It does seem to be technically possible for a governor to be the DPO, but it may not be best practice. Schools must have a DPO as they are public bodies, but they need to ensure the DPO has the appropriate expertise, can avoid conflicts of interest and can report to senior managers.
The DfE state in their Data Protection Toolkit for Schools that it might be possible to “seek volunteers from experts that may exist in the wider school community” so the job does not have to be done by an employee.
However, they go on to say that as a volunteer “their statutory responsibilities remain at the same expectation as a paid DPO. It would be a reasonably big commitment for that volunteer, and they would need to be able to clearly convey risks and views to senior managers.”
The private company GDPR in Schools has produced a guide to who can be the DPO. They advise that governors can be the DPO but only if there is no conflict of interest, they have sufficient time, they can understand the school’s use of data and have input from school staff to help them.
Expert Knowledge of Data Protection Law
It may be unreasonable to expect a volunteer governor to be an expert on the data protection law in addition to all their other duties.
“You should appoint a DPO on the basis of their professional qualities, and in particular, experience and expert knowledge of data protection law.”
“When designating a data protection officer, the controller must have regard to the professional qualities of the proposed officer, in particular the proposed officer’s expert knowledge of data protection law and practice.”
Governors are, of course, high level management themselves – who would they report to if they are not reporting to the school’s governing body?
“DPOs assist you to monitor internal compliance, inform and advise on your data protection obligations, provide advice regarding Data Protection Impact Assessments (DPIAs) and act as a contact point for data subjects and the supervisory authority.
“The DPO must be independent, an expert in data protection, adequately resourced, and report to the highest management level.
“A DPO can be an existing employee or externally appointed. You must ensure that the DPO reports to the highest relevant management level of your organisation – ie: board level.”
A governor may find it difficult to avoid conflicts of interest. For example, they may hold confidential data themselves and have access to information in minutes that others do not.
“As long as the professional duties of the employee are compatible with the duties of the DPO and do not lead to a conflict of interests, you can appoint an existing employee as your DPO, rather than you having to create a new post.”
“Think through what is best for your school. As yet, there does not appear to be a common approach, but it appears a ‘many schools to one DPO’ model is emerging as the most common, whether that is provided by the local authority, or multi-academy trust.”
Yes, if you are a governor in a maintained school.
Maintained school governors are legally entitled to time off work unless their job is on a short list of excluded professions. There is no legal requirement to pay you while you are absent.
Academy trustees do not have an equivalent legal right to time off.
Under the Employment Rights Act 1996 you have the right to time off work under section 50, Right to Time Off for Public Duties.
This includes serving as a member of a “relevant education body” and this is defined as “a managing or governing body of an educational establishment maintained by a local authority”.
This definition covers a maintained school but not an academy, because academies are independent from the local authority.
It explains that you can’t ask for time off work to be a governor (or to carry out any other public duty except jury service) if you work:
for an agency
in the police or armed forces
on a fishing boat, or a gas or oil rig at sea
as a merchant seamen
as a civil servant if the public duty you wish to undertake is connected to political activities restricted under the terms of your employment (being a school governor would not apply in this instance).
How much time off can I take?
The law refers to “an amount of time” that is “reasonable in all the circumstances” which is rather vague. It does say that you should consider:
how much time off is required for the public duty involved, and how much time off is required for the performance of that particular duty
how much time off the employee has been granted so far
the circumstances of the employer’s business and how the business will be affected by the missing staff member.
Many schools hold their governor meetings either in the late afternoon or evening so you may be able to arrive straight after work or only miss one or two hours at the end of the working day.
Bear in mind that governors will also be asked to visit their school during the day and may also need to attend training sessions and other responsibilities (such as meeting OFSTED inspectors) during the school day.
What if my employer refuses to give me time off?
You could try persuading your employer by listing the skills that governors must develop which you can use in your job: analysing data, taking responsibility for high-level planning and results, strategic thinking, interpersonal skills, respecting confidentiality and holding leaders to account.
If your boss still refuses you could raise a grievance at work by following your employer’s written grievance procedure.
If they still disagree you can contact the Advisory Conciliation and Arbitration Service (ACAS) which will work with both sides to try to find a solution. Ultimately you could take your complaint to an employment tribunal.
The DfE does not define what it means by exceptional circumstances, but it might apply to a school that is struggling with its OFSTED rating and is in need of experienced governors, for example.
If you do decide to join the governing body of more than one school the details of all your governor roles must be published on the website of all your schools.
Can you be the chair of governors at two schools?
Yes. There are no rules that prevent someone from being the chair of governors at two different schools, or even at three or four (although as mentioned above the DfE does not advise governing in more than two schools in most cases).
The only concern might be whether the chair had sufficient time and energy to devote to multiple schools, but that would depend on their own circumstances.
Can a teacher be a governor at a different school?
Yes. Teachers, headteachers and other school employees are free to become governors at another school.
In fact, this is actively encouraged by the National Governance Association who run an Educators on Board scheme to persuade school employees to govern elsewhere.
The school governing body gets the benefit of the governor’s experience in education and the governor receives useful continuing professional development (CPD) from seeing how another school board works.
It is possible that a conflict of interest could arise, but any governor can experience a conflict and in most cases these can be easily managed by removing a specific governor from the decision-making for that issue.
For example, say a headteacher was a governor at another school. If governors were forming an interview panel to hire a deputy headteacher and a teacher from the head’s own school applied, the headteacher would not be allowed to sit on the interview panel.
For the bulk of the work governors do, however, it would not matter that a governor worked for another school.
The instrument of government sets out the constitution of a maintained school’s governing body. This means how many governors of each type the school has and the length of their terms of office if they are not the default four-year term.
It is sometimes referred to as the instrument of governance, probably just because that sounds like a more natural name, but its correct title as used in law is instrument of government. It’s also called the IoG for short.
Here’s an example of an instrument of government from a community school.
The information that the instrument must contain is set out in section 28 of the Constitution Regulations 2012. All instruments of government must contain the following information:
the name and category of school, eg: Malory Towers, community school or Malory Towers, foundation school
whether the school has a foundation and whether the school is a “qualifying” foundation school
the name of the governing body, usually just “the governing body of Malory Towers Primary School”
the number of governors of each type: parent, local authority, staff, headteacher, co-opted, foundation or partnership
the total number of governors. There is no maximum number of governors, but the minimum number is seven
the term of office of any category of governor, if less than four years. The minimum term of office for any governor is one year
whether the term of office for any governor of a particular category may be determined by those appointing that governor
for foundation schools, the name of anyone who can appoint governors (and the basis on which appointments are made if more than person can appoint)
for foundation schools, details of any ex officio governors (governors whose role comes with their office, such as parish priest) and who can remove these governors
for foundation and voluntary schools with a religious character, a description of the religious ethos of the school
for federated schools, the names and categories of each federated school and for faith schools in a federation “a single description of the religious ethos of each such school”
the date the instrument of government takes effect.
