Changes to constitutional arrangements for maintained school governing bodies
May 5, 2017
The government has published the School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017 which will enforce changes to the constitutional arrangements of maintained school governing bodies, including federated governing bodies.
From 1 September 2017, maintained school governing bodies will have the power to remove elected parent and staff governors in the same way as they can remove co-opted governors – that is, by majority decision of the governing body.
From 1 May 2017, any person who has held office as an elected parent or staff governor and removed from the governing body during their term of office, will be disqualified from serving or continuing to serve as a school governor for five years from the date of their removal.
This change follows a consultation launched by the Department for Education earlier this year. The National Governance Association has previously sought our members’ views via an online poll and regional focus groups, on the Department for Education’s proposal to implement such changes to the constitution arrangements of maintained school governing bodies in autumn 2015. 88% of their members who responded to the poll, indicated that they would support a clear and fair process that would allow for the removal of governors where their presence is detrimental to the workings of the governing board and more widely to the school.
Generally, governing boards must ensure that their code of conduct provides a clear framework for basing decisions to remove individuals from the governing board, regardless of whether they have been elected or appointed.