Chapter 3. Governing body powers, duties and procedures -
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3
GOVERNING
BODY
POWERS,
DUTIES
AND
PROCEDURES
CHAPTER SUMMARY
This chapter
gives a brief overview of some of the powers and duties
governing bodies have been given by Parliament. Some duties and
powers are dealt with in more detail in later chapters. The
chapter also explains the procedures for holding governing body
meetings and establishing committees.
STATUS
OF
THE
GOVERNING
BODY
1.
The governing bodies of community, community special and
maintained nursery schools are corporate bodies. A corporate
body has a legal identity separate from that of its members.
2. The
governing bodies of foundation, foundation special, voluntary
controlled and
voluntary aided
schools are corporate bodies with exempt charitable status (but
note that once
Section 9 of the Charities
Act 2006 comes into force they will be
excepted
charities, which means that they will be subject to a degree of
regulation
by the Charities
Commission, and will have to register if they are above the
financial
threshold).
3. As a
corporate body, the governing body may have a seal to validate
documents, such as deeds. Legal stationers can give advice on
the type and cost of a seal. When the seal is used, the chair
and another governor who has been duly authorised by the
governing body should also sign the document to validate the
seal.
4.
Governing bodies are corporate bodies and, because of this,
individual governors are generally protected from personal
liability as a result of the governing body’s decisions and
actions. Provided they act honestly, reasonably and in good
faith, any liability will fall on the governing body even if it
has exceeded its powers, rather than on individual members.
5. Individual governors have no power or right to act on
behalf of the governing body, except where the whole governing
body has delegated a specific function to that individual, or
where regulations specify that a function is to be exercised in
a particular way. The governing body is legally liable for all
actions taken in its name by individuals or committees to which
it has delegated functions. The governing body should therefore
ensure that decisions to delegate specific responsibilities are
properly minuted and recorded. The Decision Planner available on
GovernorNet
may be useful in deciding where functions can be delegated.
6. The
governing bodies of foundation, voluntary aided and voluntary
controlled
schools
automatically have charitable status (see paragraph 2, above).
Governing
bodies may
wish to contact the Charities Commission to find out how
charitable
status can
help them make the most effective use of gifts and other support
from
the business
community, parents and others.
POWERS AND
DUTIES
OF
THE
GOVERNING
BODY
7.
Parliament has given a range of duties and powers to governing
bodies under the Education Acts. Later chapters of this Guide
explain governing bodies’ powers and duties in more detail, but
at maintained schools, the governing body has general
responsibility for the conduct of the school with a view to
promoting high standards of educational achievement
(Section
21, Education Act 2002).
8.
Governors should act at all times with honesty and integrity and
be ready to explain their actions and decisions to staff,
pupils, parents and anyone with a legitimate interest in the
school.
GOING INTO SCHOOL
9.
Individual governors do not have an automatic right to enter the
school whenever they wish. However, they need to be able to
visit from time to time in order to develop their understanding
of the school. These visits enable them to fulfil their
statutory responsibility for the conduct of the school.
Governors should arrange their visits with the headteacher, who
has responsibility for the daytoday management of the school.
10.
It is often useful to draw up a policy on governors’ visits to
cover matters such as giving notice and holding feedback
sessions. The governing body should plan visits to cover a wide
range of school work and each visit should have a clear purpose.
Visits by governors can be useful and informative. They do not
replace professional inspection or the monitoring and evaluation
carried out by the headteacher.
DEALING WITH
COMPLAINTS
11.
Section 29 of the Education
Act 2002
requires all governing bodies to have a procedure to deal with
complaints relating to aspects of the school, and to any
community facilities or services that the school provides. The
law also requires that the procedure must be publicised.
12.
Local Authorities (LAs) are required to set up a procedure for
dealing with certain types of complaints, for example,
complaints about the curriculum or collective worship in a
school. The governing bodies’ complaints procedure will not
replace the arrangements made for those types of complaint. In
addition, there are certain complaints that fall outside the
remit of the governing bodies’ complaints procedure, for
example, staff grievances or disciplinary procedures. Separate
procedures should be in place to deal with these cases (see
chapter 10 of this Guide on Staffing).
13. The governing body should make efforts to ensure that
anyone who wishes to make a complaint is given fair treatment
and a chance to state their case either in person or in writing.
It is recommended that decisions taken, and the reasons why,
should be given in writing, and the person complaining should be
given details of his or her rights of appeal at that time. It is
advisable that timescales are set for dealing with complaints so
that the process does not take too long. Governing bodies can
get advice on how to deal with complaints from the LA. A
toolkit document
containing key messages to help schools to draw up a complaints
procedure or modify an existing procedure is also available on
GovernorNet.
