7. Compliance

Guidance for governing bodies on how to meet their legal and regulatory responsibilities with regards to compliance.

7.1 Overview

The governing body is responsible for ensuring legal and regulatory compliance across a range of areas, including but not limited to:

The procedures, terms of reference and allowances of the governing body are set out in the School Governance (Roles, Procedures and Allowances) (England) Regulations 2013.

Detailed guidance on the regulations is available.

This section has information, guidance and resources to help the governing body understand these duties in more detail but does not provide a complete list of key duties or responsibilities.

7.2 Education

7.2.1 The curriculum 

The school curriculum in state-funded schools must:

  • be balanced and broadly based
  • promote the spiritual, moral, cultural, mental and physical development of pupils
  • prepare pupils for the opportunities, responsibilities and experiences of later life

This is set out in the Education Act 2002.

Responsibility for the curriculum is shared between the headteacher, the governing body and the local authority to a limited extent.

7.2.2 Pupils with special educational needs and disabilities (SEND)

Governing bodies have legal duties in relation to pupils with SEND that are set out in the Children and Families Act 2014  and must have regard when exercising their SEND functions to the statutory guidance in the SEND code of practice. This includes ensuring that a teacher or headteacher at the school is designated as the special educational needs coordinator (SENCO).

The SEND code of practice sets out an expectation that there should be a member of the governing body or a sub-committee with specific oversight of the school’s arrangements for SEND.

Special educational needs (SEN) and disabilities: guidance for school governing boards is available.      

Many pupils with SEN will have a disability. Schools also have duties under the Equality Act 2010 in relation to disability - see section 2.1.2, Equality, diversity and inclusion.

7.2.3 Looked-after and previously looked-after children

A governing body must appoint:

  • a designated teacher who is appropriately qualified to support the educational achievement of looked-after children
  • a member of staff responsible for promoting the educational achievement of looked-after and previously looked-after children

Governing bodies’ responsibilities are set out in statutory guidance the designated teacher for looked-after and previously looked-after children.

This duty is outlined in the Children and Young Persons Act 2008 and the Designated Teacher (Looked After Pupils etc) (England) Regulations 2009.

Become, a charity for children in care and young care leavers has published further guidance on children in care for school governors.

7.3 Funding and finances

7.3.1 School funding

Every year the Department for Education (DfE) uses the schools national funding formula (NFF) to distribute core funding for 5 to 16-year-old pupils (reception to year 11) in mainstream state-funded schools in England.

There are separate formulas for:

  • sixth-form
  • high needs
  • early years funding

The schools NFF allocates funding primarily based on pupil numbers and pupil characteristics, including additional funding for deprived pupils and pupils with low prior attainment.

Schools also receive funding which does not change with pupil numbers, such as lump sum contributions to fixed costs.

The dedicated schools grant (DSG)

The schools NFF determines how much funding is allocated to each local authority through the dedicated schools grant (DSG).

Each local authority then sets its own local formula to distribute their DSG allocations among schools within its local area.  

This local formula:

  • determines the final allocations for maintained schools which the department then uses to fund academies in the same local authority
  • ensures that maintained schools and academies are treated similarly in terms of their funding

Maintained schools receive their funding directly from their local authority, who receive the DSG.

Governing bodies that govern more than one school (federation) can ask to pool their funding together.

Teachers’ pay additional grant  

In both financial years 2023 to 2024, and 2024 to 2025, mainstream schools were allocated additional funding through the Teachers’ pay additional grant (TPAG). This funding was allocated to support schools with the September 2023 teachers’ pay award. 

From April 2025, this funding has been rolled into the 2025 to 2026 NFF and has ceased to exist as a separate grant for local authority maintained mainstream schools.

Teachers’ pension employer contribution grant  

In the financial year 2024 to 2025, mainstream schools were allocated funding through the Teachers’ pension employer contribution grant (TPECG). This funding was provided to support schools with increases to teacher pensions contributions from April 2024. From April 2025, this funding has been rolled into the 2025 to 2026 NFF and has ceased to exist as a separate grant for local authority maintained mainstream schools.

