5. Governance structures
An overview of governance structures and how governing bodies must be constituted.
Governing bodies of maintained schools must be constituted under the Constitution Regulations 2012. Statutory guidance is available on the constitution of governing bodies of maintained schools.
Governing bodies of federated schools must be constituted under the Federation Regulations 2012. Further guidance on federations governance processes is available.
5.1.1 Instrument of government
The constitution of all governing bodies must be set out in its instrument of government (‘the instrument’).
Find out how to manage the process of creating or amending an instrument in the guidance for governing bodies of maintained schools.
Where relevant, amendments to the instrument of government must be approved by foundation governors and may require consent from the religious authority for the school, for example the diocese.
Read The School Governance (Constitution) (England) Regulations 2012, part 5 for more information.
The total membership of a governing body must be no fewer than 7 governors and must include:
- at least 2 parent governors, elected where possible, otherwise appointed
- the headteacher (ex-officio), unless they resign the office of governor
- only one elected staff governor
- only one local authority governor, nominated by the local authority and appointed by the governing body
- foundation governors or partnership governors where appropriate, as specified in the School Governance (Constitution) (England) Regulations 2012
The governing body can also appoint co-opted governors as permitted by their instrument of government and as it considers necessary. The number of co-opted governors who are eligible to be elected or appointed as staff governors must not (when added to the one staff governor and the headteacher) exceed one-third of the total membership of the governing body (Constitution Regulations 2012 – Part 3 regulation 13).
Governors must be 18 or over at the time of election or appointment.
An effective governing body is:
- focused
- no larger than needed to carry out its functions effectively
A smaller governing body is likely to be:
- cohesive
- dynamic
- able to act more decisively on delivering its agreed strategic priorities
5.2.1 Governing body meetings
Governing body meetings must:
- take place at least 3 times a year as set out in regulation 13, as outlined in The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013
- have the appropriate quorum to carry out its business (regulation 14)
However, the governing body and its committees are recommended to meet regularly to discharge their responsibilities.
The governing body:
- ensures all governors and the governance professional can participate fully in meetings
- considers committee or panel meetings being held at suitable times so that all governors and the governance professional can participate as appropriate
- can decide how to hold meetings, such as face to face, virtually or using a hybrid model
Guidance is available from the Chartered Governance Institute on good practice for virtual board and committee meetings.
5.2.2 The governing body’s committees and panels
Committees and panels do not define the size of a governing body. They can:
- be established for a specific purpose
- include individuals from another school (joint committee)
- contain people not elected to the governing body
The governing body’s committees or panels can include associate members appointed for their specific skill or knowledge but who are not governors.
Governors must be 18 or over at the time of appointment or election.
5.3.1 Co-opted governors
Co-opted governors are people who, in the opinion of the governing body, have the skills and experience required to contribute to the effective governance and success of the school. They act in the best interests of the school and wider community.
5.3.2 Foundation governors
Foundation governors are either appointed or take the role by virtue of an office they hold (for example, ex officio). They are appointed to:
- secure the character of the school and where relevant, preserve and develop religious character
- uphold compliance with the foundation’s governing documents, for example, the trust deed as outlined in schedule 24, paragraph 13 Education Act 1996
The number of foundation governors and the identity of the body or bodies appointing them (such as a church authority, voluntary trust or organisation) will be set out in the instrument of government (see Annex A, section B2 of the constitution of governing bodies of maintained schools).
5.3.3 Partnership governors
Partnership governors are only needed in foundation and foundation special schools that do not have a foundation. They act in the best interests of the foundation school and the wider community.
Where foundation schools with a religious character do not have a foundation, they have a role to preserve and develop such religious character.
5.3.4 Local authority governors
A local authority governor is a governor that has been nominated by the local authority and appointed by the governing body.
The governing body should make clear its eligibility criteria for local authority governors and a local authority needs to make every effort to understand the governing body’s requirements to identify and nominate suitable candidates.
The governing body decides whether the local authority nominee meets the eligibility criteria. If it chooses to reject the candidate, it will need to explain this decision to the local authority.
A local authority governor, like any other governor, must govern in the interests of the school and not advocate the interests of the local authority.
5.3.5 Associate members
The governing body can appoint associate members to serve on one or more of its committees.
The definition of associate member is wide. Registered pupils and staff at the school, and people who want to contribute specifically on issues related to their area of expertise (for instance, finance) can be appointed as associate members.
