7. Compliance
Guidance for governing bodies on how to meet its legal and regulatory responsibilities with regards to compliance.
The governing body is responsible for ensuring legal and regulatory compliance across a range of areas, including but not limited to:
- general principles of education law
- responsibilities as operators of an educational institution, such as:
- conditions and obligations imposed by funding or regulatory bodies
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 regulation 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.
7.2.1 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 Children 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 the SEND code of practice.
Governing bodies should have an individual responsible for specific oversight of the school’s arrangements for children with SEND.
The SEND code of practice assists the governing body and the link or lead governor in supporting and promoting discussions with regards to outcomes for learners with SEND.
Helpful information and questions for SEND governors is available to support with their role.
7.2.3 Special educational needs coordinator
All mainstream schools and maintained nurseries must have a teacher designated as the special educational needs coordinator (SENCO).
The SEND code of practice provides guidance on the role and responsibilities of a SENCO.
7.2.4 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.
7.3.1 School funding
The national funding formula (NFF) for schools is used to determine how much core schools funding is allocated to mainstream schools for their pupils from reception to year 11. There are separate formulas for:
- sixth-form
- high needs
- early years funding
The NFF for schools allocates funding primarily based on pupil numbers and 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 NFF for schools 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 both maintained schools and academies
- 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 pool their funding together.
Mainstream schools additional grant (MSAG)
In the 2023 to 2024 financial year, mainstream schools have been allocated additional funding through the mainstream schools additional grant (MSAG) in addition to the allocations made through the NFF for schools.
From the 2024 to 2025 financial year, the MSAG funding will be incorporated into the NFF for schools and the MSAG will cease to exist as a separate grant.
Teachers’ pay additional grant
In both the 2023 to 2024 and 2024 to 2025 financial years, mainstream schools will be allocated additional funding through the teachers’ pay additional grant (TPAG).
This funding is allocated to support schools with the September 2023 teachers’ pay award.
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
Recovery premium
Recovery premium is part of the government’s package of funding to support pupils whose education has been impacted by COVID-19.
In accordance with grant conditions, the governing body has a role in scrutinising recovery premium spending decisions by schools and will discuss the rationale for recovery spending with senior leaders. The school’s pupil premium strategy statement, which also includes recovery premium spending, can be used to support discussions.
Strategy statements must be:
- published annually
- based on the ‘menu of approaches’ set by DfE (see ‘Using pupil premium: guidance for school leaders’ for details)
Further guidance on the recovery premium is available.
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
16 to 19 funding
Funding for 16 to 19 year olds is allocated by the Education and Skills Funding Agency (ESFA) through separate arrangements. Basic funding is calculated using NFF rates.
Find out more about how 16 to 19 funding works.
7.3.2 Charging for school activities
Governing bodies cannot charge for:
- admission to a maintained school
- the provision of education
This is subject to limited exceptions, as set out in the Education Act 1996, sections 449 to 462.
Supporting guidance on charging for school activities is available.
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.
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
- pupil referral units
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 must regularly monitor and review its health and safety policies to ensure risks are managed if full removal is not reasonably practicable.
The governing body need 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.
7.5.1 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 (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 Act 2005, sections 14 and 16.
Read The Education (School Inspection) (England) Regulations 2005 (regulation 6) for more details.
7.5.2 Section 48 inspections
The governing body of a voluntary or foundation school with a religious character is subject, under the Education Act 2005, to secure a section 48 inspection.
The governing body must ensure these inspections take place within the time periods specified in law, as set in The Education (School Inspection) (England) (Coronavirus) (Amendment) Regulations 2021.
There is a 3-year extension to the prescribed 5-year interval for inspections, applied from September 2021, due to suspension during the pandemic. Once a school has received its initial inspection the timing reverts back to a 5-year interval. It is also responsible for contractual arrangements and fees.
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 manage the process for claiming this.
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.
