Charles Darwin Academy Trust

Scheme ofDelegation

Key points and summary

This documentoutlines:

  • The requirements of the Articles of Association regardingdelegation
  • The principles of decision making within Charles Darwin Academy Trust
  • The scheme of delegation within Charles Darwin Academy Trust
  • The respective roles of the directors, Local Governing Body and theHeadteacher

Approvedby:CDAT Board

Approvedon:22/09/17

1. Introduction and statement of intent

1.Charles Darwin Academy Trust believesthat:

a.The Board of Directors/Trustees should focus upon Trust strategy to enhancestudentperformance, operational efficiency, and learning between academies,includingTrustpolicies.

b.Strategic / policy decisions affecting an individual academy should be takenbythe Local Governing Bodies

c.Operational and managerial decisions should be delegated to theHeadteachers

d.The Headteachers should delegate operational decisions with a view tokeepingdecisionmakingasclosetotheoperationalimpactsaspossibleandtoensurestafffeel empowered to lead their areas ofresponsibility

2. Scope andapplicability

ThispolicyoutlinestheframeworkfordecisionmakingwithintheAcademyTrust.Itappliestoall Members, Directors/Trustees, members of the Local Governing Bodies andstaff at the schools operated by the Trust.

3. The Articles ofAssociation

TheArticlesofAssociationoutlinewhatcan,and cannot, bedelegated.

Charles Darwin Academy Trust uses the term Headteacher rather thanPrincipal.

4. Responsibilities under the policy

Board ofDirectors

TheBoardofDirectorsisabletoexerciseallofthepowersofCharles Darwin Academy Trust.Itisresponsible for the performance of theTrust.

The Board of Directors will offer support, constructive advice, a sounding board for ideas,asecond opinion on proposals and help where needed, but may also challenge, askquestions,seek information, improve proposals and so seek to arrive at the best solution for theTrust.

Committees

The Board of Directors may establish a structure of Committees as appropriate.TheseCommitteeswillactinanadvisorycapacitytotheBoardofDirectorsexceptwherepowershave been specifically delegated to them by the Board ofDirectors.

The Board of Directors shall establish the followingcommittees:

a.Finance & Audit Committee

b.Local Governing Body for each school, each of which shall establish sub-committees as required

7.Thetermsofreferenceforeachcommitteeare contained at Appendix 3.

Committees are expected to meet at least three times a year, with additional meetingsifrequired.ThefunctionsandproceedingsofthecommitteesaresubjecttoregulationsmadebythegovernorsfromtimetotimepursuanttothepowerscontainedintheArticlesofAssociation.

Chairs of each committee will be elected at the first meeting of the Local Governing Body in each school year. The Chair of anycommitteeestablishedat‘Trustlevel’mustbeaDirector;theChairofanycommitteethatreportstoaLocal Governing Body must be a voting member of that Local Governing Body.Eachcommittee will establish its clerkingarrangements.

ThecompositionofanyLocalGoverningBodyofanyacademywithinCharles Darwin Academy Trustmust meet the minimum criteria outlined in the Scheme of Delegation to the Articles of Association.

Anycommitteemayco-optadditionalcommitteememberswhoarenotDirectorsormembersofaLocalGoverningBody,buteitherDirectorsormembersofaLocalGoverningBodymustconstituteamajorityofthecommittee.Thecommitteewilldecidewhetherindividualswhoarenot Directors or members of a Local Governing Body are able to vote, but Directorsandmembers of a Local Governing Body must be a majority of those individuals voting onanyparticularissue.

Acommitteemaychoosetoestablishitsowncommittees;anysuchcommitteewillactinan advisory capacity to the committee that establishedit.

Headteacher andstaff

The Headteacher is responsible for the internal organisation, management and control oftheir academy, for advising on and implementing the Trust’s strategic framework, fortheimplementation of all policies approved by the directors or LGB and for the direction oftheteaching and the curriculum at the Academy. For these purposes the directors shalldelegatethose powers and functions required by theHeadteacher.

The Headteacher will formulate aims and objectives and policies and targets for the LGBanddirectorstoconsider,andtoreporttotheLGBonprogressateachmeetinginaccordancewitha schedule drawn up annually with the Chair of the LGB. The Headteacher will workcloselywith the senior management team to thisend.

The Headteacher and staff are accountable to the LGB and directors for theacademy’sperformance. The LGB and directors will be prepared to explain its decisions and actionstoanyonewhohasalegitimateinterest.Thismayincludestaff,pupilsandparentsaswellasthelocal authority or the Secretary ofState.

TheHeadteacherwillcomplywithanyreasonabledirectionbytheLGBordirectorswhenacting on the Trust’sbehalf.

The Headteacher will agree and monitor appropriate delegations of authority with otherstaff.

Appendices

Appendix 1: Decisionmatrix

Appendix 2: MAT structure

Appendix 3: Committee Terms of Reference

Scheme of Delegation

Appendix 1: Decision Matrix

Thefollowingtablesetsoutallthemainacademyfunctions.Foreachfunctionitsuggestsadecisionlevel.Thedecisionlevelsare:

  • BoD – Board ofDirectors (i.e. members of the CDAT Board)
  • Audit Committee - Finance & Audit Committee which has delegatedpowers
  • LGB – Local GoverningBody
  • LGB Com – Local Governing Body Committee which has delegatedpowers
  • HT -Headteacher
  • FO–Finance Officer via theHeadteacher
  • Other - otherindividuals.
  • Tick:!Recommendedlevel(s)ofdelegationorwherelawassignsspecificresponsibility
  • Star:☼Decisions are made without advice from theHeadteacher.

