GOVERNORS GUIDE ON THE ROLE OF THE CHAIR FEBRUARY 2016 (Revision 2)
The Role of the Chair Contents Page 1. Introduction 3 2. The role of the governing body 3 3. The role of the chair 4 - Organising the governing body s work - Can the chair act alone? 4. Becoming a chair 5 5. Removal of the chair 6 6. The chair s relationship with the headteacher 6 - Confidentiality - The worklife balance of the headteacher - Frequency of meetings - An agenda - Sharing information with the governing body 7. The chair and the governing body 9 - Team effectiveness 8. Working with the clerk 10 9. Supporting governor development / training 11 - Making the most of individuals - Recruiting and inducting new governors 10. Leadership styles of the chair 13 11. Leading and managing the work of the governing body 13 - How many committees - Planning a strategic framework 12. Making meetings effective 16 - Sometimes there will be challenging situations 13. Effective minutes 17 14. Liaising with other agencies to support school improvement 18 15. Other duties 18 16. To conclude 20 Bibliography and useful website links 20 Contact details Tel: 029 2073 1546 Helpline: 0845 60 20 100 E-mail: contact@governorswales.org.uk Website: www.governors.wales 2
1. INTRODUCTION This guide focuses on the responsibilities of the chair of the governing body. The principles and law set out in this Guide also apply to vice chairs (if they take over as chair in the absence of the chair), and chairs of committees. The chair of the governing body is elected annually. He/she plays a key role in ensuring the effectiveness of the governing body. This guide provides a detailed account of this important role, whilst at the same time setting it in the context of the overall responsibilities of the governing body. Relevant Governors Wales publications are indicated throughout this document, in particular: The Handbook for School Governors in Wales http://www.governors.wales/handbook/ Governor Guide on The Effective Governing Body (Parts 1 3) http://www.governors.wales/publications/2009/04/27/governor-guide-effective-governing-bodies/ Fact File 01/09 - The Critical Friend http://www.governors.wales/publications/2009/03/16/01-09-critical-friend/ School Governors Guide to the Law http://gov.wales/topics/educationandskills/schoolshome/fundingschools/schoolgovernance/schoolgovguide/?skip=1&lang=en 2. THE ROLE OF THE GOVERNING BODY The governing body s main roles are to establish a strategic framework for the school and to regularly review the progress made. The governing body should fulfil its strategic role by taking three key actions: agreeing aims and objectives for the school; determining policies for the school to achieve those aims and objectives; setting targets by which they can measure progress towards the aims and objectives. It is very important that the governing body monitors and evaluates the progress of the school. To do this successfully they need to act as a critical friend to the headteacher. 3
3. THE ROLE OF THE CHAIR The chair s role is to: give a clear lead in organising the governing body s work; ensure all governors are fully informed and involved in meetings; ensure that the governing body works as a team; make good use of the skills and expertise of members; manage meetings effectively; maintain an effective relationship with the headteacher; liaise with other agencies to support school improvement. Organising the governing body s work The chair of governors has a key role to play in helping the governing body work as a team to challenge, support and contribute to the strategic leadership of the school. The chair should: have a clear understanding of the role and responsibilities of the governing body; share a vision for the school and know how that vision is to be achieved. The chair works with others to ensure that a strategic partnership exists between the governing body and the staff of the school. The school s leadership team and the governing body have different but complementary roles and responsibilities for the strategic direction and the success of the school. Where these are well understood, a climate of respect, co-operation and trust prevails. Where relationships are good, governors are motivated, their strengths and individual contributions are used effectively, there is an open dialogue about strengths and weaknesses and the school is effectively challenged and supported. For further information on the role of the governing body and the headteacher, refer to The School Government (Terms of Reference) (Wales) Regulations 2000 1. Can the chair act alone? Whilst the chair of a governing body is elected to lead the team of governors, his/her individual authority extends no further than that delegated to him/her by the governing body. The chair may act alone only in the case of an urgent matter, where to delay would be seriously detrimental to: the interests of the school; any pupil at the school; their parents/carers; or a person who works at the school. When such action has been taken, the chair must report his/her actions to the governing body at the earliest opportunity. 1 http://www.legislation.gov.uk/wsi/2000/3027/contents/made 4
