4. People

Information on governance roles, appointments, support and staff well-being.

4.1 Building an effective team

The School Governance (Constitution) (England) Regulations 2012 provide that anyone appointed to the governing body must have the skills to contribute to the effective governance and the success of the school. 

An effective governing body needs:

  • governors with a diverse range of skills, experiences and backgrounds, who actively contribute to discussions
  • to work closely with school leaders and the governance professional (clerk)
  • a strong culture which:
    • aligns with the values of the school
    • promotes ethical conduct, diversity, and inclusivity
    • contributes to effective governance and good decision making
  • to hold themselves and school leadership to account for ethical practice, ensuring the principles of ethical leadership are embedded in training and development

Governors need to have:

  • a strong commitment to the role and to improving outcomes for children
  • an inquisitiveness to question and analyse
  • a willingness to learn

The governing body has a collective responsibility, effective governors:

  • learn from other governors on the governing body with more experience or knowledge
  • undertake training where needed so they can engage fully with discussions and strategic decision making

Where foundation governors have been appointed to a governing body by the diocese, they are chosen for their ability to preserve and develop the religious character and ethos of the school. Governing bodies should work with the appropriate religious authority to ensure that this requirement is met.

Governing bodies should use their skills to oversee the strategic success of the school, but not get involved in the work itself. For example, a person with financial skills should scrutinise the school’s accounts but not help prepare them.

For more information, read the statutory guidance in the constitution of governing bodies of maintained schools (under ‘The skills governing bodies need’).

4.1.1 Create a diverse governing body

The governing body needs to reflect the diversity of the community the school serves, in line with the Equality Act 2010. This:

  • promotes an inclusive school environment
  • provides diverse role models for staff and young people
  • provides a variety of skills, experiences, qualifications, characteristics, perspectives and backgrounds
  • promotes open debate informed by a range of voices and views
  • prevents the governing body being dominated by one perspective
  • promotes effective decision making

Having a diverse governing body with no inappropriately close personal or business ties to the school or with each other can help ensure there is sufficient challenge to decisions and strategic functions.

Governing bodies are encouraged to collect and publish diversity information about themselves, which should be widely accessible to members of the school community and the public. Governors can opt out of sharing their information, including protected characteristics, at any given time, including after publication of diversity data.  

See Equality, diversity and inclusion for further details.

For more information:

4.1.2 Induction, training and development

Local Authorities are obliged to secure the provision of training to governors under Section 22 of the Education Act 2002.

A governing body is responsible for:

  • allocating a governance training and development budget
  • identifying appropriate induction and ongoing development requirements
  • providing an induction for new governors, associate members and the governance professional identifying specific training such as safeguarding, Prevent, and how to keep pupils safe online, ensuring that all governors and the governance professional have read and follow Part 2 of Keeping Children Safe in Education guidance
  • encouraging everyone on the governing body and the governance professional to develop their knowledge and skills

A governor that persistently fails to attend training or development may be in breach of the governing body’s code of conduct and it may be necessary to consider their position.

Elected parent and staff governors, like co-opted governors, will need to have access to any support and training to ensure they can operate effectively in their role.

The Hoot is a free resource that provides news and updates on governance across the sector. You can also access podcasts, webinars, events and training opportunities.

4.2 Appointing people to the governing body

The governing body is responsible for selecting and appointing new and existing governors to new or vacant positions. However, there are some exceptions as:

  • some foundation governors are appointed by the diocesan bishop or by the diocesan authority
  • staff and parent governors are elected by their peers
  • the local authority can nominate a governor, but it is for the governing body to agree their appointment
  • other bodies that may have a role in appointments

Governors are recommended to serve on no more than 2 governing boards unless in exceptional circumstances.

Free DfE-funded recruitment support is available from Inspiring Governance, which helps connect people with relevant skills and experience to fill co-opted governor positions. Other organisations will also provide recruitment support.

4.2.1 Parent governors

A governing body must have at least 2 parent governors. Parent governors bring valuable knowledge and perspectives to the governing body.

