Provider governance
The Single Voice, on behalf of the sector, needs to ensure that the statutory framework relating to the composition and structure of governance is compatible with self regulation. The Instrument and Articles of Government will continue to form the basis of the legal entity of colleges. Current governance arrangements for other providers, including private and voluntary sector agencies and those within the public sector (where additional regulatory frameworks simultaneously apply), will continue to apply. The Single Voice will provide advice to the Secretary of State on the Instrument and Articles of Government as they relate to the missions and strategic objectives of incorporated institutions. It will keep under review, the operation of the Instrument and Articles and from time to time, make recommendations after consultation with governing bodies to government for their development and modification. Each governing body will have the flexibility to determine its own composition in line with the needs of the locality within the terms of the Instrument and Articles and will be expected to ensure that full consideration is given to the learner voice. We envisage that governing bodies and boards will be more empowered as autonomous organisations to self-regulate their own affairs within a clearer accountability framework.
The responsibilities of provider governing bodies and boards include ensuring that the interests of learners, employers and the wider community are served. They will need to be aware of the impact of their decisions not only on their own institution but the wider standing and reputation of the sector. This responsibility will extend to the relationship that governing bodies and boards have with key stakeholders, including local authorities, employers and stakeholder groups within the community.
The Single Voice will facilitate through the representative bodies, local and regional networks of governors in order to exchange views and experiences and promote peer review to support provider governance development. The Single Voice will take responsibility for good governance guidance and promote governance improvement networks at regional and national level as appropriate.
The self regulation system will depend on an overarching code of conduct for providers, to which each provider will be required to adhere as a registered member. Governing bodies and boards will be responsible for ensuring that the provider does not fall below the standards set out in the code of conduct, determining their own code of conduct in line with the principles of self regulation. The overarching code of conduct will enable the Single Voice to act collectively to remedy situations where governing bodies and boards do not effectively discharge their duties. Future work will include the development of and consultation on the overarching code of conduct. This will be taken forward by one of a number of working groups set up to advance the proposals set out in our proposition.