The chair cannot take decisions on behalf of the governing body on matters relating to: categories of governors; constitution of governing bodies; removal of governors; instruments of government; election and removal of chair and vice chair; appointment and removal of the clerk to the governing body; suspension of governors; delegation of functions; establishment of committees; headteacher and deputy head teacher selection panels; alteration or discontinuance of maintained schools; change of category of maintained schools; approval to the first formal budget plan of the financial year; school discipline policies; the determination of admission arrangements; school attendance targets; school attendance orders; appeals against a decision of the local authority to admit a child and referral to the Assembly in respect of a direction made by the local education authority to admit a child; or the functions that must be delegated to the committees specified in regulations 55 to 57 of The Government of Maintained Schools (Wales) Regulations 2005. 2 4. BECOMING A CHAIR The governing body must elect a chair at the first meeting of the governing body in the autumn term. If the election is contested a secret ballot must be held. A governor who is paid to work at the school (in any capacity), or who is a pupil of the school is not eligible to be elected as chair of the governing body. The clerk to the governing body is to act as chair during that part of any meeting at which the chair is to be elected. Regulation 42 of The Government of Maintained Schools (Wales) Regulations 2005 makes it clear that the clerk cannot be a governor; therefore the clerk does not have a vote. The persons elected as chair or vice-chair will hold office until their successors are appointed under this regulation. They may resign at any time by giving notice in writing to the clerk to the governing body or may be removed in line with the process described below. The chair will cease to hold office when he or she ceases to be a governor or if they are paid to work at the school. 2 Regulation 51 (1) and (2) of The Government of Maintained Schools (Wales) Regulations 2005 http://www.legislation.gov.uk/wsi/2005/2914/contents/made 5
5. REMOVAL OF THE CHAIR The governing body can, by formal resolution, remove the chair from office (see Regulation 41 of The Government of Maintained Schools (Wales) Regulations 2005). A resolution to remove the chair must be listed as an agenda item for a governing body meeting and the agenda must be circulated to governing body members at least seven days in advance of the meeting. The governor(s) proposing the removal must state their reasons for doing so at the meeting and the chair must be given the opportunity to make a statement in response before withdrawing from the meeting and before a vote is taken on the proposal. The chair will be replaced where the Welsh Ministers decide to appoint additional governors and make one of them the chair under Section 18 of the School Standards and Framework Act 1998. This may occur where a school has been found to require special measures or significant improvement. If a replacement chair is appointed in this way they cannot be removed in the manner outlined in the above paragraphs. 6. THE CHAIR S RELATIONSHIP WITH THE HEADTEACHER The effectiveness of the relationship between the chair and the headteacher is important in establishing a successful partnership between the governing body and the staff of the school. In developing a relationship with the headteacher, the chair needs to be mindful of the limits of his/her powers and must not be drawn into decision-making at the expense of the corporate nature of the governing body. It is the chair s responsibility to establish and foster an effective relationship with the headteacher based on trust and mutual respect for each other s roles. The chair has an important role in ensuring the governing body acts as both a sounding board to the headteacher and provides strategic direction. An effective chair is able to listen and ask appropriate questions. Both the chair and the headteacher will be aware that the chair has the responsibility to support and challenge and that the priority is to hold the school to account for the standards achieved by its pupils. Confidentiality The chair should give careful thought to information that is deemed to be confidential. This will often entail a discussion with the headteacher who should determine what, how, when and where this should be shared with the governing body. Some issues discussed by the chair and the headteacher may need to remain confidential. These might include personal confidences; ideas shared at an early stage of development; confidential issues about pupils, parents or staff where the headteacher is using the chair as a sounding board. 6
The following might form the basis for an initial discussion between the chair and headteacher: accepting one another s strengths and weaknesses; being discreet and not breaking confidences; being honest with one another; respecting one another; trusting one another; sharing responsibilities and workloads; accepting the need to follow agreed practices; being loyal to the school. Building a relationship is a two-way process. Planning and preparation on both sides can ensure that early meetings go smoothly. The chair and headteacher will need to think about the areas that would be useful to cover in the initial meetings e.g.: identifying the priorities for the school on which they will work together; establishing the style and pattern of meetings; and establishing a pattern for the work of the governing body for the coming year. If the relationship between the chair and the headteacher is a new one, the headteacher may also want to ask the chair the following questions, such as: What do you see as your role? What is your understanding of the aims and ethos of the school? What