Governors FAQs - Warwickshire Web

Governors - Parners in School Leadership

Governors' Frequently Asked Questions

Q. What is the quorum needed for full governing body meetings?

A. The quorum for full governing body meetings is one-half (rounded up to a whole number) of the complete membership of the governing body, excluding vacancies. For example - if the full membership is 15, the quorum is 8; but if there are 3 vacancies, the quorum is 6 (one half of 12).

Q. What is the quorum needed for a committee meeting and vote?

A. The quorum for any committee meeting and for any vote must be 3 governors who are members of the committee. The committee can only vote if the majority of the committee members present are governors.

Q. As new governors are now asked to have an Enhanced CRB check, where do they get the form from and who arranges it?

A. The Clerk to the governing body will provide a new governor with an Enhanced CRB form which includes instructions on how the check is carried out. It then will be arranged for the new governor to take the completed form and evidence of identity (as detailed on the form) to the designated admin officer at the school who will complete the process and send the form to the CRB. The new governor and the school will receive notice from the CRB when the check has been carried out.

Q. Do new Staff governors have to complete an Enhanced CRB check?

A. If a new or re-appointed Staff governor has already undergone a CRB check as a member of staff, then they do not need to be checked as a governor provided the details of their check have been recorded on the school's Single Central Record.

Q. Who now is responsible for arranging the Enhanced CRB checks for Foundation governors?

A. New and re-appointed Foundation governors need to be checked via the school the same as for other categories of governor and recorded on the school's Single Central Record. Foundation governors will no longer be CRB checked separately by the Dioceses.

Q. Who is responsible for arranging the Enhanced CRB checks for LA governors?

A. New and re-appointed LA governors need to be checked via the school the same as for other categories of governor and recorded on the school's Single Central Record.

Q. Do Clerks to Governors have to have an Enhanced CRB check?

A. As employees, Clerks will be required to complete an Enhanced CRB Check sometime during the next four years, the same as for other staff at the school. The timing of this will depend on whether they have been checked before; for example, Clerks who have never had a CRB check before will be required to complete a check during the next two years. If a Clerk clerks more than one governing body, only one check will need to be carried out and the details then recorded at each school.

Q. When is it necessary for a governor, particularly a Staff Governor, to withdraw from governing body and committee meetings?

A. All governors have the same rights and responsibilities in respect of attendance at meetings and voting. This includes the obligation to withdraw from a meeting where there is a potential conflict of interest. Regulations provide that where one of the following applies, a governor must disclose the fact, withdraw from the meeting and not vote on the matter:

where there may be a conflict between the governor’s interests and those of the governing body;
where a fair hearing is required and there is any reasonable doubt of the ability of a governor to act impartially;
where a governor has a pecuniary interest in any matter to be discussed.
Regulations provide that a Staff Governor should not be treated as having a pecuniary interest provided that interest is no greater than the interest of the generality of staff paid to work at the school.

In addition, the Regulations prevent any person employed at the school (apart from the Headteacher) from being present during the discussion of or voting on any matter concerned with the pay and appraisal of any staff members including the Head's performance appraisal. This means that Staff Governors must always withdraw from the meeting and that this should be minuted. The Headteacher must withdraw and not vote in relation to his/her own performance appraisal. The Clerk to Governors is entitled to remain except where his/her own appointment, pay or conduct is being considered.

These rules for withdrawing from meetings apply whether the member of staff is a governor, associate member or observer. They also apply equally to full governing body and committee meetings. Any dispute on whether or not a person must withdraw from a meeting is decided by the other governors present at the meeting.

Q. Can a parent governor automatically be re-appointed at the end of his/her term of office if they wish to continue and still have a child at the school?

A. Parent governors are elected positions so, when a parent governor has completed his/her term of office, all the parents need to be informed and given an opportunity to fill the vacancy. The out-going parent governor can, of course, still be nominated if he/she has a child on roll at the school.

Q. What happens if only one parent is nominated - do the parents have to be asked again?

A. If only one parent is nominated to fill one vacancy, then that parent is 'deemed to be elected' and so fills the vacancy. (The appointment does not have to be agreed by the governing body). If only one parent is nominated and there is more than one vacancy, then that parent is 'deemed to be elected' to fill one of the places. The remaining vacancy or vacancies could then be notified to the parents again.

Q. What happens if no or too few parents come forward to fill parent governor vacancies?

A. If no or too few nominations are received by the closing date, the parents can be asked again, particularly encouraging them to find out more about being a parent governor by talking to another parent governor or to the Headteacher. If still no parents come forward, then the governing body can decide to appoint a parent governor instead - who must be a parent of a child on roll; or if that is not possible, a parent of a former pupil at the school; or if that is not possible, a parent of a school-age child.

Q. What is the period after which a governor can be disqualified for non-attendance?

A. Any governor may be disqualified for failing to attend the governing body meetings for six months, without the agreement of the other governors for their absence. The six months begins from the date of the first meeting which has been missed. If the governor sends apologies for absence, the governors present decide whether or not to accept the apology. If a governor is absent and does not send apologies, then this counts as not being agreed, i.e. if no apologies are received then they cannot be accepted.

However, governors don't have to wait for six months before doing anything at all. It is good practice to make contact with a governor who is regularly absent from governing body meetings, particularly if no apologies have been sent and they are not attending committee meetings either.

Q. Can a Headteacher or Staff Governor be Chair of a committee?

A. Under the current Regulations, a Headteacher or Staff Governor can be appointed as the Chair of a committee. However, they would have to withdraw and not vote if they had a conflict of interest or pecuniary interest in an agenda item. (see Guide to the Law Chapter 3 paragraph 66).

Q. Are the Register of Pecuniary/Business Interests and the Declaration of Interest at meetings the same thing?

A.