Core Schools Budget grant (CSBG)

In the financial year 2024 to 2025, mainstream schools were allocated funding through the Core schools budget grant (CSBG). This funding was provided to support schools with overall costs, including the 2024 teachers’ pay award and support staff pay award. From April 2025, this funding has been rolled into the 2025 to 2026 NFF and has ceased to exist as a separate grant for local authority maintained mainstream schools.

National Insurance contributions (NICs) grant

In the financial year 2025 to 2026, mainstream schools are being allocated funding through the National Insurance contributions (NICs) Grant. This funding is being provided to support schools with the increases in employer National Insurance contributions from April 2025.

Mainstream schools with eligible special units or resource provision (SURPs) will receive additional funding, on top of their mainstream allocation, to support the higher staffing costs that schools with SURPs typically face.

From April 2026, this funding is expected to be rolled into the 2026 to 2027 NFF.

Pupil premium

The Pupil premium grant is funding to improve educational outcomes for disadvantaged pupils in state-funded schools in England.

School leaders must adhere to the conditions of grant published annually for pupil premium.

Further information on the ‘menu of approaches’ and how schools should use their pupil premium can be found in Using pupil premium: guidance for school leaders and in the Education Endowment Foundation’s (EEF’s) guide to using pupil premium.

In accordance with grant conditions, a governing body should scrutinise a school’s pupil premium strategy statement and discuss the rationale for pupil premium spending with the school leadership team. It will need to consider pupil needs and high quality evidence as part of its decisions.

The governing body will discuss with school leaders how it will:

  • monitor the progress of eligible pupils
  • evaluate and sustain the impact of its strategies

PE and sport premium

Schools are accountable for how they use the PE and sport premium funding allocated to the school.

The funding must be spent for the purpose it was provided – to make additional and sustainable improvements to the PE, sport and physical activity offered.

Details of what the funding cannot be used for is listed in the guidance and includes but is not limited to, capital expenditure or teaching the minimum requirements of the national curriculum. 

Governors should:

  • monitor how the funding is being spent
  • determine how it fits into school improvement plans
  • assess the impact it is having on pupils

In addition to the above, the chair must sign off the school’s digital reporting form return detailing how the school has used its PE and sport premium allocation. If the school chooses to publish its own prepared report rather than a downloaded copy of its digital form return, the report should be signed off by the chair prior to its publication.

16 to 19 funding

Funding for 16 to 19 year olds is allocated by DfE through separate arrangements. Basic funding is calculated using the 16 to 19 funding formula.

Find out more about how 16 to 19 funding works.

7.3.2 Charging for school activities

Governing bodies must comply with the law on charging for school activities, set out in sections 449-462 of the Education Act 1996. The department has published guidance on charging for school activities to help schools develop their charging and remissions policy.

7.3.3 School companies

Governing bodies may form school companies to undertake certain activities, as set out in the Education Act 2002, chapter 3, sections 11 to 13.

Schools and school companies are separate legal entities.

7.4 Health and safety  

School premises and the accommodation and facilities provided must be kept up to a standard, where, as much as reasonably possible, the health, safety and welfare of pupils are guaranteed as required by regulation 6 of The School Premises (England) Regulations 2012.

The employer is responsible for the health and safety of employees, pupils and visitors in workplaces, as required by the Health and Safety at Work Act 1974. The employer in an educational setting depends on the type of school.

The local authority is the employer within:

  • community schools
  • community special schools
  • maintained nursery schools
  • voluntary controlled schools

The governing body is the employer within:

  • foundation schools
  • foundation special schools
  • voluntary-aided schools

Employers have a duty of care to:

  • protect the health, safety and welfare of their employees under the health and safety legislation
  • ensure that non-employees are not exposed to risks in their health and safety

Governing bodies should regularly monitor and review their health and safety policies to ensure risks are captured and managed if removal of the risk is not reasonably practicable.

The governing body needs to seek assurance that where there are potential health and safety risks:

  • appropriate corrective action is being taken
  • learning is being shared
  • improvements are being put in place

Guidance on health and safety: responsibilities and duties for schools outlines how the law affects governing bodies, executive leaders and other school staff.

7.5 Inspections

7.5.1 Ofsted school inspections

Ofsted’s school inspection handbook provides details of state-funded school inspections and monitoring, including how:

  • governors are involved
  • effective governance is assessed and reported

Handbooks and frameworks that cover other settings are also published.