Headteachers can choose not to take up their place on the governing body (officially they would need to resign as a governor) but they can also choose to withdraw their resignation at any time, so a place must always be available for them.
All maintained schools must have places for the headteacher, one staff governor only, one local authority governor only and as many co-opted governors as are considered “necessary”. A separate article explains more about the different types of governor.
Schools that are not joined together in a federation, ie: all single schools, must also have at least two parent governors.
All federated schools must have places for each headteacher from the federation and only two parent governors. (The requirement for two parent governors comes from a 2016 amendment; note that the original 2012 law required one parent from each federated school.)
Foundation and voluntary-aided schools must also comply with additional laws which depend on your specific type of school. They are set out in section 14 of the Constitution Regulations 2012 (or section 22 of the Federation Regulations 2012 if your school is part of a federation).
A copy of the instrument must be given to every governor and the headteacher, whether or not the head is a governor.
Are associate members listed in the instrument?
No, associate members do not appear in the instrument of government. There is no limit to the number of associate members a board can appoint and you can increase or reduce the number of associate members without changing the instrument.
Where can I find the instrument of government?
The clerk to governors should have a copy. If the clerk can’t find one the chair, vice chair or headteacher may have a copy. If no-one at the school can locate a copy the governor services department of the local authority will be able to provide one.
Does the instrument of government need to be reviewed annually?
No, there’s no need for governors to review or approve the instrument annually. However, it is sensible to review it occasionally, perhaps every few years, to consider whether you have the ideal number of governors of each type for your current circumstances.
Must the instrument of government be on the school website?
No, there’s no requirement to publish the actual instrument itself, but you do need to publish information about governance including the names of all governors and who appointed them. A separate article covers what needs to be published online.
How do we amend the instrument of government?
The instrument of government can be amended at any time to add or remove governors or change the number of governors in a category. Because this means changing the constitution of the board this process is known as reconstitution.
If you wish to reconstitute governors should give their approval to change the instrument of government at a full governing body meeting. Schools with foundation governors will also need the approval of those governors, trustees of any foundation and their local diocese or other linked religious body.
“In the case of a school with foundation governors, the governing body must not submit a revised draft unless it has been approved by the foundation governors; the trustees of any foundation relating to the school; the appropriate diocesan authority; and in the case of any other school designated as having a religious character, the appropriate religious body.”
If two or more schools are forming a federation, where one governing body oversees multiple schools, the governing bodies that are merging prepare a draft instrument jointly.
The clerk should then submit the new draft instrument to the local authority, together with the minutes of the meeting when the amendments were approved. The LA will approve the changes if they conform with the law.
One tip is to choose an even number of governor positions in your constitution because this makes it slightly easier to be quorate, for which you need 50% of governors (excluding vacancies).
For example, if you have ten governors on the board the quorum is five, but if you have nine governors the quorum is still five because figures must be rounded up.
Remember that in many cases applicants will qualify for more than one governor type, so if you have no parent governor vacancies and an eager parent wishes to join the board they can fill a co-opted vacancy, for example.
Does the instrument need to be sealed?
Yes, the LA will “seal” the instrument when they approve it by placing a mark on the approved version. They will also add some rather grand text and a signature to confirm this, for example: “The common seal of Southampton City Council was hereunto affixed this 18 May 2021 in the presence of [signatory].”
For maintained school governors the default term of office is four years, but the school can choose to use any term between one and four years.
For academies the model articles of association (June 2021) contain a default four-year term of office for trustees, but they allow academies to choose a shorter term of office for any trustee except parent trustees.
Governors whose role comes with their job (known as “ex officio” governors, which means “by virtue of the office”), such as the headteacher and some foundation governors, lose their place on the governing body automatically when they leave their job. Ex officio foundation governors can also be removed by the body that appointed them.
Governors are volunteers and can resign before their term of office ends. They can also volunteer for another term of office after their current term ends, but they must be either re-elected or reappointed (depending on their governor type).
The Law For Maintained Schools
The law explains that the default term of office is four years, but different types of governor or even individual governors can be assigned shorter terms if you wish (with a minimum one-year term).
“A governor holds office for a fixed period of four years from the date of that governor’s election or appointment.
“The instrument of government may, in relation to a particular category of governor specify a term of office not being a period of less than one year or more than four years.”
The 2012 constitution regulations were amended in 2015 to say that a shorter term of office could now be applied not only to a specific category of governor (eg: all co-opted governors) but also to any individual governor within that category (eg: Bob the co-opted governor).
“The instrument of government may, in relation to a particular category of governor—
(a) specify a term of office not being a period of less than one year or more than four years; or
(b) set out that the term of office for any governor within that category may be determined by those appointing the governor, not being a period of less than one year or more than four years.”
For example, you could set a term of office of two years for parent governors and three years for co-opted governors, or a term of one year for Miss Alicia Johns the parent governor.
To change the length of a term of office a maintained school must edit its instrument of government, have it approved at a full governing body meeting and then signed off by the local authority. (In some schools it will also need approving by a body such as the diocese or foundation.)
In practice there may be little benefit in setting terms shorter than four years. If you are having problems with a particular governor/trustee they can be removed either by the governing body itself, the local authority or the body that appointed them, depending on the category of governor that they fall into.
If someone is simply not turning up to meetings they can be disqualified after six months.
What is the term of office for associate members?
Associate members in maintained schools serve the same default term of four years, with the option of any term between one and four years.
“An associate member may hold office for a period of four years, or such shorter period (not being less than one year) as may be determined by the governing body at the date of the appointment.”
Check your own articles of association, but the current model articles (June 2021) include a four-year term of office for academy trustees.
However, the model articles allow a shorter term of office for any trustee except parent trustees. The trustee themselves can shorten terms of office for co-opted trustees.
Articles also explain that terms of office do not apply to ex officio trustees, where the role of trustee comes with a person’s job.
“The term of office for any trustee shall be four years, save that this time limit shall not apply to any post which is held ex officio.
