Commentary

This case study highlights lots of issues to consider when employing staff for a new school.  It is not known what category of school the new school will be, but regardless of this, a temporary governing body would have been set up to make various decisions. Here’s the link to the regulations that govern the process, in addition to Chapter 20 of the School Governors Guide to the Law: http://www.legislation.gov.uk/wsi/2005/2912/contents/made
https://gov.wales/school-governors-guide-law

General information about staffing and appointments is provided in Chapter 10 of The School Governors Guide to the Law: https://gov.wales/school-governors-guide-law

First and foremost, the staffing structure would have been approved for the new school. In order to determine the salary for senior leaders, Deputy Heads in this case, a designated process would need to be followed, as set out in the School Teachers Pay and Conditions document

https://gov.wales/school-teachers-pay-and-conditions-wales-document-2021

Further information would be needed to give a more detailed response. Paragraphs 8.3-9.4 (Pages 16-17) provides information for new schools and how to determine leadership pay. The process is complex and advice must be sought from the Local Authority / Diocesan Authority, usually from Human Resources.

Commentary

Facing a school closure is of course a very difficult and emotive time. It is apparent in this case that the governing body sought information and advice from several sources before making a difficult decision on the best way forward. Thinking about the wider picture and considering what is viable and what is best for the pupils is paramount in the long run.

Unfortunately, governors have to make difficult decisions from time to time, but looking at all the information and evidence in a considered way, and following the correct processes will certainly help to inform the governing body on how best to proceed.

Detailed discussion with governors is crucial and whilst some governors did not agree, the majority carried the decision. What is particularly heartwarming is the fact that the closure was ‘dignified and positive.’ This is so important.

The School Organisation Code sets out the requirements, principles and factors to be taken into account for any school organisation proposal: https://gov.wales/school-organisation-code

With advice from the Local Authority, Diocesan Authority as appropriate, and researching all avenues, the governing body will be able to consider any proposal/s as objectively as possible.

Commentary

This case study highlights some important issues that governors need to be aware of when undertaking their governor role. The governing body has three key roles in essence, strategic leadership, accountability, and being a critical friend. Day to day operational issues are down to the headteacher and staff at the school.

Part I of the Handbook for School Governors in Wales sets out the respective roles of the headteacher and the governing body http://www.governors.cymru/handbook/. It is important that everyone is familiar with the distinct roles so as not to overlap.

It is good practice for every governing body to sign up to the principles of conduct for governors so everyone knows right from the outset the parameters they need to follow. Many governing bodies have their own code to follow adapted either from Local Authority information or Governors Cymru Services. If your governing body doesn’t have one in place, it is certainly worth considering. Have a look at:

http://www.governors.cymru/publications/2018/08/29/principles-conduct-governors-schools-wales/

The issue of confidentiality is one that is often raised. Again, it is important that governors are aware of what is deemed to be confidential at each governing body meeting, as well as, at any committee meetings.  The Chair should be clear before the start of a particular agenda item if it is deemed confidential.  The clerk will then minute this item separately, usually as Part II of the minutes.  It is unclear however from the case study, what is meant by ‘issues to be discussed in confidence.’

Usually, information about staff and pupils will be confidential, plus any other matter the governing body feels should be kept confidential. Information on what may not be included in governing body minutes can be found here:

http://www.legislation.gov.uk/wsi/2005/2914/regulation/48/made

There is a useful section on confidentiality in part 2 of the Handbook for School Governors in Wales. http://www.governors.cymru/handbook/

Governors will attend meetings and discuss the business matters of the day, often there is not enough time to perhaps discuss and talk about ideas, suggestions and share effective practices.  This can be invaluable and can clear up any myths about governance too.  

The importance of governors reviewing and discussing policies and procedures cannot be over emphasised. This way, governors become familiar with, and get to understand the processes that should be followed.  If, for example, a complaint is raised by a parent or a staff grievance, and a governor has been approached to sort things directly, they will know what are the correct steps to follow and will not therefore, compromise their position as a governor.  Governors Cymru Services has produced some top tips for governors to assist with their work: http://governors.cymru/publications/2018/08/29/top-tips-governors/

Commentary

When any school organisation proposal is in the pipeline, there is a set process to follow. The Code on School Organisation provides detailed guidance to which relevant bodies must have due regard.

https://gov.wales/school-organisation-code

School organisation proposals can be complex in their own right and can also be quite an emotive area. An amalgamation of linked infants and junior schools is not uncommon. It can be a positive way to develop and progress school organisation, bringing about many benefits but there will inevitably be challenges. Informal dialogues with both governing bodies from the outset is crucial, as is the formal consultation period to hear and assess everyone’s views. The role of the Local Authority is key in ensuring effective collaboration with all relevant parties.

