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Scheme of Delegation – The Beech Academy
The purpose of this document is to enable all parties to recognise the powers and functions of specific groups regarding main areas of business and types of decisions to be taken annually and informs the remit that committee will undertake each year as agreed in Terms of Reference and Trust Articles.
Beech Version 2
Aspect Trust Powers (Retained) Powers Delegated to Academy
Constitutional Decisions Trust / LGB committee
Vision
setting out the vision for the Trust and its application at both Trust and Academy levels
determination of the corporate planning and strategy for the Academy and the Trust (in consultation with the LGB)
to carry forward the Trust’s vision, in a way appropriate to the specific qualities and community characteristics of the Academy.
To determine aims, strategic priorities and longer term strategy
To approve Academy Improvement priorities
Trust
To determine Academy priorities and detailed actions plan for improvement and seek approval from Board of directors.
To formulate and approve Academy Prospectus, associated documents and ensure published including on all relevant media
LGB
Scheme of Delegation – The Beech Academy
Beech Version 2 Page 2 of 13
Aspect Trust Powers (Retained) Powers Delegated to Academy
Constitutional Decisions Trust / LGB committee
Compliance (Directors are the employers and the trustees)
ensuring compliance with all statutory regulations and Acts of Parliament governing the operation of the Academy, including, without limitation all charity and company laws and all health and safety regulations
ensuring compliance with the provisions of the Articles and the Funding Agreements
ensuring compliance with the Academies Financial Handbook
Implementation of actions required to comply with all statutory regulations
Assist Trustees in complying with the provisions of funding agreements
To ensure prescribed restrictions in articles are adhered to including arrangements for appointment of chair/Vice; suspension of governors; delegation of functions to and approval of structure of portfolios;
To review delegated functions and decisions annually
To distinguish functions that must be delegated to a full portfolio versus an individual - admissions and exclusions, pay progression and disciplinary work
To ensure Chair of LGB is clear regarding delegated functions
To receive regular updates with evidence from the Academy through KPI reports to ensure compliance and progress
To ensure regular audits and reports are acted upon relating to Finance, environment, Health and safety and education ( OFSTED)
Trust
To ensure decisions made only if a meeting is quorate – 3 or one third of directors governors in office whichever is greater
Chairs to ensure proceedings and decisions can be taken by particular group
All
To appoint link and designated governors ( SEN, Safeguarding, Complaints)
LGB
Policies
setting HR policies and procedures
(as legal employer of all staff), developing appropriate terms and conditions of service with each Academy, including the performance management policy and pay policy
work with the Trust to set the curriculum and standards to be achieved by the Academy
implementation of all policies prepared and approved by the Trust, for example, policies regarding admissions, DBS (CRBs), Complaints and health and safety
To ratify new or amended policies on DFE list and in relation to Finance, HR, Health and safety
To oversee processes for setting and reviewing curriculum
To determine school session times and ensure 380 sessions
To approve Inset days
Trust
Scheme of Delegation – The Beech Academy
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Aspect Trust Powers (Retained) Powers Delegated to Academy
Constitutional Decisions Trust / LGB committee
setting and reviewing the curriculum and standards to be achieved by the Academies (in consultation with the LGB)
determining the admissions policy and arrangements for the Academy in accordance with admissions law and DfE codes of practice
determining Trust-wide CRB/ DBS policy as set out in the Academies Financial Handbook
the development of a charging and remissions policy and a revenue generation policy for the Trust
setting other Trust wide policies such as health & safety, CRB, safeguarding, accounting and financial regulations etc
ensure provision of free school meals to those pupils meeting the criteria
to comply with and adhere to the terms of any Trust protocol or any guidance issued by the Trust from time to time
work with the Trust to put in place other Academy specific policies and procedures as required including but not limited to those listed on the DfE website
To approve admissions policy and arrangements annually
To develop and monitor policies in relation to Finance, HR, Health and safety , Business Continuity( see other sections)
Business
Work with LA SEN placement officers on admitting students with EHCPs
To discharge duties in respect of SEN students to ‘responsible persons’
To ensure curriculum complies with Equality Act legislation and prohibit indoctrination
To ensure a Designated person for looked after appointed
To ensure safeguarding/ Child Protection/anti bullying/race/hate policies reviewed annually and requirements implemented effectively ,training given and reports provided to LA
To appoint external Clerk to Discipline committee as required
To develop, approve monitor implementation of all policies in Academy
LGB
To develop policies and agree amendments to existing policies related to curriculum, teaching and learning and self- evaluation
To ensure Pupil Premium funding used effectively and students receive meals as notified
To propose a curriculum model and subsequent staffing requirements and report to Business portfolio
Standards and Effectiveness
Scheme of Delegation – The Beech Academy
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Aspect Trust Powers (Retained) Powers Delegated to Academy
Constitutional Decisions Trust / LGB committee
To adopt a home school agreement
To implement admissions and behaviour policy in line with criteria and DFE legislation
Ensure compliance with exclusion related provisions of Education Act 2006