14. A complaint may be made to the Secretary of State for
Children, Schools and Families if a person believes that a
governing body or LA is acting “unreasonably,” or is failing to
carry out its statutory duties properly
(Sections
496 and 497 Education Act 1996).
However, intervention can only occur if the governing body or
the LA has failed to carry out a legal duty or has acted
unreasonably in the performance of a duty. Intervention would
have to be expedient in the sense that there would have to be
something that the Secretary of State for Children, Schools and
Families could instruct either party to do to put matters right.
The Secretary of State must be satisfied that a decision is
unreasonable in the sense that no reasonable authority or
governing body, acting with due regard to its statutory
responsibilities, would have reached that decision.
EQUALITY DUTIES
15.
The governing body has responsibility for making sure that the
school complies with the Equality duties set out in the
Race Relations Act 1976 (as
amended by the Race Relations Act 2000),
the
Disability Discrimination
Act 1995 (as amended by the
Disability Discrimination
Act 2005) and the
Sex Discrimination Act 1975
(as amended by the
Equality Act 2006).
The general duty on schools is to have due regard to the need to
eliminate unlawful discrimination and to promote equality of
opportunity in the area of race, disability and gender. Specific
duties require schools to implement specific equality schemes in
those areas.
16. Governors may find it helpful to ask a senior member
of staff to prepare a draft scheme for consideration, involving
people inside and outside the school. A senior member of staff
or a governor should also be responsible overall for ensuring
schemes are implemented and monitored. This would include, for
example, monitoring reports of racist incidents and the action
taken. (See chapter 17 of this Guide on Equal Opportunities and
School Governors, paragraphs 1–34 for a full description of the
general and specific duties of governing bodies under the race,
disability and gender legislation.)
RELATIONSHIP WITH THE
HEADTEACHER
17.
In a well-managed school, the headteacher and governing body
work in close partnership. The respective roles and
responsibilities of governing bodies and headteachers are set
out in the
Education (School
Government) (Terms of Reference) (England) Regulations 2000.
18. The governing body must exercise its functions with a
view to fulfilling a largely strategic role in the running of
the school. It should establish the strategic framework by:
·
setting aims and
objectives for the school;
·
adopting
policies for achieving those aims and objectives;
·
setting targets
for achieving those aims and objectives.
19. The
governing body should monitor and evaluate progress of its
strategy and regularly review the framework for the school in
the light of that progress. When establishing the strategic
framework and reviewing progress, the governing body should
consider any advice given by the headteacher and the School
Improvement Partner (SIP). The school improvement plan will
generally provide the main mechanism for the strategic planning
process.
20. The
headteacher has responsibility for the internal organisation,
management and control of the school and for implementation of
the strategic framework established by the governing body.
Governors are not expected to be involved in the detail of the
day-to-day management of the school.
21. A good headteacher will discuss all the main aspects
of school life with the governing body and will expect the
governing body to both challenge and support the school. Acting
as a “critical friend”, the governing body should offer support
and constructive advice, but governors should not be deterred
from questioning proposals and seeking further information to
enable them to make sound decisions. The headteacher should give
the governing body enough information to enable it to feel
confident that both it and the headteacher are fulfilling their
statutory responsibilities.
22. A good governing body will delegate enough powers to
allow the headteacher to perform his or her management duties as
effectively as possible. The headteacher must report to the
governing body regularly on how those delegated powers have been
exercised and the governing body should keep the delegation
under regular review. The headteacher is also accountable to the
governing body – both for the functions performed as part of the
headteacher’s normal role, and for powers delegated by the
governing body. Useful advice on the subject can be found in the
guidance:
Roles of Governing Bodies
and Headteachers. The conditions of employment
for headteachers are set out in the School
Teachers’
Pay
and
Conditions
Document,
which is updated each year. This document has legal force.
Please also see chapter 10 of this Guide on Staffing.
23. To
assist the governing body in carrying out its functions, the
headteacher has a duty to provide the governing body with such
reports in connection with the exercise of his or her functions,
as the governing body requires.
RELATIONSHIP WITH THE
LA
24.
The governing body is responsible for raising standards through
its three key roles of setting strategic direction, ensuring
accountability, and monitoring and evaluating school
performance. The LA should support the school’s efforts to
achieve continuous improvement. The relationship between schools
and LAs is based upon intervention in inverse proportion to
success, and maximum delegation of funding and responsibility to
schools. These principles enable schools to operate largely
autonomously. However, the governing body is accountable to the
LA for the way the school is run.