This case study indicates that building work is being undertaken for the newly amalgamated school. The scale is unknown but whilst exciting, effective and efficient project management will be essential to ensure a streamlined transition, in conjunction with the Local Authority.

Staff restructuring, going through the appointment for staff in the new school, transfer of contracts and arranging new contracts is a task in itself.  Unfortunately, there will be winners and losers, and this can be very difficult time for the staff, as well as governors.  Advice will be provided from the Local Authority to assist the governing body with any staffing matters.

A temporary governing will have been set up to oversee the process. Here is information about the process:http://www.legislation.gov.uk/wsi/2005/2912/contents/made

See also:

https://gov.wales/school-teachers-pay-and-conditions-wales-document-2021

Commentary

It is sometimes difficult to recruit a senior leader post, particularly that of headteacher. The number of applications for these posts can in some cases be significantly low. The school’s Challenge Adviser or relevant Local Authority officers will play a key part in assisting governors with the recruitment process.

There are timescales for the appointment process due to resignation deadlines for staff at their current schools, if they were successful is securing a position at another school. Information about this is detailed in The Burgundy Book – https://www.nasuwt.org.uk/uploads/assets/uploaded/330e7539-3bf6-4538-a0346b6fef5994cc.pdf

Headteachers need to give the following notice:

30 September to end contract on 31 December
31 January to end contract by 30 April
30 April to end contract by 31 August

All other teachers need to give the following notice:

31 October to end contract on 31 December
28 February to end contract by 30 April
31 May to end contract by 31 August

If these timescales were not adhered to, the school may be faced with a longer period without the senior member of staff in place, however, the timescales for the appointment process is a decision that the governing body makes.   That said, staff leaving times can sometimes be negotiated with the governing body of their own school. 

Writing the advert and job specification for the role is crucial to attract good candidates, as well as preparing the application pack which should contain contextual information about the school and its vision.

Governors Cymru Services has a guide on the appointment of headteachers and deputy headteachers which includes information on the advert, the job specification and the application pack.
http://governors.cymru/publications/2018/08/29/governor-guide-appointment-headteachers/

Commentary

When faced with a reduced budget, the governing body must look at areas in which they can save finances, hopefully without having to start the statutory redundancy process.   This is going to be a difficult time for everyone involved so has to be handled sensitively.  The headteacher will need to keep staff up to date on what is happening throughout the process.

Any proposal made by the governing body to reduce staff hours must be consulted on with the staff in question and their trade union representatives.  Once the decision has been made by the relevant governing body committee, staff have the right to appeal against the decision.  This process is stipulated in the school’s redundancy procedure.

ACAS produce guidance on redundancy procedures and fair procedures (https://www.acas.org.uk/redundancy) but the governing body must follow the steps within their own policy at the school.

Please seek advice from the Local Authority or Diocesan Authority as appropriate, right from the beginning or contact Governors Cymru Services on support@governors.cymru

Commentary

The governing body relies on the headteacher and senior staff to provide the information they need to fulfil their critical friend role, that said, the school performance data should also help to indicate the strengths and weaknesses at the school.  It is important to check that all the relevant members of the governing body attended mandatory training on understanding school data? (https://gov.wales/training-school-governors-understanding-school-data).   Maybe a refresher course is a good idea for all governors.

Whilst the data is important, it is equally important to look at the contextual information.  This is where the governing body and their role as the critical friend is crucial.  Governors need to ask those questions to get the story behind the data in order to make an informed decision as to what strategies the school should have in place, and to agree the school development priorities.  Examples of questions can be found below:

• What is the overall attainment reached by the end of each key stage?
• What are the attainment and standards reached in each year groups, class and subjects and for individual pupils compared to their predicted outcomes and the national average (if available)?
• How do these results compare with our targets?
• Are some individuals and groups of pupils doing better than others? If so, why and what strategies are in place to sustain and share good practice and bring about improvements?
• Are pupils making better or worse than expected rates of progress by the end of their time in school and in the intervening years?