s your commitment to this role? When are you available and how much time can you give to meetings? Where do you or would go for advice and support? What is your view on confidentiality? What other roles do you play in the community? What skills do you have? How are you going to fulfil your role as critical friend? What do you want from me? The work-life balance of the headteacher The governing body is responsible for ensuring that the headteacher has a reasonable workload in support of a reasonable worklife balance, having regard for health and welfare and providing headteachers with dedicated time that recognises their significant leadership responsibilities for the school. School improvement is intrinsically linked to the worklife balance of all of the staff. To this end it is vital that headteachers are seen to model a healthy worklife balance. 7
Limiting unnecessary stress, working a reasonable number of hours and meeting the demands of the role whilst maintaining a personal life, produces an effective leader. The relationships between the headteacher, the chair of governors and the governing body is of vital importance. In particular the development of a culture of mutual trust between the headteacher and the chair can have powerful effect on the wellbeing of the headteacher. Frequency of meetings The chair s relationship with the headteacher and the frequency of their meetings may differ depending on: personalities; the size and phase of the school; the issues facing the school; the time commitments of both the headteacher and the chair; whether the chair or the headteacher are new to the role; work and other commitments; whether the school is preparing for an inspection; any urgent issues facing the school. Some chairs and headteachers like to commit to a regular meeting once a week or once a fortnight. Others are happy to meet on an ad hoc basis as the need arises. Chairs and headteachers will also be in regular contact by telephone or email. An agenda It may be helpful to have an agenda to assist in discussions with the headteacher. A record of the meeting will also enable the chair and the headteacher to reflect afterwards and decide what should be shared with the governing body. Sharing information with the governing body These meetings with the headteacher enable the chair to both keep up to date with school business and to improve the work of the governing body. For example, finding out what pressing items need to go on the next agenda for a full meeting of the governing body. One of the great benefits of having an effective chair is that it provides the headteacher with someone to test out ideas and proposals. In addition to supporting the headteacher in carrying out his/her role, the chair also ensures that the governing body fulfils its critical friend role effectively. 8
7. THE CHAIR AND THE GOVERNING BODY Whilst the chair is an equal member of the governing body, he/she plays a significant role in ensuring that the governing body works effectively. (For further information, refer to Governor Guide on The Effective Governing Body). Most teams work more effectively when they have an effective leader. An effective chair will ensure that the governing body and its committees work together to agree a strategic direction for the school, act as the critical friend, ensure accountability for the standards achieved and the quality of education provided. In this way the governing body can maintain and improve the educational opportunities provided for its pupils. To do this, the chair will need to develop a good knowledge of the school, understand and share its values and vision and have a clear view of its priorities for improvement. The chair leads the governing body in supporting the school to achieve its agreed targets by focusing meetings on strategies for school improvement. The implementation of day-to-day plans and policies are the responsibility of the headteacher and the staff. Each governing body decides how it will work, and the roles that its members will play. Although the chair has little power, he/she can have a great deal of influence. How the chair leads the team affects all its members. Chairs can make an influential contribution to the governing body by simply being well organised and understanding how effectively the governing body is working. Team effectiveness The governing body is made up of members who have either been elected or nominated. Membership of the governing body changes from time to time. The challenge for the chair is to get the governing body to fulfil its role as effectively as possible. Sometimes the team will have a balance of skills and experience and at other times it will be less well balanced. This does not mean that such a team cannot work effectively. It is very useful for a chair to understand what makes an effective team so that he/she can encourage team spirit. He or she should try to ensure that:- there is a good range of skills, experience and knowledge amongst team members that they are willing to contribute and share; individual and team knowledge and skills are continually updated through training and information sharing; specialist knowledge is developed to ensure it is not lost when people leave; workload is shared and different people take a leadership role when their particular skill and expertise warrants it; members challenge each other in a constructive way disagreements are handled positively; there is open discussion and everyone s views and opinions are respected and valued; there is group responsibility for decisions and actions that are taken. No-one acts on behalf of the team without the team s permission there is one face to the community; the team systematically reviews its own effectiveness and efficiency Did we do the right things? Did we do the right things well? and What do we need to change to do better? 9
