Somerset Governor Services
Roles and responsibilities
for Academy Governing Bodies
BSteelFebruary2012
Introductions
•
•
What do you hope to learn from this
session?
Feedback
BSteelFebruary2012
Aims: governors will
•
•
•
•
Understand the distinction between the
role of the Trustees and the role of the
Governing Body
Understand the roles of an Academy
governor
Ensuring statutory duties met
Identify 2-3 actions they might suggest for
developing themselves and/or their
governing body
BSteelFebruary2012
Terminology
•
•
•
•
MofA = Memorandum of Association – this is the
document which identifies the membership of the
Academy trust
AofA = Articles of Association – this is the
document which identifies the way in which the
Academy will carry out its objects
Funding Agreement – is the 7 year contract
between the Academy and the DfE
GTTL – The Guide to the Law for School
Governors
BSteelFebruary2012
•
Who’s Who?
Trust Members are:
– Those who signed the M of Association
– A stated number of members appointed by foundation or other
appointing body
– Persons appointed by SoS – in exceptional circumstances
– Chair of Governors
– Members of the Trust can appoint and remove additional members as
they see fit by unanimous agreeming, in writing.
•
•
•
Members of a GB may also be the Directors of the Trust
Minimum number of Directors is 3 (they are the people
who sign the Memorandum of Association.
Governors – Elected and appointed – minimum of 3 – no
maximum number (unless stipulated in the Articles)
BSteelFebruary2012
What are the significant distinctions
between the Trustees and the GB?
Trustees Responsibilities
•Hold the land and assets on trust on behalf of
the Academy / or comply with lease agreement
•Maintain the strategic direction for the Academy
Governing Body Responsibilities
• Strategic:
– Vision – where will the Academy be in three
years time?
– Relationship between the Governing Body
and the Trustees
•
•Ensure that the Academy complies with
charitable trust regulations
•Ensure that the Academy complies with
Company Law
•Ensure that the Academy fulfils its requirements
as outlined in the Memorandum of Articles and
Association and the Funding Agreement
•
Critical friend:
– Organising the ways in which challenge will
be undertaken internally and externally
Ensuring accountability to:
– To each other for agreed actions
– Students / Parents/ Trustees/ Staff/
Community/ YPLA / Secretary of State /
Ofsted
– The Local in relation to vulnerable and
disadvantaged young people
– The Diocese or other Sponsor
where appropriate
•Ensure that the Governing Body fulfils all its
employer responsibilities and any other statutory
requirements eg Health and Safety and
BSteelFebruary2012
Safeguarding
The Guide to the Law for school governors
is not a statutory requirement for
Academies.
DfE recommends that Academies are
mindful of its content in terms of good
practice and statutory responsibilities.
BSteelFebruary2012
How do you share the load?
•
•
•
•
•
Understand the different responsibilities of the Trust
and the Governing Body
– Ensure that governors are held to account for actions that have been
agreed
Stay strategic – eyes on / hands off
Between governing bodies (if appropriate)
Committees – are they fit for purpose now?
Possible alternatives:
– Individual governors delegated to act on behalf of GB
– Greater expectation on the Chair and Committee Chairs (executive
group)
• What could be the consequences of either of these and how
would you address them?
BSteelFebruary2012
Trust Procedures
•
•
•
•
•
•
•
•
AGM held at least every 15 months in addition to General Meetings
2 weeks notice unless 90% of voting members agree otherwise
Proxy can be appointed
Quorum is 2 members entitled to vote (can be proxy)
If a meeting is not quorate within half an hour from the time appointed
for the meeting, or if members leave during a meeting a meeting so
that it is no longer quorate, it is adjourned to the same day in the next
week at the same time and place or to such time and place as
determined by members.
A Governor, whether a member or not, is entitled to attend and speak
at any general meeting.
Decisions are made by a show of hands unless a poll is demanded.
Proxy votes may be used in a poll.
Any organisation which is a member of an academy trust may
appoint some-one to act on its behalf. They have the right to
participate and vote.
