Somerset Governor Services

Roles and responsibilities for Academy Governing Bodies

BSteelFebruary2012

Introductions

• What do you hope to learn from this session?

• Feedback BSteelFebruary2012

Aims: governors will

• • • • Understand the distinction between the role of the Trustees and the role of the Governing Body Understand the roles of an Academy governor Ensuring statutory duties met Identify 2-3 actions they might suggest for developing themselves and/or their governing body BSteelFebruary2012

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Terminology

MofA = Memorandum of Association Academy trust – this is the document which identifies the membership of the AofA = Articles of Association – this is the document which identifies the way in which the Academy will carry out its objects Funding Agreement – is the 7 year contract between the Academy and the DfE GTTL – The Guide to the Law for School Governors BSteelFebruary2012

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Who’s Who?

Trust Members are: – Those who signed the M of Association – A stated number of members appointed by foundation or other appointing body – Persons appointed by SoS – in exceptional circumstances – Chair of Governors – Members of the Trust can appoint and remove additional members as they see fit by unanimous agreeming, in writing.

• • • Members of a GB may also be the Directors of the Trust Minimum number of Directors is 3 (they are the people who sign the Memorandum of Association.

Governors – Elected and appointed – minimum of 3 – no maximum number (unless stipulated in the Articles) BSteelFebruary2012

What are the significant distinctions between the Trustees and the GB?

Governing Body Responsibilities Trustees Responsibilities

• Strategic: – Vision – where will the Academy be in three •Hold the land and assets on trust on behalf of years time?

the Academy / or comply with lease agreement – Relationship between the Governing Body and the Trustees •Maintain the strategic direction for the Academy •Ensure that the Academy complies with • Critical friend: – Organising the ways in which challenge will be undertaken internally and externally charitable trust regulations •Ensure that the Academy complies with Company Law •Ensure that the Academy fulfils its requirements as outlined in the Memorandum of Articles and Association and the Funding Agreement • Ensuring accountability to: – To each other for agreed actions – Students / Parents/ Trustees/ Staff/ Community/ YPLA / Secretary of State / Ofsted – The Local in relation to vulnerable and disadvantaged young people – The Diocese or other Sponsor •Ensure that the Governing Body fulfils all its employer responsibilities and any other statutory requirements eg Health and Safety and Safeguarding BSteelFebruary2012 where appropriate

The Guide to the Law for school governors is not a statutory requirement for Academies. DfE recommends that Academies are mindful of its content in terms of good practice and statutory responsibilities.

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How do you share the load?

• • • • • Understand the different responsibilities of the Trust and the Governing Body – Ensure that governors are held to account for actions that have been agreed Stay strategic – eyes on / hands off Between governing bodies (if appropriate) Committees – are they fit for purpose now?

Possible alternatives: – Individual governors delegated to act on behalf of GB – Greater expectation on the Chair and Committee Chairs (executive group) • What could be the consequences of either of these and how would you address them?

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Trust Procedures

AGM held at least every 15 months in addition to General Meetings 2 weeks notice unless 90% of voting members agree otherwise Proxy can be appointed Quorum is 2 members entitled to vote (can be proxy) If a meeting is not quorate within half an hour from the time appointed for the meeting, or if members leave during a meeting a meeting so that it is no longer quorate, it is adjourned to the same day in the next week at the same time and place or to such time and place as determined by members.

A Governor, whether a member or not , is entitled to attend and speak at any general meeting.

Decisions are made by a show of hands unless a poll is demanded. Proxy votes may be used in a poll.

Any organisation which is a member of an academy trust may appoint some-one to act on its behalf. They have the right to participate and vote.

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GB Procedures (1)

The governing body shall have regard to but is not bound by guidance on governance published by the Secretary of State Subject to the Articles, governors may regulate proceedings as they think fit At least 3 general meetings must be held per year, convened by the Secretary Any 3 governors can requisition a meeting by writing to the Secretary Notice of the meeting and the agenda are sent to the governors 14 clear days beforehand unless 90% agree to reduce this timescale Chair or Vice Chair can call meetings at shorter notice to discuss urgent matters Resolutions or variations can only be discussed if on the agenda If a meeting is adjourned, a further meeting must be called within 7 days to complete the business on the agenda Quorum for meetings is 3 governors or 1/3 of the total number of governors in office whichever is the greater.

If additional or further governors have been appointed by the Secretary of State, (exceptional circumstances) they must make up the majority of the quorum BSteelFebruary2012

GB Procedures (2)

• • • • • • If the meeting is not quorate, governors may only fill vacancies or call a general meeting The quorum is 2/3 of the total number of governors (rounded up to a whole number) to vote on: – appointment of a parent governor – removal of a governor appointed by the governing body (this does not apply to parent governors) – vote on the removal of the Chair Decisions are made by majority of votes and the Chairman has a casting vote Resolutions passed must be signed by one or more governors Agendas, draft minutes approved by the Chairman, signed minutes and any report or other paper considered at a meeting should be made available at the academy for anyone wishing to inspect them as soon as is practicable.

