The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.
It is a condition of funding from the Department for Education (DfE) that every English college it funds must undergo an external review of governance arrangements at least once every three years. Reflecting on the effectiveness of governance is a good thing, but few would argue (probably including DfE) that it should be driven by regulatory compliance.
As is the sector’s way, we looked at how we can get most value out of something which is really about helping each college and therefore the sector as a whole be at its strongest. The environment in which colleges are governed is to some extent outside the control of each institution, but how a college navigates that environment in the best interests of learners is something we can all affect.
The DfE issued guidance in relation to the conduct of reviews, but, desirably, colleges and reviewers are able to make choices about how they go about this exercise. Done well, this flexibility enables reviews to be targeted at helping each Board, working closely with its Governance Professional and Executive Team, to use the review as a developmental and supportive exercise to focus governance, making it sharper and optimising its effectiveness for the college’s individual circumstances.
Stone King is recognised for its work in Further Education and its wider education sector and charity law expertise. Over the first three year cycle, it conducted a large number of reviews across a full range of colleges, of all types and sizes, across all regions. This is relevant to this study because it means that in addition to positive institutional impact there is an opportunity to collaborate over a wide cross section of the sector and to share insights learned from the collective body of work. What is crucial to this collaboration is that, in addition to the inherent integrity of the team of reviewers and the built-in assurance process driven by Stone King as an independent firm of solicitors; a further objective assessment of the impact of reviews is made. That is where University of Sunderland comes in.
As with Stone King, University of Sunderland is fiercely committed to developing knowledge and insight and has a passion for governance in the sector. The University of Sunderland is known for its approach to fostering partnerships and collaborations through working with schools, colleges, employers, and openly hold the ambition to be both professions facing and community focused.
There was an immediate meeting of minds about what we could try to achieve together: the hope was that by collaborating on a ground breaking study we could together support the sector as a whole, as well as individual colleges within, to help enhance governance to be at its best. One of the many appealing features of the sector is its capacity and hunger to develop; Stone King itself learns from its work with colleges every day, and already in relation to governance reviews has been shaping its approach to the second cycle informed by this study.
Over 18 months on from inception of the study, University of Sunderland and Stone King are now pleased to be able to share the outcome of the first phase of this body of work via the full report.
The report opens with a foreword from Sir David Bell KCB DL, Vice Chancellor and Chief Executive of University of Sunderland, which sets into context the central importance of effective governance both within and beyond the sector. We then describe what new knowledge we were trying to create and what the researchers working on the study would focus on. In short, we wanted to know whether:
- reviews bring about measurable and impactful change in practice;
- who the key actors within the review process are and how their roles impact outcomes and potential changes in practice; and
- what insights were gained by reviewers and how these were subsequently enacted within each college’s governance framework.
Through the generosity of those colleges who participated, we think we have some answers – and of course that has led us to be curious to find out more.
Here are some of the big messages coming out of the research:
Governance reviews make a positive difference:
For the first time, because of the longitudinal methods employed, this research was able to clearly demonstrate there are tangible positive changes and impact on governing practices arising from the review process.
Governance Professionals are key actors in the success of reviews:
The multiple data sources all clearly show that Governance Professionals are the key actors within colleges leading to impactful engagement with a successful review.
Processes and structures of Boards:
Reviews were consistently able to offer recommendations for change across multiple dimensions of practice, which subsequently brought about positive and demonstrable impact on Boards.
This is just a selection; there are many more which are explored in detail in the final report together with an explanation of the evidence used to arrive at these conclusions.
There are also a series of recommendations arising out of this study, around:
- genuinely recognising Governance Professionals as change agents;
- allocation of resource for governance;
- giving Boards confidence around the pace of change;
- fostering creativity supported by personal and professional development for key actors; and
- helping the Board to work on the board.
To see the full recommendations, how we got there and what we think should happen next, download your copy of the full report. Over the coming months we will be running events to support the publication of this work, and engaging in conversation with the sector nationally and across the regions. You can also join us in person at a conference in Sunderland on 19 September 2025 where we will be talking about this and more.
We hope you enjoy reading the full report. Please do share any thoughts you have with us and if you would like to be involved in what happens next please contact any of us.
Tom Morrison, Partner and Head of Further Education, Stone King
Prof Gary Husband, Professor of Professional Education, University of Sunderland
Prof Ron Hill, Stone King Consultant