Defence on behalf of Parc Lewis County Primary School

7/24/2019 Defence on behalf of Parc Lewis County Primary School

http://slidepdf.com/reader/full/defence-on-behalf-of-parc-lewis-county-primary-school 1/32

IN THE

CARDIFF

EMPLOYMENT TRIBUNAL

CASE NUMBER 1600801 2013

BETWEEN:-

MRJ BISHOP

Claimant

and

RHONDDA

CYNON TAF

COUNCIL

First Respondent

GOVERNING BODY OF PARC LEWIS COUNTY PRIMARY SCHOOL

Second Respondent

ALUN ROBERTS

Third Respondent

RESPONDENTS

SUBMISSIONS

FOR PRELIMINARY HEARING

18TH OCTOBER

2013

Background

1. The Claimant ls a Minor

Authority

Governor

of

Pare Lewis Primary School, a

school maintained by Rhondda Cynon Taf Council. The Claimant was Init ially

appointed

as

a

governor

on

1

October 2008

but

was subsequently disqualified

from office

for

failing

to

attend a meeting

for over

6

months;

his second term of

office began on 1 January 2012. The Claimant was sent an

appointment letter

and the Governors Code of Conduct, attached at Appendix

1

2. The Clalmant has brought proceedings against the three Respondents llsted

above claiming

that

he has suffered a

detriment

contrary

to

s.230

of

the

Employment Rights Act 1996 for whlstleblowing. Given

that

s.230 is an

interpretative provision the Respondents understand

that

the Claimant s clalm_ls

that

he has suffered a

detriment

contrary to s.47B(l) of the Employment Rights

Act 1996 (ERA).

3. The Respondents contend that that the Claimant is not a worker for the

purposes of

s.43K

of

the ERA . the Claimant is a School Governor - the

Respondent contends that he

Is

not an employee

nor

a worker, but a volunteer.

On this basis the Respondents argue

that

the Tribunal has no jurisdiction

to

consider the Claimant s complaint.

tar

m i;t

wsg3953\1

7 October 2013 isaacss



4. This Prel iminary Hearing has been ordered to consider the sole Issue

of

whether

the Claimant, as a Governor

of

Pare Lewis Primary School

Is

a worker for the

purposes

of

s.43K of the ERA.

Claimant s

argument

5. The only argument advanced by the Claimant in his claim form in support of his

contention that he should

be

treated

as

a worker

for

the purposes of s.43K is the

fact that he is an office holder ; this argument has been presented

as

follows:-

5 1 I

am an unpaid director

of

a

non for profit

social enterprise limited by guarantee

and do not have a written contract of employment. Because of section * of the

Employment Rights Act my

company has to take

out

indemnity insurance.

Under

that

section

I

have a contract of employment and am

an

employee even

though in the case

of

Income

tax

I

am not.

f

the company dismissed

or

suspended me on the same basis as the respondent then I would be able to

bring a claim against

my

company.

I

believe as a school governor the law

that

applies as a director should apply here.

he

Regulator will need to make a

decision as to admissibility.

6.

The Claimant has

not

specified the section upon which he relies in support of this

argument, despite expanding on this in his submission in advance of the

Case

Management Discussion in July.

7.

With respect

to

the Claimant s involvement,

or

engagement with the company

referred to (Crocels CMG CYF), this Issue

is

wholly Irrelevant to

the

current

proceedings. The issue to be determined Is nQ ; whether Crocels Is right to

insist/require the Claimant to have indemnity insurance by virtue of being an

office holder . That is a matter for Crocels and the Claimant. The Issue Is

whether the Claimant s Involvement with

the

Second Respondent

as

a governor

means that he is a worker for the purposes of s.4 7K

of

the

ERA.

tatutory Provisions

.

A specific legislative framework applies to the governance

of

schools in Wales.

Section 19(1)

of

the Education Act 2002 provides:-

9 Each maintained school shall have a governing body, which shall be a body

corporate constituted in accordance with regulations .

10. The applicable regulations in Wales are the Government

of

Maintained Schools

(Wales) Regulations 2005 (the Regulations).

11. These Regulations set

out

clearly the constitution of governing bodies of

maintained schools In Wales, which Includes categories

of

governors; the

appointment process for governors and their length

of

appointment; how

car_llbl 8593953\ 2

7 October 2013 lsaacss



governing body meetings are convened and procedures for the

removal/resignation of governors.

12. The Regulations do not define the role of a Governor. However,

it

is clear from

Part 4

of

the Regulations (entitled 'Qualifications and Tenure

of

Office')

that

a

governor holds office for a specific period of time (usually

4

years); he/she can

be

removed from office

at

any time In accordance with a specified procedure, or

can resign

at

will. There Is no reference In the Regulations to any

employment/workers rights which governors may hold by virtue of

their.

governorship (e.g. the provisions of s.98(2) of the ERA which sets out the fair

reasons for dismissal In law).

13 Some assistance can also be taken from The Staffing of Maintained Schools

(Wales) Regulations 2006 (the Staffing Regulations). These provide a

framework

for the

employment

(or

engagement

of

workers

other

than under

contracts of employment) of

staff

working at Schools in Wales. No reference

Is

made to the engagement of governors within these regulations, affording them

any rights thereunder.

