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Ratifying headteacher appointment

Discussion in 'Governors' started by mellykernow, Oct 17, 2019.

  1. mellykernow

    mellykernow New commenter

    Hi, I am staff governor at a primary school. Today we have held interviews for an acting head. There was one candidate. She gave a presentation to staff. I collected staff feedback and informed the selection panel. The staff feedback was 100% that the candidate was not the right person to lead our school.
    After the formal interview of which I had no part 6 governors out of about 12, including me, were called together. We were told that the panel had decided to offer the job to the candidate. I reiterated that staff, teachers, support staff and MTAs, would be very unhappy with the decision but was told that the decision had been made and that we were going to ratify it. I said I could not agree with the decision and was told that it didn’t matter because it wasn’t a vote.
    I have 2 questions:
    Is it legal to only have 6 of the governing body to ratify aHT appointment?
    What is the purpose of ratifying if there is no vote? Of the 6 governors who were supposed to be ratifying the decision the 3 who had been on the selection panel would have voted in favour. Two of us would have voted against and one, the current HT, would have abstained.
    Thank you
     
  2. peterdevon

    peterdevon New commenter

    nomad likes this.
  3. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Are you in a Local Authority Maintained School (not an academy)?

    There are no national rules in academies/free schools for the procedure for appointing a HT. There might be something in the Trust's own Articles or policies.

    In an LA school the procedure is laid down in the School Staffing (England) Regulations 2009

    There must be a selection panel of at least 3 governors which can recommend to the full governing body a candidate for appointment. That seems to have been done correctly.

    The selection panel's recommendation must be approved by the full governing body. The meeting that approves it must be quorate. (The Regulations say "approved" not "ratified"). Your GB meeting called to approve it appears to be been quorate if half the GB were present. Selection panel members are entitled to attend and vote on the approval. If it was not quorate the meeting could not validly approve the appointment.

    There should have been a vote however. The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013 para 14 (3) apply.

    Was your Clerk asked to give procedural advice?
     
    Last edited: Oct 18, 2019
    Flanks and nomad like this.

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