Governors can designate minutes as confidential BSteelFebruary2012

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GB Procedures (3)

Governors can participate in meetings by telephone/video conferencing provided – they give 48 hrs notice and contact details – governors have access to appropriate equipment – if the contact cannot be made, the meeting can continue provided it is quorate Governors may be paid reasonable expenses – not foreign travel Governors (and immediate relatives) may not receive payment for goods or services Employees can be appointed to the governing body and receive their salary but no additional payment They must withdraw from a meeting where their contractual arrangements, pay or performance are discussed Disqualification criteria similar to those for GBs of maintained schools apply to academy governors BSteelFebruary2012

Checking the statutory requirements – as

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outlined in the Funding Agreement

Broad and balanced curriculum – including following the agreed RE syllabus Acts of worship and RE – as per maintained schools Equality and diversity Learners with special needs and/or disabilities Learners’ care and well-being - behaviour Informing parents and carers Safeguarding students and employees BSteelFebruary2012

Financial Reporting

• • • • • • • Accounts need to comply with the Charities Act and with the Charities Statement of Financial Activities (SOFA) Stewardship – internal and external financial controls next slide Statutory Annual Accounts Management Accounts Data and Record Keeping VAT Required to know the rules and adhere to them BSteelFebruary2012

Stewardship

• • Accountability for public monies System of control – does the GB need to be reviewing these - possibly improving on previous methods • Checking of internal controls – Responsible Officer?

– Audit Committee?

– Bought in Services? (though the GB is still accountable) BSteelFebruary2012

Academy Controls

• • • • • Financial Management and Governance Evaluation (FMGE) Policies – fraud, risk, continuity, gifts etc.

Statement of internal control Internal and external audit controls – See stewardship slide Potentially in the future - Benchmarking BSteelFebruary2012

Different types of accounts

• Management accounts - FMGE – evaluation of the Acadamy’s structure for financial management • Statutory Annual Accounts – Statement of Recommended Practice (SORP) – reflects the activities of income and expenditure against various headings and is submitted to the Companies House.

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Statement of Governors Responsibilities

• • • • Governing Body reports and financial statements Safeguarding of the assets Accounts reflect a true and fair record Adequate records are maintained to ensure secure financial monitoring takes place BSteelFebruary2012

Employment

• • • • • Adherence to Employment Law required Responsible for all costs relating to maternity, pensions, redundancy Must ensure staff are able to access the Teachers’ Pension Scheme New contracts for staff do not require STPCD compliance TUPE applies – any changes must be following consultation with staff and unions BSteelFebruary2012

Discipline

• • Power of members of staff to search pupils extended – Was – possession of weapon, alcohol, illegal drugs, stolen property – Now includes – any article which could cause harm or damage to individuals / property – Now includes as an ‘offence’ behaviour of younger pupils as if they were of a criminal responsibility age – Searches may be carried out by one member of staff – even if of the opposite sex (under specific circumstances) Electronic devices – data / files may be examine and erased if there are good reasons to do so.

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Exclusion Appeals

• Appeals Panels – to known as Review Panels – to be given power to reconsider or quash a decision of the responsible body – Allows for recommendations about what should go on the pupil’s record – Will apply to Academies •

Detention

No longer required to give 24 hrs written notice BSteelFebruary2012

School Profile

• No longer required BSteelFebruary2012

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Admissions

New admissions code applies from September 2013 Appeals code applies to appeals lodged / heard from 21 st February 2011 onwards Radical overall – written from parents/students perspective • • •

Key Drivers

Move towards “true choice” LA repositioned to become champion for parents and families Autonomy for schools = more responsibility and power but with accountability BSteelFebruary2012

Musts for Admission Authorities including

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the Local Authority

Formulate and consult on admission arrangements (min 8 weeks between 1 November and 31 March each year [preceding admission eg 2011/12 for 2013 admissions] LA admission arrangements to be posted by 15 April Exchange information so that LA can produce the Composite Prospectus guides by 8 th August each year BSteelFebruary2012

Key aspects of new codes

• Removal of Stat Duty on LA to co-ordinate admissions during academic year • • School Admissions Forum no longer a statutory LA function Freedom for “own admission authority schools” to increase the Publicised Admission Number without consultation or LA approval • LA can increase or decrease PAN of C, VC but must consult with (at least) the GB of the school • “Anyone” can object to the Schools Adjudicator within the statutory timeframe • Admission Authorities can name feeder primaries or middle schools • Admission Authorities can priorities children of school staff BSteelFebruary2012

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Key aspects cont…….

Academy and Free Schools can prioritise the admission of Pupil Premium children (FSMs) Use of catchment areas to be determined by the Admission Authorities (subject to consultation) Admission arrangements need only be consulted on every 7 years where there are no changes proposed Fair Access Protocol ‘strengthened’ – supports LA role as Champion for parents and families Increased opportunity to breach the Infant Class Size limit an academic year – multiple birth children / children of armed forces admitted during Random allocation to be used only as a ‘tie breaker’ where remaining places need to be decided Offer and refusal decision 16 th April every year from 2014 – late because it allows for Academy and Free School intakes BSteelFebruary2012

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Checking the statutory requirements – Exclusions

The Academy Trust has to ensure that: the Principal acts in accordance with the law as if the academy were a maintained school the LA is informed of an exclusion decision as is required of maintained schools the Principal and the GB have regard to the Secretary of State’s Guidance on exclusions as if the academy were a maintained school the academy sets up the appeal panel which must be impartial and follow the Secretary of State’s Guidance – the panel’s decision is binding on the academy the GB is not expected to seek the advice of a LA Officer when considering an exclusion LA Officer may attend the hearing at the request of a parent Money does not follow pupils permanently excluded unless an Exclusion Agreement has been made with the LA to enable this.

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Maintaining a dialogue

Between the Governing Body and: • • • • • • Trustees/Sponsors Principal and other staff (relating to core business) Employees (duty of care) / Students / Parents The local community / other schools LA on specific issues e.g. Admissions / SEN etc Any others?

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That’s all folks!

• Further information or support can be obtained from Somerset Governor Services: • [email protected]

– 01823 355810 BSteelFebruary2012