14 The ERA does contain a provision which may assist

the

Tribunal with regard

to

the position of governors. Section 50 of the

ERA

provides employees with a

Right to time

off for

public duties

(my

emphasis). Whilst this is

not

directly

relevant to this

case

(given that the Claimant is not arguing that he

Is

an

employee), it does assist in terms of defining what is meant by a 'public duty'.

Section 50 provides

that

these duties include being justices of the peace and

councillors, as well as individuals who are members

of

a relevant education

body (ss.(2)(f)). A relevant education body is further defined

at

subsection

(9)

as:- (a) a managing

or

governing body of an educational establishment

maintained by a local authority....

A public duty therefore Includes membership

of

a governing body of a maintained primary school.

overnors Wales Welsh overnment guidance

15. Governors Wales, an Independent organisation funded by the Welsh Government

and Welsh Local Authorities, was established in 1995 to provide assistance to

School governors in Wales. Extracts from their website are attached at Appendix

2;

full copies of the documents referred to will be available for the Tribunal's

perusal at the hearing. I would specifically draw the Tribunal's attention to the

following sections:-

15.l Section entitled About Governors Wales - paragraph 3 recognises the

status

of

governors

as

volunteers:-

The work

of

Governors Wales

recognises

that

governors voluntarilv give ·their time ... ;

15.2 Factfile entitled 'The Role

of

the School Governor'; the first paragraph of

this fact file provides that governors give their

time, skills and expertise

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3

7 October 2013 isaacss



in a voluntary capadty. to help their schools ... ;

page 2 of the same

document similarly states that a governor

Is

a 'volunteer';

15.3 Handbook for Governors in Schools In Wales: this document provides on

.page 4 that:-

A governor.is someone who:-

•

Is a volunteer:

• cares about teaching, learning and chlldreni

• represents those people with a key interest in the school, including

parents, staff, the local community and the LAi

•

Is

part

of

a team which accepts responsibility

for

everything a

school does;

• has time to commit to meetings and other occasions when needed;

• s

willing to learn;

• Is able to act as a friend who supports the school but is

st/11

able to

cast a critical eye upon how the school works and the standard

t

achfevesi

• acts

as

a link between parents, the local community, the

LA

and

the school.'

15.4 Page 14 makes it clear

that

no payment can be made to governors;

15.5

Page

30 also states under the heading The Welsh Government :-

The thousands

of

governors serving on the governing bodies

of

schools have

been described as

..

an unpaid army

of v o l u n t e e r s ~

Governors are volunteers

and discharge their responsibilities without payment. They are responsible for

ensuring

that

Welsh Government po/ides for schools are implemented locally and

must discharge

their

duties with regard to UK legislation.

15.6 The Welsh Government website on School Governors (Appendix 3) also states

on

its front page that

;-

A

governor ls a volunteer who cares about teaching,

learning and c h i l d r e n ~

Position

of

Workers and Volunteers S 478

of

the ER

16. In order for the Tribunal

to

have jurisdiction

to

hear such a complaint, the

Claimant must demonstrate that his volunteer status means that he Is a 'worker'

within the extended defini tion of a worker set

out

at s.43K of ERA

caUlbl 859 95 \l

4

7 October 2 13 lsaacss



17. s stated in the Response Form, there

is

no single statutory definition of a

volunteer. The Police Act 1997 {Criminal Records) Regulations 2002 (which

provide

for

criminal record checks) define a volunteer as:

17.1

a

person engaged in an

ctivity

which Involves spending time, unpaid (except

for travel nd

other out

of pocket expenses), doing something which aims to

benef it some

third

p rty

other

than

or

in addition to a close relative (regulation

2 .

18. In contrast, a worker

is

defined

by

section 230(3) of ER as:

an individual who

has

entered into or works under {or, where the employment

has ceased, worked under) -

{a) a contract

of

employment; or

(b) any other contract, whether express or Implied and (if It

Is

express)

whether oral or

n

writing, whereby the Individual undertakes to do or

perform personally any work or services for another party to the contract

whose status

Is

not by virtue of the contract that of a client or customer of

any profession or business undertaking carried on by the individual.

19. The Claimant does not satisfy either of these definitions. There

is

no 'contract ' In

place between the Claimant and the School's Governing Body, or the Local

Authority. The Claimant's status

as

a volunteer is simply governed

by

the

Regulations set out above.

20. The definition

of

a worker

is

however extended for the purposes

of

the

whlstleblowlng legislation.

In

summary, this section extends the definition of a

worker for the purposes

of

claims under the Public Interest Disclosure Act 1998

to include agency workers, homeworkers, non-employed trainees, police officers

and contractors (specifically within the NHS).

21. Again, this extended definition

of

a worker does not include Individuals who are

volunteers, with no contract governing

their

term

of

office. There is no

'engagement' by the School, or the Governing Body

of

a Governor - they are

elected In accordance with the Regulations and their appointment/removal from

office are wholly governed by those Regulations.

