Guidance for Governors of Catholic Voluntary Aided … · 1 Guidance for Governors November 2014 ....

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Guidance for Governors November 2014

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Guidance for Governors of Catholic

Voluntary Aided Schools and Academies

November 2014

Director of Education: Dr Anne Bamford St Edward’s House, St Paul’s Wood Hill, Orpington, BR5 2SR

Tel. 01689 829331 Fax. 01689 829255 Email. [email protected] www.educationcommission.org.uk

http://www.educationcommission.org.uk/

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Contents

Act of Dedication .......................................................................................................................................... 5 (Model) Code of Conduct for the Governing Body of [..school..] ............................................................... 6

Introduction ......................................................................................................................................... 6 General ............................................................................................................................................... 6 Commitment ....................................................................................................................................... 6 Relationships ....................................................................................................................................... 6 Confidentiality ..................................................................................................................................... 6 Conduct .............................................................................................................................................. 7 Suspension .......................................................................................................................................... 7 Removal .............................................................................................................................................. 7

Introduction ............................................................................................................................................ 8 A Note on the Governors’ Handbook: For governors in maintained schools, academies and free schools (DfE September 2014) ......................................................................................................................... 8

Catholic Education in the Diocese .......................................................................................................... 10 The Diocesan Vision for Catholic Education ....................................................................................... 10 The Diocese ...................................................................................................................................... 10 The Archbishop and Trustees ............................................................................................................. 10 The Education Commission ............................................................................................................... 11 Planning for Provision of School Places. ............................................................................................. 13

The Distinctive Nature of the Catholic School ......................................................................................... 15 Evaluating the Distinctive Nature of the Catholic School ..................................................................... 15 The Common Good in Education ....................................................................................................... 15

Partners in the Service ........................................................................................................................... 16 Department for Education (DfE) ......................................................................................................... 16 Local Authority (formerly known as the local education authority) ....................................................... 17 Staff .................................................................................................................................................. 17 The Headteacher .............................................................................................................................. 18 Other Posts ....................................................................................................................................... 18 Parents and Carers ............................................................................................................................ 18 Pupils ................................................................................................................................................ 18 Parishes ............................................................................................................................................ 19 The Wider Community ....................................................................................................................... 19 Other Schools .................................................................................................................................... 20

The Role and Responsibilities of Governing Bodies ................................................................................. 20 The Legal Status of the Governing Body ............................................................................................. 20 The Powers of the Governing Body ..................................................................................................... 21 Ofsted Requirements for Governance ................................................................................................. 22 Categories of Governors..................................................................................................................... 23 Foundation Governors.. ..................................................................................................................... 23 Co-opted Governors. .......................................................................................................................... 24 Parent & Staff Governors ................................................................................................................... 24 The Headteacher. ............................................................................................................................. 24 Associate Members ........................................................................................................................... 24 The Role of the Chair ........................................................................................................................ 24 Managing Meetings ........................................................................................................................... 25 Chair’s Action .................................................................................................................................... 25 Confidentiality ................................................................................................................................... 26 Chair’s Casting Vote .......................................................................................................................... 26

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Relationship with the Headteacher ..................................................................................................... 26 Parish Priests as Chairs ...................................................................................................................... 26 Governors’ Visits to the School ........................................................................................................... 27 Attendance at Meetings Other than in School .................................................................................... 27 Code of Conduct ............................................................................................................................... 27 Declarations of Interests .................................................................................................................... 27 Allowances for Expenses .................................................................................................................... 28

Self–Evaluation and Skills Auditing ......................................................................................................... 29 Governing Body Self-Evaluation ......................................................................................................... 29 Skills Auditing .................................................................................................................................... 29

Meetings and Committees ..................................................................................................................... 29 Full Governing Body Meetings ............................................................................................................ 29 Quorum ............................................................................................................................................ 30 Role of the Chair at Governing Body meetings .................................................................................... 30 Role of the Clerk ................................................................................................................................ 31 Minutes ............................................................................................................................................. 31 Committees ....................................................................................................................................... 32

Admissions and Exclusions..................................................................................................................... 33 Objections to Admissions Arrangements ............................................................................................. 33 Coordinated Admissions Schemes ...................................................................................................... 34 Appeals ............................................................................................................................................. 34 Admissions Forums ............................................................................................................................ 34 Exclusions ......................................................................................................................................... 35 Unlawful Exclusions ........................................................................................................................... 36

Curriculum ............................................................................................................................................ 36 The Role of the Governing Body......................................................................................................... 36 Inclusion ........................................................................................................................................... 36 Religious Education ........................................................................................................................... 37 Sex and Relationships Education ........................................................................................................ 37 British Values .................................................................................................................................... 37

Staffing ................................................................................................................................................. 38 The Governing Body as Employer ....................................................................................................... 38 Appointments .................................................................................................................................... 38 Appointment of a Headteacher or Deputy Headteacher ..................................................................... 39 Leaders of Religious Education ......................................................................................................... 40 Teaching Staff ................................................................................................................................... 40 Support Staff ..................................................................................................................................... 40 Contracts .......................................................................................................................................... 40 Staff Discipline, Capability, Grievance and Absence ............................................................................ 41 Developing a Staffing Structure and TLRs .......................................................................................... 41 Job Descriptions ................................................................................................................................ 42 Pay and Conditions of Service ............................................................................................................ 42 Performance Management ................................................................................................................ 42

Succession Planning .............................................................................................................................. 43 What Governing Bodies can do .......................................................................................................... 43 Growing your Own ............................................................................................................................. 43 Opportunities for CPD for Senior Leaders ........................................................................................... 43 Applications from Teachers in Schools that are not Catholic ............................................................... 44 Retaining Talented Teachers ............................................................................................................. 44

Securing Improvement in Schools causing concern ................................................................................. 44 Schools in Challenging Circumstances ............................................................................................... 44 Schools Judged to be Inadequate by Ofsted ....................................................................................... 45 The Role of the Diocese ..................................................................................................................... 45

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Schools Judged to Require Improvement by Ofsted ............................................................................. 46 Federations and Executive Headship .................................................................................................. 46 Pastoral Care .................................................................................................................................... 46

Control and Use of the Premises ............................................................................................................ 47 Ownership of the Premises ................................................................................................................. 47 Governors Body’s Financial Responsibilities ........................................................................................ 47 Insurance .......................................................................................................................................... 47 Health and Safety .............................................................................................................................. 47 Lettings Policy: Out of Hours Use ....................................................................................................... 48 Extended Schools .............................................................................................................................. 48

Appendix 1 ........................................................................................................................................... 50 Appendix 2 ........................................................................................................................................... 52 Appendix 3…. ....................................................................................................................................... 53

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Act of Dedication

God, our Father, in your goodness, strengthen us.

We have offered ourselves as school governors for your Church.

Renew us with your gifts of wisdom, understanding and patience, that we may govern by word and example

and live the truth that comes from you.

In Christ, God has revealed his love and truth. May he make us witnesses to the Gospel

and to his love for all people, especially for those in our community in most need.

May the Holy Spirit be with us

so that we may truly help the school we have been called to serve in a spirit of tolerance and of generous love for one another.

In the name of the Father and of the Son

and of the Holy Spirit

Amen

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(Model) Code of Conduct for the Governing Body of [..school..]

Introduction

The following is not a definitive statement of responsibilities but is concerned with the common understanding of broad principles by which the Governing Body and individual governors will operate. The Governing Body adopts the following principles and procedures: General

1. We are entrusted by the Diocese with the ministry of school governance and will always act in recognition of the love of Christ for all members of the school community and one another.

2. We have responsibility for determining, monitoring and keeping under review the broad policies, plans and procedures within which the school operates.

3. We recognise that our headteacher is responsible for the implementation of policy, management of the school and the implementation and operation of the curriculum.

4. We accept that all governors have equal status, and although appointed or elected by different groups (i.e. Diocese, parents, staff, and local authority) our overriding concern will be the welfare of the school as a whole.

5. We have no legal authority to act individually, except when the Governing Body has given us delegated authority to do so.

6. We have a duty to act fairly and without prejudice, and in so far as we have responsibility for staff, we will fulfil all legal requirements as the employer.

7. We will encourage open government and shall be seen to be doing so. 8. We will consider carefully how our decisions may affect other schools and the wider community. Commitment

9. We acknowledge that accepting office as a governor involves the commitment of significant amounts of time and energy.

10. We will each involve ourselves actively in the work of the Governing Body, attend regularly and accept our fair share of responsibilities, including serving on committees and working parties.

11. We will get to know the school well and respond to opportunities to involve ourselves in school activities.

12. We will consider seriously and act on our individual and collective needs for training and development. Relationships

13. We will strive to work as a team. 14. We will seek to develop effective working relationships with our headteacher, staff, parents, parishes,

Diocese, local authority and other relevant agencies and the community. Confidentiality

15. We will observe confidentiality regarding proceedings of the governing body in meetings and from our visits to school as governors.

16. We will observe complete confidentiality when required or asked to do so by the Governing Body, especially regarding matters concerning individual staff or students.

17. We will exercise the greatest prudence if a discussion of a potentially contentious issue affecting the school arises outside the Governing Body.

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Conduct

18. We will encourage the open expression of views at meetings, but accept collective responsibility for all decisions made by the Governing Body or its delegated agents. This means we will not speak out against decisions, in public or private, outside the Governing Body meetings.

19. We will only speak or act on behalf of the Governing Body when we have been specifically authorised to do so.

20. In making or responding to criticism or complaints affecting the school we will follow the procedures established by the Governing Body.

21. Our visits to school will be undertaken within the framework established by the Governing Body, in agreement with the headteacher and staff.

22. In discharging our duties we will always be mindful of our responsibility to maintain and develop the Catholic ethos and reputation of our school.

23. We will always act in a professional and courteous manner in our interactions with each other, staff in the school, pupils, parents, visitors, and with any other person where it can be identified we are governors of the school.

Suspension

24. If the need arises to use the sanction of suspending a governor we will do so by following the Regulations so as to ensure a fair and objective process.

Removal

25. We recognise that removing a governor from office is a last resort and that it is the appointing bodies that have the power to remove those they appoint.

26. If the need arises to use the sanction of removing a governor, we will do so by following the Regulations so as to ensure a fair and objective process.

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Introduction This booklet has been prepared to give guidance to all governors in voluntary aided Catholic schools and Catholic academies in the Archdiocese. The Archbishop recognises the commitment and hard work of all who volunteer to act as governors in our schools and it is intended that this guidance will assist and support governors in their work. It does not apply to governing bodies or trust boards of Catholic independent schools but may provide a helpful reference aid. The world of education is complex and ever changing and many governors’ main work is in other areas of life. They bring a wealth of expertise from which our schools and colleges benefit. Under English law, governing bodies of Catholic schools have a corporate responsibility to ensure that their schools are managed in accordance with the Diocesan Trust Deed or the Trust Deed of the relevant religious institution, and the school’s Instrument of Government or Memorandum of Understanding, Articles of Association and Supplemental Agreements for academies, as well as complying with all other legal requirements. They are responsible for understanding, maintaining and developing the distinctive nature of the Catholic school within the Church’s mission of education and in awareness of the contribution the Church makes to society through this mission. The governing body plays a key strategic role in the direction of and accountability for the school, but is also part of a network of relationships which includes children and young people, parents, staff, priests, religious, the Diocese, local authority, DfE and agencies and organisations within the wider community. It is hoped that this guidance will help all governors to meet their responsibilities, ensuring our schools are communities which provide spiritual, religious, academic and social development within the distinctive aims and mission of Catholic education today. A Note on the Governors’ Handbook: For governors in maintained schools, academies and free

schools (DfE September 2014)

This document is essential reading for all governors. It is published by the DfE and copies may be obtained from the DfE Publications Centre at www.dfe.gov.uk/publications The current edition was published in September 2014 and provides guidance in all aspects of a governing body’s statutory duties and responsibilities. It applies to maintained schools and academies. All governors need to know their legal responsibilities. The handbook explains what the law says and how it affects governors. It should be read alongside any information provided by the local authority, Academies Division and the Diocese. The Education Commission publishes advice and guidance on matters specific to Catholic education and to the governance of Catholic schools. Governors are expected to take this into account in their decision making. This guidance and advice will come direct to the headteacher in the weekly mailout from the Education Commission or in The Maximilian, which is a monthly newsletter to all categories of governors in Catholic schools, colleges and academies.

http://www.dfe.gov.uk/publications

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Governing bodies should register with the National College for Teaching and Leadership to ensure they are kept up to date with the guidance, training and support offered. The National Association of Governors (NGA) also provides training and guidance. There is a subscription payable upon joining. Local Authority Governors’ Services always offer a comprehensive training and support programme. The Education Commission puts on training related to the aspects of governance in a Catholic school.

