Governor Visits To School

Governors should regularly go into school to conduct monitoring visits. These visits let governors check that what they are told in meetings is really happening in practice.

A common criticism in OFSTED reports is that governors have relied too much on information they hear in meetings without actually verifying it is true by seeing it for themselves.

“Governors should not just rely on information provided by the headteacher. Rather, they should…use visits to verify what they are told.”

DfE Departmental Advice on Roles, Procedures and Allowances Regulations

What should governors monitor during visits?

Below you can see what the DfE Maintained Schools Governance Guide says about the purpose of school visits. The same principles apply to academies, although academy governors/trustees need to check their scheme of delegation to see what issues they are responsible for monitoring.

“Occasional visits to schools enable governors to fulfil their statutory responsibility for the conduct of the school, see whether the school is implementing their policies and improvement plans [and] see how their policies and improvement plans are working in practice.

“Focused governor monitoring visits should be in line with SIP priorities, for an identified purpose, linked to the governing body’s responsibilities, such as safeguarding [and] pre-arranged with the headteacher or executive headteacher.

“It is not the governing body’s role to assess teaching and learning or to interfere in the day-to-day running of the school.”

Maintained Schools Governance Guide

In practice, governors visiting school should:

  • focus on the key priorities of the board
  • check that action points from the school improvement plan (SIP) or school development plan (SDP) are being tackled
  • check that statutory duties are being fulfilled, for example that safeguarding records are kept and concerns acted on promptly
  • investigate how policies are being implemented – for example, whether a new behaviour policy has been put into practice and what impact it has had
  • see how money has been spent and whether resources are being used effectively
  • talk to staff and pupils to get feedback and build relationships.

Visits will usually focus on the volunteer’s link governor role and/or the school improvement plan (SIP) (also known as the school development plan). This plan describes the current weaknesses of the school and the actions that employees and governors will take to address them.

For example, the link governor for maths might speak to the maths subject leader about their action plan to improve maths results and ask questions on the impact of that strategy.

Or the link governor for SEND could speak to the special needs co-ordinator and ask how they are addressing the SIP key priority of improving results for SEND children. They could ask for evidence that progress is being made towards that goal and investigate what barriers might make things difficult.

What do visits never cover?

Governors do not judge the quality of lessons or conduct lesson observations.

Governors can sometimes go into classrooms but they are not OFSTED inspectors. Even when governors happen to be teachers by profession their governor role does not involve judging the quality of teaching.

Governors should not try to decide whether individual children are making progress. The board needs to focus on groups of children and the bigger picture.

They should also avoid getting involved in operational matters, for example questioning why one child has been given a particular reading book or whether a lesson plan is suitable for that class.

The headteacher is the education expert. Governors hold the head to account but they cannot overrule the head on the day-to-day management of the school.

Do we need a governor visits policy?

It is not a statutory requirement to have a governor visits policy in either maintained schools or academies, because a visits policy is not listed in the DfE Governance Guides.

However, it is a good idea to at least agree some ground rules so that both staff and governors understand the purpose of visits.

Some schools call this a visits “protocol” rather than visits policy, while other schools might cover visits under their code of conduct. (The free NGA code of conduct briefly covers school visits.)

I’ve provided an example governor visits protocol on my templates and letters page. It covers issues such as how to arrange the visit beforehand, what to do if a teacher says it is not a convenient time and how often governors are expected to visit.

Can governors visit school whenever they wish?

No. Visits should be pre-arranged with the headteacher or the staff members the governor needs to speak to.

Governors should not just turn up with no notice. Staff have other commitments and pupils’ work may be disrupted. It is rather rude to pop into school unexpectedly and expect staff to drop whatever they are doing to accommodate you!

“Individual governors do not have an automatic right to enter the school whenever they wish.”

Maintained Schools Governance Guide

Should questions be sent in advance?

They can be, although I think most governors ask questions on the day. You could send some questions in advance if the employee prefers that, but try not to create unnecessary work for staff.

If you send in 20 questions or ask for very detailed answers the staff member may spend hours providing a written reply, which could be time better spent elsewhere.

How often should governors visit school?

This will vary according to factors such as the size of your governing body. In general it might be reasonable for governors to visit school perhaps once or twice per term.

Just for completeness I’ll mention that the clerk does not attend any governor visits or carry out visits themselves.

Can all governors visit on the same day?

They can if it’s agreed with relevant staff. Some schools hold a “governors’ day in school” (or a governors’ morning/afternoon) where all governors are invited to attend at once.

The advantage of a governors’ day is that people can discuss issues and swap ideas, so it can be particularly helpful for new governors. It can also allow governors to see several different aspects of school on the same day and gain a more rounded view of school life.

The disadvantage is it can take up a lot of staff time and be tricky for the headteacher to arrange. A governors’ day cannot replace all individual governor visits because you cannot cover all possible areas on just one day.