22. We also consider

it of

assistance to highlight some of the provisions

of

supporting legislation and guidance regulating the position

of

Governors:-

22.1.1 The School Standards and Framework Act 1998 provides that :-'A

governor shall be entitled to receive such allowances, payable t such

rates, as the governing body

m y

determine in accordance with

regulations.'; there

is

no question of governors ever receiving any form

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\8593953\ 5

7 October 2 13

is css



of fee or salary from

the

School or

the

Local

Authority

in relation to

their

work;

22.1.2

The regulatory appraisal to the Governor Allowances (Wales)

Regulations 2005 (Appendix 4) state that very few governing bodies

have agreed a scheme to pay allowances to governors, as the

governors consider themselves to be volunteers and should not be

paid. Governors are also conscious that any allowances paid to them

are using money from the schools budget, which they would prefer to

spend on the pupils .. ;

22.1.3 The Governor Allowances (Wales) Regulations 2005 themselves

specifically

allow

governors to claim reasonable expenses but not any

fees; governors do not receive any actual payment

for

undertaking

their

duties;

23. The role

of

governors generally can be contrasted with the position

of part-time

fee-paid judges, recently successful in the case

of

O Brien v Ministry of Justice

[2013].

In

that

case, whilst the Judges were held to be

workers

capable

of

protection under the Part-Time Workers (prevention of Less Favourable

Treatment)

Regulations 2000, significant differences apply to

the

manner In

which they were engaged and undertook

their

duties. These Judges had specific

terms and conditions

of appointment

(and could

be

disciplined

if

these were

breached); received a fee in respect of each sitting

or day

worked;

were

entitled

to the same benefits during service as full-time judges; were expected to work

at

defined times and periods, and had

their

work organised for

them

in the same

way as full-time judges. Their engagement is entirely

different

to that of

governors.

ummary

24. The Respondents position Is

that the

Claimant s claim

is

wholly misconceived.

The Tribunal has no

jurisdiction to

consider

the

Claimant s claim In

l ight

of the

above provisions.

25. In

the event that

the Claimant s role as a Governor should attract

worker

rights,

then It is Inconceivable

that

such rights would not have been

set

out clearly

either in the Regulations, or

the

Staffing Regulations.

26. The Claimant s involvement, or engagement with Crocels, which forms the basis

of his argument, is wholly Irrelevant to the

current

proceedings. The issue to be

determined

Is

not

whether Crocels is

right to insist/require

the

Claimant to

have

indemnity

insurance by

virtue of

being an office holder . The issue is whether

the

Claimant s involvement

with

the Second Respondent

as

a

governor

means

that he Is a worker

for

the purposes

of

s.4 7K

of

the ERA

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6

7 October 2 13 lsaacss



27. A finding

that

the Claimant is a worker for the purposes of s.47K of the ER will

have far reaching implications not simply for the Claimant s claim, but with

regard to the engagement of governors

throughout

both England and Wales.

Governors are volunteers, who agree to give

their

free

time for

no

other

reason

other

than to improve the standards

of

education

for

children

in

the Schools

they

represent. To provide additional rights for such governors, akin to the rights of

workers generally, sets a dangerous precedent for all volunteers

undertaking

public duties.

28.

We

would therefore invite

the

Tribunal

to

find

that

it has no

jurisdiction

to

consider the Claimant s claim, and to dismiss the current proceedings.

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\8593953\1

7

7 October

2 13

lsaacss



APPENDIX





Code of Conduct

n order to

be effective and efficient

governors

should

• Ensure that their actions reflect the considered, best interests of the school;

• Acquire and maintain their knowledge of current education policy, regulations,

guidance and extend their skills by participating in training programmes and events;

• Demonstrate a commitment to equality of opportunity reflected in principle, policy

and

practice;

• Maintain the position of the critical friend toward those

with

professional responsibilities

within the school

• Be conscious of,

and

act within the limits

of

the nature of the responsibilities of

governance as discharged by the governing body;

• Respect the responsibility of the headteacher for the day-to-day decisions arising from

the management of the school

and

make clear distinctions between the responsibilities

of the headteacher and those of the governing body;

• Observe the collective responsibility of the Governing Body by supporting

democratically the determined corporate will of the governing body;

• Respect the governing body s right to deem certain matters to be confidential,

restricting discussion of such matters, conducted either Inside or outside governing

body meetings, to fellow governors or appropriate officer of the Local Authority;

• Develop, with colleagues

and

governors a clear vision of the purpose, nature and

future

for

the school; .

• Focus their contribution

to

governing body decisions upon what is considered to be in

the best interests of the pupils, staff parents

• Encourage the use of and participate

in

systems which provide

for

open and effective

communication, helping to establish a clear vision of the school s development;

• Be aware that all governors are equal

and

respect the views of others accordingly;

• Remember their accountability to parents

and

others in the local community and seek

to devise an effective dialogue with those interested

in

the conduct and standards

on

the school;

• Recognise individual and collective limitations and, when necessary, seek and consider

authoritative information, advice

and

guidance;

• Observe

all

protocols and procedures agreed by the governing body;

• Be open, honest, objective, fair and impartial and prepared to confront the personal

prejudices that may hinder informed decision-making.





od

mddygiad

Fel eu bod yn gallu cyflawnl eu dyletswyddau yn effeithiol

c

effeithlon,

dylai llywodraethwyr:

• Sicrhau bod eu gweilhrediadau n adlewyrchu buddiannau gorau r ysgol;

