Regulation of the Constitution of Governing Bodies
Regulations and statutory guidance on constitution were issued in May 2003. The regulations apply both to schools and to maintained nursery schools. The aim is to increase flexibility, especially over the size of the governing body. The regulations cover the composition of governing bodies, eligibility, terms of office, instruments of government and transitional arrangements.
A brief summary of the requirements is as follows. The number of governors may be between 10 and 20. Foundation governors must always be in a majority of two. At least one fifth of foundation governors must be eligible to be elected or appointed as parent governors (see Regulations for criteria of eligibility). At least one third of the governors must be ‘parent governors’ (including those foundation governors so eligible). At least two of the governors, and no more than one third, must be staff governors, including the head and also a teacher, if one stands. Up to one tenth of the governors must be LA appointed governors. Other optional categories include sponsors (who can vote) and associates (with very limited voting rights). The statutory guidance illustrates membership combinations that meet these requirements.
The normal term of office is four years but this can be varied. If the term is lower than four years for any category of governor, this must be recorded in the instrument of government. Also, a governor joining midway through a cycle has to be appointed for the full period for that category of governor, not for the outstanding period.
Reconstituting the Governing Body in Diocesan Schools
The Diocese reconstituted all diocesan governing bodies of maintained schools by September 2005 (with the majority during 2004-05). The next major round of reconstitution will be for 2009. The instrument of government must be approved by the foundation governors and submitted to the Trustees. Once it has been through the approval process, the LA is responsible for checking the instrument against legal requirements and setting it in place.
Copies of the statutory guidance are available on the DfES website www.governornet.co.uk. Regulations issued August in 2004 allowed VA schools to set up collaboration or federation among governing bodies. This would allow joint committees, a single governing body for two schools. Schools considering such arrangements must consult with the Schools Service. The CES recommends that formal federations should only be undertaken with other Catholic schools.
Devising an instrument of government
The instrument of government defines the composition of the governing body and the terms of office and removal from office. The instrument also identifies the school as a Catholic VA school under the Diocesan Trustees and states the nature of religious education and worship to be provided. It is essential that a CES model instrument should be used, in order to ensure that the instrument legally enables the governors to fulfil their responsibilities to the Trustees. The CES has issued model instruments of government for VA schools. These are available on the CES website www.cesew.org.uk.
The governing body is free to choose its own size within the range of 10-20. The CES model instruments take the form of 20 ‘precedents’ or permissible variants. The possible combinations of governor categories and numbers (including foundation governors) are laid out for each size of governing body between 10 and 20. Well before September 2005, governors should choose from the variants to suit their needs and prepare a draft instrument for the approval of the Bishop and Trustees. The Schools Service will provide briefing and advice from the autumn of 2003.
Schools considering appointing persons to the categories of ‘sponsor governors’ (persons who give substantial assistance to the school) and associate should consult first with the Schools Service. Care should be taken before their appointment to ensure that they understand and accept the Catholic character and values of the school. Appointing such governors may be relevant to an intention to provide community services.
‘Associate members’ can be pupils or staff. They can also be persons with relevant experience or expertise. Although associates do not appear on the instrument of government, care should be taken before their appointment to ensure that they understand and support the Catholic character and values of the school. Associates over 18 years of age can be given voting rights on committees at appointment, but may not vote on admissions, pupil discipline, election or appointment of governors, or the budget and financial commitments of the governing body.
Regulation of the Procedures of the Governing Body
New regulations and statutory guidance on governing body procedures were issued in June 2003. The regulations revoked the School Government Regulations (1999). The changes were effective from September 2003. The purpose of the changes was to deregulate the governors’ proceedings as much as possible in order to increase flexibility of operation. The following is a summary of the areas covered by the regulations and statutory guidance. These documents are brief, clear and detailed. It is best to read them directly.
