Www.parissmith.co.uk Academy Governance “key responsibilities for academy governors” Emma Swann Education Solicitor

www.parissmith.co.uk

Academy Governance“key responsibilities for academy governors”

Emma SwannEducation Solicitor


Role of governing body

• Department for Education (DfE) and Ofsted – have both recently emphasised the importance of the role of governing bodies

• Key areas for academies to consider?


Functional• A new governors handbook was published by the DfE

in September 2014

• Sets out 3 strategic functions for governing bodies:

1) Setting the academy’s vision and ethos2) Holding the head teacher to account on school performance; and 3) Overseeing financial performance


Vision and Ethos

• Role of the governing body is to set the academy’s vision, ethos and strategic framework

• Governing body should sign off policies, plans and targets to achieve strategic priorities

• Governing body responsible for reviewing progress


Educational Performance

• Governing body should hold the senior leadership team to account for school performance

• Questions?


Receiving Data

• Governors must at least once a year see objective data from external sources to evaluate the school’s performance


Sources of data

• Ofsted reports

• Schools and Colleges performance tables

• RAISE online


Financial Performance

• Governing body is responsible for ensuring their schools money is well spent

• Questions?


Academy Trust

• An academy trust is a company ltd by guarantee

• Exempt charity

• Duties as company directors and charity trustees


Duties of Company Directors

• Directors duties are set out in the Companies Act 2006. Duties include:

• To act within powers

• To promote the success of the company

• To exercise independent judgement


Duties of Company Directors

• To exercise reasonable care, skill and diligence

• To avoid conflicts of interest

• To declare interests in proposed transactions

• Not to accept benefits from third parties


Duties of Charity Trustees

• To comply with the law

• To act in the best interest of the charity

• To use reasonable care and skill


Duties of Charity Trustees

• To safeguard assets

• To act personally

• Not to profit


Practical Tips

Governors should:• Regularly attend meetings• Receive appropriate training• Be familiar with the Articles of Association, Funding

Agreement and Academies Financial Handbook• Monitor and review compliance with policies


Emma SwannEducation SolicitorParis SmithTel: 07502 357235Email: [email protected]

Documents

Www.parissmith.co.uk Academy Governance “key responsibilities for academy governors” Emma Swann Education Solicitor