• Cael a chynnal eu gwybodaeth am

bolisi,

rheoliadau a chanllawiau addysgol cyfredol

ac

ymestyn eu sgi\iau

trwy

gymryd rhan mewn rhaglenni a

digwyddiadau

hyfforddi;

• Arddangos ymrwymiad i

gyfle cyfartal ac

adlewyrchu

hyn

mewn egwyddor,

polisi, ac

ymarfer;

• Gwelthredu fel ffr nd beimiadol tuag at y rhai sydd chyfrifo debau proffesiynol yn yr

ysgol;

•

Bod

yn ymwybodol o, a gweithredu o

fewn, cyfyngiadau cylrifo debau'r corff

llywodraethu lei y u

cyflawnir

gan y corff

liywodraethu;

• Parchu

cyfrifoldeb

y pennaeth am y penderfyniadau o ddydd i ddydd am reolaeth yr

ysgol, gan wahaniaethu yn glir rhwng cyfrifoidebau'r pennaeth a rhai r cyrff

llywodraethu;

• Cynnal cyfrifoldeb ar y cyd y

corf/ llywodraethu trwy gefnogaeth

ddemocrataidd i

ewyllys

corfforaethol y corff llywodraethu

lei

a benderfynir hwnmv gan y corff llywodraethu;

•

Parchu hawl

y

corff llywodraethu

bennu rhai materion yn

gyfrinachol,

gan gyfyngu

trafodaethau

ar

faterion o r

lath,

boed y tu mewn neu y tu

allan

i

gyfarfodydd

y corff

llywodraethu,

yn unig l gyd-lywodraethwyr neu lswyddogion priodol yr Awdurdod Lleol;

•

Datblygu, gyda chydweithwyr

a chyda

llywodraethwyr,

gweledigaeth

glir

ar gyfer

pwrpas,

natur, a

dyfodol yr

ysgol;

•

Canolbwyntio

eu cyfran ad I benderfyniadau r corf llywodraethu ar yr hyn a ystyrir o

fudd gorau i r disgyblion,.y staff, a r

rhieni;

• Annog a

chymryd

rhan mewn systemau sydd yn darparu ar gyfer cyfalhrebu agor<id

ac

effeithiol, a helpu I

sefydlu gweledigaeth glir

o

ddatblyglad

yr

ysgol;

•

Bod yn ymwybodol

fod pob

llywodraethwr

yn gyfartal a pharchu barn ei gilydd

yn

unol

hynny;

• Bod yn ymwybodol o u hatebolrwydd i rieni ac

eraill

yn y gymuned leol a cheisio

dyfeisio deialog effeithiol gyda phawb sydd diddordeb yn ymddygiad a safonau r

ysgol;

• Cydnabod

cyfyngiadau

unigol

ac

ar y cyd a phan o angen gofyn a

rho

ystyriaeth

ddyledus

l wybodaeth,

cyngor ac arweiniad proffesiyno ;

• Cadw at yr holl brotocolau a r gweithdrefnau y

cylunwyd

amynt gan y

corf

llywodraethu;

•

Bod

yn

agored,

gonest,

gwrthrychol, leg

a di-duedd

ac

y barod I

herio r rhagfarnau personol al ai

lesteirlo

gwneud

penderfyniadau

gwybodus;



Councillor Jonathan Bishop

8 Heol-y-Park

Efail lsaf

Pontypridd

RCT

CF38 1AN

Fy Nghyf:

My Ref: GOV17

Eich Cyf:

Your

Ref: JH/JJ

Dear Councillor Jonathan Bishop,

Gofynnwch Am:

Please Ask For-Al ison

Hitchins

Rhif

Est:/Ext

No: 01443 744160

Dyddiad:

Date: 22° December 2011

I

am

pleased

to

inform

you

that

you

have

been

selected

to

serve as a Minor

Authority governor on the Governing Body of Park J ewis Primary. Your term

of office will run for a period of four years ending

on

31

8

December 2015. If

you wish

to

resign your governorship at any time you may do so by notifying

me in

writing.

Meetings of the full Governing Body are held termly with additional meetings

being convened as/when required. Governing bodies operate a committee

system for dealing with specific items such as staffing and finance, these

committees are constituted at the first meeting of the full governing body

which is

held each Autumn Term. Committee meetings are convened

as/when required. If

you

are unable

to

attend a meeting you are required

to

present apologies for your absence

in

advance of that meeting, a telephone

call to myself, the headteacher or a message via another Governor will

suffice. Should you fail to attend any termly meetings within a six month

period, without presenting an apology for absence your Governorship will be

terminated in accordance with the regulations

in

force.

All meetings are

held at

the school.

All

relevant paperwork

is

forwarded to

Governors one week before the date of each meeting. The date s)/time s) of

meetings are determined by the governing body and each of its committees.

You will be

provided with written information

to

assist you

in

your

role as

a

governor

and

staff of this department will

be

happy

to

assist you

in

any

way

you require.

Should you have any queries on this matter, please

do

not hesitate to contact

this office where any member of the Governor Support Team will

be

pleased

to help.

I look forward to meeting you.

Yours sincerely,

Mrs Alison Hitchins Governor Support Officer

C:\Documents

and

Seltings\cornelh\Local Settings\Temporary Internet

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PPENDIX



About Governors Wales, Governors Wales

:Page

1-0f1

GOVERNORS WALES

About Governors '\Vales

Established in 1995, Governors \Vales

is

the voice of governors of schools in \Vales. Our main oftlcc

is

situated in Cardiff Gate Business Park.

