Yes, but the process for removal differs according to the type of governor they are, who appointed them and whether it is a maintained school or an academy.
In most cases maintained school governors can vote to remove a fellow governor, but some governors are appointed by other organisations and can only be removed by the body that appoints them. For example, local authority governors in maintained schools can only be removed by the local authority itself.
In academies the process depends on whether a trustee or local governor/committee member is being removed.
This page describes how to remove maintained school governors, associate members, academy trustees and local governors/committee members.
No Need To Remove Absent Governors
If a governor is just not turning up to meetings there is no need to go through the removal process as almost all can be easily disqualified in both maintained schools and academies.
If most maintained school governors fail to attend meetings for a period of six months (counting from the date of the first meeting that they miss) then they are disqualified unless the governing body chooses to give consent for their absence. The only governors who this does not apply to are “ex officio” governors whose role comes with their job, which means headteachers and some foundation governors only.
If a governor has been absent for six months the board should discuss the reasons for absence and vote to decide whether to disqualify them.
Academies have a similar rule – trustees can be disqualified if they miss all meetings “held within a period of six months” (model articles June 2021).
The rules say that if governors give their “consent” (or academy trustees “resolve” to let the trustee remain) it is acceptable for someone to miss more than six months of meetings. For example, if a governor has been ill the board might allow the absences; if they have just been disorganised or busy the board might not.
How To Remove Governors In Maintained Schools
It is important that you follow the procedure set out in law for removing governors or the removal could be challenged. I have summarised the process below, with details from the School Governance Constitution (England) Regulations 2012.
Before starting the formal procedure make sure that informal routes have been exhausted. For example, has the chair of governors met with the person to explain their concerns? Have you offered further training or support from a more experienced governor as a mentor?
A Note On Removing Elected Governors
It is particularly important to be careful when removing elected parent or staff governors, whether they were elected unopposed or via a ballot. The DfE recommends that these governors are removed only in “exceptional circumstances”.
Boards must also be careful about their approach to governors who are challenging or “difficult”, because challenging senior leaders is part of their role.
“Governing bodies are expected only to exercise the power to remove an elected governor in exceptional circumstances where the actions or behaviour of the elected governor warrants removal rather than suspension.
“The power should not be used simply to remove dissenting or challenging voices. Good governance involves asking courageous questions and offering appropriate professional challenge.”
Constitution of Governing Bodies of Maintained Schools: Statutory Guidance
An explanatory memo to the law says that removing elected governors should be a “last resort” that stops boards wasting time arguing.
“We think this is an important last resort to ensure governing bodies can function effectively, focusing on their core strategic functions and reducing time wasted in prolonged disputes.
Explanatory Memo to Constitution and Federations Amendment 2017
One last point to be aware of when removing elected governors is that anyone who is removed from an elected governor role is banned from serving on any governing body for five years.
“A person is disqualified from holding or continuing to hold office as a governor of a school until the date immediately after the fifth anniversary of the date of their removal as an elected parent or staff governor under these regulations.”
Constitution and Federations Amendment (England) Regulations 2017
Governors Can Appeal
Before deciding to remove a governor bear in mind that statutory guidance states that if a governor objects to their removal schools are expected to provide an appeals process run by an independent panel.
“Governing bodies are expected to provide an appeals procedure to enable any removed governor to test the reasonableness of the governing body’s decision to remove them.
“It is advised that an independent panel conducts the appeal, which could include a governor from another school, and/or a suitable official from the local authority, or a suitable diocesan representative.”
Constitution of Governing Bodies of Maintained Schools: Statutory Guidance
Procedure For Removing A Maintained School Governor
The following procedure applies to the removal of co-opted, staff, parent and partnership governors. It is set out in the Constitution Regulations 2012. (A partnership governor can either be removed by a vote from the school governing board or by the body that originally appointed him.)
This procedure does not apply to local authority governors, who can only be removed by the local authority.