BSteelFebruary2012
•
•
•
•
•
•
•
•
•
•
GB Procedures (1)
The governing body shall have regard to but is not bound by guidance
on governance published by the Secretary of State
Subject to the Articles, governors may regulate proceedings as they
think fit
At least 3 general meetings must be held per year, convened by the
Secretary
Any 3 governors can requisition a meeting by writing to the Secretary
Notice of the meeting and the agenda are sent to the governors 14
clear days beforehand unless 90% agree to reduce this timescale
Chair or Vice Chair can call meetings at shorter notice to discuss
urgent matters
Resolutions or variations can only be discussed if on the agenda
If a meeting is adjourned, a further meeting must be called within 7
days to complete the business on the agenda
Quorum for meetings is 3 governors or 1/3 of the total number of
governors in office whichever is the greater.
If additional or further governors have been appointed by the
Secretary of State, (exceptional circumstances) they
must make up the majority of the quorum
BSteelFebruary2012
GB Procedures (2)
•
•
•
•
•
•
If the meeting is not quorate, governors may only fill vacancies or call a
general meeting
The quorum is 2/3 of the total number of governors (rounded up to a
whole number) to vote on:
– appointment of a parent governor
– removal of a governor appointed by the governing body (this does
not apply to parent governors)
– vote on the removal of the Chair
Decisions are made by majority of votes and the Chairman has a casting
vote
Resolutions passed must be signed by one or more governors
Agendas, draft minutes approved by the Chairman, signed minutes and
any report or other paper considered at a meeting should be made
available at the academy for anyone wishing to inspect them as soon as
is practicable.
Governors can designate minutes as confidential
BSteelFebruary2012
GB Procedures (3)
•
•
•
•
•
•
Governors can participate in meetings by telephone/video conferencing
provided
– they give 48 hrs notice and contact details
– governors have access to appropriate equipment
– if the contact cannot be made, the meeting can continue provided it is
quorate
Governors may be paid reasonable expenses – not foreign travel
Governors (and immediate relatives) may not receive payment for
goods or services
Employees can be appointed to the governing body and receive their
salary but no additional payment
They must withdraw from a meeting where their contractual
arrangements, pay or performance are discussed
Disqualification criteria similar to those for GBs of maintained schools
apply to academy governors
BSteelFebruary2012
Checking the statutory requirements – as
outlined in the Funding Agreement
•
•
•
•
•
•
•
Broad and balanced curriculum – including
following the agreed RE syllabus
Acts of worship and RE – as per maintained
schools
Equality and diversity
Learners with special needs and/or disabilities
Learners’ care and well-being - behaviour
Informing parents and carers
Safeguarding students and employees
BSteelFebruary2012
Financial Reporting
•
•
•
•
•
•
•
Accounts need to comply with the Charities Act and with
the Charities Statement of Financial Activities (SOFA)
Stewardship – internal and external financial controls next slide
Statutory Annual Accounts
Management Accounts
Data and Record Keeping
VAT
Required to know the rules and adhere to them
BSteelFebruary2012
Stewardship
•
•
•
Accountability for public monies
System of control – does the GB need to be
reviewing these - possibly improving on previous
methods
Checking of internal controls
– Responsible Officer?
– Audit Committee?
– Bought in Services? (though the GB is still accountable)
BSteelFebruary2012
Academy Controls
•
•
•
•
•
Financial Management and Governance
Evaluation (FMGE)
Policies – fraud, risk, continuity, gifts etc.
Statement of internal control
Internal and external audit controls
– See stewardship slide
Potentially in the future - Benchmarking
BSteelFebruary2012
Different types of accounts
•
Management accounts - FMGE – evaluation of
the Acadamy’s structure for financial
management
•
Statutory Annual Accounts – Statement of
Recommended Practice (SORP) – reflects the
activities of income and expenditure against
various headings and is submitted to the
Companies House.
