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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
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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
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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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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
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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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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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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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APPENDIX
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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.
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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;
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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
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PPENDIX
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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
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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/
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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/
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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
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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
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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
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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.
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Contact Details
Helpline: 0845 60 20 100
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
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Handbook for
Governors of Schools in Wales
PART
GOVERNORS
W LES
LLYWODR ETHWYR CYMRU
Llywodraeth ymru
Welsh
overnment
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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
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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.
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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
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PPENDIX
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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
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PPENDIX
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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
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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
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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.