This is Section 4 of the Guide to the Law, as published May 2012.
Download this page: GttL 2012 Section 4 Governing Body Powers Duties & Procedures
UPDATE STATUS
This section reflects current legislation as at 25th May 2012. The Education Act 2011 will introduce changes to the constitution of governing bodies, including federated governing bodies, and revisions to the school governance procedures regulations. These changes will come into force in September 2012.
KEY POINTS
This section gives a brief overview of some of the powers and duties that governing bodies have been given by Parliament. Some duties and powers are dealt with in more detail in later sections. The section also explains the procedures for holding governing body meetings and establishing committees.
STATUS OF THE GOVERNING BODY
1. The governing bodies of community, community special and maintained nursery schools are corporate bodies. A corporate body has a legal identity separate from that of its members.
|
VA |
2. The governing bodies of foundation, foundation special, voluntary controlled and voluntary aided schools are corporate bodies with exempt charitable status (enactment of Section 9 of the Charities Act 2006 in relation to these governing bodies deems them excepted charities, which means that they are subject to a degree of regulation by the Charities Commission, and have to register if they are above the financial threshold).
3. As a corporate body, the governing body may have a seal to validate documents, such as deeds. Legal stationers can give advice on the type and cost of a seal. When the seal is used, the chair and another governor who has been duly authorised by the governing body should also sign the document to validate the seal.
4. Governing bodies are corporate bodies and, because of this, individual governors are generally protected from personal liability as a result of the governing body’s decisions and actions. Provided they act honestly, reasonably and in good faith, any liability will fall on the governing body even if it has exceeded its powers, rather than on individual members.
5. Individual governors have no power or right to act on behalf of the governing body, except where the whole governing body has delegated a specific function to that individual, or where regulations specify that a function is to be exercised in a particular way. The governing body is legally liable for all actions taken in its name by individuals or committees to which it has delegated functions. The governing body should therefore ensure that decisions to delegate specific responsibilities are properly minuted and recorded.
6. The governing bodies of foundation, voluntary aided and voluntary controlled schools automatically have charitable status (see paragraph 2, above). Governing bodies may wish to contact the Charities Commission to find out how charitable status can help them make the most effective use of gifts and other support from the business community, parents and others.
POWERS AND DUTIES OF THE GOVERNING BODY
7. Parliament has given a range of duties and powers to governing bodies under the Education Acts. Later sections of this Guide explain governing bodies’ powers and duties in more detail, but at maintained schools the governing body has general responsibility for the conduct of the school with a view to promoting high standards of educational achievement (see Section 21 of the Education Act 2002).
8. 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.
GOING INTO SCHOOL
9. Individual governors do not have an automatic right to enter the school whenever they wish. However, they need to be able to visit from time to time in order to develop their understanding of the school. These visits enable them to fulfil their statutory responsibility for the conduct of the school. Governors should arrange their visits with the head teacher, who has responsibility for the day-to-day management of the school.
10. It is often useful to draw up a policy on governors’ visits to cover matters such as giving notice and holding feedback sessions. The governing body should plan visits to cover a wide range of school work and each visit should have a clear purpose. Visits by governors can be useful and informative. They do not replace professional inspection or the monitoring and evaluation carried out by the head teacher.
DEALING WITH COMPLAINTS
11. Section 29 of the Education Act 2002 requires all governing bodies to have a procedure to deal with complaints relating to aspects of the school and to any community facilities or services that the school provides. The law also requires that the procedure must be publicised.
12. The governing body should make efforts to ensure that anyone who wishes to make a complaint is given fair treatment and a chance to state their case either in person or in writing. It is recommended that decisions taken, and the reasons why, should be given in writing, and that the person complaining should be given details of his or her rights of appeal at that time. It is advisable that timescales are set for dealing with complaints so that the process does not take too long. Governing bodies may be able to get advice on how to deal with complaints from the LA, and the Department for Education has published a research report[1] on parents’ and young people’s complaints about schools with an accompanying ‘good practice’ practitioners guide[2] for handling complaints. A toolkit document, containing key messages to help schools to draw up a complaints procedure or modify an existing procedure is also available on the Department for Education website.