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Catholic Education in the Diocese

The Diocesan Vision for Catholic Education

The Education Commission, on behalf of the Archbishop, carried out an extensive consultation exercise from 2008 to 2010 on the vision for Catholic education in the Diocese. The results of this process which included governors, headteachers, bishops, clergy, religious and other interested parties were brought together in a document Archdiocese of Southwark: Our Vision for Catholic Education published in October 2010. www.educationcommission.org.uk resources tab- all resources- Diocesan Vision for Education. The Document outlined the priorities for Catholic education in the Diocese and the ways in which they would be achieved. In summary the vision is achieved by: • Recognising and affirming the place of our Catholic schools and colleges within our mission. • Working for excellence in all our schools and colleges. • Discerning the signs of the times and be open to positive change and development. • Using government initiatives creatively for the benefit of Catholic education. • Providing schools and colleges for our children and young people, with the support of parents and

carers, wherever it is possible to do so. We call upon all people of the Diocese to support this wonderful venture of our Church. The Diocese

The Catholic Diocese of Southwark covers the London boroughs south of the Thames (Bexley, Bromley, Croydon, Greenwich, Kingston-upon-Thames, Lambeth, Lewisham, Merton, Richmond-upon-Thames, Southwark, Sutton and Wandsworth), the county of Kent and the Unitary Authority of Medway. In September 2014 there were:

• 110 Catholic voluntary aided primary schools • 14 Catholic primary academies • 20 Catholic voluntary aided secondary schools • 11 Catholic secondary academies • 1 Catholic primary/secondary academy • 6 Catholic independent primary schools • 1 Catholic independent secondary school • 2 Catholic independent primary/secondary schools • 4 Catholic sixth form colleges

There is also one secondary school in Westminster Diocese which was opened in partnership with Southwark. The Diocese is in the charge of the Archbishop of Southwark. Because of its size it is divided into three areas in each of which the Archbishop is assisted by an area Bishop or Episcopal Vicar and the Vicar General. The Archbishop, the area Bishops and the Vicar General are the Trustees of the Diocese. Each area is divided into groups of parishes called deaneries. One of the parish priests is appointed by the Archbishop as Dean. In most cases, but not all, the geographical area of the deaneries replicates the local authority boundaries. Deaneries and their contributing parishes are central to the local planning and development of Catholic education. The Archbishop and Trustees

The Code of Canon Law, the law of the Catholic Church, states:


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“The Church has in a special way the duty and the right of educating, for it has a divine mission of helping all arrive at the fullness of Christian life. Pastors of souls have the duty of making all possible arrangements so that all the faithful may avail themselves of a Catholic education.” (Canon 794)

This duty falls upon the Ordinary of the diocese who in this Diocese is the Archbishop of Southwark. Canon Law sets out the Archbishop’s responsibilities for safeguarding the religious character of schools in the Diocese and his right to inspect them. These rights are safeguarded in English Law. The Trustees of the Diocese hold property, including schools and parishes, under Trust Law and in accordance with the Diocesan Trust Deed. The Diocesan Trust Deed has as its objectives the “establishing, maintaining or advancing the Roman Catholic religion in the Diocese and in one or more of the charitable objects promoted or served by the Roman Catholic Church within the Diocese”. There are a number of voluntary aided Catholic schools, Catholic academies and independent Catholic schools in the Diocese established by religious institutes or congregations. Each one will have its own Trust Deed but the Archbishop has the right to:

“...watch over and inspect the Catholic schools situated in his territory, even those established or directed by members of religious institutes.” (Canon 806)

The Education Commission

The Archbishop has established the Education Commission to support schools and colleges in the Diocese to enable them to continue and develop their own mission to educate children and young people in the light and love of Christ. The Commission helps schools and colleges to develop as communities of evangelisation which: • Form an integral part of the mission of the Diocese. • Recognise their vocation to work in collaboration with the Archbishop. • Enable all associated with them to grow towards their full human potential. • Are inclusive of people of all abilities, education needs, social backgrounds and ethnic origins. • Support one another in fulfilling the mission of the Diocese and their own mission. • Work in the closest possible collaboration with the clergy. • Are characterised by the justice with which governors, parents, teaching staff, support staff and pupils

act towards one another. • Contribute to the well-being of the local and wider community. The Commission aims: • To exercise, on behalf of the Archbishop, the statutory rights he holds under education law to provide,

maintain and govern Catholic schools (land, buildings, Catholic senior staff, governors, ethos, Religious Education, Section 48 Inspection, Canonical Inspection).

• To exercise, on behalf of the Archbishop, the statutory rights he holds under education law to have a place on local authority committees, standing advisory councils for Religious Education (SACRE) and, where invited, schools’ forums and admissions committees; to be consulted on local education authority development including the provision of school places and other key plans, and to receive Section 5 inspection reports.

• To advise the Archbishop on matters relating to education. • To represent the Archbishop at national level in education matters. • To represent the Archbishop through pastoral care and support in being alongside headteachers and

governors and their schools and colleges. • To enable schools and colleges to recognise, celebrate and develop their contribution to the mission of

the Diocese.

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• To support the clergy in their role in relation to Catholic schools and colleges. The aims are achieved through strategic plans agreed by the trustees of the Diocese. The Commission undertakes numerous roles in working with schools and colleges, other Diocesan agencies, local authorities and the DfE. The Education Commission liaises with other Diocesan agencies especially those that work with children and young people such as the Centre for Catholic Formation and the Southwark Catholic Youth Service. In relation to working with governors the Commission provides: • The administration of appointing foundation governors on behalf of the Archbishop. • Training and support, including guidance on the Catholic character of the school, Religious Education

and the appointment of headteacher, deputy headteacher and leader of Religious Education. • Support, including pastoral support, for headteachers, governors and clergy, especially when schools

are experiencing difficulties. • Advice on aspects of education for governors, clergy, parents and teachers. • Advice on the provision and maintenance of school buildings. The Education Commission is led by the Director of Education who provides professional advice to the Archbishop and Trustees to assist them in their decision making on major issues of policy and implementation. A Diocesan Education Committee and Education Executive Committee assist the Archbishop. Summary of Diocesan education policies relevant to schools and colleges: 1. The Diocese is committed to the provision of publicly funded primary, secondary and sixth form

education, in partnership with national and local government. 2. The Diocese seeks to make available, as far as possible, a place in a Catholic school for every baptised

Catholic child whose parents desire this. 3. Within the Diocese, there are a number of schools owned by religious orders and congregations.

These schools bring the richness of their charisms to the provision of Catholic education in the Diocese and make a considerable contribution to the available Catholic school places.

4. In some cases, schools have been transferred to Diocesan trusteeship as a result of changes to priorities and resources within orders or congregations. The Diocese is always ready to consider such transfers in order to maintain both the availability of Catholic places and the breadth of existing provision.

5. The Diocese recognises the historical and institutional reasons for the presence of a number of single sex Catholic schools and values their work. Where any new schools or amalgamations are being considered, the Diocese will normally favour mixed schools as this more easily ensures a balance of provision for boys and girls, unless there are specific circumstances which support single sex provision.

6. The Diocese wishes to provide education of the highest quality for pupils of all abilities. It is committed to comprehensive education and to the inclusion of pupils with special educational needs, whenever these can be met within mainstream schooling.

7. The provision of post-16 education in the Diocese is planned to match the distribution of Catholic communities and secondary schools and the needs of students. Three sixth form colleges are provided for the inner London boroughs and one for the Bexley area. In Kent and Medway and the outer London boroughs, most schools have sixth forms which are either large enough to offer a sufficiently broad curriculum or are able to work in partnership with sixth forms of other Catholic and community schools. The Diocese does not support the introduction of sixth forms unless it can be shown that there is a need which cannot be met elsewhere, that the full range of the curriculum can be offered and the highest quality of education provided.

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8. In line with the Memorandum of the Catholic Bishops’ Conference of England and Wales 2014, the posts of headship, deputy headship, heads of Religious Education departments and Religious Education co-ordinators of Catholic schools in the Diocese must be held by practising Catholics. In exceptional cases, the Archbishop may give a temporary exemption from this requirement. The Diocese, through the Education Commission, provides advice to governors on these appointments.

9. Ownership of school land and buildings is normally held in the trusteeship of the Diocese or where applicable, a religious institution or congregation. Capital funding is made available by the DfE through various routes. For most projects governing bodies of voluntary aided schools are liable to contribute 10% of the total cost of each project. The 10% contribution is the responsibility of the governing body and not the Diocese.

10. The Diocese, through the Education Commission, provides guidance to governing bodies on admission policies, practices and arrangements.

11. Governing bodies are responsible for promoting the Catholic ethos of the school in line with the Church’s mission for Catholic education. Foundation governors have a statutory duty to preserve and develop the Catholic character of the school

12. Governing bodies should ensure that 10% (5% for general Religious Education post 16) of taught curriculum time is given to Religious Education in Key Stages 1-4.

13. The Diocese will consider supporting Catholic voluntary aided schools to become academies. They must be established in such a way to provide Catholic education in both ethos and curriculum Religious Education, that the Headteacher/Principal and other key staff will be practising Catholics, that a majority of governors are appointed by the Archbishop and that arrangements for admissions are made in line with Diocesan policy and that inspection of denominational education and the content of collective worship will be carried out by persons appointed by the Archbishop. A due diligence exercise will be carried out for each school registering an interest in becoming an academy to establish whether the school has the capacity and systems in place to change status.

Planning for Provision of School Places.

The Diocese affirms its commitment to work in partnership with local authorities to ensure there are enough schools in number, character and equipment to meet the needs of pupils in a given area. The following principles will inform decisions about school places: • Catholic voluntary aided schools and academies are rooted in the Catholic community of local parishes

and the Diocese. • Catholic schools are part of the Church’s educational mission and must be able to sustain their identity

and mission in their particular circumstances. Their distinctive identity is recognised in English law and demonstrated in their Instrument of Government or Memorandum of Understanding and Articles of Association. The land on which the schools are built is owned by the Trustees of the Diocese or a religious institution or congregation.

• At the heart of the educational mission of Catholic schools is care for the poor and marginalised, the disadvantaged and those with special needs. This care must be evident in the provision of school places.

• The Church is committed to comprehensive education in all local authority areas within the Diocese. Comprehensive education expresses Gospel values, based on the belief that that every individual is created by God and given talents, which should be nurtured and developed.

• Catholic parents should have their choice of a Catholic education for their child met by Catholic school provision, wherever this is possible.

• Catholic parents’ right to choose Catholic education extends to nursery and sixth form provision, wherever this is possible.

• Catholic voluntary aided schools and academies must offer standards of education which are ‘..in its academic standards, at least as outstanding as that in other schools in the area’ (canon 806).

The Diocese is committed to working in partnership with local authorities to provide extra places in existing schools where the need arises. The Archbishop of Southwark issued a directive to all Catholic schools and

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academies in the Diocese in December 2012 stating that where a local authority has identified that a Catholic voluntary aided school or academy should expand to meet the need for extra places there is a presumption by the Diocese that the schools identified will expand to meet the need for additional places whether this is on a permanent basis or to provide ‘bulge classes’ for a temporary period.

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The Distinctive Nature of the Catholic School “The Catholic school is not just an environment providing a series of lessons, it operates out of an educational policy which aims to meet the needs of the young people today in the light of the Church’s faith in Jesus Christ”. (The Religious Dimension of Education in a Catholic School 1988)

In practice this means that a school’s Catholic character is witnessed to in all facets of its life and there is no separation into ‘secular’ and ‘religious’. The experience of learning across all subjects is a search for God’s truth in the whole of His creation. For the school to be truly Catholic this vision must be shared by all concerned with its work. The key characteristics of a Catholic school are: • A vision shaped by the personal faith and commitment of its leaders. • A staff that understands and is committed to the school’s mission. • A set of aims and objectives to ensure that this vision is achieved in the reality of the day to day life of

the school. • A praying and worshipping community where sacramental and liturgical celebration are integral to the

learning experiences of all within the school community; • Religious Education at the heart of the curriculum. • The presence of God recognised in the uniqueness of each individual and in each person’s specific

talents and gifts. • A place where each individual makes a unique and valued contribution. • A community open to the world in which we live and seeking the power to change it for the better. • Where the curriculum and all policies and procedures are rooted firmly in the values taught and lived

by Jesus Christ. • Where success is celebrated and failure is treated with compassion. Evaluating the Distinctive Nature of the Catholic School

Foundation governors are charged with the responsibility of preserving and developing the religious character of the school on behalf of the Archbishop but all governors share in this responsibility because it is the ethos of the school. They have a duty to act in a way consistent with the schools ethos and religious character. Governors should work with the headteacher, staff, pupils and parents in ensuring that their policies reflect this. Admissions, Behaviour, Sex and Relationships Education, curriculum and personnel matters are areas which require particular care. The school’s mission should be expressed in a statement of aims and objectives that makes clear to all in the school community how the school will live out this mission from day to day. In carrying out their duties, governors may find the document Evaluating the Distinctive Nature of the Catholic School (CES 1999) helpful. This covers such areas as policy formation, school environment, relationships, curriculum, SEN, multi-cultural education, equal opportunities, RE, chaplaincy, worship and the Catholic school in the community. This publication is currently out of print awaiting revision. Schools will still have copies. The Common Good in Education

Governing bodies should bear in mind the Church’s social teaching as set out in The Common Good in Education (CES 1997). They should pay particular attention to the commitment of their responsibility towards those who are poor and marginalised, disadvantaged and who have Special Educational Needs.

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It is crucial for all in schools to ensure that those who do not succeed academically are valued by the community as a whole, to celebrate the fact that those who have not achieved high grades may well have tried as hard – if not harder – than those who have. (The Common Good in Education op.cit) The development of the whole person – socially and emotionally as well as spiritually and academically – is fundamental to the Catholic school. Catholic schools need to demonstrate commitment to this development in their provision for social and emotional development. For example, the Code of Conduct or Behaviour and Discipline policy will recognise individual needs as well as those of the school as a whole. In accepting their appointment, foundation governors take on the responsibility to work for Catholic education in the Diocese as a whole as well as specific responsibility for their own school. The ‘Common Good’ calls them to work in collaboration with other schools and to act against the spirit of unhelpful competition that can sometimes enter education. As well as mutual support, governors should be willing to consider seconding head teachers or other staff when other schools are in need.

