Commentary

Did the Chair meet with the staff to explain the situation initially when the headteacher went off sick?  This may have addressed any unhappiness within the staff group.

There are a few questions to ask: Why was the chair dealing with day-to-day issues at the school? Or was this just the perception of the new governor?  The headteacher and chair have a very distinct relationship, that is based on trust and mutual respect for each other’s role.  Bearing this in mind, the chair would have the responsibility for managing the sickness absence of the headteacher, with advice from Human Resources at the Local Authority. Every school should have a managing sickness absence policy for staff in place which must be followed. Useful information can be found here: School Workforce Attendance – https://gov.wales/school-workforce-attendance-guidance

In the absence of the headteacher long-term, governing bodies must appoint an acting headteacher for that period of time to ensure that the school is managed appropriately, which is what happened in this case.  This process should take place as soon as possible.  Sometimes this appointment is made internally. If there is no one suitable within the school, the governing body can liaise with the Local Authority to appoint someone externally.  This could be an effective deputy headteacher at another school.  The regulations that govern the process for the appointment of an acting headteacher can be found (regulation 10(2)-10(7) – http://www.legislation.gov.uk/wsi/2006/873/contents/made).

If the “situation had been developing overtime,” was the sickness absence stress related?  The governing body is responsible for ‘ensuring that the headteacher has a reasonable workload in support of a reasonable work life balance, having regard for health and welfare’ and ‘providing headteachers with dedicated time that recognises their significant leadership responsibilities for the school’.  Was the Chair / governing body monitoring this?  Sources:

The Staffing of Maintained Schools (Wales) (Amendment) Regulations 2009 – http://www.legislation.gov.uk/wsi/2009/2708/contents/made

The School Teachers Pay and Conditions (Wales) Document –

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

The Chair would have a responsibility to ensure that the acting headteacher had the support needed to carry out the role in the interim, and that they understood the governing body’s role in supporting and challenging the school.  Meetings between the Chair and acting head should take place regularly.

Governors Cymru Services guide on The Role of the Chair includes information on this important relationship. http://governors.cymru/publications/2018/08/29/governor-guide-role-chair/

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 the capability of staff at the school, 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 and support must be provided.

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 capability of teaching staff (https://gov.wales/capability-school-teaching-staff-guidance) and separate guidance for dealing with the capability of headteachers

(https://gov.wales/capability-headteachers-guidance).

Capability procedures are confidential to those involved so it was correct that discussion did not take place at full governing body meetings. This would have tainted governors who might be involved in any further stage of the process.

There should also be support available to the staff disciplinary committee who met to dismiss the member of staff following the capability process, if not from a different officer from the Human Resource department, but possibly from Governor Support.  Support and advice are also available from Governors Cymru Services.

Commentary

Incidents such as this are unacceptable on school grounds. It is about showing respect to one another, even if people do not agree, discussing any concern/s in a rational and reasonable way. It is important to handle these situations well. The school quite rightly sort advice from the Local Authority and seems to have followed the steps outlined in the school’s policy.  Do check out your own school’s policy should an incident arise.

Putting posters up in school which provide examples of unacceptable behaviour that will not be tolerated, and placing reminders about good behaviour in newsletters, are useful ways to reinforce school expectations.

The school also investigated the allegation around bullying but found no case to answer. Was the school’s complaint policy instigated? The school should also have designated policies in place. Here is some additional information:

https://gov.wales/school-complaints-procedures-guidance

https://gov.wales/rights-respect-equality-guidance-schools

It would have been sensible, therefore, to have issued a letter to the parent who behaved inappropriately, (not just to the ‘threatened parent), outlining that such behaviour at the school was a very serious matter and should not happen again and indicating what action would be taken. This may very well have helped to appease the overall situation with the ‘threatened parent.’

Schools can of course barr troublesome and aggressive parents from the school for a period of time. Paragraph 71, chapter 25 of The School Governors Guide to the Law, provides useful information on this:

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

Ultimately, schools need robust policies and procedures in place to address any issue that arises swiftly.

Commentary

From the information provided the school has obviously received an unfavourable inspection report.  Articles have subsequently appeared in the press, which would not possibly have helped and which may have contributed to negative comments and concerns being received.  In these circumstances, it is important for schools to implement their crisis management policy in conjunction with their Local Authority, and in this case, particularly, on how to respond to press comments and parental concerns.

This is always a difficult situation to manage but ultimately, the school whether or not it has been placed in special measures or a category, needs to have a robust action plan in place, to improve areas of concern as soon as possible.