“The term of office may be shorter than four years for any trustee except for parent trustees, if the members (or in the case of a co-opted trustee, the trustees) determine this at the time of appointment of such trustee.”
Terms of office for anyone who sits on an academy committee, including local governors in a multi-academy trust, are set by each trust and can be found in the terms of reference for that committee.
What is the term of office for academy members?
Academy members do not have fixed terms of office. They have an appointment date but no “expiry” date, so they carry on until they resign or are removed by the other members.
Start Dates For Terms Of Office
The start date for a governor or trustee’s term of office will be either the date they were appointed (the date of the meeting when governors voted in favour of the appointment) or the date of election (the final day that votes could be cast).
If no election was needed because there was only one candidate and the governor is elected unopposed, the start date will be the deadline for volunteers to express an interest.
What if a governor changes category?
If a governor moves from one category to another, for example a parent governor becomes a co-opted governor, they start a new term of office.
This was clear in statutory guidance for maintained schools published in 2015 in a section that covered how to reconstitute your board (change the number of governors in each category). Maintained schools had to reconstitute by 1 September 2015 so that all their governing boards complied with the latest governance law.
“Governors remaining within the new structure in their current category will continue to serve out their term of office. For those newly appointed or re-appointed to a different category, a new term of office will start.”
Old Version (2015) of Constitution of Governing Bodies of Maintained Schools: Statutory Guidance
Unfortunately the DfE do not include this useful advice in the current version of their constitution guidance, but I guess it is just common sense. Although all governors have the same aims they are elected or appointed to the board in different ways and their terms of office should be linked only to their current governor role.
Model articles for academies do not say what should happen if a trustee or local governor changes role but it would be reasonable to restart their term of office.
What happens at the end of a term of office?
Governors and trustees can volunteer for a further term of office if they wish but cannot automatically continue in their role; they need to be either re-elected or reappointed.
It is good practice to vote to reappoint governors in advance, before their term of office expires, so that there is no break in their term. For elected governors you can plan the election in advance so that any new governor can immediately replace the old one.
Rules For Maintained Schools
In a maintained school co-opted governors will need the board to vote in favour of reappointing them for another term, as will associate members.
Local authority governors will need to be nominated again by the LA and then voted onto the board by governors. Foundation and partnership governors can be re-appointed by the body who appointed them the first time (for example, the local diocese).
When parent governors finish their term of office all parents must be made aware of the vacancy and given the opportunity to stand in an election, voted on by fellow parents. If there is only one volunteer they are elected unopposed. If there are no volunteers then maintained schools can appoint a parent of a former registered pupil or a parent of any child of compulsory school age or below, in that order of preference.
Staff governors are dealt with in the same way as parent governors – all staff are made aware of the vacancy and then a vote is held so employees can elect their preferred candidate.
Community or foundation special schools can appoint the parent of a former pupil, a parent of a compulsory school-age (or below) child with special needs of the type that the school caters for, or a parent of an SEN child who is over compulsory school age, in that order of preference.
Rules For Academies
In an academy the model articles say co-opted trustees are reappointed by a vote from the current trustees who are not co-opted trustees themselves. Any trustees appointed by the foundation or sponsor body of the academy can be reappointed by that body.
Parent trustees are elected by parents, but the model articles give trustees the power to appoint parent trustees if there are no candidates for election. The trustees also appoint most committee members, including local governors, although local governing boards in multi-academy trusts may have elected parent roles too.
Some academies may have local authority governors that are appointed by the LA; check your academy’s articles of association to be sure.
Is there an overall limit on how many years a governor can serve?
No. There are no limits on how many terms of office a governor can have, as long as they are correctly re-elected or reappointed each time (or they are ex officio governors with no term of office at all). Governors could in theory serve on the same governing body for decades.
However, the National Governance Association recommends that governors do not stay at the same school for more than eight years in total.
This is to ensure that there are new ideas and skills being brought to the school and that no individual builds up too much power or influence just because they have been a fixture at the school for many years.
“Governing on the same school’s board should be limited to eight years.”
Does being elected as chair extend a governor’s term of office?
No. A term of office as chair or vice-chair is separate to a governor’s term of office as a particular type of governor.
For example, if Bob was elected as a parent governor in January 2020 for a four-term of office and is then elected chair of governors for one year from September 2020, his term of office as parent governor still runs to January 2024. His term of office as chair runs out in September 2021.
You do need to remember that a governor cannot, of course, be chair or vice-chair if their term of office as a governor expires and they are no longer on your governing body. So if Bob was elected chair one month before his term of office as a parent governor expired and he then lost the parent governor election to another candidate, the board needs to elect a new chair.
Can terms of office be backdated?
No. If a term of office expires and no-one notices you cannot simply reappoint the governor at your next meeting and backdate their term. Any decision made at a meeting requires a quorum and if someone is not a member of the governing body at the time of the vote they cannot count towards the quorum.
If you have accidentally let a term of office expire the clerk should check that any recent meetings were still quorate without counting that governor. If meetings were not quorate any decisions made are not valid and should be voted on again.
Similarly, if the term of office for the chair has expired the clerk should check that the chair has not used their powers (specifically chair’s action and use of a casting vote) as these decisions will not be valid.
Remember though that the chair’s term of office is separate from their term of office as a governor, so unless their governor term has run out too they will still form part of the quorum.
If a school joins an academy trust do terms of office restart?
This is decided by each trust. The trust may wish to reset terms of office so they start from the day the school converted to an academy, or they may wish to keep existing terms of office.
The disadvantage of resetting terms of office is that it means all terms will run out on the same date, but it is up to the trust to decide. They may wish to keep terms of office for elected parents and staff but reset them for appointed roles, for example.
The short answer is that if you are age 18 or over, have no criminal convictions, have not been disqualified from being a company director or charity trustee and have not received specific sanctions relating to debt then you are eligible to be a school governor.
If you have a criminal conviction you may still be eligible, depending on the nature of the crime. There are no set qualifications needed in terms of GCSEs, A-levels or formal education and you do not need to have children unless you wish to be a parent governor.
From my experience of governor meetings I would say that you may struggle if your English skills are not great or you have trouble reading lots of long documents. You should also be fairly confident as your role will include asking some tough questions of school leaders.
The long answer is that there are a long list of circumstances which make you ineligible, with most relating to criminal convictions; see the base of this page for the complete list.
