Clerking Governor Panels Welcome Rebecca Walker & Clive Haines

Aims of this session To outline the processes for clerking the various types of panel To share good panel-clerking practice and tips What is a governor panel?

What is a governor panel? A governor panel is a sub-committee of the governing board. Panels are use where the law or school policy says a decision – usually relating to an individual - must be taken at Governing Board level. Academies state in their articles where decisions relating to an individual can be taken by a sub- committee rather than the whole board. Panels are also convened to hear parent and staff complaints (the last stage of the process)

Some types of panel pupil exclusion review panels staffing-related panels eg: - disciplinary, capability, sickness absence hearings - appeals hearings complaints panels eg: - parent complaints - staff complaints (grievance panels) school admission appeal panels

Some types of panel pupil exclusion review panels– DfE Statutory Guidance staffing-related panels – staffing policies - disciplinary, capability, sickness absence hearings - appeals hearings complaints panels – complaints/grievance policies - parent complaints - staff complaints (grievance panels) school admission appeals panels – admissions policy What are the key timescales and features?

Pupil Exclusion Review Panels Permanent & fixed term exclusions of more than 15 days in any term: panel must meet within 15 school days (ditto if the pupil would miss a national exam or school test.) FTEs more than 5 days per term: panel must meet within 50 school working days - and only if the parents make representations. Page 18-24 Outcome letter - parents to be notified without delay IRP appeal deadline - 15 school days from when the parents are deemed to have received the outcome letter.

Staffing Panels – disciplinary etc Schools must have formal staffing procedures – usually adopted from their LA/MAT’s model procedure. HR supports throughout the process. Timescales for hearings are usually indicated in the procedure. The general principle is avoidance of undue delay wherever possible. Similarly, there may be a timescale for producing the outcome letter (typically 5 working days). Where there’s the right to appeal a deadline will usually be given -> APPEAL PANEL: governors without prior knowledge

Complaints / grievance panels Grievance panels are different from other staffing panels. HR may not be involved in panel meeting. All schools must have a school complaints procedure, and the last stage must be a panel. Academies must have someone independent of the school on their complaints panel. Good procedures will have timescales for each stage, to help set the expectations (does yours?)

Key themes for all panels 3 to 5 governors (normally 3) – and they must not have ‘prior knowledge’ Staff governors are generally not suitable for panels (either due to colleague confidentiality on staffing panels or due to ‘conflict of interest’ / ‘perceived impartiality’ on exclusions/complaints panels.) Clerks with an in-school ‘staff’ role shouldn’t clerk staffing- related panels. Do you have a reciprocal arrangement? Governor availability can be a major factor in putting together a panel.

But there are also key differences: Eg: pupil exclusions: The statutory guidance is very specific on what must be done and when, to comply with the law relating to pupil exclusions. The appeal process is an external one (Independent Review Panel) – the clerk of the IRP cannot be the same person who clerked the governor review panel. Working through the process for a pupil exclusion panel: (Discussing where there are general themes, as we go…)

Pupil exclusion panel: start of process The headteacher must notify the governing board without delay of a >15 day FTE or permanent exclusion. What’s your school’s process for this”? The clerk then liaises with the school to make the arrangements but NOTE the correspondence comes from the clerk. How will you & the school work together?

Pupil exclusion panel: start of process On the day of the exclusion, the headteacher writes to the parents and explaining [amongst other things] what their rights are to a review by the Governing Board. These rights and timescales vary depending on the length of exclusion. Worth checking (tho’ school’s responsibility NOT clerk’s): does your school have a selection of template letters for the different lengths of exclusion? Permanent Exclusions - has the child’s ‘home LA’ (if not the same as school’s) also been notified?

Pupil exclusions: the invite letter The following must be invited to the review meeting: the parents, who may choose be accompanied by a friend or representative if they wish (the letter should ask them to notify you as to who will be accompanying them.) the headteacher (can also choose to have representation) for maintained schools: Local Authority representative (for academies: parents may request the LA attends) ALSO: email a confirmation of time, date and venue to the panel governors; and the back-up date/time to keep free.

Pupil exclusions: the invite letter The statutory guidance says: “The board must make reasonable endeavours to arrange the meeting for a date and time which is convenient to all parties.” How will this be established? Do you have a back-up date ready? “The board must make reasonable adjustments to support attendance and contribution.” How will the parents let you / the school know about any accessibility or other requirements (eg having a translator present)?

Pupil exclusions: the invite letter “The board must identify the steps they will take to enable and encourage the excluded pupil to attend the meeting and speak on their own behalf (such as providing accessible information or allowing them to bring a friend), taking into account the pupil’s age and understanding; or how the excluded pupil may feed in their views by other means if attending the exclusion meeting is not possible.” Does the letter say the pupil is encouraged to attend? Does it say parents can submit documentation in advance? Does it say what to do if parents wish to call witnesses?

Pupil exclusions: the ‘PEX / FEX’ pack “The board should ask for any written evidence in advance of the meeting…” and “…where possible, circulate any written evidence and information, including a list of those who will be present, to all parties at least five school days in advance of the meeting” The clerk collects, collates and sends out the PEX / FEX pack. What should the PEX / FEX pack contain?

