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Dear Clare, can a staff governor be a member of the 'executive board' of a new style academy?

Discussion in 'Governors' started by Crispness, May 10, 2011.

  1. What conversion process? I know you're a busy man, but help us out here.

    In the event that you are becoming an academy, then there is no restriction on the appointment of staff members to the Executive board. But neither is there a requirement that they do. It is up to the appointing body (usually a trust of some sort)

    If they want to decide that staff cannot be appointed, then thats their right to do so.
     
  2. We're converting from LEA maintained school to a new style academy. As far as I was aware, the appointing body is the current school governors.
     
  3. A converting school will have an Academy Trust (the members) and a governing body who also become the directors of the company. The Academy Trust is made up of: the individuals who signed the Memorandum of Association (usually three people), the chair of governors of the Academy, any other individuals the existing members decide to appoint, any individuals appointed by another body associated with the school (if there is one) and the Secretary of State also has the power to appoint. I cannot see anything in the Model Articles which specifically prohibits a member of staff also being a Member of the Academy Trust, but I do not profess to be a legal expert.
    In the model Articles of Association it is expected that Academy Trust will delegate most of its powers to the governing body (who will also be directors of the company). The Trust will have the power to appoint some (but not all) of the governing body - how many will be specified in the Academy's Articles of Association and this should be an issue which the governing body of the existing school discusses and decides before conversion. There is no requirement for an Academy to have staff governors (other than the Principal who is ex-officio a governor) and if the Academy does have staff governors then it is for the Members of the Trust to determine how they should be appointed (i.e. this does not have to be by election). Again this latter issue should be discussed and determined by the existing governing body before conversion.
     
  4. I am not sure this describes the relationships correctly. The Trustees are the directors but the governors do not all have to be trustees/directors. This is important because charity law expressly prohibits trustees from benefiting from their role and so effectively prevents any employee of the trust from being a trustee.
     

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