Partners in the Service In addition to the relationship with the Diocese of which the school is an integral part, governors will work in partnership with others. Department for Education (DfE)

This is the current title for the government department with responsibility for education in England. The Secretary of State, who has extensive powers in relation to all schools, including voluntary aided Church schools and academies, heads the department. The Secretary of State is responsible for the promotion of education through the introduction of Acts of Parliament (Primary Legislation). These Acts govern the Secretary of State’s powers to make regulations relating to various aspects of education (Secondary Legislation). The regulations determine to a large extent how schools are governed; they include the National Curriculum and assessment, target setting, and the requirement for governors and head teachers to make information available on the educational provision and standards in the school. The Department supports governors in the application of regulations through issuing guidance documents and Codes of Practice, for example, guidance documents on Pupil Inclusion, Safeguarding Children, Extended Schools, Admissions to Schools, Appeals and Special Education Needs. The Secretary of State has power to intervene to prevent governors of voluntary aided schools and academies acting unreasonably, to settle disputes between voluntary aided schools and a local authority and to act as the last stage in complaints made about governing bodies. The DfE is responsible for some grants to support building projects in voluntary aided schools. It is responsible for all capital grants to academies. The DfE also provides training for governors and governing bodies through the National College for Teaching and Leadership (NCTL). The DfE has a special relationship with the governors of academies as funding for these comes direct from the government.

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Local Authority (formerly known as the local education authority)

The local authority is responsible for organising education and overseeing the provision of school places suitable to the age and aptitude of all children within the area. The local authority controls the overall budget for education and allocates budgets to maintained schools through a fair funding formula implemented following consultation with schools and other parties. The local authority has a duty to support schools to achieve continuous improvement and the relationship between schools and the local authority is based upon intervention in inverse proportion to success and maximum delegation of funding and responsibility to schools. The local authority is required to monitor school performance and the governing body of a voluntary aided school is accountable to the local authority for the way the school is run. If a local authority feels a school is demonstrating cause for concern it has a duty to inform the governing body, head teacher, the Diocese and other stakeholders. The local authority should offer appropriate support and has the power to intervene to ensure the school can raise standards through such measures as issuing a formal notice of concern, withdrawing the delegated budget, appointing additional governors to the governing body or dismissing the governing body and applying to the Secretary of State to set up an Interim Education Board (IEB), and in exceptional circumstances propose closure of the school. If a local authority appoints additional governors the Diocese can also appoint the same number of additional foundation governors. The local authority can notify the sponsors or the trust of an academy if it judges there are concerns regarding the performance of the academy. The local authority has the duty to agree the measures required for school improvement following an OFSTED inspection if the school is found to require special measures or has serious weaknesses. Local authorities also have responsibility for other aspects of children’s welfare such as special educational needs, school attendance, school transport, educational psychology and inclusion. The role of the local authority is changing and whilst most of the statutory duties required of them remain the same, most local authorities will commission the services required rather than provide them directly. Staff

The governing body of a voluntary aided school, academy or Multi-Academy Trust is the employer of staff and must have regard to employment law in the recruitment, appointment, appraisal and, if applicable, dismissal of a member of staff. In Catholic schools in the Diocese governors may give preference to teachers whose religious opinions are in accordance with the teachings of the Catholic Church, who attend Mass and who give, or are willing to give, Catholic religious education. Furthermore a governing body may have regard to any conduct that is incompatible with Catholic teaching in dismissing a teacher. It is requirement of the Catholic Bishops of England and Wales that the posts of headteacher and deputy head teacher and leaders of Religious Education are reserved for practising Catholics. In a voluntary aided school the Diocesan authority should have the same advisory rights as the local authority with respect to teacher appointments and dismissals. It is a Diocesan requirement that the Archbishop is represented by a member of the Education Commission at the appointment of headteacher and deputy headteacher of a Catholic voluntary aided school or academy. Diocesan policy requires governing bodies to liaise with the Education Commission prior to advertising the posts of headteacher and deputy headteacher. Governing bodies should use the Guidance to Governing

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Bodies: Appointment of a Headteacher or Principal to a Catholic School or Academy (Education Commission 2013) The Headteacher

The headteacher is by law responsible for the internal organisation, management and control of the school. The governing body can delegate some areas of its responsibility to the headteacher such as aspects of staffing and finance. In addition to these statutory functions, headteachers of voluntary aided Catholic schools and academies are expected to take the lead with the governors in developing the Catholic ethos and distinctive nature of the Catholic school and providing a high quality Catholic education. The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013. (See section on Roles and Responsibilities of Governing Bodies) sets out the statutory basis of the relationship between the governing body and the headteacher. The partnership between the governing body and headteacher is based on the principle of the ‘critical friend’ that is to say the governing body will challenge and support the headteacher in equal measure and hold him or her to account for the decisions he or she makes. Other Posts

Governors do not have statutory links with other members of staff beyond that of employer but, as critical friends of the school, they may meet staff during their visits to the school or receive reports from them on specific areas, e.g. the curriculum at committee meetings. Parents and Carers

The Catholic school should support parents and carers in their role as the first educators of their children. It must be welcoming to them and encourage them to participate in the life of the school. It should guard against judging those who, for whatever reason, find this difficult. Sensitive encouragement is essential in giving Christian witness. It is important that when relationships between the parent or carer and the school are impaired or break down, all efforts are made towards reconciliation. The partnership between the home, school and parish should be a recognised strength of the Catholic school. Parents or carers are responsible for seeing that their children are educated between the ages of 5-16. Most send their children to school although they may choose to educate them at home or elsewhere. Parents and carers of baptised Catholic children normally chose a Catholic primary school if one is available. Statutory school age starts in the term after a child’s fifth birthday. Parents and carers must make sure that children attend school regularly and punctually. They sign a home school agreement that sets out the schools’ and parents’ responsibilities and they are expected to meet their part in this agreement. Pupils

Schools exist for children and young people. Although this may appear to be an obvious statement, governing bodies could lose sight of this in the midst of their myriad of duties and responsibilities. “Jesus took a little child whom he set by his side and then he said to them, “Anyone who welcomes this little child in my name welcomes me: and anyone who welcomes me, welcomes the one who sent me.” (Luke 9.47/48)

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In law, a governing body has general responsibility for the conduct of the school with a view to promoting high standards of educational achievement. In the Catholic school, governing bodies have a responsibility to see that children are supported and helped in developing their faith. To do this, governors need to have an understanding of the nature of the school’s population, its diversity and its challenges and, in their monitoring role, observe the quality of relationships and opportunities for prayer and liturgy. Governing bodies are now required to seek the views of pupils in the development and management of the school. In accordance with Christian principles, governors should ensure that the most disadvantaged pupils gain the most support, including children with Special Educational Needs, English as an Additional Language, new arrivals, children from travelling families, refugees and asylum seekers. The special needs of gifted and talented pupils should also be recognised and met. Parishes

The partnership of home, school and parish is central to the Catholic school. The location of many of our Catholic primary schools makes for good communication and it should be that the school is seen as an integral part of parish ministry. There has been a long tradition in the Diocese of co-operation between primary schools and parishes. The quality of relationship between the school and parish priest is very important and governing bodies should ensure that the parish priest is involved in the life of the school whether he is a governor or not. Support for newly appointed parish priests may be needed. Schools serving a number of parishes will need to consider how best to ensure good communication. Maintaining links between secondary schools and parishes is more difficult as pupils are normally drawn from many parishes over a wide area. Schools can still involve parish priests in the life of the school and encourage pupils’ involvement within the life of their parishes, e.g. youth support groups, liturgy, music etc. It is important that secondary schools continue to develop links with parishes and there are good examples where this is done at Deanery level. The Wider Community

The mission of the Catholic school takes its mission from that of the Church as a whole: it is to reach out and be a witness to Christ and the Church. Governing bodies will need to ensure the school is promoted within the wider community and a good reputation is established. There is an increasing demand on schools to develop links with business, the voluntary sector and other organisations. Often governors have personal contacts and experience to contribute. It is important that when links are made there is an understanding of the aims and mission of the Catholic school. Schools will also develop informal links such as working with local residents associations or action groups. Again, the understanding of how this is part of the mission of the Catholic school is important. The wider community also includes any part of the world in which our actions can make a difference. Catholic schools should be encouraged to continue supporting the work of the Church especially in poorer parts of the world, e.g. supporting CAFOD.

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Governors have a statutory duty to eliminate racial discrimination and promote good race relations within the school. The school should be seen as an excellent example of good race relations within the community. Any member of the public can obtain information from the school under the Freedom of Information Act (2000). Governing bodies must comply with any request and must publish a publication scheme i.e. a guide to information they have committed to publish. The Data Protection Act continues to safeguard personal information such as names and addresses of staff and pupils and must also be followed. Governing bodies should have procedures in place for dealing with complaints about the school and what it provides for pupils. The Education Commission has published guidance and a model procedure which can be obtained from the website. Other Schools

In the light of the Common Good, co-operation between our Catholic schools should be outstanding. Schools with a common age phase can work together on the development of policies and in some cases, share provision and resources. It is also important for the Catholic schools to work together to support pupils e.g. transferring a pupil between schools, when this is in the best interests of the pupil. Links between Catholic secondary and primary schools are important in ensuring continuity of experience in children’s lives. Links between Catholic secondary schools without sixth forms and Catholic sixth form colleges where one is accessible ensure the opportunity for an all through Catholic education. There are occasions when it is appropriate for Catholic schools to work with other faith schools or community schools when sharing expertise, for example in English as an Additional Language. Initiatives at secondary level, such as 14-19 provision, mean that schools and colleges will need to collaborate in curriculum provision. This will mean that students may be studying some subjects in other institutions which are not Catholic and students who are not Catholic may study some of their subjects in Catholic schools. Arrangements will need to be in place to ensure appropriate care for all pupils in this situation. Governing bodies should not enter into any formal collaboration without discussing plans with the Education Commission.

The Role and Responsibilities of Governing Bodies

The Legal Status of the Governing Body

There is no statutory definition of the role of the school governor but various Acts of Parliament and Regulations place responsibilities on governing bodies in relation to what is necessary for the discharge of their functions to ensure good governance and continuous improvement. It is important to realise that the responsibility is on the governing body and not the individual governor and therefore governors cannot and must not discharge these functions personally. Governing bodies are public authorities and therefore are publicly accountable in relation, for example, to the management of school budget, staff recruitment, health and safety. In voluntary aided Catholic schools and Catholic academies this also applies to admissions and to staff grievance, capability and discipline. Governing bodies of voluntary aided schools are ultimately responsible to the local authority as to the way in which the school is run and to the Secretary of State for prescribed functions. The Governing body of an academy is accountable to the sponsors and/or the person who appoints trust members as set out in the

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Memorandum of Understanding, the Articles of Association and the Supplemental Agreement and to the Secretary of State for functions set out in the Funding Agreement. As public authorities, governors are also bound by other laws which are not specific to schools but include them, such as the Data Protection Act, Freedom of Information Act, the Human Rights Act and the Equality Act 2010. Governing bodies of voluntary aided Catholic schools are corporate bodies with exempted charitable status which means it is a single entity which can enter into contracts and sue and be sued in its own name, acquire and dispose of land and receive gifts. Corporate bodies are required to have a seal to validate certain documents. The exempted charitable status is by virtue of the School Standards and Framework Act (1998) which means that the school will not receive a charity number from the Charity Commissioners. Academies are also charitable companies and some governors will also be directors which means they come under the requirements of Company Law. It is important that schools do not use the Diocesan charity number on any correspondence or communication as the Diocese has charitable status which is different to and separate from schools. As the governing body is a corporate body, individual governors are generally protected from personal liability as a result of governing bodies’ decisions and actions unless they were found to be acting fraudulently, for instance. It is therefore absolutely essential that no individual governor acts in a personal capacity unless powers have been delegated to them by a formal resolution of the governing body. This also applies to the Chair unless acting in an emergency. The Powers of the Governing Body

The School Governance (Roles, Responsibilities and Allowances) (England) Regulations 2013 sets out the responsibilities of the governing body of a maintained school. The role of the governing body is strategic in: • Ensuring the vision, ethos and strategic direction. • Holding the Headteacher to account for the educational performance of the school and its pupils and

the performance management of staff. • Overseeing the financial performance of the school and making sure its money is well spent. In exercising these functions the governing body shall: • Act with integrity, objectivity and honesty and in the best interests of the school. • Be open about the decisions they make and the actions they take and in particular shall be prepared to

explain their decisions and actions to interested parties. The responsibilities of the headteacher are separate to those of the governing body. The headteacher’s responsibilities include: • The internal organisation, management and control of the school. • The educational performance of the school. The headteacher is accountable to the governing body for: • The performance of all of his or her responsibilities • Complying with any reasonable direction given by it. Governing bodies also have responsibilities to agree other aspects that impact on the management of the school, including:

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• Managing the school budget. • Ensuring curriculum entitlement. • Ensuring National Curriculum assessments are carried out and reporting them as required. • Appointing the headteacher and deputy headteacher and determining how other staff are appointed. • Procedures related to staff grievance, capability, discipline and sickness absence. • Establishing a staff appraisal system in consultation with staff. • Managing the governors’ duties in relation to pupils with Special Educational Needs. In using these powers governing bodies of voluntary aided schools must at all times act in accordance with: • The Instrument of Government of the school. • The current School Governance and Terms of Reference Regulations. • The Trust Deed of the Diocese or Religious Institution which provides the school. • Provision of Canon Law relating to schools. • Any Diocesan directive affecting schools. • Any requirement from the local authority relating to finance. Governing bodies of academies must at all times act in accordance with: • The provisions of the Funding Agreement. • The Memorandum of Understanding. • The Articles of Association. • Supplemental Agreements. • Directives from the sponsors and /or the person who appoints trust members. • Any Diocesan directive affecting schools. • Any requirement made by the Secretary of State. Governing bodies of voluntary aided Catholic schools and Catholic academies must also act in accordance with: • Advice and policies of the Diocese and of the Trustees of the school if not in Diocesan trusteeship. • Statutory Codes and Codes of Practice. • DfE guidance. Ofsted Requirements for Governance

The Framework for the Inspection of Schools (Ofsted-September 2014) sets out very clearly the expectations of governors. Inspectors will evaluate the extent to which governing bodies support and challenge the leadership in the school in holding it to account for the achievement of pupils. Governing bodies must be able to demonstrate they can evaluate the performance of the school, particularly in terms of pupil progress, the leadership of teaching, the management of staff and the difference made by such initiatives as the Pupil Premium, the Year 7 Catch up Premium and the Primary School Sport Funding. Ofsted uses the following criteria in judging the effectiveness of governance in the school. How effectively do governors: • Carry out their statutory duties. • Understand the strengths and weaknesses of the school, including the quality of teaching. • Ensure clarity of vision, ethos and strategic direction. • Understand and take sufficient account of pupil data, particularly their understanding and use of the

school data dashboard.

