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Dear Stephen - Academy Governors Term of Office Question

Discussion in 'Governors' started by peter61, Mar 25, 2012.

  1. Dear Stephen
    We are a convertor academy having converted in late 2011.
    The question has now arisen as to when governors, terms of office ends under an academy. Our memorandum and articles generally states 4 years. However does this mean from when the academy started or from the original appointment date under the predecessor local authority school.
    Thank you in anticipation of your or anyone elses advice.
  2. It depends what your academy company Mem and Arts say. Governor details are usually in paras 46 and 50 ish from memory....

    It is not the same in every academy. some start all governors on new terms, some carry the terms over from the predecessor school. So you need to check it for your one.

  3. Sorry Peter,

    I have just re read your post more carefully. If your Mem and Arts say 4 years with no mention of transferring terms across then all terms commence on the day the academy opens. It specifically says if terms are being taken across.

    Sorry also re paragraph problem. IPad related problem, I assume. They are there in my version of my typing.....
  4. Dear Sadolbag
    Many thanks for your response. I very much have the same view - our solicitors view is different. I will represent my views to them again.
    Kind regards
  5. As I understand it, the Academy is a completely separate legal entity from its predecessor school - the previous school being effectively closed (ceased to maintain) on the day before the Academy opens. By definition the term of office should start at the point at which the Academy came into existence. I also understand that new elections for parent governors should take place as soon as possible after conversion, as the parents governors were elected as parents of the predecessor school which technically no longer exists. This would also follow if you have staff governors.
    Stephen Adamson
  6. montiagh

    montiagh New commenter

    Sadoldbag, I know nothing about Academies, but it would sound strange that an elected governor either parent or staff who has been in play for say 3 years in the non academy school is suddenly without a further election given another 4 years as governor i.e. 7 years in total.
    Stephen's take on it seems more logical, but I wonder how many elected governors who vote for academisation realise that their roles will be up for renewal soon after conversion. Or is it that many are not having elections when they should do?
    Which then begs the question, what right have those governors who were previously appointed governors have to carry on as most will have been appointed by the LA or GB.

  7. You need to remember that far fewer governors are usually elected in an academy than in the predecessor school. In my experience, only 2 remain elected- 2 parent governors. There are usually more than that in the predecessor school so the members re- appoint the parents who were on the GB before, so they don't get thrown off the GB, having voted for the academy, as the prospect of that might make most of them think again!

    Even staff governors are appointed by the members in the academies I deal with, though the Members take the results of the staff ballot to be their nomination process, so they get appointed for a further full term. you are right to say that the 2 parent govs should be re-elected, unless the Mem and Arts specifically suggest that they take their old term across and finish it ( reasonable but not always put in) . Not sure who would take the GB of the academy to task if they didn't immediately call the election as soon as the academy is formed though. I wonder if this one is regarded as a "technicality" in many cases and people de facto serve their terms out.

    Of course all academies are different and my experience might not be representative.
  8. grrmummy

    grrmummy New commenter

    When we converted last year the FGB (prior to conversion) stipulated that existing goverorships (bar the LA who could only have one appointee) would remain unchanged (date of expiry of term of office, numbers etc) until such time as the new GB decided otherwise. We felt the continuity and stability of goverance was essential after conversion given the transition (and work) that would inevitably follow. The legal advice from the Solicitors involved (who seemed pretty uptogether) was that this was perfectly acceptable.
    I can see how (some) GB's might see conversion as an excuse to elbow out some governors (especially those elected by parents) and there is no doubt that smaller GB's are going to evolve over time (even at the school I am a governor at) but IMHO there is a lot to be said for sharing the workload, being open to fresh ideas and not placing too much power in the hands of a few [​IMG]

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