Can staff governors conduct monitoring visits?

They can, but should not be assigned visits that overlap with their job. This is often explained as governors not being allowed to “mark their own homework”.

For example, a staff governor who is in charge of maths must not conduct visits focused on maths, because they will be monitoring work that they have done in the first place!

However, if for example the staff governor is your IT Technician they should be able to conduct monitoring visits on maths with no problems. In a similar vein a staff governor who is a geography teacher could conduct health and safety visits.

Common Pitfalls of School Visits

It can be tricky to get governor visits right. Here are some common mistakes that governors make during school visits.

  • Getting involved in operational, day-to-day matters, such as parking problems or the state of carpets in a classroom. I remember one governor visit where the main topic of discussion was a cupboard shelf!
  • Trying to judge how good lessons are or decide how much progress children have made in their work books. Even if governors are trained educators they should not be making these judgements.
  • Listening to all complaints staff may have, even if they are not matters for governors. Some feedback from staff needs to be gently redirected to their line manager.
  • Making promises on behalf of the governing body such as “I will fix that for you”. Governor decisions are made by majority vote and other governors may not agree with you – or the governing body may have no power to make the desired change at all.
  • Forgetting how scary a governor visit can be for staff! This is especially true for inexperienced staff who may see governors as all-powerful or as inspectors. Visits should offer challenge to staff if necessary, but they should not intimidate employees.
  • Being too eager to challenge and forgetting that governors are also there to offer support. Supportive questions can be as valuable as challenging ones. What could you do differently if you had more funding? What do you feel is holding the team back from improving further and how can we help? Is there any training we could provide for you?
  • Not following up actions or areas of concern from previous visits. It can be useful to add actions to the action list in your minutes so they are not forgotten.

Governor Visit Form

On my templates and letters page you can download a governor visit proforma so that governors can write a report of their visits. The report needs to include:

  • name of the governor
  • date of visit
  • the focus of the visit, eg: “To discuss safeguarding procedures with the designated safeguarding lead”
  • a summary of the discussions or activities that took place
  • any questions or observations that need to be discussed at a governors’ meeting
  • next steps or actions points, eg: “Safeguarding link governor to check the training log again in three months.”

Remember that all governor minutes and papers are public unless the board marks them as confidential and even confidential papers can be requested under subject access or freedom of information requests.

Therefore you should not include names of any children in your visit reports. Staff can be named but keep reports professional and be sensitive if you are criticising staff in any way.

Reporting Visits Back to the Board

Each visit should be reported back to the governing body or the relevant committee. The clerk can distribute written visit reports with the meeting papers and the governor can summarise their findings at the meeting and ask for questions. Follow-up actions should be recorded in the minutes.

Does the SFVS need full board approval?

Yes. The Schools Financial Value Standard (SFVS) must be completed each year by maintained school governing bodies. (Academies do not have to complete it.)

The SFVS is a checklist that helps boards check they are following good financial practices and managing resources effectively.

It must be approved by the full governing body.

Doesn’t the SFVS document say it can be approved by a committee?

No, not in the sense of a normal governor committee with delegated power.

The first page of the SFVS document asks schools to record the date it was approved by either the full governing body or the “management committee”.

“Date SFVS agreed by full governing body/management committee.”

Schools Financial Value Standard

A “management committee” is not a standard governor committee with delegated power, for example a finance committee or an educational standards committee.

A management committee is the equivalent of the full governing body in a pupil referral unit (PRU). If you look at documents like Keeping Children Safe in Education they refer to governing bodies and “management committees” when they talk about the full board of maintained schools.

Therefore, in all maintained schools the SFVS needs approving by the full board. It cannot be delegated.

Who should complete the SFVS?

It is up to each board to decide who actually fills out the SFVS form before the full board approve it.

In the schools I have worked for either the chair or finance link governor might come into school to complete the form with the help of the school business manager.

Alternatively, governors who sit on the finance or resources committee have completed the form together before scrutinising it carefully at their committee meeting and recommending approval to the full board.

Questions on the SFVS remain similar from year to year so it’s helpful to check the answers to last year’s SFVS before completing the new one.

What is the deadline for submitting the SFVS?

It is usually 31 March each year, but check the DfE website to be sure. Your LA may set a slightly earlier deadline which your school business manager (or equivalent finance officer) should know.

Does the SFVS need to be signed?

Yes. The first page of the SFVS asks for a signature from the chair of the governing body (or the chair of the management committee in a PRU) to confirm the full board have approved the document.

Interim Executive Boards

An interim executive board (IEB) replaces a school governing body when the school is experiencing serious problems and needs to improve quickly.

The IEB takes on all the normal responsibilities of governors but must also specifically tackle the weaknesses. IEB members need to be suitably skilled and will often have considerable experience as school governors.