13. A complaint may be made to the Secretary of State for Education if a person believes that a governing body or LA is acting “unreasonably”, or is failing to carry out its statutory duties properly (see Sections 496 and 497 of the Education Act 1996). However, intervention can only occur if the governing body or the LA has failed to carry out a legal duty or has acted unreasonably in the performance of a duty. Intervention would have to be expedient in the sense that there would have to be something that the Secretary of State could instruct either party to do to put matters right. The Secretary of State must be satisfied that a decision is unreasonable in the sense that no reasonable authority or governing body, acting with due regard to its statutory responsibilities, would have reached that decision.
EQUALITY DUTIES
14. The governing body has responsibility for making sure that the school complies with the equality duties set out in the Equality Act 2010. The Department for Education has provided advice to help schools understand how the Equality Act affects them and how to fulfil their duties under the Act, the advice can be accessed on the Department for Education website. The general duty on schools is to have due regard to the need to eliminate unlawful discrimination, promote equality of opportunity and foster good relations in the area of race, disability, gender, religion or belief, sexual orientation and gender reassignment. Specific duties require schools to publish information demonstrating compliance with the general duty and to publish equality objectives.
15. It is for schools to decide how they will meet the duties and what information they will provide to demonstrate compliance. See section 18 of this Guide, Equalities, for a full description of the general and specific duties of governing bodies for all protected characteristics under equality legislation.
RELATIONSHIP WITH THE HEAD TEACHER
16. In a well-managed school, the head teacher and governing body work in close partnership. The respective roles and responsibilities of governing bodies and head teachers are set out in the Education (School Government) (Terms of Reference) (England) Regulations 2000.
17. The governing body 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.
18. The governing body should monitor and evaluate the progress of its strategy and regularly review the framework for the school in the light of that progress. When establishing the strategic framework and reviewing progress, the governing body should consider any advice given by the head teacher and the School Improvement Partner (SIP). The school improvement plan will generally provide the main mechanism for the strategic planning process.
19. The head teacher has responsibility for the internal organisation, management and control of the school and for implementation of the strategic framework established by the governing body. Governors are not expected to be involved in the detail of the day-to-day management of the school.
20. A good head teacher will discuss all the main aspects of school life with the governing body and will expect the governing body to both challenge and support the school. Acting as a “critical friend”, the governing body should offer support and constructive advice, but governors should not be deterred from questioning proposals and seeking further information to enable them to make sound decisions. The head teacher should give the governing body enough information to enable it to feel confident that both it and the head teacher are fulfilling their statutory responsibilities.
21. A good governing body will delegate enough powers to allow the head teacher to perform his or her management duties as effectively as possible. The head teacher must report to the governing body regularly on how those delegated powers have been exercised and the governing body should keep the delegation under regular review. The head teacher is also accountable to the governing body – both for the functions performed as part of the head teacher’s normal role, and for powers delegated by the governing body. Useful advice on the subject can be found in Guidance on the Roles of Governing Bodies and Head teachers. The conditions of employment for head teachers are set out in the School Teachers’ Pay and Conditions Document, which is updated each year. This document has legal force. (See section 11 of this Guide, Staffing.)
22. To assist the governing body in carrying out its functions, the head teacher has a duty to provide the governing body with such reports in connection with the exercise of his or her functions as the governing body requires.
RELATIONSHIP WITH THE LA
23. The governing body is responsible for raising standards through its three key roles of setting strategic direction, ensuring accountability, and monitoring and evaluating school performance. The LA should support the school’s efforts to achieve continuous improvement. The relationship between schools and LAs is based upon intervention in inverse proportion to success, and maximum delegation of funding and responsibility to schools. These principles enable schools to operate largely autonomously. However, the governing body is accountable to the LA for the way the school is run.