On publication of the inspection report, the governing body must produce an Action Plan within 20 working days. The Action Plan must show what will be achieved and implemented, in response to the inspection recommendations.   Please see guidance from Estyn on inspections:

https://www.estyn.gov.wales/inspection as well as Part 4 of the School Governors Handbook http://governors.cymru/handbook/

The governing body must also ensure that the recommendations from the report are built into the School Development Plan and are monitored and evaluated.  Reports on progress made by the school should also be communicated in the governors’ annual report to parents.

Even if the Senior Leadership Team are being defensive, there must to be a planned approach to address any recommendations swiftly. It is the role of the governing body after all, to challenge effectively.  The governing body should be ensuring it receives all the information it needs to makes sound judgements, and to fulfil its strategic functions effectively, not least to place the school in a better place. Here are some useful tips:

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

A working group is a useful way to steer the work required for the key actions. Support from the Local Authority, Regional Consortium or Diocesan Authority as applicable, is essential to help the school on its improvement journey. As the school gets back on its feet, this support might inevitably become less. If this happens, it doesn’t mean that the school slows down the progress it is making. It usually means that the school is on the right track to ensure improvement. Please note that Welsh Government has consulted on ‘ending categorisation as a formal national process with published outcomes.’ This section will be updated as soon as possible.

Source: https://gov.wales/school-improvement-guidance

Updates on the inspection process and new arrangements for 2021-2022 can be found here:

https://www.estyn.gov.wales/inspection-process/our-new-inspection-arrangements-schools-and-prus

Commentary

How schools engage with parents and carers is crucial. This case study provides an excellent example of the effect of dropping into a different national category and the reaction of parents as a result. Please note that Welsh Government has consulted on ‘ending categorisation as a formal national process with published outcomes. The core purpose of categorisation – determining what support schools need to improve will remain, but categorisation itself will be replaced by a support process, led by regional consortia, in which consortia agree with schools the support they need to improve.’

This section will be updated as soon as possible.  https://gov.wales/school-improvement-guidance

The School has implemented a variety of good approaches with the support from the Challenge Adviser to develop communication strategies with parents. This now needs to become fully embedded into everyday life and developed over time. Every school will have their own communication strategy in place, and what works for one may not always work as well for another school. By keeping parents fully informed along the way, this can prevent complaints and concerns escalating.

The numerous changes of the Chair of governors in a 12-month period is considerable and would not have helped to promote stability. The school and governing body now need to pull together in a concerted effort to develop and implement a longer-term Communication/PR strategy.

There are lots of examples of effective practice that provide useful ways to engage with parents. Effective parental engagement can help to inform strategic planning, improve learner outcomes, promote community engagement, as well as improving governor accountability. Parent surveys, information published in school bulletins and on the schools’ website about the work of the governing body and key school priorities, governor representative(s) attending parent evenings, are some of the ways to engage with parents.  

Governors Cymru Services has a resource for governors on engaging with parents.

http://governors.cymru/publications/2018/08/29/engaging-parents-role-governing-body/

Here are a few case studies provided by Estyn to also help you on your way:

https://www.estyn.gov.wales/news/parental-involvement-schools-helps-pupils-achieve

https://www.estyn.gov.wales/thematic-report/involving-parents-communication-between-schools-and-parents-school-aged-children

Information from Welsh Government:

https://gov.wales/parenting-engagement-and-support-guidance-providers
https://gov.wales/family-and-community-engagement-toolkit-welcoming-families-engage-school

Commentary

The governing body plays a strategic role in the financial management of the school, ensuring the school’s financial resources are utilised in support of improving learner outcomes in the most efficient and effective way.

In this example, the governing body clearly recognises the need to improve their knowledge and understanding of how the budget works, which will in turn help governors to develop their accountability and strategic roles and not ‘nod things through.’ The commitment to developing this area of work is commendable. Developing a good working relationship with the new LMS officer is clearly a good starting point.

Does your governing body have a finance committee? This is a good way of utilising any specific financial expertise that governors may have and it is often easier with a smaller group to discuss and get to grips with the budget, as well as monitoring the income and expenditure, before discussion at whole governing body level.  Here is an example of terms of reference for this committee:

http://www.governors.cymru/finance/

LAs will often provide training on school finances for headteachers and governors. This is an excellent way of gaining a greater understanding of how the budget is set out etc. Please contact your local governor support officer for further information.