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• Show awareness of the impact of teaching on learning and progress in different subjects and year groups.

• Challenge and support leadership in equal measure. • Provide support for an effective headteacher, or whether they are hindering school improvement by

failing to tackle key concerns. • Show transparency and accountability, including in terms of governance structures, attendance at

meetings, and contact with parents and carers. • Understand how the school makes decisions about teachers’ salary progression. • Performance manage the headteacher rigorously. Osted will also consider whether governors are failing to perform well and are contributing to weakness in leadership and management. Page 11 of the Governors Handbook: For Governors in Maintained Schools, Academies and Free Schools. (DfE September 2014) gives very good advice on the types of questions to ask the senior leadership and also explains the importance of accessing and evaluating data about the school. There is separate Guidance for Governors for Section 48 inspections (the Inspection of Denominational Curriculum in Schools with a Religious Character). www.educationcommission.org.uk tab resources-governors- Guidance for Governors on Section 48 Inspection Process for Catholic Voluntary Aided Schools and Academies – November 2014 Categories of Governors

Governing bodies of voluntary aided schools are made up of different categories of governors. The exact number for each category is set out in the school’s Instrument of Government for voluntary aided schools and the Articles of Association for academies. The categories for voluntary aided schools as required by the 2012 Reconstitution Regulations are: • Foundation Governors • Local Authority (LA) governor (only one allowed) • Staff Governor (only one allowed) • Parent Governors (minimum of two) • The Headteacher • Co-opted Governors (optional) • Associate Members (optional) From September 2012 schools reconstituting will no longer be able to appoint sponsor governors but can appoint co-opted governors. The LA governor will be nominated by the LA but appointed by the governing body that can refuse to appoint if there is good reason. The category of governors for a governing body of an academy will differ according to the status of the academy i.e. sponsor academy, converter academy, academy in a multi academy trust or an academy in an umbrella trust. Advice should be sought from the Education Commission Foundation Governors

Foundation Governors of voluntary aided Catholic schools and academies are appointed by the Archbishop for Diocesan schools and by the Trustees of schools provided by a religious institution. The Diocesan policy requires foundation governors to be practising Catholics and they therefore have to be recommended by the parish priest for appointment to primary schools and the dean for appointment to secondary schools.


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Foundation governors in voluntary aided Catholic schools have a statutory duty to preserve and develop the religious character of the school and ensure compliance with the Trust Deed. Foundation governors in Catholic academies sign a declaration that they will preserve and develop the religious character of the school and abide by the Archbishop’s directives. Foundation governors are supported in their role by the Education Commission through training, guidance and policies and by advice to individual governing bodies where appropriate. Foundation governors in voluntary aided Catholic schools and foundation or sponsor governors in academies must always be in a majority of two compared to the total of all other categories of governors combined. Co-opted Governors

Co-opted governors may be appointed by the governing body to serve a term from one to four years. They are full governors with full voting rights. There is not a requirement for a co-opted governor to be a Catholic but have a duty, the same as all other governors, to ensure the school is governed in accordance with the Instrument of Government Parent and Staff Governors

The Parent and staff governors will be elected as appropriate. If no one stands for election the Governing Body may appoint a parent or staff governor. Elected parent and staff governors may not be removed by the by the governing body but parent and staff governors appointed by the governing body can be removed. Parent and staff governors have a duty, the same as all other governors, to ensure the school is governed in accordance with the Instrument of Government. The staff governor can be anyone employed to work in the school under a contract of employment. The Headteacher The headteacher is a governor by virtue of the post. The headteacher may resign as a governor at any time by informing the clerk in writing and may withdraw their resignation at any time by informing the clerk in writing. If the headteacher resigns being a governor the place cannot be filled by anyone else. Regulations allow a governing body to suspend an individual governor in a maintained school who has acted in a way that is inconsistent with the school’s ethos and religious character and has brought, or is likely to bring, the school, the governing body or the office of governor into disrepute. Associate Members

Governing bodies may appoint associate members to serve on committees and be given restricted voting rights on those committees. They may also attend full governing body meetings and contribute to discussions. They can be asked to leave during Part 2 confidential items where individuals may be identified. As associate members are not governors they cannot vote in full governing body meetings. The Role of the Chair

The chair and vice-chair of a governing body are elected at a full governing body meeting, usually the first meeting of the academic year. They are elected for a term of office the minimum being one year and the maximum four years. It is common practice in most schools to elect the chair and vice chair annually.

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Although the office of chair and vice-chair is open to any governor who does not undertake paid work at the school, it is the Diocesan expectation that these posts will be held by foundation governors to ensure compliance with the Trust Deed. The main responsibility of the chair and vice-chair is to ensure the smooth and effective operation of the school’s governance. This will included the chair (or vice- chair) meeting regularly with the head teacher. It is important that the chair develops a good working relationship with the clerk and they should hold regular meetings. The following points may help this relationship: • The clerk is able to contact the chair outside of school including during holiday times if an urgent

decision needs to be taken. • There is a routine of regular meetings. • There is agreement on who deals with the chair’s correspondence. The chair must ensure that the governing body is able to work effectively. All papers and agendas should reach individual governors prior to meetings, so that meetings are productive. The chair will also maintain a watching brief on the working of committees and their contribution to the governance of the school. Managing Meetings

It is the chair’s responsibility to guide discussion, without dominating it, to ensure that what is being said is relevant, to see that all have an opportunity to speak and to keep good order. When discussion is complete the chair should summarise the main points and, if necessary, put any motion to the vote. It is not always necessary to put issues to a formal vote; the feeling of the meeting is often a clear enough indication. Governors are not delegates of a particular nominated body and cannot be mandated or told how to vote. Decisions taken should be clear and indicate, where necessary, any action to be taken, by whom and by when. It is expected that meetings will begin and end with a prayer and that all business is conducted in line with Christian principles. Chair’s Action

It is generally accepted that the chair should have powers to act at times when it is not practical to call a full governing body meeting. The extent to which a chair may act individually will depend on the level of delegation given by the governing body. Usually, numerous small decisions are taken between the chair and headteacher. Very occasionally, decisions having more serious implications for the school community, for example, health and safety, staff conduct, are needed, where it is not possible to call a full governing body meeting prior to the decision having to be made. In these instances the chair should inform the chair of the appropriate committee, vice-chair or headteacher on why the decision has been taken. In any event, any decision taken under chair’s action must normally be reported at the next full governing body meeting for it to be ratified. If the decision is one which needs ratification urgently it will be necessary to call an extraordinary meeting to do this. There are a few occasions when it would not be appropriate to consult the full governing body before a decision is taken e.g. disciplinary action against an employee.

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Confidentiality

It is the chair’s role to manage the confidentiality of the work of the governors where this is appropriate. Other governors need to respect the fact that the chair and possibly another governor may be in possession of information that cannot be shared more widely. Governors will come across confidential information relating to pupils, staff, families, contractors, prospective employees etc. Such information must be treated with the utmost confidence and any reference to it should only take place within governing body or committee meetings unless an individual governor has been delegated by the governing body with a role that involves using the information. Governing body meetings may have confidential items on agendas e.g. staff or pupil discipline. Any discussion under that heading is deemed confidential to the governing body and must not be referred to outside the meeting. Governing bodies are required to publish minutes of meetings. These minutes are a general summary of the business of the meeting outlining items for discussion and decisions made. There should be no reference to “who said what” or who voted in a particular way. A decision made by the governing body becomes the decision of the full governing body and individual governors must support it. Governors may not discuss outside the governing body any business other than that recorded in the minutes. To do so would be a breach of confidentiality. The governing body may suspend a governor if he or she is in breach of the duty of confidentiality to the school, staff or pupils. Chair’s Casting Vote

The chair must exercise the casting vote if a vote is tied. There is a convention that when the casting vote is used, it will maintain the status quo. The reason for this is that it ensures that changes are not brought in when it is obvious that there is not majority support. This would also apply to any amendments to an original resolution i.e. if the vote is tied on the amendment the casting vote is used to preserve the original resolution. Chairs do not have casting votes in relation to the election of chair or vice-chair. Relationship with the Headteacher

The relationship between the chair and head teacher is crucial to good governance and therefore impinges on the conduct and work of the school as a whole. It is the interface between the formal level of control of responsibility of the school and its day-to-day management. Parish Priests as Chairs

Parish priests who are foundation governors are eligible to stand for election as chair or vice-chair providing they do not hold a paid post within the school i.e. chaplain. However, a parish priest would not usually be expected to take on the role of chair although there may be occasions when circumstances require it for a limited period. The presence of the parish priest on the governing body is very important but the duties of the chair may conflict with the pastoral role of the priest, for example, a disciplinary matter involving a member of staff who is a parishioner.

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Governors’ Visits to the School

Although governors do not have a statutory right of access to the school, governing bodies will work with the head teacher and other staff as appropriate to ensure governors are informed about the work of the school. This will be done largely at committee meetings but can only be carried out effectively if governors visit to see the school in action. Most schools encourage governor visits and have a protocol in place to cover such visits. See Appendix 1. Attendance at Meetings Other than in School

The demands on governors require chairs and other governors to attend meetings outside school, for example, the Diocese, local authority, DfE. Although governors may not be representing the school specifically they should not act or vote in a way which would be detrimental to it. Code of Conduct

It is important that the governing body is and is seen to be an effective working group. This does not mean that there will always be agreement and lively debate and challenge is necessary for progress. Governors should be encouraged to initiate discussion, seek explanation and put forward alternatives viewpoints. Individual input must result in collective action and in the final analysis it is the governing body that makes decisions and implements them. It is expected that there will be a “cabinet responsibility” approach in that once a decision has been made all governors support it. This process should be managed carefully to avoid conflict and misinterpretation. It is advisable that the governing body agree a Code of Conduct. See Model Code of Conduct on Page 4. Declarations of Interests

Governors come from many walks of life and it is not unusual that there will be occasions when the presence of an individual governor provides a conflict of interest during discussion of certain items e.g. a governor’s relative has bid for a school contract. There are rules governing how governors should act if they have a personal involvement or a direct or indirect pecuniary interest in any proposed contract or other matter being discussed. Such interests must be declared as soon as is practical even if it arises unexpectedly in a meeting. The governor must withdraw from the meeting for this item and take no part in the discussion or vote on it. A pecuniary interest will apply not solely to the governor personally but also to relatives, spouses, partners or relatives of these. A staff governor is not deemed to have a pecuniary interest unless he or she has an interest greater than that of the body of employees generally e.g. staff governors may take part in discussions on pay policies but not items relating to their personal position or possible personal position. Governors employed at the school, except the head teacher, must withdraw from the meeting when any employee’s appraisal is being discussed. The head teacher must withdraw when her/his salary is being discussed. The following are examples when governors should withdraw from the meeting or take no part in discussion and decision-making:

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• Companies owned or managed by relatives, partners or spouses or relatives of these bid for contracts in the school where a relative, partner spouse or relatives of these or close friend is being interviewed for a post in the school.

• Where a company or business at which the governor has had a previous association e.g. employment, direction or significant shareholder, bids for a contract in the school.

• Where a governor is a parent or relative of a child seeking admission to the school. • Where a governor has provided a reference or other information other than requirements on a

common application form for a child seeking admission to the school (priests who have provided references for a child seeking admission to the school and who are also governors should not take part in discussion or decisions on admissions).

• Individual governors may not generate business or income through their work as governors of the school.