25. Where a school is causing concern, or a governing body
is acting in a way that is detrimental to the performance of
pupils at the school, the LA must inform the governing body and
the headteacher of this. The LA should also inform other
stakeholders, for example, the diocese, the foundation or the
Learning and Skills Council (LSC) of its concerns and offer
appropriate support to the school. Where necessary, the LA can
use its powers to intervene to ensure a school can raise
standards. For schools causing concern there is statutory
guidance to follow:
Statutory Schools Causing
Concern Guidance, 2007.
TARGET- SETTING
(N.B.
Paragraphs
26
to
31
do
not
apply
to
maintained
nursery
schools.)
26. Governing bodies are required to set targets for their
pupils’ performance in Key Stage 2 and 3 national curriculum
tests, and in public examinations for the year after pupils
reach 15, and submit them to the LA. At some special schools, no
children will be expected to meet these levels. Since December
2001, schools that set “zero” targets have been required to set
measurable performance targets at the relevant Key Stages using
P scales or other performance criteria, where appropriate. The
following section gives advice on the duties of governing
bodies. More detailed advice can be found in the Department for
Children, Schools and Families’ (DCSF’s)
Guidance for Local
Authorities on setting education performance targets: LA
Statutory Targets for Key Stages 2, 3, 4, Early Years’ Outcomes,
Children in Care, Black and Minority Ethnic Groups, Attendance.
Duty to set
targets
27. From
2008–9 onwards, there will be a dual focus on pupils reaching
the target levels expected for their age in both English and
mathematics, and, at the same time, on improving rates of
progress.
The Education (School
Performance Targets) (England) Regulations 2004 have
been amended to reflect the new target-setting requirements from
12 November 2007. This is to help tackle uneven performance and
narrow gaps in achievement, particularly between the most
challenged and vulnerable groups and their peers.
28. Governing
bodies should be involved at an early stage so that they can
help set targets and discuss how to make improvements. Governors
should talk to the headteacher, SIP and others to ensure the
school has effective systems in place for monitoring pupil
progress and is using previous results supported by recent
teacher assessment to set challenging targets.
29. All
schools (apart from middle schools that have pupils entering in
Year 6 or Year 9) have a statutory requirement to set targets by
31 December each year for performance five terms later. So,
governing bodies need to set targets by 31 December 2007 for the
tests/examinations that will be taken in summer 2009. Middle
schools are required by statute to set their targets as soon as
possible after the beginning of the school year in which the
pupils are due to take the relevant key stage tests.
30. Each year, targets must be set for the percentage of
pupils that the governing body anticipates will, in the
following school year, be registered pupils in the final year of
Key Stages 2 or 3, and will achieve results as follows:
|
For
Key
Stage 2
For
Key
Stage 3 |
For Key
Stage 3 |
|
Level 4
or above in national curriculum in both English and
mathematics |
Level 5
or above in national curriculum tests in both English
and mathematics |
|
Proportion progressing two national curriculum levels in
English |
Level 5
or above in national curriculum tests in science |
|
Proportion progressing two national curriculum levels in
mathematics |
Proportion progressing two national curriculum levels in
English |
|
|
Proportion progressing two national curriculum levels in
mathematics |
For Key Stage 4 the targets are as follows:
· the
percentage of pupils who will have completed the Key Stage 4
programme of study by summer 2009 to achieve the Level 2
threshold in approved qualifications including grades A*–C GCSEs
in five or more subjects or equivalent including English and
mathematics;
· to
improve the proportion progressing two national curriculum
levels in English; and
·
to improve the
proportion progressing two national curriculum levels in
mathematics.
31. For
pupils taking examinations, schools should now include those
studying for qualifications (including Level 2 and AS level
qualifications) approved for use pre16 under Section 96 of the
Learning and Skills Act 2000. Targets can therefore be set which
reflect ambitions for pupils taking qualifications other than
GCSEs and GNVQs. More details can be found on the Qualification
and Curriculum Authority (QCA) website at
www.accreditedqualifications.org.uk,
including the full list of approved qualifications and their
equivalency. The governing body cannot change the targets once
set.
Changes to
legislation
32. The
Education (School Performance Targets) (England) Regulations 2007
have been amended to require governing bodies to set targets for
the joint English and mathematics threshold and progression
measures at Key Stages 2, 3 and 4 which will focus on pupils
making two levels of progress at each Key Stage of the national
curriculum in English and mathematics. This came into force in
November 2007.
FURTHER EDUCATION (FE) IN
SCHOOLS
33. Further education (FE) is defined in
Section 2 of the Education
Act 1996.
