Freedom of Information Request FOI-430 – Governance Issues in Lanarkshire Region - Follow-up

The request was refused by New College Lanarkshire.

Dear New College Lanarkshire,

Thank you for your response to the above FOI. I now write under the terms of the Freedom of Information (Scotland) Act 2002 and request the following information:

1. Your response to the above FOI stated that the NCL concerns about SLC were alerted to the SLC Principal at a NCL Board meeting on 4 October 2021. Was this the first and only occasion that the NCL Chief Officer engaged with the SLC Principal on the important matter of significant governance failings at SLC? The Financial Memorandum states:

'Where The Lanarkshire Board has concerns or insufficient information to provide the assurance required, it will, in the first instance, seek to resolve matters with the Principal of SLC and will allow a period which is reasonable in the circumstances for the matter to be resolved. Where this has not proved possible, or in the case of significant concerns, the Chair of The Lanarkshire Board will inform the Chair of South Lanarkshire College and SLC’s Principal in writing – and without delay – and will specify what action is required to address these concerns.'

Please provide any documentary evidence which supports the attempts made by the Chief Officer to ‘seek to resolve matters with the Principal of SLC’ and to operate in line with the injunctions noted in the Financial Memorandum. Please provide clarification on any rationale for this not taking place if if there was no attempt made to engage with the SLC Principal and provide any documentary evidence which supports this.

2. You advise that the Financial Memorandum is the governing document on the grant allocation and that the final financial allocations each year are agreed through a series of meetings and negotiations between the RSB and the assigned college. The Financial memorandum states:

“The Lanarkshire Board will allocate and pay grant to SLC in accordance with its published policies and procedures.”

3. Please provide a copy of these published policies and procedures or explain why they do not exist and when they were removed. Please provide all available documentary evidence to support your position.

4. The Financial Memorandum also states that ‘The Lanarkshire Board requires the SLC Board to comply with the principles of good governance set out in the Code of Good Governance for Scotland’s Colleges’. When did the Lanarkshire Board recognise that the SLC Board was failing to comply with the principles of good governance set out in the Code of Good Governance and what actions did it take at the time to effect improvement? Please provide all supporting documentary evidence.

5. The Financial Memorandum also states that ‘Prior SFC approval, through The Lanarkshire Board, must always be obtained before incurring expenditure for any purpose that is, or might be considered, novel, contentious or repercussive or which has or could have significant future cost implications.’

Was prior SFC approval obtained, via the Lanarkshire Board, for the significant funds being spent on current investigations – over £200k and climbing? If so, please provide copies of all relevant documentation relating to this.

6. Is the Lanarkshire Board aware of other complaints having been made to other bodies (such as Audit Scotland or the Ethical Standards Commissioner) in relation to governance concerns at South Lanarkshire College? If so, what are these and how are they being investigated? What role does the Lanarkshire Board play in these investigations as the Regional body?

Please provide all available documentary evidence and confirm in writing that you have received my FOI request.

Yours faithfully,

Brian Sorrell

foi, New College Lanarkshire

1 Attachment

Dear Brian,

 

Re: Freedom of Information FOI-447– Governance Issues in Lanarkshire
Region - Follow-up

 

Thank you for your email which was received by New College
Lanarkshire on 27^th May 2022.

 

Your request is subject to the terms of the Freedom of Information
(Scotland) Act 2002 (“FOISA”).  The College acknowledges receipt of your
request and confirms that it will respond to you under the terms of FOISA
and within the statutory timescale of 20 working days. 

 

We will contact you if we require any clarification to progress. 

 

Yours sincerely, 

Freedom of Information Office

 

 

[1]cid:5cc57d9e-b8a5-4ba2-a83e-7384c534157a       Freedom of Information 
   New College Lanarkshire   
    

e: [2][New College Lanarkshire request email]  
   t: 0300 555 8080 
   w: [3]www.nclanarkshire.ac.uk   

 

show quoted sections

foi, New College Lanarkshire

2 Attachments

Dear Brian,

 

Re: Freedom of Information FOI-447 – Governance Issues in Lanarkshire
Region

 

Please find attached a letter from New College Lanarkshire in relation to
your recent request.

 

Yours sincerely

 

Freedom of Information Office

 

 

[1]cid:5cc57d9e-b8a5-4ba2-a83e-7384c534157a       Freedom of Information 
   New College Lanarkshire   
    

e: [2][New College Lanarkshire request email]  
   t: 0300 555 8080 
   w: [3]www.nclanarkshire.ac.uk   

 

 

show quoted sections