This procedure does not apply to appointed foundation governors, who can only be removed by the body that appointed them (eg: the local diocese).
However, it does apply to ex officio foundation governors, for example the parish priest whose governor role comes with his job, but only if the school is asked to vote on the removal by the body that is entitled to request it (this body will be named in your instrument of government).
- Specify “Removal of [Governor Name] from the governing body” as an item of business on the agenda for a full governing body meeting. Give the governor concerned a warning that this will occur.
- Let the governor see a written account of the case against them and allow sufficient time for them to formulate their response before the meeting.
- Give the governor a right to reply to any accusations, either via a written statement or through an oral one.
- Hold a vote, preferably by ballot so governors can vote anonymously. The governor who is at risk of removal must leave the room and cannot vote.
- If governors vote in favour of removal they must repeat the vote in a second meeting held not less than 14 days later. Make sure the second vote is also a specified agenda item. (In an explanatory memo to the law, the DfE refer to the 14 days as a “cooling-off period” – a chance for governors to calmly reconsider their decision and possibly change their minds.)
- If the second vote is also in favour of removal then the person ceases to be a governor. Statutory guidance says that an appeals process must be made available to the governor.
Remember that for any vote the board must be quorate for the decision to be valid. Governors who have left the room do not count towards the quorum.
Grounds For Removal
Statutory guidance on the 2012 Constitution Regulations lists some situations when it might be appropriate to remove an elected governor in a maintained school. Because this should only be done in “exceptional circumstances” these are given as examples of the most “exceptional and serious” situations that could arise.
It could be argued that if you are removing an appointed governor you could do so for less serious breaches than those listed below, because that governor has not been elected by parents or staff and there is no expectation in the guidance that appointed governors should only be removed in “exceptional” circumstances. That will be up to your governing body to decide.
The statutory guidance says the following situations could be grounds for removal of an elected governor.
“The five year disqualification term for removal reflects the expectation that the power to remove an elected governor will only be used in exceptional and serious circumstances (and such seriousness will depend on the facts of the case). Examples which could give rise to removal are where:
(a) there have been repeated grounds for suspension;
(b) there has been serious misconduct. Governing bodies should decide what constitutes serious misconduct based on the facts of the case. However, it is expected that any actions that compromise the Nolan principles, if sufficiently serious, would be considered in scope of this reason for removal;
(c) a governor displays repeated and serious incompetence; for example where an elected governor is unwilling or unable, despite all appropriate support, to develop the skills to contribute to effective governance; or where attendance is so irregular that the
governor is unable to make any meaningful contribution to the work of the board;(d) the governor has engaged in conduct aimed at undermining fundamental British values of democracy, the rule of law, individual liberty, mutual respect, and tolerance of those with different faiths and beliefs; and/or;
(e) the actions of the governor are significantly detrimental to the effective operation of the governing body, distracting it from its core strategic functions; and/or the actions of a governor interferes with the operational efficiency of the school thereby wasting a significant amount of headteacher and /or senior leadership time.”
Constitution of Governing Bodies of Maintained Schools: Statutory Guidance
Point A says that governors may be removed if there are repeated grounds for suspension. Another article cover the grounds for suspension, which include issues such as breaching confidentiality. Note that removal of a governor would require repeated grounds for suspension.
Point B refers to “serious misconduct” which is not defined in the guidance, but the DfE say that a serious breach of the Nolan principles would qualify. These seven principles are the ethical standards expected of people in public office: selflessness, integrity, objectivity, accountability, openness, honesty and leadership.
How To Remove Each Type Of Maintained School Governor
Parent governors (both elected and appointed) – hold two majority votes at two full governing body meetings not less than 14 days apart.
Staff governors – hold two majority votes at two full governing body meetings not less than 14 days apart.
