Academy governance conference slides

Academy Governance ConferenceTuesday 4 October

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Bill Watkin, Chief ExecutiveSixth Form Colleges Association

Chair’s opening remarks

Robert Hill, Visiting Senior Research Fellow, Department of Education and Professional Studies, Kings College London and Independent Education Consultant

Keynote address: building legitimacy for academy governance

Robert Hill Consulting

Academy trusts are changing the face of school governance - is it working?

October 2016


Academy governance – the upside

• A more flexible model

• Less bureaucratic

• Greater emphasis on skills

• Separation between board and school-level roles allows more time to focus on leading learning


Academy governance – the downside

Time

Numbers

1. Boards presided over unsustainable rates of expansion

Some multi-academy trusts…have been allowed to grow far too quickly without the capacity to improve their individual schools. There was a lot of empire building going on...

Sir Michael Wilshaw



2. Inadequate financial control in some academies

Since March 2014, 45 academy trusts have been issued with financial notices to improve• Deficits

• Lack of financial systems

• Fraud and conflicts of interest

• Inappropriate related party payments

• Employment of family members



3. Questionable remuneration practices

Issues relate to:• Scope and nature of

expenses reimbursed• Salary levels (relative to

impact delivered)• Fringe benefit packageshttps://www.theguardian.com/education/2016/jul/23/education-academies-funding-expenses

https://www.theguardian.com/education/2016/jul/23/education-academies-funding-expenses

https://www.theguardian.com/education/2016/jul/23/education-academies-funding-expenses



Since 2012, 160+ academies have received warning, pre-warning or termination notices (50 in the last academic year)https://www.gov.uk/government/collections/letters-to-academies-about-poor-performance

119 academies were re-brokered between September 2015 and June 2016 https://www.gov.uk/government/collections/academies-financial-notices-to-improve

4. Poor oversight of academic standards and progressNumber of academies changing sponsor by year

https://www.gov.uk/government/collections/letters-to-academies-about-poor-performance

https://www.gov.uk/government/collections/letters-to-academies-about-poor-performance

https://www.gov.uk/government/collections/academies-financial-notices-to-improve




The consequences

There may only be a few bad apples but they are tarnishing the reputation of the whole academy sector…


The consequences

…and contributing to the erosion of public confidence in academies

Source: https://yougov.co.uk/news/2016/03/17/teachers-critical-academies/


Underlying problems

Loss of moral compass


Underlying problems

Over-emphasis on vertical accountability

MAT

RSC

DfE EFA

• Parents• Pupils• The community

• Members


Underlying problems

Structural weaknesses in governance • Not sufficient separation between

members and directors• Appointment of compliant directors• Lack of shared understanding of

respective roles of chair/CEO• Confusion of roles between Board,

regions/clusters and LGBs• Reliance on inherited model• Misapplication of earned autonomy


16

Stage 1Hubris born of success

Stage 2Undisciplined pursuit of

more

Stage 3Denial of risk and peril

Stage 4Grasping

for salvation

Stage 5 Capitulation

to irrelevance or death

Source: How the mighty fall: and why some companies never give in, Collins, 2009

Underlying problems

Neglect of due diligence and risk assessment


• Patchy monitoring systems

• Internal audit not always well entrenched

• External auditors missing issues

• Education Funding Agency overstretched

• FoI and whistle-blowers exposing faults

Underlying problems

Weaknesses in compliance systems


Underlying problems

Struggling to get full value from trustees/directors

• Board does not always have the right blend of skills

• The role of company directors not always fully understood

• Patchy training and development• Constraints on directors’ time


What’s to be done?

Establish and live by your values – throughout the organisation



Review the governance structure

• Separate out roles for members and directors

• Lower threshold for having an internal audit committee

• Establish a remuneration Committee



Trust members

Trust board of directors

Standards Committee

Resources & other

committeesCEO & MAT Leadership

team

School A LGB

School B LGB

School C LGB

School E LGB

School D LGB

A cluster with an exec head

Be clear about what’s to be decided at what level – and reflect that in detailed schemes of delegation…



…and governance handbooks


Milestone 2Milestone 1 Milestone 3Organisational development

Now 3 -5 years time

Outputs & outcomes

Milestone 2Milestone 1 Milestone 3Peopledevelopment

Outputs & outcomes

Milestone 2Milestone 1 Milestone 3Teaching and learning

Outputs & outcomes

Milestone 2Milestone 1 Milestone 3Finance & business support

Outputs & outcomes

Implications for resources, skills and implementation

What’s to be done?Adopt a growth strategy having regard to a MAT’s wider context…


Context • Socio economic and cultural context• Attitude and support of local authority, parents and local community• Overall school culture/ethos

Strategy • Admissions and trends on pupil numbers• Quality and implementation of school development plan • Calibre and contribution of governors

