Appendix 4

The Chair of the Governing Body

Introduction

The purpose of this guide is to provide basic information for newly elected chairs of governing bodies. Some of the advice and guidance will be familiar but it is hoped that it will provide a handy quick reference guide. The guidance is equally applicable to the role of vice-chair in the absence of the chair.NYCC offer training for all Chairs and those governors who feel ready to move into more senior positions on the governing body.

Role of the Governing Body

The governing body fulfils a largely strategic role and is summarised in the Governance Handbook as follows:

•Ensuring clarity of vision, ethos and strategic direction;

•Holding executive leaders to account for the educational performance of the organisation and its pupils, and the performance management of staff; and

•Overseeing the financial performance of the organisation and making sure its money is well spent.

Governing bodies are recommended to assess how well they are achieving these objectives and the best way to do this is by undertaking a programme of continuous self evaluation. To assist governing bodies with this the Office for Standards in Education (OFSTED)produces regular updates on their website

A skills audit tool is also available and can be used to assess skills gaps within the full governing body.The governing body should use the “20 Questions” to assess their work and inform the school development plan in terms of actions for the governing body. As well as assessing how well they are undertaking their own role, governing bodies should work with the headteacher on whole school self-evaluation.

Constitution of the Governing Body

Instrument of Government

The constitution of the governing body is set out in the Instrument of Government. All schools must have an Instrument which is a formal legal document that sets out the legal name and category of the school; the categories and number of governors in each category; their terms of officeand the date on which the Instrument of Government took effect. In foundation schools or voluntary schools with a religious character the Instrument also sets out the religious ethos of the school.

Under the School Governance (Constitution) (England) Regulations 2012, as amended in 2014 all governing bodies have must reconstituted under the new regulations. This had to be completed by 1st September 2015.

Categories of Governors

The categories of governors are set out below for individual schools:

  • LAGovernors -(one only) - nominated by elected members of the County Council (LA)butappointed by the governing body. They may be re-appointed when they have served out their term of office provided that they have not been disqualified. People eligible to be a staff governor at the school cannot be a LA Governor.
  • Elected Parent Governors– (a minimum of two) elected by the parents of pupils registered at the school and who are parents at the time of their election. “Parent” includes a carer of a child. The headteacher conducts the election on behalf of the LA. A person is disqualified from election or appointment as a parent governor if they are paid to work at the school for more than 500 hours in a school year (at the time of their election) or if they are an elected member of the LA. If insufficient parents stand for election the governing body can appoint a parent of a child registered at the school or if that is not possible; a parent of a former pupil at the school, or if that is not possible; a parent of a child of, or under, compulsory school age. The same applies in Special Schools except that the appointment criteria also includes; a parent of a child of or under compulsory school age with special educational needs for which the school is approved, or if that is not possible; a parent with experience of educating a child with special educational needs.Parent governors do not have to stand down if their child leaves the school nor can they be removed from office by those who elected them.
  • Elected Staff Governor– (one only)teacher or non-teacher staff governors are elected by and from amongst all staff paid to work at the school. The headteacher is responsible for conducting the election.
  • The Headteacher – unless the headteacher decides not to be a governor (no one else can take this position).
  • Co-opted Governors– appointed by the governing body to bring particular identified skills to the governing body. The number of co-opted governors who are eligible to be elected or appointed as staff governors must not (when added to one staff governor and the headteacher) exceed one-third of the total membership of the governing body.
  • Foundation Governors–appointed by the schools founding body, church or other organisation named in the Instrument of Government.
  • Associate Members– these are not Governors and are not recorded in the Instrument of Government. They are people appointed by the governing body for their expertise and experience to serve as members of committees established by the governing body. They are also entitled to attend meetings of the governing body. They can now be given voting rights on Committees but not on the full governing body.

If your school is in a Federation the 2016 Constitution Federation regulations apply where the numbers of elected parent governors are limited to two per federation. Potential eligible candidates from any of the schools within the federation can stand for election. This means that both elected parents could be from only one of the schools if no candidates stand for election from other schools within the federation.

