Reconstituting Governing Bodies 2014

1. Reconstituting Governing Bodies 2014 Guidance for Church Schools Portsmouth and Winchester Diocesan Board of Education

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3. STATUTORY INSTRUMENTS 2012 No.1034 EDUCATION, ENGLAND The School Governance (Constitution) (England) Regulations 2012 2012 No. 421 EDUCATION, ENGLAND The School Governance (Constitution) (England) (amendment) Regulations 2012 2012 No. 1035 EDUCATION, ENGLAND The School Governance (Federations) (England) Regulations 2012 GUIDANCE The constitution of governing bodies of maintained schools. Statutory guidance for governing bodies of maintained schools and local authorities in England, May 2014 All available on the Diocesan Website: www.portsmouth.anglican.org/what_we_do/education/information_for_governors Background Documents

4. By 1 September 2015 all governing bodies of maintained schools must have reconstituted the Instrument of Government using the 2012 regulations. The Instrument of Government (IoG) sets out the membership of the governing body and the origins of and the character of the school. Required

5. All new appointments must be based on the skills needed by the Governing Body to contribute to “good governance and the success of the school” Please use the NGA’s ‘Skills audit and matrix’ tool to assist you. www.nga.org.uk/Can-we-help/Free-governance-resources/Governance-tools/Skills-audit-and-matrix.aspx Required

6. Before you start this process, please contact the education team for advice and guidance. Liz Hodson 02392 899 658 liz.hodson@portsmouth.anglican.org Emily Fletcher 02392 899 680 emily.fletcher@portsmouth.anglican.org Contact the education team

7. 2 parents (minimum number) 1 Head governor 1 Staff governor (only one) 1 LA governor (only one) Foundation governors (number depends on status of school) Co-opted governors Minimum size of a Voluntary Controlled school = 7 Minimum size of a Voluntary Aided school = 12 Community and Sponsor Governors no longer exist No maximum number but government encouraging smaller governing bodies.; 2012 Regulations Categories

8. When the governing body has created a DRAFT instrument of government: Send a copy to the Diocesan Education Team for approval by the Diocese. We will also gain the approval of the trustees. We will return the copy and a signed approval form ready for foundation governor approval. Gain the signed approval of the foundation governors. Gain the approval of the whole governing body and send the IoG and the signed approval form back to the Diocesan Education Team. The Diocesan Education Team will send the approved copy to the local authority for final checking and signing. When you have a draft IoG

9. Flow chart and Approval Form

10. The Coalition believes that smaller governing bodies, similar to executive boards, made up of people with the time and appropriate skills will: “contribute to effective governance and the success of the school” Whilst we may not accept the Coalition’s main rationale : “Governing bodies should be no bigger than necessary to secure the range of skills they need.” There are some advantages to the 2012 regulations which we must all use bearing in mind that a governing body determines its own IoG. Why?

11. All Schools The governing body has greater choice in who is appointed as a Governor. Any person or body appointing a Governor MUST be assured that the person they appoint has the skills the governing body needs. Voluntary Aided (VA) schools – no longer do a proportion of the Foundation Governors (FG) need to be eligible to be elected as a Parent Governor at the time of their appointment as a FG. Advantages

12. Vicar as ex-officio foundation governor Foundation governors Headteacher governor Staff governor Local authority governor Parent governors (minimum of 2) Co-opted governors Categories of governor

13. Vicar as Ex-Officio Foundation Govs Headteacher Staff governor Local Authority Parent Co-opted Category of governor • The incumbent of the church is placed on the governing body by default of their position as priest of the church. • They can be substituted if necessary. This must be agreed by the Archdeacon concerned.

14. Vicar as Ex-Officio Foundation Govs Headteacher Staff governor Local Authority Parent Co-opted Category of governor • Foundation Governors are usually nominated by the parish and appointed by the Diocese. • Whilst it appears governing bodies do not have a choice, if the governing body communicates with the parish and tells them the skills they need, then the parish can seek out suitable people.

