Education law conferences, March 2018, Workshop 2B - Making the most of your governance
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Effective governance is top of the DfE's/RSC's agenda and established trusts may need to update their governance to be fit for the future direction of their trust. This working considers a number of practical issues schools may want to reflect on and steps they may want to take in their approach to governance to support them in effective operation of their trust.
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Education law conferences, March 2018, Workshop 2B - Making the most of your governance
- 1. Education law conferences 2018 Workshop 2B: Making the most of your governance
- 2. Making the most of your governance Join the conversation #BJ_EDC
- 3. Session overview Sources of guidance & source materials DfE policy refresher The purpose of governance The autonomy spectrum Focus on members & the board Ofsted’s focussed inspections
- 4. Sources of guidance • DfE’s Governance Handbook https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/582868/Governance_Handbook_- _January_2017.pdf • DfE’s competency framework for governance https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/583733/Competency_framework_for_g overnance_.pdf • DfE’s clerking competency framework https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/609971/Clerking_competency_framew ork.pdf • Charity Commission: CC3 The Essential Trustee https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/617828/CC3.pdf • Our website https://www.brownejacobson.com/education
- 5. Source materials Core • Charities Act 2011 & Companies Act 2006 • Articles of Association Supporting • Funding Agreement & Academies Financial Handbook • Scheme of Governance Delegation • Terms of Reference • Code of Conduct & possibly letters of appointment NB under the AFH you must have a scheme of financial delegation. You may choose to have separate or combined with governance scheme.
- 6. Sli.do – vote now How many members can also be trustees? • 0 • 1 • 2 • 3 • 4 • 5
- 7. Sli.do – vote now How many employees can sit on the Board? • 0 • 1 • 2 • 3 • One third
- 8. Sli.do – vote now Can LGB chairs be ex officio trustees? • Yes • No • Unsure
- 9. Sli.do – vote now For a Board committee other than an LGB where the committee comprises of 5 members, how many must be trustees? • None • 1 • 2 • 3 • 4 • All
- 10. Sli.do – vote now Under the model Articles, who can vote on the appointment of a co-opted trustee? • All • Only member appointed trustees • Only trustees who were not co-opted themselves
- 11. Purpose of governance A different perspective Source: AoC Governance for accountability & compliance Governance for democracy Governance for maximising institutional performance and success Governance for maximising institutional performance & success
- 12. Sli.do – vote now Where would you choose to be on the spectrum below? • 1 • 2 • 3 • 4 • 5 Autonomy Standardisation 1 2 3 4 5
- 13. Sli.do – vote now Would your answer be different if your trust had meaningful systems in place to allow you and you peers to co-construct the standardised approach? • 1 • 2 • 3 • 4 • 5 Autonomy Standardisation 1 2 3 4 5
- 14. Approach to governance Is your approach active or passive? passive board react to agenda set by executive active board actively engage in setting board agenda with the executive Chair has key role.
- 15. The role of Members • Phrase often used is “eyes on, hands off” • Sounds appealing but in practice how do you balance informing members with members’ resisting putting their “hands on”? • Meetings? • Members appointment letter?
- 16. The Board • Size? • Composition – balance between member & co-opted appointments • Tension between stakeholder model & skills based model - competency framework • CEO as a trustee
- 17. Sli.do – vote now Do you think that CEOs should also be a trustee? • Yes • No • Not sure
- 18. MAT focused inspections • What progress have the academies made? • Pupil achievement (particularly disadvantaged pupils and those with SEN) • Support, training and development of academy staff • How does the MAT collect and review data about its academies’ performance? • How does the MAT review the performance of its academies at an academy by academy level?
- 19. MAT focused inspections (cont’d) • The effectiveness of the MATs leadership model and its leaders • The effectiveness of the MATs model of governance and its link to securing progress and achievement • How realistic the leadership’s assessment of the MAT’s current position is (including its strengths and weakness) and how well this informs the MAT’s strategic plan? • Continuity and transparency of key policies throughout the trust
- 21. Please note The information contained in these notes is based on the position at March 2018. It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so. © Browne Jacobson LLP 2018. Browne Jacobson LLP is a limited liability partnership.