Click

here for

tnore deta.JJg.nJgcation.

Goventors \Va es is comn1itted to supporting the effective inanagement and provision of high quulity learning opportunities f.or aU pupils and young

people jn \Vales.

The work ofGovernors \Vales rvcogoises that governors: voluntarily give their time, experience

and

expertise to help their schools and the

comntunities they serve.

We

shure with

parenfs, teachers, young people and the local com1uu11ity

the

passion to S\tpport schools lo provide the

bes

possible foaming

experience for alL

Gove1nors

\Vales recognises

that

governors are accountable

for

the conduct and standards

of

schools in \Vales, Governors \Vales aims to be a

support for governors and an advocate for their concen1s

and

Interests. \Ve represent the view of governors

on

all matters affecting schools and help

thein to govern their schools effectiVcly,

Click here for

Stateinent

ofValues

Gove1nors \Vales provides the following services to assist you in your role ofgovernor:

Helpline

Our telephone helpline can be used

to

talk through issues about

the

governance of schools.

An

experienced person

will

take your call

and

discuss

your concerns on a confidential basis.

Use

the helpline

if

you need

an

independent source

of

nformation, advice and guidance and a sympathetic but

objeetivc

ear.

Governors \Vales helpline telephone

0845 6020100

AU

calls arc

charged

at the

local rate.

or email

help inei'illgove.fnQ .'§Walcs,org.uk

The

helpline is available from 9.00a.nt.

to

lO,OOp.m.

dwing weekdays and

from

l

LOOa.1n,

to 4.00p.m during

rut

weekends; excluding public und

bank holidays.

A bilingual service is available.

PubHs:hed

Guidance

The Go>'enlors

\Vales Handbook provides bo1h recently-appointed

nnd more

experienced goventors

of

schools a

usef\11

guide to lheir duties and

responsibilities and

prn.ctical tips

and examplesof

good governing body

practice.

A new edition

of

the handbook

\Vill

be distributed to

goven1orS

in September 2007. You

wilt also

be able

to

access the

handbook

in PDF

fonnat

from the website.

Governor

Fact

Files/Governor Guides

Governors \Vales

pri:idttces, from

tin1e to time, up to date infornrntlon documents for school goveniors, all of which cau be accessed

in

the

publication section of this website. Exatnpfos range from stah1tory policies and docun1cnts required to

gov:emor

guides on preventing bullying etc.

Dcvelopn1cnt Officers

Our

Develop1nent

Officers are available

to

support

the \York of ocal

associations and,

if

necessary, int ivjdual governing bodies

or goven1ors. They

also help to ensure a close \Vorking partnership between Governors \Vales and Local Education Authorities.

Our Development Officers are:

h

like

: a r k e r ~ responsible or, entral (South) and South ~ Y a l e s

Tel: 01597 825318 Mobile:

07866453857

Email: n1barkcr@governors\\

1

ales.org.\ .k

Ray \VcHs- responsible for Central (;Vorth) nnd North

H ale.s

Tel: 01352 751360 Mobile: 07837 528885

E1nail;

nyells@govemorswales

org uk

http://www.governorJ>w;iJ.xs,org.uk/aboutl

11110/2013



About Governors Wales, Governors Wales

Page 2 of2

Help

for

Local

Associations

Local Associations of governors exist in most education areas

in

\Vales. They enable local discussion about schools and their governance \Vhether

the issues are local or national. t is as a result

of

local debate conducted in Local Associations throughout Wales that Governors \Vales is able to

influence the way governing bodies go about their work. Our Development Officers help Local Associations to plan and implement their

programnle

of

work which can include regular business

ineetings,

seminars, conferences, conventions and so on. Each Local Association will be

publishing their activities on this site in the near future.

To contact your Local Association, please telephone your Development Officer. Additional info rmation can also be found in the local association

section

of

the website.

Follow us on:

~ U ~

11@1e; -

. . . , , ~ '

Governors Vales

Ground Floor,

3

Oaktree Court,

Mulberry

Drive

Cardiff Gate Business Park, Cardiff. CF23 8RS

Helpline: 0845 60 2 100

Tel: (029) 2073 1546 or Fax: (029) 2073 2448

Tem1s and Conditions

http://www.governorswales.org.uk/about/

11110/2013



F CT FILE 01 13

The Role

of a

School

Governor

There are approximately 22,200 school governors

in

Wales. They give their time,

skills and expertise in a voluntary capacity, to help their schools provide children with

the best possible education.

Governing bodies are accountable for the strategic direction of their school and for

the quality o education provided.

ou

will discover that many kinds of people become governors of schools. Like you,

they will have a particular reason for serving on the governing body. Because o

these different reasons all governing bodies have a core group of governors,

consisting of:

• Parent governors

• Teacher governors

• Staff governors

• Local Authority governors

• The headteacher acting in the capacity of a governor where this is his/her

choice)

Governing bodies will also consist of some of the following governors, depending on

the type of school:

• Communitygovernors

• Additional community governors

• Representative governors

• Foundation governors

• Partnership governors

• Sponsor governors

• Associate pupil governors secondary schools)

Fact Files on the different categories of governor can be found at:

http://governorswales.org.uk/publications/fact-files/



Why become a Governor?