Achievement • Attainment/progress: overall, low attainers, high attainers, FSM and by subject

• Special needs provision and progress and use of Pupil Premium• Ofsted, local authority or other assessment

Leadership and staff

• Fitness for purpose of the leadership structure and calibre of senior leaders

• Role and calibre of middle leaders• Performance of teachers, effective use of TAs and openness to change

Systems • Attendance, behaviour and discipline• Tracking and monitoring of data and quality assurance arrangements• Performance management

Teaching and learning

• Appropriateness of curriculum and availability of after-school provision• Understanding of what outstanding teaching and learning looks like• Strategy for improving teaching and learning and quality of CPD

Business • Analysis and sustainability of budget and financial outlook• Condition of buildings and capital bids• Leases and contracts and compatibility of IT systems

…and a thorough due diligence process


What’s to be done?Operate real time tracking systems across all areas of activity



Step up a gear on training and development for directors and governors/academy council members



• Adopt transparent data and reporting of meetings

• Engage with parents and local communities

• Collaborate with other schools and the local authority

Practise strong local accountability



1. Headteachers (& MAT leaders) should be paid through a single base salary*, paid through the trust and approved by the trustees

2. Don’t employ close relatives 3. Avoid related-party transactions*The salary can reflect roles and effort outside the school/MAT https://www.tes.com/news/school-news/breaking-views/working-schools-not-about-getting-rich-its-about-making-a-difference

Observe Russell Hobby’s advice

https://www.tes.com/news/school-news/breaking-views/working-schools-not-about-getting-rich-its-about-making-a-difference

https://www.tes.com/news/school-news/breaking-views/working-schools-not-about-getting-rich-its-about-making-a-difference



Provide a stronger mandate to and oversight of external audit and establish an independent regulator



The sector (i.e. MAT leaders) to step up and provide leadership

• Code of conduct• Development and self-evaluation

tools for MAT boards • Opportunities for debate and

exchange of practice• Forum for engaging with regulators

and the media


What do you think?

Questions

Disagreement?

Discussion?

Debate?

Roger Inman, Partner and Head of Education, Stone King

Becoming part of a MAT: where does the power lie?

ISCA Academy Governance Conference October 2016

Becoming part of a MAT: where does the power lie?

Roger Inman, Head of Education Group

Stone King LLP

Some Initial Considerations

• MAT governance significantly different from maintained governance

• All for one and one for all: life in a MAT is a full marriage of schools

• A truly independent existence with very limited external influence on governance (apart from faith MATs) unless things go wrong

• A fundamentally corporate culture is expected:– Even more emphasis on skills base for

governance: i.e. a Board of Directors where “every member contributing relevant skills and experience”

Some Initial Considerations

Current DfE Policy in practice entirely focused on MATs as the mechanism for a “self improving” school system, with the consequence that

• It needs particularly strong and centralised leadership and governance in MATs to provide single point of accountability for a reduced supervising bureaucracy (RSCs rather than LAs)

• This is changing MAT governance to a form not typical in corporate and charitable world

– Very limited role for executive directors– Maximum separation between the

composition of the members and directors

Maintained School Governance

GOVERNING BODY = LEGAL ENTITY

LEASES/LAND

STAFF

CONTRACTS

EXTERNAL BODY APPOINTING GOVERNORS

Single AcademyStructure and Contracts

ACADEMYTRUST = LEGAL

ENTITY

FUNDINGAGREEMENT

LEASES/LAND

STAFF

CONTRACTS

GOVERNORS = TRUSTEES = DIRECTORS

MEMBERS

Multi Academy Structure and Contracts

Multi Academy Trust (MAT)•Responsible under Funding Agreement for operating each Academy but delegates functions to LGBs and Committees•MAT consists of:(1) Members(2) Directors

DfE

Academy 1Academy 2 etc

All Academies

Local Governing Body (LGB) 1

Local Governing Body (LGB) 2...

Master Funding Agreement

Supplemental Funding

Agreements

LGB = committee of Board of Directors of MAT. MAT Directors appoints each LGB and delegate functions.

Other Committees

MAT Roles: Members

The Members• Powers:

– Appoint some of the Directors– Remove any director– Control over form of Articles of Association and

consequently composition of Board of Directors• Role:

– Oversight but not daily governance of Trust– DfE expect, where possible , for their to be

sufficient “separation of powers” to allow this oversight to be active.