The IEB’s function is to provide interim expertise and high-quality governance to support future improvement in the maintained school and this should include the promotion of high standards of educational achievement.”

Schools Causing Concern

In maintained schools members of the IEB are appointed by either the local authority or the Secretary of State for Education via a Regional Director (RD). (Regional Directors used to be called Regional Schools Commissioners or RSCs.)

In academy trusts an IEB cannot be installed to replace the board of trustees.

However, in multi-academy trusts the trust board can decide to replace a local governing body (LGB) with an IEB. It could also use an IEB to run the local governing body of a school that is joining the trust and has no existing local governance in place.

The majority of information on this page covers IEBs in maintained schools, but I also cover academy IEBs at the end.

When can an interim executive board replace the governing body?

An IEB can replace the governing body of a maintained school if the school becomes what is known as eligible for intervention.

If at any time a maintained school is eligible for intervention the Secretary of State may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).”

Education and Inspections Act 2006 (Section 69)

If at any time a maintained school is eligible for intervention, the local authority may, with the consent of the Secretary of State, give the governing body a notice in writing stating that, as from a date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).”

Education and Inspections Act 2006 (Section 65)

The term eligible for intervention comes from part 4 of the Education and Inspections Act 2006. It is explained further in the DfE guidance on Schools Causing Concern.

A maintained school can become eligible for intervention in the following three ways.

1. The School Fails To Comply With A Warning Notice

A warning notice is an official warning to a school saying that it must improve in a certain way. These notices are issued by either the LA or the Regional Director.

A warning notice can be issued because:

  • the school’s educational results are poor
  • there has been a breakdown in leadership or governance
  • there is a serious safety concern
  • the governing body have not complied with an order relating to teachers’ pay and conditions.

2. The School Is Rated Inadequate By OFSTED

Schools can be rated Inadequate in an OFSTED inspection for a range of reasons, including safeguarding failures, a very poor standard of education or significant behaviour concerns.

All maintained schools rated Inadequate by OFSTED must be issued with an academy order which requires them to become an academy.

However, an IEB could be put in place until the conversion to an academy is complete or the school joins an existing academy trust.

3. The School is Not Making Necessary Improvements

A school is deemed to be not making necessary improvements if it has been rated as Requires Improvement (RI) or Inadequate by OFSTED in its two most recent section 5 inspections.

Where does the legal power to install an IEB come from?

The law on IEBs comes from Part 4 of the Education and Inspections Act 2006.

Section 65 of this law gives the LA the power to install an IEB in a maintained school if that school is eligible for intervention.

Section 69 gives the same power to the Secretary of State for Education. In practice the Regional Director wields this power on their behalf.

What governance failings could lead to an IEB?

DfE statutory guidance lists examples of poor governance that could lead to schools receiving a warning notice. If governors do not comply with that warning notice they are in danger of being replaced by an IEB.

Possible governance failings include overspending, many governors leaving, significantly changing the number or type of governors on the board with no reasonable motive, interfering with the everyday running of the school, failing to examine key data or failing to manage risks.

“Evidence that governors may be failing to deliver on one or more of these strategic roles could include, but is not restricted to:

– evidence of poor financial management and oversight, such as consistent overspending of the school’s budget beyond agreed thresholds

– high governor turnover

– a significant, unexplained change to their constitution

– the governing body having an excessive involvement in the day to day running of the school

– lack of appropriate engagement with data. This might include, but is not limited to, data on pupil learning and progress, or staff recruitment; and/or

– not sufficiently managing risks associated with strategic priorities and school improvement plans.”

Schools Causing Concern

Can a governing body refuse to be replaced by an IEB?

No. The purpose of the interim executive board is to turn around a school that is struggling. Existing governors cannot just decide to stay on as they may be partly or largely at fault.

However, statutory guidance says that before an IEB is established the LA or RD must consult the existing governors.

They must also consult the diocese in a Church of England or Catholic school and whoever appoints the foundation governors in any other type of foundation or voluntary school.

“Prior to requiring the governing body to enter into arrangements, the relevant body must consult the governing body of the school, the appropriate diocesan authority (in the case of a Church of England or Roman Catholic school) and in the case of any other foundation or voluntary school, the person or persons by whom foundation governors are appointed.”

Schools Causing Concern

The guidance says that a typical consultation timescale is 10 days.

Guidance for LAs who wish to install an IEB describes good practice for the consultation process. The guidance advises that someone from the LA should attend a meeting of the full governing body “at an early stage” to explain why they think an IEB is necessary and offer governors a chance to give their views.

“Discussions, where possible, should seek to include all governors. Local authorities should be cautious in assuming that the views of one governor (eg: the chair of governors) are automatically the views of all governors.

It is good practice to offer a meeting with the full governing body at an early stage so that the local authority can set out its reasons for the application and invite the governing body to respond.”

