Corporate Governance Webinar 2019: Enhancing CTC Board Director Role & Responsibility\

1. CTC Board Directors Continuous Professional Development (CPD)Corporate Governance Webinar 2019

2. Session Agenda • Context of DES & FET requirements, changing operating environment for CTCs (development, planning, resourcing, implementation of plans and consider how progress will be measured) • Update re Corporate Governance and a CTC Boards Legal Framework • Director refresher re your role, responsibility and decision-making authority (and limitations of same) • Updated understanding of day to day CTC operation and responsibilities of the GM & Board • Consider ‘Risks’ • Consider role of key stakeholders

3. Joe McHugh T.D.Minister for Education and Skills: DES - Statement of Strategy 2019-2021: “I am pleased to introduce this new Strategy Statement which outlines the strategic direction and priorities that will be advanced during my time as Minister for Education and Skills” ‘CUMASÚ’ Empowering through learning

4. Managing Education and Training Sector Reform The Department is engaged in an extensive reform programme and continues to take a whole-of-system approach to strategic planning and implementation across the education and training sector. This joined up approach, based on international research, enables DES to: • plan and implement an extensive programme of reform and to balance this with the demands of supporting and sustaining the operation of the system • continue to work in partnership with key stakeholders to ensure the effective pacing and sequencing of planned reforms across the continuum of education and training • expand the scope of reform focusing on innovation and evaluation. • continue to work in partnership on the roll out of ‘Our Public Service 2020’, the new public service reform plan, and to expand the scope of reform to focus on innovation and evaluation in collaboration with the Department of Public Expenditure and Reform. Above extracts from DES Statement of Strategy 2019-2021

5. DES Action Plan for Education 2016 – 2019 DES – Action Plan for Education 2016 – 2019: ‘Clear ambition for Ireland to become the best education service in Europe over next decade’. New targets by end of 2019 *(10%+) • Goal 1: Improve the learning experience and the success of learners. (Objective 1.5: Increase the use of ICT in teaching, learning and assessment so that learners are equipped with the necessary skills to meet the challenges of a rapidly changing learning environment) ↓

6. DES & SOLAS • Data recording systems to support SOLAS planning for FET funding- Funding Allocation Request & Review (FARRs) & Programme & Learner Support Services (PLSS). FET Provision Reports must be populated as a priority to provide a transparent, effective and accountable FET sector • IACTO Grant Assurance Visit: 3 types; scheduled / follow up / specific purpose

7. Changed Strategies - Goal 2 (of 5) is to improve the progress of learners at risk of educational disadvantage or learners with SEN & Goal 3 – is to help those delivering education services to continuously improve Examples of how these link to CTCs via IACTO ‘pilots’? -Innovation ‘pilot’ (1) QFI - CIEP……’ground up’ process -CPD programmes – phase 3 this year -Innovation ‘pilot’ (2)with An Cosán – TEL blended learning – on-going at local level -(3) In development - Learner Workplace Skills, Soft Skills, Conflict Resolution, Progression, Tracking & Modes of Learning for CTCs

8. SOLAS - Strategic Goals x 5 • Skills for the Economy • Active Inclusion • *Quality Provision • *Integrated Planning and Funding • Standing of FET How these link to CTCs via their ETBs? - ‘pilot’ (1) *Quality Framework Initiative (QFI) - ‘pilot’ (2) with An Cosán – TEL blended learning - ‘pilot’ (3) Work related Skills

9. YR National Review Report on effectiveness of Youthreach programme launched by Minister for Education and Skills Joe McHugh T.D. Minister McHugh said: "I know the value of youth intervention, having worked in the sector, albeit many years ago. The Youthreach Evaluation is an important piece of research which examines the hard work being carried out in Youthreach centres by our education and training boards and in the community-led training centres”.

10. SOLAS response Its role was to look at FET system as a whole. Possible overarching ‘Implementation Body’ as numerous reviews across DES….. Commenting ahead of the event, Andrew Brownlee, Executive Director at SOLAS, said: "Among the present generation of early leavers, we are seeing an increase in the complexities of their needs – whether they have mental health issues, come from migrant backgrounds so may not have English as a first language or have faced discrimination, or have previously engaged in anti-social behaviour." • Report - overall positive piece of research, important everyone reflects on report, focus to remain on YR programme and what we do well, integrated and collective approach required (no silos), validity of different models and approaches with localisation, closer alignment around staffing, governance and QA • There has been an overall decline in demand for Youthreach from 2015 to 2017, as the economy has continued to improve and the long-term trend of decline in early school-leaving has continued. • At the same time there has been an increase in the number of severely marginalised young people requiring support from Youthreach, including Irish Travellers and young people from migrant backgrounds. • There has also been an increase in the number of young people with mental health issues participating in Youthreach programmes. • 3 main challenges - geographical spread, declining demand, cost