Governor suitability checks

From 1stApril 2016, all governors (and associate members) upon election/re-election/appointment/re-appointment are Criminal Record Certificate (CRC) a Disclosure and Barring Service (DBS)(enhanced) checked.The Head teacher is responsible for ensuring that the checks are undertaken. The clerk will keep a record of governors’ DBS certificatesand remind governors, where necessary, if they need to renew their certificate. With respect to LA Governors any costs will be met by the LA. However, for current up to date information please contact Employment Support Services at County Hall.

Please see the HR schools website for further information or contact

Tenure of Office

The standard term of office for all categories of governors is 4 years but the governing body can decide to set a shorter term for individual categories. If the term is less than 4 years (must be not less than 1 year) then it must be recorded in the Instrument of Government. It is recommended that you have a copy of the Instrument of Government and check that all governors are correctly appointed or elected.

Removal from office/resignation

With the exception of elected parent and elected staff governors all governors (and associate members) can be removed from office. Different procedures apply in respect of different categories of governor and further advice should be sought from the clerk to the governing body. A governor may resign his/her office at any time. All governors can be suspended from the governing body under certain circumstances.

Suspension of Governors

The governing body can suspend any governor(s) including elected staff and parentsfor a period of up to six months in the following circumstances:

  • the governor is paid to work at the school and is the subject of disciplinary proceedings in relation to his/her employment; or
  • the governor is the subject of any court or tribunal proceedings, the outcome of which may be that he/she is disqualified from continuing to hold office as a governor under the Constitution Regulations; or
  • the governor has acted in a way that is inconsistent with the school’s ethos or with the religious character and has brought or is likely to bring the school or the governing body or his/her office of governor in to disrepute; or
  • the governor is in breach of his/her duty of confidentiality to the school or to the staff or to the pupils.

Disqualification of Governors

The Qualifications and Disqualification (School Governance (Constitution) (England) Regulations 2007) (see also Amendments and the 2012 Regulations) set out the criteria for qualification/disqualification as follows:

  • a governor must be aged 18 or over at the time of their election or appointment (an associate member may be under the age of 18);
  • a person cannot hold more than one governorship at the same school.

A person is disqualified from being a governor or associate member if he/she:

  • has failed to attend the governing body meetings for a continuous period of 6 months beginning with the date of the first meeting they failed to attend, without the consent of the governing body, this proviso does not apply to the headteacher or ex-officio foundation governors;
  • has had their estate sequestrated (temporarily repossessed) and the sequestration has not been discharged, annulled or reduced;
  • is the subject of a bankruptcy restriction order or an interim order or someone who is subject to a debt relief restriction or interim order
  • is subject to

a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986;

to an order made under section 429(2) of the Insolvency Act 1986 (failure to pay under a county court administration order);

to a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989;

to a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002.

  • has been removed from the office of charity trustee or trustee for a charity by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement, or under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 from being concerned in the management or control of any body;
  • is:

included in the list kept under Section 1 of the Protection of Children Act 1999 as amended (list of those considered by the Secretary of State as unsuitable to work with children);

disqualified from working with children or subject to a direction of the Secretary of State under section 142 of the Education Act 2002 (or any other disqualification, prohibition or restriction which takes effect as if contained in such a direction);

disqualified from registering for childminding or providing day care;

disqualified from registration under Part 3 of the Childcare Act 2006.

  • has been convicted, whether in the United Kingdom or elsewhere, of any offence and has been sentenced to 3 months or more in prison (without the option of a fine) in the 5 years before becoming a governor or since becoming a governor;
  • has at any time received a prison sentence of 5 years or more;
  • has received a prison sentence of 2½ years or more in the 20 years before becoming a governor;
  • has been fined for causing a nuisance or disturbance on education premises during the 5 years prior to or since appointment or election as a governor;
  • refusesa request by the clerk to the governing body to an application being made under section 113A of the Police Act 1997 for a criminal records certificate.

Each governor (and associate member) is required to complete a self-declaration form confirming that he/she is not disqualified from holding office. The completed forms should be held by the Clerk to the governors.

Non-attendance at meetings of the Governing Body

It will be noted that, with the exception of the headteacher, any governor who, without theconsent of the governing body, fails to attend a meeting of the governing body for a period of 6 months beginning with the first meeting that is missed is disqualified as a governor. The decision to give consent to the absence must be recorded in the minutes of the meeting.