It means fulltime and part-time education for persons over
compulsory school age (including vocational, social, physical
and recreational training) and associated organised leisure time
occupation.
34. By virtue of
Section 2 of the Education
Act 1996,
FE may be provided in schools, and it is the governing body
which decides whether or not to offer this type of provision.
However, the governing body of a community or foundation special
school must obtain the consent of the LA to provide or stop
providing FE. The responsibilities of governing bodies in
determining FE provision in schools are set out at
Section 80 of the School
Standards and Framework Act 1998.
35.
Schools may offer FE courses in the evenings, at weekends,
during school holidays or during term time when there are empty
classrooms during the day. FE students may also be educated
alongside GCSE or A level students. Where FE students are taught
in maintained schools in classes with school pupils, special
conditions apply. These are contained in the
Education (Further Education
in Schools) Regulations 1999.
36. The LSC has the responsibility for securing the
provision of FE facilities generally and for funding post16
provision. Under
Section 5 of the Learning
and Skills Act 2000,
the LSC may fund private training providers to deliver this
provision, and this could be on school premises, by way of
contractual arrangements between the training provider and the
governing body of the school. Please also see chapter 22 of this
Guide on Extended schools.
37. If governors decide to provide FE to members of the
local community, they must ensure that such provision does not
compromise to a significant extent their ability to provide for
the special educational needs of their own pupils.
38.
Governing bodies of community special and foundation special
schools should consider very carefully the effect that offering
FE provision would have on their schools. Before offering
courses, they must ensure that:
· if
the courses are being offered during the school day, sufficient
and suitable accommodation meeting the standards described in
Building Bulletin 77
will
still be provided for the pupils on the roll of the school;
· those
attending FE courses and having contact with the school’s pupils
are not older than the maximum age of pupil the school is
approved to take, and that their special educational needs are
“compatible” with those of the pupils on the school’s roll, as
neither party must be disadvantaged;
· those
attending courses during the school day, who are older than the
maximum age the school is approved to take, will use
accommodation separate from that of the school’s pupils;
· by
offering courses to adults, the pupils’ health, safety and
welfare are not compromised;
· the
overall “complexion” of the school will not be changed;
· where
the school’s staff will be used to deliver a course,
pupil-to-teacher ratios and the support staff working with
pupils remain at an appropriate level.
INSURANCE COVER
39.
The governing body as a whole should take out insurance to cover
its potential liability for negligence in carrying out its
responsibilities. Cover must now be regarded as essential.
Although legal action against teachers and schools for breaches
of professional duty is still quite rare, claims (for example,
for “failure to educate”) are becoming more frequent. The LA
will either pay from central funds for such insurance or it may
include funding for this in the school’s delegated budget. In
the former case, the governing body can request delegated
funding if it wishes to arrange its own insurance. If governing
bodies make their own arrangements, rather than buying in to a
policy arranged by the LA, the LA is entitled to check that the
arrangements are adequate, and if they believe they are not, can
charge the cost of additional insurance to the delegated budget.
Similar considerations apply to other types of insurance.
40. The governing body may also wish to consider obtaining
insurance protecting members of its committees against personal
liability arising from their office. However, personal claims
against school governors are very rare indeed. This type of
insurance cover is unlikely to represent good value for money
because governors acting honestly, reasonably and within their
powers will not incur personal liability (see paragraph 4,
above). However, it should be recognised that it may be
difficult to persuade good people to serve in this capacity
unless they are made completely secure against personal
liability.
41.
Governors are not disqualified by the normal rules on pecuniary
interests as described in
the School Governance
(Procedures) (England) Regulations 2003 (as amended)
from participating in meetings about obtaining personal
indemnity insurance. They can consider and vote on proposals for
the governing body to take out insurance protecting members
against liabilities incurred by them, arising out of their
office.
WORKING TOGETHER: GIVING CHILDREN AND
YOUNG
PEOPLE
A
SAY
42. The
Education
Act 2002 places a duty on LAs and governing bodies of
maintained schools, in the exercise of their functions, to have
regard to any guidance from the Secretary of State for Children,
Schools and Families on consultation with pupils in taking
decisions affecting them. This guidance complements a range of
other initiatives aimed at greater involvement of young people
and developing their skills of active participation. The
guidance was sent
to all schools and LAs in April 2004.
POWER
TO
INNOVATE
43. Any governing body that is prevented by any education
legislation from implementing an innovative idea for raising
standards can apply to the Secretary of State for Children,
Schools and Families, following consultation with relevant
bodies, to vary legislation for a pilot period. Pilots may last
for up to three years, with the possibility of extension for up
to a further three years.