Ofsted considers responses to its Parent View survey and governing bodies can access the Parent View: toolkit for schools for more information.

When a school is notified of a graded inspection, the governing body must take reasonable steps to notify parents of registered pupils and other prescribed persons. This is set out in the Education Act 2005 s6 with The Education(School Inspection) (England) Regulations 2005, regulation 4.

When the school receives its final report, the governing body must:

  • send all parents a copy within 5 working days
  • provide a copy to any member of the public who requests it, at reasonable times and places
  • publish details on a website of how to access the report, for example by linking to the school’s report on the Ofsted website
  • consider translating the report into other languages where appropriate

This is in accordance with The Education (School Inspection) (England) Regulations 2005 (regulation 6).

7.5.2 Section 48 inspections

The governing body of a voluntary or foundation school with a religious character must secure a section 48 inspection of any denominational education and the content of the school’s collective worship under the Education Act 2005.

The governing body must ensure these inspections take place within the time periods specified in law, as set in The Education (School Inspection) (England) Regulations 2005 with The Education (School Inspection) (England) (Coronavirus) (Amendment) Regulations 2021.

When choosing an inspector, the governing body must consult the relevant bodies, depending on the designation of the school (see The Education (School Inspection) (England) Regulations 2005).

A grant is available towards the cost of the section 48 inspection. Faith groups generally manage the process for claiming this, but governing bodies may claim the grant directly where they arrange the inspection themselves.

The section 48 report

Inspectors must prepare a report and send it to the school within 15 working days from the end of the inspection for factual checking.

A governing body must:

  • make reasonable arrangements for the public to inspect the report
  • ensure that every parent of a registered pupil where the school provides denominational education, or who takes part in acts of collective worship as inspected, receives a copy of the report as soon as is reasonably practicable
  • provide a copy to anyone else who asks for it
  • the Education Act 2005 section 49 has further details

7.6 Political impartiality

All governing bodies and headteachers must not allow the promotion of one-sided political views as set out in Section 407 of the Education Act 1996. So where political issues are covered, opposing views must be presented in a balanced way.

This applies both to the teaching of any subject and to extra-curricular activities. In relation to junior pupils, governing bodies and headteachers must actively forbid the pursuit of partisan political activities and the promotion of partisan political views as set out in Section 406..

The governing body should actively promote staff awareness of the statutory requirements and relevant information, including guidance on political impartiality in schools.

7.7 Protecting and sharing information

7.7.1 Data protection and retention

Schools and governing bodies must comply with data protection legislation and handling personal data in line with it. For example they must:

  • provide a statement or privacy notice to individuals whose personal data is being processed or held
  • respond to requests for personal data or subject access requests within one calendar month

This is in accordance with The Data Protection Act (DPA) 2018 and UK General Data Protection Regulations (GDPR).

Governing bodies must retain all records and documentation in line with regulations and retention guidelines. DfE guidance on record keeping and management may help with this.

The Information Commissioner’s Office (ICO) has published resources on UK GDPR, including guidance about accountability and governance.

DfE guidance on data protection in schools provides further information.

7.7.2 Freedom of Information

The governing body is responsible for ensuring the school complies with the Freedom of Information Act 2000 (FOIA). There must be a Freedom of Information (FOI) publication scheme in place.

The governing body should make sure that all staff members are aware of the FOIA and how requests for information are handled by the school. They may choose to charge a fee to cover some costs, which must be calculated according to the FOI and Data Protection (Appropriate Limits and Fees) Regulations 2004.

An FOI request must be responded to within 20 working days of receipt (not including school holidays).

Further guidance on freedom of information is available.

7.7.3 Cyber security

Governing bodies need to understand the considerable damage cyber security attacks can cause to their schools. At least one governor should complete cyber security training.

The ability to predict, prevent and respond to cyber threats is vital in protecting the school’s IT and online services and the large amounts of sensitive personal data it holds.

Governing bodies will seek assurances from senior leaders that their school is adequately prepared if a cyber incident occurs and that as governors, they are aware of cyber risks.

Further guidance about meeting digital and technology standards in schools and colleges is available.

