Reconstituting Governing Bodies
2014
Guidance for Church
Schools
Portsmouth and Winchester Diocesan Board of Education
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
Background Documents
STATUTORY INSTRUMENTS
• 2012 No.1034 EDUCATION, ENGLAND The School Governance
(Constitution) (England) Regulations 2012
• 2012 No. 421 EDUCATION, ENGLAND The School Governance
(Constitution) (England) (amendment) Regulations 2012
• 2012 No. 1035 EDUCATION, ENGLAND The School Governance
(Federations) (England) Regulations 2012
GUIDANCE
• The constitution of governing bodies of maintained schools.
Statutory guidance for governing bodies of maintained schools and
local authorities in England, May 2014
All available on the Diocesan Website:
www.portsmouth.anglican.org/what_we_do/education/information_for_governors
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Required
• By 1 September 2015 all governing bodies
of maintained schools must have
reconstituted the Instrument of
Government using the 2012 regulations.
• The Instrument of Government (IoG) sets
out the membership of the governing body
and the origins of and the character of the
school.
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Required
• All new appointments must be based on the
skills needed by the Governing Body to
contribute to “good governance and the success
of the school”
• Please use the NGA’s ‘Skills audit and matrix’
tool to assist you.
www.nga.org.uk/Can-we-help/Free-governanceresources/Governance-tools/Skills-audit-and-matrix.aspx
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Contact the education team
• Before you start this process, please
contact the education team for advice and
guidance.
• Liz Hodson
02392 899 658
liz.hodson@portsmouth.anglican.org
• Emily Fletcher
02392 899 680
emily.fletcher@portsmouth.anglican.org
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2012 Regulations Categories
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2 parents (minimum number)
1 Head governor
1 Staff governor (only one)
1 LA governor (only one)
Foundation governors (number depends on status of
school)
Co-opted governors
Minimum size of a Voluntary Controlled school = 7
Minimum size of a Voluntary Aided school = 12
Community and Sponsor Governors no longer exist
No maximum number but government encouraging
smaller governing bodies.;
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When you have a draft IoG
When the governing body has created a DRAFT
instrument of government:
1.
Send a copy to the Diocesan Education Team for approval by
the Diocese.
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2.
3.
4.
We will also gain the approval of the trustees.
We will return the copy and a signed approval form ready for
foundation governor approval.
Gain the signed approval of the foundation governors.
Gain the approval of the whole governing body and send the
IoG and the signed approval form back to the Diocesan
Education Team.
The Diocesan Education Team will send the approved copy to
the local authority for final checking and signing.
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Flow chart and Approval Form
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Why?
The Coalition believes that smaller
governing bodies, similar to executive
boards, made up of people with the time
and appropriate skills will:
– “contribute to effective governance and the
success of the school”
Whilst we may not accept the Coalition’s main rationale :
• “Governing bodies should be no bigger than necessary to secure the range
of skills they need.”
There are some advantages to the 2012 regulations which we must all use
bearing in mind that a governing body determines its own IoG.
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Advantages
All Schools
• The governing body has greater choice in who is
appointed as a Governor.
• Any person or body appointing a Governor
MUST be assured that the person they appoint
has the skills the governing body needs.
• Voluntary Aided (VA) schools – no longer do a
proportion of the Foundation Governors (FG)
need to be eligible to be elected as a Parent
Governor at the time of their appointment as a
FG.
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Categories of governor
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Vicar as ex-officio foundation governor
Foundation governors
Headteacher governor
Staff governor
Local authority governor
Parent governors (minimum of 2)
Co-opted governors
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Category of governor
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Vicar as Ex-Officio
Foundation Govs
Headteacher
Staff governor
Local Authority
Parent
Co-opted
• The incumbent of the
church is placed on the
governing body by
default of their position
as priest of the church.
• They can be substituted
if necessary. This must
be agreed by the
Archdeacon concerned.
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Category of governor
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Vicar as Ex-Officio
Foundation Govs
Headteacher
Staff governor
Local Authority
Parent
Co-opted
• Foundation Governors are
usually nominated by the
parish and appointed by the
Diocese.
• Whilst it appears governing
bodies do not have a
choice, if the governing
body communicates with
the parish and tells them
the skills they need, then
the parish can seek out
suitable people.
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Category of governor
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Vicar as Ex-Officio
Foundation Govs
Headteacher
Staff governor
Local Authority
Parent
Co-opted
• The Headteacher has a
place on the governing
body by right of their
position as headteacher.
