School governors are allowed to attend meetings “virtually”, for example over the phone or via a video link using web conference software like Zoom. Here are the rules for maintained schools and academies.
Virtual Attendance in Maintained Schools
The law says that governors at maintained schools can attend meetings using “alternative arrangements”.
“The governing body may approve alternative arrangements for governors to participate or vote at meetings of the governing body including but not limited to by telephone or video conference.”
Roles, Procedures and Allowances (England) Regulations 2013
The same law says that any decision to be made is decided by “a majority of the votes of the governors present and voting on the question”.
However, DfE departmental advice explains that governors can be “present” at the meeting virtually; they don’t need to be physically in the room.
“Members of the board and its committees must be present in a meeting to vote, but they may be present ‘virtually’, for example by telephone or video conference.”
DfE Departmental Advice on Roles, Procedures and Allowances Regulations
Can governors attend committees virtually?
Yes, maintained school governors can also attend committee meetings virtually. The original Roles, Procedures and Allowances regulations from 2013 just said that virtual attendance was acceptable at “meetings of the governing body” and did not refer to committees.
However, an amendment to the legislation made later that year clearly states that the rule also applies to committee meetings.
“The governing body may approve alternative arrangements for committee members to participate or vote at meetings of a committee including but not limited to by telephone or video conference.”
Roles, Procedures and Allowances (England) Amendment Regulations 2013
Tips For Holding Virtual Governor Meetings
If you are going to hold virtual board meetings here are some tips to help the proceedings run smoothly.
- The most common software used by schools includes Zoom, Microsoft Teams and Google Meet.
- All participants should mute their microphones if they are not speaking to avoid background noise and feedback.
- If governors need to withdraw because of a conflict of interest (eg: during the election of the chair) ask the host of a Zoom meeting to place candidates for chair in the “waiting room” while governors discuss the candidates and vote.
- Alternatively use online form services like Microsoft Forms or Google Forms to collect votes for the ballot.
- Governors cannot vote by email before the meeting, but they could email or text a vote to the clerk and then verbally confirm that their vote is unchanged at the meeting. You could also use any poll function built in to the software such as Zoom polls.
- Be careful with “private” chat functions built in to online meeting services as they may be viewable by the host and can also be viewable as a transcript at the end of the meeting.
- If you find it difficult to hear a specific person ask them to turn their camera off as this can free up some bandwidth and make the audio clearer. You could also turn off HD (high definition) video as it uses more bandwidth than standard definition.
- Virtual attendance at a maintained school must be agreed by the whole governing body. The law says that the board may approve virtual attendance so there is no automatic right to attend using technology. If the board says no, it is not permitted. Trustees and local governors have the right to virtual attendance if it is permitted by your articles of association and academy trust.
- You may wish to approve a policy on virtual attendance but there is no requirement to do so. Your policy could cover issues such as what happens if the technology breaks down and how governors are going to vote, for example by a show of hands.
- Governors can vote virtually and therefore they will contribute to the quorum. For maintained schools this is clear in the law and also in the DfE departmental advice on the 2013 regulations, which says: “Members of the board and its committees must be present in a meeting to vote, but they may be present ‘virtually’, for example by telephone or video conference.”
For academies it is clear in the model articles (June 2021) that trustees attending virtually form part of the quorum. The academy trust decides whether committee members and local governors in attendance virtually also form part of the quorum. - Law for maintained schools suggests phoning in or using video conferencing but also states that schools are not limited to these two options. I’m struggling to think of another technology that you could use, but I suppose one could be invented in the future…
Virtual Attendance In Academies
Academy model articles of association (June 2021) allow for virtual participation of trustees at meetings by phone or “any suitable electronic means”. Whether local governors and committee members can attend virtually will be decided by your own academy trust.
“Any trustee shall be able to participate in meetings of the trustees by telephone or by any suitable electronic means agreed by the trustees and by which all those participating in the meeting are able to communicate with all other participants.
“A person so participating by telephone or other communication shall be deemed to be present in person at the meeting and shall be counted in a quorum and entitled to vote.”
Model Articles of Association (June 2021)