The National Cyber Security Centre has also published some questions for governors and trustees.

Guidance to help governing bodies support school leaders in keeping children safe online is available. This should be read alongside the statutory guidance keeping children safe in education.

7.8 Safeguarding and pupil welfare

The governing body has a duty to ensure that it:

  • carries out its functions with a view to safeguarding and promoting the welfare of children
  • has regard to the statutory guidance issued by the Secretary of State for Education relating to arrangements required to fulfil its safeguarding duties

This is outlined in section 175 of the Education Act 2002.

The governing body has a strategic leadership responsibility for its school’s safeguarding arrangements. They must:

  • comply with their duties under legislation
  • have regard to the keeping children safe in education guidance
  • ensure that policies, procedures and training in their schools are effective and comply with the law at all times

In particular, governors and associate members should ensure they have read and follow ‘The management of safeguarding’ in keeping children safe in education.

7.8.1 The Prevent duty

Under the Counter-Terrorism and Security Act, all schools are subject to the Prevent duty. They must have regard to the:

All schools should ensure their staff receive training to identify children at risk and have a process in place to make a referral to Prevent if a concern is identified.

7.8.2 Pupil mental health and wellbeing

Mental health and wellbeing

Schools have a statutory duty to promote wellbeing through section 21 of the Education Act 2002.

The other statutory obligations of schools in relation to pupil mental health and wellbeing are covered by wider duties including:

  • the curriculum
  • behaviour
  • SEND
  • supporting pupils with medical conditions (see section 7.8.3 ‘Supporting pupils in school with medical conditions’)
  • safeguarding

Statutory guidance on these issues sets out how mental health and wellbeing considerations should be included. For example, specifying what needs to be taught in:

As part of meeting these statutory responsibilities, schools should ensure they have clear systems and processes in place for:

  • early intervention and identification of possible mental health problems
  • referral to experienced skilled professionals
  • clear accountability

Further guidance on promoting children and young people’s mental health and wellbeing is available.

Nutrition

Governing bodies must ensure the School Food Standards are being met and should encourage their schools to have a whole school approach to healthy eating.

School food: guidance for governors provides further guidance on the role of the governing body in school food and supporting the school to meet the school food standards.

7.8.3 Supporting pupils in school with medical conditions

Governing bodies must ensure arrangements are in place to support pupils with medical conditions.

Governing bodies should ensure that all schools develop a policy for supporting pupils with medical conditions that is:

  • reviewed regularly
  • readily accessible to parents and school staff

In developing their policy, schools may wish to seek advice from any relevant healthcare professional.

Governing bodies must ensure that:

  • the arrangements they put in place are sufficient to meet their statutory responsibilities
  • policies, plans, procedures and systems are properly and effectively implemented

There should be a named person who has overall responsibility for policy implementation. 

The school’s arrangements should:

  • show an understanding of how medical conditions impact on a child’s ability to learn
  • increase confidence and promote self-care
  • take into account that many of the medical conditions that require support at school will affect quality of life and may be life-threatening

The governing body should ensure that:

  • sufficient staff have received suitable training and are competent before they take on responsibility to support children with medical conditions
  • any members of school staff who provide support to pupils with medical conditions are able to access information and other teaching support materials as needed

Supporting pupils with medical conditions at school has guidance to help governing bodies meet their legal responsibilities and sets out the arrangements they are expected to make, based on good practice.

7.9 Pupil behaviour

The governing body must comply with:

It should follow statutory guidance on:

Headteachers must ensure that the behaviour policy is published online.

The following guidance is available for headteachers, staff and governing bodies:

7.9.1 Suspending or permanently excluding pupils

Behaviour sanctions such as suspension or permanent exclusion must follow the school suspensions and permanent exclusions statutory guidance. Governing bodies have a duty to consider whether excluded pupils should be reinstated, as set out in part 7 of the statutory guidance.

The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 (legislation.gov.uk) has more information.

7.10 School admissions

7.10.1 The school admissions code

The school admissions code must be followed when carrying out duties relating to school admissions. 

It ensures that all school places are allocated and offered in a fair way and should be read alongside:

The local authority is usually the admission authority for:

  • community schools
  • voluntary controlled schools

However, the governing body may be the admission authority if the local authority, with the governing body’s agreement, has delegated responsibility to it for determining admission arrangements.