Interim Executive Board: Application Form Guide

When asking for permission from the Secretary of State to set up the IEB the LA need to submit the views of the current governing body with their application form. They must also include a list of proposed IEB members.

Who sits on interim executive boards?

Schedule 6 of the Education and Inspections Act 2006 explains how an IEB is formed.

IEBs do not follow the usual School Governance Constitution Regulations that apply to maintained school governing bodies and dictate how many governors of each type you must have.

“During the interim period, the requirements concerning the
governing body’s constitution set out in the School Governance (Constitution) (England) Regulations 2012 do not apply.”

Schools Causing Concern: Guidance For Local Authorities and RSCs

This means that IEBs do not have the standard format of maintained school boards: one staff governor, one LA governor and so on. All IEB members are simply called interim executive members.

On a date specified by the LA or Secretary of State the existing governors are removed and replaced by the interim executive members.

The law contains a broad clause that says the IEB “may determine their own procedure”, so interim executive members can make decisions on procedural issues such as how often to hold meetings.

Are IEB members paid?

They can be, unlike governors on normal governing bodies who are unpaid and may claim expenses only. Whether IEB members receive payment will be up to the LA or RD that establishes the IEB.

How many people form the IEB?

There must be a minimum of two people on the IEB. There is no maximum number, but IEBs tend to be smaller than a normal governing body.

“The number of interim executive members must not be less than two. The appropriate authority may appoint further interim executive members at any time during the interim period.”

Education and Inspections Act 2006 (Schedule 6)

Statutory guidance says the IEB should be a “focused group” and normally include people with finance skills and experience of improving schools.

“Members of an IEB should be chosen on a case-by-case basis, depending on the needs of the school, but should normally include individuals with financial skills and experience of transformational educational improvement.”

Schools Causing Concern: Guidance For Local Authorities and RSCs

As an example, Birmingham LA explain in their IEB role description document that they usually have five people on their interim executive boards.

A memo attached to the law on moving back to a standard governing body when the IEB ends says that IEBs are usually small and three to six IEB members is typical.

“An IEB may be a small body, typically consisting of between
three and six members
.”

Explanatory Memo to the School Governance (Transition from an Interim Executive Board) (England) Regulations 2010

Can existing governors be appointed to the IEB?

Yes, but the DfE recommend against this. However, the law does allow current governors to remain at the school to serve on the interim executive board.

“On the date specified in the notice under section 65(1) or 69(1), the existing governors vacate office. Sub-paragraph (1) does not prevent the appointment of an existing governor as an interim executive member.

Education and Inspections Act 2006 (Schedule 6)

Statutory guidance says that in “most cases” the existing governors will be replaced by new IEB members, so a completely new board will be formed. This makes sense because the point of the IEB is to replace a weak governing body or a board that has overseen a failing school.

“Although it is not prohibited by law, in most cases we would not expect existing governors who are vacating office to be nominated as IEB members.”

Schools Causing Concern: Guidance For Local Authorities and RSCs

Although most governors will be replaced the guidance specifically allows existing governors to help and support the IEB.

“The IEB may however arrange for the discharge of their functions by other people as they see fit. In this way, the IEB could continue to benefit from the experience of existing governors and help engage future governors.”

Schools Causing Concern: Guidance For Local Authorities and RSCs

Can IEB members be removed?

Yes, they can be removed by the LA or RD, depending on who they were appointed by. They cannot be removed by their fellow IEB members. The law says that IEB members can be removed for “incapacity” or “misbehaviour”.

“An interim executive member—

(a) holds office in accordance with the terms of his appointment and subject to paragraph 18, and

(b) may at any time be removed from office by the appropriate authority for incapacity or misbehaviour.

“The terms of appointment of an interim executive member may provide for his appointment to be terminable by the appropriate authority by notice.”

Education and Inspections Act 2006 (Schedule 6)

Who chairs the IEB?

Either the LA or the Regional Director (depending on who installed the IEB) can nominate one of the IEB members to serve as chair.

“The appropriate authority may nominate one of the interim executive members to be chairman of the interim executive board.”

Education and Inspections Act 2006 (Schedule 6)

How long is the IEB in place?

There is no set timescale in the law, but a memo attached to the law says an IEB is usually in place for between one to two years.

“IEBs normally operate for between 12 to 24 months.”

Explanatory Memo to the School Governance (Transition from an Interim Executive Board) (England) Regulations 2010

Birmingham LA says they usually run IEBs for between one and two years.

“Members of the IEB hold office for the period that the IEB is in existence, which is typically between twelve months and twenty four months.”

IEB Role Description (Birmingham LA)

How does an IEB end?

The process for transferring from an IEB into a normal governing body is described in this law. This is know as the transition process.

During the transition the LA have the power to either set up a shadow governing body or set up a normal governing body.