8. WORKING WITH THE CLERK Building a good working relationship with the clerk will be essential for the chair. The chair can support the clerk in the following ways: ensuring that the clerk has attended training for the role 3 ; encouraging the clerk to attend LA briefings for clerks / meetings and seek information from the Welsh Government, Governors Wales and the Local Authority; working closely with the clerk to ensure the governing body is well informed. By working together, the chair and the clerk will ensure that: meeting dates and times are agreed by the governing body; a yearly timetable of meetings is agreed at the first meeting of the governing body; papers are sent in advance of the meeting and not tabled at the meeting; all papers are prepared for meetings including the statutory committee meetings; all relevant papers are circulated five days (or seven days for certain issues) 4 in advance of meetings. By working with the headteacher and the clerk, the chair will ensure that: all agenda items are clearly set out; items are set out in an order which will allow sufficient time for discussing important matters; there are no surprises for the chair in the headteacher s report; items focus on school improvement, in particular the strategic, accountable and critical friend role; committee chairs are encouraged to follow the same procedures. The chair is responsible for the agenda and the order of items on it. It is not good practice to consider items if there has been insufficient preparation and essential information has not been gathered and considered beforehand. Items of urgency may be raised under Any other business providing this has been agreed by the chair prior to the meeting. All these considerations help ensure that meetings are well attended and run smoothly. 3 The Government of Maintained Schools (Clerk to Governing Body) (Wales) Regulations 2013 http://www.legislation.gov.uk/wsi/2013/2124/contents/made 4 Regulation 41 of The Government of Maintained Schools (Wales) Regulations 2005 10
9. SUPPORTING GOVERNOR DEVELOPMENT / TRAINING The chair has an influential role to play in encouraging members of the governing body to make the most of training and development opportunities. Regulations for governor training in Wales 5 came into force in September 2013 and cover the following areas: o Training for chairs of governors o Training for school governors on understanding school data o Induction training for governors The training for chairs of governors will support chairs to: i) have the required knowledge and understanding to fulfil their role effectively to support school improvement, raise standards of performance, ensure pupils wellbeing and improve the quality of education provided; ii) iii) iv) develop and enhance their understanding of the role of an effective Chair in leading the governing body; enhance their confidence and leadership skills and their ability to develop effective relationships with their headteacher, enabling them to offer both challenge and support to the school; be aware of national and local educational issues and their impact on governing bodies; and v) recognise the importance of training and the need to develop their skills and those of the governor body and take advantage of other training opportunities available to them. (Guidance documents issued detail the content of training programmes and also information on who has to undertake the mandatory training 6.) Attendance at governor training will make governors more confident and more able to participate in meetings. In addition to having an effective induction policy for new governors, a governing body will also want to ensure that it keeps itself up to date and well informed. As well as the mandatory training courses, there is a wide range of training and support available for school governors to assist them in carrying out their duties effectively. Governing bodies hold many responsibilities and the need, therefore, for training has never been greater, whether you are a new or experienced governor. Of course, training courses are not the only means of learning and gaining information. Other possibilities include: inviting someone from the school or the LA to give a presentation at a governing body meeting; organising a whole governing body training session; asking a member of the governing body to take responsibility for finding out about a new initiative and briefing the others; joining in a staff in-service development session; role-sharing and shadowing on the governing body to encourage the development of future chairs. 5 The Government of Maintained Schools (Training Requirements for Governors) (Wales) Regulations 2013 http://www.legislation.gov.uk/wsi/2013/2124/contents/made 6 http://gov.wales/topics/educationandskills/schoolshome/fundingschools/school-governance/mandatory-governorand-clerk-training/?skip=1&lang=en 11