The governing body is the admission authority for:

  • foundation schools
  • voluntary-aided schools

The admission authority is legally responsible for admission decisions such as determining the admission arrangements and making the decision on the allocation of school places where the school is oversubscribed.

Governors will need to be aware of their responsibilities under the school admissions code.

7.10.2 Admissions appeals

Admission authorities must organise admission appeals in line with the appeals code.

Guidance on admission appeals for school places is available to help admission authorities understand their roles and responsibilities as set out in the appeals code.

Governing bodies of community or voluntary controlled schools wanting to appeal against a local authority’s decision to admit twice excluded children can find out more information about the process in section 6 of the appeals code.

7.11 School attendance

Governing bodies must ensure that schools are: 

Governing bodies should:

  • recognise the importance of school attendance and promote it across the school’s ethos and policies
  • regularly review attendance data – including discussing and challenging trends
  • help school leaders focus improvement efforts on the individual pupils or cohorts who need it most
  • ensure school staff receive adequate training on attendance
  • be assured that school leaders are undertaking their responsibilities on children missing education as outlined in the guidance

Working together to improve school attendance has more information on the expectations of governing bodies.

Governing bodies must be aware of the advice on children who are absent from school and children missing education in keeping children safe in education.

All schools and governing bodies should ensure that their pupils with physical or mental health needs receive a suitable and good education.

7.11.1 Parenting measures

If a pupil’s attendance or behaviour at school becomes problematic and previous support measures have not worked, governing bodies and local authorities can:

7.12 Intervention

A maintained school will be eligible for intervention if it meets any of the following criteria:

  • it is judged by Ofsted to be in a category of concern, that is the school requires special measures or significant improvement – see section 61 and 62 of the Education and Inspections Act 2006
  • it has met the definition of a coasting school (see section 60B of the Education and Inspections Act 2006) and the governing body has been notified of this by the Secretary of State for Education
  • it fails to comply with a warning notice issued under section 60 or 60A of the Education and Inspections Act 2006

Local authorities and the Secretary of State for Education have a number of powers they can use in maintained schools that are eligible for intervention. The support and intervention in schools guidance contains further details.

7.13 School complaints

7.13.1 Complaints procedures

The governing body must establish procedures to deal with all complaints about the school and any community facilities or services it provides, unless alternate statutory procedures apply as outlined in section 29(1) of the Education Act 2002.

Governing bodies must publish the complaints procedure online. This is in line with the School Information (England) Regulations (Amendment) 2016.

Our guidance on school complaints procedures has information on best practice and a model complaints procedure.

7.13.2 Complaints to DfE

Anyone can complain to the Secretary of State for Education about a school in England.

DfE considers complaints about maintained schools to determine whether, under the Education Act 1996 (sections 496 and 497), the governing body has:

  • acted unreasonably in the exercise of its powers or performance of its duties under education legislation
  • has failed to perform a duty under such legislation

Where this is the case the Secretary of State for Education can intervene and give directions to the governing body relating to the exercise of the power or performance of the duty.

If requested, the governing body must provide relevant information about the complaint.

Complain about a school has information about the role of the Secretary of State for Education and DfE in the complaints process.

7.13.3 Complaints to Ofsted 

By law, and in certain circumstances, Ofsted may investigate complaints from parents about their child’s school to decide whether to use its inspection powers.

Ofsted’s only power regarding a qualifying complaint is to determine if a school inspection is needed. It cannot investigate individual issues. Qualifying complaints are shared with the lead inspector as part of the evidence base for inspections.  

If requested, governing bodies must provide relevant information to Ofsted about complaints from parents of pupils at the school.

If Ofsted needs to meet parents as part of the consideration of a qualifying complaint, the body and the local authority must:

  • work with Ofsted to arrange the meeting
  • arrange a meeting date
  • notify parents

A body representative can attend the meeting.  

If Ofsted prepares a report on a complaint from parents at the school, it must be passed to the body, or local authority if it involves a school without a delegated budget. The body or local authority must send a copy to all registered parents if requested to do so by Ofsted.

The School inspection handbook has more information.