11. Next steps SOLAS's recommendations for the future of Youthreach include: • Greater promotion of Youthreach, particularly amongst communities traditionally excluded from further education and training opportunities, such as Travellers and young people from migrant backgrounds. • Enhanced collaboration with the Education and Training Boards and Community Training Centres responsible for delivering Youthreach to review the sustainability of providing Youthreach in the longer term. • Strengthening pathways for Youthreach participants to progress on to further education and training programmes such as PLC courses, apprenticeships and traineeships. http://www.solas.ie/Pages/SOLAS-Research.aspx

12. Liaison Committee • ETB/CTC Contracts 2019 – project group with ETBI, template amended, most issued/being issued currently • YPs and Soft Skills/Resilience/Emotional needs – IACTO research and plans to ‘pilot’ numerous initiatives to support learners, links to ↓ • IACTO & CTCs Strategic Planning Processes 2020 – 2022 Key themes with CPD interventions identified as: Child Safeguarding/TEL/Well-being/Conflict Resolution Management/ Coaching/Investigations/GDPR/Risk Analysis/P&P updates/IACTO webinars/Sharing & Learning Forums for GMs Data required for future planning – refresher workshops for CTCs re Strategic Planning in May & July (10th) • CTC ‘pilots’ x 2 (QFI x 9 and TEL x 14) evaluations 2019 – Q2 interim report produced • Employment Practices Insurance for CTCs – links to CPD needs….. Pay claim – Labour Court Recommendation LCR21881 - January 2019. Forums with Boards with follow on SIPTU meeting planned 25th June. • Latest development - IACTO & ETBI forum established, meeting 24th July, to feed into LC

13. Review of IACTO work plans see also SOLAS handout

14. Challenges for CTCs as Employer • Compliance requirements – CRO, Charities Regulator, Funding Body, Corporate Governance incl. GDPR, Risk Assessments Child Safeguarding, Garda Vetting, Employment Law, Pensions Authority • Recruitment & Retention of voluntary Board members • Cost of Insurance premiums • Recruitment & Retention of Staff • Learner numbers and profile and changing needs • Future Planning of services

15. Stakeholders

16. Charities Governance Code Key dates to show how you are complying with the Code. The Charities Regulator will provide a suite of guidance to assist charities and charity trustees to meet all of the core standards outlined in the Code. • 2019 - will be a year of learning and preparation for charities. • 2020 - will be the first year that registered charities are expected to comply with the Code. • 2021 - will be the first year that registered charities are expected to report on their compliance with the Code. Comply or Explain principles

17. Corporate Governance Reminder that there are many definitions but essentially about: • Being in control • Taking overall collective responsibility for work of the CTC (oversight of the work) • Leadership and the ‘big picture’ • Distinct from Management (co-ordination and organising the work) and Operations (delivery/doing the work)

18. Governance

19. Governance as Leadership 3 types of Governance & Directors Duties: • Fiduciary – Stewardship of assets, mission accountability, Duties to act solely for the benefit of the company alone, Act in good faith, Exercise care, skill and diligence • Statutory/Strategic – Arising from Companies Act and related, Develop strategy, Allocate resources including financial accordingly • Generative – Frame problems, make sense of ambiguity

20. Legal Requirements 1. Maintain proper accounts and submit audited accounts with the annual return 2. Maintain a register of members and directors 3. Hold an Annual General Meeting a. Provide appropriate notice b. Present accounts for approval c. Appoint Auditors d. Allocated number of directors to retire (normally eligible for re-election) 4. Make annual returns to the Companies Registration Office (CRO) at appointed date 5. Notify the companies registration office of any special resolutions or changes to the memorandum and articles of association (reminder re Charities Regulatory Act requirements) 6. Notify the companies registration office of any changes in the directors, company secretary, auditors or the registered offices 7. Keep minutes of all meetings of the company

21. Risk..…………… Key risk areas for the CTC include being fully compliant with current legislation and best practice standards including but not limited to:- 1. Company Law 2. Employment Law 3. Health & Safety Legislation 4. Data Protection Legislation NB - New GDPR requirements 5. Financial Operating Standards/ Regulations 6. Child Safeguarding Legislation 7. Contractual Compliance (including National Agreements and ETB contractual terms) 8. Leadership and Culture • Resource Management • Garda Vetting & Disclosures

22. Board policies review chart (incomplete chart – mythical CTC)

23. Members own motivation (Reflective task) • Why did you join the Board? • Skills sets of members? • Community involvement experience? • Your expectations as a Member? • Describe vision/future direction of the CTC? • Rate your engagement level – between 1 and 10 (really engaged) in your head……..