Appointment, functions and removal of officers
The role of the chair and vice chair
The chair and vice chair: election, removal, terms of office, urgent delegation
The role of the clerk
The clerk: appointment, functions, removal
Meetings and proceedings
Right to attend
Convening meetings, quorums, voting, minutes and papers
Restrictions on persons taking part in meetings of governors and committees
Suspension of governors
Delegation of governors’ functions to committees and individuals
Committees of governing bodies
Application to staffing functions
Establishment of committees
Appointment and removal of the clerk to committees
Functions of the clerk
Right to attend
Convening meetings, quorums, voting, associate members, minutes
Restrictions on persons taking part in proceedings
Restrictions cover pecuniary interest, appointment and suspension of office.
Some of the key aspects of the revised procedures are as follows.
- The chair has a role in fostering an effective relationship with the headteacher based on trust and mutual respect for each other’s role.
- Persons paid to work at the school and pupils are not eligible to be chairs of governors.
- The governing body determines the terms of office of the chair and vice chair.
- The governing body must appoint a clerk to the governing body and to each committee that it sets up. This can be the same person or different people.
- Governors can be clerks to committees; heads cannot be clerks.
- The governing body decides how often and for how long it should meet, subject to holding at least three meetings each year.
- The quorum for the governing body is at least half of the number of governors including vacancies.
- The quorum for committees is at least three committee members.
- Governors can vote to suspend a governor for a period of up to six months.
- The prohibition on serving on more than two governing bodies no longer applies.
Delegation of Governors' Functions
The governing body can delegate any of its statutory functions to a committee, a governor or the headteacher, subject to prescribed restrictions. The governing body must review its delegation arrangements annually and it remains accountable for decisions taken. Committees or individuals exercising delegated functions must report back on decisions and action taken.
The governing body cannot delegate functions related to the constitution of the governing body, the appointment and removal of the chair or vice chair, the appointment of the clerk, the suspension of governors, the delegation of functions, and the establishment of committees. The following functions can be delegated to a committee but not to an individual: alteration, closure or change of capacity; approval of budget plan for financial year; school discipline policies; exclusion of pupils (chair has emergency power); admissions.
Delegation of Staffing Matters
The new regulations on governors’ procedures do not apply to committees established by the governing body to deal with matters that affect individual members of staff, rather than the school staff as a whole. ‘The delegation by a governing body of its functions relating to the appointment and dismissal of staff, and staff grievance, capability, conduct, discipline and suspension matters will be covered by the School Staffing Regulations 2003’ and accompanying guidance.
It is expected that, under the new staffing regulations, governors will delegate the appointment and dismissal of staff to the headteacher. Governors will continue to be involved in head and deputy appointments, dismissal of heads and dismissal appeals. However, delegation may be more limited where the governing body of a ‘faith school’ has a policy for governor involvement, in the interests of preserving the school’s religious character. This provision is likely to apply at least to assistant head, RE and pastoral appointments. (see section on Staffing)
Understanding the Nature of Governors' Work
The role of governors has developed considerably over the past few years. In 1996, the DfEE published ‘Guidance on Good Governance’, which largely laid out good administrative practice. In 2000, the DfES published ‘Roles of Governing Bodies and Headteachers’. This clarified how the roles of heads and governors should complement each other. The distinction has been described as ‘strategic’ versus ‘operational’. The governors’ role has been described as that of a ‘critical friend’ to the school. More recently, the governors’ role in school self evaluation and accountability has been emphasised.
A national training programme for new governors was launched in 2003. It centres on the areas of (1) strategic role, (2) critical friend and (3) ensuring accountability. In diocesan schools, governors’ work in these three areas necessarily includes a focus on the Catholic character of the school. The Diocese has produced a self evaluation schedule to support this aspect of governors’ work. It is also used in Section 48 inspections. Diocesan induction seminars for new governors are designed to complement the national training programme by explaining how their strategic role applies to promoting and maintaining the Catholic character of the school.
The Special Role of Foundation Governors
Although all of the governors have the responsibility to promote and maintain the school’s Catholic character and mission, the foundation governors have special responsibility in this area. The CES document ‘Governing a Catholic School’ (1998) gives this summary of their role.
‘Foundation governors are appointed by the Bishop specifically to ensure:
- that the religious character of the school is preserved;
- that the school is conducted in accordance with its trust deed (ie the diocesan trust deed);
- that the religious education curriculum is in accordance with the bishop’s policy for his diocese, based on the Bishops’ Conference Curriculum Directory.’