24. Where a school is causing concern, or a governing body is acting in a way that is detrimental to the performance of pupils at the school, the LA must inform the governing body and the head teacher of this. The LA should also inform other stakeholders where relevant, for example the diocese, the foundation or the Education Funding Agency, of its concerns and offer appropriate support to the school. Where necessary, the LA can use its powers to intervene to ensure a school can raise standards. For schools causing concern there is statutory guidance: Schools causing concern – guidance for local authorities (2011).
TARGET-SETTING
(N.B. This paragraph does not apply to maintained nursery schools.)
25. The requirement for schools to set statutory performance targets was removed from September 2011.
26. Instead of requiring schools to set targets on specific measures through a standardised process, we will expect schools to set their own improvement priorities so they can determine what targets and measures to set for themselves, along with choosing what forms of external support they want and determining how to evaluate themselves.
FURTHER EDUCATION IN SCHOOLS
27. Further education (FE) is defined in Section 2 of the Education Act 1996. It means full-time and part-time education for persons over compulsory school age (including vocational, social, physical and recreational training) and associated organised leisure-time occupation.
28. By virtue of Section 2 of the Education Act 1996, FE may be provided in schools, and it is the governing body which decides whether or not to offer this type of provision. However, the governing body of a community or foundation special school must obtain the consent of the LA to provide or stop providing FE. The responsibilities of governing bodies in determining FE provision in schools are set out in Section 80 of the Schools Standards and Framework Act 1998.
29. Schools may offer FE courses in the evenings, at weekends, during school holidays or during term time when there are empty classrooms during the day. FE students may also be educated alongside GCSE or A-level students. Where FE students are taught in maintained schools in classes with school pupils, special conditions apply. These are contained in the Education (Further Education in Schools) Regulations 1999.
30. The Chief Executive of Skills Funding (“the CE”) (and through him, the Skills Funding Agency) has the responsibility for securing the provision of FE facilities generally and for funding post-16 provision. Under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009, the CE may fund private training providers to deliver this provision, and this could be on school premises, by way of contractual arrangements between the training provider and the governing body of the school. (See section 23 of this Guide, Extended activities in schools.)
31. If governors decide to provide FE to members of the local community, they must ensure that such provision does not compromise to a significant extent their ability to provide for the special educational needs of their own pupils.
32. Governing bodies of community special and foundation special schools should consider very carefully the effect that offering FE provision would have on their schools. Before offering courses, they must ensure that:
- if the courses are being offered during the school day, sufficient and suitable accommodation, meeting the standards described in Building Bulletin 102, which replaces Building Bulletin 77, will still be provided for the pupils on the roll of the school;
- those attending FE courses and having contact with the school’s pupils are not older than the maximum age of pupil the school is approved to take, and that their special educational needs are “compatible” with those of the pupils on the school’s roll, as neither party must be disadvantaged;
- those attending courses during the school day, who are older than the maximum age the school is approved to take, will use accommodation separate from that of the school’s pupils;
- by offering courses to adults, the pupils’ health, safety and welfare are not compromised;
- the overall “complexion” of the school will not be changed;
- where the school’s staff will be used to deliver a course, pupil-to-teacher ratios and the support staff working with pupils remain at an appropriate level.
WORKING TOGETHER: GIVING CHILDREN AND YOUNG PEOPLE A SAY
33. The Education Act 2002 places a duty on LAs and governing bodies of maintained schools, in the exercise of their functions, to have regard to any guidance from the Secretary of State on consultation with pupils in taking decisions affecting them. ‘Listening to and involving children and young people’ is the updated version of ‘Working Together: Listening to the voices of children and young people’ and was published in April 2012:
http://www.education.gov.uk/schools/leadership/schoolethos/g00206160/listening-to-and-involving-children-and-young-people
.