GOVERNING BODY
PROCEDURES
44.
The
School Governance
(Procedures) (England) Regulations 2003
(as amended) (“The Procedures Regulations”) cover the procedures
governing bodies are required to follow.
Election of
the
chair
and
vicechair
45.
The governing body must elect a chair and a vicechair. There
are no regulations prescribing the election process as it is
believed that governing bodies are best placed to decide how to
organise this, but those standing for election should withdraw
from the meeting when a vote is taken. Governors who are paid to
work at the school, for instance the headteacher and staff
governors, cannot be elected as chair or vicechair. The chair
and vicechair can resign at any time by giving notice in
writing to the clerk.
Term of
office
of
the
chair
and
vicechair
46.
The governing body decides on the chair and vicechair’s term of
office before the election. The minimum term of office is one
year and the maximum period is four years. If a governor is
elected chair or vicechair and their term of office as a
governor is due to end before that of the term of office
determined for the office of the chair or vicechair then the
chair or vicechair’s term of office ends when the governor’s
term of office ends.
47. When the office of chair or vicechair becomes vacant,
the governing body must elect a new chair or vicechair at the
next meeting. If the chair is absent from a meeting, or if the
office of chair is vacant, the vicechair will act as chair for
all purposes.
Delegation of
functions
to
the
chair
and
vicechair
in
cases
of
urgency
48.
The chair or
vicechair has the power to carry out functions of the governing
body if a delay in exercising a function is likely to be
seriously detrimental to the interests of the school, a pupil at
the school or their parents, or a person who works at the
school. This power excludes matters related to the alteration
and closure of schools, change of school category, change of
school name, approval of the budget, discipline policies and
admissions. Any action taken under this power must be reported
to the governing body.
Removal of
the
chair
or
vicechair
from
office
49. The
governing body can remove the chair or vicechair from office
unless the chair has been nominated by the Secretary of State
for Children, Schools and Families under
Section 67 of the Education
and Inspections Act 2006.
50. A motion to remove the chair or vicechair must be an
agenda item for a governing body meeting and the agenda must be
circulated to governing body members at least seven days in
advance of the meeting.
51. The governor(s) proposing the removal must state their
reasons for doing so at the meeting. The chair or vicechair
must be given the opportunity to make a statement in response
before he or she withdraws from the meeting and the governing
body votes on the proposal to remove the chair or vicechair
from office.
ROLE OF
THE
CLERK
52. The clerk needs to work effectively with the chair of
governors, the other governors and the headteacher to support
the governing body. The clerk should be able to advise the
governing body on constitutional and procedural matters, duties
and powers. The clerk is accountable to the governing body.
Appointment of
the
clerk
to
the
governing
body
53. The governing body must appoint a clerk to the
governing body. Governors, associate members and the headteacher
of the school cannot be appointed as clerk to the governing
body.
54. If the clerk does not attend a meeting, the governors
present at the meeting can appoint a member of the governing
body (but not the headteacher) to act as clerk for that meeting.
Functions of
the
clerk
55. It is
the responsibility of the clerk of the governing body to:
· convene
meetings of the governing body;
· attend
meetings of the governing body and ensure minutes are taken;
· maintain
a register of members of the governing body and report vacancies
to the governing body;
maintain a
register of attendance and report this to the governing body;
give and receive
notices in accordance with relevant regulations;
perform such
other functions as may be determined by the governing body from
time to time.
A full job
description for governing body clerks is given in
The National Training
Programme for Clerks to Governing Bodies.
Removal
of
the
clerk
56.
The governing body can remove its clerk from office by
resolution at a governing body meeting. If a school does not
have a delegated budget, the LA may dismiss the clerk and
appoint a substitute, but the authority must consult the
governing body before doing so.
RIGHT TO
ATTEND
GOVERNING
BODY
MEETINGS
57.
Governors, associate members, the headteacher and the clerk have
the right to attend governing body meetings. In addition, the
governing body can allow any other person to attend its
meetings. Associate members may be excluded from any part of a
meeting when the item of business concerns an individual pupil
or member of staff.
CONVENING GOVERNING BODY MEETINGS
58.
The
governing body is best placed to decide how often and for how
long it needs to meet in order to perform its functions
effectively. However, each governing body must hold at least
three meetings per school year. Many governing bodies meet more
often and this is for the governing body to decide.
59. Meetings are convened by the clerk who takes
directions from the governing body and the chair. Any three
members of the governing body can request a governing body
meeting by giving written notice to the clerk that summarises
the business to be conducted. The clerk must convene a meeting
as soon as is practicable.