Making the most of individuals The chair should encourage and support the induction and development of governors. While the chair needs to be aware of the need for these activities, he/she does not have to take the responsibility for carrying out all the actions required. These responsibilities can be delegated effectively. For some governing bodies it will be the clerk who informs the governing body of forthcoming vacancies and there may be a governor responsible for training (sometimes called the link governor) who will lead on induction and development. Sharing leadership is one way of making the most of individuals. We mentioned the role of the chair in encouraging individuals to develop their contribution to the governing body by gaining experience in a variety of roles. For example, it may be beneficial for governors to change committees at intervals to broaden their understanding of a range of school issues. The chair of a secondary governing body should ensure proper election of Associate governors, their particular training and their role in meetings. Recruiting and inducting new governors The governing body might wish to undertake the following when recruiting and inducting new governors: plan ahead to ensure that processes are put in place in good time, for example for the election of parent governors; identify governors who will be leaving in the near future so that you can plan for succession; develop opportunities for governors to work alongside others to share and develop skills which might encourage them to take on particular roles in the future, such as chairing a committee; ask for suggestions on how to recruit governors; encourage the governing body to recruit volunteers and actively contribute to the process of marketing the school ; request the clerk to ask for support from the relevant LA officers; establish links with the community and be on the lookout for possible volunteers; invite people to join committees as associate members to introduce additional knowledge and skills and as a way of introducing them to the governing body as potential future governors. Becoming a new governor is a challenge! Consider the range of information a new governor needs to acquire: the role of the governing body and how it conducts its business; what is expected of them as an individual and how they will contribute; knowledge about the school and how it operates; knowledge of the staff and pupils achievements; the school s strengths and areas for development; the national educational agenda; the expectations of the LA. 12
Some new governors may find the amount of information to be absorbed is daunting. They may not have had close contact with schools for some time and may not have previously served on committees. Apart from the mandatory training, one way of ensuring that all governors are assisted in taking up their role effectively, is to have a good induction policy. If the governing body has an induction policy or process, how long is it since it was reviewed and does it meet the needs of new governors? What can the chair do to make new governors feel welcome? 10. LEADERSHIP STYLES OF THE CHAIR A chair demonstrates good leadership by: showing commitment and enthusiasm and motivating others; working with the headteacher to create a climate of trust and openness; ensuring that agendas deal with priorities; managing meetings to ensure that the business of the governing body is dealt with efficiently and effectively; taking action to ensure that corporate decisions are made and recorded; encouraging the development of skills in others; encouraging the contribution of individuals; taking initiative to move discussions forward; using tact and diplomacy to get over difficulties; asking challenging questions 11. LEADING AND MANAGING THE WORK OF THE GOVERNING BODY In order to lead the governing body effectively, the work of the governing body needs to be closely linked to the school self-evaluation report and the school development plan. The governing body has a number of school leadership and management issues to consider and approve on an annual cycle, as well as new initiatives and regulations. There may also be urgent and important issues for the governing body to consider. The chair assists the governing body in its work by ensuring that: meetings are scheduled to link with the school development plan, enabling important judgements and decisions to be made at the right time; the schedule of meetings and the topics under discussion enable the headteacher to consult and inform the governing body in a systematic way about the development and implementation of school policies and plans, and other education initiatives. The chair also has a role to play in planning, organising and chairing meetings so that: agenda items are focused on strategic school improvement issues; necessary information is circulated in advance; there is adequate time for discussion of important items; all governors have an opportunity to contribute and decision making processes are clear; accurate minutes are kept. 13
