Policy for Appointing LEA Governors

Directorate of Education and Lifelong Learning

Policy for Appointing LEA Governors

November 2003

John Freeman

Director of Education and Lifelong Learning

Directorate of Education and Lifelong Learning

Dudley Metropolitan Borough Council

Westox House

1 Trinity Road

Dudley

West Midlands DY1 1JQ

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Policy for appointing LEA governors

Introduction

1.In accordance with the LEA Code of Practice on LEA-School Relations, the LEA is required to publish the process and criteria by which they select LEA governors. The Code also states that appointments should be made promptly when vacancies arise.

Experience

2.Nominees should have experience in at least one of the following areas:

• experience of education as a member of the teaching profession or non-teaching staff, or as a volunteer, in schools, further education, higher education or educational administration;

• experience of working in a local business, industry or trade union activity;

• experience of working in a voluntary capacity such as membership of the committee of a community association;

• experience in the wider community to meet local needs.

Commitment

3.LEA Governors must be committed to:

• Dudley children and their education, in particular all children in the school in question;

• the work of the LEA in partnership with local schools;

1. LEA Governors must behave in a way consistent with the rôle of an LEA school governor. This will include:

• working in partnership with fellow governors, the headteacher and senior managers to promote school improvement;

• being positive about and supportive of the school;

• keeping the interests of the school and all its pupils as a key focus;

• acting as a member of the governing body and adhering to its corporate decisions;

• attending all governing body meetings according to the governing body’s own pattern;

• serving on and attending committee meetings of the governing body;

• being actively involved in governor training.

Appointment criteria for LEA governors

1. A completed application form.

1. Consideration will be given to the extent to which the applicant reflects the school and its community.

7.LEA governors will not be appointed to serve in the school where they are also a parent.The rationale here is that all new instruments have an increase in parental representation. In appointing an LEA governor there is an opportunity for an external perspective. There is no legislation on this.( though there was to have been). Here we are simply saying that as a parent of a school age child you may be an LEA governor, but not in the school which your child attends.

8.LEA governors will not be appointed to serve in a school where they are employed. The 2002 Act and associated guidance papers makes it clear that an employee at a school working for more than 500 hours may only serve as a staff governor This has no bearing on the SOP about officers.

9.Where the vacancy has been filled remaining nominees will be considered for vacancies in other schools.

Appointment Procedure

10.All appointments will be made against the experience criteria outlined in item 2. Every applicant to be an LEA governor must complete and sign the application form.

11.Full vacancy lists are published at the start of each month for the main political parties and other community groups.

12.Nominations put forward by governing bodies themselves will also be considered against the criteria.

13.Each application is assessed on its merits. At the end of a three week period following the provision of vacancy lists, consideration will be given to all applicants meeting the appointment criteria. In the fourth week, the first appropriate form received will be submitted for appointment.

14.Appointments of LEA governors will be made by the Director of Education and Lifelong Learning in consultation with the Lead Member for Education and Lifelong Learning, and advised by the School Governance Team.

15.The School Governance Team will monitor appointments andextant vacancies on a termly basis and pass the outcome to DAGB and the political groups.

16. Existing governors - LEA governors will not be automatically removed at the end of their term. If they wish to stand fora further term, they will be asked to complete an application form and headteachers will be asked to provide feedback on the governors commitment. Provided that they continue to meet the criteria, they will be reappointed.

Removal of LEA governors

Background

18.LEA governors may be removed by the LEA in accordance with the Education (School Government) (England) Regulations 1999, regulation 18.

19.The LEA may remove an LEA governor with good reason, such as a failure to adhere to the commitment agreed to upon appointment; activity or behaviour likely to bring the school or LEA into disrepute; or disqualification in accordance with the statutory criteria or such other reason as the LEA considers being relevant to the post of LEA governor.

Procedure

1. In such circumstances the Director of Education and Lifelong Learning will investigate the proposed reason for removal.

1. The Director of Education and Lifelong Learning will inform the governor in question and the chair of the governing body, in writing, of the full reasons why removal is being proposed, inviting them to make written representations regarding the proposal.

1. The Director of Education and Lifelong Learning decides under delegated powers whether to remove them from the governing body and then writes with full reasons, indicating the governor’s right to appeal against the decision.

1. In the event of an appeal against a removal, the LEA will convene a panel to consider any appeal against the decision.

1. The panel shall consist of three members at least two serving governors unconnected with the appeal and the Shadow Lead Member for Education and Lifelong Learning.

1. The appeal shall be dealt with by written representation.

1. Within seven days of the panel meeting the governor will be notified of the decision.

1. The decision of the panel shall be binding on all parties.

Appendix 1

Directorate of Education & Lifelong Learning

Application Form for Selection as an LEA Governor (Please complete all sections)

Name: ______

Address: ______

Tel: (Daytime) ______(Evening) ______

Email: ______

School for which nomination is preferred: ______

Are you a parent of a child aged between 5-16 years?YesNo

If so, please state which school:

Are you employed in a school?Yes No

If so, please state which one:

Do you have an affiliation to a political party?YesNo

If yes, please state which one:

Nominated by: ______

(Name & Position)

______(Signed)

If you are not being nominated by a Political Party, Dudley School or Dudley School Governor please give the name and address of someone who could provide you with a character reference.