This is not an exhaustive list. Allowances for Expenses

Governing bodies with a delegated budget can choose whether or not to pay allowances to governors and associate members. Governors should not be out of pocket in carrying out their duties. In making their decision to pay or not pay allowances they should be sensitive to the financial status of potential governors who may be excluded if the role of governor is perceived as making financial demands. Allowances can be made for: • Care arrangements for a dependant relative including child care. • Telephone charges. • Postage. • Photocopying. • Stationery. • Travel and subsistence (meals purchased which would not have otherwise been bought). Loss of earnings cannot be recompensed either in full or in part nor can governors be paid attendance fees for meetings. It is up to governing bodies to vote to have an allowance policy to decide the amounts payable. For travel by car the maximum should not exceed the maximum level of HMRC authorised mileage rate (refer to HMRC web site). Public transport should be at the lowest cost possible for the journey. Reimbursement for meals should be according to a published tariff showing the maximum that may be claimed. Most local authorities have tariffs for their employees based on the HMRC ‘per diem’ rates and it would be appropriate for governing bodies to adopt the local authority tariff. Governing bodies should make provision for allowances from within the delegated budget. Costs incurred in allowances are subject to normal financial regulations and audit so receipts are necessary. Governing bodies without delegated budgets may have allowances made by the local authority at a rate determined by them.

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Self-Evaluation and Skills Auditing Governing Body Self – Evaluation Governing bodies will have a regular cycle of self-evaluation which leads to action planning for developing areas of improvement in governance enabling the governing body to carry out the three core functions to a very high standard. This should not be done entirely separate to school development planning as governance is very much part of the leadership of the school. It should be done, however, ensuring there are clear boundaries between the strategic role of the governing body and the operational role of the headteacher and staff in schools. Skills Auditing There is a statutory requirement for governing bodies to ensure there are regular skills auditing of the governing body, individual governors and potential governors. This is important in ensuring that the governing body has members with the right skillsets to ensure that the governing body can carry out its core functions in relation to the areas for development as identified in the school improvement plan. Those who appoint governors to schools (which includes the Archbishop who appoints foundation governors) have a statutory duty to ensure that those appointed have the required skills needed by the particular school at that particular time. The Education Commission has produced guidance for governing bodies Self-Evaluation and Skills Auditing for Governing Bodies September 2014 available on the Education Commission Website under resources tab then governors resources.

Meetings and Committees All governing bodies in voluntary aided schools and academies are required to meet at least 3 times in a school year. This is normally termly, where a school year is based on three terms or every second term where a school year is based on six terms, but this is not an absolute requirement. Governing bodies may decide to meet more often either on a regular basis, for instance when schools are in challenging circumstances, or as a need arises e.g. to agree a particular policy or a budget plan. The relationship between the chair and clerk is vital to ensure governors carry out their statutory responsibilities and that the governing body meetings are an ongoing part of school improvement. The chair has responsibility for finalising the agenda and prioritising agenda items. This should be done in consultation with the head teacher and clerk. All meetings should begin and end with prayer. Some governing bodies have their own school governor prayer or the Act of Dedication may be used. Full Governing Body Meetings

Seven days written notice by letter or email of a meeting is required. In emergencies a meeting can be called by the chair at shorter notice, but not if the meeting is to consider the removal of the chair or vice chair, the suspension of a governor or a proposal to close the school. Papers for the meeting should be sent at least seven days prior to the meeting.

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A full governing body meeting can be requested by any three governors by giving notice to the clerk that summarises the business to be conducted. There are a number of statutory items that will appear on the agenda of the three statutory meetings. The meeting may have two parts: 1. This will be most of the business and will be minuted with minutes made available to the public. 2. This will be confidential items e.g. staff or pupil discipline which is minuted but only available to the

governing body. Every governor and associate member has the right to attend a full governing body meeting. However there will be times when individual governors will have to withdraw for items in which they have an interest e.g. parent governors with a child applying for a place in the school cannot be part of the discussion on admissions for that year, or, a head teacher when the individual school range (ISR) which determines the range of salaries for senior teaching staff, is being discussed. Associate members must leave if individual pupils or members of staff are discussed. The governing body may invite observers and give them the right to contribute but they cannot be given the right to vote. A number of schools invite members of the senior leadership team as regular observers and this is good practice, supporting continuing professional development (CPD). The governing body may also invite other people to speak on particular topics at their meetings. This requires the permission of the full governing body and it is important to remember that individual governors cannot invite speakers. Quorum

A Governing body meeting must be quorate if there are formal decisions to be taken. The quorum must be half the actual membership, excluding vacancies, rounded up to a whole number. For example, if the full membership is 15 but there are three vacancies then the quorum is six governors. Associate members or observers cannot be included. If a meeting becomes inquorate part way through i.e. a governor leaves for any reason, the chair should stop the meeting and arrange for the clerk to convene another as soon as possible. An inquorate meeting may continue with business at the level of general discussion only. Role of the Chair at Governing Body meetings

• To liaise with the clerk and headteacher prior to the meeting in setting the agenda. • To ensure that the meeting begins and ends with prayer. • To ensure appropriate time is given to each item on the agenda. • To ensure that everyone has opportunity to contribute and speak freely and that no one person

dominates the meeting. • To make clear when a proposal is being tabled and to ensure that the exact wording is understood by

all present and is recorded by the clerk. • To ensure that when voting, all present are clear on what they are voting for and what the results will

entail. • To ensure that the conduct of the meeting is in accordance with the Mission Statement for the school

and Diocesan policies. • To ensure that individual governors work within the Code of Conduct for governors. • To remind members of the need for confidentiality if required. • To sum up the main points of the meeting.

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The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013 allow for a governing body to approve alternative arrangements for governors to participate or vote at meetings of the governing body including but not limited to by telephone or video conferencing (14 (8)). We advise governing bodies strongly not to agree any remote participation without discussing this with the Education Commission in the first instance. Role of the Clerk

The Governing body appoints the clerk and also has the power to dismiss him/her. The clerk is accountable to the governing body. Governing body meetings must be clerked. The clerk cannot be another governor or the head teacher. In the absence of the clerk another governor may deputise for that meeting only. The role of the clerk is: • To liaise with the chair and headteacher in setting the agenda. • To convene the meeting, to attend it and to take the minutes. • To maintain a register of membership of the governing body and report vacancies. • To maintain a register of attendance at each meeting. • To maintain a register of interests. • To prepare supporting papers and ensure that they are received with the agenda by all members at

least seven days before a meeting. • To be familiar with relevant legislation. • To give and receive notices in accordance with relevant Regulations. • To ensure procedural correctness at meetings and give advice. • To oversee the election of the chair and vice-chair. • To ensure that minutes are circulated and published. Governing bodies may also agree with the clerk that further duties may be undertaken. The governing body should remunerate the clerk on an agreed scale. The local authority will be able to advise. This helps the governing body receive a professional service and also protects the impartiality of the role. Some schools use members of the school support staff as clerks but this may lead to difficulties in the separation of the duties and conflict of roles. In appointing a clerk, the governing body should ensure that training is provided; it is a highly skilled professional role. Minutes

It is a statutory requirement for all governing body meetings to be minuted. The minutes of the previous meeting should be presented by the clerk after consultation with the Chair. The headteacher should not normally be party to this consultation unless specific enquiries with regard to accuracy are requested by the chair. Minutes are not a verbatim account of the meeting but should present a general report of the areas discussed and decisions made. Minutes should not record contributions from individual governors as this would inhibit frank discussion. Minutes should record clearly where the governing body has held the senior leadership to account for progress in the school. This can be done by recording the questions asked, the answers given and the

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action points agreed. Ofsted will look at governing body minutes during a section 5 Inspection and expect to see that there is equal challenge and support by the governing body. Once minutes have been agreed and signed a copy should be made available for public information. How this is done is up to governing bodies. Some schools display minutes on a notice board, others provide a summary in a newsletter or put it on the school website. Any items which are confidential are under Part 2 of the governing body business and these minutes cannot be published outside of the meeting and must not be discussed by any member of the governing body. Committees

Committees are small groups of governors with terms of reference for a particular area e.g. curriculum, where the full governing body delegates responsibility which may include the authority to make decisions. The full governing body remains accountable for all decisions including those made by a committee. If a governing body uses committees it determines the membership and proceedings for each committee and reviews them at least annually. A committee must have a chair either appointed by the governing body or elected by the committee. Committees with delegated functions must be clerked. The clerk may be a governor but not the head teacher. The clerk for each committee has similar responsibilities to the clerk to the governing body. Members of committees must receive seven days notice of meetings and agendas must be provided. In exceptional circumstances the chair can determine a shorter period. The quorum is three governors. If there are associate members with voting rights on committees a vote can only be taken if the majority voting are governors. Minutes for each committee meeting will be presented by the chair in liaison with the clerk. As these minutes are also available to the public they should present a general record of the area covered and decisions made. There may be confidential matters which should be treated as with Part 2 items of a full governing body meeting. When the governing body sets up committees the terms of reference should include the duty to report back to the full governing body. The best way for this to be done is by tabling the committee minutes at the next governing body meeting. The Governing Body may delegate some of its functions to: • A committee. • Any governor other than a governor who is the headteacher. • The headteacher where the function being delegated does not directly concern the headteacher. The functions excluded from delegation are deciding on the discontinuance of the school, a scheme made by the local authority under 48(1) 0f the SSFA 1998, to the extent a governing body approval is needed for the first formal budget plan of the financial year, the suspension of governors, the change of the name of the school and reconstituting the governing body.

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It is our very strong advice that the following are not delegated to individuals but to committees: • Admissions. • Finance, including setting a budget plan for approval by the governing body. • Pupil discipline, including discipline policies and exclusions. • Staff discipline, including appeals. These committees should be clerked. The governing body may convene other committees or working groups whose work will advise the full governing body in making decisions in appropriate areas. These may include curriculum, premises, health and safety. Although there is no requirement for these to be clerked it is advisable that minutes are taken and are presented as a record of the meeting to the full governing body.

Admissions and Exclusions Admission to Catholic voluntary aided schools and academies is a very complex process. Governors should familiarise themselves with the Diocesan Guidance on Admissions which can be found on the Education Commission Website. Governing bodies have a statutory duty to follow the Schools Admissions Code produced by the DfE If a priest is a governor, he may not take part in any stage of the admissions process or decisions regarding admissions if he has provided a statement of practice for any applicant. The Diocese is committed to the principle that as many Catholic children as possible should be able to take advantage of education offered in our Catholic schools. The Archbishop requires all Catholic voluntary aided schools and academies to give priority to Catholic applicants. In drawing up the over subscription criteria first priority should be given to Catholic looked after children or looked after children in Catholic families. For the purpose of admissions to schools a looked after child is a child in public care looked after by the local authority. Children who were previously looked after but ceased to be because of adoption or being made subject to a residence or special guardianship are still to be considered looked after. The local authority maintains a register of all looked after children in its area. Governors should be aware that not all children living away from their parents are ‘looked after’. Second priority should be given to baptised Catholic children or children enrolled in the Catechumenate. Baptised Catholic children are those who have been baptised in a Roman Catholic Church or an Oriental Rite Church in communion with the See of Rome. Please refer to the Diocesan Guidance on Admissions on the Education Commission web site. Objections to Admissions Arrangements

Anyone can object to the Schools Adjudicator regarding the admission arrangements for any school. It is up to the adjudicator whether an objection is investigated. The adjudicator has a number of options at her/his disposal: • To uphold the objection fully or in part and direct the admissions authority as to what remedy it must

make.

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• To uphold the objection fully or in part but make no direction to the admissions authority. • Not to uphold the objection but direct the admissions authority regarding a remedy it must make to

ensure clarity. • Not to uphold the objection and make no direction to the Admission authority. • Not to uphold the objection but direct the admissions authority to remedy another part of the

arrangements which is not compliant with the Code. The adjudicator’s decision is binding. Difficulties surrounding admissions can appear intractable but governing bodies should take all possible steps to resolve concerns about the admission arrangements of other Catholic schools without having recourse to the Adjudicator as such action diminishes the Catholic community. Coordinated Admissions Schemes

The local authority must draw up a scheme to coordinate admissions within its area and consult with other admissions authorities. In brief, parents will complete one application form called a Common Application Form which is available from the local authority. Parents are allowed to express preferences for schools including Catholic schools. Catholic voluntary aided schools no longer have their own application form but they do have a Supplementary Information Form asking for information relevant to the Catholic school, such as proof of baptism. Although the local authority administers the coordinated scheme it is for the admission authority of the Catholic school to decide which children are offered places by rank ordering applicants according to their own over subscription criteria. In most schemes governing bodies will not know what preference their school has been given by an applicant and therefore it is probable that a number of pupils offered places up to the published admission number will have gained a place at another school to which they have given a higher preference and the governing body will have to admit children rank ordered further down the list. On no account should governors indicate formally or informally to parents how children have been rank ordered and should not communicate regarding places before parents are informed on ‘National Offer Day’. Appeals

If a child is refused a place at a school parents have the right of appeal. It is the responsibility of the admission authority to establish an appeal panel. The Schools’ Admissions Appeals Code produced by the DfE must be followed in establishing the panel and by the panel itself once appeals are underway. The membership of the panel must be independent from the school’s governing body as well as the local authority if it maintains the school. The decision of the appeal panel is binding. Admissions Forums

Local authorities may have an Admission Forum made up of members’ representative of the community including voluntary aided schools, academies and the Diocese. This is a non statutory forum which provides a platform to discuss the effectiveness of the local arrangements, advise admissions authorities on how arrangements can be improved and provide a service for local parents and children. One of its aims is to seek to promote agreement on a range of difficult issues to ensure that vulnerable children and children who are hard to place are provided for within the admission arrangements.