POWER TO INNOVATE
34. Power to Innovate” (PtI) was introduced for schools in the Education Act 2002. On the application of one or more qualifying bodies – which includes school governing bodies of maintained schools, head teachers (with the consent of it’s governing bodies), foundations, Academy proprietors and local authorities – the Secretary of State may make an order suspending or modifying education legislation or conferring the functions of one qualifying body on another for a period of up to three years to allow the testing of an innovative idea that has the potential to raise educational standards. Orders can also be extended once for a period up to an additional three years.
35. The Power can only apply to education legislation. It cannot be used to gain exemption from other types of legislation, for example, health and safety legislation, employment or contract law or the law regulating charities. It is important to note that once a PtI Order period runs out then the school must revert back to the position ‘as was’ prior to the Order.
GOVERNING BODY PROCEDURES
36. The School Governance (Procedures) (England) Regulations 2003 (as amended) (the “Procedures Regulations”) cover the procedures that governing bodies are required to follow.
Election of the chair and vice-chair
37. The governing body must elect a chair and a vice-chair. There are no regulations prescribing the election process as it is believed that governing bodies are best placed to decide how to organise this, but those standing for election should withdraw from the meeting when a vote is taken. Governors who are paid to work at the school, for instance the head teacher and staff governors, cannot be elected as chair or vice-chair. The chair and vice-chair can resign at any time by giving notice in writing to the clerk.
Terms of office of the chair and vice-chair
38. The governing body decides on the chair and vice-chair’s terms of office before the election. The minimum term of office is one year and the maximum period is four years. If a governor is elected chair or vice-chair and his or her term of office as a governor is due to end before that determined for the office of the chair or vice-chair, then the chair or vice-chair’s term of office ends when the governor’s term of office ends.
39 When the office of chair or vice-chair becomes vacant, the governing body must elect a new chair or vice-chair at the next meeting. If the chair is absent from a meeting, or if the office of chair is vacant, the vice-chair will act as chair for all purposes.
Delegation of functions to the chair and vice-chair in cases of urgency
40. The chair or vice-chair has the power to carry out functions of the governing body if a delay in exercising a function is likely to be seriously detrimental to the interests of the school, a pupil at the school or their parents, or a person who works at the school. This power excludes matters related to the alteration and closure of schools, change of school category, change of school name, approval of the budget, discipline policies and admissions. Any action taken under this power must be reported to the governing body.
Removal of the chair or vice-chair from office
41. The governing body can remove the chair or vice-chair from office unless the chair has been nominated by the Secretary of State for Education under Section 67 of the Education and Inspections Act 2006.
42. A motion to remove the chair or vice-chair must be an agenda item for a governing body meeting and the agenda must be circulated to governing body members at least seven clear days in advance of the meeting.
43. The governor(s) proposing the removal must state their reasons for doing so at the meeting. The chair or vice-chair must be given the opportunity to make a statement in response before he or she withdraws from the meeting and the governing body votes on the proposal to remove the chair or vice-chair from office.
ROLE OF THE CLERK
44. The clerk needs to work effectively with the chair of governors, the other governors and the head teacher to support the governing body. The clerk should be able to advise the governing body on constitutional and procedural matters, duties and powers. The clerk is accountable to the governing body.
Appointment of the clerk to the governing body
45. The governing body must appoint a clerk to the governing body. Governors, associate members and the head teacher of the school cannot be appointed as clerk to the governing body.
46. If the clerk does not attend a meeting, the governors present at the meeting can appoint a member of the governing body (but not the head teacher) to act as clerk for that meeting.
Functions of the clerk
47. It is the responsibility of the clerk of the governing body to:
- convene meetings of the governing body;
- attend meetings of the governing body and ensure minutes are taken;
- maintain a register of members of the governing body and report vacancies to the governing body;
- maintain a register of attendance and report this to the governing body;
- give and receive notices in accordance with relevant regulations;
- perform such other functions as may be determined by the governing body from time to time.