How many committees? Many governing bodies view the setting up of a committee structure as an effective way of achieving the governing body s work. Some governing bodies will prefer to deal with all their work in full meetings of the governing body. The governing body must have the following statutory committees: Staff disciplinary and dismissal committee; Staff disciplinary and dismissal appeals committee; Pupil discipline and exclusions committee; Admissions committee (only where the governing body is the admissions authority for that school), e.g. Foundation and Voluntary-Aided Schools. The governing body must have procedures in place for the following: Complaints; Headteacher and Deputy head selection panel; Headteacher Performance Management Appraisers and Appeal Appraiser(s); Pay review and pay review appeals; Grievance and Grievance appeals; Capability and Capability appeals. In deciding its committee structures, the governing body will need to be familiar with the regulations. There are a number of documents which provide background knowledge on decision making and what decisions can be delegated and to whom. The School Governors Guide to the Law http://gov.wales/topics/educationandskills/schoolshome/fundingschools/schoolgovernance/schoolgovguide/?skip=1&lang=en The Handbook for School Governors in Wales http://www.governors.wales/handbook/ The Government of Maintained Schools (Wales) Regulations 2005 http://www.legislation.gov.uk/wsi/2005/2914/contents/made When considering the number of committees to have, the governing body might need to consider whether there are enough members of the governing body to serve on committees without overburdening individuals. If important decisions are delegated to committees, experience and expertise need to be spread among the committees. If there are a number of committees, are their terms of reference clear and do they report back to the governing body? 14
All committees should be chaired. Having a number of committees increases the opportunities for individuals to develop skills in chairing, but the governing body will also need to consider the following: are there enough people to chair committees and to clerk them; what support do these people need and who will give it to them; who will clerk the meetings as full minutes must be produced for each committee meeting; if you only have a small number of committees, is too much influence placed in the hands of a few governors? When reviewing the structure of your governing body, consideration should be given to whether working parties may occasionally be set up to take on specific tasks. For further information, refer to the Governor Guide on Model Committee Structure and Example Terms of Reference http://www.governors.wales/publications/2013/04/23/model-governing-body-committee-structure/ Planning a strategic framework One of the ways in which the chair can support the work of the governing body is to think about the tasks it needs to undertake over the course of a year and to ensure that there is an agreed schedule on collection of activities (refer to planning schedule). Some of the items to be included on the agenda for meetings are related to the statutory responsibilities of the governing body such as strategic planning, monitoring and evaluating the achievement of agreed objectives from the school development plan and school self-evaluation report. Having a good strategic framework helps to ensure that the governing body consider evidence on a systematic basis to decide in advance when and how it will be gathered and by whom. In order to guide the governing body the chair will need to: develop an awareness of the school s priorities for improvement so that agendas are well focused on what needs to improve; be aware of the school, local and national initiatives that need to be considered by the governing body; consider how to make the best use of governing body time and effort; plan ahead so that the governing body does not fall into the trap of being reactive and making hasty decisions; be prepared to adjust plans. The Governing Body Calendar in Part 2, Section 10 of the Handbook for School Governors in Wales may be a useful starting point. 15
12. MAKING MEETINGS EFFECTIVE Working with the headteacher and the clerk, the chair will ensure that the cycle of meetings of the full governing body and its committees is linked with the school s planning cycles so that information is considered and necessary decisions are made at appropriate times. For example, the finance committee, if there is one, should meet before the budget needs to be finalised in order to make recommendations to the full governing body. The chair should ensure that meetings are run effectively in accordance with legal requirements as set out in the School Governors Guide to the Law (Chapter 4). He/she should make the best use of time available and ensure that all members have an opportunity to participate in discussions and decision-making. Chairing a meeting is a skill, but one that can be developed. Every chair will operate in a different way. Governing body meetings need not be overly formal. The management of the meetings must be business-like and there are steps that can be taken to make sure that meetings run smoothly. For example: governors receive all the information they need in advance of the meeting; the agenda is completed; all members have the opportunity to participate; the governing body understands what has been achieved. The governing body should have clear, agreed decision-making processes. These should include the following: decisions are only valid when 50% of the agreed membership are present; decisions are made by a majority vote; if there is no clear majority, the chair has a second, casting vote; the chair may look for consensus rather than hold a formal vote, but needs to recognise that when voting occurs, the members of the governing body accept a majority decision. The role of the chair is to: ensure governors understand the decisions that have been agreed; remind governors that decisions they take are corporate and must be supported, even if they did not personally agree with the decision. Here is a checklist that identifies good practice in managing effective meetings: focus on the problem, not the person; listen actively to what others have to say; respect others opinions and values; be constructive and positive; summarise the issues; stick to the time contract (may mean postponing agenda items to another meeting); learn from past performance, but put the main focus on the future; one meeting at a time pay respect to the current speaker; take one-to-one issues outside the meeting and report back any decisions taken (e.g. those issues that can be resolved by individuals or by committee decisions). It is often useful to spend a few minutes at the end of a meeting to note the participants benefits and concerns. Was the meeting a good use of time? What was good about it? What needs to be improved? 16