If you do have a conviction bear in mind that all potential governors must have an enhanced disclosure and barring service (DBS) check so these convictions will be seen by any school that appoints or elects you to its governing body. If you refuse the request for a DBS check you will be automatically disqualified and cannot become a governor or academy trustee.
As well as running a DBS check on you, schools will usually ask you to sign an application form stating that you do not meet any of the disqualification criteria below.
Once you become a governor or trustee you will also be disqualified if at any point you fail to attend meetings for a period of six months, unless the governing body has given you special permission to miss that many meetings.
This page relates to the disqualification criteria for joining the governing body as a whole, but you will also need to meet the criteria for the type of governor role you are interested in.
For example, if you wish to be a parent governor in a maintained school you cannot work at the school for more than 500 hours per year and you cannot be an elected member of the local council. A table below shows who is eligible for each governor category in a maintained school.
There used to be a provision in the law, listed under the rather insensitive title of Mental Disorder, that anyone detained under the Mental Health Act 1983 (known as “being sectioned”) was also disqualified.
However, that rule no longer applies under the current constitution regulations which came into force in 2012. Model articles of association for academies (June 2021) still disqualify trustees who are incapable of “administering their own affairs” through illness or injury.
Do school governors need references?
You may be asked to provide references, but to be honest this probably depends on how difficult the school finds it to get volunteers. If they have many applicants they may request references; if you are the only person interested they may not.
Eligibility for Different Maintained School Governor Categories
The table below lists the different types of maintained school governor and shows who is eligible in law to become a governor in each category. (Rules are not so clear-cut for academies and will differ from trust to trust.)
All volunteers must also be checked against the disqualification criteria list in the next section.
The table shows that, for example, a parent of a current pupil can be the staff governor if they are also a school employee, but they can never be a partnership governor.
Note that anyone can legally be a foundation governor, but as these roles are commonly found in faith schools there will usually be requirements set by the linked religious body, eg: volunteers must be practising catholics.
(I’ve referred to a volunteer who meets the “500-hour rule” in the table to save space – this means that to qualify for that role the volunteer cannot work for the school for more than 500 hours per year.)
Parent of Current Pupil
School Employee
General Public
Staff Governor
Yes, if they are also a school employee
Yes
No
Elected Parent Governor
Yes, if not elected LA member and meet 500-hour rule
Yes, if child attends the school, not elected LA member and meet 500-hour rule
No
Appointed Parent Governor
Yes, if not elected LA member and meet 500-hour rule
Yes, if not elected LA member, meet 500-hour rule and parent of current or former pupil, or child of compulsory school age or below
Yes, if not elected LA member and parent of current or former pupil, or child of compulsory school age or below
LA Governor
Yes
No
Yes
Co-opted Governor
Yes
Yes, if staff gov + head + co-opted govs who are school employees are not more than third of whole board
Yes
Partnership Governor
No
No
Yes, unless elected LA member or employed by LA in education (but can work in another school)
Foundation Governor
Yes
Yes
Yes
Eligibility Requirements for Different Types of Maintained School Governor
Two rules relate to governors only, not associate members. Associate members can be under 18 and can be registered pupils at the school. All governors must be 18 or over and must not be registered pupils of the school.
All other rules cover both governors and associate members. A person is banned from being a governor or associate member in a maintained school if he or she:
is subject to a bankruptcy restrictions order, an interim bankruptcy restrictions order, a debt relief restrictions order or an interim debt relief restrictions order
has had their estate sequestrated and the sequestration order has not been discharged, annulled or reduced
iv) an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under a county court administration order)
has been removed from the office of charity trustee or trustee for a charity by the Charity Commission or Commissioners or the High Court on the grounds of any misconduct or mismanagement, or under Section 34 of the Charities and Trustees Investment (Scotland) Act 2005 from participating in the management or control of any body
has been removed from office under this law as an elected parent or staff governor within the last five years
is included in the list of people considered by the Secretary of State as unsuitable to work with children or young people under section 1 of the Protection of Children Act 1999
is disqualified from registration under Part 3 of the Childcare Act 2006
is disqualified from being an independent school proprietor, teacher or employee by the Secretary of State
has received a sentence of imprisonment (whether suspended or not) for a period of not less than three months (without the option of a fine) in the five years before becoming a governor or since becoming a governor
has received a prison sentence of two and a half years or more in the 20 years before becoming a governor
has at any time received a prison sentence of five years or more
has been fined for causing a nuisance or disturbance on school premises or on educational premises during the five years prior to or since appointment or election as a governor
refuses to allow an application to the Disclosure and Barring Service to be made by the clerk for a criminal records certificate (DBS check).
Disqualification of Academy Trustees
Criteria for academy schools are set out in the model articles of association (June 2021) and are shown below. They apply to both trustees and any member of a committee who is not a trustee such as a local governor. Check your own academy’s articles to see if they differ from the model articles.
A trustee shall cease to hold office if they become incapable by reason of illness or injury of managing or administering their own affairs.
A person shall be disqualified from holding or continuing to hold office as a trustee if-
– they have been declared bankrupt and/or their estate has been seized from their possession for the benefit of their creditors and the declaration or seizure has not been discharged, annulled or reduced; or
– they are the subject of a bankruptcy restrictions order or an interim order.
A person shall be disqualified from holding or continuing to hold office as a trustee at any time they are subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).
A trustee shall cease to hold office if they cease to be a trustee by virtue of any provision in the Companies Act 2006, or are disqualified from acting as a trustee by virtue of section 178 of the Charities Act 2011 (or any statutory re-enactment or modification of that provision).
A person shall be disqualified from holding or continuing to hold office as a trustee if they have been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which they were responsible or to which they were privy, or which their conduct contributed to or facilitated.
A person shall be disqualified from holding or continuing to hold office as a trustee where they have, at any time, been convicted of a serious criminal offence.
A person shall be disqualified from holding or continuing to hold office as a trustee if that person does not provide the chair with a criminal records certificate at an enhanced disclosure level under section 113B of the Police Act 1997 or if such a certificate discloses information which the chair considers would make that person unsuitable for their role.
If a dispute arises as to whether a person shall be disqualified, a referral shall be made to the Secretary of State to determine the matter. The determination of the Secretary of State shall be final.
A person (including the chair) shall be disqualified from holding or continuing to hold office as a trustee if that person:
a. refuses to consent to any checks required by the Secretary of State under the provisions of the funding agreement, the Education (Independent School Standards) Regulations 2014 or otherwise; or
b. is found to be unsuitable to be a trustee by the Secretary of State under the provisions of the funding agreement or the Education (Independent School Standards) Regulations 2014.