Parent governor positions are filled by an election. In a federation, there are only 2 parent positions open to all those with parental responsibility across all the schools in the federation. Where there are not enough parents or carers to hold an election, individuals may be appointed directly to the governing body, see The School Governance (Constitution) (England) Regulations 2012 schedule 1.

Parent governors act as any other governor does. They are there to operate and make decisions in the best interest of their school, not in the interests of their child or the interests of other parents’ children.

4.2.2 Staff governors

The governing body must include one staff governor in accordance with The School Governance (Constitution) (England) Regulations 2012.

The position of staff governor is open to any member of staff working in the school, including teaching and non-teaching staff, but excludes the headteacher who can take up the ex-officio position on the governing body (see The School Governance (Constitution) (England) Regulations 2012 Schedule 2).

In a federation, the staff governor position is open to all staff across all the schools in the federation.

Staff governors act as any other governor does. They are there to operate and make decisions in the best interest of their school, not their own or other staff interests.

4.2.3 Making the elections open and secure

Governing bodies and local authorities (where appropriate) should make sure all parents, carers and staff (whether they are interested in standing or voters) are well informed about parent and staff governor elections. Further details are available in The constitution of governing bodies of maintained schools statutory guidance (sections 28 to 30).

The school should use a secure and reliable voting system. Elections can be held electronically, but postal ballots must be available for all parent governor elections as set in The School Governance (Constitution) (England) Regulations 2012.

4.3 Undertaking checks for new and existing governors

4.3.1 Disclosure and barring service (DBS) checks

Enhanced DBS checks are required for governors. This does not include a barred list check unless they are involved in regulated activity, in addition to their governance duties. Read the statutory guidance Keeping Children Safe in Education (KCSIE) (maintained school governors section) for more information.

4.3.2 Check for section 128 direction

The Secretary of State for Education has the power to issue a direction prohibiting an unsuitable individual from being, or continuing to be, a governor of a maintained school. This is outlined in Section 128 of the Education and Skills Act 2008.

The school can check that anyone applying for a governor role is not disqualified by a section 128 direction. To check:

  • a governor not doing regulated activity – contact the Teaching Regulation Agency
  • a governor doing regulated activity – an enhanced DBS check with children’s barred list information needs to be carried out (you must select ‘child workforce independent schools’ in the enhanced DBS check)

4.3.3 ‘Right to work’ governor checks

Right to work checks do not apply to governors.

Home Office guidance states that in relation to the right to work, volunteering is permitted.

Checks may be required if those undertaking voluntary work receive some form of remuneration or benefits in kind. Your local authority or the Home Office may be able to provide further information on the right to work checks in the case of volunteers.

Further guidance is available in the National Council for Voluntary Organisations (NCVO)’s volunteers from overseas page.

4.4 Suspending and removing governors

4.4.1 Suspending governors

The governing body can suspend a governor, including local authority governors, for up to 6 months at a time for a limited number of reasons outlined in regulation 17, The School Governance (Roles, Procedures and Allowances) Regulations 2013.

Governing bodies should follow the procedure set out in the regulations.

4.4.2 Removing governors

Governing bodies can remove elected parents and staff governors and co-opted governors by a majority decision, providing they follow the procedure set out in The School Governance (Constitution) Regulations 2012.

The statutory guidance sets out that governing bodies should only exercise the power to remove an elected governor in exceptional circumstances.

Local authority governors can only be removed by the local authority that nominated them (in accordance with regulation 22 of The School Governance (Constitution) (England) Regulations 2012). The governing body can ask a local authority to remove a local authority governor.

Other appointing or nominating bodies can remove individual governors that they have appointed or nominated, where applicable. This will differ depending on the specific category of governor.

4.5 The chair of the governing body

The chair is responsible for:

  • leading the governing body and ensuring its effectiveness, with support from the vice chair and the governance professional
  • championing high standards of governance and continuous improvement
  • setting and agreeing the governing body meeting agenda with support from the senior executive leader and the governance professional
  • having honest conversations with governors, associate members and committee members who are not committed to or are ineffective in their role

The chair is usually responsible for the line management of the headteacher and the governance professional (clerk) for their governance role where they are employed directly by the school. However, these functions may be delegated to a panel or committee of the governing body.