7.14 Length of school week and year

The governing body is responsible for deciding the structure of the school day and the length of the school week. Any decisions about changes to these should be taken in conjunction with the school’s leadership team.

Maintained schools and special schools not maintained by a local authority, must open for at least 380 sessions (190 days if the school has a typical 2-session day) in a school year. This is in line with The Education (School Day and School Year) (England) Regulations 1999.

In the case of a foundation, foundation special, or voluntary aided school, the governing body is responsible for determining the dates and times when the school terms and holidays begin and end.  

The ‘school year’ means the period beginning with the first school term to begin after July and ends with the beginning of the first such term to begin after the following July.

Length of the school week guidance sets out a non-statutory expectation that all mainstream, state-funded schools should deliver a minimum school week of 32.5 hours. It includes advice on how to meet that expectation for any schools that are not yet doing so.

7.15 Opening, closing or making organisation changes to a school

Governing bodies and local authorities must refer to the guidance on school organisation when opening, closing or making organisation changes to maintained schools.

The guidance sets out the processes required by law for these changes to occur.

7.16 Managing school premises

7.16.1 School estate management

We expect schools and responsible bodies to manage their school estate strategically and maintain their estate in a safe, working condition. This includes complying with statutory duties to ensure the health and safety of building occupants.

Governing bodies must ensure that buildings:

  • provide a safe environment for children, staff and visitors
  • comply with all relevant regulations, including, but not limited to:
    • health and safety
    • fire safety
    • the control and management of asbestos

Governing bodies will also ensure they are aware of and apply other relevant guidance. In particular, this should ensure that governing bodies of maintained schools have up-to-date information about the condition of their buildings and a prioritised plan for managing them.

School developments must follow normal planning controls.

The School Premises (England) Regulations 2012 covers a number of aspects of estate management that maintained schools must follow.

Good estate management for schools includes guidance on developing an estate strategy and asset management plan, prioritising maintenance and health and safety compliance. It also provides useful tools and checklists to help manage estates effectively.

You can also find out more from the:

Building and refurbishment work in England and Wales must comply with the Building Regulations 2010. Guidance is available to help with managing estate projects.

7.16.2 Ownership and transfer of land and buildings 

Governing bodies need to understand the circumstances of the school, including who owns the land the school uses. The usual basis of occupation is as follows:

  • local authorities are the most common landowners
  • charitable site trustees are also significant landowners, particularly for schools with a religious character
  • governing bodies of maintained schools may also hold freehold or leasehold interests

Land held by charitable site trustees may have been donated for specific charitable purposes and could be subject to restrictions on how it can be used.

There may be:

  • several pieces of land which together make up a single school site, and each could have different landowners and arrangements
  • multiple interests in a single piece of land

It is important to understand the landowning arrangements and basis of occupation for a school.

Transfer of land when converting to an academy

Governing bodies converting to an academy will need to consider the transfer of land and buildings early in the process and engage with owners of the land and assets where appropriate.

Further guidance and advice on land transfers when converting to an academy is available.

7.16.3 Disposal of land and land transactions

Disposal of land includes:

  • sales
  • leases
  • change of use, in some circumstances

Governing bodies, or any other party holding land for the purposes of a maintained school, may need to involve the Secretary of State for Education for some land transactions as set out in: 

For further support, contact the land transactions team at land.transactions@education.gov.uk.

Land disposal when a foundation or voluntary school closes

If a foundation, voluntary-controlled or voluntary-aided school closes, the governing body, or the charitable site trustees that hold the land, must apply to the Secretary of State for Education for a determination on what should happen to publicly funded land they hold.

The Secretary of State for Education may make a statutory direction about what must happen to any publicly funded land held for the purposes of the school.

7.16.4 Asbestos in schools

Schools and responsible bodies have a duty to manage asbestos in their schools effectively, in compliance with The Control of Asbestos Regulations 2012.

Managing asbestos in your school or college helps schools and responsible bodies understand their duties in relation to asbestos management.