MAT Roles: Directors

Trust Board of Directors

• Control all other functions of the Trust and manage the Trust day to day

• Should be strategic (3 core functions of school governance) and can delegate functions to the Local Governing Body for each school and other task based committees across the trust (e.g. Finance/Audit)

MAT Roles: DirectorsTrust Board of Directors

• Are accountable for all schools in MAT• Must therefore set and maintain:

–Agreed standards and objectives –The extent of “autonomy” in the MAT’s

academies according to standards and functionality

• Must carefully maintain and develop the scheme of delegation as main governance tool

• Must receive all necessary information and reporting from delegated structure below

MAT Board of Directors

Trust Board of Directors• Typical composition from:

–Directors appointed by members (skills based positions)

–Academy directors nominated by academies in MAT (representative): not popular with DfE at present

–CEO or other “Senior Executive Leader” = normally the only employee or “executive” director

Local Governing Bodies

• Usually succeed predecessor school Governing Bodies

• Typical composition from:–Headteachers–Staff and parent elected

representative–Other governors appointed by main

Board of Directors–Other governors appointed by the

LGB itself


• “Governing” means exercising powers delegated from the Trust Board

• Contrast purely advisory local “Councils” • “Cluster” governing body effectively a

federated governing body covering a number of academies each of which may or may not have its own advisory council to feed comment into the Cluster Governing Body


• Extent of the function and autonomy of LGBs depends on:

– The current condition of the academy: Trustees must intervene more closely if the academy fails to meet minimum agreed standards

– The extent of central services: the more such services are lead and organised at the centre of the trust, the less governance will be required at LGB level, in particular regarding “commercial” issues.


In the long term the main function of LGBs tends to become focused on:

– standards – community

as central “commercial functions strengthen and become governed by other Trust Committees

Other Trust Committees

• Finance/ Audit necessary from the start; can cover Resources generally

• Other typical options:–Resources which can later sub-divide

into tasks such, Finance, HR and estates management

–Standards at a MAT level

Faith School Variants on the Above

• Faith school joining a Faith MAT: note that appointments to both member and director groups will be controlled by the historic appointing foundation, normally in historic proportions (VC= minority; VA = majority)

• In “mixed MATs” faith school ethos and operation protected both in articles and funding agreements but Directors and Members govern otherwise. Religious bodies expect to control such MATs.

MAT Governance Structure: Summary

In descending order:The Legal Entities

– The Members– The Board of Directors

Non Legal Entities– Committees

• LGBs• Audit and other Trust wide committees

– Sub Committees of LGBS

Considerations on Joining a MAT

Context: the essential legal position is that the Members control the Directors who control:• All delegation of powers• Composition and conduct of all committees • The LGB is not a separate legal entity so

– No deal can be made about it in advance because its school will not exist to enforce such a deal

– There are no enforceable appeals process regarding Trust Board decisions except appeals over pooling of budgets to the DfE (para 3.10.6 Academies Financial Handbook)

– There is no mechanism for an Academy to trigger its departure from a MAT


Consequently School should question the following? • What is the overall strategy and direction of the MAT:

– MATs mainly focused on sponsoring tend to be/need to be more centralised and controlling

– Future growth and structure by: • phase • geography : will clustering occur?

• What are its plans for central functions and leadership?– The more central functions, the less need for local governance– Budget consequences

• Revenue contribution to centre from schools• Capital budget distribution


• How developed is its Scheme of Delegation?– Must be published on website under AFH– What variants exist to recognise different

levels of autonomy in Schools?• In particular, in a secondary led MAT, is

the leadership and governance of other types of schools credible?

Your Questions

Roger Inman, Head of Education Group

Stone King LLP

[email protected] 181235

mailto:[email protected]

Debbie Clinton, Deputy Chief Executive Diverse Academies Learning Partnership (DALP)

Establishing effective MAT governance

MAT GovernanceGetting it right….

Debbie Clinton, Deputy CEOOctober 2016

TRUSTS

DALP Agreement

DALP Board

Local Academy

Boards (LABs)

DAT NCEAT

DALP GovernanceView 1

DALP GovernanceView 2

DALP Governance – Clarity, coherence and consistency

1. Corporate and local academy level• Clear schemes of delegation with accompanying guidance (we are a ‘bit complicated’)• Clear retained responsibilities• Clear terms of reference – for everything!

2. Quality assurance• Clear accountability process for LABs and the DALP Board • Clear LABs and DALP Board self evaluation• Clear governance improvement planning process at all levels• The role of DALP internal reviews (Interim and Full) and external scrutiny

DALP Governance – Clarity, coherence and consistency

3. Communication and Information• TPPs for reporting from academies to LABs and LABs to the DALP Board • Common (and compliant) reporting templates• CONTROL the information (quality and quantity) – clear guidance• Trust/DALP Board and LABs calendars of meetings, common agenda templates and commonly set

agenda items for DALP Board, LABs and Portfolio Teams• Define governance TPPs at all levels

DALP Governance – Clarity, coherence and consistency4. Clerking Services• Role of the Senior Clerk

• Clerk’s Handbook – ‘this is how we do it’