Governors Cymru Service provides an overview of information about school finances. Why not have a look at the following:

Part 4 of the handbook – http://www.governors.cymru/handbook/

http://www.governors.cymru/publications/2018/08/29/governor-guide-governors-and-finance/

Commentary

Appointing a headteacher is probably the most important task of the governing body.  Getting the right person to lead the school is crucial for the school’s success. The process, therefore, needs careful consideration and expert advice from the beginning to the end of each stage of the selection process to assist the governing body. This will be available from officers at the Local Authority / Regional Consortium, and Diocesan Authority as applicable.

The Local Authority will have information and guidelines about the headteacher appointment process. Governors Cymru Services also has a useful governor guide to assist you:

http://www.governors.cymru/publications/2018/08/29/governor-guide-appointment-headteachers/

In this case study, it is understandable that the deputy headteacher would be disappointed that they were not appointed, this is only natural. Ultimately, the governing body would have appointed the best person for the job based on detailed selection criteria and a thorough appointment and interviewing process.

Unfortunately, disillusionment can set in amongst staff but this could also be for a variety of other reasons.  Everyone from parents, staff and governors now need to move on in the best interests of the school. It will be the task of the new headteacher, along with the governing body, to bring everyone together and develop new pathways and whole school strategies, not least for team development. However, this does not happen overnight.

It is inevitable that a new headteacher will want to change and develop certain aspects of school life. How this is achieved needs careful handling in itself, as we can see from this example. Getting everyone on board requires time and diplomacy! Staff training and professional development opportunities will certainly help. Revisiting the school vision using some INSET time and inviting governors to attend can be a useful starting point.

As for the governing body, it is apparent that it was not fulfilling its strategic function effectively, in particular, the critical friend role. Governors need to ensure they have a robust in-depth understanding of school data and they ask questions to challenge the status quo.  Governors should not therefore, be surprised when their expectations and understanding of how things are within the school, are challenged.

Here are some useful ways to develop the critical or questioning friend role, in addition to information on how to gain a better understanding of how to use performance data:

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

http://www.governors.cymru/publications/2018/08/29/critical-friend/

http://www.governors.cymru/publications/2018/08/29/governor-guide-use-performance-data/

Have all the relevant members of the governing body undertaken the mandatory training on school performance data? Check with your clerk and / or the Local Authority to see if you need to attend.

School self-evaluation exercises and a self-review of governing body effectiveness are a great way to reflect on the school strengths and areas for development in a user-friendly way. This in itself, can help to promote discussion, ownership and most importantly create an environment of openness and transparency. As a governor, are you fully involved in the school self-evaluation processes? Does the governing body review its own work looking to how it can improve? Your Local Authority /Regional Consortium will have some information on this to assist you, along with the Governors Cymru Services templates.

http://www.governors.cymru/selfevaluation/

Commentary

The budget allocated to individual schools is calculated using a locally determined funding formula drawn up by the Local Authority.  A large percentage of the money received at school level is based on the number of pupils enrolled at the school. There are also other sources of funding available to schools, for example, the Pupil Development Grant. The Local Authority will also consult on the funding formula for their area, so it is incumbent on individual schools to ensure they respond accordingly with any comments and concerns.

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.” Headteachers, governors and non-school members will make up the membership of this forum. If schools and governing bodies have concerns, this is an excellent forum to raise any issue.

https://gov.wales/school-budget-forums-best-practice-guide

Answers to questions about school funding arrangements can be found here too:

https://gov.wales/funding-schools-faqs

Further information about schools and finances is also available:  http://www.governors.cymru/publications/2018/08/29/governor-guide-governors-and-finance/

Schools will sometimes be asked if members of staff can be seconded from time to time, to work for the Local Authority or Regional Consortia. The benefits can be severalfold – invariably, the staff in question will have demonstrated excellent practice and the Local Authority / Regional Consortium will wish to tap into this expertise to share best practice with schools and practitioners across the region.  

It also provides excellent professional development opportunities for those seconded and also for those who act up in posts within the school in the interim, while a member of staff is on secondment.  The whole process does, however, have to be managed properly, and a balanced approach is needed between allowing staff to be seconded, at the potential detriment of the school concerned. In high performing schools, it is likely that there will be several requests.

Schools/Governing bodies should have a secondment policy in place, which will help them to determine the best way forward.

