The School Governance (Procedures)(England) Regulations 2003 (SI 2003/1377) give the governing body more flexibility to determine its own procedures. More emphasis is now given to the process of recording and reviewing the structure of the governing body and its decisions regarding delegation.

Responsibility

Establishment of committees

The governing body must determine the membership and proceedings of any committee. Each committee must have a chair who has been either appointed by the governing body or elected by the committee. The governing body may remove the chair of a committee from office at any time. The governing body must appoint a clerk to each committee. The clerk to a committee (but not the governing body) can be a governor, but not the headteacher.

Delegation of functions of the governing body

A governing body can delegate any of its statutory functions to a committee, a governor or to the headteacher, subject to prescribed restrictions.

The following functions can be delegated to a committee, but not to an individual:

  • functions relating to the alteration, discontinuance or change of category of maintained schools
  • functions relating to the approval of the first formal budget plan of the financial year
  • functions relating to school discipline policies
  • functions relating to the exclusion of pupils (except in an emergency when the chair has the power to exercise these functions)
  • functions relating to admissions.

The governing body cannot delegate any functions relating to

  • the constitution of the governing body (unless otherwise provided by the constitution regulations)
  • the appointment or removal of the chair and vice chair
  • the suspension of governors
  • the delegation of functions
  • the establishment of committees.

Review of committees and delegation

The governing body must review the establishment, terms of reference, constitution and membership of any committee annually. In addition, the governing body must review the delegation of functions to committees and individuals annually.

Staffing functions

Part 4 of the procedure regulations, which relates to governing body committees, does not apply to staffing matters in relation to individual members of staff. It is open to governing bodies to determine procedural arrangements beyond those they either must or should follow under the staffing regulations and guidance. For example, there are no particular requirements for the clerking of meetings in relation to individual members of staff and it is open to governing bodies to decide to clerk staff dismissal and appeal hearings in a similar way to that required for general governing body committees under part 4 of the procedure regulations, or, if appropriate, provide some other means for organising matters and providing legal and procedural advice. LAs may also wish to consider any such procedural requirements in drawing up or revising model staffing procedures for schools.

Standing orders

The Department recommends governing bodies record their non-statutory procedures and decisions, including recording delegation, in standing orders.

Good practice

The governor support website of Suffolk County Council contains downloadable recommended terms of reference for governing body committees that may prove a useful resource in establishing committee structure and terms of reference for committees.

The law

The School Governance (Procedures)(England) Regulations 2003 (SI 2003/1377).