“A local authority can determine whether the circumstances of an individual case make it appropriate to appoint a shadow governing body as part of a school’s transition back to normally-constituted governance, or to move straight to establishing a normally-constituted governing body more swiftly if the circumstances allow.”

Explanatory Memo to the School Governance (Transition from an Interim Executive Board) (England) Regulations 2010

What is a shadow governing body?

A shadow governing body works alongside the IEB for a minimum of six months, learning how to govern the school from the experienced IEB members. They “shadow” the IEB, in other words.

At the end of the minimum six months the shadow governing body becomes the normal governing body of the school and the IEB members step down.

If the LA decide not to use a shadow governing body then the IEB will be replaced by a normal governing body.

IEBs in Academies

The Education and Inspections Act 2006 does not apply to academies, so neither the local authority nor the Secretary of State for Education have the power to install an IEB to replace the academy trust board or a local governing body.

However, the Secretary of State does have the power to terminate an academy funding agreement and force an academy to join a different academy trust. This process is known as “transferring” the academy.

If an academy is causing concern then other possible actions the government can take are described in statutory guidance. They include issuing a warning notice or issuing a financial notice to improve (FNTI).

In a multi-academy trust the trust board has the power to replace local governing bodies with IEBs, because all local governing bodies are committees of the trust board. They may replace a local governing body if it is failing or if a new academy is joining the trust and does not already have local governance in place.

In academy trusts the composition and terms of reference of the IEB are decided by the academy trust board.

Can governors use WhatsApp?

Yes, but it should only be used to share basic factual information like reminders about meeting dates or seeing who can attend upcoming training. An app like this should never be used to make decisions or discuss governor business.

Some clerks set up an admin-only WhatsApp group. Only the group admin can send messages, so the clerk can contact governors quickly without the danger that everyone starts discussing topics that should be raised at meetings.

Alternatively, a standard WhatsApp group allows all group members to send messages. This could allow governors to, for example, send apologies and ask where to find documents, but governors must understand the group cannot be used for discussions.

Why use WhatsApp instead of email or GovernorHub?

Many schools prefer their governors to use school email addresses rather than a personal email address. This is because they worry about GDPR and freedom of information or subject access requests.

Using a school email address avoids these possible problems but it also creates a new problem, because governors now have yet another email account to check when most people have at least one or two already.

GovernorHub offers an alternative to using school emails, but if your school does not pay for a subscription you won’t have access to GovernorHub.

What could WhatsApp be used for?

The governing body or clerk could use a WhatsApp group to:

  • check which governors are available to attend short notice extraordinary meetings or panels (eg: exclusions or complaints panels)
  • give apologies for absence or lateness
  • ask governors to log in to their school email accounts – this sounds daft but it can be an effective way to flag urgent emails without using personal email accounts or expecting governors to check their school email account every day
  • help people log into virtual meetings
  • check how many governors are coming to a meeting to ensure you will be quorate
  • cancel meetings at the last minute
  • send reminders of training dates or governor visits
  • share an emergency message saying OFSTED are coming.

Remember that governors are volunteers and must be allowed to mute notifications for periods of time. No-one should expect instant replies or anything close to that and WhatsApp must not be the only way information is shared as not everyone has a smartphone or will wish to use the app.

Consider not adding school employees to the group, as governors who are also school employees will likely check work emails much more frequently than others and probably won’t need the extra alerts.

Make sure the group is named appropriately, so something like “Governor Reminders” rather than “Governor Discussions”. Add a note to say how the group should be used.

You should also make sure it does not cause extra unpaid work for the clerk, as most clerks are paid for a very limited number of hours and any extra communication can eat into that time.

What should WhatsApp not be used for?

Boards and clerks should not use WhatsApp to:

  • make decisions
  • discuss any governor business – anything that would usually be discussed in a meeting must still be discussed in that meeting
  • share confidential information or data
  • bombard people with messages or constant requests for action.

If governors do start slipping into discussions or trying to make decisions on WhatsApp the clerk or chair should step in to point out the many pitfalls of this.

Pitfalls include the lack of a quorum, the lack of minutes, the lack of recorded actions and assigned responsibilities, the possibility of a freedom of information or subject access request and the fact that any governor who doesn’t happen to read those messages will be unfairly excluded from the discussions.

Do freedom of information requests really apply to personal accounts?

Yes. If you think about it this makes sense because otherwise organisations could hide all kinds of nefarious doings just by using a personal email address or WhatsApp group on their personal smartphone.

Section 84 of The Freedom of Information Act defines what is meant by “information”. The definition is “information recorded in any form“, so there is no difference between an email a governor sends from a school email account or from a personal Gmail or Yahoo account.

The Information Commissioner’s Office specifically say that a WhatsApp group or private email account could contain information that might be requested under FOI law.