Remember that the purpose of meetings is to give the governing body the opportunity to give strategic direction to the school, to act as a critical friend and to challenge and support the school in achieving its goals and objectives. Sometimes there will be challenging situations Even the best planned meetings do not always run smoothly. Governors take their responsibilities for the school very seriously and there may be occasions when they do not agree. Strongly held views are sometimes expressed in strong terms. In meetings and outside them, governors, the headteacher and staff may turn to the chair to express their concerns. Conflict can also be an inevitable part of decision making. When governors have strong views on particular issues, the chair has to manage the situation carefully so that relationships are not damaged and the group is not prevented from making a corporate decision. 13. EFFECTIVE MINUTES Every meeting of the governing body and of committees must be clerked and minutes taken. Minutes are a record of the way in which the governing body has discharged its responsibilities. When Estyn inspectors look for evidence that the governing body has asked challenging questions they expect to find these recorded in the minutes. The governing body must have access to an accurate record of all discussions and decisions. The chair has a role to play in ensuring that the minutes of governing body meetings serve as an accurate record. The chair can do this by: listening carefully to the discussion; summing up the key points to aid the clerk in recording the discussion; ensuring that the governing body has agreed a decision; wording decisions clearly to aid the clerk in recording. The chair also ensures that chairs of committees work in the same way with their clerks. Although the clerk takes the minutes of meetings and should ensure they are accurate, it is the chair who is responsible for their accuracy. It is the chair s role to ensure that: minutes are checked as soon after a meeting as possible to ensure they present an accurate record of discussions and decisions; appropriate action is taken if the minutes are not adequate; the clerk has access to training if this is required; minutes are circulated to governors within the timescale agreed by the governing body; a signed and dated copy is made available for inspection by those people requesting to see them (minutes can be made public once the chair has signed the draft for circulation to the governing body). As chair, you should be aware of confidential items. For example, where a member of staff or a pupil is named at a meeting, the item should be deemed confidential in the agenda and the minutes. There may also be a need to ask for confidentiality if issues are raised that might cause sensitivity in the community. Confidentiality is a matter of not talking about something outside the meeting until the time is right to share the issue more widely. The chair is responsible for ensuring that the governing body makes a decision about whether an item is confidential and that the agenda and minutes indicate when a matter is confidential. Confidential items should be minuted separately and marked as Part 2 of the minutes. 17
14. LIAISING WITH OTHER AGENCIES TO SUPPORT SCHOOL IMPROVEMENT The chair also has a role to play in representing the governing body with a range of stakeholders who share an interest in the success of the school. These may include staff, pupils, parents, the local authority, the diocesan authority (where appropriate), the local community (including other schools) and other local and national agencies including the Welsh Government and Estyn. 15. OTHER DUTIES There are other statutory duties that the chair has to undertake if required: Allegations of misconduct against the headteacher If an allegation of misconduct is made against the headteacher, the school s procedures need to provide for the matter to be brought to the attention of the chair of governors. He/she would need to act in accordance with the arrangements set out in the school s disciplinary procedure. Refer to Welsh Government Circular Guidance 002-2013 on Guidance for schools and local authorities on implementing effective staff disciplinary and dismissal procedures. http://gov.wales/topics/educationandskills/publications/guidance/staff-disciplinary-anddismissal/?skip=1&lang=en Performance of headteacher If the LA has serious concerns about the performance of the headteacher it must make a written report to the chair of governors, and the chair must notify the authority in writing of the action he or she proposes to take in the light of the report. Equally, if the governing body has concerns regarding the performance of the headteacher, it will be the chair who will take the lead in commencing the capability procedure with the headteacher. Capability procedures usually contain three stages: Stage 1 Informal