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.
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.
- 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.