addition, the government’s new Multiply programme - which displaced some of the AEB delivery and which the College had - expected to recruit to had not been successful. The County Council - had issued a contract late and the City Council had not got its - programme off the ground. It had only become clear at the end of last - term that referrals would not be forthcoming. 
- 4.3.5 The College would need to think carefully about plans for next - year; the adult position could get worse. Agreed, this had been - taking place through the curriculum planning process. For 2023/24, the - College would base the curriculum plan on outturn for this year and - allocate resources accordingly. 
- 4.3.6 Although the bank had indicated it would be happy to suspend or - waive the covenants, what would have been the impact on the - covenants of the increased deficit? The College would have - breached the covenants anyway and there was no further impact. - Santander’s potential areas of concern would be around the cash - position and the ELT’s ability to manage the position and they had no - concerns with either. 
- 4.3.7 Was Santander aware of the potential increase in deficit? Yes, the - College was open and transparent with the bank. 
- 4.3.8 Would the increase in deficit change the financial point score and - what would the impact be? Anything above 110 points would be RI - but anything below 130 might cause the ESFA to ask questions. A - score below 110 would result in intervention and a deficit of £6m would - push the College into inadequate financial health. 
- 4.3.9 The cash position might look healthy but it would decline over - time given the capital programme. Agreed; the underlying cash - position was still around £4-5 million. 
- 4.3.10 What was the value of the additional 85 students? Around £1 - million. The ESFA had been approached to see if an in-year business - case could be made but it could not so the College was effectively - teaching these students unfunded and was also incurring student - support costs. 
 
- 4.4 Members noted the period 8 finance report 
 
- Capital programme update - 5.1 The Deputy Principal presented an update progress with projects in the capital - programme. The following points were highlighted. - 5.1.1 Tenders for the Wave 4 T level project had come in significantly over - budget at around £3.4m. To help mitigate this, the DfE had been - approached and had confirmed additional funding of around £100k - and that the College could use other capital funding flexibly although - this might impact on other projects. 
- 5.1.2 The value of the quote for the Savoy Trust kitchen redevelopment - meant that only one kitchen could now be completed. 
- 5.1.3 The gas workshop project was on track although there was some cost - increase. 
- 5.1.4 The OfS project was going out to tender. If the tenders exceeded the - estimated project cost it would be necessary to scale down the design - but build it with foundations to allow further floors to be added at a - future date if funding became available. 
- 5.1.5 The fab and weld project was now considered to be amber or red. - Further discussion suggested that the College would not recoup the - funding through additional recruitment and it was therefore - recommended that the project not be pursued. 
- 5.1.6 The College would receive £1.1 million through the FE Capital - transformation funding programme based on a condition survey - completed by Capita which identified the College as category B. A - meeting had taken place with the ESFA to challenge the allocation and - provide more detail from the College’s own condition survey. 
- 5.1.7 Other projects were on track or complete. 
 
- 5.2 Governors asked a number of questions including: - 5.2.1 Was the fab and weld project funded by grant or reserves? It - would be both but not proceeding with the project meant that the grant - funding could be used elsewhere 
- 5.2.2 The approach to the OfS project seemed sensible. It was likely - that the £5.5 million scheme would come in higher and so further - funding might be needed. What was the appetite of the OfS to - funding increased costs? This was not yet known. 
- 5.2.3 The category B issue needed to be pushed with the ESFA. - Agreed, evidence had been provided and this would be followed up. - The College would work with the existing allocation and anything else - would be a bonus. 
 
- 5.3 Members noted the capital programme update and agreed to cease the - fab and weld project. 
 
- Plans for 2023/24 - CONFIDENTIAL 
- Tuition fees - 7.1 The Deputy Principal presented a report on proposed changes to the Tuition - Fees Policy. The following points were highlighted: - 7.1.1 The minimum hourly rate would be increased to £10. Curriculum areas - were encouraged to charge more if the market would bear it. 
- 7.1.2 Fees for unfunded students be retained at the same level since there - were students following two-year programmes. 
- 7.1.3 Exam resit fees which had been suspended during the pandemic - would be reintroduced but a reduced to £5 to make them more - affordable. 
- 7.1.4 For HE students, the cancellation period would be reduced from six to - two weeks for refunds. This would be in line with most other HE - institutions and consistent with the policy for the students at the - College who were on the DMU franchised programmes. 
 