stage. This will include putting in a place a support plan Stage 2 Formal stage. This will include a support plan, and the issuing of warnings Stage 3 Referral to the Staff disciplinary and dismissal committee Throughout this process, the chair will receive advice and support from both LA and Regional consortia representatives. Refer to Welsh Government Guidance 153-204 on Capability of Headteachers - guidance for schools. http://gov.wales/topics/educationandskills/schoolshome/fundingschools/schoolgovernance/capability-of-headteachers-guidance-for-schools/?lang=en School characteristics and Inspection The chair of governors in conjunction with the headteacher has to agree the text of the passage describing the school s characteristics in the report of an inspection of the school carried out by Estyn. The chair may also be interviewed by the Reporting Inspector during the inspection of the school, and will be invited to attend the verbal feedback at the end of the inspection. 18
Performance management of headteacher Current arrangements for the performance management of teachers in Wales are contained in: The School Teacher Appraisal (Wales) Regulations 2011 http://www.legislation.gov.uk/wsi/2011/2940/contents/made The School Government (Terms of Reference) (Wales) Regulations 2000 as amended by The School Government (Terms of Reference) (Wales) (Amendment) Regulations 2002. http://www.legislation.gov.uk/wsi/2000/3027/contents/made http://www.legislation.gov.uk/wsi/2002/1396/contents/made Welsh Government Guidance Document 074/2012 - Performance Management of Headteachers http://learning.gov.wales/docs/learningwales/publications/120510performheaden.pdf The regulations require the governing body of a school to establish a performance management policy and to ensure that the performance of all teachers at the school is reviewed annually. The chair of governors must: act as the appeals officer for appeals from the headteacher (providing he or she has not been involved in the performance review), and for teachers where the head teacher took part in the review; provide any appeals officer and adviser specifically designated by the chief education officer to be responsible for advising about, or taking decisions in relation to, the performance of headteachers a copy of the performance review statement and with the objectives relating to that statement within 5 school days of the governing body receiving notice of an appeal; provide a copy of the headteachers statement of objectives to Estyn on request; and provide a copy of the annex to the headteachers appraisal statement to the person responsible for planning the training and development at the school. Complaints about the headteacher If a complaint is received against the headteacher it should be referred to the chair of governors. The governing body s procedure may set out an arrangement for the chair to delegate investigation of the complaint to the vice-chair or to a designated governor. On receipt of a complaint about the headteacher the chair should: check whether the matter is properly for consideration under the complaints procedure; check whether the matter needs to be referred to other authorities such as the police and/or social services; consider whether he/she needs to delegate consideration to another member of the governing body in the light of any prior involvement by the chair in the matter, or the relationship the chair has with the headteacher. Refer to Welsh Government Circular Guidance 11/2012 School Governing Body Complaints Procedures. http://gov.wales/topics/educationandskills/publications/circulars/schoolcomplaints/?skip=1&lang=e n 19
16. To conclude: few powers are given to the chair as an individual; only rarely can the chair act without the permission of the governing body, if urgent action is required; the chair is accountable to the governing body; the headteacher is not accountable to the chair but to the governing body; the chair s relationship with the headteacher assists the work of the governing body and does not exclude it; the chair influences the climate in which the headteacher works with the governing body; the purpose of the relationship is to enhance school effectiveness. Additional information and website links Governors Wales: To see the latest publications produced by Governors Wales http://www.governors.wales/advice/ Publications from the Welsh Government - The School Governors Guide to the Law http://gov.wales/topics/educationandskills/schoolshome/fundingschools/schoolgovernance/schoolgovguide/?lang=en - Guidance on School Government (Terms of Reference) (Wales) Regulations 2000 NAFW Circular No. 34/2000 Regulations - The Government of Maintained Schools (Wales) Regulations 2005 http://www.legislation.gov.uk/wsi/2005/2914/contents/made - The School Government (Terms of Reference) (Wales) Regulations 2000 http://www.legislation.gov.uk/wsi/2000/3027/contents/made Estyn Detailed information and guidance about the inspection process can be found on: http://www.estyn.gov.uk/english/inspection/inspection-guidance/ Please note that this guide offers a summary of some of the main points on the role of the chair. It should be used in conjunction with detailed advice and support produced by your LA and diocesan authority where appropriate. Acknowlegement Some extracts have been amended from the Taking the Chair development programme authored by East Region Partnership and funded by the DCSF, the All Wales Centre for Governor Training and Research Governing Body Chair Training Programmes. 20