Last minute amendment risks removing student and staff representation in colleges

Today (26 October) UNISON, NUS and UCU warned that a last-minute

amendment to the Education Bill could remove the legal right to staff and

student governors on further education college governing bodies.

The amendment (83A*), which will be debated in the House of Lords today,

was placed just two days before the final report stage of the Education Bill in

the House of Lords. It would remove the legal, mandatory stipulation that

further education governing bodies contained at least two student and two

staff governors.

UNISON, NUS and UCU said that without the statutory obligation of staff and

students on the board of colleges would be less accountable, which is

particularly troublesome as further education faces huge funding challenges

and staff and student input will be vital. They added that a voluntary code

would be ineffective.

Jon Richards, UNISON National Secretary Education and Childrens Services

said:

“I am shocked at the way the government has tried to slip this amendment

under the radar. The motive for doing this seems extremely suspect. It looks

like an undemocratic attempt to remove college democracy.

“This is not a necessary technical change as the government is trying to claim.

They risk giving colleges the chance to remove the eyes and ears of staff and

students from governing bodies.

“We are therefore calling on the government to withdraw the amendments.”

Toni Pearce, NUS Vice President said:

“The long-standing tradition of requiring staff and student membership in

college governance structures as well as parent membership in schools and

sixth form colleges is incredibly important, and to remove it in this way,

without any consultation would be extremely worrying.”

“This change runs entirely counter to the governments expressed support for

the existence of student and staff governors. The suggestion that this is

merely a technical change simply does not hold and it is clear that there is no

legal reason why this cannot continue to be a mandatory requirement.”

“The government must urgently clarify whether or not a legal requirement for

student and staff governors will be maintained. It is only too clear that a

merely voluntary agreement is not good enough as it would allow student and

staff representation to be removed on a whim.”

Sally Hunt, UCU General Secretary said:

“These changes, if voted through, will increase the risk of mismanagement

and corruption at colleges and make institutions less answerable to the

public. Staff and students play a vital role in ensuring transparency and

accountability and in highlighting bad governance when it arises. A voluntary

code, as has been shown in numerous other industries, is simply not good

enough.

“With the sector facing huge funding challenges it seems perverse to be

pushing these changes through. Colleges benefit massively from the input of

the people working at the coalface day in day out and should not just be able

to remove dissenting voices.

ENDS

Amendment 83A*, tabled on Monday 24 October 2011 by Lord Hill of

Oareford, states:

Page 91, line 18, at end insert –

“In section 20 (constitution of further education corporation and conduct of

further education institution), for subsection (2) substitute

(2) Instruments of government and articles of government of further

education corporations in England

(a) must comply with the requirements of Part 2 of Schedule 4, and

(b) subject to that, may make such other provision as may be necessary or

desirable.

For section 22 substitute –

22 Subsequent instruments and articles: England

A further education corporation in England may modify or replace their

instrument of government or articles of government.

Amendment 84ZA*, also tabled on Monday 24 October 2011 by Lord Hill of

Oareford, states:

Page 91, line 42, at end insert

“In section 33I(2) (instrument and articles of government of sixth form college

corporations

(a) in paragraph (a), after requirements of