To make an important contribution

to

education by supporting the school

community its staff and pupils and helping to raise standards of education

•

To

experience rewarding

and

challenging opportunities

•

To help to

develop

your

existing skills

and

also

learn new ones

• To meet and work with new people

• To gain awareness of the education system

A Governor is a volunteer who:

• has an interest in education;

• represents those with a key interest in the school;

• is part of a

team

which accepts responsibility for everything a school does;

• has time

to

commit to meetings and other occasions;

• is willing to learn;

•

is

able to

act

as a critical friend who supports

the

school

but also

challenges

and asks questions about how he school works and the standards it achieves; ·

•

acts as a link between parents, the Ideal community the Local Authority and

the

school.

Provide a

strategic vi w

Three Key Roles of

the Governing Body

Act as a critical

friend

Ensure

accountability



Core

Responsibilities

of the Governing Body

• Promoting

high

standards of educational achievement and behaviour

• Setting targets for pupil achievement

• Ensuring that all learners

have access

to

a

broad

and

balanced curriculum

• Determining the aims, policies and priorities of the school

•

Determining

and monitoring the school s

budget

• Staffing - e.g. staff appointments, performance management

•

Providing

parents with information

regarding

the school

• Producing

an

action

plan

and

monitoring

progress following

an

inspection

by

Estyn

• The wellbeing and safeguarding of leaners

How does

a overnor fulfil

his her duties?

Examples include:

• Attending meetings, committees

and,

perhaps, participate

in

small

working

parties

from

time

to

time

• Visiting

the

school

• Being linked

to

an area of the school s work

• Participating

in

decisions of the governing body

• Working within an agreed code of conduct e.g. referto Principles

of

Conduct

for

Governors of Schools

in

Wales

at:

http://www.governorswales.org

.uk/publ

ications/201

0/

11/12/princigles-conduct

governors-schools-wales/

• Maintaining confidentiality when

required

•

Undertaking

training and

development

• Being aware of the latest initiatives and developments in education



Support

and

Training

For

governors to carry out their responsibilities effectively

and

to a

high

standard

they need to

be

trained appropriately.

A commitment to governor

development

is an

important

aspect

of being

an

effective

governing

body but

training

does not

just

stop at the

induction

stage. There

are a

number

of

additional training courses

available

provided by Local Authorities to

assist

all

governors

to gain the knowledge and

skills necessary

to

effectively govern

their

school.

Additional information support

and

advice

can

be accessed

from

the

following:

Local

Authority

Governor Support Office Diocesan

Authority

• Newsletters

• Briefing documents

• LA governor training programmes

and

events

• Induction information

Governors Wales

Governors Wales is

an

independent organisation serving the

needs of the

22 200

school governors

in Wales.

We

seek to

support effective

governance

of

schools in Wales and

support the

personal

and

professional development

of

individual governors.

We are

proud to

represent the

views of

governors on a

range of matters

affecting

schools and

in

turn

help them

to

govern

their schools effectively.

Helpline

845 6 2 1

J

Developmental

~

Governors

i->

onferences

Support

Wales

\

Website

Handbook

www govemorswales org uk

Publications



Welsh Government

•

School

Governors Guide

to

the

Law

- http://governorswales.org.uk/law/

• Circular

Guidance and

Guidance

Documents accessed from

-

http://www.governorswales.org.uk/publications/welsh-governrnent

publications/

Support

can

also be

provided

by

the school

for new governors

from the

headteacher

experienced

governors and

the clerk

Examples include:

•

School

induction training

• Information provided

by

the

school

e.g. prospectus previous minutes school

improvement

plan

newsletters

• Allocation

of

mentor governor from within the

governing body

• Meeting

with

the headteacher and chair

• Information about the governing

ody

list of committees calendar

of

governing

body and committee meetings

a yearly cycle of work

• Training

and

development of governors - regular item

on

governing body

agenda audit

oftraining undertaken

by

the governing body

Some

Useful Resources

Fact File

on

The Strategic Role:

http://www.governo

rswales

.org.uk/gublicatio ns/2012/09/18/0212-strateqic-role/

Fact File on The Critical Friend:

http://qovernorswales.org. uk/publications/2009/03/16/d1 0 9 ~ c r i t i c a l f r i e n c l /

Governor Guide

on

Effective Governing Bodies:

http://qovernorswales.orq.uk/publications/2009/04/27/governor-quide-effective

governing-bodies/

Handbook

for

School Governors: http://governorswales.orq.uk/handbook/

How to

become a

school

Governor

Please

contact

your Local

Authority

for

further

information about becoming

a

school

governor.