• Minutes Templates and guidance

• Agenda templates and process

5. Training and Development• Central process for developing local and corporate training programmes

• Clerks training and development – annual programme (including common induction)

• LAB Chairs training and development – annual programme (including common induction)

6. Governance Manual

6. Governance Manual

MAT Governance – there’s lots of help out there…

1. FASNA – Guide to Effective Governance (updated September 2016)2. Browne Jacobson – Accountability, regulation and leadership in our school system – exploring

a ten year vision (September 2016)3. DfE

a. MAT support toolkit (May 2016)b. MAT Growth audit pathfinder

4. Ofsted5. Local RSC and national NSC

Kirsty Watt, Head Academy Ambassadors

Governor and Trustee skills: building the right board

Recruiting to the board in a growing MAT

www.academyambassadors.org

The ICSA Academy Governance Conference

3rd October 2016Kirsty Watt

About us: Academy Ambassadors:

• …recruits outstanding individuals from business and the professions to join academy trust boards

• …has matched 280+ senior business leaders as non-executive Directors, Chairs and Members to a range of academy trusts (from AET and e-Act to faith-based MATs and start-ups)

• … is a non profit organisation originally set up by the DfE… and the service is free.

“Academy Ambassadors have been outstanding and they deliver these incrediblyhigh quality people whose motivation was, they wanted to give back… we

found that invaluable.” –Academy Trust Chair, Populus Research 2016

2

66

The challenges:

Tackling ‘the downsides’ part I:Get it right for now and for the next few years

6

• Starter Trusts-first 5 or 6 schools up to around 1200-1500 children

• Established Trusts-5 to 15 schools or around 1200 to 5000 children

• Regional Trusts-15-30 schools

• System Trusts -30 or more schools

Finance HRGovernance

MarketingPropertyCharity

ITPurchasing

Tackling the downsides part 2:Get the right people round the table

Mergers and acquisitions

Recruitment

Risk management

Multi-site operations

3

Audit

69

1.20 largest MATs (with 20+ schools). Review of publicly available information on board composition and board member backgrounds

Proportion of the 20 largest MAT boards with at least one member with experience of:

69

Education: headteacher, teacher etcEducation: expert, academic etc

FinancialEducation: DfE, Ofsted etc

Non MAT board experienceCivil Service / Politics

Charity SectorBusiness Consultancy

Business / EntrepreneurFTSE250

HRLegal

Marketing / PR / CommunicationsProperty / EstatesRisk management

IT

95%90%

85%85%

75%70%70%

60%55%

45%45%

30%25%25%

10%10%

The current picture ….

70

And the good news …

“Almost all NEDs interviewed were positiveabout their role; they bond quickly witheducationalist colleagues, feel able tomake a valued contribution, and are

intellectually stimulated..”

“The appeal was of helping a chain of schools provide a better education for children in more deprived areas.”

– Non-executive director

5

For a school to join the Trust:• The RSC must consider the proposal to be beneficial• It must be a Bradford school• Be comprehensive in status and ethos• Be co-educational• Be located within a 20 minute off peak drive-time of

Beckfoot School• Actively want to join the Beckfoot Trust• Adopt the Trust Values, Core Purpose, Learner and

Organisational principles• Balance the educational and commercial risks of the Trust

CASE STUDY: Beckfoot Trust recruited the right people to oversee growth due diligence

721.N = 39 NEDs, interviewed online

Before starting in your role as a MAT NED / Trustee, which, if any, of the following forms of training / orientation did you receive?

72

Meeting with MAT's Chief Executive

Meeting with MAT's Chair

Pack of key documents

Tour of schools

Meeting with Company Secretary / clerk

Meeting with other NEDs

Briefing on financial data

Briefing on educational data

Briefing on terminology and policies

Other

None of the above

79%

59%

59%

41%

26%

21%

21%

18%

15%

10%

5%

Tackling the downsides part III:Get the right people round the table doing the right things

Tips for successful recruitment

1. Look in: assess existing skills, experience and board dynamic

2. Get the process right Chair/Member-led (never CEO-led)

3. Look beyond: assess scale of challenges, budget and scale of organisation in three years

4. Look out: always use an external recruiter (even if not us)

5. Be honest: state the challenge

6. Find parallels: recruit the best in that field

7. Remember good things come in twos and threes

8. Induct, induct, induct

8

www.academyambassadors.org

New Chair appointed to lead the Trust from its forming

stage to one of sustainability and growth

• CEO, Kevin Crossley said:• ‘CEOs are steeped in educational

knowledge and organisation, but the addition of Non-Executive Directors has shown me a range of different approaches. Its added to my thinking and the decisions I make.’

