Reconstitution of Governing Bodies
Damian Cunningham
Director of Schools
Diocese of Shrewsbury
Department of Education
The Regulations
1. What are the main changes in the 2012 regulations?
• Minimum of seven members of the governing body;
• Community governor category abolished, and co-opted governor
category created to be recruited on basis of skills;
• Minimum of two elected parent governors but there is no maximum;
• Maximum of one local authority (LA) governor, and governing bodies
allowed to set criteria for LA governors and reject nominees not meeting
the specification;
• Maximum of one elected staff governor (not including headteacher), but
other staff may be appointed as co-opted governors provided staff
(including the headteacher) comprise no more than one third of total
governing body;
Diocese of Shrewsbury
Department of Education
The Regulations
2. 2012 changes for a reconstituted voluntary aided school governing body
Foundation governors will still be appointed to voluntary aided schools in the
same proportions as under the 2007 regulations. This means that the
foundation body retains the power to appoint the majority of the governing
body in voluntary aided schools.
The most significant change is that there is no longer any requirement in
reconstituted governing bodies for the foundation body to appoint such number
of parents, that taken together with elected parents, comprise one third of the
governing body. This is because the requirement for one third of the governing
body to be elected parents has been removed in other types of school.
Diocese of Shrewsbury
Department of Education
The Regulations
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Therefore, minimum size:
2 elected parents;
1 LA governor (now appointed by GB after LA nomination);
1 elected staff governor;
Headteacher; and
7 foundation governors (no requirement to appoint parents as
FGs).
Diocese of Shrewsbury
Department of Education
Amplification of Statutory Guidance
4.1 Size and Membership
• GBs should be “no bigger than they need to be to have all the skills
necessary to carry out their functions”. This will be highly subjective of
course!
• Also “every member should actively contribute relevant skills and
experience.
• Governing bodies should conduct regular skills audits and use the
process of filling governor vacancies as an opportunity to address any
skills gaps”
Diocese of Shrewsbury
Department of Education
Amplification of Statutory Guidance
4.2 Skills
• The government has tried to define the skills we need.
• “The specific skills that governing bodies need to meet their
particular challenges will vary.
• It is therefore for governing bodies and other appointing persons
(Diocese) to determine in their own opinion what these skills are
and be satisfied that the governors they appoint have them skills
audit
Diocese of Shrewsbury
Department of Education
Amplification of Statutory Guidance
Experience has shown, however, that all governors need:
• a strong commitment to the role,
• the inquisitiveness to question and analyse, and the
willingness to learn.
• They need good inter-personal skills, a basic level of
literacy in English (unless a governing body is prepared to
make special arrangements), and
• sufficient numeracy skills to understand basic data.
Amplification of Statutory Guidance
Experience also shows that effective governing bodies seek to secure
or develop within their membership as a whole:
• expertise and experience in analysing performance data,
• in budgeting and driving financial efficiency,
• and in performance management and employment issues,
including grievances.
• They seek to recruit and/or develop governors with the skills to
work constructively in committees, chair meetings and to lead the
governing body.
• They set aside a budget to fund appropriate and necessary
continuing professional development for their members.”
Diocese of Shrewsbury
Department of Education
Possible Size of Governing Body
Foundation
Foundation governors have
overall control of the GB –
the GB must have a majority
of 2 over all other categories
of governor combined
7
8
8
9
10
Parent Staff
At least 2 Head + 1
2
3
2
3
3
2
2
2
2
2
LA
1
1
1
1
1
1
Co opted
Total
As determined by the GB and no
more than 1/3 can be staff where
they are also eligible to be elected
as staff governors when counted
with the staff governor and
headteacher
1
1
2
12
14
14
16
18
Diocese of Shrewsbury
Department of Education
Re-constitution
CES Guidance
CES Guidance for Catholic Maintained Schools – Reconstitution under 2012 Regs – issued
06 08 14
CES Model Governing Body Skills Audit
CES Update – Governance of a Catholic School
Re-constitution – The Process
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Governing Bodies need to conduct as skills audit (use CES)
Then decide the model for reconstitution
Staff Governors should be Headteacher +1
LA Governor – only one
Foundation Governors must always be in the majority by 2
There can be co-opted Governors – but Foundation must be still +2
There can be associate Governors – non voting
If there are surplus elected Governors (staff or parent) then there must be a re-election for
the required number of posts
If there are surplus Foundation Governors – then the skills audits must be submitted to the
Diocese and the diocese will decide which governors will no longer serve.
Once reconstituted the Governors must submit there new Instruments of Governance
(appendix A & B in CES guidance) to the Diocese for approval.
Once approved by the Diocese it will be sent to the LA and then returned to the school.
The governing body must check the Edubase database to ensure that all the school’s details
recorded on the Edubase database are correct, and particularly that the school’s name
appears exactly as it does on the Instrument of Government and that the religious
designation is correct