Chapter 4 Boards of Governors in operation of guide for school governors
This chapter explains how a school Board of Governors should conduct its business.In this chapter:
Role of the Board of Governors |
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The Board of Governors has to fulfil its statutory functions in relation to the school and is accountable for ensuring that its decisions support the best interests of the school and its pupils. To do this, it has to
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4.1. Under the law, the Board of Governors of a grant-aided school in the North of Ireland is constituted as a body corporate. The Department has issued guidance on this corporate status in DE Circular no.1996/31 PDF 239 KB. As a corporate body, the Board of Governors is legally liable for all decisions and actions taken in its name by a governor (and the principal) or committees to which it has delegated functions. Access to advice, including on request legal advice, is available to assist the decision making process.
4.2. School governors are expected to act in accordance with the Nolan Principles of Conduct in Public Life (see Appendix 2) when fulfilling their public duties. The school Board of Governors has a wide range of statutory duties and should be ready to explain its decisions to staff, pupils and parents and others to whom it is accountable. In doing so, the Board of Governors should act as a corporate entity and individual governors should respect the sometimes confidential nature of certain aspects of board room business in the best interests of the school and its staff and pupils.
4.3. The Board of Governors may delegate functions only in accordance with the requirements of the scheme of management for the school (see below) and the financial memorandum for the school (see chapter 8). Decisions to delegate specific functions must be recorded in the minutes.
4.4. Any parental concerns should be treated seriously in accordance with the school’s procedures. It is the policy of DE that each school Board of Governors should establish formal written procedures for dealing with complaints. Formal procedures are already established for dealing with certain types of complaints such as those relating to staff grievances and appeals against school admission decisions. However, the governors should have formal written procedures for dealing with all complaints. It is in their best interests to have formal written procedures and to make them available to the wider school community.
4.5. The reference section at the end of this chapter provides examples of guidance relating to parental complaints.
Role of the principal
4.6. The strategic focus of the Board of Governors is on raising the quality of education in the school. Effective leadership within a school by the Board of Governors and the principal working in close partnership is the key to raising standards.
4.7. The Board of Governors exercises its functions within a strategic framework. The School Development Plan which includes the school’s education aims and objectives, the financial plan and the policies and targets for achieving the school’s aims and objectives provides that framework. It is important that the board considers the principal’s advice when agreeing this framework.
4.8. The principal is responsible for the internal organisation, management and control of the school and for the implementation of the School Development Plan approved by the Board of Governors. A governor should not be involved in the day-to-day running of the school.
4.9. The principal is the executive governor and should discuss all the main issues relating to the management and operation of the school with the Board of Governors. The Board of Governors acting as a critical friend, should offer support and constructive advice. Governors can and should raise questions on the principal’s proposals or recommendations. They should where appropriate seek further information to enable them to make sound decisions on the basis of all the available facts. They should be confident that the principal is providing all the information that the board requires to enable it to fulfil its statutory obligations effectively.
4.10. The principal has to ensure that the decisions of the Board of Governors are translated into action. At meetings, the principal should
- advise the governors on educational issues and all matters relating to the proper functioning of the school;
- submit regular reports, oral and written; and
- submit a written annual report on the achievements and progress of the school.
The principal is accountable to the Board of Governors for his/her performance in relation to his/her normal duties and for any functions delegated to him/her by the Board of Governors, in accordance with the scheme of management for the school. To assist the Board of Governors, the principal must provide the Board with such reports in connection with the exercise of his/her functions, as the board requires.
Role of the chairperson
4.11. The chairperson is responsible for the overall conduct of each Board of Governors or committee meeting. He/she should ensure that all its business is carried out in a structured manner and that all views are heard. Other than in the most extreme circumstances, every governor should be able to express a view and have it considered. The chairperson must ensure that governors respect the confidentiality of the business discussed.
4.12. The chairperson is responsible for agreeing the date, time, place and agenda of each meeting. The timing of meetings has to be consistent with deadlines for the decisions required on agenda items. Agenda items may reflect routine issues arising on the school calendar, but the chairperson has to ensure that items that affect and promote the good governance of the school including raising standards, are included.
4.13. Meetings must be quorate and minutes must be taken and retained of the consideration of agenda items and the decisions made at each meeting and the reasons for those decisions. It must be evident from the minutes that there is an opportunity for governors to declare personal or pecuniary interests. In addition, the minutes of any committee meetings should be referred for information to the next Board of Governors meeting. It is in governors' best interests to follow these procedures.