LA, Co-opted, Foundation (other than ex-officio Foundation governors) and Sponsor governors who are disqualified for non-attendance are not eligible for re-appointment as a governor in any category for a period of 12 months immediately following his/her disqualification. Parent and staff governors may stand for election again immediately following their disqualification.

New Governors

Governing bodies need to have in place an induction programme for new governors. The chair has an important role to play in the induction process by making new governors feel welcomed and introducing them to the governing body and other relevant individuals/organisations.Some governing bodies appoint a mentor governor to be responsible for the induction process and the chair should ensure that new governors are able to access the mentor governor and obtain the information that they need for them to become effective members of the governing body.

Chair and Vice-chair

Who can be the Chair?

With the exception of the headteacher and any governor who is paid to work at the school, any governor can be elected as chair of the governing body.

Role of the Chair

(Taken from the School Governance (Roles, Procedures and Allowances)(England) Regulations 2013 – departmental advice)

  • The chair, with support from the vice chair, is responsible for ensuring the effective functioning of the board. It is the chair’s role to give the board clear leadership and direction, keeping it focused on its core functions. Chairs should encourage governors to work as an effective team, building their skills, knowledge and experience. They need to ensure that all governors are actively contributing relevant skills and experience, participating constructively in meetings, and playing their part in the work of any committees. It is their role to make sure every governor knows what is expected of them and receives appropriate induction and training. It is for the chair to have honest conversations, as necessary, if governors are not pulling their weight.
  • The chair must not exercise as an individual any of the functions of the board except where this has been sanctioned by the board, or in the specific circumstances permitted in the regulations. The chair is permitted to act in cases of urgency where a delay in exercising the function would be likely to be seriously detrimental to the interests of the school, a pupil, parent or member of staff.
  • The regulations set out the procedure for appointing a chair and vice-chair from among the existing members of the board. The focus should be on appointing someone with the skills for the role, not just the willingness to serve. It is possible to appoint more than oneperson to share the role of chair, or similarly the role of vice chair, if the board believes this is necessary and in the best interests of the school. The board would need to ensure that any role-sharing arrangement does not lead to a loss of clarity in its leadership.
  • Succession planning arrangements should be in place so that any change in the chair does not impede the board’s effectiveness. Although the regulations do not place any restrictions on this, boards should consider carefully how many times they re-elect their chair to a new term of office. In some circumstances, a change of chair may be necessary for the board to remain invigorated and forward looking.
  • The board may decide that none of its existing members has the appropriate skills to serve as its chair. Nothing in the regulations prevents boards advertising for and recruiting a highly skilled chair from outside its current membership. The successful candidate would need to be appointed to a vacant position on the board prior to being elected as chair in accordance with the regulations.

Election of the Chair and Vice-chair

The chair and vice-chair must be elected at a meeting of the full governing body. Every governing body is free to adopt its own procedures for the election of the chair and the vice-chair. It is recommended that this is done by secret ballot. A suggested procedure is set out in the booklet “Standing Orders and Code of Practice for Governors”. See Appendix 5.

Term of office of the Chair and Vice-chair

The chair and the vice-chair may be elected to serve for a term of office of between 1 and 4 years. This is a matter for the governing body to determine, usually at the first meeting in the autumn term at the expiration of the current term of office but before the election of the chair and vice-chair. The chair and vice-chair may stand for re-election at the end of their term(s) of office. One point to bear in mind is the relationship between the term of office as a governor and the term of office of the chair. For example a governing body may wish to elect its chair and/or vice-chair for a 3 year term but the governor proposed for election may only have an unexpired term of office of say 6 months and would therefore cease to be chair/vice-chair at the end of his termas a governor. In these circumstances the governing body should determine whether the new chair should serve out the unexpired term of his/her predecessor.

Absence of the Chair or/and Vice-chair from a meeting

If the chair is absent from the meeting then the vice-chair takes the meeting. If both the chair and the vice-chair are absent then the governing body elects a governor present at the meeting to act as chair for that meeting (but not the headteacher or a governor who works at the school). The person elected as chair for the meeting has all the authority of the chair. If the governing body fails to elect a chair for the meeting then the meeting stands adjourned and should be reconvened at a later date.