Establishing the need to strengthen the Board Succession and planned growth led to a review of

the Board’s start-up composition Our review confirmed that:

o Our structures and Board composition had outgrown the start-up phase

o Board membership, including Members, was education sector heavy and needed a different balance

o Skill gaps in key disciplines would become barriers to growth

o Support was needed to drive change to support our growth plans across our three geographical areas

Avoiding the risks of not developing the Board

New skills increased the chance that our blind spots were identified

New skills brought opportunities to look and think beyond what we know

Bringing in skill sets experienced in realising economies of scale (organisational) adds support to the improvement agenda

Skilled NEDs with an expertise in strategic leadership are helping us develop structures, reporting, and accountability frameworks

What we did By engaging with Academy Ambassadors to support our

advertising campaign, they helped:o Fine tune our recruitment advertisement and placed it within their

network o Shortlisted applications matched to our needso Provided the opportunity to talk with Academy Ambassadors to

discuss all shortlisted candidates With the result that:

o Five were shortlisted, of the five one was not taken forward and four were interviewed

o Three applicants were appointed having the following skills:• BAE Systems – finance, significant change management skill, business

turnaround, working at scale• Barclays Investment Bank – strategic use of finance, audit, considerable

amount of voluntary work• HSBC banking – global experience, systems and change, non-profit

volunteering

Early impact of NEDs Strengthening our corporate governance with knowledge

of the relationships between Members, Board and the Executive Teamo Ability to assimilate quickly and ask probing questionso Challenge and question education sector thinking – ‘why do

you do it this way?’ o Holding the bigger picture when offering experience/advice

NEDs are bringing added rigour to our Finance/Audit/Risk Committeeo Supporting the CEO and CFO with a strategic review of

finance o Moving finance from a largely management and compliance

function, to using finance intelligence to make investment and change possibilities

o Undertaking reviews on our remuneration structure to secure the best talent

o Supporting a review of finance reporting requirements at each level within the Trust

Title…

Mike Sheridan HMI Regional Director for London, Ofsted

Keynote address: evaluating leadership and management

Mike Sheridan HMIRegional Director, London. October 2016

Governance and inspection Slide 82

Governance and inspection


True or False?The governance handbook is only for the governors, headteachers, clerks and others with an interest in the governance of maintained schools.


FalseThe governance handbook is also for members, trustees, local governors, principals, clerks and others with an interest in governance of academy trusts and multi-academy trusts.


True or false?Overseeing the financial performance of the school and making sure its money is well spent is one of the three core functions of all governing bodies.


TruePlus ensuring clarity of vision, ethos and strategic direction and holding the headteacher to account for the educational performance of the school and its pupils, and the performance management of staff.


True or false?Boards should play a strategic role and avoid routine involvement in operational matters.


TrueSchool leaders have the operational role.


True or false?All governors should have an understanding of the financial cycle and the legal requirements of the school on accountability and spend.


TrueAll governors should ideally have a basic understanding of the financial cycle and the legal requirements of the school on accountability and spend. But, the board should ensure it has at least one governor with specific, relevant skills and experience of financial matters.


True or false?The headteacher decides the format regular reports to governors should take.


FalseThe board, not the headteacher, should determine the scope and format of headteacher’s reports.


Governance and inspectionMeeting those responsible for governance


S5 school inspection handbook, para 85

Inspectors will always seek to meet those responsible for governance during the inspection. This will usually include maintained school governors or academy trustees (including sponsor representatives, where they exist). However, in a multi-academy trust, the board of trustees may have established a local governing body to which it may have delegated certain functions. In some other cases, there may be a local governing body that is wholly advisory, with no formal governance responsibilities delegated to it. Inspectors should ensure that meetings are with those who are directly responsible for exercising governance of the school and for overseeing its performance.



The contribution of governors to the school’s performance is evaluated as part of the judgement on leadership and management. As with the meetings between inspectors and pupils, parents and staff, meetings with those responsible for governance should take place without the headteacher or senior staff.


Governance and inspectionInspectors will consider …


Governance and inspection 98

Governors’ vision

and ambition

Challenge re

motivated, respected

and effective teaching

staff

Keep pupils safe from dangers

including radicalisation

Challenge re progress of groups of

pupils

Challenge re primary

PE and sport

funding

Engagement with

parents, carers,

stakeholders and agencies

Challenge re pupil

premium

Challenge re Year 7 catch-

up funding

Fulfilment of core statutory

functions

Promote equality and

foster understandin

g

Challenge re

teaching, learning

and assessment

Commitment to own

development

Create a culture of high expectations,

aspirations and scholastic

excellence

Use of performance management

Governance and inspectionInspectors will consider whether governors …



work effectively with leaders to communicate the vision, ethos and strategic direction of the school and develop a culture of ambition

provide a balance of challenge and support to leaders, understanding the strengths and areas needing improvement in the school

understand how the school makes decisions about teachers’ salary progression and performance


S5 school inspection handbook, para 148 performance manage the headteacher rigorously

understand the impact of teaching, learning and assessment to the progress of pupils currently in the school

ensure that assessment information from leaders provides governors with sufficient and accurate information to ask probing questions about outcomes for pupils



ensure the school’s finances are properly managed and can evaluate how the school is using pupil premium, Year 7 literacy and numeracy catch-up premium, primary PE and sport funding, and special educational needs

are transparent and accountable, including in recruitment of staff, governance structures, attendance at meetings and contact with parents


Governance and inspectionQuestions that governors could be asked


What is your involvement in the performance management of the

headteacher and the staff?


