bath & wells: services for children and young people
schools & colleges

Governors

Foundation Governors are one of the six existing categories of governor under the most recent government legislation, these being:

Foundation Governors
Parent Governors
Community Governors
Staff Governors
Local Authority Governors
Sponsor Governors

All Church of England Schools must have Foundation Governors, but only at VA schools must they outnumber all other categories of governor put together by a majority of at least two. In the Diocese of Bath & Wells we have three types of Foundation Governor:

• The ex-officio governor – normally the incumbent unless a substitute has been nominated and agreed by the Archdeacon
• Foundation Governors appointed by the Diocesan Board of Education on a nomination from a PC
• Foundation Governors appointed directly by the PCC

So why do we have Foundation Governors?

In short, it is a requirement of the Trust under which Church of England Schools were established, when local churches or patrons undertook to build schools for the education of the children of their local communities, and endowed them with a Church of England Foundation.

They have a special responsibility:

• To ensure that the guiding principles of the founding church are incorporated into all aspects of the governance of the school.
• That the terms of the trust deed governing the school are adhered to.

Every Church of England school must have a Trust Deed which stipulates the principles and legal conditions under which the institution was established and should be run. It is advisable for schools to have a copy of their trust deed, some of which are held by the Diocese, some by the Diocesan Solicitors, and some which are no longer traceable locally but are available from the National Records Office at Kew.

The Diocese can give details of how to access these and of any costs involved.

At the majority of Church of England schools the Trust Deed will dictate that the buildings are used for Educational Purposes only (there are many exceptions and anomalies, so it is always best to seek professional advice on this), with a clause specifying use by the local Church on particular days or occasions.

There are specific situations and occasions when the Trust Deed becomes particularly important. These are:

• For Ofsted inspections and SIAS inspections.
• For VA schools in relation to their admissions policy. Conditions stipulated in the Trust Deed are legally binding and supersede all other legislation in terms of oversubscription criteria priorities.
• When considering extended school activities – specifically if the school is proposing to bring third parties onto the school site to deliver extended school services. This relates back to the terms of the Trust Deed in relation to the use of the school buildings and any agreement made which breaches the terms of the Trust Deed would be invalid. It is essential therefore to consult the Diocese at the earliest opportunity when considering such a move. There are ways of overcoming issues, but is best to leave sufficient time in case the Charity Commission has to be consulted.
• The building of a children’s centre or Surestart Centre would need to have regard for the same considerations as the previous point.
• When reconstituting the Governing Body.
• If considering collaboration, federation or amalgamation as part of school re-organisation and the pressures of falling numbers on roll.
• If the school is to be transferred to a new site.
• If the school is considering closure.

So who are the actual Trustees of the school?

Traditionally it was the vicar and church wardens who were the trustees of the local church school. With changes in local church structure and a reduced number of clergy both nationally and locally, the Charity Commission has increasingly favoured the appointment of the Diocesan Board of Finance as the Trustee, as this is a permanent and incorporated body, thus ensuring clear continuity.

The Ethos of the School

In the last round of reconstitution in 1999, the National Society issued a model ethos statement for all Church of England schools, which was adopted almost universally by Dioceses across the country (see sheet).

While the whole governing body has agreed to this ethos statement, it is the foundation governors who have a particular responsibility to ensure that it is reflected in all aspects of school governance and life.

The Three Main Elements of School Governance

• Strategic Overview
• Critical Friend
• Accountability

The Governing Body is a corporate body that has responsibility for the governance of the school. All members of the governing body, regardless of what category of governor they fall into, have a duty to undertake these three core elements of governance. The role of the Foundation Governor has particular importance, however, for they do have a remit also as representatives of the Founding Church and of the Trustees.

Foundation Governors must bear in mind the principles of the Church of England, of the Trust Deed and of the Ethos Statement of the school in relation to all three core elements of governance.

Strategic Overview

It is the responsibility of the Foundation Governors to ensure that the foundation of the school is sustained and developed. They have a vital role to play in the development of the School Improvement Plan, which now looks at all aspects of school development over a 5 year period. This should include all aspects of the school, underpinned by the ethos statement. Evidence continues to support the view that schools with a strong ethos perform better academically and in a broader context than those that do not.

Whether the Governing Body is considering the work/life balance of the headteacher, the asset management plan relating to the school buildings, or the setting of targets for SATS or GCSE results, it is the role of the foundation governor to put it within the context of the Christian foundation of the school.

The foundation governor will also be able to bring to the school its strategic relationship to both the local and diocesan church community and through this to the local community in a wider sense, and vice-versa. This will be explored in greater depth in the next session.

Critical Friend

In the same way, the foundation governor has a specific additional role and an added perception to bring to this aspect of school governance.

Accountability

Foundation Governors can add the extra dimension of accountability in relation to the foundation of the school, the trust deed and the ethos statement. In practical terms this can have a wide range of applications, perhaps the most obvious of which is in relation to the premises of the school, which the governing body are effectively stewards of for future generations.

Forms

Somerset Governors Approval form

North Somerset approval form PCC VC School

North Somerset approval form DBE Foundation Parent VA School

North Somerset approval form DBE VA School

North Somerset approval form DBE VC School

North Somerset approval form ex officio VA School

North Somerset approval form ex officio VC School

North Somerset approval form PCC Foundation Parent VA School

North Somerset approval form PCC VA School

BaNES approval form DBE Foundation Parent VA School

BaNES approval form DBE VA School

BaNES approval form DBE VC School

BaNES approval form ex-officio VA School

BaNES approval form ex-officio VC School

BaNES approval form PCC Foundation Parent VA School

BaNES approval form PCC VA School

BaNES approval form PCC VC School

BaNES List 99 Check

For more information

Anyone who would like to know more about being a Church school governor or any existing Church of England school governor who needs extra information about their school and their additional responsibilities should contact: