Chapter 1.       Introduction - Download this file

    1    INTRODUCTION
       The purpose of the Guide

 1.         This is the tenth edition of A Guide to the Law for School Governors, and the second to be issued in a CD-ROM format.

2.         All school governors need to know what their legal responsibilities are and how these fit in with the responsibilities of the headteacher, the Local Authority (LA) and the Secretary of State for the Department of Children, Schools and Families (DCSF). This Guide explains what the law says and how it affects governors. It should be read alongside the Law and Guidance sections listed at the end of each chapter, and any information on governance provided by the LA. In this edition, information can be found on:

·                     community schools, including community special schools and maintained nursery schools (MNS);

·                     foundation schools, including foundation special schools and Trust schools;

·                     voluntary aided schools;

·                     voluntary controlled schools.

3.         It must be stressed that this Guide cannot replace the law, and it is not possible to offer a full explanation of the law. If specific problems arise, governing bodies may want to seek advice from their LA, or obtain their own legal advice.

4.         This Guide has been revised to incorporate the changes that were current at 1 September 2007, but it may also refer to regulations which will be introduced at a later date.

5.         At first sight, the range of responsibilities described in the Guide may seem daunting. However, governors do not need to be experts to tackle them. Help and advice is available from various sources in addition to this Guide. The headteacher of your school and officers of the LA can provide professional advice and support, while the clerk to your governing body will also be able to help. Governors can develop their own knowledge through training schemes and other materials available locally and nationally.

Using the Guide

6.         The main text refers to community schools (including community special and maintained nursery schools) and is mostly generic for all other categories. Where paragraphs or information refer only and specifically to other categories of school, they are flagged in the margin as:

·                     VA: voluntary aided

·                     VC: voluntary controlled schools

·                     F: foundation including foundation special schools.

Where the breakdown of information is more complex, the differences will be explained in the text without use of flags.

7.         Throughout the Guide, the term Local Authority (LA) is used instead of Local Education Authority (LEA) to describe the councils listed at Section 12 of the Education Act 1996 which have responsibility for providing education to pupils of school age in their areas (county councils where there is a two-tier system of government, otherwise unitary authorities). Where terms are referred to that are defined in legislation, for example “LEA

governor”, the term Local Education Authority (LEA) is still used.

8.         All references in the Guide to “the headteacher” include the acting headteacher at any time when the school does not have a permanent headteacher, or when an acting headteacher has been appointed in the absence of the headteacher.

9.         At the end of each chapter of the Guide there is a reference section listing where governors’ rights and duties are set out in legislation. Acts and regulations referred to can be ordered from bookshops, accessed on the GovernorNet website at

www.governornet.co.uk, the Office for Public Information website at www.opsi.gov.uk, or the Stationery Office’s publications website at www.tso.co.uk

10.       At the end of the Guide you will find a brief glossary and a list of all written policy statements governing bodies should have.

Obtaining copies of the Guide and other documents

11.       Copies of all the circulars mentioned in the Guide have been sent to your school. It is also possible to obtain copies of these and other DCSF publications from Department for Children, Schools and Families Publications, PO Box 5050, Sherwood Park, Annesley Nottingham, NG16 0DJ (tel: 0845 602 2260, fax: 0845 603 3360, minicom: 0845 605 5560 or email dcsf@prolog.uk.com). All Departmental publications are free unless a price is shown.

12.       As changes are frequently introduced and it is important that governors have current guidance, we will issue a new CD-ROM version of the Guide twice yearly. We will also maintain an up-to-date Guide on the GovernorNet website (www.governornet.co.uk).

13.       The DCSF believes that each member of a governing body needs to have his or her own copy of the Guide. Please contact our Publications Centre (see paragraph 11 above) to order extra copies. The Guide is also available at www.governornet.co.uk

Other resources for governors

14.       Up-to-date information on all aspects of school governance is available on
GovernorNet – the DCSF dedicated website for governors. It includes numerous
sources of reference, legislation and a discussion board where governors can
share information and experiences. GovernorNet can be accessed at www.governornet.co.uk. Free professional and confidential advice and assistance
is also provided by GovernorLine at www.governorline.info (tel: 08000 722 181).

For more information and details of other organisations offering training, support
and guidance to governors, see the entry at the end of chapter 4.

15.       Other useful websites include TeacherNet (www.teachernet.co.uk) and the DCSF website (www.dcsf.gov.uk). It is not possible to list every website on which governors can access information. However, many of the DCSF policy teams have websites that are currently being merged with GovernorNet and TeacherNet to form a single, all-encompassing new website.

16.       When TeacherNet and GovernorNet are merged into this new site, users will be automatically redirected to it for some time. In the meantime, if more information on DCSF policy is required, the various websites can be accessed via the “A to Z” search facility on the DCSF website (www.dcsf.gov.uk).