Can the board stop an unsuitable parent governor being elected?

In almost all schools the answer is no.

If someone is eligible to stand in your parent governor election and is either elected unopposed or wins the ballot they are officially your new parent governor, trustee or local governor.

The only exception is in Catholic academies that use the Catholic model articles of association.

That’s because the Catholic model articles allow a Catholic trust board to reject an elected parent trustee (or a Catholic local governing body to reject a parent local governor).

In all other schools elected parent governors, trustees and local governors are chosen by the other parents and the board has no veto power.

The board cannot stop a parent either standing for election or being voted in by their fellow parents. They must accept the choice of the electorate.

Elected Parents Versus Appointed Parents

Remember that there is a difference between elected parent governors and appointed parent governors.

In both maintained schools and academies there is a provision that allows boards to appoint parent governors/trustees if not enough parents stand for election. In that situation the board can reject a candidate they feel is unsuitable.

But boards only have the chance to appoint parents themselves if the election has not provided enough candidates to fill the vacancies.

So in effect, parents always have first choice of candidates. The board only gets involved if vacancies remain after the election process.

Can we tell parents we are looking for certain skills?

Governing boards can ask for parent governor candidates who have certain skills. However, they can’t insist that candidates must have those skills.

For example, you could write in your advert that HR skills are desirable. You could not write that applications will be rejected if parents do not have these skills. It’s up to the parent electorate to decide what skills they think are important.

How can we minimise the chance of an unsuitable candidate being elected?

To avoid a poor parent governor being elected you should:

  • tell all parents they can stand for election
  • describe the role clearly – the board is not a parent forum or a channel for complaints and parent governors do not fight against the headteacher for whatever parents demand
  • include contact details for the chair so candidates can learn more before volunteering
  • tell candidates that all governors sign a code of conduct
  • include the Nolan principles of public life in your code of conduct.

“It is advised that every effort be made to avoid potential difficulties later by informing prospective election candidates, or appointees, of the nature of the role.

“It is advised that their agreement is secured to a clear set of expectations for behaviour and conduct – as set out in a code of conduct.

“A code of conduct is expected to detail (within the parameters of relevant regulations and this guidance) the circumstances in which the governing body may suspend or remove a governor.”

The Constitution of Governing Bodies of Maintained Schools

Bear in mind that someone you think is “unsuitable” could in fact become an excellent governor. If a parent is a strong character who will robustly challenge the headteacher, point out the weaknesses of the governing body and drive improvements through their assertive personality that could be positive for the school.

It may be less comfortable for senior leaders and the board as a whole, but strong challenge in itself is not undesirable and is sometimes exactly what is needed. The governor should of course offer that challenge politely, treat everyone with respect and stay within the remit of the governing board.

What can we do if a parent governor behaves poorly once elected?

In the first instance the chair should have an informal chat to explain what needs to change and ensure the governor realises that there is an issue.

If there are no improvements the chair can explain how the behaviour is breaking your code of conduct and emphasise that all governors/trustees have agreed to follow the code.

They should clearly explain the behaviour they would prefer to see and offer training that will help the governor understand their role.

If the poor behaviour persists then in both maintained schools and academies a vote can be held to remove the governor from the board. Removing an elected governor is a serious step so this should be considered only as a last resort.

Removal might be considered if a governor is being needlessly and consistently argumentative, trying to interfere with operational matters, trying to micro-manage the head, behaving rudely or inappropriately or only acting in the interests of their own child.

In maintained schools and some academies a vote can be held to suspend the governor for a short period instead of removing them completely. This would make it clear to the parent governor that their behaviour needs to change without removing them from the board permanently.