Local authority governors – can only be removed by your local authority. Contact the LA and formally set out your concerns about the governor. The LA have the power to remove the governor if they feel it is appropriate but the school governing board does not. (Governing bodies do have the power to suspend local authority governors though.)
Co-opted governors and partnership governors – hold two majority votes at two full governing body meetings not less than 14 days apart. Partnership governors can also be removed by the body that appointed them so you could also express your concerns directly to that body. Their details will be found in your instrument of government.
Foundation governors (appointed only) – may only be removed by the body which appointed them, eg: the local diocese. (Governing bodies do have the power to suspend foundation governors though.)
Foundation governors (ex officio) – may only be removed by the governing body if they are asked to remove them by the body named in the instrument of government as entitled to do so. Having receiving the request governors would vote in favour or against, following the procedure described above.
Note that if an ex officio foundation governor is unable or unwilling to take up their governor role then a substitute governor can be appointed by the same organisation that appointed the original foundation governor.
Headteacher governors – cannot be removed as they are ex officio governors. Headteachers can choose not to be a governor if they wish, although I have never come across a headteacher who did not sit on the governing board.
Associate members – hold a majority vote at a full governing body meeting. Associate members are not governors so there is no need to follow the full procedures outlined above, although you could do if you wanted to be scrupulously fair. The law simply says that “An associate member may be removed from office by the governing body at any time.”
How To Remove Academy Trustees and Local Governors
In academies the process for removal depends on whether you wish to remove a trustee or local governor/committee member.
How To Remove A Local Governor
In a multi-academy trust the local governing bodies are all committees of the main trust board. This means that the board of trustees has the power to remove any local governor. In all academies the board of trustees has the power to remove all committee members who are not trustees.
The model articles (June 2021) explain that trustees have the power to determine the constitution, membership and proceedings of any committee, including local governing bodies.
“The constitution, membership and proceedings of any committee shall be determined by the trustees.”
Model Articles of Association (June 2021)
There is no set process listed in the articles for removal of local governors and other committee members. However, it would be reasonable to ensure that the removal is listed as an agenda item, the agenda is sent out in advance as you would usually do and the person in question is given a chance to argue against their removal at the meeting.
How To Remove An Academy Trustee
The model articles (June 2021) explain that the power to remove a trustee lies with whoever appointed or elected them. Therefore, if trustees have appointed any co-opted trustees they also have the power to remove them.
Articles also explain that the members of the academy trust have the power to remove any trustee, however they were appointed or elected.
Members can remove trustees by passing an “ordinary resolution”, which means a majority vote in favour. The articles refer to this as an ordinary resolution under the Companies Act 2006.
“A trustee may be removed by the person or persons who appointed or elected them, or otherwise by ordinary resolution of the members in accordance with the Companies Act 2006.”
Model Articles of Association (June 2021)
If trustees are voting to remove a co-opted trustee there is no set process in the model articles, but again a reasonable approach would be to list the removal as an agenda item, send the agenda in advance and give the trustee a chance to defend themselves at the meeting.
If members are voting to remove any trustee they must follow the rules in sections 168 and 169 of the Companies Act 2006. This means that:
- special notice must be given of the meeting; under section 312 of the Companies Act 2006 this means that members must receive the notice at least 28 days before the meeting
- the trustee has the “right to protest” their removal at the meeting; they also have the right to protest in writing and have their protest distributed to the members
- the members must pass an ordinary resolution in favour of the removal, which means a majority vote (more than 50% in favour).
The quote below from the Companies Act 2006 refers to “directors” rather than trustees, because academy trustees are also directors under company law.
“A company may by ordinary resolution at a meeting remove a director before the expiration of his period of office, notwithstanding anything in any agreement between it and him.
“Special notice is required of a resolution to remove a director under this section or to appoint somebody instead of a director so removed at the meeting at which he is removed.
“The director (whether or not a member of the company) is entitled to be heard on the resolution at the meeting.”
Companies Act 2006 (Sections 168/169)