CHILDREN & YOUNG PEOPLE’S SERVICE
September 2017
These guidelines refer to the legislation “The School Governance (Constitution) (England) Regulations 2012” as amended by the Regulations in August 2017.
Procedure for the Election of Staff Governors to the Governing Bodies of Community, Voluntary Controlled and Maintained Special Schools
(Voluntary Aided and Foundation Schools may wish to use the same procedures)
1.0 Eligibility
1.1 Both teaching staff and support staff paid to work at the school and aged 18 years or over are eligible to be staff governors. They cease to be a staff governor if they are no longer employed at the school. Volunteers are not eligible.
The Governing Body will have one staff governor elected by other school staff. Other staff members may be appointed by the Governing Body as Co-opted Governors or Associate Members in accordance with the Instrument of Government. The staff members (including the Head Teacher) must not exceed one third of the total membership of the governing body.
2.0 Disqualification
2.1 The disqualification criteria set out in the relevant Regulations apply and these are set out on the form “Self Declaration 1”. A copy of this form should be provided with each nomination paper. Nominations will only be accepted if accompanied by Self Declaration 1 signed by the candidate (the completed form of the successful candidate to be retained by the Clerk to Governors). The governing body may also remove an appointed or an elected staff governor.
3.0 Checks on governors
As indicated in 2.1 above, prospective governors are required, as part of the nomination procedure, to complete a self-declaration, to confirm that they are eligible to become a school governor. Because paid members of staff will already have DBS clearance there is no need to repeat this check as a result of becoming a governor.
4.0 Date of Office
4.1 Wherever possible, the election process should be initiated a few weeks prior to the date the current post-holder’s term of office finishes.
4.2 Where the vacancy already exists and the number of nominations received is equal to or less than the number of places available, the start date of office is the day after the closing date for nominations.
4.3 Where the vacancy already exists and an election is required, the start date of office is immediately after the announcement of the result of the election.
4.4 Where the election process is being conducted prior to the end of the current post-holder’s term of office, the start date of office is the day after that end date.
5.0 Term of Office
5.1 A Staff Governor shall hold office for a period of four years (or such other shorter period as stipulated in the Instrument of Government) from the start date of his/her office (see 4 above), subject to the disqualification criteria in paragraph 2.1, unless he/she ceases to be employed at the school or, he/she is removed by the governing body.
6.0 Conduct of Elections
6.1 The Headteacher of the school is the Returning Officer who will supervise the election. If a ballot is required he/she will be assisted by two witnesses, one of whom should be a member of the Governing Body. Neither witness shall be eligible to participate in the election.
6.2 When a vacancy arises for a staff governor, the Headteacher will inform all eligible staff of the fact, and of the arrangements for filling the vacancy, by letter (see model letter provided).
6.3 Nomination papers[1] will be available from the Headteacher or School Secretary.
6.4 Self nomination is allowed but to be valid, nominations must be signed by the candidate and returned to the Headteacher by the date specified on the nomination form.
6.5 As far as possible at least 10 school days should be allowed between sending the letter to staff and the closing date for the return of nominations.
6.6 Where the number of nominations is equal to or is less than the number of places to be filled, then those nominated automatically become elected staff governors subject to the category composition requirements – see paragraph 1.2.
6.7 Where the number of nominations exceeds the number of places to be filled, a ballot will be held, for which each member of staff will be sent:-
i. a ballot paper on which will be listed the duly nominated candidates;
ii. such details of the candidates as have been provided by them.
iii. two envelopes for the return of the ballot paper;
iv. instructions on the use of the “double envelope” system.
It should be noted that if there are two candidates of the same name on the
ballot paper then some means of distinguishing between the two as is agreed
by them, should be indicated.
6.8 Ballot papers must be returned by the due date – at least 10 school days after the distribution of ballot papers. Envelopes must remain unopened and kept under lock and key until the time and date set for the count (see 6.10). The checking of names on the outer envelopes to verify eligibility to vote may be carried out before the counting takes place.
6.9 The count must be carried out at the time and date fixed by the Returning Officer, at which he or she must be accompanied by two witnesses, including a governor of the school, neither of whom are eligible to take part in the election. Candidates should also be invited to be present if they so wish. The count date should be no more than 5 school days after the closing date for the receipt of ballot papers. No envelopes may be opened before this time. Subject to there being no dispute or a tied vote (see 6.12), the result of the ballot should be announced immediately after the count.
6.10 The following procedures must be followed at the count:
i. If not already checked, outer envelopes carrying staff signatures/names are checked to verify eligibility to vote and to ensure only 1 vote per eligible voter.
ii. the outer envelopes are opened in the presence of two witnesses and the inner envelopes, still unopened, placed in a box. The outer envelopes are then discarded and the sealed inner envelopes are opened.
N.B. The candidates must not be involved in the actual count.
