Consultation on changes to governance regulations and guidance


The government has announced a consultation on changes to some of the governance regulations and advice for LA maintained schools. The government are proposing a number of things in relation to constitution, including inserting a requirement that for all LA, foundation, appointed parent and partnership governors, the governing body appoints them on the basis that they have in the opinion of the person making the appointment ‘the skills required to contribute to the effective governance and success of the school.’ Currently this is only the case for co-opted governors. 
As was highlighted by the House of Commons Education Select Committee report, currently when there are too many governors in a particular category, the ‘last in first out’ or juniority principle, applies. The consultation proposes to remove this to give the governing body (or the body responsible for appointing, in the case of foundation governors) the responsibility for resolving any surplus.
The government is also proposing to make all maintained school governing bodies reconstitute under the 2012 Regulations by September 2015.

Changes to the Statutory Guidance on the constitution regulations are also part of the consultation, with the draft guidance having additional advice on the skills that a governing body needs and parental elections.

The government also propose to amend the Federations Regulations top bring them into line with the proposed provisions above for the Constitution Regulations, as well as amend an anomaly relating to staff governor ratios.
None of these proposals will apply to academies.

NGA will be replying to the consultation. If you would like to feed into the NGA response, please email with your thoughts.
You can view all of the consultation documents, and draft Regulations and advice, on the Department for Education’s website.