BSteelFebruary2012
Statement of Governors Responsibilities
•
•
•
•
Governing Body reports and financial
statements
Safeguarding of the assets
Accounts reflect a true and fair record
Adequate records are maintained to
ensure secure financial monitoring takes
place
BSteelFebruary2012
Employment
•
•
•
•
•
Adherence to Employment Law required
Responsible for all costs relating to maternity,
pensions, redundancy
Must ensure staff are able to access the
Teachers’ Pension Scheme
New contracts for staff do not require STPCD
compliance
TUPE applies – any changes must be following
consultation with staff and unions
BSteelFebruary2012
Discipline
•
•
Power of members of staff to search pupils
extended
– Was – possession of weapon, alcohol, illegal drugs, stolen
property
– Now includes – any article which could cause harm or damage
to individuals / property
– Now includes as an ‘offence’ behaviour of younger pupils as if
they were of a criminal responsibility age
– Searches may be carried out by one member of staff – even if
of the opposite sex (under specific circumstances)
Electronic devices – data / files may be examine
and erased if there are good reasons to do so.
BSteelFebruary2012
Exclusion Appeals
•
Appeals Panels – to known as Review
Panels
– to be given power to reconsider or quash a decision
of the responsible body
– Allows for recommendations about what should go on
the pupil’s record
– Will apply to Academies
Detention
• No longer required to give 24 hrs written notice
BSteelFebruary2012
School Profile
•
No longer required
BSteelFebruary2012
Admissions
•
New admissions code applies from September
2013
• Appeals code applies to appeals lodged / heard
from 21st February 2011 onwards
• Radical overall – written from parents/students
perspective
Key Drivers
• Move towards “true choice”
• LA repositioned to become champion for parents
and families
• Autonomy for schools = more responsibility and
power but with accountability
BSteelFebruary2012
Musts for Admission Authorities including
the Local Authority
•
•
•
Formulate and consult on admission
arrangements (min 8 weeks between 1 November
and 31 March each year [preceding admission eg
2011/12 for 2013 admissions]
LA admission arrangements to be posted by 15
April
Exchange information so that LA can produce the
Composite Prospectus guides by 8th August each
year
BSteelFebruary2012
Key aspects of new codes
•
•
•
•
•
•
•
Removal of Stat Duty on LA to co-ordinate admissions
during academic year
School Admissions Forum no longer a statutory LA function
Freedom for “own admission authority schools” to increase
the Publicised Admission Number without consultation or
LA approval
LA can increase or decrease PAN of C, VC but must
consult with (at least) the GB of the school
“Anyone” can object to the Schools Adjudicator within the
statutory timeframe
Admission Authorities can name feeder primaries or middle
schools
Admission Authorities can priorities children of school staff
BSteelFebruary2012
Key aspects cont…….
•
•
•
•
•
•
•
Academy and Free Schools can prioritise the admission of Pupil
Premium children (FSMs)
Use of catchment areas to be determined by the Admission
Authorities (subject to consultation)
Admission arrangements need only be consulted on every 7 years
where there are no changes proposed
Fair Access Protocol ‘strengthened’ – supports LA role as
Champion for parents and families
Increased opportunity to breach the Infant Class Size limit –
multiple birth children / children of armed forces admitted during
an academic year
Random allocation to be used only as a ‘tie breaker’ where
remaining places need to be decided
Offer and refusal decision 16th April every year from 2014 – late
because it allows for Academy and Free School intakes
BSteelFebruary2012
Checking the statutory requirements –
Exclusions
•
•
•
•
•
•
•
•
The Academy Trust has to ensure that:
the Principal acts in accordance with the law as if the academy were a
maintained school
the LA is informed of an exclusion decision as is required of
maintained schools
the Principal and the GB have regard to the Secretary of State’s
Guidance on exclusions as if the academy were a maintained school
the academy sets up the appeal panel which must be impartial and
follow the Secretary of State’s Guidance – the panel’s decision is
binding on the academy
the GB is not expected to seek the advice of a LA Officer when
considering an exclusion
LA Officer may attend the hearing at the request of a parent
Money does not follow pupils permanently excluded unless an
Exclusion Agreement has been made with the LA to enable this.
BSteelFebruary2012
Maintaining a dialogue
Between the Governing Body and:
•
•
•
•
•
•
Trustees/Sponsors
Principal and other staff (relating to core business)
Employees (duty of care) / Students / Parents
The local community / other schools
LA on specific issues e.g. Admissions / SEN
etc
Any others?
BSteelFebruary2012
That’s all folks!
•
•
Further information or support can be
obtained from Somerset Governor
Services:
brendasteel@somerset.gov.uk
– 01823 355810
BSteelFebruary2012