It is very unlikely that a school governor would ever be held personally or financially liable, ie: responsible under the law for a failing or error which leads to a prosecution.
Governors act as a group and any powers delegated to committees or individual governors must be agreed by the full governing body as a whole. This makes the whole group responsible for the decisions made.
The only situation where a governor could be liable is if they act criminally or dishonestly. The law states that governors in maintained schools will not be personally liable if they act in “good faith” – honestly, sincerely and with good intentions.
An obvious example that would not meet the standards of good faith is if a governor committed fraud because this would involve lying to others for personal gain.
“The governors of a school shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of their powers under subsection (3) or (6).”
[Subsections 3 and 6 explain that governors can spend the budget as they see fit or delegate spending power to the headteacher.]
There are also restrictions on what decisions can be delegated to individuals; for example, in a maintained school one governor alone cannot approve the first formal budget plan of the financial year. This law ensures that governors are jointly liable for major decisions made and act as one corporate body.
The fact that governors are protected from personal liability is also confirmed by the DfE in their governance guides for both maintained schools and academies.
Most clerks record the result of votes in general terms (“governors voted in favour of x”) rather than recording the specific vote of each individual governor, so your own personal vote will probably not be minuted unless you ask for it to be recorded.
Any contracts, leases or agreements should be entered into in the name of the governing body itself rather than any particular governor.
In a maintained school the lack of personal liability for governors should also be confirmed in your local Scheme for Financing Schools, which explains the responsibilities of governing bodies and the local authority when a school has a delegated budget. This is what my local scheme says about liability.
“The School Standards and Framework Act gives governors legal protection, both individually and collectively, from any personal liability for their decisions and actions undertaken in good faith.
“It also exempts governors from liability for negligent action directly attributable to the spending of the school’s delegated budget, for example if a faulty piece of equipment were purchased resulting in personal injury.”
If something does go badly wrong in a school, for example a serious breach of health and safety, any maintained school will be protected by liability insurance provided by their local authority. (Aided and trust schools may be required to arrange their own insurance.)
Liability in Academies
In academies the small group of academy trust members take on limited financial liability, not the trustees. The trustees are equivalent to maintained school governors; the members are equivalent to company shareholders.
The current model articles of association (June 2021) explain that even for members their financial liability is limited to a maximum of £10 if the trust is closed down.
“The liability of the members of the academy trust is limited. Every member of the academy trust undertakes to contribute such amount as may be required (not exceeding £10) to the academy trust’s assets if it should be wound up while they are a member or within one year after they cease to be a member.”
Academies are required by the Academy Trust Handbook to “have adequate insurance cover in compliance with its legal obligations or be a member of the academies risk protection arrangement (RPA)”.
The risk protection arrangement includes governors’ liability insurance. If the trust is not a member of the RPA the Handbook makes it clear it must take out alternative public liability insurance.
Yes. Governors are volunteers who give their time for free. They should not be paying for the privilege.
Law for maintained schools says that schools with delegated budgets can pay expenses to both governors and associate members. The payments must be for expenses that have been “necessarily incurred” while enabling the person to perform a governance duty.
“The governing body of a maintained school which has a delegated budget may determine to pay a member of that governing body or any associate member payments by way of allowance.
“Such payments by way of allowance are in respect of expenditure necessarily incurred for the purpose of enabling the governor or associate member to perform any duty.”
Schools without delegated budgets may be able to claim expenses from the local authority (LA), but this will be at the LA’s discretion.
Model articles of association for academies (June 2021) allow academies to pay “reasonable expenses” to their trustees, although foreign travel expenses are excluded. You will need to check your own articles to see the rules at your trust.
“A trustee may at the discretion of the trustees be reimbursed from the property of the academy trust for reasonable expenses properly incurred by them when acting on behalf of the academy trust, but excluding expenses in connection with foreign travel.”
Examples of appropriate expenses are listed below. They should only be paid if a receipt is provided as proof of expenditure.
Expense claims could cover:
stationery
postage
photocopying
parking charges when attending training courses or conferences
printing at home (particularly the cost of printer cartridges)
care costs for other dependant family members
the cost of helping a governor participate in meetings or school life, such as help with understanding documents that are not in their first language or the use of technology to help someone with a hearing impairment
subsistence costs such as food and drink
other justifiable expenses at the discretion of the board.
Can a governor be paid to attend meetings?
In the majority of cases, no. Being a governor or trustee is almost always a volunteer role.
However, governors can be paid when they are appointed to an interim executive board (IEB). This is a temporary governing body which is put in place to help struggling schools, such as those in special measures.
Members of IEBs are the only governors in maintained schools who can be paid. The money reflects both their expertise and the fact that IEB meetings may be held much more frequently than normal.
Academies do have the right to pay trustees, but in almost all cases will not do so. More detail is provided in a separate article on paying governors.
Can a governor be paid for loss of earnings?
In maintained schools expenses cannot cover a loss of earnings, for example paying a governor because they have to miss a work shift to attend a board meeting.
Employees are entitled to time off work to enable them to fulfil governance duties in maintained schools because school governance qualifies as a public duty under the law. There is no legal requirement to pay you while you are absent from work, however.
In academies the DfE link to a guide from the Charity Commission which says that although it’s technically possible for trustees to be paid for loss of earnings this is not a routine payment and would need express authorisation from either your articles or the Charity Commission.
Must we have a governor expenses policy?
Maintained schools must have a written policy on governor expenses as it is one of the policies listed in the DfE Maintained Schools Governance Guide. The Governance Guide refers to it as a “governor allowances” policy rather than an expenses policy.
The policy should include a claim form and instructions on who to submit receipts to for payment.
Academies do not need to have a governor expenses policy according to the DfE Academy Trust Governance Guide. In practice they should still have one to ensure volunteers are not out of pocket and know what they can claim.
Travel Expenses
Governors should be allowed to claim travel expenses but these will be minimal unless they live miles away from the school.
Some schools say that travel claims will only be paid if a governor has to travel outside of the local area, eg: the county or local council district. This will avoid very small expense claims.
Governors in maintained schools claiming travel expenses for the use of “private cars, pedal cycles and motorcycles” are limited by law to the HMRC Approved Mileage Rates. As of 2020 these rates were as follows.
