June 2010

last updated:August 2010

Meeting of Executive Committee, 9 June 2010

Implications of Announcement of Secretary of State of his intention to introduce primary legislation to abolish the General Teaching Council for England
In introduction the Chief Executive informed the Executive Committee of events surrounding the Secretary of State’s announcement to abolish the GTCE for which no prior warning had been given before the morning of the announcement.  He reported the intention to bring forward proposals in a Bill in the autumn which could be via an Education or a Cabinet Office sponsored Public Bodies Reform Bill.  It was anticipated that Royal Assent would follow sometime in spring 2011.  The Chief Executive then referred to the Secretary of State’s letter to the Chair of Council and the immediate implication being that this could be a lengthy process.  He outlined to the Committee the key messages being relayed to staff by the Leadership Team (LT). 

The Chief Executive informed Members of the outcome of the first meeting with the DfE Officials held on 7 June to discuss implications of the announcement and the agreement to establish a joint board to meet regularly to develop ‘a detailed transition plan’ which ensured that essential business is maintained and all the legal technicalities examined. The Committee noted that the DfE Officials were meeting with Ministers within the next month to understand better what policy intentions lay behind the announcement. 

The Chief Executive offered his thoughts as to where he believed the announcement derived from, informed the Committee of responses from a growing list of organisations sending messages of support/concern and the actions being taken by the Leadership Team to manage the process both internally and externally.  LT and the Senior Management Team had put several business continuity plans and arrangements in place including invoking business continuity ‘gold and silver’ command structures, a  review of all projects and contracts and taking appropriate decisions, working closely with Chairs of Committees and Lead Members.

Each Director of Service was then invited to contribute thinking from their individual service area.

Corporate Services
The Director of Corporate Services concentrated on issues relating to internal communications, staffing and trade unions, technology and relationships with the internal and external auditors.  The Interim Head of Finance Paul Hellmuth gave the Committee a brief overview of the Council’s cash flow position and that £5.4m fees were still to be collected.  The Director reported that there had been early discussions with the staff trade unions on various matters.  The Director explained the position regarding the various liabilities/assets and that counsel’s advice had been sort regarding intellectual property rights.  The Committee noted that the Director was currently negotiating a one year contract for ICT managed services in place of the 5 year contract which had been negotiated but not signed, and that in respect of the internal audit contract she would shortly be seeking authority from the Chair of the Audit Committee to the extension of the current contract by one year.

Policy
The Director of Policy highlighted the process for defining the priorities for the portfolio of work to be carried out by the Policy Team and also work towards a legacy.  The Committee noted that the current research projects would be completed but the Council would not go out to tender for further pieces of work.  She updated Members on developments with the Teacher Learning Academy in that there would be a further report to the meeting on 16 June and that the Microsite contract had not been signed.  The Committee’s attention was drawn to the issue of section 2 advice and the need to consider how this will now be offered and the question of Committee responsibility.

Registration and Regulation
The Registrar summarised the risks and priorities for his Directorate and highlighted the need for robust support from the DfE as the ministerial view on Registration and Regulation matters going forward was not yet known.  He highlighted the importance of Departmental Officials properly understanding the consequences of the Secretary of State’s recent announcement in terms of the Registration and Regulation functions and difficulties presented by the current policy vacuum.

Communications
The Director of Communications referred to the recent media reporting (copies of which were circulated to Executive Committee Members) and that the Leadership Team had taken early decisions not to send out the summer 2010 magazine and to halt brand development work but were continuing with the Advocacy programme scheduled for the summer term which had been well received by providers; future GTCE publications were being reviewed.

In response to a Member question the Chief Executive provided clarification in terms of the any plans involving Members to campaign on behalf of the organisation.

The Chair of Council thanked Directors for their presentations.

The Committee had a detailed debate on a number of matters arising from presentations.  The Committee considered various options for Council Members to muster support for the organisation, and the importance of communication with all Council Members but with greater clarity as to the GTC’s role in professionally informed regulation.  In response the Chair of Council stated that she had written to Members and the Additional Committee Members.

The Executive Committee believed it had an important role in advocating the existence of a self regulating professional body, whether this be in a different form with different funding arrangements.  The Committee considered it crucial that a carefully worded response should be sent to the Secretary of State’s letter asking for clarification on a variety of issues.  Members questioned whether the outcome of the Adam Walker case had been a significant factor and the Chief Executive reported the DfE view that it was ‘a factor but not the driver’.  He added however that the Leadership Team were shortly to consider a paper regarding the Council’s position on issues arising from regulatory outcomes in the context of the Maurice Smith review.  The Committee discussed the importance of nominated Council Members consulting their nominating organisation to seek their views and support.