A full job description for governing body clerks is given in the national training programme for clerks to governing bodies.
Removal of the clerk
48. The governing body can remove its clerk from office by resolution at a governing body meeting. If a school does not have a delegated budget, the LA may dismiss the clerk and appoint a substitute, but the authority must consult the governing body before doing so.
RIGHT TO ATTEND GOVERNING BODY MEETINGS
49. Governors, associate members, the head teacher and the clerk have the right to attend governing body meetings. In addition, the governing body can allow any other person to attend its meetings. Associate members may be excluded from any part of a meeting when the item of business concerns an individual pupil or member of staff.
CONVENING GOVERNING BODY MEETINGS
50. The governing body is best placed to decide how often and for how long it needs to meet in order to perform its functions effectively. However, each governing body must hold at least three meetings per school year. Many governing bodies meet more often and this is for the governing body to decide.
51. Meetings are convened by the clerk, who takes directions from the governing body and the chair. Any three members of the governing body can request a governing body meeting by giving written notice to the clerk that summarises the business to be conducted. The clerk must convene a meeting as soon as is practicable.
52. The clerk must give each governor, associate member and the head teacher (if not a governor) written notice of a meeting, a copy of the agenda and any papers to be considered at the meeting at least seven clear days before the meeting. If the chair considers that there are matters that demand urgent consideration, he or she can determine a shorter period of notice, but the period of notice must be at least seven clear days if matters to be considered include the removal of the chair, the suspension of any governor, changing the school’s name or a proposal to close the school.
QUORUM FOR GOVERNING BODY MEETINGS
53. The quorum for any governing body meeting and vote must be one half (rounded up to a whole number) of the complete membership of the governing body, excluding vacancies. For example, if the full membership is 15 and there are three vacancies, then the quorum for a governing body meeting is six governors (one half of 12).
VOTING
54. Every question to be decided at a governing body meeting must be determined by a majority of votes of those governors present and voting. If there is an equal number of votes, the chair (or the person acting as chair provided that they are a governor) has a second, or casting vote. A unanimous vote in favour of the proposal of the full membership of the governing body is required to change the name of a school. If a governor is unable to be present at the meeting where a vote to change a school name is to be taken the governor can vote by proxy. The proxy must be a governor or associate member whose appointment as a proxy is in writing and signed by the governor unable to attend. This is the only occasion where a proxy vote can be accepted.
55. Any decision to close the school will not have effect unless it is confirmed by a governing body meeting held not less than 28 days after the meeting at which the decision was made. The item has to be an agenda item and seven days’ notice has to be given.
MINUTES AND PAPERS
56. The clerk must ensure that minutes are drawn up, approved by the governing body and are signed by the chair at the next meeting.
57. Regulation 13 of the Procedures Regulations provides that the governing body must make available for inspection, to any interested person, a copy of the agenda, signed minutes and reports or papers considered at the meeting as soon as is reasonably practical. The governing body is obliged to make this information available upon request under the Freedom of Information Act 2000, unless any other of the specific exemptions in that Act apply. Therefore, the governing body will only be able to withhold information that constitutes personal data or confidential information, in each case, within the meaning of the Freedom of Information Act.
RESTRICTIONS ON PERSONS TAKING PART IN PROCEEDINGS OF GOVERNING BODY MEETINGS AND COMMITTEES
58. The general principles are shown below.
- Where there is a conflict between the interests of any person and the interests of the governing body that person should withdraw from the meeting and should not vote.
- In a situation where the principles of natural justice require a fair hearing, and there is any reasonable doubt as to a person’s ability to act impartially, he or she should also withdraw from the meeting and not vote.
- Where a governor or associate member has a pecuniary interest in any matter he or she should also withdraw from the meeting and not vote.
