Yes. In almost all circumstances the chair of governors is elected by the governing body and can be removed by the governing body at any time in both maintained schools and academies. Vice-chairs can also be removed.
The only chairs that cannot be removed by their fellow governors are those appointed by the Secretary of State for Education in maintained schools.
However, this only applies to schools that are in special measures or have been judged to need “significant improvements”. Governing bodies in these circumstances are known as interim executive boards (IEBs).
Procedure For Removing the Chair of Governors (Maintained Schools)
The procedure for maintained schools comes from the School Governance Roles, Procedures and Allowances (England) Regulations 2013. Both the chair and the vice-chair can be removed using this procedure.
Removing a chair of governors is a significant decision to make and boards should think very carefully before doing so as they may have to defend their decision to worried parents, OFSTED or the local authority.
- Specify the proposal to remove the chair of governors as an item on the agenda for a full governing body meeting.
- Make sure this agenda is sent to governors at least seven clear days before the meeting.
- At the meeting, the governor who is proposing the removal of the chair must say why they think this is necessary.
- The chair must be given a chance to respond and then must leave the room.
- The question is decided by the remaining governors via a simple majority vote. There are no restrictions on how this vote is held but you may wish to use a ballot to ensure that governors feel able to vote freely. The clerk can count the votes and announce the result. As with all votes you must be quorate for the decision to be valid.
“The governing body may by resolution remove the chair from office, unless the chair has been nominated by the Secretary of State pursuant to section 67 of the EIA 2006.
“The governor proposing the chair or the vice-chair’s removal must at that meeting state their reasons for doing so and the chair or vice-chair, as the case may be, must be given an opportunity to make a statement in response, before withdrawing from the meeting.”
Roles, Procedures and Allowances (England) Regulations 2013
Procedure For Removing the Chair of Governors (Academies)
The procedure outlined in model articles of association (June 2021) is very similar to the one described above, but note that academy trustees must vote twice to remove their chair or vice-chair at two meetings held not less than 14 days apart.
“The trustees may remove the chair or vice-chair from office. A resolution to remove the chair or vice-chair from office which is passed at a meeting of the trustees shall not have effect unless:
a. it is confirmed by a resolution passed at a second meeting of the trustees held not less than fourteen days after the first meeting; and
b. the matter of the chair’s or vice-chair’s removal from office is specified as an item of business on the agenda for each of those meetings.
“Before the trustees resolve at the relevant meeting on whether to confirm the resolution to remove the chair or vice-chair from office, the trustee or trustees proposing their removal shall at that meeting state their reasons for doing so and the chair or vice-chair shall be given an opportunity to make a statement in response.”
Model Articles of Association (June 2021)