• A Headteacher can resign
their position BUT this does
not create a vacancy.
• A Headteacher can come
on and off the governing
body as they choose.
• A Headteacher can only be
Headteacher governor, they
cannot fill any other
category.
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Category of governor
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• The staff governor is
anyone employed to work
at the school.
• They are elected by a vote
of all the staff.
• They do not represent the
staff nor do they stand
alongside the headteacher.
• After the voting, the
governing body appoints
them to the governing body.
• If you have more than one
and you want to keep them
all, the surplus ones could
become co-opted.
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Vicar as Ex-Officio
Foundation Govs
Headteacher
Staff governor
Local Authority
Parent
Co-opted
Category of governor
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Vicar as Ex-Officio
Foundation Govs
Headteacher
Staff governor
Local Authority
Parent
Co-opted
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Your Councillor nominates the LA
governor for appointment by the
governing body. Your existing LA
governor will continue their
existing term of office. If you have
more than one and you want to
keep them all, the surplus ones
could become co-opted.
In theory a governing body could
reject the nominated person if they
believed the person did not have
the necessary skills to “contribute
to effective governance and the
success of the school.”
The governing body and the local
councillor would need to reach an
agreement at some stage.
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Category of governor
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Vicar as Ex-Officio
Foundation Govs
Headteacher
Staff governor
Local Authority
Parent
Co-opted
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•
Parents are elected by the parental
body but are appointment by the
governing body.
Paragraph 17 of the guidance states
”They (governors) need good interpersonal skills, appropriate levels of
literacy in English (unless a
governing body is prepared to make
special arrangements), and sufficient
numeracy skills to understand basic
data.”
Once appointed, a parent governor
cannot be removed.
Governing bodies must make sure
anyone considering being a parent
governor knows what skills they
need and what is involved.
If you have more than you need,
the surplus ones could become coopted.
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Category of governor
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Vicar as Ex-Officio
Foundation Govs
Headteacher
Staff governor
Local Authority
Parent
Co-opted
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The co-opted category allows a
governing body to find and appoint
people who have the time and
skills needed to ensure the
success of the school.
The governing body may appoint
as many additional co-opted
governors as they consider
necessary. However, the number
of co-opted governors who are
eligible to be elected or appointed
as staff governors under Schedule
2 must not, when counted with the
one staff governor and the
headteacher, exceed one-third of
the total membership of the
governing body.
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The regulations are
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At least TWO parent governors
The Headteacher (unless they resign their position)
One, and only one, staff governor
One local authority governor
Foundation governors (see next slides)
Co-opted governors
• Spreadsheets to assist with calculating the
various options can be found on our website:
www.portsmouth.anglican.org/what_we_do/education/information_for_governors
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Foundation Governors
B.
A key consideration in the appointment and election of all new
governors should be the skills and experience the governing body
needs to be effective. From page 4 of the Guidance
G.
Foundation governors have a particular purpose to safeguard the
character of the school and ensure it is conducted in accordance
with any founding documents, but otherwise every governor’s role
is to govern the school in the best interest of pupils, not to
represent the interests of the constituency from which they were
elected or appointed. From page 4 of the Guidance
•
Foundation governors need the skills to understand the ethos of
the school and its implications for the way it is governed. From page 7
of the Guidance
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Voluntary Controlled Schools
and Foundation Schools
• Must have at least TWO foundation
governors.
• This number includes the Vicar as exofficio foundation governor.
• The proportion of foundation governors
must not exceed one quarter of the total.
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Voluntary Aided Schools
• Must have the number of foundation governors
so that they outnumber all other governors by
TWO.
• This number includes the Vicar as ex-officio
foundation governor.
• Due to size limitations, it is likely that a VA
school will not have any co-opted governors so it
is vital that the governing body talks to the parish
about the skills needed by the governing body.
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Federated Schools
• A federation comprising only voluntary controlled
schools must include at least two (but no more
than one quarter of the total) foundation
governors.
• A federation comprising only voluntary aided
schools must include such number of foundation
governors as to outnumber all the other
governors by two.
• A federation comprising more than one category
of school including a voluntary aided school and
a voluntary controlled school must include at
least two foundation governors.
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Federated Schools
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The governing body of a federation must
include the following—
one parent governor elected from each
school in the federation
the head teacher of each federated school
unless any such head teacher resigns
one, and only one, staff governor
one local authority governor
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Key Messages
• The guidance emphasises that governors must
have the ability, experience, time and skills the
governing body requires.
