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
Schools Causing Concern: Guidance For Local Authorities and RSCs
governing body’s constitution set out in the School Governance (Constitution) (England) Regulations 2012 do not apply.”
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
Explanatory Memo to the School Governance (Transition from an Interim Executive Board) (England) Regulations 2010
three and six members.”
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.