The Health and Safety Executive (HSE) have resources on:

7.16.5 Funding for capital investment

Funding for school building condition

School revenue budgets will typically fund:

  • day to day maintenance
  • checks and minor repairs to buildings

Those responsible for school buildings also have access to capital funding through different routes depending on their size and type. The funding should be used to keep buildings and grounds safe and in good working order by:

  • tackling buildings in poor condition
  • ensuring compliance with regulations
  • addressing health and safety issues
  • improving environmental sustainability

Some types of capital funding available for schools include:

  • school condition allocations (SCA)  which local authorities and larger voluntary-aided school bodies receive to improve the condition of the schools they are responsible for
  • devolved formula capital (DFC) which is allocated directly for individual schools to spend on capital projects that meet their own priorities
  • the condition improvement fund (CIF) which is open for bids each year for small multi-academy and single academy trusts, sixth-form colleges and smaller voluntary-aided school bodies who are not eligible for SCA
  • basic need allocations to support local authorities to meet their statutory duty to secure sufficient school places
  • high needs provision capital allocations which can be used to:
    • adapt classrooms to be more accessible for children with SEND
    • create specialist facilities within mainstream schools
    • continue to provide places in special schools to support pupils with the most complex needs

Funding for voluntary-aided school maintenance work

Responsibility for any work to voluntary-aided school premises is split between the governing body and the local authority.

The governing body is responsible for:

  • capital costs relating to school premises, except playing fields
  • boundary walls and fences on both playing field and non-playing field land

The local authority is responsible for costs relating to:

  • playing fields
  • buildings or structures built on them

The Secretary of State for Education makes capital grants available for voluntary-aided governing bodies to support them in meeting their obligations. Legislation limits this to 90% of costs unless the Secretary of State for Education decides exceptional circumstances apply. Local authorities can help governing bodies with their 10% contribution, subject to their own budget.

The School land transactions: guidance on the Submit a school land transaction proposal page has more information on the disposal or change of use of publicly-funded land.

7.17 Control and community use of school premises

7.17.1 Day-to-day control of school premises

Governing bodies have day-to-day responsibility for the use of their school premises. They have express statutory:

  • control over use of school premises, inside and outside school hours
  • powers to provide community facilities and services, and support these from their revenue budgets as set out in section 27 of the Education Act 2002

They must work closely with their local authority, given they have some legislative powers over the use of school premises.

Exceptions to the governing body’s control over school premises may also exist, for example where:

  • land is held by charitable site trustees and the terms of the trust document place restrictions on how the land may be used
  • a trust deed transfers control to someone other than the school governors
  • the governing body does not hold the freehold of land, and the terms of any lease place restrictions on how the land may be used
  • a Transfer of Control Agreement (TOCA) has been made
  • the local authority issues directions on how school premises should be used, for example regular booking for youth or community groups
  • the school is needed for local or general elections

Voluntary and foundation schools

The governing body for voluntary and foundation schools should work closely with any charitable site trustees who hold on trust the land and assets used for the school. This is to avoid:

  • possible conflict with the trust’s purposes
  • land being lost to the school, in extreme cases

7.17.2 Using premises for charitable purposes

Governors have the power to provide, or enter into contracts to provide facilities or services that will further any ‘charitable purpose’ for the benefit of:

  • pupils at the school or their families
  • the local community

This is set out in the Education Act 2002, section 27.

Schools that occupy land held by charitable site trustees must consult with them to ensure that the intended activities are consistent with their trust.

Facilities or services that may in certain circumstances be provided for a ‘charitable purpose’ are defined in the Charities Act 2011 as a purpose which:

  • falls within a statutory list
  • is for the public benefit

Examples of types of provision that may be for charitable purposes include:

  • childcare, including before and after school and during the holidays
  • adult and family learning
  • health and social services
  • parenting support
  • access to IT or sports facilities

This is not an exhaustive list.

Schools must reinvest any profits they make back into the service or the school.  Also, if any profit is reinvested in the school, that in itself may be the charitable purpose.

7.17.3 Using premises for extended activities and community services

Subject to some local authority powers, governing bodies can normally charge for:

  • providing extended activities and community services
  • renting or letting facilities to voluntary groups

Examples of extended activities and community services in maintained schools include:

  • nurseries
  • children’s centres
  • before and after-school clubs
  • adult education
  • breakfast clubs
  • childcare outside of school hours, including holiday care
  • sport and youth clubs

When making decisions about extended activities and community services, the governing body will need to ensure that:

Restrictions on extended activities

A governing body cannot engage in activity that might interfere with their duty to promote high standards of educational achievement at the school. This is set out in section 21 of the Education Act 2002.

