Who is eligible to be a school governor?

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 PupilSchool EmployeeGeneral Public
Staff GovernorYes, if they are also a school employeeYesNo
Elected Parent GovernorYes, if not elected LA member and meet 500-hour ruleYes, if child attends the school, not elected LA member and meet 500-hour ruleNo
Appointed Parent GovernorYes, if not elected LA member and meet 500-hour ruleYes, if not elected LA member, meet 500-hour rule and parent of current or former pupil, or child of compulsory school age or belowYes, if not elected LA member and parent of current or former pupil, or child of compulsory school age or below
LA GovernorYesNoYes
Co-opted GovernorYesYes, if staff gov + head + co-opted govs who are school employees are not more than third of whole boardYes
Partnership GovernorNoNoYes, unless elected LA member or employed by LA in education (but can work in another school)
Foundation GovernorYesYesYes
Eligibility Requirements for Different Types of Maintained School Governor

Disqualification Of Maintained School Governors

The criteria in this section apply to all maintained schools and mostly come from the School Governance Constitution (England) Regulations 2012. However, some of the criteria originate from other regulations so the statutory guidance to the 2012 law contains the complete list to avoid confusion.

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
  • is subject to:

i) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986

ii) a disqualification order under the Company Directors Disqualification (Northern Ireland) Order 2002

iii) a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002

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 barred from regulated activity relating to children in accordance with Section 3 (2) of the Safeguarding Vulnerable Groups Act 2006
  • is subject to a direction under Section 142 of the Education Act 2002 or section 128 of the Education and Skills Act 2008
  • is disqualified from working with children under sections 28, 29 or 29A of the Criminal Justice and Court Services Act 2000
  • is disqualified from registration under Part 2 of the Children and Families (Wales ) Measure 2010 for childminding or providing day care
  • 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.