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Staff employed at the school by outside agencies - can they become staff governors?

Discussion in 'Governors' started by Rott Weiler, Dec 5, 2011.

  1. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Yes, if they are employed by the agency specifically to work at your school, which is usually the case for most school kitchen staff but not necessarily for cleaning staff. Cleaning staff wouldn't be eligible if the cleaning contractor employs them to move around from one school to another as required, one week cleaning your school, one week somewhere else.
    The legal definition in the Regulations of eligibility to be a Staff Governor is "persons who are paid to work at the school" at the time when they are elected. The same definition applies in deciding who can vote for Staff Governors. The legal definition doesn't retrict eligibility to people who are directly employed by you, the test is whether they are "paid to work at" your school (irrespective of who is paying them to do the work), so visiting music teachers etc wouldn't qualify.
  2. Thank you - extremely helpful!
  3. The School Governance Constitution Regulations 2007 state that staff governors have to be paid to work at the school. I suspect that you could argue this either way. If you are employed by a contractor but you only work at the school you could argue that you are employed to work at the school and I have certainly come across situations where such staff have been deemed eligible to serve as staff governors. On the other hand even if you work solely in the school, if your contract with the agency merely stipulates that you are employed by x agency to work where they send you it could be argued that you are not paid to work at the school but for the agency and, therefore, not eligible.
    Clare Collins
  4. Rott Weiler

    Rott Weiler Star commenter Forum guide

    The DfE were asked almost the same question on the DfE forum on here and have answered in line with the responses above. They said:
    "As you note the regulation do not clarify "paid to work at the school". It is our view that if it is a person's normal employment to work at the school then they would be eligible to stand for election as a staff governor, regardless if they are paid by a third party."

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