Contact Details

Helpline: 0845 60 20 100

[email protected]

Tel: 029 2073 1546

E mail: [email protected]

(,()VHN<)_O '< Alf

> i l , , < ; • C > A l • l - ~ ? L C < ~ < : -

f \

INV STORS

IN

P OPL

Follow us on:

http://on fb me/PaCGll

www twitter com/governorswales

www governorswales org uk

Bronze

riennir gan

Lywodraeth ymru

Funded by

Welsh Government



Handbook for

Governors of Schools in Wales

PART

GOVERNORS

W LES

LLYWODR ETHWYR CYMRU

Llywodraeth ymru

Welsh

overnment



1

WHAT IS A GOVERNOR

A governor is someone who:-

is a volunteer;

cares about teaching learning and children;

represents those people with a key interest

n

the school including parents staff the local

community and the LA;

is part of a team which accepts responsibility for everything a school does;

has time

to

commit

to

meetings and other occasions when needed;

is willing to learn;

is able to act as a critical friend who supports the school but also challenges and asks

questions about how the school works and the standards it achieves;

acts as a link between parents the local community the LA and the school.

www.governorswale§ org.uk Helpline - 0845

Q

20 100

[email protected]



J > be prepared to participate as a member

of

a working party or committee of the governors

from time to time;

J > be prepared to devote time to visiting the school in order to observe the work

of

the school

at first hand;

J >

attend training courses arranged by the LA which are free of charge and which will improve

your skills and contribute to your personal development. Refer to Section 3 for inform<:J tion

on mandatory governor training.

Can I be paid for being a governor?

No, although schools may pay expenses, in addition to travel and subsistence. The funds for

payment of expenses etc, come from the school's delegated budget, and must be shown in the

annual report

to

parents. For further information please refer to The Governors llowances

(Wales) Regulations 2005 and School Governors Guide

to

the Law.

Can I have time off work because I am a

governor?

The Employment Rights Act 1996 gives employees the right to have time off

to

perform official

duties - as long as time off is reasonable in the particular circumstances. If you are

in

employment, you should clarify with your employer the conditions for releasing employees from·

work and whether this would be with or without pay.

How can a governor make sure something

is

discussed at a meeting?

You need

to

have the matter placed as

an

item on the agenda to be discussed at the next meeting

of the governors.

You should notify the clerk, in writing, well before the date

of

the meeting.

It is best to talk to the chairperson and, if appropriate, the headteacher about matters you wish to

place on the agenda, .in advance of the meeting. If three or more governors wish

to

have a matter

discussed they have the right to request a meeting in writing to the clerk, who must convene a

meeting as soon as is reasonably practical.

Am I free to visit the school whenever I want?

Many schools will have a policy or protocol in place for governor visits to the schools.

You should arrange with the headteacher, a mutually convenierrt date and time when you can

learn about the school's day

to

day work. You should tell the headteacher of any specific purpose

for your visit when you are arranging the appointment. Once the date

of

your visit is arranged, try

not to change

it

but if a postponement is necessary, then let the school know as soon as you are

able.

www.governorswales.org.uk Helpline - 0845 6{420 100 [email protected]



5

The Welsh overnment

The thousands o governors serving on the governing bodies of schools have been described as

.. an unpaid army of volunteers . Governors are volunteers and discharge their responsibilities

without payment. They are responsible for ensuring that Welsh Government policies for schools

are implemented locally and must discharge their duties with regard to U legislation.

With regard

to

the Welsh Government, a governing body must:-

> comply with Welsh Government regulations, policies and initiatives for schools and

education;

> have regard to the published Code of Practice on LEA/School Relations;

> observe its responsibility

to

the Welsh Government where the school governed is subject to

special measures following an inspection by Estyn;

> co-operate with Estyn over the arrangements for the inspection of the school;

>

set and publish targets;

>

act reasonably in the course of conducting its business and discharging its responsibilities.

www.governorswales.org.uk Helpline - 0845 tab20 100

[email protected]



PPENDIX



Welsh Government

I

School Governors

Lfywodraeth

ymru

Welsh

Government

Page I o I

Home Topics

Education and skills Schools> Support

for

practitioners and governors> School Governors

School Governors

A governor is a volunteer who cares about teaching, learning

and children. They represent those people with a key interest in

the school, Including parents, staff, the local community and the

local authority. In this ·section you will find Information to help

you

as

a school governor.

Many

kinds

of people become governors of schools and

all

will have a particular

reason

for serving

on the

governing

body.

These governing bodies

have

a

core

group

of

governors which consist of parents, teachers non-teaching staff representatives of the

local authority and the headteacher.

Governors represent

those

people wilh a

key

interest

Jn the school

including parents

staff, the local community and the local authority. They are part of a team which accepts

responsibility for everything a school does and attend meetings and other occasions when

needed.

They

have

to be willing to learn and undertake training

as

and when necessary. Governors

act as a friend who supports

the

school, but They are still able to cast a critical y upon

how the school works and

the

standards that it achieves. A governor acts

as

a link

between

parents

the

local community,

the local

authority and

the

school.

For more information see the Governors Wales website.

Related

Links

Review

of clerks'

performance

I ij In 2009 the

•

. National Assembly

for \\tales'

Enterprise

and

Learning

Commfttee

collated evidence on

a

number

of

issues

relating

to

school governors.

Cookie Control

This sile

works best using

cookies

Some features of this site

won't work if

you

do

not

allow

cookies.