15. Vicar as Ex-Officio Foundation Govs Headteacher Staff governor Local Authority Parent Co-opted Category of governor • The Headteacher has a place on the governing body by right of their position as headteacher. • A Headteacher can resign their position BUT this does not create a vacancy. • A Headteacher can come on and off the governing body as they choose. • A Headteacher can only be Headteacher governor, they cannot fill any other category.

16. Vicar as Ex-Officio Foundation Govs Headteacher Staff governor Local Authority Parent Co-opted Category of governor • The staff governor is anyone employed to work at the school. • They are elected by a vote of all the staff. • They do not represent the staff nor do they stand alongside the headteacher. • After the voting, the governing body appoints them to the governing body. • If you have more than one and you want to keep them all, the surplus ones could become co-opted.

17. Vicar as Ex-Officio Foundation Govs Headteacher Staff governor Local Authority Parent Co-opted Category of governor • Your Councillor nominates the LA governor for appointment by the governing body. Your existing LA governor will continue their existing term of office. If you have more than one and you want to keep them all, the surplus ones could become co-opted. • In theory a governing body could reject the nominated person if they believed the person did not have the necessary skills to “contribute to effective governance and the success of the school.” • The governing body and the local councillor would need to reach an agreement at some stage.

18. Vicar as Ex-Officio Foundation Govs Headteacher Staff governor Local Authority Parent Co-opted Category of governor • Parents are elected by the parental body but are appointment by the governing body. • Paragraph 17 of the guidance states ”They (governors) need good inter-personal skills, appropriate levels of literacy in English (unless a governing body is prepared to make special arrangements), and sufficient numeracy skills to understand basic data.” • Once appointed, a parent governor cannot be removed. • Governing bodies must make sure anyone considering being a parent governor knows what skills they need and what is involved. • If you have more than you need, the surplus ones could become co-opted.

19. Vicar as Ex-Officio Foundation Govs Headteacher Staff governor Local Authority Parent Co-opted Category of governor • The co-opted category allows a governing body to find and appoint people who have the time and skills needed to ensure the success of the school. • The governing body may appoint as many additional co-opted governors as they consider necessary. However, the number of co-opted governors who are eligible to be elected or appointed as staff governors under Schedule 2 must not, when counted with the one staff governor and the headteacher, exceed one-third of the total membership of the governing body.

20. At least TWO parent governors The Headteacher (unless they resign their position) One, and only one, staff governor One local authority governor Foundation governors (see next slides) Co-opted governors Spreadsheets to assist with calculating the various options can be found on our website: www.portsmouth.anglican.org/what_we_do/education/information_for_governors The regulations are

21. A key consideration in the appointment and election of all new governors should be the skills and experience the governing body needs to be effective. From page 4 of the Guidance Foundation governors have a particular purpose to safeguard the character of the school and ensure it is conducted in accordance with any founding documents, but otherwise every governor’s role is to govern the school in the best interest of pupils, not to represent the interests of the constituency from which they were elected or appointed. From page 4 of the Guidance Foundation governors need the skills to understand the ethos of the school and its implications for the way it is governed. From page 7 of the Guidance Foundation Governors

22. Must have at least TWO foundation governors. This number includes the Vicar as ex-officio foundation governor. The proportion of foundation governors must not exceed one quarter of the total. Voluntary Controlled Schoolsand Foundation Schools

23. Must have the number of foundation governors so that they outnumber all other governors by TWO. This number includes the Vicar as ex-officio foundation governor. Due to size limitations, it is likely that a VA school will not have any co-opted governors so it is vital that the governing body talks to the parish about the skills needed by the governing body. Voluntary Aided Schools

24. A federation comprising only voluntary controlled schools must include at least two (but no more than one quarter of the total) foundation governors. A federation comprising only voluntary aided schools must include such number of foundation governors as to outnumber all the other governors by two. A federation comprising more than one category of school including a voluntary aided school and a voluntary controlled school must include at least two foundation governors. Federated Schools

25. The governing body of a federation must include the following— one parent governor elected from each school in the federation the head teacher of each federated school unless any such head teacher resigns one, and only one, staff governor one local authority governor Federated Schools