6.11 The following are to be regarded as spoiled votes and must not be counted:
i. any ballot paper where votes are cast for more candidates than there are vacancies (no votes on such a paper can be counted);
ii. any ballot paper which is signed (no votes to be counted);
iii. any ballot paper which is not enclosed in a sealed, unmarked envelope within an outer envelope which is sealed and signed, by an eligible voter.
Where any doubt arises as to whether a vote should be discounted, the Returning Officer should discuss the matter with the two witnesses to see if agreement can be reached. If agreement cannot be reached and there is still a dispute then the Returning Officer must contact the Governor Support Team at County Hall.
6.12 Subject to the rules on allocation of places (see paragraph 1.2 above) the candidates (sufficient to fill the vacancies) with the highest number of votes shall be declared elected. In the event of a tie, the election will be decided by the toss of a coin or the drawing of lots by the Returning Officer in the presence of the candidates concerned.
6.13 The names of the successful candidates should be posted at a suitable place on the school premises for seven days.
7.0 Date of Regulations
Applicable from 1st September 2010, reviewed in September 2017.
Corporate Director – Children & Young People’s Service
NAME OF SCHOOL
SUGGESTED MODEL LETTER
(Date)
Dear Colleague
ELECTION OF STAFF GOVERNORS
I am writing to let you know that there is to be an election of Staff Governors. The governing body, when it is complete, will be made up of …… Governors of which …… will be elected by the staff.
The school has reconstituted under The School Governance (Constitution) (England) Regulations 2012. There is now one elected member on the Governing Body. All staff who 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 governor and vote in the election.
Stage 1
The first stage will be to determine whether any staff have been nominated for election. If there is only one nomination, then the vacancy will be filled automatically or, if there are more staff nominated, there will be an election between the staff nominees. All staff are eligible to vote in the election.
As well as staff, the governing body is made up of governors appointed by the Local Authority (the County Council), parents, the headteacher and governors appointed by the rest of the governing body (co-opted governors). In voluntary controlled, voluntary aided and trust schools there are also foundation governors appointed by the diocese or trust.
Staff Governors have a four* year term of office, however, their term of office ceases if they are no longer employed at the school.
*school to amend before sending out if the Instrument of Government stipulates a lesser number of years.
What Do Governors Do?
The governors’ work affects all aspects of the school’s work. They establish, with the Headteacher, aims for the school, and approve policies – for the curriculum, behaviour and discipline, for example; and are responsible for the school’s budget and the use and maintenance of the premises. More generally, they are expected to be in touch with the local community and to help guide the school to meet the community’s educational needs. They are also expected to help the school explain to the community what the school is trying to achieve for their children.
Schools may wish to add the following or insert their own skills as identified in their skills audit:
Membership of the GB will focus on a range of skills, experience and interests; this could include:
- Leadership role in education, governance or another sector
- Communication with a variety of audiences
- Innovation, research
- School financial management
- Personnel management
- Special educational needs
- Buildings and maintenance
- Health and safety
- Marketing
- Literacy, maths
The term “staff’’ refers to any member of the school’s staff.
What is the role of a governing body?
Establishing the strategic direction, by:
- Setting the vision, values, and objectives for the school
- Agreeing the school improvement strategy with priorities and targets
- Meeting statutory duties
Ensuring accountability, by:
- Monitoring progress towards targets
- Carrying out the Performance Management of the headteacher
- Engaging with stakeholders eg. parents, staff and the wider school community
- Contributing to school self-evaluation
Ensuring financial probity, by:
- Setting the budget
- Monitoring spending against the budget
- Ensuring value for money is obtained
- Ensuring risks to the organisation are managed
The governors, together as a body, have a range of legal responsibilities, being a governor is an important commitment and the Local Authority will provide induction training.
What is expected of governors?
- To acknowledge that accepting office as a governor involves the commitment of significant amounts of time and energy.
- To strive to work as a team in which constructive working relationships are actively promoted.
- To observe complete confidentiality when matters are deemed confidential or where they concern specific members of staff or pupils, both inside or outside school
- To accept collective responsibility for all decisions made by the board or its delegated agents. This means that we will not speak against majority decisions outside the governing board meeting.
The governors, together as a body, have a range of legal responsibilities, so being a governor is an important commitment and new governors should be willing to attend training to help them learn what is entailed. For more details of governors’ responsibilities please see the DFE website and download the Governors’ Handbook.
Do Staff Governors have Special Responsibilities?
No. Staff Governors do not have “extra” duties. All governors are equally responsible and discharge their responsibilities as a body, not individually. The Staff Governor speaks as staff: they can’t speak for all staff. All governors, including staff governors, must act in the best interest of the all pupils in the school.
Are there any restrictions which could disqualify staff from becoming Staff Governors?
Yes, but they are unlikely to apply to most staff considering becoming a staff governor. The restrictions are contained in the School Governance (Constitution) (England) Regulations 2012 Schedule 4, and subsequent amendment Regulations. A copy of these is attached as a Self Declaration Form. Staff putting themselves forward for election will be required to sign this form and return it with a nomination form. If any of the restrictions apply you should not proceed with your nomination as a governor.
Can you be removed from office?