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Dear Stephen

Discussion in 'Governors' started by greenblacks, Feb 15, 2015.

  1. montiagh

    montiagh New commenter

    greenblacks - Do you have a copy of the Academies 'Articles of Association' if not ask for a copy.

    Model ones can be found here and most academies use the model but yours could have produced a bespoke version. See para 78 by the way,

    www.gov.uk/.../academy-model-memorandum-and-articles-of-association

    The articles are the Academies rule book (like a registered Company at Companies House) . As I say your academy may be using the standard model or a tailored version. Even with it on board there is still an amazing latitude to what academy boards can get up to.

    You talk of 5 or 6 parents have applied to become governors. Can you explain more? Is it for parent governors (have some vacancies arisen?) Is it for co-opted governors (have some vacancies arisen?). Do you know the composition of your GB? If you have an acting chair how did he become acting. Is he your vice chair?

    Check out goverance in (MATS) multi academy trusts here.

    www.gov.uk/.../governance-in-multi-academy-trusts.pdf
     
  2. Hi Montiagh we have no community governors and we're supposed to have 3 so one parent has applied for this post, the early years have no representative so another parent has been recommended by the head of early years for this post and 2 other parents have applied .One parent who works 1 hour a week as a playground assistant has been refused as they have enough staff governors. We are supposed to have 3 staff governors, 3 parent governors and 3 community. The chair and her husband a parent director are due to complete their 4 years in October. The constitution is currently lost I have requested it from a governor who directed me to school office. Not sure how acting chair became vice chair. Perhaps the website page can answer a couple of your comments

    [This comment/section has been removed for breaching our Community Guidelines]
     
  3. 1. Appointment of Chair and Vice Chair of FGB

    Chair: BO proposed PD, seconded by BF. There being no further proposals, PD was

    duly appointed unopposed.. Vice Chair: PD proposed BF, seconded by BO. There

    being no further proposals, BF was duly appointed unopposed Vice Chair.

    Minutes 15.9.14
     
  4. There's no public election for any governors
     
  5. THanks for your help montiagh - 12 mum's are currently reading your links - ours is not a charity so some do not apply - but still reading !
     
  6. Our articles of association state that parent governors should be elected by ballot - this has not happened to our knowledge in the past - have asked if any parents can recall this happening . Clause re convictions also very interesting Many Thanks for your continued help !
     
  7. montiagh

    montiagh New commenter

    Greenbacks it might be wise to remove the link to your school on here to prevent identification, as it is not normal to name a school, so but I will leave that thought with you.

    If the details of all you say is correct then it does appear there is some disfunctionality surrounding your school. That said the governor section on your website contains a great deal more than most primaries.

    I note that companies house are not kept up to date on your director appointments and or resignations, and note that your head teacher resigned as a director governor of your school in late February, which is unusual.

    I presume your school is RI and are being persuaded to join a MAT and you will pay 6% into the collective pot.

    Your three school MAT is well underway (Merciam Academy Trust) and it seems to be the DfE putting pressure on your gb to convert. They probably have a broker leaning on you.

    There are other options to collaboration if needed and it is possible your directors looked at no other options.

    The decision will be up to your directors (governors) even if 100% of governors are not in favour.

    I am also guessing that your school have not reconstuted. Have a look at 2.2 on this following link to get a though description of governance in MAts.

    www.clerktogovernors.co.uk/.../section-2-constitution-and-procedures

    If you wanted to see some information via freedom of information go to whatdotheyknow website and make a request to the dfe for copies of communications between your school and the dfe say in the last year and be specific in the request that it is about the MAT although it would take a few weeks.

    I have a gut feeling your mat will go through and the main governance of your school will transfer to the trust above you. The only way governors could stop that is through a judicial review which sounds fancy but is simply about whether a public body (your school) breached or did not breach legislation. Other than that you are pretty well left with take it on the chin.

    It appears your school became an academy and was incorporated on 20th October 2011.
     