Associate members:
- are not governors and they are not recorded in the instrument of government
- who are registered pupils can be under 18
- are appointed for a period between one and 4 years
- can be reappointed at the end of their term
- can attend full governing body meetings but do not vote
- can be assigned voting rights at committee level, but must be aged over 18
- may be excluded from any part of a meeting where the business being considered concerns a member of school staff or an individual pupil
5.3.6 Surplus governors
A school may have more governors in a particular category than is provided for in its instrument of government. This could arise where the governing body has reconstituted and reduced in size but does not secure enough governor resignations.
Guidance on managing this process is available in the statutory guidance for the constitution governing bodies of maintained schools (section B3).
The standard term of office for all categories of governor is a fixed period of 4 years, but this may be varied for particular categories or individuals in the instrument of government.
Terms of office for additional governors are set by those appointing and can be up to a maximum of 4 years.
Ex-officio governors stop being a governor when the position entitling them to be a governor ends.
Read the statutory guidance on the constitution of governing bodies of maintained schools (section C4) for further details.
A federated governing body’s role is to set the strategic objectives of all schools in the federation.
A governing body’s decision to federate must follow the process in the School Governance (Federations) Regulations 2012.
The governance of federations guidance provides information on constituting a federated governing body and the processes for setting up, leaving and dissolving a federation.
Every governing body should consider whether converting to an academy and forming or joining a multi academy trust under the leadership of a single trust board would be in the best interest of the school. In a school with a religious character, this will be in accordance with the diocesan bishop’s academisation strategy.
Governing bodies can read our converting to an academy documents for more details.
5.7.1 Being transparent
As publicly funded organisations whose purpose is for the public good, it is important that schools have a culture of transparency and welcome public scrutiny.
Openness about governance arrangements and decisions helps the school’s parents, carers and wider communities to understand and navigate the organisation and creates a relationship based on trust.
5.7.2 The school’s website
The school must be transparent with its governance arrangements.
The governing body or school must publish up-to-date details of its governance arrangements on its website in an accessible format. For example, the information should be on a webpage without the need to download or open a separate document.
This must also set out the structure and remit of the governing body and any committees. Details of what information must be published can be found in statutory guidance for the constitution governing bodies of maintained schools.
It may also be helpful to add the governance professional’s contact information to the school’s governance web page.
Read our guidance on what maintained schools must publish online (‘Governors’ information and duties’ section).
Data protection toolkit for schools contains further information about protecting personal data and how to fulfil duties under the Equality Act.
5.7.3 Get Information About Schools (GIAS)
Everyone involved in the governance of a school holds an important public office.
To ensure transparency on who governs our schools, the Department for Education (DfE) established a national database of governors. This can be accessed through Get Information About Schools (GIAS).
GIAS allows DfE to identify individuals who have a role in governance, and it also helps governing bodies, as well as DfE, to identify where people govern in more than one school or academy trust.
Schools must provide up-to-date information about its chair and governors on GIAS to the Secretary of State for Education as required by section 538 of the Education Act 1996. Portions of this information will be used to populate the GIAS database.
Governing bodies may want to make it clear in its code of conduct that information about individuals will be published on the school’s website and on GIAS.
Any governors who fail to provide information may be in breach of the governing body’s code of conduct.
The following GIAS information is available to the public:
- full name
- appointing body, for example governing body, foundation, parents and staff
- date of appointment (when term of office begins)
- date term of office ends
- the status of the person (for example the chair of the governing body)
In addition, the following information is collected to help identify people, but is not published:
- postcode
- date of birth
- previous names
- direct email address for chair
When collecting information from governors, schools need to make them aware that it will be shared with DfE. They will also need to explain why the information is being collected and how it will be used.
Access is restricted to a small number of users who need it to fulfil their official responsibilities.
Details about the GIAS privacy notice and service information is available.
5.8.1 Between governing bodies
2 or more governing bodies can arrange for any of its functions to be carried out jointly, as well as allow those functions to be delegated to a joint committee. This is set out in The School Governance (Collaboration) (England) Regulations 2003.
Individual governing bodies retain legal responsibility and corporate liability for all decisions made on its behalf. Governing bodies must therefore make sure that they receive regular reports, including signed minutes, from any joint committees they agree to establish.
Maintained schools may also enter into collaborative arrangements with further education colleges using joint committees.
5.8.2 Between academies and maintained schools
Maintained schools are not allowed to share governance arrangements and form formal joint committees with academies under the The School Governance (Collaboration) (England) Regulations 2003. However, they may collaborate informally.