- Examples of cases where a fair hearing must be given include decisions relating to staff or pupil discipline or admission of pupils. The restrictions on persons taking part in proceedings do not stop a governing body or committee from allowing someone who can offer relevant evidence to a case from giving that evidence.
- If there is any dispute as to whether or not a person must withdraw from a meeting the other governors present at the meeting must decide on this.
More specific provisions relating to restrictions on taking part in proceedings are set out in the Schedule to the Procedures Regulations.
SUSPENSION OF GOVERNORS
59. In certain prescribed circumstances the governing body can decide to suspend a governor for a period of up to six months. The governing body can only suspend a governor if one or more of the following grounds apply.
- The governor is paid to work at the school and is the subject of disciplinary proceedings in relation to his or her employment.
- The governor is the subject of any court or tribunal proceedings, the outcome of which may be that he or she is disqualified from continuing to hold office as a governor under Schedule 6 of the Constitution Regulations.
- The governor has acted in a way that is inconsistent with the school’s ethos or religious character and has brought, or is likely to bring, the school, the governing body or his or her office of governor into disrepute.
- The governor is in breach of his or her duty of confidentiality to the school, the staff or to the pupils.
60. A governing body can vote to suspend a governor on any of the above grounds but does not have to do so. The governing body should only use suspension as a last resort after seeking to resolve any difficulties or disputes in more constructive ways.
61. Any motion to suspend must be specified as an agenda item of a meeting for which at least seven clear days’ notice must be given. Before the governing body votes to suspend a governor, the governor proposing the suspension must give the reasons for doing so. The governor who is proposed for suspension must be given the opportunity to make a statement in response before withdrawing from the meeting and a vote then takes place.
62. A governor who has been suspended must be given notice of any meetings and must be sent agendas, reports and papers for any meetings during his or her suspension.
63. A governor who has been suspended cannot be disqualified from holding office for failure to attend meetings under Paragraph 5 of Schedule 6 of the Constitution Regulations.
DELEGATION OF FUNCTIONS
64. A governing body can delegate any of its statutory functions to a committee, a governor or the head teacher, subject to prescribed restrictions. The governing body must review the delegation of functions annually. Each governing body will remain accountable for any decisions taken, including those relating to functions delegated to a committee or individual.
65. Functions that can be delegated to a committee but cannot be delegated to an individual include those that relate to:
- the alteration, discontinuance or change of category of maintained schools;
- the approval of the first formal budget plan of the financial year;
- school discipline policies;
- the exclusion of pupils (except in an emergency when the chair has the power to exercise these functions);
- admissions.
66. The governing body cannot delegate any functions relating to:
- the constitution of the governing body (unless otherwise provided by the Constitution Regulations);
- the appointment or removal of the chair and vice-chair;
- the suspension of governors;
- the delegation of functions;
- the establishment of committees.
67. Any individual or committee to whom a decision has been delegated must report to the governing body in respect of any action taken or decision made. The governing body can still perform functions it has delegated: this enables the governing body to take decisions on matters that are discussed at meetings on functions that have been delegated. For instance, the governing body can decide to move (“vire”) money from one budget heading to another in light of changing circumstances, even if the function of approving and monitoring the budget has been delegated to a committee.
COMMITTEES OF GOVERNING BODIES
Application of this part of the regulations to staffing functions
68. This section does not apply to committees established by the governing body to deal with most staffing functions that affect individual members of staff, rather than the school staff as a whole. The delegation by a governing body of its functions relating to the appointment and dismissal of staff, staff grievance, capability, conduct, discipline and suspension matters is covered in section 11 of this Guide, Staffing.
Establishment of committees
69. The governing body must determine the membership and proceedings of any committee. The governing body must also review the establishment, terms of reference, constitution and membership of any committee annually. The membership of any committee may include associate members, provided that a majority of members of the committee are governors. Each committee must have a chair, who is either appointed by the governing body or elected by the committee. The governing body may remove the chair of a committee from office at any time.