Governors Cymru Services has suite of resources that can help the governing body in this area:

The Critical Friend – http://governors.cymru/publications/2018/08/29/critical-friend/

The Strategic Role – http://governors.cymru/publications/2018/08/29/strategic-role/

The governing body and school improvement – http://governors.cymru/publications/2019/08/01/governing-body-and-school-improvement/

How to challenge effectively – practical tips – http://governors.cymru/publications/2019/01/14/how-challenge-effectively-practical-tips/

Governor Guide on The Use of Performance Data – http://governors.cymru/publications/2018/08/29/governor-guide-use-performance-data/

Commentary

There are set procedures to follow when an allegation against a member of staff is received. This will depend on the nature of the issue, for example, was this a conduct, or safeguarding issue in this situation?  It is sometimes difficult to investigate an anonymous allegation so approaching the staff was a good idea. 

The governor who was tasked with carrying out the investigation should have received some support during the process, from the Local Authority, and Governors Cymru Services if the governing body were subscribers to the service.

Welsh Government guidance on disciplinary and dismissal procedures for school staff

(https://gov.wales/disciplinary-and-dismissal-procedures-school-staff) details the process, but ultimately, the school’s own policy and procedure must be followed.

This governing body was lucky to have someone who had experience in this area.  Have you carried out a governor skills audit?  If not, there may be governors who have expertise in certain areas that the governing body can utilise. Their specific skills can be used to carry out governing body functions effectively. Governors Cymru Services has a template that can be used:

http://governors.cymru/publications/2018/08/29/governor-skills-audit/ Please seek advice from the Local Authority or Diocesan Authority as appropriate, right from the beginning or contact Governors Cymru Services on support@governors.cymru

Commentary

All schools must have a policy that deals with capability of staff at the school (often this will be provided by the Local Authority) agreed and adopted by the governing body. It is noted that the governor felt the process took time but staff undergoing a capability process must be offered the opportunity to improve.

There is usually a 3-step approach which includes an informal stage with a support programme put in place, to a more formal stage when warnings may be issued, to the final stage of dismissal.  There is national guidance from Welsh Government on dealing with the capability of headteachers (https://gov.wales/capability-headteachers-guidance). The Chair of governors is usually responsible for dealing with headteacher capability at the informal stage of the process, with a capability panel being set up to deal with Stage 2.  Stage 3 of the process would be dealt with by the staff disciplinary and dismissal committee.

The Local Authority is the employer of staff in community schools; however, governing bodies have delegated powers to deal with conduct, discipline and capability of staff.  Support will be available from the Local Authority however, there may be times when an external opinion will be beneficial to ensure that impartial advice is received.  Governors Cymru Services provides independent support for governing bodies in Wales –http://governors.cymru/subscriptions/

Commentary

All local authorities have a School Forum which was introduced to develop dialogue between local authorities and their schools on “budgetary issues, including school funding levels for the coming year, pressures on future years’ budgets, changes to local funding formulae, as well as reviewing contracts/service level agreements for services to schools.” Here is the link to Welsh Government guidance on best practice for this Forum – https://gov.wales/school-budget-forums-best-practice-guide

Headteachers, governors and non-school members will make up the membership of this forum.  Do you know who the members are in your area?  

Does your area have a Local Governor Association, where you can attend with governors to discuss local issues and share best practice? Further information can be found here: http://www.governors.cymru/local/

Many schools work in clusters to share ideas and work collaboratively on specific areas. Cluster schools may even share staff, for example, a Business Manager.  Have you thought about anything like this? You might like to share some innovative ways of working that your schools have developed here with further case studies.

One of the main roles for the governing body is setting financial priorities for the school and monitoring expenditure against the school’s budget.  Whilst funding is allocated on a year-by-year basis (depending on pupil numbers in the main), it is best practice for the governing body and staff at the school to plan the school improvement activities over a three-year period.  This will need to be reviewed once the budget has been agreed in May each year.   Chapter 8 of The School Governors Guide to the Law provides a useful overview of managing the school’s budget:

https://gov.wales/school-governors-guide-law

Governors Cymru Services also has a guide on school finance which may be helpful.  It includes information about the role of the finance committee, linking the budget with the School Development Plan, as well as questions that governors could ask when discussing and evaluating the school’s finances, plus additional reference material.http://www.governors.cymru/publications/2018/08/29/governor-guide-governors-and-finance/