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When does a term of office begin?

Discussion in 'Governors' started by elhcrh, May 16, 2015.

  1. We may need to hold parent and staff governor elections early in the Autumn term but timing is awkward! Our first full governors meeting of the new academic year is scheduled to take place a couple of weeks before any election could be completed if necessary. As an academy, the members have to ratify elected governor appointments, but there would not be another full governors/members meeting scheduled for a couple of months after any election had taken place. Would elected governors' terms of office begin on the day of their successful election, or would they have to wait until their appointments were ratified much later?
  2. Rott Weiler

    Rott Weiler Star commenter Forum guide

    For academies there are no legal regulations that define this and it's up to whatever is in your Articles but they probably don't have specific detail on this either. Essentially it's up to the academy - the Academy Trust - to decide its own procedures, Articles usually say something along the lines'the Trust shall make all necessary arrangements for, and determine all other matters relating to, an election of Parent Governors'. As your Articles (presumably its in the Articles?) say the Trust must ratify I'd say their term of office cannot begin until the date the Trust ratifies.

    If you are confident that ratification will be just a formality could you invite them to meetings in the meantime as non-voting observers?

    I think it's wrong that Trusts are allowed to vet elected parent governors anyway. Trusts shouldn't have the power to refuse to accept an elected parent that they don't like or think might be 'difficult' in my view, but you are where you are. The current DFE model Articles for academies do not allow the Trust to ratify in this way.

    Incidentally, in an LA school, where elected parent governors need no ratification, their term of office dates from the day of their election (if there is already a vacancy -or from the expiry date of the current PG's term if you hold the election in advance).
  3. Thanks for the prompt reply. That pretty much confirms what I was expecting as an answer. The Articles don't give any detail - just state that ratification is necessary. Mind you, I don't know what would happen if the members refused to ratify an elected governor? I don't see this as an issue, incidentally, just putting the question out there! I believe the elected governors are the only categories that the members can't remove according to our articles, so it makes a nonsense of having to wait to be ratified before a governor can vote etc, but I think that's just the way it is.
  4. Rott Weiler

    Rott Weiler Star commenter Forum guide

    See the additional comment about ratification that I added to my first post that crossed with your post.

    If the Trust refused to ratify then the person wouldn't be a governor, you'd still have a vacancy, and you'd have to hold a new election.

    I think the way the 'cannot remove an elected PG' bit works is that the person isn't a governor until ratified so not ratifying isn't the same as removing a governor. Once ratified the trust cannot remove the person.

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