“This means that official information held on a public authority’s behalf could be contained in a number of non-corporate channels or locations, including:

  • in private email accounts, eg: Gmail, ProtonMail or Yahoo Mail
  • in private messaging accounts, eg: WhatsApp, Signal or Telegram
  • direct messages sent on apps such as Twitter or via Facebook messenger
  • on private mobile devices, including text messages on mobile phones and voice recordings.”
ICO Guidance on Official Information Held in Non-Corporate Communications Channels

What are the Nolan principles?

The Nolan principles are seven rules that describe how people in public office should behave and the ethical standards they should uphold. They apply to all school governors because they apply to anyone elected or appointed to public office.

They are named after Lord Nolan who chaired a committee in 1995 which examined standards in public office.

A school may ask new governors to sign a form to say they will follow these seven principles, usually by incorporating them into the code of conduct.

Seven Principles of Public Life

The seven principles set out by the Nolan committee are shown below. They can also be seen on the gov.uk website here

All rules stem from the fact that “all public office-holders are both servants of the public and stewards of public resources”. In other words, they are working on behalf of the public and spending public money.

1. Selflessness

Holders of public office should act solely in terms of the public interest.

2. Integrity

Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work.

They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

3. Objectivity

Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

4. Accountability

Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

5. Openness

Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

6. Honesty

Holders of public office should be truthful.

7. Leadership

Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.

Are the seven principles statutory in maintained schools?

Statutory guidance for maintained schools says that boards are advised to ask governors to agree to the Nolan principles, but it does not say schools must ask governors to agree to them.

“It is advised that governing bodies make everyone involved in governance aware of, and secure their agreement to ‘The 7 principles of public life’, as set out by Lord Nolan.”

The Constitution of Governing Bodies of Maintained Schools: Statutory Guidance

However, be aware that although the Nolan principles themselves do not appear in the law and are not mandated by statutory guidance, many of the principles are reflected in legislation, so governors will have to follow them whether they specifically sign up to them or not.

For example, the Freedom of Information Act 2000 requires schools to release recorded information unless an exemption applies, so that reflects principle 5.

Law for maintained schools also says governors must act with “integrity, objectivity and honesty”, act in the best interests of the school and be open about decisions they make, reflecting many of the seven principles.

“In exercising their functions the governing body shall—

(a) act with integrity, objectivity and honesty and in the best interests of the school; and

(b) be open about the decisions they make and the actions they take and in particular shall be prepared to explain their decisions and actions to interested parties.”

Roles, Procedures and Allowances (England) Regulations 2013

The law also requires governors to withdraw from a vote if they have a conflict of interest so they do not gain personally from the decisions they take at school.

Are the seven principles statutory in academies?

The Academy Trust Handbook includes adherence to the seven principles of public life in its “schedule of requirements”, the list of “musts” that trusts must follow.

“Part 8: Schedule of requirements (the ‘musts’)

– Adhere to The 7 principles of public life.”

Academy Trust Handbook

The Academy Trust Handbook explains that all trusts must comply with the “musts” in the Handbook or they risk breaching their funding agreement.

“Academy trusts must comply with this handbook as a condition of their funding agreement.”

Academy Trust Handbook

There is also a specific mention of the Nolan principles in the section of the Handbook that covers conflicts of interest. Academy trustees must avoid conflicts of interest and promote “integrity and openness in accordance with the seven principles of public life”.

“The board of trustees must ensure requirements for managing related party transactions are applied across the trust. The board chair and the accounting officer must ensure their capacity to control and influence does not conflict with these requirements.

“They must manage personal relationships with related parties to
avoid both real and perceived conflicts of interest, promoting integrity and openness in accordance with the 7 principles of public life.”

Academy Trust Handbook

Nolan Principles In Codes of Conduct

The most common way to ask governors to agree to the Nolan principles is by including them in a code of conduct. Codes of conduct are not mandatory for school governors, but the Nolan committee stated that “all public bodies should draw up codes of conduct incorporating these principles”.

If you use the National Governance Association (NGA) code of conduct (available here) the Nolan principles are incorporated into the text, so any governor who signs the code of conduct has agreed to abide by the seven principles.

What happens if a governor breaches the principles?

The NGA code of conduct explains that a breach of the code could lead to “formal sanctions” – in other words, the board could consider suspending or removing the governor from their post.

This is also reflected in statutory guidance for maintained schools, which says that a sufficiently serious breach of the Nolan principles could be seen as “serious misconduct” and the board could consider removing that governor as a result.

“Examples which could give rise to removal are where:

(a) there have been repeated grounds for suspension;

(b) there has been serious misconduct. Governing bodies should decide what constitutes serious misconduct based on the facts of the case. However, it is expected that any actions that compromise the Nolan principles, if sufficiently serious, would be considered in scope of this reason for removal.”

