Transcript What does this mean for the clerk?

Clerks’ Conference- June 2010
Trust Schools
Objectives
At the end of this workshop, you will be better able to:
• understand what a Trust School is
• advise your governing body about the process
involved in forming a Trust
and
• be aware of the differences in clerking a Trust Board
• be aware of other models of governance and
organisation
What are Trust Schools?
Work in pairs – are these statements true or false?
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Trust schools are maintained by the Local Authority
Only primary schools can acquire a Trust
Trust schools are the same as Academies
Trust schools are state funded foundation schools
Trust schools are always run by businesses
Only outstanding schools can become a Trust school
What does this mean for the
clerk?
During decision-making period
Post Trust formation
Clerking a Trust Board
Decision-making period
Minuting decisions and underlying reasons
Key decisions on agenda at right time
Information provision
Procedural advice
Key decision points
Initial decision to investigate Trust Status
Resolutions
 Interim decision: Do we want to carry on?
 Go to informal consultation
 Go to formal consultation
 Consider / minute responses to informal consultation
Is that your final answer?
Resolution to Approve Trust proposal
Consider / minute responses to formal consultation
Consider / minute statutory tests have been met
Synchronize and standardize!
Governing Body Meetings
 Resolutions
Information
Regular updates
Steering Group Communication
 Trust Schools Toolkit
Governors’ Guide to Trust
Schools
SSAT and FASNA websites
SSAT meetings / seminars
Us and Them
Governors meet partners
Keep staff informed
Procedural Advice
Notify LA that school is investigating change of
status
Consultation
 Consult all relevant stakeholders
 Formal proposal includes all necessary elements:
Rationale
List of written responses received
List who has been consulted
Statement on improved attainment
Procedural advice contd.
Consultation contd.
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Chair of Governors sign statutory notice
Post notices correctly
Consultation run for correct period
Capture / retain responses
Make a decision!
Advise on Governing Body vacancies
Clerks’ role in Post Trust Formation
Procedural advice
Agenda setting & minuting decisions
Procedural advice
Chair of Governors sign Memorandum &
Articles of Association
Notify LA and DfE of decision
Formal notification to staff
 Change to contracts
Notify stakeholders
Procedural Advice contd.
Notify rating authority
Join FASNA
Consider purchasing HR and H&S services
Implement H & S obligations
Agendas and Minutes
Reconstitute
Nominate candidates for Trust Governors
New Instrument of Government
Appoint Trustee(s)
Constitutions of Trust Schools
In most cases, the governing body will include a
minority of foundation governors appointed by the
Trustees:
Parents:
at least one third
Authority:
at least 1 and no more than one fifth
Staff (incl HT): at least 2 and no more than one third
Community:
at least one tenth
Foundation:
at least 2 and no more than 45%
(appointed by the Trustees)
Activity- Create your own Instrument!
• Your governing body has decided to have 15
governors on the new governing body
• Your governing body has decided to have 12
governors on the new governing body
• Your governing body has decided to have 20
governors on the new governing body
Who can be a Trustee?
Disqualifications:
Anyone disqualified from acting as a company
director or charity trustee
Anyone with criminal conviction
Anyone barred from working with children
Anyone under 18 years
Anyone detained under Mental Health Act
Anyone employed by member of Trust (except
Head Teacher)
Role of Trustee
Trustee individually responsible for all legal
and financial aspects of Trust.
Not a school’s representative
Critical friend of Trust
Agendas and Minutes contd.
Policies
 Change policies, Financial Regulations etc.
 Adopt Essex correct model HR policies
Establish Parent Council
Admissions
 Formulate, consult on & agree Admissions Policy
 Establish Admissions Committee
 Agree arrangements for Admissions Appeals
Consider granting LA ‘Advisory rights’
Clerking a Trust Board
Charity Commission regulations and Companies
Act
www.charitycommision.gov.uk
 CC48 Charities & Meetings
 CC3 The Essential Trustee
www.companieshouse.gov.uk
 Companies Act 2006, Life of a Company, Part 2
www.businesslink.gov.uk
What does a Trust need?
Memorandum and Articles of Association
Registration with Charity Commission &
Companies House
Registered Office
Chair
‘Secretary’
Policies
Registers
Register of members
Register of Trustees
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name / former name
Service address
Part of UK where live
Nationality
Business
Dob
Register of Trustees’ residential addresses
Meetings: AGM
All members (proxy allowed)
14 day notice
Quorum = minimum of 2 members
Annual report & annual accounts
Written resolutions
Minutes to members
Meetings: Trustees
14 day notice
Quorum = minimum 1/3 + 1
Frequency = minimum 1 pa
Electronic meetings allowed
Written resolutions
Minutes to Trustees
Minutes
‘secretary’ = recommendation
Legal record of business of meeting
Minutes book
Retention during existence of Trust
NOT public documents
 Recommend AGM minutes available upon request
New Directions……?
“The Government is genuinely committed to giving schools
greater freedoms. We trust teachers and headteachers to run
their schools. We think headteachers know how to run their
schools better than bureaucrats or politicians.” (DfE)
‘The indecent haste to rush all “outstanding schools” into
academies is predictable but nonetheless disturbing for that’
(NUT)
‘The NGA is dismayed that the Academies Bill allows such a
fundamental change in the designation of the school to be
carried out without any requirement to consult local
stakeholders’
What is the potential impact for governing bodies?
Further Support
• The CD Rom contains lots of useful information
about setting up a Trust, including template letters
for clerks.
If you need further support, just get in touch!
• Sue Julian-Ottie [email protected]
• Simon Ward [email protected]
• Debbi Botham [email protected]
Our objectives were:
At the end of this workshop, you will be better able to:
• understand what a Trust School is
• advise your governing body about the process involved in
forming a Trust
and
• be aware of the differences in clerking a Trust Board
• be aware of other models of governance and organisation
Thank you!