Children’s Services

Early Help and Schools

Sandra Bowness

Assistant Director

Number One Riverside, Smith Street,

Rochdale, OL16 1XU

Phone: 01706 647474

Your Ref:

Our Ref:SB/

Enquiries to:Maria Matthews

E-mail:

Direct Line:01706 925177

Date:

Dear Headteacher

GUIDANCE ON ELECTION OF PARENT AND STAFF GOVERNORS

Please find attached copies of: specimen letters; nomination and election papers; information about the conduct of elections; and disqualification criteria in connection with the filling of parent and staff governor vacancies. Copies of all the forms/specimen letters are available electronically so that you can adapt/use them as you feel appropriate and are also available on the Schools Intranet.

The responsibility for deciding who can participate in the election of parent and staff governors and for deciding how the elections are conducted is set out in the School Governance (Constitution) Regulations 2007 as revised by the School Governance (Constitution) Regulations 2012. It has been agreed with the Joint Committee (Teachers) that the current arrangements for the election of Staff and Parent Governors continue; delegating to individual Headteachers responsibility for conducting the necessary elections.

The required representation on your Governing Body is as stated in the Instrument of Government agreed by your Governing Body.

Names of any Governors elected by parents and staff, should be passed to the Governor Support Team who will issue the formal letters of appointment together with an information starter pack. From September 2012 Criminal Records Bureau clearance will only be sought for governors as identified by the Headteacher.

May I once again offer my thanks for your help and assistance in undertaking this work. If you have any queries regarding this letter please do not hesitate to contact me on (01706) 925177.

Yours sincerely

Maria Matthews (Governor Support Manager)

ELIGIBILITY TO SERVE ON GOVERNING BODYAPPENDIX A

Parent Governor

Parents with a child or children registered at a maintained school are eligible for nomination and election to the Governing Body of that school.

Headteachers are advised that the definition of ‘Parent’ contained in the Children Act 1989, includes any person:- who has parental responsibility or who has care of the child.

A person is disqualified from election or appointment as a parent governor of a school if he is:-

  • An elected member of the local authority, or
  • Paid to work at the school for more than 500 hours (ie for more than one third of the hours of a full time equivalent) in any consecutive twelve month period (at the time of election/appointment)

Staff Governor

Both teaching and support staff who, at the time of election, are employed by either the governing body or the local authority to work at the school under a contract of employment, are eligible to be staff governors. Staff governors are elected by the school. They cease to hold office when they cease to work at the school. Any election, which is contested, must be held by ballot.

Staff governors operate as part of the governingbody to provide strategic leadership and to hold the headteacher to account.

The headteacher is a member of the governing body by virtue of their office. If the headteacher decides not to be a governor they must inform the clerk to the governors of that decision in writing. The headteacher’s place remains reserved for them.

Term of Office: Parent/Staff Governors

The term of office for Parent/Staff Governors will be 4 years from the date appointed (unless otherwise stated in the Instrument of Government). However, if a staff Governor ceases to be employed at the school he shall be disqualified from continuing to serve on the Governing Body and the Headteacher should notify the Governor Support Team.

Filling of Casual Vacancies

If a Governor resigns or is disqualified from service mid term, then the Headteacher is required to organise a further election in accordance with the procedure outlined in this Circular. Whoever is elected will serve for 4 years from the date appointed (unless otherwise stated in the Instrument of Government).

Distribution of Nomination and Voting Papers

Headteachers are requested to ensure that all parents/staff who are entitled, receive nomination and voting papers; the procedures for inviting nominations, holding an election if necessary and counting votes should follow the pattern set out in Appendix B.

Election of Parent/Staff Governors

In all cases where the number of nominated candidates exceeds the vacancies for Governors an election by secret ballot must be held. The procedure and specimen nomination and ballot papers are attached.

Counting Votes

Arrangements should be made for all ballot papers to be counted at a specified time and all candidates should be notified of the time and place of the count so that they may be present if they so wish. Headteachers will be responsible for the conduct of the count and should decide on the validity of votes. In difficult cases Headteachers may wish to seek advice from the Governor Support Team. In the event of a tie, the person to be elected as Governor should be decided by the toss of a coin or the drawing of lots.

Appointment of Parent Governors by the Governing Body if Insufficient Parents Stand for Election

Schools must make every reasonable effort to fill parent governor vacancies through elections. Only if insufficient parents stand for election can the governing body appoint a parent of a registered pupil at the school; a parent of a former pupil; or a parent of a child of or under compulsory school age.