The Committee discussed the immediate strategy in terms of a response to the Secretary of State’s letter and they believed that this should be in the form of asking questions around safeguarding the standing of the teacher profession, providing independent advice to the Secretary of State and a determination to work in the public interest.  The Committee agreed that the interdependency between the GTCE functions needed to be clearly demonstrated and the risks of losing these functions clearly set out.  The Director of Communications informed Members of a press release that would be sent to the Times Educational Supplement to inform an article on Friday 11 June that would incorporate the views expressed by the Committee at this meeting.

In conclusion the Committee came to a view on the next steps (which are set out in the action/outcomes below) and its wish to engage with the Secretary of State/DfE Officials, and their aim to seek clarification on the principles for teacher professionals involvement in their own regulation, the public interest, the value of a robust register, and reference to the important role of Parliament in making its decision in the autumn. The Committee expressed their concerns for staff in an extended period of uncertainty and their appreciation of the value of the functions and services which staff have and continue to give.

At the conclusion of the discussion the following actions/ outcomes were agreed:

1. Arising from the presentation by Directors on Risks and Priorities following the Secretary of State announcement, Committee noted a number of decisions taken or to be taken  by the Chief Executive/Directors under delegated authority following the Secretary of State’s announcement, including the managed ICT services contract, cessation of the Re-procurement of the Internal Audit service, summer term magazine.
2. The Committee gave a clear steer to the Director of Communications to inform a  press release for Friday’s edition of the Times Educational Supplement to reflect the Committee’s discussions on the implications of the Secretary of State’s proposal to seek the abolition of the GTCE. This would cover determination to work in the public interest, safeguarding the standing of the teaching profession, the value of the Council’s functions and key principles and risks identified by the Committee.
3. The Committee gave a clear steer to a response by the Chair of Council to the letter received from the Secretary of State on 7th June in terms of approach, content and tactical considerations. Committee agreed not to request a meeting with the Secretary of State at this stage.
4. The Chair of Council to write to all Members of the Council informing them of the discussion at the Executive Committee meeting attaching  a copy of the Secretary of State’s letter. This is to be followed by a separate letter from the Chief Executive with further details on issues involved in continuing to discharge the GTC’s functions pending passage of the legislation, timescales and plans for July Council. A copy of the letter from the Chair of Council in response to the Secretary of State will also be sent to Members.
5. The Council meeting on 6th July will go ahead, the format of any discussion on the future of the GTCE and whether this is in public / private session will be decided at the Executive Committee meeting on 16th June. The dinner the night before Council on 5th July will go ahead as planned with an opportunity for Members to discuss the implication of the Secretary of State’s announcement in private. A final decision on this to be made on 16th June.
6. Committee noted as a result of identifying decision making and governance principles that inform the separation of the decision making of officers and Members  going forward  that there may be a need to modify the scheme of delegation in terms of the need to take decisions between meetings  relating to ‘ business as usual’ ,major projects,  plus any a move to transitional arrangements  The Chief Executive undertook to consult the relevant Committee Chair / Lead Member and Chair / Vice Chair of Council where appropriate.
7. Draft Committee 2010/11 calendar to be presented to July Council with proviso that it could be subject to changes as a result of impact of decision (6) above.
8. The Director of Policy and the Chair of the Policy and Research Committee to agree a new date for the postponed June PRC meeting.
9. The Committee discussed the agenda for 16 June meeting and they agreed to continue to meet  after the closure of the formal meeting to discuss and rehearse routes and messages for the future advocacy  as regards the Secretary of State announcement. In advance of that meeting the Directors of Communications / Policy are to provide some brief preparatory materials on GTCE activity to guide them.
10. The issue of when and how to offer Section 2 advice to the Secretary of State to be the subject of further clarification and incorporated into the Scheme of Delegation.  An issue for consideration is which Committee should hold oversight on all formal S2 advice.
11. The Revised Internal Audit Report on the Executive Committee to be circulated to Executive Committee Members after it has been dispatched to the Audit Committee.
12. Committee confirmed its full support to the Leadership Team for their management of this process.