The Governorship Of CH
Posted: Thu Sep 13, 2018 10:30 am
I wrote this way back in February of this year to two colleagues who attended with me at a meeting with the HM and Business Manager.
I have redacted all names but thought you might like to see this below.
Can anyone answer my question who elects or appoints the Governors? How are they chosen?
Here below what I wrote:-
Hi (redacted)
Many thanks for your emails.
I have diverted from HM letters to look at the law concerning Governance in schools.
It's a bit of a minefield and there are distinct differences between 'Public' & 'State' schools.
However, the guidance is broadly the same and ALL current governors of any school what-so-ever must comply with certain laws.
A change was made to require current Governors of a school of any nature to take legal responsibility for their predecessors. However, this only applies when the governing council remains the same under the law. Thus what many schools have done is set up a new company (this can be a charity or foundation or an LTD company) and close the original organisation. This simply under law means that the failures of the old organisation do not pass to the new organisation i.e they do not have to take on any responsibility for historical issues.
However, (again) CH is a Crown Foundation under two charters and whilst they have split the basis of the school into the original foundation whilst setting up a new 'School Charity' they have been unable to close the original Foundation Charity - this can only be done by the Crown and requires a 'Petition to the Crown' which they can bring but would almost certainly not succeed. An 'Old Blue' however, might succeed.
OK, so there are also certain rules and requirements of Governors of 'any school' which must be met.
Diversity in the Governorship is a key point as is a 'leader of the Governing Council and/or Trustees' - this person must be in the post (situ) at all times or replaced and if this can not be done an acting Leader of the Council of Governors and Trustees must be appointed. If no one comes forward to take on the post then the 'entire board must resign' and a new board appointed under the direction of the 'Head and departmental representatives within the school'.
The reason that I am sending you this is firstly I don't think 'diversity' requirements are being met ( I need to really look into this) and secondly I have a serious question with regards to (redacted) (I think he has gone).
I'll update you shortly on this but (redacted) it raises some questions as to your comment 'would anyone of us 'non-elite' want to be a governor. Well, perhaps not but were we asked? How do they select the Governors?
I'll come back to you on all of this as soon as I can - it will be integral to the meeting.
Cheers
Rob
The point about diversity is I believe critical as when writing this of the 15 Governors on the Council representing a 50/50 gender pupil split, only two were women. Of the balance, in background, one had a legal background, one had an interest in music but both that one and all of the others were finance based. No one representing the Performing Arts, Science, Sport, Health, the Environment and so on.
I have been assured that they are changing this - well we will see.
I have redacted all names but thought you might like to see this below.
Can anyone answer my question who elects or appoints the Governors? How are they chosen?
Here below what I wrote:-
Hi (redacted)
Many thanks for your emails.
I have diverted from HM letters to look at the law concerning Governance in schools.
It's a bit of a minefield and there are distinct differences between 'Public' & 'State' schools.
However, the guidance is broadly the same and ALL current governors of any school what-so-ever must comply with certain laws.
A change was made to require current Governors of a school of any nature to take legal responsibility for their predecessors. However, this only applies when the governing council remains the same under the law. Thus what many schools have done is set up a new company (this can be a charity or foundation or an LTD company) and close the original organisation. This simply under law means that the failures of the old organisation do not pass to the new organisation i.e they do not have to take on any responsibility for historical issues.
However, (again) CH is a Crown Foundation under two charters and whilst they have split the basis of the school into the original foundation whilst setting up a new 'School Charity' they have been unable to close the original Foundation Charity - this can only be done by the Crown and requires a 'Petition to the Crown' which they can bring but would almost certainly not succeed. An 'Old Blue' however, might succeed.
OK, so there are also certain rules and requirements of Governors of 'any school' which must be met.
Diversity in the Governorship is a key point as is a 'leader of the Governing Council and/or Trustees' - this person must be in the post (situ) at all times or replaced and if this can not be done an acting Leader of the Council of Governors and Trustees must be appointed. If no one comes forward to take on the post then the 'entire board must resign' and a new board appointed under the direction of the 'Head and departmental representatives within the school'.
The reason that I am sending you this is firstly I don't think 'diversity' requirements are being met ( I need to really look into this) and secondly I have a serious question with regards to (redacted) (I think he has gone).
I'll update you shortly on this but (redacted) it raises some questions as to your comment 'would anyone of us 'non-elite' want to be a governor. Well, perhaps not but were we asked? How do they select the Governors?
I'll come back to you on all of this as soon as I can - it will be integral to the meeting.
Cheers
Rob
The point about diversity is I believe critical as when writing this of the 15 Governors on the Council representing a 50/50 gender pupil split, only two were women. Of the balance, in background, one had a legal background, one had an interest in music but both that one and all of the others were finance based. No one representing the Performing Arts, Science, Sport, Health, the Environment and so on.
I have been assured that they are changing this - well we will see.