APPENDIX B

CONDUCT OF ELECTION FOR PARENT/STAFF GOVERNORS

  1. Headteachers will need to read through this appendix before drawing up a timetable for organising any elections.
  2. You are required to endeavour to arrange for all parents/staff (i.e. one per parent and not one per family) to receive the nomination forms.
  3. There should be a period of not less than seven full days between the receipt of the nomination paper and the closing date for the receipt of nomination papers. Headteachers are asked to select and insert a suitable closing date on the nomination letter.
  4. Headteachers should check the validity of nomination papers.
  5. Parents/staff who complete a nomination form incorrectly during the period of nomination should be advised of that fact and given the opportunity to submit a correct nomination within the agreed timescale. Nomination forms received after the closing date for nominations are considered invalid at that time and cannot be considered.
  6. If the number of nominated persons equals the number of vacancies, the nominated persons will be eligible to serve on the Governing Body and it will not be necessary to hold an election.
  7. If the number of nominated persons exceeds the number of vacancies an election by secret ballot must be held.
  8. Parents who have been nominated will have been requested to supply a brief biography with their nomination paper. If such information has not been provided Headteachers are requested to seek such information but such action should not unduly delay the completion of the voting stage. Failure to provide a short biography does not render a nomination invalid.
  9. If an election has to be held a voting paper and an envelope in which to return the voting paper should be sent to each parent/staff member (i.e. one per parent and not one per family). Under the new regulations all staff (teaching and non-teaching) have the right to vote for any candidate standing for election (teaching or non-teaching.) Where it is known that parents have more than one child in a school some system should be devised to ensure that no parent receives more than one voting paper. It is recommended that envelopes are marked “Election of Parent Governors”.
  10. Voting papers will need to be sent to parents/staff whose child/who are absent from school when the ballot papers are issued.
  11. There must be a period of no less than seven full days between the receipt of the voting paper by the elector and the closing date for the return of the voting paper to the school. The Headteacher is requested to select and insert a suitable closing date on the voting paper.
  12. If an elector spoils a voting paper another in exchange for the spoiled voting paper must be given if requested.
  13. If a parent/staff member reports to the Headteacher that a voting paper has not been received a second copy may be given.
  14. The number of voting papers issued and the number returned at each election should be noted in order to monitor participation.
  15. Candidates for election should be informed of the date, time and place for the counting of votes. In addition to the presence of candidates there should be not less than one other adult witness.
  16. Headteachers are advised that the electoral method should be “first past the post”.
  17. Headteachers will be responsible for the conduct of the count and should decide upon the validity of dubious or spoilt voting papers. In difficult cases Headteachers may wish to seek advice from an officer of the Schools HR and Governor Support Team.
  18. In the event of a tie the votes should be recounted. If the votes are then still equal the person to be elected should be decided by either the toss of a coin or the drawing of lots.
  19. When the count has been completed, successful and unsuccessful candidates should be notified of the results. The result of the election should be recorded in the school logbook and posted in places where voters may easily ascertain the outcome of the election. Parents/teachers/staff members should be notified of the results.
  20. Headteachers are asked to notify the Schools HR and Governor Support Team who have been elected. Headteachers should supply the name, address and if possible, post codes and telephone numbers of the governors elected. Formal letters of appointment can then be sent to the new Governors.
  21. Finally, voting papers should be retained securely for six months in case an election result is challenged.

APPENDIX C

DISQUALIFICATION FROM SERVING ON SCHOOL GOVERNING BODIES

I am not disqualified from serving as a school governor and that:

  • I am aged 18 or over at the date of this election or appointment;
  • I do not already hold a governorship of the same school;
  • I am not the subject of a bankruptcy restrictions order or an interim order, debt relief restrictions order, an interim debt relief restrictions order or my estate sequestrated and the sequestration has not been discharged, annulled or reduced
  • I am not subject to a disqualification order or disqualification undertaking under the Company directors Disqualifications act 1986, or an order made under section 429(2) of the Insolvency Act 1986 (failure to pay under county court administration order)
  • I have not been removed from the office of a charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement or, under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, from being concerned in the management or control of anybody;
  • I am not included in the list of teachers or workers considered by the Secretary of State as unsuitable to work with children or young people;
  • I am not barred from any regulated activity relating to children;
  • I am not subject to a direction of the Secretary of state under section 128 of the Education and skills Act 2008;
  • I am not disqualified from working with children or from registering for child-minding or providing day care;
  • I have not been disqualified from being an independent school proprietor, teacher or employee by the secretary of state;
  • I have not been sentenced to three months or more in prison (without the option of a fine) in the 5 years before becoming a governor or since becoming a governor;
  • I have not received a prison sentence of two years or more in the 20 years before becoming a governor;
  • I have not, at any time, had passed on me a sentence of imprisonment for a period five years or more;
  • I have not been fined for causing a nuisance or disturbance on school premises during the 5 years prior to or since appointment or election as a governor;

Please note

The provisions of the Rehabilitation of Offenders Act (Exceptions) Order 1975 apply and successful applicants will be required to declare any previous criminal convictions. You may also be required to complete a DBS application.

