South Lanarkshire College and Scottish Funding Council: FOI release

Information requested

Noting previous Scottish Funding Council (SFC) and Scottish Government Media Statements and FOI responses –

1. SFC Statement to Media 07/02/21 'Two further independent external investigations on governance matters are currently underway, overseen by a refreshed Board' (Herald 07/02/22)

2. Education secretary Shirley-Anne Somerville 17/03/22 'The Scottish Funding Council (SFC) is responsible for investigating any potential issues around college governance' (Record, 17/03/22)

3. in response to a FOI request (FOISA 23/03/22) requesting information on their role in the South Lanarkshire College (SLC) crisis, the SFC statement: 'SFC does not have a direct role in relation to complaints handling in Scotland’s colleges'

4. Scottish Government FOI Response 17/06/22 'In addition to this, the current independent investigation underway at South Lanarkshire on HR matters is within the locus of responsibility for the college, supported by the Regional Strategic Body' (FOI response, 202200300901, 170622)

5. The SFC statement 'The suspensions of the principal and interim clerk to the board, and the stepping aside of the chair, are related to HR matters and complaint handling processes… Independent investigations into current HR matters are ongoing' (Herald 21/06/21).

6. FOISA698 21/06/21 (there are currently investigations at South Lanarkshire College that are materially connected to the report commissioned by SFC)

7. SLC BOM Minutes Meeting 04/10/22 '6. PROFESSIONAL FEES UPDATE “…the Chair of FRC formally issued the report to the Board Chair was FRC’s request that the paper was issued to Karen Watt at SFC”'

8. 'The Scottish Government is aware of the situation at South Lanarkshire College, and the Scottish Funding Council is providing assurance to the Scottish Government that due process is being followed.' FOI 202200286350 06/04/22

– the following information is requested: if the independent investigations currently being undertaken by SLC – that have resulted in the nearly 12 months of suspension (so far) of two senior figures and the removal of the chair – are related to 'HR Matters and Complaints Handling', and if the SFC has no direct locus in relation to HR Matters or Complaints Handling in Scottish Colleges and 'the current independent investigation underway at South Lanarkshire on HR matters is within the locus of responsibility for the college, supported by the Regional Strategic Body' (FOI response, 202200300901, 170622);

1. Why then was the SFC CEO directly involved in the instigation of the investigations in HR Matters and Complaints Handling Processes? (as evidenced by her attendance at the SLC EBM on the 30th Nov 2021)

2. Why are 'HR Matters and Complaints Handling Processes' that are within the locus of responsibility of the College and RSB 'materially connected' (FOISA698) to the SFC Report – if the SFC has no locus in either? And why is the SFC’s intervention and the significant public funding being approved and supported by the Scottish Government?

3. If the SFC report is about governance failings (as reported in the Audit Scotland Section 22 report), why are these HR matters related to it?

4. If the SLC investigations are related to HR matters, why did the SFC ‘strongly’ recommend and approve the instruction of a new legal partner for SLC (in a region with 8 existing legal partners) and a new governance advisor/commissioning manager - ex-SFC employee – in a region with 2 existing experienced Clerks? (NCL FOI417 07/04/22) at significant cost to the College which is now reporting a strategic risk to their sustainable financing? (SLC Strategic Risk Register, published 4th October, 2022).

5. What locus does the SFC have in the operational matters of a college which permits it to make ‘strong recommendations’ about staff appointments and the provision of professional services and what action has the SG taken to ensure compliance with its legislative powers?

6. Why has the Scottish Government endorsed an intervention from the SFC in the employment matters of a college that has clearly resulted in a significant cost to the public and huge reputational damage to the College?

7. Why, if the matters under investigation are HR Matters, within the locus of responsibility of the College itself and/or the RSB, is the SFC CEO personally monitoring the associated professional services costs of the investigations (Chair Report Finance & Resources Committee Meeting Held on 22nd August 2022, SLC BOM Papers 4th October 2022).

8. Why does the Scottish Government remain ‘assured’ nearly 12 months into an investigation related to 'HR Matters and Complaints Handling' that will have cost the public in the region of £1 million to date?

9. 'To allow due process to take place, the Board of SLC suspended the Principal and the interim Board Clerk, without prejudice, on 30 November 2021.' (FOI 202200291168, 27/04/22). Does the SG still maintain the position that suspensions for nearly 12 months (so far), and an investigation into HR matters, that last for nearly 12 months, at enormous public expense – is a) without prejudice and b) an appropriate application of scarce public funds?

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. The reasons why we don’t have the information are explained below.

Question 1

The Scottish Government does not have the information you have asked for because it is not responsible for the subject. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

You may however wish to contact the Scottish Funding Council at enquiries@sfc.ac.uk who may be able to help you further.

Question 2

The Scottish Government does not have some of the information you have asked for because it is not responsible for the subject. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

You may however wish to contact South Lanarkshire College at foi.office@slc.ac.uk who may be able to help you further.

In response to the second part of your question, the investigations must be allowed to conclude in a fair and transparent manner. The SFC continues to provide assurance that due process is being followed.

Question 3

The Scottish Government does not have the information you have asked for because it is not responsible for the subject. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

You may however wish to contact the Scottish Funding Council at enquiries@sfc.ac.uk who may be able to help you further.

Question 4

The Scottish Government does not have the information you have asked for because it is not responsible for the subject. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Question 5

The Scottish Funding Council, as the body with responsibility for investigating governance issues, continues to monitor the situation and provide updates to the Scottish Government. There is no role for the Scottish Government in HR matters at any institution.

Question 6

The Scottish Government has no role in this investigation. As the body with responsibility for investigating governance issues, the Scottish Funding Council will continue to monitor the situation and provide updates to the Scottish Government.

Question 7

The Scottish Government does not have the information you have asked for because it is not responsible for the subject. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Question 8

While the Scottish Government has no role to play in such matters, it is important that due process is followed. The investigations must be allowed to conclude in a fair and transparent manner. The SFC continues to provide assurance that due process is being followed.

Question 9

Yes. The investigations must be allowed to conclude in a fair and transparent manner. The SFC continues to provide assurance that due process is being followed.

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