A LEADING LAW FIRM WITH A APPROACH Collaboration, Conversion, Coercion and Confusion…. 26 and 28 June 2012

Introduction Aim of session What are my legal duties as a governor? Do we need to change the way our school is run? What are the options? Case studies Mythbusting Q&A

Aim of Session Aim 1 - To enable you to identify what questions to ask your governing body about the structure of your school going forward Aim 2 – To recap on your overall legal duties as a governor Aim 3 – To introduce potential legal structures for your school to consider

What we cannot cover Whether or not your school should become an academy What long term vision is best for your school What legal structure will best fit your vision Choosing a structure is not a strategy – it is merely a means of delivering your strategy

“Governing bodies should be the key strategic body in schools, responsible for the overall direction that a school takes. In that respect, governors are also therefore the key body for school improvement” (Lord Hill)

What are my legal duties? (1) GB has general responsibility for the conduct of the school with a view to promoting high standards of educational achievement Governors should act at all times with honesty and integrity and be ready to explain their actions and decisions to staff, pupils, parents and anyone with a legitimate interest in the school. GB must exercise its functions with a view to fulfilling a largely strategic role in the running of the school. It should establish the strategic framework by: –setting aims and objectives for the school –adopting policies for achieving those aims and objectives –setting targets for achieving those aims and objectives.

What are my legal duties? (2) The GB should monitor and evaluate the progress of its strategy and regularly review the framework for the school in light of that progress. The GB should challenge and support the school acting as a critical friend. It should offer support and constructive advice and should not be deterred from questioning proposals and seeking further information to enable them to make sound decisions.

What are my legal duties? (3) The head teacher and GB work in close partnership. Most of the statutory duties placed on governing bodies should be delegated to head teachers, allowing governors to focus on educational attainment and other significant issues facing their school.

What are my legal duties? (4) Most significant duties that cannot be delegated to the head teacher are:- –major changes in the way the school is organised –the organisation and operation of, and delegation by, the GB and –appointing the head and any deputies.

Legal duties in relation to academies Governors Guide to the Law (DfE May 2012) ( 507/gttl) para 5:- 507/gttl “Governing bodies have to decide whether or not their school should embrace Academy status… …We strongly encourage all schools to find out about the Academies programme by talking to Academy converters to hear first hand about the benefits and drawbacks of Academy status. If you are a governor of a small school, you might want to consider whether you could work in a group of schools to strengthen governance through collaboration and federation, or by converting to become Academies as a group”. (The Governors Guide to the Law)

Might we be required to become an academy? (1) Schools causing concern are those which "are eligible for intervention" and/or are judged by Ofsted to require "special measures or significant improvement" If the LA deem that there is insufficient improvement in a school's performance the LA may give the GB a warning notice. This will set out the LAs grounds for concern and action it may take if the GB fails to take the actions required. If the warning notice is not complied with and the LA has given notice to the school that the school "will be eligible for intervention" the LA or the SoS may use its intervention powers.

Might my school be required to become an academy? (2) What is required depends on the individual facts but it may include: –the power to require the GB to enter into arrangements with a view to improving performance at the school (this could include the school being required (or suggesting) entering into a contract or arrangement with another school or body or take steps to join a federation with a view to improving the performance of the school); –the power to suspend the GBs right to a delegated budget; –the power to appoint additional governors; and –the power of the SoS to make an Academy order.

Deciding whether or not your school should embrace Academy (or other) status Need to work out what you want to achieve for your school going forward. Then consider options available. See separate guide. Academies are not the only option. Identify which structure best fits your aims. You cannot decide on your structure before you have agreed your vision.

Case study 1 You are a governor at a community secondary school rated ‘good’ by Ofsted You work closely with your feeder primary schools Some of the primary schools use the facilities at your schools for sports and enrichment activities Many of the secondary schools in the area have converted to academy status None of your feeder schools are currently academies and they range in Ofsted ratings from outstanding to satisfactory You are considering whether you should convert as a standalone academy or look at a collaborative solution with your feeder schools?

Case study 2 You are a governor at a community primary school (School A) which is not performing well You have a problem with attracting governors and you think leadership and teaching standards in the school need to be improved You would like to know how other schools in the same area deal with these issues to outperform your school Your school is not currently on the DfE list of underperforming schools. You have been asked by DfE to consider forming part of a multi academy trust with an outstanding primary school in your area (School B) and possibly other primary schools You are concerned that, under the proposed model, your school would not have its own separate governing body going forward. What should you do? How would your concerns be different if you were a governor of School B?

Case study 3 You are a community primary school (School A) which works closely with another in your area (School B) You have some weaknesses in a couple of curriculum areas and want to be able to access the staff in School B who are better at this Likewise School B wants your head to act as its head pending their recruitment for a new head - currently nobody in post due to the former head having had to retire on health grounds You are wary of academy status as you are both relatively small primaries and don't want to have to deal with the formalities of conversion

Mythbusting Trust schools have been replaced by academies You have to be an outstanding school to convert to an academy Academies have no further contact with the LA The head will lose their job if we convert My school is in an old building so I can’t convert Academies don’t need to comply with employment law

Contacts Kevin Robertson Partner