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Exclusions

All Governing Bodies should have a behaviour policy that clearly states the importance given to good behaviour, how this will be achieved and the support mechanisms which are in place for students whose behaviour is unacceptable. In a Catholic school, the principles of justice and reconciliation must guide these issues. Exclusion, even for a fixed term, should be seen as a last resort where reconciliation cannot be effected and the presence of the pupil in the school would be detrimental to the education and welfare of the other pupils or the pupil him or herself. There are very rare occasions when a headteacher may permanently exclude for a first or one off offence e.g. actual or threatened violence against another student or member of staff, sexual abuse or assault, supplying illegal drugs or carrying an offensive weapon. Although governing bodies agree the behaviour policy it is the headteacher’s duty to establish discipline procedures to achieve its aims. Only the headteacher can exclude a student and has the authority to exclude for one or more fixed periods up to a total of 45 school days in any one school year. A lunchtime exclusion counts as half a day. The headteacher can also permanently exclude. All exclusions including lunch times must be notified to the parent as soon as possible giving reasons for the exclusion and the days on which it will take effect. The parent must also be informed about how they may make representations against the headteacher’s decision. The head teacher must inform the local authority and governing body of details of the exclusion in the following instances: • If it is permanent. • If it is a fixed term converting to permanent. • If it is fixed term amounting to more than 5 school days in 1 term. • If it results in a pupil missing a public exam. It is the responsibility of the governing body to arrange for full time education from the sixth day of a fixed term exclusion. The governors’ role is one of reviewing the headteacher’s decision on exclusions as need arises. The Pupil Discipline Committee is important in this role. It should meet to consider the headteacher’s decision for the following exclusions: • Permanent. • Fixed term converting to permanent. • All fixed term totalling more than 15 days school days in any one term. • If the pupil will miss a public exam. In the above cases the committee must consider the circumstances in which the pupil was excluded and consider any representation by the parent and/or local authority and consider that if the pupil should be reinstated, when this should be. The parents and pupil should be allowed to attend meetings for permanent exclusions and fixed term exclusions totalling more than 15 days in a term. If a governing body upholds the headteacher’s decision to permanently exclude a pupil, the parent or the pupil may appeal to an Independent Review Body. The Review Body cannot require a governing body to reinstate the pupil but can recommend that the appeal is heard again. If a governing body refuses to do this the Review Body can require it to pay up to £4000 for the education of the pupil elsewhere

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Unlawful Exclusions

Governors should be aware that a large number of exclusions have been challenged successfully on the grounds that they are unlawful. The most common feature in this is where a member of staff, unless acting as headteacher, has sent pupils home, where a headteacher has asked a parent to keep a pupil at home for a day or more or where pupils have been sent home and asked not to return to school until parents have made an appointment. Governors should understand that although these are actions taken by the headteacher or other staff, it is the governors who will bear the responsibility.

Curriculum The curriculum is all the teaching and learning that takes place on or off the school site, either planned or unplanned. It is the ‘business’ of the school and the assessment of and for learning, the planning and the delivery are the responsibility of the headteacher and teaching staff assisted by the support staff. The Role of the Governing Body

Governors are required by law to ensure the delivery of the curriculum in accordance with the Trust Deed. The CES document, Evaluating the Distinctive Nature of a Catholic School (1999) contains a number of working papers to help governors in fulfilling these responsibilities. ‘The curriculum in all its aspects, must reflect the fact that Christ is the foundation of the whole educational enterprise in a Catholic school’ (The Catholic School 1977 paragraph 33). As the CES guidance points out, it is often unhelpful to distinguish the ‘religious’ curriculum from the ‘secular’ curriculum in the Catholic school. ‘The curriculum as a whole, and every part of it, is religious, since everything ultimately relates to God’. It is essential then, that all governors in Catholic schools in the Diocese know and keep up to date with the current teaching of the Church in order to be able to understand how best to ensure the entitlement for all pupils to the National Curriculum which includes personal, social and emotional development as well as spiritual and moral education and to Catholic religious education. They will also need to carry out their related responsibilities for assessment, target setting and reporting in keeping with that teaching. Inclusion

The curriculum in a Catholic school should be planned in such a way as to ensure all pupils whatever their abilities, home backgrounds and dispositions can achieve the highest possible standards. Canon 806 states ‘Those who are in charge of Catholic schools are to ensure, under the supervision of the local ordinary, the formation given in them is, in its academic standards, at least as outstanding as that in other schools in the area’ Governors will need to ensure that all children have the opportunity to develop their potential in all areas of learning and experience, including the spiritual. A named governor will have responsibility for overseeing the school’s provision for children with Special Education Needs but it will be good practice to interpret this role broadly to include all children vulnerable to underachievement, not only those with Statements of Special Educational Need. This may also include children who are gifted and talented. The Inclusion statement in the introduction to the National Curriculum (DfES 2000) very clearly sets out the principles for inclusion in all maintained schools and how this will be achieved. The principles are a

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statutory and integral part of the National Curriculum and should be followed even if schools deviate from a full national curriculum entitlement for some pupils. Children who are vulnerable to social, emotional and behavioural difficulties may present a particular challenge and there are a range of learning, teaching and organisational strategies to support schools in providing for them. Nurture Groups, especially, have an approach which is in keeping with Christian values and are recommended good practice. Governors, in making financial decisions, will need to allocate sufficient resources to ensure adequate support for the range of special needs in the school. Religious Education

In a Catholic school, Religious Education must be in accordance with the rites and practices of the Catholic Church; this position is safeguarded in the School Standards and Framework Act 1998. This will also be included in academy documentation. The Catechism of the Universal Church and the Bishops’ Conference of Religious Education Curriculum Directory for Catholic Schools have provided strong support for Religious Education. The Diocese has three Religious Education advisers who will advise on the quality of teaching, schemes of work and assessment of Religious Education. Religious Education is seen as an academic discipline with comparable demands and rigour to other curriculum subjects. The appointment of leaders for religious education requires special care to ensure that religious education is properly managed and taught. Religious growth and development, which must be the aim of Religious Education, are not confined to time-tabled Religious Education lessons but will be part of the whole curriculum which is offered. Religious Education is concerned with the spiritual and moral development of pupils and their religious literacy and this will be supported through other curriculum areas. Pupils will also be influenced by the way in which the learning, teaching and assessment are carried out and by the attitudes and behaviour of pupils and staff to one another, their property and the school environment. Social and cultural development too, are part of the wider understanding of religious education and these will need to be within the context of the social teaching of the Church, helping pupils appreciate and value its cultural breadth and universality. Sex and Relationships Education

English law requires governors of all schools to have a policy for Sex Education. Governing bodies in primary schools may adopt a policy that states Sex and Relationship education will not be taught. Where governors of Catholic schools decide that sex education will be taught in the school they are advised that it should be within a programme of education for personal relationships. The Southwark Diocesan policy which is approved by the Archbishop is titled Education in Human Love and must be used as the basis for any programme in a Catholic school in the Diocese. It is available on the Education Commission website. The Religious Education advisers will organise training on the implementation of the policy for schools. British Values Since September 2014 Section 5 inspections have been including how schools support pupils in the understanding of and adherence to British values. Schools must also ensure that they protect pupils from the dangers of radicalisation and extremism although neither is defined. See Appendix 3.

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Staffing

The Governing Body as Employer

The governing body is the employer of the headteacher and staff in a voluntary aided school or academy, except where the academy is in a Multi-Academy Trust in which case the Trust is the employer. There are statutory Regulations and guidance which set out the main staffing functions of the governing body and these must be followed. They provide for the appointment of a headteacher and deputies; other teachers and support staff; the regulation of conduct and discipline of staff; the suspension and dismissal of staff; the role of the governing body and the headteacher, and advice from the LA and the headteacher on appointments and dismissals for staff in voluntary aided schools. See Chapter 5 of the Governors Handbook DfE September 2014 for more details. There are additional requirements from the Catholic Church nationally and from the Diocese which apply to all Catholic voluntary aided schools and academies. The Catholic Education Service (CES) has published a Memorandum on Appointment of Teachers to Catholic Schools September 2014 from the Department for Catholic Education and Formation of the Catholic Bishops’ Conference for England and Wales which can be accessed on the CES website www.cesew.org.uk . This gives guidance to governors in fulfilling both their statutory duties and their responsibility for preserving and developing the Catholic character of the school. While this guidance applies particularly to the appointment of teachers, it may also give helpful insight to governors generally with regard to other aspects of their role and responsibilities as employers. Governors have overall responsibility for staffing matters at their school; they decide the number of staff, both teaching and support staff. When a member of staff leaves they decide whether or not to replace him or her. As in all aspects of governors’ responsibilities, this will be done in partnership with the headteacher. Governors may delegate many of the staffing functions to the headteacher, an individual governor or a committee of governors working with the headteacher. Governors should agree a staffing policy which shows how they will ensure that the Catholic character of the school is preserved and developed. Appointments

The appointment of staff is the most important responsibility that governors have as it is through the personal living out of their faith and commitment and their ability to communicate this to others, especially to the young, that the schools’ personnel will ensure its Catholic character. Governors need to be very clear about what they are doing and the words of Pope Paul VI remain a guiding principle: ‘Modern man listens more willingly to witnesses than to teachers, and if he does listen to teachers, it is because they are witnesses’ (cf Evangelii Nuntiandi, sec.41). The governing body cannot delegate the responsibility for appointing headteachers, deputy heads and other senior leaders. They will agree on the membership of a selection panel of whom the majority should be foundation governors. The panel’s decision to appoint a particular candidate must be ratified by the whole governing body. The governing body can delegate the appointment of all other staff to the headteacher and a governor. It is recommended that the governing body has a recruitment policy which clearly states who appoints at different levels e.g. the headteacher and two governors for middle managers; headteacher for part-time class teacher posts. When a vacancy for a headteacher or deputy headteacher occurs the governing body must advertise as it deems appropriate unless there is good reason not to. The guidance from the Diocese is that the post is

http://www.cesew.org.uk/

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advertised where it will attract most attention. This is understood to mean national advertisement. If a governing body believes there is good reason not to advertise it should discuss this with either the Director of Education or the Deputy Director of Education at the Education Commission in the first instance. When a vacancy occurs and the governors decide to fill the post they should draw up a specification and advertise it unless it is intended to accept a person already working in the school. All teachers, including those who are newly qualified, will need to have a recognised qualification. Governors of Catholic voluntary aided schools and academies have extra rights with respect to employing, appointing or dismissing teachers. They may give preference to practising Catholics. CES application forms should be used for all posts and are available to download from the CES website. Interview procedures must be clear, objective and transparent and open to scrutiny. Governing bodies must agree advisory rights for the Diocesan Director of Education and Chief Education Officer of the local authority. This may apply to all appointments or, more usually, to the appointment of headteachers and deputy headteachers alone. Whatever advisory rights the governors confer must be the same for both the Diocese and the local authority. The governing body or headteacher must check with the local authority that any person they wish to appoint meets the appropriate professional and health qualifications. Crucially, no person should be employed until checks of suitability for working with children have been made as contained in the Keeping Children Safe in Education - April 2014 available to down load from the DfE website Where possible, employees should be committed Catholics who believe fully in Catholic Education. The Diocese recognises the contribution that teachers of other Christian Churches, other faiths and other teachers generally make to support the Catholic ethos of many of our schools. Governors should ensure that an appropriate induction programme is in place emphasising the distinctive nature of Catholic education and that continuing professional development (CPD) is available to help to sustain and develop it. Appointment of a Headteacher or Deputy Headteacher

The Diocese provides detailed guidance to governors on appointments to these senior posts. This is available in written form entitled Guidance to Governing Bodies: Appointment of a Headteacher or Principal to a Catholic School or Academy – January 2013. The guidance is updated regularly and is available on request from the Education Commission. The Archbishop is entitled to be represented at all appointments to senior posts in Catholic schools in the Diocese. As soon as governing bodies are informed of an impending resignation from one of these senior posts they should notify the Director of Education, at the Education Commission to whom the Archbishop has delegated this responsibility, by telephone or email. The information will be registered and the guidance sent. This is a comprehensive guidance pack advising on all stages from the vacancy occurring to the appointment. CES application forms only must be used as these include questions on religion and references in a form agreed with the main unions. They can be downloaded from www.cesew.org.uk and can also be completed and submitted on line. It is expected that Governors will follow the guidance rigorously in order to ensure that the very best appointments are made in line with the Archbishop’s policy. The Archbishop will be represented by an


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officer from the Education Commission at interviews for a headteacher. It is not normally possible for officers to attend interviews for deputy headteachers unless there is a particular reason for doing so. A headteacher or chair of governors may wish to discuss this with a member of the Commission staff. A draft outline of the proposed timetable for the appointment, with alternatives, should be forwarded to the Education Commission before the post is advertised in order to ensure the availability of an officer to represent the Archbishop on the preferred dates. The Commission team covers fourteen local authorities and has far fewer staff than any of them so it is essential that the date is not set in discussion with the local authority before the availability of a representative from the Archdiocese is assured. Once the post has been advertised, a named officer from the Commission will liaise with the chair of governors or his/her representative regarding procedure, including shortlisting. Copies of application forms received should be forwarded to Education Commission for the attention of the officer concerned. Shortlisting advice is normally provided by telephone for headteacher and deputy headteacher appointments. Leaders of Religious Education