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Q.	*What is the quorum needed for full governing body meetings?*
A.	The quorum for full governing body meetings is one-half (rounded up to a whole number) of the complete membership of the governing body, excluding vacancies. For example - if the full membership is 15, the quorum is 8; but if there are 3 vacancies, the quorum is 6 (one half of 12).

Q.	*What is the quorum needed for a committee meeting and vote?*
A.	The quorum for any committee meeting and for any vote must be 3 governors who are members of the committee. The committee can only vote if the majority of the committee members present are governors.

Q.	*As new governors are now asked to have an Enhanced CRB check, where do they get the form from and who arranges it?*
A.	The Clerk to the governing body will provide a new governor with an Enhanced CRB form which includes instructions on how the check is carried out. It then will be arranged for the new governor to take the completed form and evidence of identity (as detailed on the form) to the designated admin officer at the school who will complete the process and send the form to the CRB. The new governor and the school will receive notice from the CRB when the check has been carried out.

Q.	*Do new Staff governors have to complete an Enhanced CRB check?*
A.	If a new or re-appointed Staff governor has already undergone a CRB check as a member of staff, then they do not need to be checked as a governor provided the details of their check have been recorded on the school's Single Central Record.

Q.	*Who now is responsible for arranging the Enhanced CRB checks for Foundation governors?*
A.	New and re-appointed Foundation governors need to be checked via the school the same as for other categories of governor and recorded on the school's Single Central Record. Foundation governors will no longer be CRB checked separately by the Dioceses.

Q.	*Who is responsible for arranging the Enhanced CRB checks for LA governors?*
A.	New and re-appointed LA governors need to be checked via the school the same as for other categories of governor and recorded on the school's Single Central Record.

Q.	*Do Clerks to Governors have to have an Enhanced CRB check?*
A.	As employees, Clerks will be required to complete an Enhanced CRB Check sometime during the next four years, the same as for other staff at the school. The timing of this will depend on whether they have been checked before; for example, Clerks who have never had a CRB check before will be required to complete a check during the next two years. If a Clerk clerks more than one governing body, only one check will need to be carried out and the details then recorded at each school.

Q.	*When is it necessary for a governor, particularly a Staff Governor, to withdraw from governing body and committee meetings?*
A.	All governors have the same rights and responsibilities in respect of attendance at meetings and voting. This includes the obligation to withdraw from a meeting where there is a potential conflict of interest. Regulations provide that where one of the following applies, a governor must disclose the fact, withdraw from the meeting and not vote on the matter: where there may be a conflict between the governor’s interests and those of the governing body; where a fair hearing is required and there is any reasonable doubt of the ability of a governor to act impartially; where a governor has a pecuniary interest in any matter to be discussed. Regulations provide that a Staff Governor should not be treated as having a pecuniary interest provided that interest is no greater than the interest of the generality of staff paid to work at the school. In addition, the Regulations prevent any person employed at the school (apart from the Headteacher) from being present during the discussion of or voting on any matter concerned with the pay and appraisal of any staff members including the Head's performance appraisal. This means that Staff Governors must always withdraw from the meeting and that this should be minuted. The Headteacher must withdraw and not vote in relation to his/her own performance appraisal. The Clerk to Governors is entitled to remain except where his/her own appointment, pay or conduct is being considered. These rules for withdrawing from meetings apply whether the member of staff is a governor, associate member or observer. They also apply equally to full governing body and committee meetings. Any dispute on whether or not a person must withdraw from a meeting is decided by the other governors present at the meeting.

Q.	*Can a parent governor automatically be re-appointed at the end of his/her term of office if they wish to continue and still have a child at the school?*
A.	Parent governors are elected positions so, when a parent governor has completed his/her term of office, all the parents need to be informed and given an opportunity to fill the vacancy. The out-going parent governor can, of course, still be nominated if he/she has a child on roll at the school.

Q.	*What happens if only one parent is nominated - do the parents have to be asked again?*
A.	If only one parent is nominated to fill one vacancy, then that parent is 'deemed to be elected' and so fills the vacancy. (The appointment does not have to be agreed by the governing body). If only one parent is nominated and there is more than one vacancy, then that parent is 'deemed to be elected' to fill one of the places. The remaining vacancy or vacancies could then be notified to the parents again.

Q.	*What happens if no or too few parents come forward to fill parent governor vacancies?*
A.	If no or too few nominations are received by the closing date, the parents can be asked again, particularly encouraging them to find out more about being a parent governor by talking to another parent governor or to the Headteacher. If still no parents come forward, then the governing body can decide to appoint a parent governor instead - who must be a parent of a child on roll; or if that is not possible, a parent of a former pupil at the school; or if that is not possible, a parent of a school-age child.

Q.	*What is the period after which a governor can be disqualified for non-attendance?*
A.	Any governor may be disqualified for failing to attend the governing body meetings for six months, without the agreement of the other governors for their absence. The six months begins from the date of the first meeting which has been missed. If the governor sends apologies for absence, the governors present decide whether or not to accept the apology. If a governor is absent and does not send apologies, then this counts as not being agreed, i.e. if no apologies are received then they cannot be accepted. However, governors don't have to wait for six months before doing anything at all. It is good practice to make contact with a governor who is regularly absent from governing body meetings, particularly if no apologies have been sent and they are not attending committee meetings either.

Q.	*Can a Headteacher or Staff Governor be Chair of a committee?*
A.	Under the current Regulations, a Headteacher or Staff Governor can be appointed as the Chair of a committee. However, they would have to withdraw and not vote if they had a conflict of interest or pecuniary interest in an agenda item. (see Guide to the Law Chapter 3 paragraph 66).

Q.	*Are the Register of Pecuniary/Business Interests and the Declaration of Interest at meetings the same thing?*
A.