The governors’ use of the power set out in section 27 of the Education Act 2002 must not significantly interfere with the performance of the governing body’s duties and is subject to any: 

  • restrictions in the school’s instrument of government or trust deed (if applicable)
  • local directions issued by the local authority on control of school premises

7.17.4 Transferring control of premises

Under the Transfer of Control Agreements (TOCAs), a governing body can transfer control of part of their premises to some other body to provide community facilities or services. See School Standards and Framework Act 1998, Schedule 13.

TOCAs allow school facilities to be used without needing ongoing management from school staff. The other body, known as the ‘controlling body,’ will use the premises during times specified in the agreement. 

The ‘controlling body’ can include: 

  • local community groups
  • sports associations
  • service providers

If the transfer covers use of premises during school hours, this must have:

  • local authority agreement
  • agreement from the Secretary of State for Education (for foundation schools)

Local authorities do not have the power to require governing bodies to enter into a TOCA. 

Governing bodies at voluntary or foundation schools must involve any charitable site trustees that own the land and assets in decisions about TOCAs.

Leases and licences 

In some situations, a lease or licence may be preferable to a TOCA.

While schools commonly enter casual or short-term lettings of their premises, the governing body does not normally have the power to enter into a lease, the exception is if it:

  • is the governing body of a foundation school
  • holds the freehold

Only charitable site trustees that own the land and assets or local authorities can grant a lease for the land they own.

Governors, local authorities and charitable trustees that own the land should work together to make the best use of their powers for lease and licence arrangements. This will ensure that they are fully compatible with how the land is held.

7.18 School uniform 

The governing body decides whether there should be a school uniform and other rules relating to the appearance of its pupils. The guidance on school uniform contains further information.

Schools and the governing body must have regard to DfE’s statutory guidance on the cost of school uniforms. This will assist governing bodies when they are developing and implementing their school uniform policies.

7.19 Staffing and performance management

The main staffing functions of the governing body in a maintained school are set out in the School Staffing (England) Regulations 2009. These include the appointment, conduct, suspension and dismissal of staff.

The staffing and employment advice for schools contains supporting guidance.

The governing body may delegate its functions relating to staff employment in schools in line with the regulations and with certain exceptions listed in regulation 4(1).

The governing body remains responsible for ensuring that delegated responsibilities are carried out.

The governing body should meet the requirements and consider the important information set out in keeping children safe in education when appointing staff.

Governing bodies’ statutory duties in relation to staff and headteacher appraisal are set out in The Education (School Teachers’ Appraisal) (England) Regulations 2012.

7.19.1 Pay and conditions of service

The relevant body (usually the governing body) must adopt and take full responsibility for maintaining, updating and implementing a robust and considered pay policy. The school teachers’ pay and conditions guidance helps governing bodies to determine their approach to headteachers’ and teachers’ pay.

A pay policy must conform to any statutory provisions that are set out within the school teachers’ pay and conditions document (STPCD).

In schools where the local authority is the employer, the pay and conditions of service for school support staff must be on the scale of grades determined by the local authority.

In foundation and voluntary-aided schools, the governing body is free to determine the pay and conditions of support staff.

Where a maintained school converts to an academy the:

7.19.2 Discipline, grievance and capability procedures

The governing body must approve:

  • disciplinary and grievance procedures for staff
  • capability procedures for dealing with staff underperformance

They must provide a procedure to enable staff to appeal against a decision to dismiss them.

Governing bodies may find the following advice and guidance useful:

7.20 Whistleblowing

The governing body is responsible for agreeing and establishing their school’s whistleblowing procedure. Every maintained school should have a whistleblowing procedure.

Maintained schools should:

  • appoint at least one member of staff and at least one governor, who other members of staff can contact if they wish to report concerns
  • ensure that all staff know about the school’s whistleblowing arrangements and who to contact in the local authority where a staff member feels they need to report to someone outside the school

Further guidance on the whistleblowing procedure for maintained schools is available.

Protect provide free, confidential whistleblowing advice to organisations and employees.