Roles, responsibilities and relationships

Scottish Ministers 

Scottish Ministers set the strategic objectives for the education system in Scotland and are  responsible for setting the policy and resources framework within which the Council operates  and, ultimately, are accountable to the Parliament for its functions and performance.   Ministers will not, however, intervene in the day-to-day management of the Council.  Ministerial responsibilities include: 

  • holding both Education Scotland’s Chief Executive, as the Accountable Officer for the Council, and the appointed Chair of the Council (see paragraph 14 for information about the Chair) to account for the performance of the Council
  • liaising with the Chair and Education Scotland about the Council’s development
  • setting the budget for Education Scotland, which incorporates the budget for the Council
  • agreeing the Council’s strategic objectives and related performance targets
  • receiving the annual report and audited financial accounts for Education Scotland from the Chief Executive; which includes information about Council spend
  • approving this Framework Document and any revisions to it

Education Scotland Chief Executive, as Accountable Officer

The Education Scotland Chief Executive, as Accountable Officer, exercises an oversight role towards the Council.  The Chief Executive provides support and constructive challenge to the Chair at a strategic level, working together to ensure that the Council is performing in a manner that delivers good governance standards and appropriate accountability.   The Chief Executive is also a key source of external advice for Ministers on the strategic role and direction of role of the Council in the context of the Government’s overall policy objectives.   Working with the Chair, the  responsibilities of the Chief Executive include:  

  • supporting Ministers in the discharge of their duties towards the Council, including advising on the Council’s strategic objectives and related performance targets and outcomes; and setting an appropriate budget, in discussion with the Council
  • advising Ministers in relation to the Council’s performance
  • supporting the relationship between the Chair and Ministers
  • collaborating with the Council to ensure that the Council’s objectives and performance contribute to and are aligned to the Government’s Purpose and National Outcomes, while respecting the independent nature of the Council’s role
  • working together with the Council to ensure there is a clear framework for strategic performance improvement and management of the Council’s work; providing support and constructive challenge to ensure that the Council is high performing and continuously improving; and ensuring that operational accountability is being exercised properly
  • monitoring the financial, performance, operational effectiveness and risk arrangement arrangements of the Council, seeking clarification on any matter as and when required
  • approving matters not set out in this Framework Document, including specific requests from the Director of the Council for approval of spending which exceeds authority levels;
  • promoting collaboration, communication and organisational alignment between Education Scotland and the Council, where appropriate, e.g. by holding regular meetings with the Chair; ensuring the Director is aware of SG-wide strategic developments and corporate decisions impacting on the Council; and ensuring that the position of the Council is taken into account in relevant SG policy decisions
  • representing the interests of the Council within the wider SG, ensuring the SG has due regard for the advice provided by the Council and where necessary, ensuring that appropriate SG-wide corporate services are available to support and facilitate the work of the Council
  • along with the Chair and the Director of the Council, ensuring that an appropriate Framework Document is in place and maintained.

The Chief Executive is also responsible for the appointment and performance appraisal of the 
Chair.  Information about the appointment process is provided in Annex A.  

Chair of the Council 

The key role for the Chair is to provide strategic direction for the Council as the recognised body in articulating the professional learning and development need of the CLD sector in Scotland, representing and promoting the Council effectively within the sector and to partners and policy makers at senior and strategic levels across Scotland.  Specific responsibilities are: 

  • establish and articulate a clear, well evidenced strategic direction for the council
  • lead all the committees of the Council in monitoring and reviewing the delivery, quality and impact of the Council’s work programme and achievements
  • promote the highest standards of governance, propriety and conduct in Council business and ensure the Council acts in accordance with the Civil Service Code, the Code of Ethics of CLD and its role and responsibilities as defined within this Framework Document
  • liaise and build relationships with Education Scotland, Scottish Government officials and other key stakeholders as required in the context of Council business; ensuring that the Council’s policies and actions support Scottish Ministers’ wider CLD strategic priorities and outcomes
  • promote positive organisational behaviours which reflect the changing world of work (fair work, diversity, equality) across CLD partners and within the Council
  • report annually to the profession and Education Scotland on the impact of the work of the 
    Council
  • the Chair may also contribute to the annual review of the performance of, and the setting of objectives for the Director of the Council . 

The Chair works in partnership with the Director of the Council and reports to the Chief Executive of Education Scotland and Scottish Ministers.

Director of the Council  

The Director of the Council is a Scottish Government employee responsible for informing the strategic and operational delivery of the Council’s strategic objectives.  The Director is responsible for ensuring that the Council’s aims and objectives are met and the Council’s functions are delivered and targets met through effective and properly controlled executive action.  The general responsibilities of the Director include the performance, management and staffing of the Council.  Specific responsibilities include:

  • supporting the Council to develop its strategic priorities and objectives
  • monitoring and reporting routinely progress against the s strategic priorities to the Council
  • advising the Council on the development and delivery of all aspects of the Council’s responsibilities
  • ensuring the propriety and regularity of the Council’s finances and that there are sound and effective arrangements for internal control and risk management
  • managing the Council’s budget and ensuring that the resources of the Council are used economically, efficiently and effectively, and that arrangements are in place to secure Best Value and deliver Value for Money
  • implementing the Council’s business advising the Chair, the Executive Committee and Education Scotland on the performance of the Council compared with its objectives;
  • developing and maintaining effective relationships with Education Scotland officials and other key stakeholders
  • ensuring that timely forecasts and monitoring information on performance and finance are provided to Education Scotland; notifying Education Scotland promptly if over or under spends are likely and ensuring that corrective action is taken; and that any significant problems whether financial or otherwise, and whether detected by internal audit or by other means, are notified to Education Scotland in a timely fashion. 

The Director of the Council, as an SG employee, reports directly via the line management structure of Education Scotland.  

Education Scotland Strategic Director  

The Strategic Director for Professional Learning and Leadership has delegated responsibility for overseeing and ensuring effective relationships between Education Scotland and the Council which support alignment of the Council’s business to the SG’s Purpose and National Outcomes.  The Strategic Director will line manage the Director of the Council and in doing so, will seek the views and input of the Chair of the Council.

While Education Scotland is the host organisation for the Council, the Council will remain responsible and accountable for its own programme of work, the management of its budget and its governance arrangements. 

The Chair of the Council is responsible, and accountable, for seeking the assurances needed from the Council on risk management, governance and internal control.

Education Scotland’s Chief Executive is the Accountable Officer and has charged Education Scotland’s independent Audit and Risk Committee (ARC) with gathering the assurance the Chief Executive needs on risk management, governance and internal control.  The Director of the Council may therefore be invited to attend ARC if business of the Council is on the agenda. 

Finance for the Council is administered as part of the Education Scotland’s overall budget.  In  partnership with Education Scotland, the Council will prepare budget requirements for consideration and approval as part of the wider ES budget planning process.  The Council will monitor and manage the approved budget, adopting processes that comply with the Education Scotland financial procedures for control and audit. 

The Council’s assets are held within the assets of Education Scotland and as such are owned by the Scottish Government. 

All intellectual property generated by the Council is owned by the Scottish Government.