The chair sets expectations for professional standards of governance, creating the right conditions to support the governing body’s discussions and decision making. They need to make sure governors:

  • understand what is expected of them and are committed to their role
  • contribute their relevant skills, knowledge and experience
  • participate constructively in meetings and display the behaviours expected of them
  • are actively involved in the work of any committees they are a part of
  • receive appropriate induction, training and development

More information about the role of the chair is available in:

4.5.1 Chair’s action

The chair must not act alone in carrying out the functions of the governing body, unless it is a circumstance set out in The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013.

The chair is able to act in circumstances where they are of the opinion that a delay would likely be seriously detrimental to:

  • the interests of the school
  • any pupil at the school or their parent or carer
  • a person who works at the school

The chair is able to act by delegating to an individual or where that function cannot otherwise be delegated to an individual, as outlined in regulation 19(2).

Decisions taken under chair’s action should be reported in writing to the governing body as soon as possible and recorded in governing body minutes.

The National Governance Association has published further guidance on using chair’s action.

4.5.2 Electing a chair from the existing governing body

Governing bodies need to have effective succession planning arrangements in place for the position of chair and vice-chair. This involves:

  • a strategic process to identify, develop, and prepare governors to move into the role of chair or vice-chair
  • ensuring a smooth transition and continuity of effective leadership within the governing body

The governing body must elect the chair and vice-chair from the governing body. The roles can be shared if it is in the best interests of the school. Read The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013 for more information.

The chair and vice-chair must not be a governor who is employed at the school as a teacher, or any other member of the school’s staff.

To share expertise, an experienced chair may wish to consider stepping down or moving on to another school or academy trust after a reasonable time, for example after 2 terms of office (8 years) as a governor.

4.5.3 Appointing a chair from outside the governing body

A governing body can advertise for a chair from outside the governing body but must ensure it has a vacant governor position on the governing body for the person to be appointed to.

In schools with a religious character the relevant religious authority should be approached for advice where a governing body is struggling to fill the role of chair.

4.6 Recruiting a headteacher

The governing body has legal responsibility to select a headteacher, by following The School Staffing (England) Regulations 2009.  

There must be a single executive leader role at the top of the line management chain of the school. This role can be a job share, however, the ex-officio role on the governing body still carries one vote only.

It is essential that governing bodies adopt recruitment procedures that help deter, reject or identify people who might pose a risk or abuse children. Further information can be found in keeping children safe in education.

An effective governing body is proactive at putting in place a succession plan that addresses anticipated, and possible unexpected, changes in its school leadership so that the school can continue to deliver its strategy.

Governing bodies must ensure that a member of staff is appointed to carry out the headteacher functions if the outgoing headteacher leaves before a replacement is appointed. This should be an interim arrangement only, as outlined in section 35 of the Education Act 2002.

Further guidance and a toolkit on recruiting a headteacher is available.

Schools with a religious character

In schools with a religious character an alternative process will apply for recruiting a headteacher.

See staffing and employment advice for schools which contains more information.

4.7 Consideration of staff wellbeing, workload and working conditions

The governing body must:

It may wish to consider designating a governor as a wellbeing champion to provide strategic support to the school leadership team as appropriate.

The education staff wellbeing charter and school workload reduction toolkit include useful information and resources to support schools.

The following resources are available to provide further guidance:

Governing bodies and school leaders are encouraged to consider the Planning and Resources Review Group’s recommendations on:

The ‘Making data work’ report also provides recommendations and principles to reduce unnecessary workload relating to data evidence and collection.

4.7.1 Flexible working

The governing body and the school leadership team is encouraged to consider implementing flexible working practices.

The flexible working in schools guidance can help to develop and implement these policies.

4.8 Governance support and the governance professional (clerk)

All governing bodies must have a clerk, who is the governing body’s governance professional. This is required by the School Governance (Roles, Procedures and Allowances) (England) Regulations 2013.