Car: 45 pence for the first 10,000 business miles in a tax year, then 25 pence for each subsequent mile.
Motorcycle: 24 pence per mile.
Bicycles: 20 pence per mile.
“Payments for travel expenses incurred through the use of private cars, pedal cycles and motorcycles must be at a rate not exceeding Her Majesty’s Revenue and Customs’ approved mileage rate as published from time to time.”
Yes. Anyone on the section 128 list is banned from serving on a school governing body, so all maintained school governors and associate members, plus all academy members, trustees and local governors with delegated powers should have these checks in place.
A section 128 check will highlight anyone who is banned under the law from taking part in the management of any independent school, including academies.
Anyone on this list is also banned from being a governor in any school, whether it is independent or maintained. All governors and trustees must also have enhanced disclosure and barring service (DBS) checks.
The name “section 128” refers to section 128 of the Education and Skills Act 2008, which gives powers to the Secretary of State to ban people from managing an independent school.
The Law For Maintained Schools
Being on the section 128 list became disqualifying for governors at maintained schools when the Constitution and Federations (England) Amendment 2014 regulations came into force, amending the original Constitution Regulations from 2012.
The original 2012 law includes a long list of reasons which disqualify someone from being a governor.
The 2014 amendment adds one more disqualifying factor – if you are “subject to a direction of the Secretary of State under section 128 of the Education and Skills Act2008″. An explanatory note to the law makes this clear.
“Regulation 6 amends the Constitution Regulations 2012 so that a person subject to a direction of the Secretary of State under section 128 of the Education and Skills Act 2008 is disqualified from holding office as a governor of a maintained school.”
As it doesn’t say maintained schools must check governors there is no legal requirement to do so, but schools still need to follow this advice unless they have a good reason not to.
“Governors in maintained schools are required to have an enhanced criminal records certificate from the DBS.
“Schools should also carry out a section 128 check for school governors, because a person subject to one is disqualified from being a governor.”
Keeping Children Safe in Education says that maintained school governors should have section 128 checks but does not mention associate members. However, the law says that anyone on the section 128 list is disqualified from being both a governor and an associate member.
The section of the law that was amended in 2014 is called schedule 4. The wording of this schedule makes it clear that it applies equally to both governors and associate members in maintained schools.
“Any person who is disqualified from holding office as a governor of a school under this schedule is likewise disqualified from holding or continuing to hold office as an associate member of the governing body.”
Therefore the slightly odd position is that it is up to each governing body whether they run a section 128 check on associate members, even though associates are banned from the board if they do actually appear on the section 128 list.
(This is similar to the status of associate members in regard to DBS checks because governors must be DBS checked but associate members do not have to be, even though they are disqualified if they have committed certain crimes.)
My own local authority recommends that the same checks are run on associate members as on governors, which seems sensible and I suspect is the recommendation of most LAs. Therefore governing bodies should run section 128 checks on associate members.
Keeping Children Safe in Education says that academies must check anyone who takes up a “management position” against the section 128 list; it is a legal requirement.
“Independent schools, including academies and free schools, must check that a person taking up a management position as described at paragraph 237 is not subject to a section 128 direction made by the Secretary of State.”
The definition of a “management position” is given in paragraph 237 of KCSIE and I’ve quoted the whole paragraph below. It makes clear that all academy trustees must have section 128 checks.
“A section 128 direction prohibits or restricts an unsuitable individual from participating in the management of an independent school, including academies and free schools.
An individual who is subject to a section 128 direction is unable to:
– take up a management position in an independent school, academy, or in a free school as an employee;
– be a trustee of an academy or free school trust; a governor or member of a proprietor body of an independent school; or,
– be a governor on any governing body in an independent school, academy or free school that retains or has been delegated any management responsibilities.”
KCSIE says that any local governor on a board with “delegated management responsibilities” is banned from their role if they are on the section 128 list. If the local governing body has any decision-making powers then the local governors must be checked.
On the other hand if a local governor in a multi-academy trust sits on a local governing body that is purely advisory and does not have decision-making powers there is not a requirement to check them against the section 128 list.
Do academy members need section 128 checks?
Yes. The Academy Trust Handbook makes it clear that academy members must be checked against the section 128 list.
“Trusts must ensure that their members are not currently subject to a direction made under section 128 of the Education and Skills Act 2008 which prohibits individuals from taking part in academy trust management, and that they do not appoint as a member, a person who is currently subject to a section 128 direction.”
Maintained schools should log on to the Teacher Services’ webpage from the Teaching Regulation Agency.
Academies can check the section 128 list when applying for a DBS check, as long as ‘children’s workforce independent schools’ is selected from the options. If academies need to run the check separately from a DBS application they can also use the Teacher Services’ webpage.
How often should section 128 checks be made?
There are no regulations on whether section 128 checks should be repeated at intervals. They are similar to DBS checks in that they are only 100% accurate at the time the check is carried out, so a governor could commit a hate crime next week and be banned from governance, but if you checked the section 128 list today their name would not appear.
Your local authority or academy trust may have a policy as to whether repeated checks are needed. Some LAs advise that DBS checks should be repeated every four years, so it might make sense to also check the section 128 list at the same interval.
What is the difference between the children’s barred list and section 128?
In a school, an enhanced DBS with children’s barred list check will highlight whether someone is banned from working with children. This list used to be known as List 99 before it became the ISA (Independent Safeguarding Authority) barred list and then finally the DBS children’s barred list.
A separate list is held under section 128 to record if someone is banned from managing a school.
As governors do not take part in “regulated activity”, for example supervising children on a regular basis, their DBS checks do not need to include a check of the list barring people from working with children. However, because they are part of the management of the school, section 128 checks should be made. This is explained in statutory guidance.
“As barred list information is required to be requested only for those school governors who are engaging in regulated activity, when proposing to recruit a governor who will not work in regulated activity, schools and colleges should use the secure access portal to check whether the person is barred as a result of being subject to a section 128 direction.”
has been found not guilty of an offence by reason of insanity
has a conviction of an offence in any service disciplinary proceedings
has a conviction of a service offence within the meaning of the Armed Forces Act 2006
has engaged in conduct aimed at undermining the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs
has been found to be in breach of professional standards by a professional body
has engaged in conduct that is so inappropriate that, in the opinion of the appropriate authority, it makes the person unsuitable to take part in the management of an independent school.
Yes. All maintained school governors and academy members, trustees and local governors must have enhanced disclosure and barring service (DBS) checks, also known as criminal record checks.