Scheme of management
4.14. Every school must have a scheme of management that provides for
- the membership and procedures of the Board of Governors; and
- the management of the school and the functions to be exercised by the Board of Governors, the principal and any other person or body specified in the scheme.
The scheme for each school must be consistent with education legislation and other statutory instruments including those relating to employment matters and except in so far as education legislation requires, any instrument of government for the school.
4.15. The scheme of management is an important tool which contributes to the effective governance of the school. The Board of Governors is required to operate in accordance with the scheme of management which reflects good management practices and procedures. Each governor should have a personal copy of the current scheme that applies to the school.
4.16. The scheme of management enables the Board of Governors to establish committees and to delegate certain of its own functions to a committee or to the principal. It is a matter for each Board of Governors to determine its own committee structures subject to the membership provisions in the scheme. Small schools may choose to operate committee structures only occasionally as the need arises. However, the appropriate use of committee structures will enable the Board of Governors to be more effective in its governance of the school.
4.17. Where a committee is established, the Board of Governors has to
- define its membership having regard to the provisions in the scheme and the competences of the members in the functions of the committee;
- define the extent of the committee’s delegated authority;
- ensure that it receives the minutes of the committee; and
- review the committee’s membership and remit annually.
The committee should report its recommendations or, as appropriate, its decisions to the Board of Governors.
4.18. The Board of Governors may delegate functions to the principal in accordance with the scheme of management. The functions that should not be delegated by the Board of Governors either to a committee or to the principal include the approval of
- the School Development Plan;
- the school’s annual and triennial financial plans;
- the levels of expenditure that may be authorised by a committee, the principal or a bursar;
- the investigation of financial irregularities;
- the school’s admissions criteria;
- a proposal to change the character or size of the school;
- the co-option of governors and the appointment of parent governors (further information is contained in chapter 3);
- the appointment or removal of the chairperson or vice-chairperson; and
- the appointment, suspension, the cessation of a suspension, the dismissal and the outcome of an appeal against the dismissal of the principal.
School councils
4.19. Many schools have established school councils as a way to enable pupils to express their views and promote issues such as anti-bullying, healthy eating and healthy lifestyles which affect them and their environment. DE considers that
“the quality and value of pupils’ contribution to improving the life of the school is potentially very great, even among the younger children. It is dependent on the extent to which the principal and staff are able to create opportunities and the climate for constructive and positive debate.”
The Board of Governors is encouraged to support this development in its own school. Guidance on the establishment and operation of school councils has been issued by the NI Commissioner for Children and Young People.
Visits to the school
4.20. It is recognised that governors may need to visit the school from time to time in order to extend their knowledge and to assist them to fulfil their statutory responsibilities. These visits should be arranged in advance with the principal. Each visit should have a purpose and be planned to cover a range of school work. Visits by governors can be useful but do not replace the monitoring and evaluation carried out by the principal.
The law
Education and Libraries (NI) Order 1986 - Article 9A-D,
as inserted by Article 123 of the Education (NI) Reform Order 1989
(Schemes of Management for Grant-aided Schools)
Education and Libraries (NI) Order 1996 - Article 40 and Schedule 4
(the Incorporation of School Boards of Governors)
Guidance
CCMS Circular 2003/29 - Handling Complaints in Catholic Maintained Schools
http://www.onlineccms.com/publications/25/?1268234310 Word document 26 KB
(issued by CCMS December 2003)
Complaints Procedures for Controlled Schools April 2008
http://www.selb.org/schooldocuments/documents2008/july/2008-116%20Guidance%20for%20Parents%20complaints%20Procedure.pdf PDF 469 KB
(issued by Southern Education and Library Board)
DE Circular 1996/31: Incorporation of Boards of Governors
http://www.deni.gov.uk/circular_no_1996_31.pdf PDF 239 KB
Guidance for Principals and Governors on the Complaints Procedure for Controlled Schools April 2008
http://www.selb.org/schooldocuments/documents2008/july/2008-115%20Guidance%20for%20Principals%20and%20Governors%20complaints%20Procedure.pdf PDF 580 KB
(issued by Southern Education and Library Board)
NICCY Democra School Guidance at www.niccy.org/article.aspx?menuid=582