• Governing bodies should be no bigger than
necessary to secure the range of skills they
need. Smaller governing bodies are likely to be
more cohesive and dynamic.
• Governing bodies must be proactive in finding
suitably skilled governors.
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Key Messages
• Governing bodies need to liaise closely with the
parish so that the parish only nominates suitably
qualified people to the diocese for appointment.
• Parishes may need to look to the wider church
community or other Christian churches in the
area for suitably skilled foundation governors. It
is still the PCC who signs the nomination form.
• Some schools produce a person specification for
the parish and the parish holds interviews to find
the best people to nominate.
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Key Messages
• In the past the vicar was always the chair of
governors, with the workload on clergy this is not
usually realistic.
• We do not recommend clergy take on the role of
chair of governors.
• Do parishes have a responsibility to nominate
people with the potential to be elected as the
chair?
• What impact will this have on the Christian
character and the success of the school?
Part 2
Part 1
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The Process
When the governing body has created a DRAFT
instrument of government:
1.
Send a copy to the Diocesan Education Team for approval by
the Diocese.
•
•
2.
3.
4.
We will also gain the approval of the trustees.
We will return the copy and a signed approval form ready for
foundation governor approval.
Gain the signed approval of the foundation governors.
Gain the approval of the whole governing body and send the
IoG and the signed approval form back to the Diocesan
Education Team.
The Diocesan Education Team will send the approved copy to
the local authority for final checking and signing.
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Terms of Office
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For people willing to continue and still having a place under the new
IoG, their position can run on for:
Foundation Governors
Parent Governors
Staff Governors
LA Governors
BUT NOT FOR
• Community Governors (cease to exist))
DOES NOT APPLY TO
• Clergy Ex-Officio (position because of job)
• Headteacher (position because of job)
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Surplus Governors
If there are too many governors for positions available on the new IoG
NEGOTIATE IF POSSIBLE TO GAIN SUFFICIENT RESIGNATIONS
• NEW IoG before to 1 Sep 2014 apply the juniority rule
• New IoG after 1 Sep 2014 must be an agenda item at a GB meeting (the old
GB)
• Foundation Governors – Any surplus in the number of foundation governors
must be resolved by the person responsible for appointing foundation
governors, i.e. the Diocese.
• Other governors e.g. Parents and Staff – “Any surplus in any other category
of governor must be resolved by a separate vote of the governing body on
each category in which there is a surplus. This vote must be specified as an
item on the agenda issued seven days in advance of the meeting. Governors
are not permitted to vote on their own category. The chair has a casting vote if
necessary. Governors declared surplus do not cease to hold office until votes
are cast on all categories in which there is a surplus.”
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LA Category
LA Category
• The DfE have said that the LA
Governors Term of Office will continue
into the new Governing Body.
• Any surplus LA Governors will need to
step down unless you want to keep
them. If so you could co-opt them is
you have co-opted spaces.
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Timing of Start of New IoG
• The GB needs to plan a date for the
commencement of new IoG which is as close
as possible to the next planned GB meeting.
• Ideally you need the old GB to cease on the
day before the new GB comes into life.
• Ideally the Commencement Date coincides
with a whole GB meeting. The New GB can
then appoint members to it.
• Without a GB meeting straight away there
might not be a quorate GB available to deal
with emergencies.
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Associate Members
ARE NOT GOVERNORS
• Associate members do not appear on the IoG.
• The governing body can decide if it needs the
skills of other members at any time (usually at
the beginning of the year).
• Associate members do not have voting rights on
the governing body but may have voting rights
on a sub committee.
• Associate membership could be used to grow
new governors, involve members of new
immigrant groups.
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YOU make the
difference.
Thank you for all you do.
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And finally…
Remember…
help is always at hand!
The Interim Director of Education: Richard Wharton,
richard.wharton@portsmouth.anglican.org
From September 2014
Rev Jeff Williams will be the Director of Education
Richard Wharton will replace Chris Pritchard as a school adviser
Assistant Director and Governance: Emily Fletcher
emily.fletcher@portsmouth.anglican.org
School advisor (admissions, appeals, buildings, trusts & finance): Liz Hodson
liz.hodson@portsmouth.anglican.org
School Buildings Officer: John Gorrie
john.gorrie@portsmouth.anglican.org
School adviser: Joyce Johnson
joyce.johnson@portsmouth.anglican.org
Please contact the office on: 02392 899 658
First Floor, Peninsular House, Wharf Road, Portsmouth, PO2 8HB
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