In maintained schools this check must be applied for within 21 days of the governor’s appointment or election. You should also read Do governors need section 128 checks?
If your school has already run a DBS check on the individual there is no need to re-check them just because they have become a governor, as long as the check was at the enhanced level.
Teachers and other school staff, for example, will have already been checked, as will parents who have volunteered for certain roles at the school such as reading with children.
For maintained schools the DBS check requirement comes from an amendment made in 2016 to the 2012 Constitution Regulations.
“Where a governor is elected or appointed on or after 1st April 2016 and does not hold an enhanced criminal record certificate, the governing body must apply for such a certificate in respect of that governor within 21 days after his or her appointment or election.”
For academies the relevant law for all trustees apart from the chair is quoted below. The model articles of association (June 2021) also say that members, trustees and local governors must have enhanced DBS checks.
“An individual, not being the chair of the school, who is a member of a body of persons corporate or unincorporate named as the proprietor of the school [meets suitability standards if] the chair of the school makes…where relevant to the individual, an enhanced criminal record check.”
“A member shall cease to be a member if that member has not provided to the chair a criminal records certificate at an enhanced disclosure level.
“A person shall be disqualified from holding or continuing to hold office as a trustee if that person does not provide the chair with a criminal records certificate at an enhanced disclosure level. [Note – this paragraph is article 78.]
“Articles 77 to 78…also apply to any member of any committee or delegate of the trustees including a local governing body.”
An academy chair of trustees must have an enhanced DBS check that is countersigned by the Secretary of State. Academy chairs should apply for their countersigned DBS check before they take up the role using the form available from the Education and Skills Funding Agency.
“[Suitability standards are met if] an individual who is the chair of the school…[provides] an enhanced criminal record check, countersigned by the Secretary of State.”
DBS checks for almost all school governors and academy trustees are free because all standard and enhanced level DBS checks are provided free of charge to volunteers.
“Applicants do not pay for standard or enhanced disclosure checks for volunteer positions.”
The definition of volunteer is given in law. Note that the volunteer can receive expenses.
“‘Volunteer’ means a person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative.”
Therefore you only need to pay for a DBS if a governor/trustee is being paid for their service. This would be rare, but is possible if for example the governor is serving on an interim executive board (IEB). A separate article looks at when governors can be paid.
Governors Must Have Enhanced DBS Checks
Note that all references above are to an enhanced DBS check. Keeping Children Safe in Education explains that there are three levels of DBS check available to people working with children. An enhanced check is at level two.
(The DBS service also provide a “basic check” showing unspent convictions and cautions but this basic check is only for job roles that do not involve work with children.)
A standard check – a check of the police national computer records of convictions, cautions, reprimands and warnings.
An enhanced check – a check of the police national computer records plus additional information held by police such as interviews and allegations. (Additional information will only be disclosed where a chief police officer reasonably believes it to be relevant and considers that it ought to be disclosed.)
An enhanced check with children’s and/or adults’ barred list information – a check of the police national computer records, plus additional information held by police, plus a check of the DBS children’s barred list plus a check of the DBS adults’ barred list.
The “barred lists” mentioned in the final bullet point are two separate lists of people who are banned from working with either a) children or b) vulnerable adults. The list of people banned from working with children used to be called List 99 before becoming the ISA (Independent Safeguarding Authority) barred list and finally the DBS barred list.
Should we check if governors are on the children’s barred list?
No, unless they also have another role in school that gives them frequent or unsupervised contact with children.
Anyone involved in regulated activity, such as working with children unsupervised, must have a children’s barred list check, but the statutory guidance Keeping Children Safe in Education states that simply being a governor does not qualify as a regulated activity.
“Governance is not a regulated activity and so governors do not need a barred list check unless, in addition to their governance duties, they also engage in regulated activity.”
In fact, because there are strict rules concerning the release of information held by the DBS, schools are not able to check governors against the children’s barred list even if they wish to unless the governor holds an additional role in school that qualifies for the check.
“The DBS cannot provide barred list information on any person, including volunteers, who are not in, or seeking to engage in regulated activity.”
However, schools should be checking governors against the section 128 list, a list of people who are banned from managing an independent school (including academies) or being a governor in any school or academy.
Should we check if governors have the right to work in the UK?
In a maintained school there is no need to check if a governor or associate member has the right to work in the UK.
In an academy you must check that trustees and local governors have the right to work in the UK. This requirement comes from the law quoted below.
Academy trustees are volunteers so this may seem like an odd requirement, but academies are both independent state-funded schools and companies simultaneously and this law applies to all independent schools, both privately-owned and state.
“The standard in this paragraph is met in relation to an individual who is the chair of the school if the Secretary of State makes the following checks — checks confirming the individual’s identity and their right to work in the United Kingdom.
“The standard in this paragraph is met in relation to an individual (“MB”), not being the chair of the school, who is a member of a body of persons corporate or unincorporate named as the proprietor of the school if the chair of the school makes the following checks relating to MB—
(i) where relevant to the individual, an enhanced criminal record check
(ii) checks confirming MB’s identity and MB’s right to work in the United Kingdom.”
The 2016 legislation for maintained schools refers only to governors and does not mention associate members. It will be up to each governing body to decide whether to run a DBS check on associate members.
You should note that although there is no legal requirement to run DBS checks on associate members, all of the disqualification criteria related to criminal activities apply to both governors and associate members in maintained schools. If an associate member commits a particular crime they are automatically disqualified from the board.
(Academies may have members of committees who they refer to as “associate members”. These people must have DBS checks because all academy committee members must be checked.)
The statutory guidance Keeping Children Safe in Education notes that associate members in maintained schools are not legally required to have DBS checks but does not contain a recommendation as to whether schools should check them anyway. The following paragraph is the only information on associate members provided.
“The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 made enhanced DBS checks mandatory for maintained school governors but not associate members.”
The clerk does not engage in “regulated activity” but will often work during school hours and may come into contact with children.
Keeping Children Safe in Education states that staff who regularly have “an opportunity for regular contact with children” but are not in regulated activity should have an enhanced DBS check with no check of the barred lists.
“As the majority of staff will be engaging in regulated activity, an enhanced DBS certificate which includes barred list information will be required for most appointments.
“For all other staff who have an opportunity for regular contact with children who are not engaging in regulated activity, an enhanced DBS certificate, which does not include a barred list check, will be appropriate. This would include contractors who would have the opportunity for contact with children and who work under a temporary or occasional contract.”