Appointment and removal of the clerk to committees
70. The governing body must appoint a clerk to each committee. “Committee” in the Procedures Regulations means a committee with delegated functions. It does not include other groups, such as working groups set up for a specific purpose.
71. The head teacher of the school cannot be appointed as clerk to a committee. The governing body can appoint a governor to clerk one or more committees.
72. If the clerk does not attend a committee meeting, the governors present at the meeting can appoint a member of the committee (but not the head teacher) to act as clerk for that meeting.
73. The governing body can remove a clerk to a committee from office at any time.
Functions of the clerk
74. It is the responsibility of the clerk to a committee to:
- convene meetings of the committee;
- attend meetings of the committee and ensure minutes are taken;
- perform such other functions with respect to the committee as may be determined by the governing body from time to time.
- A full job description for governing body clerks is given in the national training programme for clerks to governing bodies.
Right of persons to attend meetings of committees
75. Members of committees, the head teacher (if not a member of the committee) and the clerk to the committee have the right to attend committee meetings. In addition, the governing body or the committee can allow any other person to attend their meetings. Associate members may be excluded from any part of a committee meeting when the item of business concerns an individual pupil or member of staff.
Meetings of committees
76. Committee meetings are convened by the clerk to the committee, who takes directions from the governing body and the chair of the committee.
Notice of committee meetings
77. The clerk must give each governor and associate member who is a member of the committee and the head teacher (if not a governor) written notice of a meeting, a copy of the agenda and any papers to be considered at the meeting at least seven clear days before the meeting. If the chair of the committee considers that there are matters that demand urgent consideration he or she can determine a shorter period of notice.
Quorum
78. The quorum for any committee meeting and for any vote must be three governors who are members of the committee (or more) as determined by the committee.
Voting
79. Every question to be decided at a committee meeting must be determined by a majority of votes of those governors and associate members present and voting. If there is an equal number of votes, the chair (or the person acting as chair), provided that he or she is a governor, has a second (or casting) vote. The committee can only vote if the majority of the committee members present are governors.
Associate members
80. The governing body can give limited voting rights to associate members on committees at the time of appointment. Associate members cannot be given voting rights if they have not reached the age of 18 at the time of their appointment.
81. Associate members may not vote on any decision concerning admissions, pupil discipline, election or appointment of governors, the budget and financial commitments of the governing body.
Minutes of committee meetings
82. Minutes must be drawn up by the clerk and signed by the chair after approval at the next meeting of the committee. The committee must make available for inspection to any interested person a copy of the agenda, signed minutes and reports or papers considered at the meeting as soon as is reasonably practicable. Information relating to a named person or any other matter that the committee considers confidential does not have to be made available for inspection.
WHAT LEGISLATION DOES THIS REFER TO?
The Education Act 1996: Sections 2, 4, 5, 496 and 497
School Standards and Framework Act 1998: Section 48 (as amended by the Education Act 2002), Education Act 2002, in particular Sections 19, 21, 23, 29, 30, 32, 33, 35 and 78–80, and Schedules 1 and 3
The Education and Inspections Act 2006, in particular Section 67 and Part 4
The School Governance (Constitution) (England) Regulations 2007: SI 2007/957
The Education (School Government) (Terms of Reference) (England) Regulations 2000: SI 2000/2122
The School Staffing (England) Regulations 2003: SI 2003/1963 (as amended by SI 2003/2725 and SI 2006/3197)
The School Governance (Procedures) (England) Regulations 2003: SI 2003/1377 (as amended by SI 2003/1916, 2003/1963, 2004/450 and 2007/959)
FURTHER SOURCES OF INFORMATION
Roles of Governing Bodies and Head teachers, DfEE Guidance, issued September 2000
School complaints procedure located in the roles and responsibilities area of the Department for Education website
Extended Schools: providing opportunities and services for all (2002), on the Department for Education website
Schools Causing Concern, on the Department for Education website