60. The
clerk must give each governor, associate member and the
headteacher (if not a governor) written notice of a meeting, a
copy of the agenda and any papers to be considered at the
meeting at least seven days before the meeting. If the chair
considers that there are matters that demand urgent
consideration, he or she can determine a shorter period of
notice, but the period of notice must be at least seven days if
matters to be considered include the removal of the chair, the
suspension of any governor, changing the school’s name or a
proposal to close the school.
QUORUM FOR
GOVERNING
BODY
MEETINGS
61. The quorum for any governing body meeting and vote
must be one half (rounded up to a whole number) of the complete
membership of the governing body, excluding vacancies. For
example, if the full membership is 15 and there are three
vacancies, then the quorum for a governing body meeting is six
governors (one half of 12).
VOTING
62.
Every question to be decided at a governing body meeting must be
determined by a majority of votes of those governors present and
voting. If there are an equal number of votes, the chair (or the
person acting as chair provided that they are a governor) has a
second, or casting vote. A unanimous vote in favour of the
proposal of the full membership of the governing body is
required to change the name of a school. If a governor is unable
to be present at the meeting where a vote to change a school
name is to be taken the governor can vote by proxy. The proxy
must be a governor or associate member whose appointment as a
proxy is in writing and signed by the governor unable to attend.
This is the only occasion where a proxy vote can be accepted. .
63. Any
decision to close the school will not have effect unless it is
confirmed by a governing body meeting held not less than 28 days
after the meeting at which the decision was made. The item has
to be an agenda item and seven days’ notice has to be given.
MINUTES AND
PAPERS
64.
The clerk must ensure that minutes are drawn up, approved by the
governing body and are signed by the chair at the next meeting.
65.
Regulation 13 of the Procedures Regulations provides that the
governing body must make available for inspection, to any
interested person, a copy of the agenda, signed minutes and
reports or papers considered at the meeting as soon as is
reasonably practical. Information relating to a named person or
any other matter that the governing body considers confidential
does not have to be made available for inspection. Since January
2005, the governing body is obliged to make this information
available upon request under the
Freedom of Information Act
2000,
unless any other of the specific exemptions in that Act apply.
Therefore, the governing body will only be able to withhold
information that constitutes personal data or confidential
information, in each case, within the meaning of
the
Freedom of Information Act (see
Guidance for Schools on FOI,
available on
GovernorNet).
RESTRICTIONS
ON
PERSONS
TAKING
PART
IN
PROCEEDINGS
OF
GOVERNING
BODY
MEETINGS
AND
COMMITTEES
66.
The general
principles are shown below.
· Where
there is a conflict between the interests of any person and the
interests of the governing body that person should withdraw from
the meeting and should not vote.
· In
a situation where the principles of natural justice require a
fair hearing and there is any reasonable doubt as to a person’s
ability to act impartially, he or she should also withdraw from
the meeting and not vote.
· Where
a governor or associate member has a pecuniary interest in any
matter he or she should also withdraw from the meeting and not
vote.
· Examples
of cases where a fair hearing must be given include decisions
relating to staff or pupil discipline or admission of pupils.
The restrictions on persons taking part in proceedings do not
stop a governing body or committee from allowing someone who can
offer relevant evidence to a case in question from giving that
evidence.
· If
there is any dispute as to whether or not a person must withdraw
from a meeting the other governors present at the meeting must
decide on this.
More specific provisions relating to restrictions on taking part
in proceedings are set out in the Schedule to the Procedures
Regulations.
SUSPENSION OF
GOVERNORS
67.
In certain
prescribed circumstances the governing body can decide to
suspend a governor for a period of up to six months. The
governing body can only suspend a governor if one or more of the
following grounds apply.
· The
governor is paid to work at the school and is the subject of
disciplinary proceedings in relation to his or her employment.
· The
governor is the subject of any court or tribunal proceedings,
the outcome of which may be that he or she is disqualified from
continuing to hold office as a governor under
Schedule 6 of the
Constitution Regulations.
· The
governor has acted in a way that is inconsistent with the
school’s ethos or religious character and has brought, or is
likely to bring, the school, the governing body or his or her
office of governor into disrepute.
· The
governor is in breach of his or her duty of confidentiality to
the school, the staff or to the pupils.
68. A governing body can vote to suspend a governor on any
of the above grounds but does not have to do so. The governing
body should only use suspension as a last resort after seeking
to resolve any difficulties or disputes in more constructive
ways.