If a governor or associate member in a maintained school is asked by the clerk to make an application for a criminal records check but refuses they are automatically disqualified and cannot serve on the governing body. This is clear in the law.
Note that the first paragraph of law quoted below refers to someone holding office as a governor only. However, the second paragraph makes it clear that disqualification rules in this section of the law apply equally to associate members (apart from the rule that says governors must be 18 or over and not registered pupils at the school).
“A person is disqualified from holding or continuing to hold office as a governor at any time when the person refuses a request by the clerk to the governing body to make an application under section 113B of the Police Act 1997 for a criminal records certificate.
“Any person who is disqualified from holding office as a governor of a school under this schedule is likewise disqualified from holding or continuing to hold office as an associate member of the governing body unless the disqualification is under paragraphs 1 or 2 [which say a governor must be 18 or over and not a registered pupil].”
In an academy the model articles (June 2021) state that anyone who does not give a DBS check to the chair cannot become a member, trustee or a committee member, including a local governor.
“A member shall cease to be a member if that member has not provided to the chair a criminal records certificate at an enhanced disclosure level.
“A person shall be disqualified from holding or continuing to hold office as a trustee if that person does not provide the chair with a criminal records certificate at an enhanced disclosure level under section 113B of the Police Act 1997.
“[These rules] also apply to any member of any committee or delegate of the trustees, including a local governing body, who is not a trustee.”
No, DBS checks have no official expiry date. There is no requirement in either the law or model articles to recheck governors after a certain period of time and the information revealed by the check is only 100% accurate on the date it was carried out.
Your local authority or academy trust may have a policy on whether governors should be rechecked after a certain number of years.
Some local authorities recommend applying for a new DBS check when a governor’s term of office is renewed, usually after four years, but it is up to schools to decide whether and how often they should rerun the check.
Can DBS checks be transferred?
Government guidance says that it is “the employers’ decision to decide whether to accept a previously-issued DBS check”. The decision will depend on factors such as how long ago the check was made and whether it is of the required level, eg: an enhanced or standard check.
If you join the DBS update service you can allow the school to see the latest version of your criminal record check online. Keeping Children Safe in Education confirms that this service “allows for portability of a certificate across employers”.
It also states that schools must do the following three things before using the service:
obtain consent from the applicant to do so
confirm the certificate matches the individual’s identity; and
examine the original certificate to ensure that it is for the appropriate workforce and level of check, eg: enhanced certificate/enhanced including barred list information.
You need to register for the DBS update service when you are applying for a new check or within 30 days of your original DBS certificate being issued. The service is free for volunteers. In practice this service will probably only be useful if you are a governor in multiple schools or regularly visit schools in another capacity.
Can governors attend meetings before the DBS check comes back?
Yes. Governors can come to meetings and cast their vote before the DBS check has been completed. If a governor is visiting the school before their DBS has been completed they should be treated in the same way as any other visitor.
Law for maintained schools just says that DBS checks must be applied for within 21 days of a governor’s election or appointment, not that a governor can only take up their role once the check has been completed.
Rules for academies don’t contain the 21-day deadline at all, but of course the DBS should still be applied for promptly.
What if the 21-day DBS deadline is missed in a maintained school?
If a governor refuses a request from the clerk to undertake the enhanced DBS check they are disqualified from the board.
However, it is not clear in the law what happens if the governing body or the school itself misses the 21-day deadline to apply for the DBS check, perhaps because they did not realise the deadline existed or because staff have been off sick.
I asked the DfE what boards should do if they miss the deadline and their answer is below.
“Thank you for your email. You have alerted us to an issue regarding DBS checks on governors not taking place within the 21-day timeframe as set out in the 2016 regulations.
“We suggest that the school applies immediately for an enhanced DBS check to rectify the issue. The clerk, if they have not already, should also alert the chair of the board in case any further issues arise.”
DfE Email To Me, October 2023
Should governor DBS checks be recorded on the single central record?
The statutory guidance Keeping Children Safe in Education explains that the single central record (SCR) must cover all staff. In academies it must also cover anyone on the “proprietor body” which means all academy members and trustees.
“The single central record must cover the following people:
– all staff
– for independent schools, all members of the proprietor body. In the case of academies and free schools, this means the members and trustees of the academy trust.
“Whilst there is no statutory duty to include on the single central record details of any other checks, schools and colleges are free to record any other information they deem relevant.
“For example, checks for childcare disqualification, volunteers, and safeguarding and safer recruitment training dates.
“Schools and colleges may also wish to record the name of the person who carried out each check.”
The guidance states that there is no statutory duty to record this information for other volunteers (such as governors and associate members in maintained schools or academy local governors) but schools can do so if they believe it is “relevant”.
It would be usual practice therefore to record any checks you make on the governing body in the SCR. This is confirmed by inspection guidance from OFSTED, quoted below.
“Where checks are carried out on volunteers, schools should record this on the single central record.”
Yes. Model articles make clear that the requirement to have an enhanced DBS check also applies to “any member of any committee or delegate of the trustees (including a local governing body) who is not a trustee”.
What happens if a governor has criminal convictions?
In a maintained school their convictions should be checked against the list of disqualification criteria to see if they are automatically disqualified from serving as a governor under the law.
In an academy the model articles (June 2021) say that trustees are disqualified if they have been convicted of a “serious criminal offence”. The definition of a serious criminal offence is shown in the quote below.
“A person shall be disqualified from holding or continuing to hold office as a trustee where they have, at any time, been convicted of a serious criminal offence.
“’Serious criminal offence’ means any criminal offence excluding those which have been spent under the Rehabilitation of Offenders Act 1974 and excluding any offence for which the maximum sentence is a fine or a lesser sentence, except where a person has been convicted of any offence which falls under section 178 of the Charities Act 2011.”
The articles also state that the chair can decide to disqualify a trustee based on other information in the DBS disclosure if the chair believes it makes the person “unsuitable” for the role. If the trustee disputes their disqualification the matter can be referred to the Secretary of State for a final decision.
“A person shall be disqualified from holding or continuing to hold office as a trustee if that person does not provide the chair with a criminal records certificate at an enhanced disclosure level under section 113B of the Police Act 1997 or if such a certificate discloses information which the chair considers would make that person unsuitable for their role.
“If a dispute arises as to whether a person shall be disqualified, a referral shall be made to the Secretary of State to determine the matter. The determination of the Secretary of State shall be final.”