Strong governance support and an effective governance professional will help to:

  • contribute to the governing body’s efficiency, effectiveness, productivity and compliance
  • support an understanding of the governing body’s role, legal responsibilities, strategic activities, safeguarding and organisational culture

The governance professional must not be a governor or the headteacher, as set in regulation 10(2). However, if the governance professional is absent from a meeting, a governor can be appointed to take minutes for that meeting (regulation 10(3)).

The governing body must listen to the independent advice the governance professional provides and have regard to that advice when exercising its functions.

An effective governing body:

  • understands the level of governance support they require
  • understands the knowledge, skills and behaviours needed to deliver professional governance support
  • sets standards for the service it expects from the governance professional
  • evaluates the performance of the governance professional in carrying out the governance support role

The school can get governance support through:

  • employing the governance professional directly
  • contracting with a governance professional
  • buying into a local authority’s governor services

The Chartered Governance Institute’s competency framework can support with evaluating the performance of the governance professional.

Contact National Co-ordinators of Governors Services for the latest copy of their handbook for clerks and governance professionals.

4.8.1 The governance professional

The role of the governance professional is to:

  • provide independent governance advice, guidance and effective administrative support to the governing body
  • support the governing body to meet high standards of governance, including fulfilling legal or regulatory requirements and decision making
  • help the governing body to understand its role and legal duties
  • support the chair to facilitate strategic debate and decision making
  • promote the flow of information throughout the governance structure

The governance professional receives direction from, and is accountable to, the governing body for their governance work. This will normally be through the chair.

Appraisal of the governance professional for their governance support at the school is important and we recommend this is undertaken by the chair.

The governing body supports the governance professional in identifying, accessing and attending training and development so they can:

  • maintain their governance knowledge
  • provide accurate advice
  • make sure the governing body complies with its duties

The governing body is responsible for ensuring the governance professional receives appropriate remuneration for the governance role, and that this is reflective of the skills, experience and advice they bring.

Further resources are available regarding the governance professional role:

4.9 Time off work for governing

In accordance with the Employment Rights Act 1996, employers must:

  • give employees who serve on a governing body ‘reasonable time off’ to carry out their duties
  • agree with the employee on what is ‘reasonable’

Time off can be paid but this is not required by law. Read the guidance on time off for public duties.

4.10 Paying governors

School governance is based on the principle of voluntary service and paying people is subject to legal restrictions. The government is committed to maintaining and promoting this principle.

There is no legal power for schools, local authorities or the government to pay individuals on maintained school governing bodies for their governance duties.

4.10.1 Interim executive board (IEB) payments

Where an IEB has been put in place, a local authority may choose to pay IEB members. Payment should only be offered:

  • when this is in the best interests of the school
  • until a full governing body is appointed

For more information on IEBs, read the guidance on schools causing concern.

4.11 Allowances, expenses and other payments

There are other limited, specific circumstances in which individuals serving on governing bodies can receive payments from their school. This should only take place where it is clearly in the best interests of the school.

4.11.1 Governing body allowances and expenses

If the governing body has a delegated budget, they can pay allowances or expenses to governors and associate members appointed by the governing body (see School governance (roles, procedures and allowances)(England) Regulations 2013). This must be:

  • in accordance with a policy or scheme created by the school and approved by the governing body
  • for expenditure incurred to enable the person to perform governance duties but does not include loss of earnings for attending meetings
  • paid at a rate set out in the scheme and limited to the amount shown on the provided receipt

Travel expenses must not exceed the HMRC approved mileage rates.

Where the governing body does not have a delegated budget, the local authority can pay relevant allowances and expenses, which may be at a different rate decided by them. These need to:

  • be within the HMRC approved mileage rates
  • have a receipt as proof of expenditure

4.11.2 Payment for goods and services

Governing bodies may pay for goods and services including those provided by governors.

Governors must not put themselves in a position where personal interests conflict with governance duties unless they are authorised to provide the goods or services. They must declare their interest where appropriate.

If a conflict exists, the governing body must:

  • be assured that receiving the goods or services is in the best interests of the school and will help it achieve its purposes
  • manage, and be seen to manage, any conflicts
  • be open and accountable
  • consider the advantages and disadvantages of using the goods and services