26. The guidance emphasises that governors must have the ability, experience, time and skills the governing body requires. Governing bodies should be no bigger than necessary to secure the range of skills they need. Smaller governing bodies are likely to be more cohesive and dynamic. Governing bodies must be proactive in finding suitably skilled governors. Key Messages

27. Governing bodies need to liaise closely with the parish so that the parish only nominates suitably qualified people to the diocese for appointment. Parishes may need to look to the wider church community or other Christian churches in the area for suitably skilled foundation governors. It is still the PCC who signs the nomination form. Some schools produce a person specification for the parish and the parish holds interviews to find the best people to nominate. Key Messages

28. In the past the vicar was always the chair of governors, with the workload on clergy this is not usually realistic. We do not recommend clergy take on the role of chair of governors. Do parishes have a responsibility to nominate people with the potential to be elected as the chair? What impact will this have on the Christian character and the success of the school? Key Messages Part 2 Part 1

29. When the governing body has created a DRAFT instrument of government: Send a copy to the Diocesan Education Team for approval by the Diocese. We will also gain the approval of the trustees. We will return the copy and a signed approval form ready for foundation governor approval. Gain the signed approval of the foundation governors. Gain the approval of the whole governing body and send the IoG and the signed approval form back to the Diocesan Education Team. The Diocesan Education Team will send the approved copy to the local authority for final checking and signing. The Process

30. For people willing to continue and still having a place under the new IoG, their position can run on for: Foundation Governors Parent Governors Staff Governors LA Governors BUT NOT FOR Community Governors (cease to exist)) DOES NOT APPLY TO Clergy Ex-Officio (position because of job) Headteacher (position because of job) Terms of Office

31. If there are too many governors for positions available on the new IoG NEGOTIATE IF POSSIBLE TO GAIN SUFFICIENT RESIGNATIONS NEW IoG before to 1 Sep 2014 apply the juniority rule New IoG after 1 Sep 2014 must be an agenda item at a GB meeting (the old GB) Foundation Governors – Any surplus in the number of foundation governors must be resolved by the person responsible for appointing foundation governors, i.e. the Diocese. Other governors e.g. Parents and Staff – “Any surplus in any other category of governor must be resolved by a separate vote of the governing body on each category in which there is a surplus. This vote must be specified as an item on the agenda issued seven days in advance of the meeting. Governors are not permitted to vote on their own category. The chair has a casting vote if necessary. Governors declared surplus do not cease to hold office until votes are cast on all categories in which there is a surplus.” Surplus Governors

32. LA Category The DfE have said that the LA Governors Term of Office will continue into the new Governing Body. Any surplus LA Governors will need to step down unless you want to keep them. If so you could co-opt them is you have co-opted spaces. LA Category

33. The GB needs to plan a date for the commencement of new IoG which is as close as possible to the next planned GB meeting. Ideally you need the old GB to cease on the day before the new GB comes into life. Ideally the Commencement Date coincides with a whole GB meeting. The New GB can then appoint members to it. Without a GB meeting straight away there might not be a quorate GB available to deal with emergencies. Timing of Start of New IoG

34. Associate members do not appear on the IoG. The governing body can decide if it needs the skills of other members at any time (usually at the beginning of the year). Associate members do not have voting rights on the governing body but may have voting rights on a sub committee. Associate membership could be used to grow new governors, involve members of new immigrant groups. Associate MembersARE NOT GOVERNORS

35. YOU make the difference.Thank you for all you do.

36. And finally… Remember… help is always at hand! The Interim Director of Education: Richard Wharton, richard.wharton@portsmouth.anglican.org From September 2014 Rev Jeff Williams will be the Director of Education Richard Wharton will replace Chris Pritchard as a school adviser Assistant Director and Governance: Emily Fletcher emily.fletcher@portsmouth.anglican.org School advisor (admissions, appeals, buildings, trusts & finance): Liz Hodson liz.hodson@portsmouth.anglican.org School Buildings Officer: John Gorrie john.gorrie@portsmouth.anglican.org School adviser: Joyce Johnson joyce.johnson@portsmouth.anglican.org Please contact the office on: 02392 899 658 First Floor, Peninsular House, Wharf Road, Portsmouth, PO2 8HB