A biological parent, step-parent, grandparent, foster parent, guardian or any other person can be a parent governor or trustee as long as they have parental responsibility for a child or care for that child on a day-to-day basis.
The Department for Education produces detailed guidance for both maintained schools and academies on issues of parental responsibility. This includes an in-depth description of who is considered to be a “parent” under education law.
This guidance refers to the definition of a parent under education law. Under this law any of the following people qualify as a parent:
- biological parents
- anyone with parental responsibility
- anyone who has care of a child.
“For the purposes of education law, the department considers a ‘parent’ to include:
– all biological parents, whether they are married or not
– any person who, although not a biological parent, has parental responsibility for a child or young person – this could be an adoptive parent, a step-parent, guardian or other relative
– any person who, although not a biological parent and does not have parental responsibility, has care of a child or young person.
“A person typically has care of a child or young person if they are the person with whom the child lives, either full or part-time and who looks after the child, irrespective of what their biological or legal relationship is with the child.
“This may be a foster carer or family and friends carer who does not have parental responsibility but has been delegated the responsibility for taking day-to-day decisions about the child.
“In cases where a person is not the biological parent of a child, does not have ‘parental responsibility’ for that child and that child no longer lives with them, it’s unlikely that they will be recognised as a ‘parent’.”
Understanding and Dealing with Issues Relating to Parental Responsibility
Do parent governors need to have parental responsibility for a child?
No. The DfE guidance makes clear that parent governors do not need to have what’s called “parental responsibility” for a child – the legal right to make decisions about the child’s upbringing, education and medical treatment.
Someone who does not have legal parental responsibility but does care for the child day-to-day is still eligible.
“Schools must not restrict eligibility to nominate, vote or otherwise participate in parent governor elections, to parents holding parental responsibility.
“Under the School Governance Constitution (England) Regulations 2012, ‘parent’ includes not just those with parental responsibility but biological parents and anyone who cares for a child.”
Understanding and Dealing with Issues Relating to Parental Responsibility
(The DfE quote the Constitution Regulations 2012 in their above paragraph which is a law that only applies to maintained schools. However, they also state that their guidance document applies equally to both maintained schools and academies.)
Do parent governors need to live with the child?
Not if they are the biological parent or have legal parental responsibility for the child. For example, if biological parents are divorced and live in separate houses the parent who lives alone could still be a parent governor.
However, if if there is no biological link and no legal parental responsibility held, the question is whether someone qualifies as having “care of” a child.
In this case the guidance says someone has care of a child “if they are the person with whom the child lives, either full or part-time and who looks after the child, irrespective of what their biological or legal relationship is with the child”.
The guidance clarifies that this could be a foster carer, a family member or a friend; whoever has been “delegated the responsibility for taking day-to-day decisions about the child”.
Parent Governors In Maintained Schools
The law for maintained schools includes a definition of “parent” which echoes the DfE guidance quoted above.
“‘Parent’ includes any individual who has or has had parental responsibility for, or cares or has cared for, a child or young person under the age of 19.”
Constitution (England) Regulations 2012
If there is a disagreement about who qualifies as a “parent” the law says that the “appropriate authority” which is responsible for all parent governor elections is either:
– the local authority (LA) for a community school, community special school, maintained nursery or a voluntary controlled school or
– the governing body for a voluntary aided school, foundation school or foundation special school.
However, the LA can choose to delegate this power to the headteacher (and most will) and the governing body of a VA, foundation or foundation special school can choose to hand over power to the LA.
Whoever ends up with the power to serve as the “appropriate authority” can make judgements as to who is eligible to stand in the election.
There are two other eligibility criteria to be elected or appointed as a parent governor in a maintained school.
On the date of the election or appointment parent governors must not be elected members of the local authority (councillors) and they must not be employed for the school for more than 500 hours per year.
“A person is disqualified from election or appointment as a parent governor of a school if the person—
(a) is an elected member of the local authority; or
(b) is paid to work at the school for more than 500 hours in any twelve consecutive months.”
Constitution (England) Regulations 2012
Appointing Parent Governors In Maintained Schools
If you cannot find a current parent to volunteer for election in a maintained school, or the number of candidates is less than the number of vacancies, the governing body can choose to appoint someone instead.