Cockles

nre on

http://wales gov uk/tqpics/educationandskills/schoolshome/schoolftmdingandplanning 11/10/2013



PPENDIX



REGULATORY APPRAISAL

EDUCATION, WALES

THE GOVERNOR ALLOWANCES (WALES) REGULATIONS 2005

Purpose and intended effect o the measure

1

Schedule 11 of the Schools Standards and Framework Act

1998

makes

provisions for· the governing body

to

pay governors expenses in

accordance with the circumstances laid out

in

the Regulations. The

Education (Governors Allowances) Regulations

1999

makes clear that

governing bodies with a delegated budget can agree their

own

scheme

to

pay a governor (or non governor) allowances in respect of expenditure

incurred by them

to

enable them

to

perform their governors duties.

It

is not

mandatory for a governing body to have a scheme in place, but they may

have one if they wish to pay governors allowances. The 1999 Regulations

also provide for allowances to be paid to persons appointed to represent

the interests

o

the local education authority at

an

institution providing

further or higher education or both. The rate o subsistence may be

determined by the governing body but should not exceed the rates

specified in the Local Government Act

1972

2 The intention o the new Regulations is to replicate the prov1s1ons

contained

in

the

1999

Regulations, and update the legislative provisions

under which the payments can be made to Section

100

of the Local

Government Act 2000

Risk Assessment

3 These Regulations are being made through the provisions contained

in

Section

19 o

the Education Act

2002

If these Regulations are not

in

place when the new provisions are commenced, governing bodies that

have established schemes to pay allowances

to

governors will not be able

to pay governors (or non governors) expenses for carrying out their

statutory duties. The policy intention is that, as volunteers, governors

should not be out of pocket when carrying out their governor duties.

Potentially this could be a disincentive

to

the recruitment

o

governors and

could result in governors resigning, i the governing body were unable

to

pay expenses where it has established a scheme

to

do so.

4

Similarly, each Local Education Authority (LEA) would be unable to pay

expenses to governors

in

respect

o

schools that do not have a delegated

budget and expenses

to

persons appointed

to

represent their interests

on

the governing body o further

and

higher education institutions an d

governing bodies o independent schools or schools, which are not

maintained by the LEA.

1



Options

Option 1:Do Nothing

5.

If these Regulations are not made there will

be

no

statutory basis

on

which

to

pay expenses

to

governors and governing bodies

and

LEAs would be

acting unlawfully if they continued

to

make payments for this purpose.

Option

2:

Make

the

Legislation

6.

This will provide funding for governors allowances for schools that have a

delegated budget

and

where they have established a scheme for paying

allowances is paid for from

the

schools delegated budget. Funding for

payments made

by the LEA

in

the

circumstances outlined above are met

from the LEA s budget.

enefits

7. The intention of the

new

Regulations is to replicate the prov1s1ons

contained in the 1999 Regulations. These Regulations update the

legislative provisions under which the payments can be made.

Costs

8. Schools delegated budgets will meet the costs of payment of allowances

to

governors where the governing body have a delegated budget

and

where governors have agreed that such a scheme should operate. The

LEA budgets would meet the costs where the school does not have a

delegated budget

or to

pay allowances

to

their representatives

on

other

governing bodies.

9 It is understood that very few governing bodies have agreed a scheme

to

pay allowances o governors, as the governors consider themselves to be

volunteers and should not be paid. Governors are also conscious that any

allowances paid to them are using money from

the

schools budget, which

they would prefer

to

spend

on

the pupils. It

is

also accepted that

the

circumstances where LEAs would have

to

pay expenses would also

be

limited. For these reasons there

are no

real cost implications

or

additional

financial burdens for governing bodies or LEAs

in

connection with these

new

governors allowances Regulations.

10

There are

no

additional financial implications associated with these

Regulations for the Assembly.

Consultation

With Stakeholders

11 In October 2002

the

Assembly established the Education Act Reference

Group whose members

had

the necessary expertise

to

help them inform

Assembly policy

on

the implementation of the school governance issues

arising out of the 2002 Act. Membership consisted of representatives from

key stakeholders; the teacher unions, Governors Wales,

LEAs

diocesan

2



representatives,

the

Welsh Local Government Association, ACCAC

and

Estyn.

12. In January 2004 the Assembly consulted widely with the key partners

mentioned above, local

and

national education organisations

and

10

o

Schools on the proposed changes to the Education (Governors'

Allowances) (Wales) Regulations 1999. The consultation period ended

on

26

March 2004. Respondees to the consultation indicated support for our

proposals especially as essentially they replicate the existing Regulations

with some minor changes.

13

A further electronic consultation was carried out on these Regulations with

respondees to the first consultation and key partners between 20 May

2005and 1 July 2005, where further support for the proposals was

received.

With Subject Committee

14 The Regulations were notified to the Education and Lifelong Learning

Committee via the list of forthcoming legislation (ELL2 01-05-p.9e, Item

no:

ELL 31-05) on 19 January 2005 and has remained on the list ever since.

The Regulations were not identified for detailed scrutiny.

eview

15. The working of the Regulations will be monitored following implementation

and i over time it

is

evident that there is a need for further change this

would be considered and subject to consultation at that time.

Summary

16 Governing bodies that have delegated budgets may

i

they wish have a

scheme in place for reimbursing governors expenses incurred in carrying

out their responsibilities. These costs are borne by the schools delegated

budget. If these Regulations are not in place to enable these payments to

be made the governing body would be acting unlawfully if they made such

payments from the schools budget. LEA's would also be acting unlawfully

in respect of any allowances they paid. Payments must be made

in

accordance with the Local Government Act 2000.