‘It is important for them to:
- know and implement the bishop’s policies on education including religious education;
- understand and promote the distinctive nature of Catholic education;
- secure the long term future of Catholic education.’
Foundation governors in voluntary aided schools with a religious character have additional legal duties. They are:
- in employing teachers, ‘whenever possible, they should appoint Catholic teachers in order to promote and maintain the Catholic ethos of the school.’ They must appoint practising Catholics to the posts of headteacher, deputy headteacher and coordinator or head of religious education.
- admitting children ‘first and foremost on religious grounds’, by giving priority for admission to baptised Catholic children;
- ensuring that the whole curriculum, including religious education, ‘is taught in the light of gospel values and actively promotes the spiritual and moral development of the pupils’.
Criteria for the Appointment of Diocesan Foundation Governors
To be a foundation governor in this diocese, a person must:
- be a practising member of the local Catholic community;
- have a genuine belief in the importance and value of Catholic schools;
- support the policies of the Bishop regarding Catholic schools;
- be willing to serve the school and contribute in his or her own area of expertise;
- develop awareness of the role of the foundation governor;
- have an ability and willingness to work as a team member;
- be prepared to attend regularly at meetings;
- be prepared to attend appropriate governor training courses.
A person is ineligible if he or she is disqualified under any of the provisions of the Constitution regulations relating to all governors. These cover aspects such as being under 18, having low attendance, having criminal convictions, having a disqualification from working with children, having other disqualifications due to bankruptcy, etc, and refusing to undergo a criminal record check if required.
In addition, the Diocese will not appoint a person as a foundation governor to a school where their spouse is an employee or where a close relative is already a governor. Other factors considered in the choice of foundation governors include the need to achieve a balanced governing body in terms of experience and professional background in relation to the needs of the school, representation of parish and other interests, and the proportion of governors who have children at the school.
Appointment process for foundation governors
This guidance applies to casual vacancies. Additional procedures apply to the general four yearly appointment round.
1. The foundation governor notifies the Chair of Governors or Clerk of his or her resignation. The Chair or Clerk notifies the Director of the Schools Service.
2. The Director notifies the Vicar General and invites the Dean (secondary schools) or parish priest(s) (primary schools) to nominate candidates for the vacancy.
3. The parish priests approach those whom they wish to nominate. The parish priests forward the names and contact details of any candidates to the Director by a deadline date.
4. The Chair of Governors also seeks nominations and forwards the contact details of any candidates to the Director by the deadline date.
5. The Director sends out application forms to all candidates.
6. The nominees return their completed application forms to the Director, having approached their referees, ie the relevant parish priest, the Chair of Governors and the Head.
7. The Director copies the application forms to the Dean and parish priests for comment. Deanery priests are invited to submit any comments they may have on candidates directly to the Vicar General by a deadline date.
8. The Vicar General keeps a record of any comments received, so that they may be part of the evidence for the selection decision.
9. The Director assembles the completed application forms and references and submits them to the Director.
10. As necessary, the Director of Schools consults with the Chair of Governors, parish priests and others and returns the forms to the Director for submission to the Vicar General, together with any further comments or recommendations.
11. The Vicar General puts the candidates in an order of merit, using the formal selection criteria, obtains the decision of the Bishop and gives the Director the name of the successful candidate.
12. The Director notifies the outcome of the appointment process to the Dean and parish priests of the deanery, the Chair of Governors, the Head, the Clerk and the LA.
Sources of Guidance for Governors
There are many ways for governors to keep up to date with developments. Some of the most useful are as follows.
- Diocesan Bulletin (two per term)
- LA bulletins for governors (termly)
- CES website (www.cesew.org.uk)
- Diocesan and DfES/LA induction courses for new governors
- Diocesan governor training programmes
- LA governor training programmes
Calendar for meetings of governing bodies
A typical annual calendar is laid out in the Appendix. It includes the activities that are specific to church VA school governors and to Catholic governors in particular.