Rather than holding an election with votes cast by current parents, the new governor will be voted onto the board by existing governors instead. (Boarding and hospital schools also have special dispensation to appoint parent governors if an election would not be practical.)
The appointed parent governor must have “the skills required to contribute to the effective governance and success of the school”.
In single maintained schools (except community/foundation special schools) there are three types of people who are eligible to be appointed as a parent governor:
- a parent of a currently registered pupil
- a parent of a former registered pupil
- anyone who has children of compulsory school age or below.
The law lists these three types in order of preference. So for example if you have two candidates and one is a parent of a former pupil and the other is a parent of children who go to a different school, governors should give preference to the parent of a former pupil.
“The number of parent governors required must be made up by parent governors appointed by the governing body, if one or more vacancies for parent governors arises and the number of parents standing for election is less than the number of vacancies.
“The governing body must appoint as a parent governor in the following order of preference —
(a) a parent of a registered pupil at the school,
(b) a parent of a former registered pupil at the school, or
(c) a parent of a child under or of compulsory school age.
“The governing body may only appoint as a parent governor a person who has, in the opinion of the governing body, the skills required to contribute to the effective governance and success of the school.”
Constitution (England) Regulations 2012
In federations the law on appointed parent governors is slightly different.
“In appointing a parent governor, the governing body of a federation must appoint in the following order of preference—
(a) a parent of a registered pupil at a federated school (or, in respect of any maintained nursery school in the federation, a parent of a child for whom educational or other provision is made on the premises of the school (including any such provision made by the governing body under section 27 of EA 2002));
(b) a parent of a former registered pupil at a federated school;
(c) a parent of a child with special educational needs for which a federated school is approved; or
(d) a parent of a child, including a child who has special educational needs and is over compulsory school age.”
Constitution and Federations (England) Amendment Regulations 2016
In community or foundation special schools the rules are different again.
“Where the school is a community special school or a foundation special school, the governing body must appoint in the following order of preference—
(a) a parent of a registered pupil at the school;
(b) a parent of a former registered pupil at the school;
(c) a parent of a child under or of compulsory school age with special educational needs for which the school is approved; or
(d) a parent of a child who has special educational needs and is over compulsory school age.”
Constitution (England) Regulations 2012
Parent Trustees In Academies
The most recent model articles of association for academies contain a new definition of “parent”. The definition matches the definition for maintained schools contained in the law, in that it includes both people with parental responsibility and those who “care for” a child.
“‘Parent’ includes any person with parental responsibility or care for a pupil, student, or child.”
Model Articles of Association (June 2021)
Check your articles to see if they contain a definition of “parent” for your academy trust. If you need a more detailed definition the DfE guidance quoted at the top of this page applies to academies as well as maintained schools.
The current model articles say that parent trustees and parent local governors must be a parent of a registered pupil at a single academy, or a pupil at one of the academies within a multi-academy trust.
“Parent trustees and parent local governors shall be elected or…appointed. The elected or appointed parent trustees must be a parent of a registered pupil at one or more of the academies at the time when they are elected or appointed.
“The elected or…appointed parent local governors of the local governing body must be a parent of a registered pupil at one or more of the academies overseen by the local governing body at the time when they are elected or appointed.”
Model Articles of Association (June 2021)
Note that the guidance from the DfE quoted above advises both schools and academies that under education law someone does not have to hold legal “parental responsibility” to be considered a parent, they just have to provide day-to-day care for the child.
Academies can appoint parent trustees just like maintained schools can if the number of candidates standing for election is less than the number of vacancies. Model articles from June 2021 contain the following rules.
In a multi-academy trust an appointed parent should preferably have a child attending one of your academies.
If that’s not “reasonably practical” they should have a child within the age range served by one of your academies or, for local governing bodies, within the age range of the pupils served by at least one academy overseen by that local governing body.
In a single academy an appointed parent should preferably have a child attending the academy. If that’s not “reasonably practical” they should have a child of compulsory school age.
Model articles make it clear that the academy trustees have the power to decide whether someone qualifies as a “parent”.
“The trustees shall make all necessary arrangements for, and determine all other matters relating to, an election of the parent trustees or parent local governors, including term dates and any question of whether a person is a parent of a registered pupil at one of the academies.”
Model Articles of Association (June 2021)