Name:

Address:

Please give as much information as you can in all the boxes below, continue on a separate sheet if necessary.

Previous service and current governorships:

Relevant experience: (i.e. details of employment, if retired previous employment, voluntary, community or other service)

Reasons for application:

If you are not successfully appointed to the school for which you have been nominated would you be willing to serve at another local school? (Please delete)

Yes/No

If so, please indicate your preference, if any, for type of school.

(Please delete)

PrimaryYes/No

SecondaryYes/No

SpecialYes/No

Voluntary Aided/ControlledYes/No

FoundationYes/No

I accept the commitments set out on page 2 of the Policy for Appointing LEA Governors.

SignedDate

Please return completed forms to: Carol Fletcher, Governor Support Officer, Directorate of Education & Lifelong Learning, Westox House, 1 Trinity Road, Dudley DY1 1JQ email: Tel: 01384 814367

Appendix 2

The appointment of additional governors

1.When an OFSTED inspection of a school places it in an adverse category (Special Measures or Serious Weaknesses) the LEA can appoint additional governors to strengthen the work of the governing body. Invariably, the governing body of such schools is, to a greater or lesser extent, ineffective in major aspects of its responsibilities. This document explains how these appointments are made and which governors are appointed.

2.Making use of inputs from, members of the governance team, SDAs, and pooled judgments of the School Performance Group we are able to identify potential additional governors according to the following criteria:

• a member of an effective governing body;
• an effective governor;
• experience relevant to the school in question.

Procedure

1. The Head of the School Governance Team contacts identified governors to enquire whether they will be willing to serve at the school named in that capacity.

1. The resultant names are forwarded to the Director of Education and Lifelong Learning for ratification.

1. The Head of the School Governance Team and the chair of governors will meet with the additional governor to discuss their rôle.

1. A letter of appointment will be sent to each additional governor, inviting the governor to arrange to visit the school and meet the headteacher and the chair of the governing body.

1. The chair of the governing body and the headteacher of the school will be sent a copy of this letter.

Support

1. Additional governors will have an initial meeting with the Head of the School Governance Team and the School Development Adviser.

1. They will also be invited to a termly meeting with the Head of the School Governance Team and the School Development Adviser to review progress and issues.

Appendix 3

Criminal Records Bureau (CRB) checks

In the Autumn Term 2002, the DfES issued an instruction that governors were not to be submitted for CRB checks. This was initially because of backlog and overload in the CRB agency. We have now learned from the DfES that they do not intend to proceed with CRB checks on governors. In the absence of this Dudley has decided to use a self-disclosure procedure.

This declaration must be handed to the headteacher for forwarding to the School Governance Team. The governor should also have available two forms of identification.

DudleyGovernor Declaration Form

Name:______

(maiden name if applicable or other name known by): ______

Address:

Postcode

Tel: Home Category of Governor

Worke.g. Parent/LEA etc.

School

(Please indicate if you already hold a position on another governing body and have been cleared/signed a similar declaration within the last six months.)

School:Position:

I declare that 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 currently detained under the Mental Health Act 1983;
• I am not a bankrupt or subject to a disqualification order under the Company Directors Disqualification Act 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986;
• 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 any body;

• I am not included in the list ("List 99") of teachers and workers with children or young persons whose employment is prohibited or restricted;
• I am not disqualified from being the proprietor of any independent school or for being a teacher or other employee in any school;
• I have not, in the five years prior to becoming a governor, received a sentence of imprisonment, suspended or otherwise, for a period of not less than three months without the option of a fine;
• I am not on the Sex Offenders Register;
• I have not, in the twenty years prior to becoming a governor, been convicted of any offence and has had passed on me a sentence of imprisonment for a period of not less than two and a half years;
• I have not, at any time, had passed on me a sentence of imprisonment for a period of not less than five years;
• I have not been fined, in the five years prior to becoming a governor, for causing a nuisance or disturbance on education premises;
• I am not subject to a disqualification order under the Criminal Justice and Court Services Act 2000.

In addition to the information above I confirm that I have provided proof of identity to the LEA/School (eg. birth certificate, driving licence or passport. Original documents must be shown – no photocopies.)

Date of Birth ______National Insurance No.

(to enable checks to be made against "List 99")

Signature of applicant ______

Date ______

Evidence seen and checked by (Capital letters and signature please)

______

Date ______

Important: Data Protection

The information you provide on this form is subject to the provisions of the Data Protection Act 1998. Where applicable, information entered will be forwarded to the relevant Education Unit for monitoring purposes, action or for a reply to be given.

Appendix 5

The Seven Principles of Public Life

From the ‘Second report of the Committee

on Standards in Public Life’, The Nolan Committee 1996

• Selflessness

Holders of public office should take decisionssolely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family or their friends.

• Integrity

Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in theperformance of their official duties

• Objectivity

In carrying out public business, including making public appointments, awarding contracts or recommending individuals forrewards and benefits, holders of public office should make choices on merit.

• Accountability

Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

• Openness

Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands this.

• Honesty

Holders of public office have a duty to declare any public interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects thepublic interest.

• Leadership

Holders of public office should promote and support these principles by leadership and example.

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