Can you tell me about the use of additional funding for disadvantaged pupils?

Where has the funding had its biggest

impact?

How do you know?


Last year, the proportion of pupils reaching the standard in the Year 1 check on phonics

was well below average.

What changes have been made to address this underachievement?

What impact have the changes had?

How do you know?


How well are the pupils with low prior attainment doing in Year 3, Year 7 or Year 9?

Which groups of pupils in which year groups are making pleasing progress?

How do you know?


What is your evaluation of the school’s overall effectiveness at this stage of its

development?

What are the school’s three greatest strengths and three crucial areas for

development?

How do you know?


Can you tell me about the impact of the government’s pupil premium funding on the

attainment and progress of the school’s higher ability, disadvantaged pupils?

How do you know?


Governance and inspectionGovernors, have you checked that … ?


your details are on Edubase all the required elements about governance are on your

school’s website your headteacher checks the single central record

regularly your scheme of delegation is published on your

academy school’s website you have a full knowledge of the impact of pupil

premium, PE and sport and Year 7 catch-up funding in your school

your evaluation of the school’s effectiveness is based on hard evidence.


Governance and inspectionUseful references


HMCI’s monthly commentary, November 201521st century governance needed for 21st century schools:www.gov.uk/government/speeches/hmcis-monthly-commentary-november-2015


http://www.gov.uk/government/speeches/hmcis-monthly-commentary-november-2015

http://www.gov.uk/government/speeches/hmcis-monthly-commentary-november-2015

Changes in the 2016 school inspection handbooks:https://educationinspection.blog.gov.uk/2016/08/23/latest-school-inspection-handbooks-published/


https://educationinspection.blog.gov.uk/2016/08/23/latest-school-inspection-handbooks-published/

https://educationinspection.blog.gov.uk/2016/08/23/latest-school-inspection-handbooks-published/

What maintained school must publish online:www.gov.uk/guidance/what-maintained-schools-must-publish-online

What academies, free schools and colleges should publish online:www.gov.uk/guidance/what-academies-free-schools-and-colleges-should-publish-online


http://www.gov.uk/guidance/what-maintained-schools-must-publish-online

http://www.gov.uk/guidance/what-maintained-schools-must-publish-online

http://www.gov.uk/guidance/what-academies-free-schools-and-colleges-should-publish-online

http://www.gov.uk/guidance/what-academies-free-schools-and-colleges-should-publish-online

Statutory policies for schools:www.gov.uk/government/uploads/system/uploads/attachment_data/file/357068/statutory_schools_policies_Sept_14_FINAL.pdf


http://www.gov.uk/government/uploads/system/uploads/attachment_data/file/357068/statutory_schools_policies_Sept_14_FINAL.pdf



Ofsted on the web and on social media

www.gov.uk/ofstedhttp://reports.ofsted.gov.uk

www.linkedin.com/company/ofsted www.youtube.com/ofstednews www.slideshare.net/ofstednews www.twitter.com/ofstednews


http://www.gov.uk/ofsted

http://reports.ofsted.gov.uk/

http://www.linkedin.com/company/ofsted

http://www.youtube.com/ofstednews

http://www.slideshare.net/ofstednews

http://www.twitter.com/ofstednews

Mark Blois, Chair of Governors and National Leader of Governance, L.E.A.D Academy Trust and Partner and Head of EducationBrowne Jacobson

Board self evaluation

Mark Blois, Partner and Head of EducationBrowne Jacobson LLP4 October 2016

Board self-evaluation

ICSA Academy Governance Conference

Why self-evaluate? (1)Governance handbook - for trustees of academies and multi-academy trusts and governors of maintained schools (November 2015) “Boards should regularly evaluate their own effectiveness. As explained in departmental advice for maintained schools, the chair has a particular responsibility for ensuring the effective functioning of the board. Good chairs also ask for regular feedback from their board to improve their own effectiveness and have an annual conversation with each governor to discuss the impact of their contribution to the work of the board.” “Academy trusts producing audited accounts for the first time, for example newly converted academies, must set out in the governance statement published within the annual accounts, details of what they have done in their first year to review and develop their governance structure and the composition of the board of trustees. Established trusts should also include in their annual accounts an assessment of the trust’s governance, including a review of the composition of the board in terms of skills, effectiveness, leadership and impact.”