When a governing body receives the final report, it 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
- consider translating the report into other languages, where appropriate
More details regarding the report and legislations surrounding it are available:
- regulation 6 and regulation 11 of The Education (School Inspection) (England) Regulations 2005
- the Education Act 2005, sections 14 and 16
All governing bodies and headteachers must not allow the promotion of one-sided political views as set out in Section 406 and Section 407 of the Education Act 1996. This applies both to the teaching of any subject and to extra-curricular activities at the school. Where political issues are covered, opposing views must be presented in a balanced way.
The governing body should actively promote staff awareness of the statutory requirements and relevant information, including guidance on political impartiality in schools.
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:
- providing a statement or privacy notice to individuals whose personal data is being processed or held
- responding 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. The information management toolkit for schools (pages 64 to 71) may help with this.
The Information Commissioner’s Office (ICO) has published resources on UK GDPR, including guidance about accountability and governance.
Our 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 has been developed. This should be read alongside the statutory guidance keeping children safe in education (KCSIE).
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.
Governing bodies have a strategic leadership responsibility for its school’s safeguarding arrangements. They must:
- comply with their duties under legislation
- have regard to KCSIE guidance
- ensure that policies, procedures and training in their schools are effective and comply with the law at all times
Governors and associate members should ensure they have read and follow part 2 of the KCSIE guidance.
7.8.1 The Prevent duty
Under the Counter-Terrorism and Security Act, all schools are subject to the Prevent duty. They should follow the:
- need to prevent people from being drawn into terrorism
- statutory guidance on Prevent duty
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
Schools have a statutory duty to promote wellbeing through section 21 of the Education Act 2002.
The statutory obligations of schools in relation to pupil mental health and wellbeing are covered by wider duties including:
- the curriculum
- behaviour
- SEND
- safeguarding
Further non-statutory guidance on promoting children and young people’s mental health and wellbeing is available.
7.8.3 Supporting pupils in school with medical conditions
Governing bodies have a legal duty to ensure that their school has a policy in place to support pupils with medical conditions.
Supporting pupils with medical conditions at school contains statutory and non-statutory guidance to help governing bodies meet their legal responsibilities and sets out the arrangements they are expected to make, based on good practice.
The governing body must comply with:
- section 88 of the Education and Inspection Act 2006
- the Education (Educational Provision for Improving Behaviour) Regulations 2010
It should follow statutory guidance on:
Maintained schools must publish their behaviour policy on the school’s website.
Guidance on behaviour in schools and guidance on the use of reasonable force in schools 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 must carry out their legal duties as outlined in the guidance.
Read the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 (legislation.gov.uk) for more information.
7.10.1 The school admissions code
The school admissions code is a code of conduct that 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 statutory guidance school admission appeals code
- legislations that affect admissions and admission appeals, including:
The local authority is usually the admission authority for:
- its community
- 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
It is legally responsible for admission decisions such as determining the admission arrangements and making the decision on the allocation of school places.
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.
Governing bodies must ensure that schools are:
- keeping admission and attendance registers according to The Education (Pupil Registration) (England) Regulations 2006
- providing information requested by the Secretary of State for Education in line with Education Act 1996 including termly absence data
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 statutory guidance
Further reading on the expectations of governing bodies are contained in working together to improve school attendance.
Governing bodies must be aware of the advice in keeping children safe in education on children who are absent from school and children missing 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:
- use parenting contracts
- apply for parenting orders or education supervision orders in line with the Anti-social Behaviour Act 2003
- prosecute for absence (in the case of attendance only)
A maintained school causing concern is one that:
- is eligible for intervention
- meets the criteria for the local authority or the Secretary of State for Education to issue a warning notice as set out in the Education and Inspections Act 2006
A maintained school will be eligible for intervention if it meets at least one of the following criteria:
- it is judged inadequate by Ofsted
- it has met the definition of a coasting school (a school not making necessary improvements) and the governing body has been notified by the Secretary of State for Education of this
- it fails to comply with a warning notice
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 schools causing concern guidance contains further details.
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.
Read our guidance on school complaints procedures which provides 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 contains 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 can investigate complaints from parents about their child’s school to decide whether to use its inspection powers. If requested, the governing body must provide Ofsted with any information relevant to the complaint.