Governors have particular responsibility to ensure that Religious Education is properly managed and taught. Religious Education coordinators in primary schools and heads of RE in secondary schools should be practising Catholic and have status and remuneration with other equivalent subject leaders. Advice must be sought from the Commission with regard to the appointment of suitably qualified and experienced teachers. Teaching Staff

Governing bodies in Catholic schools may give priority to Catholic teachers in the appointment of all teaching posts. Where teachers who are not Catholic are appointed to teaching posts in Catholic schools they are required, as all teachers are, to be loyal to the aims and objectives of their school and to have regard to its Catholic character. Teachers who are not Catholic are as equally valued members of staff as those who are. Support Staff

The interviewing and appointment of all levels of the support staff is normally delegated to the headteacher with a governor representative joining the headteacher if this is desired. The LA must be consulted and is entitled to make representations about the grade and remuneration of support staff in voluntary aided schools. Increasingly, support staff are taking on wider responsibilities in relation to pupils e.g. HLTA (Higher Level Teaching Assistant) and there is a need for governors to provide clear guidelines for all staff about the Catholic character of education and the Catholic life of the school. Governing bodies may give priority to Catholics to support staff posts if they can show there is a Genuine Occupational Requirement that the demands of the post are such that only someone of the same religion as that designated to the school, can carry out these demands. Such posts would include lay chaplain, counsellor, and pastoral manager. Contracts

CES contracts should be issued as these reflect the responsibility of the governing body as employer. It is the responsibility of the governing body to issue the appropriate contracts of employment and associated CES documentation. These are available to down load from www.cesew.org.uk


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Staff Discipline, Capability, Grievance and Absence

Governing bodies should have the following policies in place: • Staff discipline • Staff capability* • Staff grievance • Staff absence (sickness) It is the responsibility of the governing body to adopt appropriate procedures This should be done at a full governing body meeting and minuted. The CES has model procedures for each of these areas which are available on the Education Commission’s web site. Governors should adopt these, not the procedures of the local authority, as these reflect the governor’s role as employer. *Under present regulations capability is now part of performance management in voluntary aided schools and the formal stage comes under the discipline procedure. Developing a Staffing Structure and TLRs

Governors have considerable flexibility to determine a staffing structure which will meet the needs of their school and support the School Improvement Plan as well as enabling schools to use the skills and expertise of staff to best effect. The professional development of staff through the allocation of responsibilities should include opportunities for developing leaders for the future. Planning for succession i.e. for future leadership within the school rather than necessarily looking outside the school for every appointment is now recognised good practice. Governors may also wish to agree a staffing structure which enables newly qualified staff to work alongside subject coordinators, team leaders or phase managers to gain experience. The staffing structure will include the allocation of Teaching and Learning Responsibility (TLR) allowances for middle level and senior staff to manage broad areas of the school organisation focusing on support for teaching and learning. It is the responsibility for governing bodies to ensure newly appointed headteachers have the support and training. The local authority, the Education Commission and other external agencies can help with this. The National Professional Qualification for Headteachers (NPQH) is no longer mandatory for teachers appointed to their first headship. The qualification is still put on by the National College for Teaching and Leadership (NCTL) and it is accepted as a high quality qualification. Governing bodies may still make it as a desirable criterion in a person specification or that a head teacher without the qualification commits to taking it up once appointed. Governing bodies should also be aware that there are other high quality qualifications that teachers may have gained abroad and are therefore to be considered as equal to NPQH. The Education Commission can give advice in these. Governing bodies should be aware of qualifications for experienced headteachers put on by the NCTL such as Local Leaders in Education (LLE) and National Leaders in Education (NLE). Deputy Headteachers and other senior leaders should have opportunities for continuing professional development within school to get to know how school systems such as financial management, work. Continuing Professional Development (CPD) is offered by the Diocese for leadership posts and it is expected that governors will support and encourage aspiring leaders to undertake this.

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Job Descriptions

Governors should aim to have a strategic view of the entire workforce in order to ensure the highest possible standards are being achieved. Staff job descriptions will set out how this works in practice and each individual member of staff’s duties and responsibilities in relation to standards will be clearly identified, understood and agreed. The school’s Mission Statement and aims should always be included as a point of reference. The School Improvement Plan, which will address the ongoing development of Religious Education and the Catholic character and ethos as well as the requirement to further raise the academic standards, is the driving force behind the staffing structure. Pay and Conditions of Service

Teachers’ pay structure for voluntary aided schools is set out in the School Teachers Pay and Conditions Document. This document is reviewed on an annual basis and governing bodies must refer to the document currently in use. Academies have more flexibility in determining pay scales. Governing bodies must have a clear pay policy which is discussed with staff. Governing bodies of all maintained schools, including voluntary aided Catholic schools, must review the pay of all teachers annually with effect from 1 September. They are required to work within the provision of the annual School Teachers’ Pay and Conditions Document. Teachers are subject to statutory conditions about their professional duties and working time which are set out in Teachers’ Pay and Conditions Document and these are part of their contracts of employment. Most schools follow the national conditions of service for support staff contained in the ‘Green Book’. Local authorities may move from this to their own conditions of service for support staff. For example, Kent County Council has its own conditions of service contained in the ‘Blue Book’. It is normal practice for Catholic voluntary aided schools to adopt the conditions of service for support staff that is used for community schools in the local authority area. Performance Management

Governors must have a policy for performance management of teachers and this must be made available to all teachers in the school. The regulations governing performance management in maintained schools apply to Catholic voluntary aided schools and academies are advised to adopt them for use in their schools. The Catholic Education Service publishes models of performance management in Catholic schools available at www.cesew.org.uk The Diocese recommends that all Catholic schools adopt this model. The governing body has direct responsibility for the performance management of the headteacher. It must delegate this to two or three governors who will be advised by an external advisor at the annual appraisal meeting. Diocesan guidance is that this is delegated to three governors of which at least two are foundation governors. The governing body may ask an officer from the Education Commission to act as external adviser in which case there will be a cost to the school equivalent to that charged by external, advisers for this exercise. Presently, there is no requirement to appraise staff who are not teachers. Most schools have a system in place and the local authority can help with implementing a programme. The Catholic Education service has a model policy for support staff appraisal available from www.cesew.org.uk It is important that when agreeing appraisal targets with the headteacher, at least one is to do with Catholic leadership or ethos.



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Succession Planning

What Governing Bodies can do

Governing bodies have an important role in succession planning as this is part of their strategic planning in ensuring the school benefits from the strongest leadership possible. Governing bodies must have a long term vision for the school. The future leadership of the school should be part of the overall strategic planning whether or not a change in leadership is anticipated in the near future. This in no way implies any form of criticism of the incumbent leadership but accepts that education is a dynamic process and schools will continue to change as will the demands on educational leadership. Governing bodies will need to be aware of this when appointments are made, staff targets are agreed and CPD evaluated. Governing bodies will sometimes consider ‘new blood’ is needed when a leadership post is advertised. There is a danger that this could mean that any internal applicant will not fit the requirement. Very often the reverse is true and the internal applicant provides exactly the ‘new blood’ that is needed. Internal applicants are entitled to the same consideration as external candidates and must be interviewed if they meet the selection criteria. If an internal applicant does not meet the criteria they must not be interviewed but given constructive feedback. Governing bodies should not interview an internal candidate ‘to give them interview experience’ if they do not meet the selection criteria. Offering a candidate an interview is saying that they are being considered seriously for the post. Governing bodies should give serious consideration to seconding senior and middle leaders to other schools for agreed periods of time and to accept secondees from other schools. This will allow leaders to gain new experiences and develop new skills which can be put to use in the school when they return. Growing your Own

Good leadership is a professional quality expected in all staff from NQT to headteacher. It also includes teaching assistants and support staff. The Teachers Standards issued by the DfE in 2012 expect all teachers to develop in professional attitudes, knowledge and understanding and the development of leadership skills. It is important that schools identify potential in new teachers and provide the appropriate support and CPD to allow them to develop their leadership skills and experiences. Investment in this can lead to the school retaining good teachers and recruiting good teachers who will apply to the school knowing there is a good development programme for them. The NCTL commissions a variety of training and development programmes for teachers who are not senior leaders. Many of these programmes are managed by Teaching Schools or independent licensed providers. They range from developing the skills for teachers to become middle leaders (e.g. heads of department, subject coordinators) to Specialist Leaders in Education (SLE) who are teachers with excellent skills in a particular subject area who work in their own and other schools to help raise the performance of other teachers. Local authorities will often have development programmes for teachers. Opportunities for CPD for Senior Leaders

Applicants for senior leadership posts are expected to have the Catholic Certificate in Religious Studies (CCRS) (the former Religious Studies Certificate which is still acceptable) or demonstrate an equivalent knowledge and understanding of Catholic education. This will be demonstrated in the selection and

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interview process. Governing bodies should not reject an application because the person does not have the CCRS. The Diocese also expects that those seeking senior appointments have attended CPD in the recent past related to Catholic education. The Education Commission puts on a range of CPD programmes for senior teachers in schools and for those aspiring to senior leadership. The Education Commission is working in partnership with the other Catholic and Anglican dioceses in London and the NCTL on a number of pre and post NPQH programmes ensuring that those selected to go on these programmes get the best training that is available nationally and bring the benefits back into our schools. Applications from Teachers in Schools that are not Catholic

Governing bodies are advised strongly not to require senior post holders to already have experience in Catholic schools. There are a number of reasons why some Catholic teachers have only taught in schools that are not Catholic. As it is a requirement that the posts of headteacher and deputy headteacher must be held by practising Catholics, the field we can choose from is a small one compared to that which others schools can access. The Education Commission puts on a course each year specifically for Catholic teachers in schools that are not Catholic and who would consider taking up senior posts in Catholic schools. The Course ‘Put out into Deep Water’ is often oversubscribed and some schools have made successful appointments to headship and deputy headship from those attending this course. Governors who are aware of Catholic teachers in schools other than Catholic schools should encourage them to get in touch with the Education Commission to find out more about senior leadership opportunities in Catholic schools in the Diocese. Retaining Talented Teachers

Sometimes good teachers seek appointments elsewhere not because they do not like the school they are in but to develop their experiences and skills. Governing bodies may find that they can retain these teachers yet provide the opportunities the teachers want. This may be by agreeing to a headteacher or senior leader to support a school in challenging circumstances either on a full or part time basis, to becoming a mentor/coach for a colleague headteacher, to provide support for a newly appointed headteacher or becoming a tutor on a leadership development programme.

Securing Improvement in Schools causing concern

Schools in Challenging Circumstances

A school does not have to be judged inadequate by Ofsted to be facing challenging circumstances. The circumstances could include results below those expected, results being below floor level, concerns around leadership including not being able to appoint a headteacher or deputy over a long period of time, unacceptable pupil behaviour or high turnover and absence of staff. Schools must demonstrate that they are not coasting. Even schools judged to be good or outstanding by Ofsted must show continuous improvement. Local authorities have a statutory responsibility to monitor performance of maintained schools, including Catholic voluntary aided schools, and will have procedures in place to support schools where required.

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The local authority works on the principle of intervention in inverse proportion to success and the more serious the concern the more intense the support. The local authority has the power under the Education and Inspections Act 2006 to intervene formally. The level of intervention will depend on the circumstances and options are: • Pre Warning Notice. • Formal Warning Notice. • Appointing additional governors. • Withdrawing delegation from the school. • Applying to the Secretary of State to dissolve the governing body and put in an Interim Education

Board (IEB). • Applying to the Secretary of State to close the school. If a local authority uses any of the above interventions, the DfE and Ofsted will be informed. Academies are not maintained by local authorities but the local authority can communicate concerns to the academy and inform the academy sponsors or trustees. The Academies Act 2010 allows local authorities to provide financial and other support to academies and therefore can provide support if agreed by the academy. If a local authority has serious concerns about the performance of an academy in its area it can notify the DfE and Ofsted of its concerns. A Multi Academy Trust has the same responsibilities as a local authority for academies in its trusteeship. Academy sponsors have the same responsibilities for academies sponsored by them as do the trustees of individual converter academies. As all Catholic academies are connected to the Diocese, the Education Commission will be party to decisions made regarding support. Schools Judged to be Inadequate by Ofsted

Following a section 5 inspection a school will be given a grade which will be 1 = Outstanding, 2 = Good, 3 = Requires Improvement or 4 = either serious weakness or special measures. The difference for the judgements in grade 4 is that if a school is failing to provide a satisfactory education for its pupils but the inspectors believe it has the leadership capacity to bring about improvement it will be judged to have serious weaknesses. If the school is failing to provide a satisfactory education for its pupils and it does not have the leadership capacity to bring about improvement, it will be judged to require special measures. The Role of the Diocese

The Education Commission has a published standards strategy which is based on working in partnership with other parties to secure rapid improvement. Where the schools leadership or governance is deemed not to have the capacity to bring about improvement it is essential the Diocese is part of the decision making process with regard to any action advised or taken. Governing bodies should not take any action without consulting with the Education Commission beforehand. The local authority assumes responsibility for the action plan for improvement for a voluntary aided Catholic school judged to be inadequate by Ofsted. The Diocese will be consulted on this plan and may, if appropriate, have responsibility for the delivery of one or more actions of the plan.

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The Diocese will either take responsibility for or be party to drawing up the action plans for Catholic academies. Schools Judged to Require Improvement by Ofsted

Schools judged to require improvement are not inadequate but are subject to a rigorous monitoring system. Schools in this category where leadership is also graded as requires improvement, will be subject to regular HMI visits at which the school must demonstrate continuous improvement. Governance will be examined at each HMI visit. The school can expect to receive another Section 5 inspection between 18 and 24 months, or sooner, if the HMI reports no progress or regression. The local authority will work with voluntary aided Catholic schools on drawing up an action plan addressing the areas for improvement as stated in the inspection report. The Diocese will be consulted on this. The Diocese will work with Catholic academies in drawing up the action plans. Federations and Executive Headship

There are times where alternative options for leading the school are considered in order to bring about rapid improvement. Schools can enter into soft federations or collaborative partnerships for an agreed period of time. Normally this means another school is involved in supporting the school facing challenging circumstances. This school to school support can be very effective. Governing bodies must not enter into any arrangement without permission from the Education Commission who will be involved in setting up the arrangement if it is considered to be the best option for the school. The Education Commission will be responsible for drawing up the Memorandum of Understanding which outlines the agreements between the two schools and the required outcomes. Governing Bodies must not enter into any discussion regarding a hard or formal federation without discussing this with the Education Commission in the first instance. It is sometimes the best option to appoint an executive headteacher for a period of time. This can be done in a collaborative partnership where the headteacher of the supporting school becomes the executive headteacher or where there is not an incumbent headteacher and a headteacher from another school is brought in for a period of time. Executive headteachers will be headteachers in other Catholic schools or recently retired headteachers. In very exceptional circumstances consideration will be given for an executive headteacher to come from a school that is not Catholic but this is very much the exception. The Education Commission must be consulted before a process begins to appoint an executive headteacher Pastoral Care

In addition to his responsibilities for Catholic schools in English and Canon law, the Archbishop has a pastoral oversight of all schools within the Diocese and is especially mindful when a school is in difficulty. He realises that the education of the children and young people in the Diocese relies not only on efficient systems and structures but also on the network of relationships that support individual schools and parishes as an integral part of the Church in the Diocese. It is often the difficult and sometimes painful process of recognising the need and the effort required to resolve complex issues and make significant improvement that governing bodies and schools become aware of these relationships. Through facing the challenges of

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working through difficulties in a spirit of openness and reconciliation, school and parish communities are able to contribute more fully to the life of the Diocese and the Common Good. Governors should always be aware of the importance of providing pastoral care where it is needed.

Control and Use of the Premises

Ownership of the Premises

The land and buildings of schools and colleges in the Diocese are, in the majority of cases, owned either by the Trustees of the Diocese or, in some cases, by the trustees of a religious order. The role of the governing body of a voluntary aided Catholic school in relation to control and use of the school premises is primarily that of proprietor, that is, they do not own the land or premises but manage them on behalf of either the Diocese or religious order. They are responsible to the trustees for the maintenance of the fabric of the buildings and must obtain their agreement prior to altering or extending them. Governing bodies in academies and the directors of a multi-academy trust have a similar duty Governors Body’s Financial Responsibilities

There are financial implications involved for governors and directors in a multi-academy rust in meeting their responsibilities for school premises and these are subject to frequent changes in legislation. In order that governors may have up to date information, the Diocese organises regular briefing sessions. Governing bodies are responsible for: • Improvements and repairs to all existing buildings both internal and external. This now includes

kitchens, dining areas, medical rooms and premises officers’ houses. • Improvements and repairs to walls and fences. • Improvements and repairs to playgrounds. • Furniture and fittings. Insurance

Voluntary aided Catholic schools are maintained by the local authority and therefore this duty includes meeting the cost of insurance. Governors should check their local authority arrangements for delegating funds for insurance. It is the responsibility of the governing body to ensure adequate cover is in place. The Trustees require that the cover in place gives full replacement for building loss. Governing bodies should consult with the Buildings Liaison Officer at the Education Commission to get advice before entering into insurance contracts. Academies are insured by the trustees with the full cost met from the academy budget. Health and Safety

The governing body of a voluntary aided Catholic school or academy is responsible for the health and safety of pupils, staff, visitors and any other person who accesses the premises. It must ensure, as far as is reasonably practicable, the health and safety of pupils, both in school and off-site. This implies that the building and fabric are kept in a good state of repair at all times.

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The governing body must have a health and safety policy and clear arrangements known to all concerned for its implementation. It must assess the risks of all activities, introduce measures to manage those risks and tell their employees about the measures. The governing body has the power to carry out its policy. Governors must provide health and safety guidance to the school and ensure that members of staff who are delegated tasks, such as risk assessment, carry them out. There must be arrangements in place to ensure that the policy is monitored. The local authority has no responsibility or power to intervene except where safety, but not health, is threatened, for example in the event of a breakdown in discipline. Lettings Policy: Out of Hours Use

In most cases the governing body has control of the school premises both during and outside of school hours although there may be exceptions for individual schools which may need to be considered. Governing bodies are expected to be sympathetic to the needs of the local community when deciding out of hours use but they must balance these against their responsibilities arising from legislation for financial management, Health and Safety the Equalities Act 2010. Governing bodies in voluntary aided schools may not use their delegated budget to subsidise non-school activities although they may set different charges for different organizations use i.e. a parish group may be charged at a minimum level which is required to cover costs only (caretaking, heating and lighting); other organisations may be charged more in order to generate income. There is a fine line between parish, school and non-school activities and governors may need to negotiate sensitively with the parish priest and parishioners to ensure mutual understanding and good will. Governors in voluntary aided schools should refer to the local authority guidance and direction where appropriate for other users. They should have a lettings policy which clearly states the arrangements for hire of the premises by these different groups, the scale of charges and any particular directions with regard to use and the insurance requirements. The local authority may direct the governing body of a voluntary aided school to provide accommodation free of charge for the education or welfare of young people, if the LA is satisfied there is no other suitable accommodation available on any weekday when it is not needed for the purposes of the school (subject to a maximum of three days in any week). Governing bodies of schools within the trusteeship of the Diocese should not agree a lettings policy without permission from the Diocesan Financial Secretary. Similarly schools within the trusteeship of a religious institute or congregation should have permission from their trustees. Candidates in Parliamentary and local elections have rights to use school rooms for public meetings when they are not being used for educational purposes or they are not in use under a lettings agreement. The Returning Officer (the person responsible for organizing the election) may use school rooms at any time for an election. The requirements for use of premises for academies have different requirements. Governing bodies in academies should refer to the documentation signed up to when becoming an academy. Extended Schools

An extended school is one that works with other local providers including other local schools to provide access for families to a range of services either during the school day or outside of school hours. The services can range from extracurricular and enrichment classes for pupils of the school, a range of

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educational, sporting and cultural provision for young people from other schools in the area, an adult education programme and family and community services. Currently the Diocese supports the aims of extended school provision. Governors should nevertheless carefully evaluate any commitment which would increase their own and the school’s workload, particularly that of head teachers. In addition, maintaining the Catholic character of the school is paramount and some external providers may not understand or share that commitment. Governing bodies should follow the Diocesan policy on extended schools available on the Education Commission website.

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Appendix 1 Protocol for Governors visits to schools

Although governors do not have a statutory right to visit schools at any time they wish, governing bodies will work with the headteacher and other staff as appropriate to ensure governors are informed about the work of the school. A regular timetable for governor visits will help ensure that this is achieved. Governing bodies have a strategic role which includes monitoring and holding the senior leadership in the school to account for the progress made by pupils. In order to carry out this role individual governors will need to see the school at work. Governor visits will be carried out for a variety of reasons. Link governors will meet regularly with the appropriate member of staff, committee chairs will meet with appropriate staff regarding the area of responsibility of the committee e.g. Health and Safety, resources. The chair will meet regularly with the headteacher. It is at the meetings between the chair and headteacher that other visits will be agreed to focus on aspects of the school improvement plan. It is also important that governors visit the school for celebrations and liturgies. Ofsted advice is ‘Governors are not expected to be routinely involved in the day to day activity of the school. Governors are not expected to undertake lesson observations, unless the school has clear protocols for visits so their purposes are understood by school staff and governors alike. However, they hold important strategic responsibilities for the development and improvement of the school’ Subsidiary guidance for Inspectors; Inspections of Maintained Schools. Ofsted September 2013. Regular visits help strengthen the partnership with the headteacher and staff in the school but it is important to remember that the partners have different responsibilities. The Governing body has a mainly strategic role and the headteacher has the responsibility for the day to day management and control of the school including making executive decisions to ensure this supports the educational performance of the school. 1. Dates and times for visits will be agreed in advance. 2. Visits to primary schools will be agreed with the headteacher. 3. Visits to secondary schools may be arranged with individual members of staff but the headteacher must

be informed. 4. No more than two governors will visit at any given time. 5. A clear focus for the visit will be agreed and a timetable drawn up to ensure good use of time and the

classes visited are informed beforehand. 6. Governor visits are intended to supplement the information the governing body receives at meetings. 7. New governors will be briefed before their first visit by the headteacher or member of the SLT. 8. Governors will follow school procedures including health and safety and safeguarding requirements. 9. Governors will dress appropriately. It is good practice to follow the school’s dress code when visiting. 10. Governors must remain focussed on the objective of the visit and not interfere with other activities that

are going on. 11. Governors will not make promises to staff on behalf of the governing body. 12. Governors should remember to give praise where it is due and thank staff and pupils where

appropriate. 13. Governors will maintain strict confidentiality regarding the visit and share information only with the

governing body and the school. 14. At the end of the visit the governor will complete a visit report form (see below). It should be checked

with the appropriate member of staff in the school for accuracy and then send a copy to the clerk. A report on the visit should be an item on the following governing body or committee meeting. A copy of the report will be kept in the governing body evidence file for inspection by Ofsted.

15. If a governor observes a lesson the parameters should be agreed with the member of staff beforehand.

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16. Governors are not inspectors and must not give a judgement on the quality of the lesson. 17. Governors may speak with pupils and look at work. 18. The teacher is in charge of the class at all times and must not be interrupted in any way. 19. The governor should meet with the teacher at the end of the lesson and ask any questions regarding

the lesson at that time. The questions may be challenging but there should not be a judgement on what the teacher has done.

Governor visits and safeguarding 1. Governors must comply with all school safeguarding requirements 2. Governors should not be with children without a member of staff present. 3. If a governor witnesses something that s/he considers to be a safeguarding issue it should be reported

to the headteacher immediately. If the headteacher away the most senior member of staff present should be informed. The governor must not involve him/herself in the matter.

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Appendix 2 Governor visit proforma

Name of Governor............................................................... Responsibility of Governor (e.g. Link for SEN)................... Date of Visit......................................................................... Purpose of Visit Pre visit planning (e.g. communications with teachers, reading documents) Activities during visit Lesson observation (if applicable) What will be reported back to Governing Body/committee meeting Serious areas of concern raised with Headteacher or other member of staff (e.g. safeguarding) Yes/No. If yes, the Chair should be informed as soon as possible.

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Appendix 3 British Values There is a lot of debate and discussion on what British values are. There is no guidance at present but there are two documents which give some detail so are helpful to schools. The Model Funding Agreement for Academies – DfE July 2014 States that ‘The Academy Trust must ensure that principles are promoted which support fundamental British values, of: respect for the basis on which the law is made and applied in England; respect for democracy and support for participation in the democratic processes; support for equality of opportunity for all; support and respect for the liberties of all within the law; and respect and tolerance of different faiths and religious and other beliefs. The Education (Independent School Standards) (England) (amendment) Regulations 2014 state that: ‘’5. The standard about spiritual, moral, social and cultural development of pupils at the school is met if the proprietor –

(a) actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs;

(b) ensures that principles are actively promoted which – • enable pupils to develop their self-knowledge, self-esteem and self-confidence; • enable pupils to distinguish right from wrong and to respect the civil and criminal law of England; • encourage pupils to accept responsibility for their behaviour, show initiative and understand how

they can contribute positively to the lives of those living and working in the locality in which the school is situated and to society more widely;

• enable pupils to acquire a broad general knowledge of and respect for public institutions and services in England;

• further tolerance and harmony between different cultural traditions by enabling pupils to acquire an appreciation of and a respect for their own and other cultures;

• encourage respect for other peoples, paying particular regard to the protected characteristics set out in the Equality Act 2010(a); and

• encourage respect for democracy and support for participation in the democratic process; including respect for the basis on which law is made and applied in England;

(c) precludes the promotion of partisan political views in the teaching of any subject in school; and (d) takes such steps as are reasonably practicable to ensure that where political issues are brought to

the attention of pupils – • while they are in attendance in the school; • while they are taking part in extra-curricular activities which are provided or organised by or on

behalf of the school; or • in the promotion at the school, including through the distribution of promotional material, of extra-

curricular activities taking place at the school or elsewhere; They are offered a balanced presentation of opposing views.’’

These requirements are specifically for independent schools which include Catholic academies in the Diocese. Ofsted will require Catholic voluntary aided schools to adhere to the same requirments.

Guidance for Governors of Catholic Voluntary Aided … · 1 Guidance for Governors November 2014 ....

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