The ‘PEX / FEX’ pack Confirmation of date, time, venue and who will be present at the meeting (names where possible). The school should provide the rest including: All documentation relating to the head’s decision to exclude - eg exclusion letter(s), incident report(s), witness statements (see next page) behaviour logs and support plans, pastoral support programmes etc Information relating to any SEND the pupil may have, and what the school is doing to meet these needs. Behaviour and SEND policies

The ‘PEX / FEX’ pack Children’s confidentiality: Names of pupils/children other than the expelled pupil should be redacted in the PEX/FEX pack for confidentiality reasons. Reports and typed up copies of witness statements can use Pupil A, B etc Where reports and statements have been redacted, the originals must be brought to the meeting and made available to the parties and panel as required. Witness statements must be signed. (Where signatures are redacted in the copies, see above.)

Sending out the PEX /FEX pack: The packs should be marked private and confidential and posted – to arrive within the 5 day deadline - to The parents The governors on the panel For maintained schools – the Local Authority using a tracking service (eg Royal Mail recorded or special delivery) or via hand-delivery. The headteacher also gets a copy of the pack. Clerk to keep a copy too - to bring to the meeting.

What if the parents send submissions? If any submissions from the parents/pupil are received before the review meeting, these should also be circulated to all parties as quickly as possible. If the parents wish to call witnesses, these requests should be considered and decided by the panel chair (and not unreasonably refused.) If the parents notify that they will be bringing legal representation, the clerk should advise the school as quickly as possible. The clerk can be very busy in the few days running up!

How about the panel members? Has the panel chair been agreed? This is a key role. Have the panel governors had previous experience at sitting on governing board panels? If not, could you run through the process with them, before the meeting, to build their confidence/understanding of their role? (Process only discussion – NOT about the exclusion itself)

How about the panel members? Have the governors attended a recent exclusion training session? Consider bespoke training? It’s not a legal requirement (yet) for the decision panel to be formally trained, and the statutory guidance is clear (and detailed) re what governors should take into account when making their decision. As a minimum: email the Statutory Guidance Doc to the governors and ask them to read pages 18-24. Bring a copy to the meeting! Longer term: exclusions training – 13th March 2019

Before the meeting: Double check all special requirements have been passed to the venue. Also ensure there will be water, boxes of tissues, spare pens and paper etc. Where possible, pass on confirmations/changes of attendance (are your lines of communication with the school working well?) Ensure you have way of contacting the panel governors on the day (eg mobile numbers). If there’s been no need for communication in the run up, consider sending them a reminder.

Meeting arrangements: The panel must sit together, the chair usually sits in the middle. Need a good sized table for papers etc. The headteacher and parents/pupil must enter the room at the same time – there must not be a pre- meeting (or the head chatting to panel members) The headteacher and parents/pupil should be placed so that neither has a more ‘favoured position’ in relation to the panel. Both parties seated across the table to the panel works well. The clerk needs to sit where they can see and hear well, as their accurate note-taking is a key requirement!

The meeting: The clerk should check with the chair that (s)he is comfortable with the chair role (ie keeping the proceedings on-track and atmosphere as informal as possible, giving everyone fair opportunity to participate and ensuring open/non-leading questions are asked.) Would the chair like a crib sheet of running order? If witnesses are to be called, they will brought in to join the meeting at the appropriate point. The clerk may need to manage this during the meeting. The clerk’s main role is to take comprehensive and accurate notes which will become the formal minutes.

Meeting agenda The chair welcomes all and makes the introductions The headteacher puts forward his/her case All present are invited to ask questions of the headteacher The parents / pupil put forward their representations All present are invited to ask questions of the parents Witnesses are called to attend at the relevant time to give their evidence - and all present are invited to ask questions.

Meeting agenda (continued) Summaries are invited from the headteacher and the parents, but the parents must have the last word. Everyone except the governors and clerk leave the meeting. The governors then make their considerations and reach their decision. The clerk supports the governors during the decision process by referring to his/her notes when asked. ALSO REFERENCE THE GUIDANCE. The clerk works with the governors to write the decision letter.

The decision letter “The governors should set out the reasons for their decision in sufficient detail for all parties to understand why the decision was made.” There are also statutory items which must be included in any decision letter where the panel has declined to reinstate a permanently excluded pupil. See the statutory guidance – plus decision letter templates. Use recorded/special delivery to post the decision letter. The clock starts ticking for appeal deadline on the 2nd working day after posting.

The minutes There is a statutory requirement that accurate minutes are taken to provide a true record of the meeting. Once the clerk has typed up the minutes, (s)he should send them to the chair of the panel, who should sign a copy as the true record of the meeting. The minutes are confidential and must be stored as such. However, they should be made available all parties who were present at the meeting on request. If there is an IRP (or a tribunal), the minutes will be supplied to that panel as the record of the original review meeting.

Post meeting: for the clerk to consider Are you going to be the point of contact to receive request to IRP for appeal (permanent exclusions only)? If so, watch out for the deadline and notify the school when it’s past. If no appeal has been received, the school can then remove the pupil from the school roll. Parents may also choose to notify the clerk in writing that they are not planning to appeal. You will NOT be the clerk to the IRP… so you need to have that person’s details for communication?

Recap: clerking elements for panels: Invite letter: the employee/complainant is invited to bring a friend or representative; as is the headteacher. Meeting arrangements: would an alternative, more neutral, venue be better than school? Are there special requirements? How are your lines of communication? Documentation pack: to be sent out to all parties no less than 5 working/school days before the meeting. Panel meeting: clerk’s notes are used during the decision- making and are used to generate the (confidential) minutes. Outcome letter: clear on decision. Clear on why governors arrived at decision. States any right to appeal, and the process.

??? Any further questions? For advice and specific queries email: Rebecca.Walker@achievingforchildren.org.uk