69. Any motion to suspend must be specified as an agenda
item of a meeting for which at least seven days’ notice must be
given. Before the governing body votes to suspend a governor,
the governor proposing the suspension must give the reasons for
doing so. The governor who is proposed for suspension must be
given the opportunity to make a statement in response before
withdrawing from the meeting and a vote then takes place.
70. A governor who has been suspended must be given notice
of any meetings and must be sent agendas, reports and papers for
any meetings during their suspension.
71. A
governor who has been suspended cannot be disqualified from
holding office for failure to attend meetings under Paragraph 5
of
Schedule 6 of the
Constitution Regulations
DELEGATION OF FUNCTIONS
72. A governing body can delegate any of its statutory
functions to a committee, a governor or the headteacher, subject
to prescribed restrictions. The governing body must review the
delegation of functions annually. Each governing body will
remain accountable for any decisions taken including those
relating to functions delegated to a committee or individual.
73. Functions that can be delegated to a committee but
cannot be delegated to an individual include those that relate
to:
·
the alteration,
discontinuance or change of category of maintained schools;
·
the approval of
the first formal budget plan of the financial year;
·
school
discipline policies;
·
the exclusion of
pupils (except in an emergency when the chair has the power to
exercise these functions);
·
admissions.
74. The
governing body cannot delegate any functions relating to:
· the
constitution of the governing body (unless otherwise provided by
the Constitution Regulations);
·
the appointment
or removal of the chair and vicechair;
·
the appointment
of the clerk;
·
the suspension
of governors;
·
the delegation
of functions;
·
the
establishment of committees.
75. Any individual or committee to whom a decision has
been delegated must report to the governing body in respect of
any action taken or decision made. The governing body can still
perform functions it has delegated: this enables the governing
body to take decisions on matters that are discussed at meetings
on functions that have been delegated. For instance, the
governing body can decide to move (“vire”) money from one budget
heading to another in light of changing circumstances, even if
the function of approving and monitoring the budget has been
delegated to a committee.
COMMITTEES OF
GOVERNING
BODIES
Application of
this
part
of
the
regulations
to
staffing
functions
76. This
section does not apply to committees established by the
governing body to deal with most staffing functions that affect
individual members of staff, rather than the school staff as a
whole. The delegation by a governing body of its functions
relating to the appointment and dismissal of staff, staff
grievance, capability, conduct, discipline and suspension
matters are covered in chapter 10 of this Guide on Staffing.
Establishment of
committees
77.
The
governing body must determine the membership and proceedings of
any committee. The governing body must also review the
establishment, terms of reference, constitution and membership
of any committee annually. The membership of any committee may
include associate members, provided that a majority of members
of the committee are governors. Each committee must have a
chair, who is either appointed by the governing body or elected
by the committee. The governing body may remove the chair of a
committee from office at any time.
Appointment and
removal
of
the
clerk
to
committees
78. The
governing
body must
appoint a clerk to each committee. “Committee” in the Procedures
Regulations means a committee with delegated functions. It does
not include other groups, such as working groups set up for a
specific purpose.
79.
The headteacher of the school cannot be appointed as clerk to a
committee. The governing body can appoint a governor to clerk
one or more committees.
80.
If the clerk does not attend a committee meeting, the governors
present at the meeting can appoint a member of the committee
(but not the headteacher) to act as clerk for that meeting.
81.
The governing body can remove a clerk to a committee from office
at any time.
Functions of
the
clerk
82. It is
the responsibility of the clerk to a committee to:
·
convene meetings
of the committee;
·
attend meetings
of the committee and ensure minutes are taken;
·
perform such
other functions with respect to the committee as may be
determined by the governing body from time to time.
A full job
description for governing body clerks is given in
The National Training
Programme for Clerks to Governing Bodies.
Right
of
persons
to
attend
meetings
of
committees
83.
Members of committees, the headteacher (if not a member of the
committee) and the clerk to the committee have the right to
attend committee meetings. In addition, the governing body or
the committee can allow any other person to attend their
meetings. Associate members may be excluded from any part of a
committee meeting when the item of business concerns an
individual pupil or member of staff.
Meetings of
committees
84.
Committee meetings are convened by the clerk to the committee,
who takes directions from the governing body and the chair of
the committee.
Notice of
committee
meetings
85. The
clerk must give each governor and associate member who is
a member of
the committee and the headteacher (if not a governor) written
notice of a meeting, a copy of the agenda and any papers to be
considered at the meeting at least seven days before the
meeting. If the chair of the committee considers that there are
matters that demand urgent consideration he or she can determine
a shorter period of notice.
