Appointing and removing trustees and local governors

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How trustees and local governors are appointed

Your academy trust’s articles of association will tell you the number and type of trustees and how they are appointed. The process varies according to the category of trustee.

Parent trustees (and parents governing at local level) are elected to the board.

Foundation trustees

Appointed by a foundation or charitable body associated with the trust (often the diocese or other religious body).
At academy trusts with a religious character, foundation trustees help to ensure that the religious character is upheld and promoted (in addition to their other trustee responsibilities).
The appointment process varies - check your articles of association and consult the appointing body (the diocese in many cases).
The appointing body decides whether to re-appoint foundation trustees and the process for doing so.

Executive leaders as trustees

While members can appoint the trust's senior executive leader (CEO) as trustee, NGA recommends that CEOs are not appointed as trustees given that trustees hold the chief executive to account for delivering the strategies set out by the trust board.

The Academy Trust Handbook states that "from 1 March 2022, any newly appointed senior executive leader can only be a trustee if the members decide to appoint them as such, the senior executive leader agrees and the trust’s articles permit it."

Appointment regulations and considerations are further explained within The Academy Trust Handbook and governance structures and roles guidance.

Removing trustees and local governors

The trust's articles of association will confirm that a trustee ceases to hold office when they are removed by the person or persons who appointed or elected them, or otherwise by ordinary resolution of the members in accordance with the Companies Act 2006.

We recommend that trust boards set out expected standards of conduct and behaviour within a code of conduct.
Removing a board member should be a last resort. Our guide to effective teamwork provides suggestions on how to resolve issues at an early stage.
Refer to maintained schools' guidance on governing board constitution for an indication of when removal may be appropriate.
Be aware that foundation trustees can only be removed by their appointing body (who should be consulted at the earliest opportunity).
If you are considering removal, we recommend that you first seek appropriate legal or HR advice.

Procedure for removal

We advise that the board has a procedure in place which contains the following steps:

Consideration of the removal is included on the agenda of a full board meeting.
The trustee or local governor is given written details of the reasons for their proposed removal, the procedure being followed and time for them to respond. They should be given sufficient time to respond.
The removal is included on the agenda of a full board meeting and the reasons for removal stated at the meeting for inclusion in the minutes.

Appeals

It is good practice to have an appeals procedure in place to enable any removed board member to test the reasonableness of the board's decision.
The appeal should be conducted by an independent panel which may include trustees from another trust and, where appropriate, a representative from the appointing body such as the diocese.

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