24. What else can I do? • Be self aware • Accept feedback and proactively seek it • Remember the learner is central to the service • Share in the workload of the Board but enable the GM to manage without undermining………………… • Excuse yourself from discussions that may lead to a perception of a conflict of interest /loyalty and return any relevant information to the Board • Respect the confidentiality of sensitive information and Board discussions

25. Your CTC Business Plan • Ensure Innovative CTC objectives link to FET Strategies (DES →SOLAS → ETBs) • Consider ‘change management’ needs • Where is PMDS in your CTC? What is an IDP & a PIP? • Staff supervision and support and ‘reflective practice’ strategies – does your CTC have these in place? • Board member support – what is it locally, regionally and nationally? • Corporate Governance – take the

26. CTC Planning Processes for a new Business Plan year (1) End of Q2 of current year – GM to co-ordinate • Review of all programmes against BP & FET/ETB plans to include funder audits • Planning meetings with Staff and Board to include presentations of achievements to date • Mention Info Forum ‘pilots’ • Mid year PMDS meetings with emphasis on following year business needs, PIPs required? • Draft BP for next year started (reference SOLAS mid-year review requirements for IACTO) • Mid year audit of budget/learner & activity days/certs/ BP objectives/outcomes • Interim action plan may be required?

27. CTC Planning Processes for a new year (2) End of Q3 of current year – • Review current year BP to date • Continue ‘next years’ draft BP with ETB input • GM prepares up to date budgetary data and projected requirements for new year • Board meet to review above • Local area key stakeholders (including past learners) engaged in whole CTC service evaluation*, GM to lead with named Board support • GM to meet with CDO for ETB input • GM meets with Board Executive/BP Panel to discuss next steps • Draft BP presented by GM to Board for further review/input by early Q4 – Oct/Nov *links to Innovation ‘pilot’ currently underway

28. CTC Planning Processes for a new year (3) Early in Q4 of current year – • Board & GM review of current and planned: capacity, budgets and activity days against outputs/targets set • GM & Staff review programme objectives against draft BP and prepare ‘progress paper’ for final Board Report of current year • QQI planning process? • ETB indication of new year requirements? (pending Government allocation of funds) • Status of national review? Any implications yet? • Final PMDS meeting of the year with staff, any HR implications?

29. Stakeholders

30. The General Manager • Is an employee of the Board……….. • GM will work with the Chairperson and Executive (if any) to organise and prepare information for board meetings: draft papers, annual and other reports, plans, budgets, learner numbers and progress against FARRs, PLSS and other information for circulation to board members • GM attends meetings to report on centres’ activities, provides advice on future developments, inputs to decision-making and compliance with legislation and other responsibilities and supports the Boards decision-making process (& cannot be a Board Member) • GM manages the day-to-day operations (including the budget, programme and staff) and liaises with ETB on the technical and operational aspects of managing the centre • In relation to Child Safeguarding the GM is the Designated Liaison Person and Authorised Person within these special circumstances and so the DLP is the decision maker. The Boards’ decision making role in such incidents is purely related to their role as an employer

31. Q&As? Further information at: www.iacto.ie http://www.solas.ie https://www.education.ie/en https://www.cro.ie/Publications/FORMS-CRO https://www.charitiesregulator.ie/en https://www.etbi.ie

32. Glossary • DES – Department of Education & Skills • SOLAS – The Further Education & Training Authority • ETBs – Education & Training Boards • IACTO – Irish Association of Community Training Organisations • CTCs – Community Training Centres • GMs – General Managers • QFI – Quality Framework Initiative • CIEP – Centre Improvement Evaluation Plan • YR – Youthreach Programme • NFQ – National Framework of Qualifications • QQI – Quality & Qualifications of Ireland • PMDS – Performance Management Development System • IDP – Individual Development Plan • PIP – Performance Improvement Plan

33. Get in Touch, Be Engaged: • www.iacto.ie • Follow us on Twitter - @iacto5 • iacto@iacto.ie • estelle.webb@iacto.ie • 01 – 4504249 • Suite 1B Bluebell Business Centre, Old Naas Road, D12 XV7K