Academy Governance “key responsibilities for academy governors” Emma Swann Education Solicitor

Role of governing body Department for Education (DfE) and Ofsted – have both recently emphasised the importance of the role of governing bodies Key areas for academies to consider?

Functional A new governors handbook was published by the DfE in September 2014 Sets out 3 strategic functions for governing bodies: 1) Setting the academy’s vision and ethos 2) Holding the head teacher to account on school performance; and 3) Overseeing financial performance

Vision and Ethos Role of the governing body is to set the academy’s vision, ethos and strategic framework Governing body should sign off policies, plans and targets to achieve strategic priorities Governing body responsible for reviewing progress

Educational Performance Governing body should hold the senior leadership team to account for school performance Questions?

Receiving Data Governors must at least once a year see objective data from external sources to evaluate the school’s performance

Sources of data Ofsted reports Schools and Colleges performance tables RAISE online

Financial Performance Governing body is responsible for ensuring their schools money is well spent Questions?

Academy Trust An academy trust is a company ltd by guarantee Exempt charity Duties as company directors and charity trustees

Duties of Company Directors Directors duties are set out in the Companies Act Duties include: To act within powers To promote the success of the company To exercise independent judgement

Duties of Company Directors To exercise reasonable care, skill and diligence To avoid conflicts of interest To declare interests in proposed transactions Not to accept benefits from third parties

Duties of Charity Trustees To comply with the law To act in the best interest of the charity To use reasonable care and skill

Duties of Charity Trustees To safeguard assets To act personally Not to profit

Practical Tips Governors should: Regularly attend meetings Receive appropriate training Be familiar with the Articles of Association, Funding Agreement and Academies Financial Handbook Monitor and review compliance with policies

Emma Swann Education Solicitor Paris Smith Tel: