On this page you can download my quick reference cheat sheet which provides answers to the most common questions a clerk to governors will be asked in a meeting. This sheet is designed to help clerks navigate those tricky moments when a governor asks a question and all eyes turn to you for advice!
It covers the most common questions I have been asked as a clerk on subjects like the quorum, conflicts of interest, election of chair, governors missing meetings and more. A complete list of questions is shown at the base of this page.
How To Use The Clerk’s Cheat Sheet
This cheat sheet contains advice for maintained school clerks, based on the law, but it could easily be edited to fit academy rules based on your trust’s articles of association and terms of reference. (If anyone would like me to create a version based on the model articles let me know and I would be happy to.)
Download the Clerk’s Meeting Cheat Sheet (.docx Word file)
Clerks in single maintained community schools can follow the advice exactly as it is written. You will need to add in the quorum number for your school’s full governing body (based on the number of governors in post) and any committees.
Clerks in federations (a group of schools legally joined together) should edit the section on parent governors to say they must have only two parent governors, rather than at least two. The rules for appointing parent governors are also slightly different in federations and can be found at the end of this law.
Clerks in voluntary-aided, voluntary-controlled or foundation schools will also need to edit one question. For the question “Can we recruit more governors?” you will need to add in details of any foundation or partnership governors your school must have.
Unfortunately the rules around these types of governor are complicated and vary for each type of school, so they don’t squish into a small space! They can be found in section 14 of this law for single schools or section 22 of this law for federated schools.
Clerks in special schools will need to edit the information on appointed parent governors because they should prioritise parents of children with SEN. The rules are in section 11 of this law.
Answered Questions in the Clerk’s Meeting Cheat Sheet
These are all the answers listed in the Cheat Sheet. In the answers below I’ve also included links to relevant articles on Ask A Clerk so you can see the reasoning behind each answer.
Q. Are we quorate?
A. The quorum for our full governing body (FGB) is __ because we have __ governors in post. (FGB quorum is 50% of governors in post rounded up to a whole number. Ignore associate members.)
Our data committee quorum is ___. (Committee quorums must be a minimum of three governors; ignore associate members. But remember associates can be given voting rights on committees.)
Q. What happens if we are not quorate?
A. The meeting can continue but no votes can be held. Governors may wish to postpone or cancel but can hold discussions if they wish. The clerk should take minutes that state the meeting was inquorate. Governors who leave the room due to a conflict of interest cannot vote. Governors who leave the room or abstain do not count towards the quorum.
Further reading: What is the quorum for a school governor meeting?
Q. Is a governor disqualified if they miss meetings?
A. There is no automatic disqualification but a governor can be disqualified if they miss all FGB meetings for six months without the consent of the board, counting from the first meeting missed. The board can withhold their consent by not accepting apologies.
Further reading: What happens if a governor is not attending meetings?
Q. How do we elect the chair and vice-chair?
A. Candidates must leave the room and not vote. Staff and associate members cannot stand for election. You may have standing orders that set other rules. Usual practice is to allow candidates two minutes to state their case with a vote by ballot. If there is only one candidate governors should vote to accept/reject them.
Further reading: Procedure for Electing the Chair of Governors
Q. Who can sign the minutes?
A. The person chairing. It is irrelevant whether they attended that meeting as they are signing the minutes to show the board or committee has approved them.
Further reading: Who can sign the minutes?
Q. Who can be our staff governor?
A. Staff governors must have a contract of employment at the school. All staff are eligible, not just teachers. They are elected by other staff members.
Further reading: Who can be a staff governor?
Q. Do I have to leave the room during this item?
A. Governors and associate members must leave the room and not vote when they have a conflict of interest. This often happens when a) their own appointment/reappointment is discussed and b) the pay or appraisal of school employees is discussed.
They must also withdraw when they have a business or personal interest, as shown in the register of interests.
The Headteacher does not have to leave while the pay or appraisal of his staff are discussed. He does have to leave if his own pay or appraisal is discussed.
Further reading: When do governors have a conflict of interest?
Q. Who can be a parent governor?
A. A parent governor cannot work at the school for more than 500 hours per year or be an elected LA member. Parents must be elected by parents or appointed by the board if no-one stands for election.
Elected parent governors can be anyone who “has or has had parental responsibility for, or cares or has cared for, a child”. Appointed parents must meet the same criteria OR (in order of preference) be a) the parent of a former pupil or b) a parent of any child under or of compulsory school age.
Further reading: Who can be a parent governor?
Q. What if the chair and vice-chair are both absent?
A. The board decides what happens but it is reasonable to elect a governor to act as chair (not a school employee). Consider postponing important items.
Further reading: What happens if a governor is not attending meetings?
Q. Should this item go in a confidential minute?
A. Governors can make any item confidential if they are “satisfied” it should not be in public minutes. They need to balance this with their legal duty to be open about their decisions and actions. They must also consider that all minutes may be obtainable under freedom of information or subject access requests (if they contain personal data). Try to keep as much as possible in the main minutes.
Further reading: Are minutes of school governor meetings public?
Q. Can we recruit more governors?
A. Yes, if you have spaces in your instrument of government. If there are no spaces the board can either vote to “reconstitute” and add them or recruit them as associate members.
You cannot add extra LA or staff governor roles, but school staff can be co-opted governors as long as they do not make up more than one third of the board when counted with the head and the staff governor. You need at least two parent governors. There is no limit on the number of co-opted governors, associate members or overall number of governors. The minimum overall number of governors is seven.
Further reading: What is the instrument of government?