If Ofsted need to meet with parents as part of an investigation, the governing body must work with it to arrange the meeting. Where a school does not have a delegated budget, this will be done by the local authority. Arrangements include:
- allowing a meeting to take place on the school premises
- arranging a date for the meeting
- notifying parents and the local authority (where relevant) of the meeting
Representatives of the governing body and local authority can attend the meeting.
If Ofsted prepares an investigation report, it must be:
- passed to the governing body, or local authority if it involves a school without a delegated budget
- sent as a copy to all registered parents by the governing body or local authority
The governing body is responsible for the length and structure of the school day and week. Any final decisions about changes to the length of the school week 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.
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.
The government has set out a non-statutory expectation that all mainstream, state-funded schools should deliver a minimum school week of 32.5 hours by September 2024. Guidance to support schools that are not yet meeting the minimum expectation is available.
Governing bodies and local authorities must refer to the statutory guidance when opening, closing or making organisation changes to maintained schools.
The guidance sets out the processes required by law for these changes to occur.
7.16.1 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 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:
- estate management competency framework - helps to build governor capability in managing the school estate
- Condition Data Collection 2 (CDC2) programme and how to access a school condition report for your school
- guidance on identifying reinforced autoclaved aerated concrete (RAAC)
- design and construction of school buildings
- The School Premises (England) Regulations 2012
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 religious bodies
- 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
Therefore, 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:
- schedule 22 and section 77 (for playing field land) of the School Standards and Framework Act 1998
- schedule 1 of the Academies Act 2010
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.
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:
- duty to manage asbestos in buildings
- asbestos management checklist to help schools check whether suitable precautions are in place
- Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, including the legal requirement to notify HSE in certain circumstances where asbestos has been disturbed or damaged
7.16.5 Funding for capital investment
Funding for school building conditions
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 energy efficiency
Some types of capital funding available for schools include:
- school condition allocations (SCA) and devolved formula capital which local authorities and larger voluntary-aided school bodies receive to improve the condition of the schools they are responsible for
- the condition improvement fund (CIF) which is open for bids each year for sixth-form colleges and smaller voluntary-aided school bodies who are not eligible for SCA
- basic need allocations to help local authorities meet their statutory duty to provide sufficient school places
- high needs provision capital allocations to support local authorities in providing new places and improving existing provision for children and young people with SEND or requiring alternative provision
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 to governing bodies to support them in meeting their obligations, but 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 document ‘School land transactions: guidance’ on the page Submit a school land transaction proposal contains more guidance on the disposal or change of use of publicly funded land.
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 the Education Act 2002, section 27
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 the charitable site trustees that own the land and assets that the premises are used for. 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:
- they benefit the public
- they are in keeping with any site trust that governs use of the school’s premises
- any profits made are reinvested in the service or the school (though where schools occupy land held by charitable site trustees, the use of revenue generated by the school will be at the trustees’ discretion)
- they do not conflict with the governing body’s statutory duties, particularly to promote high educational achievement in the school
- any childcare is registered where necessary with Ofsted
- appropriate arrangements are in place to keep children safe, such as those outlined in safeguarding guidance for after-school clubs, community activities and tuition - the governing body should inspect these as needed
- arrangements comply with the statutory requirements for safeguarding children, including:
- the Childcare Act 2006
- part 2 of the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018, explained in the statutory guidance Disqualification under the Childcare Act 2006
- safeguarding arrangements are included in any TOCA (for example, a lease or hire agreement) as a condition of use and occupation of the premises, and failure to comply would lead to termination of the agreement
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 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 licenses
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.
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.
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 legislation 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 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:
- existing terms and conditions of teachers and support staff are protected under The Transfer of Undertakings (Protection of Employment) Regulations 2006
- statutory guidance on school teachers’ pay and conditions remains relevant to any teachers whose contract has not been renegotiated
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 adopt our model policy for teacher appraisal and capability.
Advice for governing bodies about establishing these procedures for managing staff employment in schools is available. They should be mindful of their obligations under employment law and consider the ACAS Code of Practice.
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.