Quorum
86. The
quorum for any committee meeting and for any vote must be three
governors who are members of the committee (or more) as
determined by the committee.
Voting
87. Every
question to be decided at a committee meeting must be determined
by a majority of votes of those governors and associate members
present and voting. If there is an equal number of votes, the
chair (or the person acting as chair), provided that he or she
is a governor, has a second (or casting) vote. The committee can
only vote if the majority of the committee members present are
governors.
Associate members
88. The
governing body can give limited voting rights to associate
members on committees at the time of appointment. Associate
members cannot be given voting rights if they have not reached
the age of 18 at the time of their appointment.
89.
Associate members may not vote on any decision concerning
admissions, pupil discipline, election or appointment of
governors, the budget and financial commitments of the governing
body.
Minutes
of
committee
meetings
90.
Minutes must be drawn up by the clerk and signed by the chair
after approval at the next meeting of the committee. The
committee must make available for inspection to any interested
person a copy of the agenda, signed minutes and reports or
papers considered at the meeting as soon as is reasonably
practicable. Information relating to a named person or any other
matter that the committee considers confidential does not have
to be made available for inspection.
THE
LAW
N.B. As
legislation is
often
amended
and
Regulations
introduced,
the
references
made in
this
Guide
may
be
to
legislation
that
has
been
superseded.
For
an
up-to-date
list
of
legislation
applying
to
schools,
please
refer
to
the
GovernorNet
website,
www.governornet.co.uk
Education Act
1996 Sections
2,
4,
5,
496
and
497
School Standards
and Framework Act 1998: Section 48 (as amended by the Education
Act 2002),
Education Act 2002,
in particular Sections 19, 21, 23, 29, 30, 32, 33, 35 and 78–80
and Schedules 1 and 3
The Education and
Inspections Act 2006, in particular Section 67 and
Part 4
The
School Governance
(Constitution) (England) Regulations 2007:
SI 2007/957
The
Education (School
Performance Targets) (England) Regulations 2004
SI
2004/2858 (as amended by
The Education (School
Performance Targets) (England) (Amendment) Regulations 2006:
SI 2006/3151)
The
Education (School
Government) (Terms of Reference) (England) Regulations 2000:
SI
2000/2122
The
School Staffing (England)
Regulations 2003:
SI 2003/1963 (as
amended by SI 2003/2725 and SI 2006/3197)
The
School Governance
(Procedures) (England) Regulations 2003:
SI 2003/1377 (as
amended by SI 2003/1916, 2003/1963, 2004/450 and 2007/959)
The Race Relations Act 1976
(as
amended by the
Race Relations (Amendment)
Act, 2000) The specific duties of governing bodies
are set out by way of SI 2001/3458 and SI 2004/3125
The
Race Relations Act 1976 (Amendment) Regulations 2003:
SI 2003/1626 implements the Race Directive 2000/43EC
GUIDANCE
www.standards.dfes.gov.uk/lea/role/
DfEE Circular
11/98 – Target-setting in schools
www.standards.dfes.gov.uk/ts/
Supporting the Target
Setting Process – Guidance for effective target-
setting for pupils with special educational needs (DfEE
0065/2001)
Guidance for
Local Authorities on target- setting at Key Stage 2, 3 and 4,
and for minority ethnic groups, looked after children and school
attendance.
www.standards.dfes.gov.uk/ts
DfEE
publication: Code of Practice – LEA-School Relations (ISBN 1
84185 008X)
FEFC Circular
96/06 – Franchising
FEFC Circular
99/37
FEFC Circular
99/37 Supplement
Roles of Governing Bodies
and Headteachers: DfEE Guidance, issued September
2000
School
Complaints Procedure located in Roles and Responsibilities area
of the
GovernorNet website
Innovation Unit
website –
www.innovation-unit.co.uk
Extended
Schools: providing opportunities and services for all –
www.teachernet.gov.uk/extendedschools
On promoting
race equality:
Promoting Race Equality: the
Statutory Code of Practice by The Commission for
Racial Equality (2002) ISBN: 1 85442 430 0
The Duty To Promote Race
Equality: A Guide for Schools (non-statutory),The
Commission for Racial Equality, (2002) ISBN: 1 85442 433 5
Learning for
All: Standards for Racial Equality in Schools, The Commission
for Racial Equality (2000) ISBN: 1 85442 223 5
Schools’ Race Equality
Policies: From Issues to Outcomes, DfES guidance
(2005)
Schools Causing Concern
on the Standards Site
Working Together: Giving
children and young people a say (DfES 0134/2004)
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