About this guidance

This is statutory guidance from the Department. This means that recipients must have regard to it when carrying out duties relating to the constitution of governing bodies in maintained schools.

This guidance is about the School Governance (Constitution) (England) Regulations 2012 ('the regulations'). The regulations set out the arrangements for the constitution of the governing body of those maintained schools in England:

  • that are established on or after 1 September 2012; or
  • whose instrument of government is varied following a decision to vary made on or after 1 September 2012.

The School Governance (Constitution) (England) Regulations 2007 continue to apply to existing governing bodies until such time as it is decided to vary the instrument of government.

Expiry/review date

This guidance will next be reviewed in September 2013.

What legislation does this guidance relate to?

The School Governance (Constitution) (England) Regulations 2012.

Who is this guidance for?

This guidance is for:

  • school governors;
  • local authorities (LAs);
  • school leaders and school staff in all maintained schools in England; and
  • governor organisations and other organisations with an interest.

This guidance applies to maintained schools only.

Key points

  • the regulations allow governing bodies constituted on or after 1 September 2012 to have a minimum size of seven members1, rather than nine as under the Constitution Regulations 2007;
  • the governing body should ensure that it has the skills needed to conduct the governing body’s business effectively;
  • the method of appointing the LA governor has been amended;
  • a new definition of co-opted governor has been introduced; and
  • the role of sponsor governor has been removed.

The regulations explained

The regulations, and so this guidance, cover four aspects of the arrangements for the constitution of governing bodies:

  • the description of the different categories of governor;
  • how governing bodies are to be constituted;
  • terms of office, removal and disqualification of governors; and
  • instruments of government.

1 Subject to the requirements regarding foundation governors in qualifying foundation schools and voluntary aided schools.