  8. montiagh

    montiagh New commenter

    My post above should have said 100% of parents and typos are due to late night posting.
     
  9. Thanks montiagh - how do I remove the link ? We have not had any ballots for parent governors since we went to academy, a governr said yesterday that they do not have titles like parent, community gov anymore they each do what ever is needed.... not sure how this stands really????
     
  10. I have reported the link as abuse and put a note apologising for my mistake Thanks
     
  11. Forgot to ask if you are available to hire on a consultancy basis ? Thanks
     
  12. Thanks for the link - have requested paperwork from the D0fE

    Really appreciate your help ! Think we'll have to send you a big crate of wine/chocs when its all done Thanks
     
  13. montiagh

    montiagh New commenter

    Thank you for your kind comments greenblacks but I am afraid I am just an average school governor with an interest to help governor related problems if possible. This site does not make it easy to remove things. You can touch base with me on schoolgovernor @mail.com if you wish.
     
  14. montiagh

    montiagh New commenter

    Greenblacks - I wonder also why your school did not consider a federation of the academy schools as another legal collective option. See at the bottom a link.

    One of the drawbacks of where you are now is that it is well known that the drivers of MATs promise the earth and in many cases do not deliver and what your school will have is a LGB (Local Governing body). Let that term not fool anyone. A governing body is a statutory body with statutory powers under the Education Act 1986, a local governing body is not so " When is a governing body not a governing body? When it is a ?local governing body?. It can in effect mean you cede control / governance of the school to elsewhere.

    Why is this so important? Because all over the country, in multi academy chains, people are being appointed as members of a local governing body; they are told they are governors; they think they are governors; they attend governor training; but they are not governors, simple as that.

    A budget can be devolved to a local governing body if the board of directors decides this. They can also withdraw it. The board of directors, not the local governing body, appoints the Headteacher. Members of a local governing body can be removed by the directors.

    There is evidence that as governing bodies accede to this, they are often told that they will remain as governors of the school, without realising that they are voting all their powers, statutory functions and tenure and status as governors away to the academy sponsor.

    In your current school your governors are also the directors of your school.

    This conflation of the terms ?directors? and ?governors? in a single academy, does not occur in the multi academy model, where the term ?directors? is used exclusively. In the Model Articles of Association in a multi academy the corresponding articles are:

    Article 1(j): ?the Directors? means save as otherwise defined at Article 6.9 the directors of the Company (and ?Director? means any one of those directors);

    Article 46 describes staff directors and parent directors in the way we think of parent and staff governors in maintained schools and Article 93 defines the statutory powers:

    ?the business of the Company shall be managed by the Directors who may exercise all the powers of the Company.

    A multi academy trust will include a number of different academies, in which a new school-based body can be established by the board of directors.

    This is the ?local governing body?.

    A local governing body can be set up in each academy in the group by the directors. It is defined thus:

    Article 1(o): ?Local Governing Bodies? means the committees appointed pursuant to Articles 100-104 (and ?Local Governing Body? means any one of these committees).

    Once governing bodies realise that joining a multi academy trust means abandoning their powers and responsibilities, they may have further cause to pause and think.

    So the school 20 mins from you if you progressed to finalising the MAT may well put in place all the promises, but that could change over time. The factors that your school are juggling with are ofsted rating (and this can with some considerable effort be changed i n a short space of time) rural location, PAN size, DfE politics, school staff/governors/parents wishes, which all combine to question where your future needs to be.

    www.nga.org.uk/.../The-road-to-federation-summary-report-v2.pdf.aspx
     
  15. Thank you montiagh ! That's tonight and tomorrow's homework for us then ! Thanks
     
  16. Hi Montiagh,

    The headteacher was requested (as seen in the minutes Sept) to find another parent governor, the Pre School head was requested to find 2 parents for governors and we have one community governor position vacant also. The Acting Chair however has replied to one parent who is applying for the governors post below

    1) The current role that is vacant is a Community Governor role, therefore there is no need to swap the role from Parent Governor to a Community Governor.