The PDG is a key education policy to tackle the impact of deprivation and disadvantage on educational outcomes.  As this grant is linked to those pupils eligible for free school meals and those who are looked after, schools in Wales will receive different levels of this funding stream.  Schools are required to publish their online PDG allocation, as well as an outline of how the funding is used to improve outcomes.  This is also be linked to future work goals within the School Development Plan.   Accountability processes are in place to monitor and evaluate the impact of strategies. Where there is evidence that the PDG has been inappropriately or ineffectively spent, the grant would be recovered.  

https://gov.wales/pupil-development-grant-guidance

A range of information about the Pupil Development Grant (PDG) can be found here:

https://gov.wales/education-of-disadvantaged-children Governing bodies need to be evaluating and assessing what impact the school’s spending of the PDG grant has on specific pupil’s performance. Estyn inspectors will also be looking at this as part of the Common Inspection Framework when inspecting schools.  Further information can be found here – https://www.estyn.gov.wales/inspection

Updates on the inspection process and new arrangements for 2021-2022 can be found here:

https://www.estyn.gov.wales/inspection-process/our-new-inspection-arrangements-schools-and-prus

Commentary

School governors have many responsibilities. Ensuring all governors are fully involved is key to an effective governing body, but this doesn’t mean that individual governors have to be involved in all aspects of the governing body’s work. 

A good starting point is for the governing body to undertake a skills audit. This is an excellent way to assess the skills, knowledge and experience of governors and enables the governing body to look at where there are gaps, what training is required, and how best to use the skill set of governors purposefully.  If individual governors have expertise in certain areas, the governing body can tap into this to strengthen a particular area of their work.  For example, a governor with financial expertise could assist with the work of the finance committee.

An example of a skills audit can be found here:

http://www.governors.cymru/publications/2018/08/29/governor-skills-audit/

Governing body meetings need to be efficient but the climate of the meeting also needs to be open and transparent, whilst creating an environment that is conducive to asking those challenging and supportive questions. Governors are not there after all to rubber stamp decisions.  Some useful tips are provided here:

http://www.governors.cymru/publications/2019/03/01/how-make-your-meetings-more-effective/

In addition to the above, a governing body that has developed effective teamwork, as well as a mentoring approach for new governors, will usually be proactive in developing and sharing key areas of work, for example via link governor work, committees and working groups.

http://www.governors.cymru/publications/2019/03/01/governing-body-effective-team/

http://www.governors.cymru/publications/2018/08/29/top-tips-governors/

All of these are excellent ways to get governors fully involved as a starting point. Why not share other ways of working to fully engage governors that your governing body may have implemented.

Commentary

Please note that the commentary is based on the current legislative framework for Additional Learning Needs (ALN) pupils.

The roll out of the Additional Learning Needs and Education Tribunal (Wales) Act will now commence in September 2021. Further information can be found below regarding specific roles and responsibilities.

https://gov.wales/additional-learning-needs-transformation-programme

https://gov.wales/the-additional-learning-needs-code-and-regulations

All schools and governing bodies have statutory duties regarding pupils with ALN. This includes the governing body’s responsibility to determine the school policy and approach to meeting the needs of pupils with ALN and those without. Most governing bodies appoint a link governor and/or committee to have overview and oversight of the school’s arrangements.

https://gov.wales/special-educational-needs-code-practice

add link here – https://gov.wales/additional-learning-needs-code

Governors Cymru Services also has information on the role of the SEN/ALN link governor.

http://governors.cymru/sengovernor/

The Local Authority also has a specific responsibility to provide support to schools, regarding the making of provision for children with ALN, as well as planning, monitoring and reviewing the provision for these children.

It would be reasonable, therefore, to expect dialogue with the Local Authority on the best way forward for individual pupils who are causing serious concern. This would usually involve the relevant staff member e.g. ALNCO and possibly the Headteacher, plus in some cases, any other relevant multi-agency organisations.

The actual involvement of governors in this case may well be further down the line, should there not have been adequate support provided.

Ultimately, there is a duty of care to staff members and if following risk assessments and discussion with the relevant agencies, there is insufficient support provided for individual pupils, for example, this could be one to one support, the safety of staff and other pupils is paramount.

No reference is mentioned in this situation of pupil exclusion, but where there are serious and high-risk situations, exclusion could be a consideration, albeit the last resort.

The links below provide additional information:

https://gov.wales/safe-and-effective-intervention-guidance-schools-and-local-authorities

https://gov.wales/keeping-learners-safe

https://gov.wales/behaviour-management-classroom-guidance-secondary-schools

https://gov.wales/behaviour-management-classroom-guidance-primary-schools

https://gov.wales/additional-learning-needs

Please note that the implementation of the ALN system for the first year will be sequenced.  Further information can be found here:

English: https://gov.wales/written-statement-additional-learning-needs-and-educational-tribunal-act-2018-implementation