To review behaviour and exclusion data against local and national
To hear exclusion representations
To attend admission appeals
To approve attendance policy and monitor student attendance comparing against national and local data
To ensure policies in relation to sex education, RE, SMSC, collective worship are in line with legal guidance
Educational Standards
annual target setting for the Trust in general in line
determination of the educational targets of the Academy including, but without limitation, determination of the Academy’s improvement plan (in consultation with the LGB)
ensuring that all targets set are in line with the Governments current agenda
considering and evaluating school performance against key performance indicators set by the Trust (in consultation with the LGB);
oversight of performance, standards and outcomes on a Trust and individual Academy basis
putting in place support and intervention strategies for individual Academies
work with the Trust to determine the educational targets of the Academy including, but without limitation, determination of the Academy’s improvement plan and necessary expenditure
work with the Trust to consider and evaluate school performance against key performance indicators set by the Trust and value for money
work with the trust to ensure that all targets set are in line with the Governments current legislation
To approve targets proposed by Academy and monitor attainment and achievement and ensure in line with agreed KPIs in Improvement plan
To maintain a standards risk register
To oversee school self- review processes and outcomes and ensure recommendations are implemented including effectiveness of LGB on raising standards
Trust
To formulate and review Academy self -evaluation
To ensure resources are used effectively to raise standards
Monitor implementation of Academy and team improvement plans
To comply with requirements of OFSTED Framework
LGB
To set appropriately challenging targets for student achievement and attainment
Standards and effectiveness
Scheme of Delegation – The Beech Academy
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Aspect Trust Powers (Retained) Powers Delegated to Academy
Constitutional Decisions Trust / LGB committee
Managing corporate risk register for Academy in relation to standards
To monitor student progress including use of resources and impact on including disadvantaged groups / gifted and talented
To monitor and review the curriculum provision and policy
To monitor the quality of teaching and learning and impact of CPD
Appointments
Putting in place processes for: (i)
making appointments within the Trust’s remit and (ii) the LGB making appointments within its own remit
appointing the Head of School of the Academy (in consultation with Executive Principal)
delegate the appointment of any other staff at the Academy (in consultation with the LGB) – to the Executive Principal / Academy Head of School
delegate the appointment of cross-academy staff to the Executive Principal
work with the Trust to appoint the Headteacher and/or Head of School
HoS to seek the approval of the Executive Principal for any senior appointments at the Academy
HoS to make other appointments of staff within their remit (permanent or temporary) in consultation with the Executive Principal and in a way consistent with any policy or procedure as may be determined by the Trust from time to time, including compliance with any pay terms and adoption of any standard contracts or terms and conditions for the employment of staff issued by the Trust
To appoint Executive Principal and HOS
To delegate appointment of staff other than above posts to Executive Principal/ HOS in line with staffing structure
To dismiss staff in line with personnel disciplinary policy and advise Board
To delegate responsibility for all other appointments in academies and trust leadership to CEO with HoS.
Trust
To participate in recruitment process for all staff within the academy as required
LGB
HR and Performance Management
Put in place procedures for the proper professional and personal development of all staff
responsibility for the performance management of the Executive Principal
delegate to the Executive Principal and the LGB performance management of the Head of School of the Academy
monitoring local HR activity and policy, including the process for local performance reviews for members of staff and in particular ensuring that it is within the parameters for the particular Academy from time to time established by the Trustees
To agree Performance Management / Pay policy and arrangements annually
To determine who will support Directors in appraising Executive Principal
To approve Executive Principal to support LGB with HOS appraisal and delegate oversight cross academy staff performance
To approve staffing structure
To ensure implementation of Performance Management policy
Trust
Scheme of Delegation – The Beech Academy
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Aspect Trust Powers (Retained) Powers Delegated to Academy
Constitutional Decisions Trust / LGB committee
delegate to the Executive Principal the responsibility for the performance management and oversight of cross-academy staff
putting in place processes for: (i) undertaking the performance management of all staff within the Trust’s remit and (ii) the LGB undertaking the performance management of staff within its own remit in conjunction with the Executive Principal
manage any claims and disputes all staff, including matters of suspension
To determine with Executive Principal pay progression and report to Board
To determine with Executive Principal, TLR 3 posts and support staff task arrangements for temporary work
To agree and monitor a training strategy for all staff
To ensure central record of recruitment vetting check is maintained
To determine staffing structure and complement and advise full board
To ensure personnel policies in place
to convene disciplinary panels to include, but not limited to, appeals, exclusions, grievance and complaints
to determine protocols for exit packages to include, but not limited to, dismissal payments and early retirement
to put in place procedures for the administration of payroll, pensions, statutory deductions and indirect employee expenses
