Yes. It is legal in both maintained schools and academies for a governor or trustee to sit on the same governing body as their family member or partner.
So a husband and wife (or boyfriend and girlfriend) could both be elected as parent governors at their child’s school. Or a brother and sister could both be appointed as co-opted trustees at the same academy trust.
However, there are some issues to consider if a governor has a close relationship to another governor at your school.
Local Rules On Related Governors
Although close relationships between governors and trustees are allowed by law there may be local rules that forbid it in some cases.
In maintained schools that have foundation governors your diocese or trust might refuse to appoint foundation governors who have a close link to an existing governor at your school.
In academies your academy trust might decide not to appoint related trustees or governors to the same board (check your articles of association and committee terms of reference). In a church academy trust your diocese might refuse to appoint foundation trustees/governors who are related.
Conflicts of Interest
Consider whether governors who have a close relationship have a conflict of interest in some circumstances.
Let’s say a husband and wife are both governors at Hogwarts Primary School. The board might decide that these governors have a conflict of interest if one of them is being:
- elected to chair or vice-chair of the board or a committee
- appointed to the board
- suspended from the board
- removed from the board.
If any governor or trustee has a conflict of interest they must withdraw from the meeting and not vote on that issue.
Declaration of the Relationship
Close relationships between people who serve on the same governing body must be declared on your register of interests and published online.
In maintained schools any close relationship between your governors or associate members must be declared and published online.
In academies any close relationship between members, trustees, committee members who are not trustees and local governors must be declared and published online.
Panel Membership
It may be sensible to avoid having governors with a close relationship sit on the same panel, for example a complaints panel or a pupil exclusion panel. This is to avoid any perception of bias.
Imagine you are a parent who has complained about a school. Would you think it fair if two out of three people on the governor complaints panel were married to each other?
Diverse Thinking
Consider whether governors who have a close relationship might detract from the diverse thinking needed on a board.
If you have a small board of perhaps just seven governors and two governors are married then that married couple control almost a third of the votes between the two of them!