    2) If a Parent Governor role is to be re-assigned to a Community Governor role, then that would need to be agreed by the Governing Body who is quorate (i.e. three members of the Governing Body need to present to vote). There is no procedure for this as it will be up to the Governing Body how a situation of re-assignment of roles is decided.

    We have checked the constitution/aticles of association up to the latest filed in companies house 2013 which states that there is no maximum number of parent governors and that they should be elected by parental ballot - this has not happened in the past 4 years.

    I welcome your advice

    Thanks
     
  17. montiagh

    montiagh New commenter

    It depends on exactly what your articles of association say, but I would have envisaged at least two parent governors should be on your governing body and should be elected to those posts using the standard procedures of a maintained school. I can't be sure but it does sound like some jiggery pokery is going on. You can still touch base with me on the above email address minus the space if it is more useful and we could exchange a number. Sometimes it's best to talk. I shall have a look further later this evening.
     
  18. montiagh

    montiagh New commenter

    A model article of association from 2011 contained the following on parent governor elections.

    53. Subject to Article 57, the Parent Governors shall be elected by parents of

    registered pupils at the Academy. A Parent Governor must be a parent of a

    pupil at the Academy at the time when he is elected.

    54. The Governing Body shall make all necessary arrangements for, and

    determine all other matters relating to, an election of Parent Governors,

    including any question of whether a person is a parent of a registered pupil at

    the Academy. Any election of Parent Governors which is contested shall be

    held by secret ballot.

    55. The arrangements made for the election of a Parent Governor shall provide

    for every person who is entitled to vote in the election to have an opportunity

    to do so by post or, if he prefers, by having his ballot paper returned to the

    Academy Trust by a registered pupil at the Academy.

    56. Where a vacancy for a Parent Governor is required to be filled by election, the

    Governing Body shall take such steps as are reasonably practical to secure

    that every person who is known to them to be a parent of a registered pupil at the Academy is informed of the vacancy and that it is required to be filled by

    election, informed that he is entitled to stand as a candidate, and vote at the

    election, and given an opportunity to do so.

    57. The number of Parent Governors required shall be made up by Parent

    Governors appointed by the Governing Body if the number of parents

    standing for election is less than the number of vacancies.

    58. In appointing a Parent Governor the Governing Body shall appoint a person

    who is the parent of a registered pupil at the Academy; or where it is not

    reasonably practical to do so, a person who is the parent of a child of

    compulsory school age.
     
  19. montiagh

    montiagh New commenter

    The model also states:-

    GOVERNORS

    45. The number of Governors shall be not less than three but (unless otherwise

    determined by ordinary resolution) shall not be subject to any maximum.

    46. Subject to Articles 48-49 and 64, the Academy Trust shall have the following

    Governors:

    a. Up to 13 Governors, appointed under Article 50

    b. any Staff Governors, if appointed under Article 50A;

    c. up to 1 LA Governor if appointed under Article 51 ;

    d. a minimum of 2 Parent Governors appointed under Articles 53-58 ;

    e. the Principal;

    f. any Additional Governors, if appointed under Article 62, 62A or 68A; and

    g. any Further Governors, if appointed under Article 63 or Article 68A;

    64. Within 5 days of the Secretary of State appointing any Additional or Further Governors in accordance with Articles 62, 62A or 63, any Governors appointed under Article 50 and holding office immediately preceding the appointment of such Governors, shall resign immediately and the Members? power to appoint Governors under Article 50 shall remain suspended until the Secretary of State removes one or more of the Additional or Further

    Governors.

    TERM OF OFFICE

    65. The term of office for any Governor shall be 4 years, save that this time limit shall not apply to the Principal. Subject to remaining eligible to be a particular type of Governor, any Governor may be re-appointed or re-elected.
     
  20. Thank you montiagh - just trying to get the one's who know the most together for a phone call - I am merely the gopher ! Thank you for your help , back soon.
     

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