- 7.2 Members agreed the changes to the Tuition Fees Policy. 
 
- Loans and RCF update - 8.1 The Deputy Principal presented an update on the loans and revolving credit - facility (RCF) position. The following points were highlighted. - 8.1.1 The loan with Santander which was out of term had now transferred to - the Department for Education. The College had also taken the - opportunity to cancel the RCF and so non-utilisation fees would be - saved. 
- 8.1.2 The terms of the DfE loan had prompted Santander to review its own - covenants and whether it would continue to retain the covenants in the - future, given that breach of the covenants and a possible renegotiation - of terms would probably not be agreed by the DfE. 
 
- 8.2 In response to a question as to whether the move to the DfE provided further - security, it was confirmed that it did. All banks were reviewing their position - and colleges were now viewed as a safer bet. The bank might soften - covenants for next year. 
- 8.3 Members noted the update on loans and the RCF. 
 
- Bad debt write-off - 9.1 The Deputy Principal presented a paper requesting authority to write-off debts - that were considered uncollectable. The following points were highlighted: - 9.1.1 It was proposed that one debt of £2,746.93 be written off. 
- 9.1.2 The debt had been chased as far as possible and was now considered - to be uncollectable. 
- 9.1.3 With this recommendation, the cumulative total for the year would be - £36,212. 
 
- 9.2 Members considered the paper and agreed to approve the write-off of - uncollectable debt of £2,746.93. 
 
- Senior postholder procedures - Governors confirmed they were content for Senior Postholders to remain in the meeting. - 10.1 The Director of HR presented the senior postholder procedures. The following - points were highlighted. - 10.1.1 The Association of Colleges model documents had been used to - develop Disciplinary, Capability and Grievance procedures for senior - postholders (SPH). There were different arrangements for SPH - because of their reporting lines. 
- 10.1.2 The policies had been shared with SPH and the NEU had been - consulted and given agreement to the policies. 
- 10.1.3 The policies included procedures for how matters would be dealt with - through a Special Committee of the Corporation. 
- 10.1.4 The Equality Impact Assessment showed no negative impacts. 
 
- 10.2 Governors asked a number of questions including: - 10.2.1 Who were the SPH and how were these procedures different from - those for other staff? SPH were the Principal/CEO, Deputy - Principal/CEO and Director of Governance and Policy. There were - different procedures because of the need to involve governors in the - process. 
- 10.2.2 Who would be on the Special Committee? That would be a matter - for the Corporation. The Chair and Vice Chair would also have a role - in the performance management process and so membership of the - Committee would need to be agreed at the time it was needed. 
- 10.2.3 Did the NEU offer any changes or recommendations? Some minor - changes had been incorporated. It had also been suggested that - separate capability procedures were needed for sickness and - performance issues but given the small number of people covered by - the policies it was felt this was not necessary. 
- 10.2.4 Was there anything about referrals to the DSL or LADO including - allegations of harm included in the policy? This was implied but not - explicit; this would be added. Such events would be referred to the - LADO before any action was taken. 
 
- 10.3 Members agreed to recommend the senior postholder procedures and the - terms of reference of the Special Committee to Corporation and received - the equality impact assessment. 
 
- Any other business - 11.1 The Chair noted that this would be Caroline Tote’s last meeting. Caroline was - thanked for her contribution as a governor and particularly for her role as - safeguarding lead governor. Caroline said how much she had enjoyed being a - governor of a College which was so important to the local community and - expressed her confidence in the Executive Team leading the College through - what would be a challenging time. She wished the College well. 
 
- Waivers of financial regulations - 12.1 Members received and noted the report on waivers of financial - regulations. 
 
- ESFA Financial dashboard - Members received and noted the ESFA Financial dashboard. 
 
- Dates of next meetings - 22 June 2023