In maintained schools governors cannot vote by proxy. They must be present at a meeting to vote, but they can be “present” virtually via phone or video link.
In academy trusts the trustees cannot vote by proxy according to the model articles of association. Trustees must be present at a meeting to vote, although they can be present virtually or by phone.
However, academy members can vote by proxy. The rules for local governors in a multi-academy trust will be set by your own trust.
Proxy Voting Banned In Maintained Schools
The DfE has explained the ban on proxy voting for maintained schools. They say it’s important for governors to hear the debate and engage in the discussion before casting a vote.
“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.
“The requirement to be present at the meeting means that proxy voting or voting in advance of a meeting is not permitted. It is important that governors are present to hear and engage in the debate before casting their vote.”
Departmental Advice on Roles, Procedures and Allowances 2013 Regulations
Proxy Voting Banned For Academy Trustees
In academies the model articles of association (June 2021) refer to trustees who are “present and voting on the question”. This means they must participate in the meeting in real time to vote.
If a trustee cannot attend in person they can be “present” and vote via a phone or video link, but they cannot vote by proxy.
“Every question to be decided at a meeting of the trustees shall be determined by a majority of the votes of the trustees present and voting on the question.
“Any trustee shall be able to participate in meetings of the trustees by telephone or by any suitable electronic means agreed by the trustees.”
Model Articles of Association (June 2021)
Proxy Voting Permitted For Academy Members
The model articles of association allow academy members to vote by proxy. So an academy member can send in a vote via another person.
The rules for proxy votes are explained in the model articles, including the wording that must be used. Check your own articles for details.
“Proceedings at general meetings: A quorum is a majority of members present in person or by proxy.”
Model Articles of Association (June 2021)