The Constitution of Governing Bodies of Maintained Schools: Statutory Guidance

Co-opted Governor Advert

You are welcome to use the following text as your advert for a co-opted governor or trustee in a school or academy. It can also be adapted to advertise for other types of governor.

For maintained schools I have shown how to adapt the eligibility criteria for all the different governor types just by adding in a paragraph, so you can search for a staff, parent, local authority, partnership or foundation governor. (You would also need to change the references to “co-opted” governor of course.) You may also wish to edit the skills I have listed to fit your own requirements.

If you are looking for a foundation or partnership governor for a religious school you may wish to add a paragraph explaining that you need someone who can help to preserve and develop the religious character of the school.

For academies you will need to check your articles of association/terms of reference to see what the eligibility criteria are for the different types of trustee.

Advert For A Co-opted Governor

At Malory Towers School we are looking for a co-opted governor to join our governing body. As a governor you will be a volunteer who makes a vital contribution to the success of the school.

School governors have three main roles.

  1. Governors ensure clarity of vision, ethos and strategic direction.
    The governing body helps to set long-terms plans for the school, decide where improvements need to be made and how to make them.
  2. Governors hold the headteacher to account for the educational performance of the school and the effective and efficient performance management of staff.
    The governing body looks at the quality of education being offered and ensures the head is doing everything possible to improve results.
  3. Governors oversee the financial performance of the school and make sure its money is well spent.
    Governors examine budgets and spending proposals to monitor whether the school is getting value for money and ensure the money is spent in the right areas.

This role may be particularly of interest if you have skills in finance/accounting, human resources, data or education but we invite applications from anyone who is interested in helping the school be the best it can be. Full training is available and governors are encouraged to attend regular training sessions, either in person or online.

We are looking for someone who can attend approximately six full governing body meetings per year and around six committee meetings per year. Meetings are held in school, usually on Wednesday evenings from around 6pm to 8pm. Governors also spend time in school during the day (around two visits per term).

You must be 18 or over to apply and all governors must have Disclosure and Barring Service (DBS) checks. If you would like to find out more please email clerk@malorytowers.com for an application form.

[Add this text for a staff governor vacancy: To be eligible for this role you must have a contract to work at Malory Towers School.]

[Add this text for a parent governor vacancy: To be eligible for this role you must be the parent of a child at Malory Towers School or be caring for/have cared for a child at the school. You cannot be an elected member of the local authority. If you work for the school this must be for a maximum of 500 hours per year.]

[Add this text for a local authority governor vacancy: To be eligible for this role you must not work for Malory Towers School.]

[Add this text for a partnership governor vacancy: To be eligible for this role you cannot be a parent of a pupil at Malory Towers School, employed by the school, an elected member of the local authority or employed by the local authority in connection with education (unless you work only in a school or schools). If it is a religious school you may wish to add that the governor will be asked to help preserve and develop the religious character of the school.]

[Bear in mind for a foundation governor vacancy: If it is a religious school you may wish to add that the governor will be asked to help preserve and develop the religious character of the school.]

How can I contact school governors?

If you wish to complain to governors please read this whole page before sending in a complaint. There are many situations where it’s not appropriate or possible to complain to the governing body.

If you wish to contact governors for another reason the school may list a contact number or email address for the chair of governors/trustees on its website. I would not expect email addresses for individual governors to be listed.

If there are no contact details for the chair you can phone, email or write to the school office and ask for your message to be passed on.

There may also be an email address listed for the clerk to governors who can pass on a message to any member of the governing body. The clerk may be known as a governance professional or governance lead.

All schools must publish online the full name of their chair of governors/trustees and every person who sits on their governing body. However, there is no statutory duty to publish a contact email or phone number for the chair or any governor individually.

All schools must also publish details of their governing body in Get Information About Schools (GIAS). You can search for a school name to find a list of all governing body members and their terms of office, or search the name of an individual to see which schools they govern.

When should I contact school governors?

If you would like to see minutes from governor meetings they are public documents. They may be on the school website (but do not have to be) and the clerk to governors will have copies.

The clerk can also help if you wish to find out more about volunteering as a governor or you would like to attend a governors’ meeting. Meetings are not automatically open to the public but governors can invite anyone to attend.

Can I complain to the governors?

Before complaining to a school you should read the school’s complaints policy which must be on a maintained school’s website and should be online in academies. (If you would like a paper copy the school should provide you with one free of charge.)

This policy will explain how complaints are handled and when governors get involved. Complaints will usually be considered in a series of stages, beginning with an attempt to resolve the issue informally. A separate article looks at the details of complaints policies and procedures.

Governors will typically only be involved in school complaints when the headteacher or another member of staff has investigated first and the complainant is unhappy with their response.

Bear in mind that contacting school governors is not the equivalent of asking to speak to someone’s supervisor! The headteacher is in charge of the day-to-day running of the school, its internal management and organisation. Governors have neither the power nor the expertise to over-rule operational decisions.