Business
To propose staffing structure and complement to Board in line with curriculum provision and Academy need
To oversee implementation of personnel policies in particular capability and disciplinary procedures
LGB
Services
determination of procurement
policies for the Trust, in conjunction with the Trust’s Finance Director, from time to time
determination of the extent of the services provided to the Academy by the Trust and how the costs
implementation of Trust’s procurement policies insofar as they impact on the Academy
seeking value for money and being able to demonstrate that value for money has been achieved
To determine the Services offered to the Academy (e.g. HR, Finance, ICT, Data) and any associated costs
Procure building and maintenance works
Business
To work in liaison with the Trust to ensure that all Business needs are met
LGB
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Aspect Trust Powers (Retained) Powers Delegated to Academy
Constitutional Decisions Trust / LGB committee
should be allocated (in consultation with the LGB)
oversight of the effectiveness of the delivery of centrally provided services
either through central services or through local solution
Propose maintenance and building plan
Media and PR
oversight of public relations
activities to project the activities of the Trust and the Academies to the wider community
support the Trust and the Academy in relation to any public relations activities to project the activities of the Trust and the Academies to the wider community
To issue press statements
Trust
To ensure positive activity is publicised appropriately
All
Training
providing Director and governor
training and evaluation
To organise training against skill analysis, outcomes of evaluation against governance criteria and current agendas
Directors/LGB/Executive principal
Finances
establishing a funding model for use across the Trust and the Academies including developing an individual funding model for the Academy (in consultation with the LGB
to have oversight of curriculum expenditure and impact and report to Trust
To approve funding model and annual budget for Academy to include, but not limited, to significant budget revisions, use of surplus balances and investments
Approve scheme of financial delegation
Trust
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Aspect Trust Powers (Retained) Powers Delegated to Academy
Constitutional Decisions Trust / LGB committee
agreement of the Academy’s annual budgets and determining the proportion of the overall Academy budget to be delegated to individual Academies (in consultation with the LGB)
determining any additional financial and reporting targets for the Academy
putting in place guidelines and establishing processes for the local maintenance of assets and appropriate registers
oversight of the finances of the Trust and the Academy, including, but without limitation, responsibility for compliance with the financial and accounting requirements detailed within the Funding Agreement
considering and evaluating performance against key performance indicators set by the Trust in relation to finances (in consultation with the LGB)
arrange for the auditing of Academy statements of accounts and schedule of internal control
managing a corporate risk register for all activity for the Trust
to adhere to statutory guidelines outlined in Trust policies and Academies Financial Handbook
develop an individual funding model for the Academy
consideration of the Academy’s required funding including curriculum costs and undertake the annual budgetary process
to determine banking arrangements
to approve the write off of surplus equipment and debts
regularly monitoring and reviewing the Academy’s cash flow and expenditure in accordance with policies determined by the Trustees and the annual review of the Value For Money Statement
develop appropriate risk management strategies and ensure Academy-level resource is applied appropriately
inform the Trust of any need for significant unplanned expenditure and work with the Trust to explore options for identifying available funding
ensuring compliance with the overall financial plan for the Academy
keeping proper accounts and proper records in relation to the accounts
preparing a statement of accounts in respect of each financial year of the Academy
observing proper levels of delegation and protocols, in conjunction with the Responsible Officer
managing a risk register for the Academy
to monitor Governors expenses and remuneration
Business
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Aspect Trust Powers (Retained) Powers Delegated to Academy
Constitutional Decisions Trust / LGB committee
To ensure curriculum expenditure is matched to priorities and to monitor for impact.
LGB
Asset and Premises
developing an estate management strategy for the Academies that will identify the suitability of building and facilities in light of long term curriculum needs and the need for and availability of capital investment to meet their responsibility to ensure the buildings and facilities are maintained to a good standard
dispose or acquire land or interests in land to be used by the Academies
insuring the land and buildings used by the Academies
ensure the safety of the users of the Academy buildings and facilities
determine matters related to health and safety of occupants and security of premises
to determine asset management planning arrangements
determine procuring building and maintenance works in accordance with property handbook and develop a funded site and maintenance plan in conjunction with LGB
maintain inventories and security of assets
to observe the protocols relating to tangible and fixed assets and their sale
to observe protocols relating to relating to tendering and quotations
To procure appropriate levels of insurance as to mitigate risk to the Trust and Academy and ensure business continuity
Business
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Aspect Trust Powers (Retained) Powers Delegated to Academy
Constitutional Decisions Trust / LGB committee
advising the business portfolio of buildings and assets required through accurate curriculum model planning.