Why self-evaluate? (2)Corporate leadership – to clearly demonstrate a commitment to performance management Problem solution – identifying and addressing specific issues “A strong, vibrant board of directors is a clear indicator of a healthy organisation. Yet even the best organisations need a periodic check-up to ensure that they cannot just survive but will really thrive in today’s environment. To check your board’s vital signs the best place to start is with a board self-assessment.”

Benefits of self-evaluation of board performance• assess the board’s collective knowledge base, ability, and

commitment to fulfilling their responsibilities.• to ensure standards are maintained and the board is doing the

very best it can. • to help avoid stasis and continuously seek to self-improve.• to shake board out of micromanaging the organization’s work and

redirect their focus to governance issues.• ensure that the board is capable of ensuring long-term viability

and credibility.• to provide the foundation for an effective succession plan.• to benchmark against other governing bodies.

Overall it can lead to a more engaged and higher performing board.

Getting startedThe responsibility for self-evaluation of the board rests with the Chair. Chair sets the tone - important that they set an example by giving the process high status and ensuring that adequate time and resources are allocated to it. However an opportunity for informal discussions around performance will often be the first step in the evaluation process. It may initially be sufficient to select particular aspects for review, or as an allotted session during an away day. Once the idea of self-evaluation has been introduced and accepted the academy board can consider introducing a more formal approach.

The process of self-evaluationSelf evaluation/DIY questions through to external software solutions Facilitated self evaluation through to bringing in an independent third party provider to issue an independent report.

At its most simple a Board Self Evaluation process should have four elements:

• the participation of all individual trustees to ensure a shared understanding and acceptance of the benefits of the board self evaluation.

• a well thought-out, systematic process to establish an effective board evaluation

timeline.

• carefully selected board evaluation instruments to ensure that resulting information is valid, efficient and accurate.

• a thorough follow-up to confirm that areas of concern have been addressed, and board evaluation information has reached the right people.

Specific MethodologiesThere are various methods by which the self-evaluation may be

conducted. No one size fits all and the board can choose between a range of qualitative and quantitative techniques. Ideally self evaluation needs to consider three groups – the board as a whole, individual trustees and key governance personnel. To achieve benefit from the evaluation effort, a rote compliance-focused approach should be avoided. A comprehensive list of areas for investigation will need to be balanced with the scope of evaluation and the resources available for the project – important to be realistic. Remember the process itself is as important as the content.

What ground should you cover?Vision and mission:

•Does the vision and mission define the academy’s goals and objectives?

•Do board decisions and activities reflect the vision and mission?

•Is the board clear that its strategic objectives are reflected in operational plans and budgets?

•Does the board monitor and evaluate programmes to ensure they support the mission and objectives?

What ground should you cover?Governance structures and practices:

•Has the board created governance structures and practices that support its ability to govern effectively and objectively?

•Are there clearly defined job descriptions and terms of reference for Board members and committees?

•Are board meetings well organised and productive?

•Are committees working as they should and do they have the right relationship with the rest of the board?

•What is the quality of the relationship between the board and management?

What ground should you cover?Culture:

•Has the board created an appropriate culture?

•Does the board work and communicate well together?

•Does that culture value informed discussion of diverse views, constructive disagreement and debate and timely resolution of issues?

•What are the state of relationships with beneficiaries and other stakeholders?

What ground should you cover?Focus and information: •Do the board focus appropriately on the most important issues facing the academy?

•Is there agreement on what those issues are?

•Does the board have clear targets in the short and longer term and a clear understanding of how it measures performance against those targets?

•Does the board have the information needed to make informed decisions in a timely manner?

•Does the board keep abreast of sector developments?

What ground should you cover?Monitoring and evaluation:

•How well the key indicators and reporting processes are helping the board in its monitoring role?

•Does the board ensure adequate systems of internal control are in operation?

•Does the board have an adequate process for assessing and managing risk?

•Does the board avoid potential or actual conflicts of interest?

•Does the board consider new initiatives to meet changing needs?

What ground should you cover?Composition and leadership:

•Do the board have the appropriate composition in terms of knowledge, experience and skills to address the governance needs of the academy currently and in the foreseeable future?

•Do trustees feel their skills are used and their contribution is valued?

•Is the size of the board appropriate for the work we want to accomplish?

•Is the diversity of the board appropriate?

•Is the leadership of the board effective? i.e how the chair is performing in his/her role?

What ground should you cover?Board recruitment and induction:

•Is there an effective process to identify and recruit new board members?

•Is there a suitably comprehensive induction for new recruits to the board’s responsibilities and organisation?