Template Complaint Letter To School Governors

The form below is adapted from the Department for Education’s model complaints policy. It allows you to send a complaint to a school and explain what actions you are looking for in order to resolve the complaint, eg: an apology or a discussion with a staff member.

Make sure you read your school’s own complaints policy before filling out this form, as the school may provide its own form instead.

Download Template Complaint Letter To School Governors (.docx file)

Can I speak to an individual governor?

Yes, but not to register a complaint. You can certainly speak to governors about any aspect of school life, although bear in mind they have a strategic remit that means they are not involved in the everyday running of the school.

It is not a good idea to speak to an individual governor about a complaint instead of following the complaints policy. The individual will have no power to act on your complaint, as the governing body itself has collective responsibility.

Speaking to them may also mean they cannot have further involvement in the complaint as the school may need to find “untainted”, unbiased and impartial governors with no prior knowledge of the situation to sit on the complaints panel.

“If there’s any reasonable doubt as to a person’s ability to act impartially, they should withdraw from considering the complaint.

“When making decisions, you must not act in a way that is biased. The appearance of bias may be sufficient to taint a decision even if there is no actual bias. 

“We generally consider that governors with no prior exposure to the complaint are suitably impartial, unless the complainant provides us with evidence to the contrary.”

Best Practice Guidance for School Complaints Procedures (Maintained Schools)

Occasionally parents mistakenly believe that parent governors or trustees are “on their side” and will sort out complaints for them because they think that is part of their role.

However, parent governors have exactly the same role and power as any other governor. They are not the voice of the parents and have no power to address complaints individually.

Awards for School Governors

If you know a school governing body or individual governor who has had a real impact on improving the school there are several awards for which they can be nominated.

  1. Outstanding Governance Awards from the National Governance Association (NGA), the national charity that supports all state-funded governors.

    Awards are given out every other year with nominations usually accepted from September.

    There are gongs available for an outstanding governing board in a single school, outstanding board in a group of schools, outstanding vision and strategy and outstanding clerk to a a governing board. The 2019 awards were presented at the House of Commons.
  2. Honours such as the OBE (Office of the Order of the British Empire) and MBE (Member of the Order of the British Empire) can be awarded to school governors. The chair of governors is often the recipient but any governor can be recognised.

    Only individuals can receive these awards so there is no way to nominate the full governing body. This list of new year honours for 2019 shows a number of governors in receipt of OBEs and MBEs.

    More details on how to nominate a governor are available here and detailed guidance is available on how to write the citation.

    You can also email the DfE’s education honours team at Honours.team@education.gov.uk

Can school governors sign passports?

School governors can only sign passports if they work in (or are retired from) one of the government’s approved professions.

If you need a passport signed (sometimes called “countersigned”) you need to ask someone who either works in one of the government’s approved professions or someone “of good standing” in the local community.

When I asked the passport office whether all governors would qualify for the second category they gave the following reply.

“We cannot guarantee that a school governor would be accepted as a countersignature as this will be dependant on the Passport Officer and other factors. So that we may advise further, please advise on the person’s professional occupation.”

Passport Office

Can teachers sign passports?

Yes. Teachers do qualify as one of the approved professions, so a teacher who also happens to be a governor can give a countersignature as long as they meet the other conditions, including the fact that anyone signing your passport must have known you for at least two years and can identify you easily.

Some schools may ask for a small donation to school funds in return for giving these signatures if they receive a large number of requests.

Be aware that a governor cannot sign your passport if they are your husband, wife or romantic partner, if you are related to them by birth or if you live with them.

The requirement for a person of “good standing” was designed to make sure there have been some basic checks made on the person’s life and that they would have something to lose if they were convicted of fraud.

A school governor has been subject to a criminal records check and will have signed an application form to confirm that they are not disqualified from being a governor due to issues such as criminal convictions.

The person signing the passport must live in the UK and already hold their own British or Irish passport. Note however that not all passport applications require a countersignature. You only need a signature if it is for one of the following situations:

  • your first adult passport
  • a child’s first passport
  • a replacement for a lost, stolen or damaged passport
  • renewal of a passport for a child aged 11 or under
  • renewal of a passport if your appearance has changed and you cannot be recognised from your existing passport.

Can retired teachers sign passports?

Yes. The government website says that a person who has retired from an approved profession can sign your passport.

“Your countersignatory must either work in (or be retired from) a recognised profession [or] be ‘a person of good standing in their community’”.

Countersigning Passport Applications and Photos

Can teaching assistants sign passports?

No. The list of accepted professions only includes someone who is a “teacher or lecturer”, not a teaching assistant (TA). Teaching assistants cannot countersign or verify passports.

Can a nursery teacher sign a passport?

Yes. A nursery teacher would qualify as a “teacher” under the government’s list of approved professions.