A confirmation of your appointment will be made in writing once these checks have been made and satisfactory results obtained.

SPECIMEN COVERING LETTER TO PARENTS

SCHOOL NAME:______

Dear Parent

ELECTION OF PARENT GOVERNOR(S) – NOMINATION PAPER

We have ___ vacancies for parent governor that need to be filled.

Being a parent governor is an important and responsible role. There are three meetings of all governors each year as well as a number of committee meetings with specific delegation and terms of reference.

The job of the Governors is to make decisions about how the school is run.Governors are strategic leaders of the school and have a vital role to play in making sure every child gets the best possible education. Your focus will be to ensure clarity of vision, ethos and strategic direction; holding the headteacher to account for the educational performance of the school and its pupils and the performance management of staff and overseeing the financial performance of the school, making sure its money is well spent.

As a governor you will be asked to sign up to a code of conduct and be willing to undertake training.

If you become a governor, you’d be expected to serve for four years.

To put yourself forward as a governor please fill in the attached form including a biography outlining your skills and how these would contribute to effective governance and return it to the headteacher no later than noon on the ______. You may wish to nominate another parent. Please ensure that you have their consent to put their name forward before doing so. If we have more people come forwards then we have vacancies, we will hold an election.

Please contact the headteacher to find out more about what being a parent governor involves.

Yours sincerely

Headteacher

Notes

A) Would candidates please return a brief biography with the nomination paper outlining their skills and how these would contribute to effective governance? This will be circulated to parents with the voting paper should an election be necessary.

B) Nominations received after the closing date will not be considered.

C) If you require assistance in completing the nomination form or would like further information on the role of the Governing Body and work of a parent Governor then please contact the Headteacher.

SPECIMEN NOMINATION FORM FOR ELECTION OF PARENT GOVERNOR

______School

You may nominate yourself (Section A) or nominate another parent (Section B) to serve as a parent Governor. If you nominate another parent you should obtain that person’s signature, to signify that he or she is willing to be nominated.

Please complete either Section A or Section B.

Section A - Self Nomination

I wish to nominate myself for election as a parent Governor on the School Governing Body.

Full Name:______

Address:______

I am the parent of ______who is a registered pupil at the school.

I have read the grounds for disqualification from being a Governor. I am not disqualified on any of these grounds and I am not an elected member of the Local Authority nor paid to work at the school for more than 500 hours in any consecutive twelve-month period (at the time of election or appointment).

Signature: ______Date: ______

Biography to include your skills and how these would contribute to effective governance to be issued with voting papers should an election be necessary. If necessary continue on reverse of this nomination paper

Section B - Nomination of Another Parent

I wish to nominate the parent listed below as a parent Governor on the School Governing Body.

Name and address of parentName:______

nominated to serve on the

Governing BodyAddress:______

Name and address of parent who

proposed the above nominationName:______

Address:______

I have read the grounds for disqualification from being a Governor. I am not disqualified on any of these grounds and I am notpaid to work at the school for more than 500 hours in any consecutive twelve-month period (at the time of election or appointment).

Nominated persons signature ______Date:______

I am the parent of ______who is a registered pupil at the school.

SPECIMEN PARENT GOVERNOR VOTING PAPER

______School

ELECTION OF PARENT GOVERNOR(S)

Every parent of a pupil who is a registered pupil at ______School is eligible to vote for not more than _____ candidate(s) to serve on the Governing Body of the School.

Further information about individual candidates can be found on the rear of the voting paper.

Name / Address/other identifier ie parent of child in which year group / Place Cross (X) in this column to indicate vote

No other mark should be made on the voting paper other than your vote.

If you spoil your voting paper you may obtain another by returning this voting paper to the school.

This voting paper must be returned in the envelope provided to reach the Headteacher no later than noon on ______. The voting paper may be returned by post, personal delivery, or by your child who is a registered pupil at the school.

NOTE FOR HEADTEACHER

Headteachers are requested to insert on their voting paper, the name of the school, the number of candidates who can be voted for in accordance with the number of vacancies on the Governing Body, together with the closing date for the return of voting papers.

Biographies supplied with nominations papers should be inserted on the back of this voting paper. Parents who have been nominated will have been requested to supply a brief biography with their nomination paper. If such information has not been provided Headteachers are requested to seek such information but such action should not unduly delay the completion of the voting stage. Failure to provide a short biography does not render a nomination invalid.

SPECIMEN NOMINATION PAPER FOR ELECTION OF STAFF GOVERNOR(S)

______School

All teaching and support staff paid to work at ______School are eligible to nominate or be nominated to serve as a Governor of the school subject to the conditions set out in the attached sheet.