Education specific resources for self-evaluation

NGA and All Party Parliamentary Group for Education Governance and Leadership

Twenty Questions – key questions every governing board should ask itself (November 2012)

1.Do we have the right skills on the governing board?2.Are we as effective as we could be?3.Does the chair show strong and effective leadership?4.Does the school have a clear vision and strategic priorities?5.Are we properly engaged with our school community, the wider school sector and the outside world?6.Do we hold the school leaders to account?7.Are we having an impact on outcomes for pupils?

Education specific resources for self-evaluation

NGA and All Party Parliamentary Group for Education Governance and Leadership

Twenty One Questions for Multi Academy Trusts – key questions a MAT board should ask itself (March 2015) 1.Vision, ethos and strategy2.Governance structures3.Trustee Board effectiveness and conduct4.Engagement5.Effective accountability of the executive leadership6.Impact on outcomes for pupils

Follow upImportant to focus on follow up to implement the changes highlighted as necessary or desirable.

Results might initiate group discussion and/or implement process changes.

Falls to the Chair to lead on this and introduce follow up items on subsequent agendas and ensure they are acknowledged and completed. Annual review is the most commonly recommended form of assessment. Adjusting scope and methodology from time to time helps keep the evaluation meaningful. But high performing boards seek to make self evaluation an ongoing process, not just an annual event.

Academy governance – the future

“A competency framework for governance – the skills, knowledge and behaviours needed for effective governance in maintained schools, academies and multi-academy trusts”

Corporate governance – the future?Financial Reporting Council (FRC) - UK Corporate Governance Code requires that, on a ‘comply or explain’ basis:

•boards should state in their annual report how performance evaluation of the board, its committees and its individual directors has been conducted (Code reference B.6.1);

•board evaluations of FTSE 350 companies should be externally facilitated at least every 3 years (Code reference B.6.2);

•non-executive directors should be responsible for performance evaluation of the chairman, taking into account the views of the executive directors (Code reference B.6.3).

Keep your questions comingGet in touch for more information

Please note

The information contained in these notes is based on the position as at October 2016. It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so.

© Browne Jacobson LLP 2016. Browne Jacobson LLP is a limited liability partnership.

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Colin Diamond, CBE, Executive Director for Education, Birmingham City Council

The new role of local authorities

The New Role of Local Authorities

Colin Diamond, CBEExecutive Director for Education

Birmingham City Council

Education Service Birmingham

447Schools

School Population Overall

Birmingham

Nationally

66.6%

28.9%

35.8%

17.3%

28.9%

15.2%

17.8%

15.5%

SENEAL FSMBME79%Good or

Outstanding

30In special measures

81%Primary

70%Secondary

Ofsted Ratings July 2016

+46

Independents

Virtual School provides Education support to 1,815 children in care aged 0 to 25

2.5XSENAR maintains over 7,500 EHCP – over twice the amount of the nearest core city. With 1,400 new assessments each year

4,000 Travel Assist supports over 4,500 children to travel to school

16,000 Primary and 14,465 Secondary applications received from parents of home applicants National Offer Day March 2016. Similar to Manchester and Leeds combined.

30,000

1,800

On average between November 2015 and January 2016 5.2% of 16 to 18 year olds were classed as Not in Education Employment or Training. This accounts for around 1,800 to 1,900 young people

Sensory Support works with over 1,600 children diagnosed with hearing, visual and multi sensory impairment.

5.2%1600

In 2015/16 Exclusions team supported 280 permanently excluded pupils back into education

280

Schools LA Academy Free Total

Nursery 27 27Primary 201 96 2 299Special 24 3 27Alternative 6 6PRU 1 1Secondary 29 46 7 82All Through 2 1 2 5Total 284 146 17 447

• 205,867 pupils • 114,749 State funded primary• 74,817 State funded secondary• 8,645 Independents

£19 million controllable budget

Pupils Budget Schools

Since 2010, 10,454 additional primary places have been created to meet increased pupil numbers

10,000+

Changing Times: The Future of Education in Birmingham

How can LAs support MATs?• Moral purpose – is it going to benefit the children and young people?

• Being positive about collaboration – the opposite of dog in the manger

• Encouraging conversations with all local partners

• Providing a safe place for those conversations – with governors, school leaders

• Planning for 10 years ahead – not 10 months (a bit like SRE)

• Strong working relationship with RSC/DfE

“Know what you need to be good at – then become excellent at it”

• Early Years• Place planning and admissions• SEND – inclusion• Safeguarding - from traditional CP through to Prevent• 14 plus transition• Partnership, partnership, partnership

But not

• School improvement• Recruitment and retention• Etc…….

• Questions and discussion time

• Contact details:-

email - [email protected] – 0121 464 2808

• twitter@anfieldexile

mailto:[email protected]

Thank you.