Governing Body Reconstitution Briefing for Schools 24 September 2014

Requirement to reconstitute DfE Statutory Guidance Covers governing body – Size; – Membership; – Skills; and Explains arrangements for the constitution of all governing bodies under the 2012 Regulations by no later than 1 September 2015

Governing Body Size No bigger than necessary to secure the range of skills they need Smaller governing bodies likely to be more cohesive and dynamic Size and structure should be designed so that every member actively contributes relevant skills and experience – Some minimum requirements – No maximum size – Scope for Associate Members – Scope for collaboration

Governing Body Membership A minimum of seven governors, including – At least two parent governors – One, and only one, local authority governor – One headteacher – One, and only one, staff governor Voluntary aided and voluntary controlled schools must have foundation governors Governing bodies can decide to have co-opted governors

Voluntary Aided Diocesan recommendation (minimum) – Two parent governors – One LA governor – One headteacher – One staff governor – Seven foundation governors: usually One appointed by the DBE Five appointed by the PCC One ex-officio (The Principal Officiating Minister)

Voluntary Controlled Diocesan example recommendation – Five parent governors – One LA governor – One headteacher – One staff governor – One co-opted – Three foundation governors One appointed by the DBE One appointed by the PCC One ex-officio

Associate Members Not governors, but a possible way of addressing gaps in skills and bringing specific expertise and experience to the governance of the school – Appointed by the governing body to serve on one (or more) committee(s) of the governing body – Can be given voting rights on committees – Can be invited to attend full governing body meetings but cannot vote – Can be appointed for between one and four years and can be reappointed – Do not appear on the instrument of government and do not affect the foundation majority in a voluntary aided school

Skills The core function of the governing body – to conduct the school with a view to promoting high standards of educational achievement The governing body should have a clear focus on – Ensuring clarity of vision, ethos and strategic direction – Holding the headteacher to account for the educational performance of the school and pupils – Overseeing the financial performance of the school and making sure money is well spent Ofsted judgement

Skills Audit Identifies skills, knowledge and experience of existing governors Identifies any additional skills or experience the governing body ideally requires Informs continuing development/governor training Informs governor appointments/elections* Informs decisions on associate members

Foundation Governors Role and Skills Foundation governors may be appointed (by the DBE/PCC and sometimes other bodies) or may be ex-officio foundation governors. They should have the skills to contribute to the effective governance and success of the school Their purpose is to secure – That the school’s religious character is preserved and developed; and – That the school is conducted in accordance with the foundation’s governing documents

Local Authority Governors The local authority governor is nominated by the LA and “is appointed by the governing body as a governor having, in the opinion of the governing body, the skills required to contribute to the effective governance and success of the school and having met any additional eligibility criteria set by the governing body.”

Co-opted Governors A co-opted governor “means a person who is appointed as a governor by the governing body and who, in the opinion of the governing body, has the skills required to contribute to the effective governance and success of the school.”

Process and Timetable for transition to new constitution Must be constituted under 2012 Regulations by no later than 1 September 2015 Governing bodies should consider the most effective and suitable date for reconstitution If formal procedures will be needed to remove surplus governors, governing bodies “will want to ensure the date of reconstitution falls before the end of the term of office of their most effective governors”

Action Needed Reconstitution on agenda for Autumn 2014 Consider DBE, DfE and local authority guidance Consider when current terms of office expire Allow time for completion of the process by not later than 1 September 2015 (including diocesan approval, and LA checking and “making” the instrument Aim to have proposed instrument ready to send for approval by no later than Easter 2015 Undertake/update/consider skills audit and review effectiveness Adopt a code of conduct for governors (if not already done so)

The Process No upper limit on governing body size, but - Consider DfE statutory guidance on size (earlier slide) - Consider DBE recommendations/advice on size Draft and consider proposed instrument setting out new constitution and agree to adopt (with reasons if necessary) Obtain/record approval of foundation governors Submit to Diocese for DBE approval (and submit to any other charitable trust relating to the school) When approved, submit proposed instrument to local authority for checking and “making”

Responsibility for making the new Instrument The local authority consider whether the proposed instrument complies with legal requirements. If the LA is not content with the draft instrument submitted, it must tell the governing body and give reasons. If the LA and governing body cannot agree on a revised draft, the LA will produce a final draft as they think fit, and make the Instrument. The governing body or local authority can review and vary the instrument at any time after it is made, following the procedure in the Regulations

Removal of Surplus Governors If the school has more governors in a category than provided for in the new instrument, and sufficient resignations are not forthcoming: – DfE advise chairs to seek to downsize amicably by undertaking sensitive and honest negotiation, if necessary making reference to the skills audit – If a surplus remains Any surplus in foundation governors must be resolved by the appointing body Any surplus in any other category must be resolved by a separate vote of the governing body in each category in which there is a surplus

Any Further Questions?