A = Accountable via delegated powers from Board ofDirectors

R=ResponsibleforundertakingtheactivityandreportingtotheAccountableindividual/Committee

Note:Actionstakenbyaproperlyconstitutedcommittee,ordelegatedtoanindividualgovernorortotheHeadteacher,aretakenonbehalfoftheBoard ofDirectors.

BoD / Audit Com / LGB / LGBCom / HT / FO / Other
Self-evaluation and strategic direction / Setting the values, vision and strategic aims for the Trust / !
Developing a format for each academy’s SDP / A
Developing a format for each academy’s SEF / A
Quality assuring self-evaluation processes for each academy / ! / A
Quality assuring the SDPs for each academy / ! / A
School improvement
Securing the best possible outcomes for every pupil in the academy / ! / A
BoD / Audit Com / LGB / LGBCom / HT / FO / Other
FinancialandOperationalManagement / Approving financial procedures in accordance withlegaland DfE requirements and bestpractice / !
Ensuring that the financial procedures areimplementedeffectively / !
Audit
Maintaining accurate, reconciled and up to date recordstoprovide financial and statisticalinformation / A
Audit / R
Establishing and maintaining asset registersinaccordance with financialprocedures / !
Ensuring that any disposal of assets complies withthefinancialprocedures / A
Audit / R
Maintaining a register or pecuniary and businessinterestsof governors andstaff / ClerkforBoD/LGC
Establishing and maintaining procedures foreffectiveaudit in accordance with legal and DfErequirements / ! / A
Audit
Receiving reports from audit inspections and theresultingActionPlan / !
Ensuring appropriate insurance arrangements in accordance with thefinancial procedures proceduprproceduresancialprocedures / ! / A
To approve the first formal budget plan each financialyearin accordance with DfEtimeframes / !
To monitor, review, and amend as necessary, theTrust’sactual financial performance throughout the year andatyearend / A
Trust / R
Audit / A
Eachschool / R
Ensuring all transfers between budgetheadings(virements) comply with the financialprocedures / A
Audit / R
Establishing and implementing procedures for staffandDirectors to claimexpenses / A / R
Approving a lettings policy andfees / !
Ensuring that any writing off of debts complies withthefinancialprocedures / A / R
Ensuring that all procurement processes andresultingcontracts and agreements conform with thefinancialprocedures / A / R
Authorising payments on receipt of correct invoiceswheregoods have been received to the correct price,quantityand qualitystandard / !
Retaining the appropriate financial records, andstoringthem appropriately, to comply with legal and / orDfErequirements / !
Approving applications for Business / CreditCards / !
Complying with VAT and CITregulations / A / R
To investigate financial irregularities (not involvingtheHeadteacher) / !
To investigate financial irregularities (involvingtheHeadteacher) / !
☼
To establish and implement a BuildingsMaintenancestrategy / !
To ensure compliance with Health and Safetylegislation / A / R
To set the academy day andyear / ! / A
BoD / Audit / LGB / LGBCom / HT / FO / Other
Governance / To appoint (and remove) the Chair and Vice-ChairofBoard ofDirectors / !
To appoint and dismiss the clerk to the Board ofDirectors / !
To appoint and dismiss the clerk to aCommittee / ! / ! / Eachcommittee
To appoint the Chair of aCommittee / ! / A / Eachcommittee
To appoint and remove co-optedDirectors / !
To appoint and remove co-opted members of LGB anditscommittees / !
To establish, approve Terms of Reference forcommittees / ! / A
To review at least annually the committee structureandany delegatedpowers / ! / A
To approve the Scheme ofDelegation / !
To approve the Financial Regulations andProcedures / ! / A
Audit / FGP
To approve the safeguarding policies and proceduresfortheTrust / !
To approve the Health and Safety policies andproceduresfor theTrust / !
To approve and circulate the AnnualReport / ! / A
HR/staffing / To approve the overall staffing establishment fortheacademy / ! / A
Establish and ensure accurate payrollmanagement / ! / Oversight / Oversight / A
Appoint theHeadteachers / !
☼
Performance management of the Headteachers(includingsalary) / ! / A
Approve the commencement of recruitment for postsotherthan the Headteacher that are within the approvedstaffingestablishment / oversight / oversight / !
Appoint staff who directly report to theHeadteacher / ! / A
Personnel
Appoint other teachingstaff / ! / A
Appoint other supportstaff / ! / A
Approve HRpolicies / ! / A
BoD / Audit / LGB / LGBCom / HT / FO / Other
Implement, monitor, review and propose amendmentstothe HRpolicies / ! / A
Personnel
Suspend or dismiss theHeadteacher(s) / !
☼ / Involvement
Suspend staff (besides theHeadteacher) / !
Dismiss staff (besides theHeadteacher) / Involvement / !
Approve any leaving payments (redundancy,dismissal,early retirement) in accordance with academypolicy / Involved / !
Audit / !
Studentdevelopment / To exclude a pupil (fixed term orpermanently) / !
To consult on and determine an admissions policy fortheacademy / ! / A
To ensure that there is a daily act of collectiveworship / !
To ensure that the curriculum complies with the legalandFunding Agreementrequirements / !
To receive any external assessments ofacademyperformance and any associated ActionPlan / !
feedback / !
Lead
To ensure the provision of free school meals toeligiblepupils / !
To adopt, implement and review any home –academyagreements / Involved / ! / A
To approve thecurriculum / !