Standards and Effectiveness
To ensure that the health and safety policy is followed in respect to the welfare and supervision of students
Standards and Effectiveness
Governance
ensuring processes are in place for the appointment and removal of Directors and governors of the LGB
To determine Executive Principal
appointing the Responsible Officer for the Trust
appointing the clerk to the LGB
monitoring the performance of the Local Governing Body
power to withdraw delegated powers from the LGB and, if necessary, disband it
delegate to Executive Principal the holding of Head of School to account and Academy Leadership for achievement, quality of teaching, behaviour, safety,
Have oversight of
Academy’s activities
and provide reports to
the trust
Assist in the appointment of staff and Parent Governors as requested by the Trust
Assist in the appointment of LGB clerk
To determine voting rights for associate members on committees
To suspend any governor
To elect or remove the chair
To elect or remove the vice-chair
To determine Committee remits
To determine staff appointments and processes for new staff and ratify HOS/Deputy posts
To appoint or remove a clerk
To participate in the review of LGB effectiveness and review of Directors
TRUST
Approval of scheme of financial delegation and accounting policies
To establish the governors’ register of pecuniary and business interests and oversee its maintenance
Business
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Aspect Trust Powers (Retained) Powers Delegated to Academy
Constitutional Decisions Trust / LGB committee
leadership and management of the Academy
Establishment and membership of committees including selection panels for delegated post recruitment as required
To appoint link or designated governors, for example appraisal, child protection and complaints
To decide on additional attendance at full LGB governors’ meetings
To decide the arrangements for full LGB governing body meetings (legal minimum three per year)
To regulate the procedures of meetings
To participate in the self -review school processes
LGB
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Constitutional Powers and Decisions for Evolve Trust Audit Committee – 3 meetings minimum a year
Responsibilities of the Audit Committee External Audit
consider the appointment of the external auditor and assess independence of the external auditor, ensuring that key audit personnel are rotated at appropriate intervals.
recommend the audit fees to the Trust Board and pre-approve any fees in excess of £10,000 in respect of non-audit services provided by the external auditor and to ensure that the provision of non-audit services does not impair the external auditors’ independence or objectivity.
oversee the process for selecting the external auditor and make appropriate recommendations through the Trust Board to the members of the Trust to consider at any general meeting where the accounts are laid before members.
discuss with the external auditor the nature and scope of each forthcoming audit and to ensure that the external auditor receives the fullest co-operation.
review the external auditor’s annual management letter and all other reports and recommendations, together with the appropriateness of management’s response.
review the performance of the external auditor on an annual basis.
recommend to the Trust Board the appointment / re-appointment of the external auditor.
review and consider the circumstances surrounding any resignation or dismissal of the external auditor. Responsible Officer
review the Responsible Officers’ programme and ensure that the Responsible Officer function is adequately resourced and has appropriate standing within the Trust.
review the reports and recommendations of the Responsible Officer, together with the appropriateness of management’s response.
monitor the implementation of action agreed by management in response to reports from the external auditor and Responsible Officer. Financial Management & Policies
keep under review the Trust’s financial management and reporting arrangements, providing constructive challenge (where necessary) to the actions and judgements of management in relation to the interim management and financial accounts, statements and reports and the annual accounts and financial statements, prior to submission to the Trust Board, paying particular attention to:
critical accounting policies and practices, and any changes in them
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decisions requiring a major element of judgement
the extent to which the financial statements are affected by any unusual or complex transactions in the year and how they are disclosed
the clarity and transparency of disclosures
significant adjustments resulting from the audit
the going concern assumption
compliance with accounting standards
compliance with DfE and legal requirements.
review the Trust’s policy and procedures for handling allegations from whistleblowers.
review the Trust’s policies and procedures for handling allegations of fraud, bribery and corruption.
receive reports on the outcome of investigations of suspected or alleged impropriety.
review the adequacy of policies for ensuring compliance with relevant regulatory, legal and code of conduct requirements.
ensure that any significant losses are investigated and reported to the DfE where required.
review the Trust’s risk management policy, strategy, processes and procedures for the identification, assessment, evaluation, management and reporting of risks.
review the adequacy and robustness of risk registers.
keep under review the adequacy and effectiveness of the Trust’s governance, risk management and internal control arrangements, as well as its arrangements for securing value for money, through reports and assurances received from management, the Responsible Officer, the external auditor and any other relevant independent assurances or reports (eg from the National Audit Office).
review all risk and control related disclosure statements, in particular the Trust’s annual “Statement on Internal Control”, together with any associated reports and opinions from management, the external auditor and Responsible Officer, prior to endorsement by the Trust Board.
review any recommendations made by the Secretary of State for Education for improving the financial management of the Academies. General
review or investigate any other matters referred to the Committee by the Trust Board.
draw any significant recommendations and matters of concern to the attention of the Trust Board.