Download - Clerks’ Conference- June 2010 Trust Schools
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Clerks’ Conference- June 2010Trust Schools
ObjectivesAt the end of this workshop, you will be better able to:• understand what a Trust School is• advise your governing body about the process
involved in forming a Trustand• be aware of the differences in clerking a Trust Board• be aware of other models of governance and
organisation
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What are Trust Schools?
Work in pairs – are these statements true or false?
• Trust schools are maintained by the Local Authority• Only primary schools can acquire a Trust• Trust schools are the same as Academies• Trust schools are state funded foundation schools• Trust schools are always run by businesses• Only outstanding schools can become a Trust school
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What does this mean for the clerk?
During decision-making period
Post Trust formation
Clerking a Trust Board
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Decision-making period
Minuting decisions and underlying reasons
Key decisions on agenda at right time
Information provision
Procedural advice
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Key decision pointsInitial decision to investigate Trust Status
Resolutions Interim decision: Do we want to carry on?
Go to informal consultation
Go to formal consultation
Consider / minute responses to informal consultation
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Is that your final answer?Resolution to Approve Trust proposal
Consider / minute responses to formal consultationConsider / minute statutory tests have been met
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Synchronize and standardize!Governing Body Meetings
Resolutions
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InformationRegular updates
Steering Group Communication
Trust Schools Toolkit
Governors’ Guide to Trust Schools
SSAT and FASNA websites
SSAT meetings / seminars
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Us and ThemGovernors meet partners
Keep staff informed
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Procedural AdviceNotify LA that school is investigating change of
status
Consultation Consult all relevant stakeholders
Formal proposal includes all necessary elements:RationaleList of written responses receivedList who has been consultedStatement on improved attainment
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Procedural advice contd.
Consultation contd. Chair of Governors sign statutory notice Post notices correctly Consultation run for correct period Capture / retain responses
Make a decision!
Advise on Governing Body vacancies
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Clerks’ role in Post Trust Formation
Procedural advice
Agenda setting & minuting decisions
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Procedural advice
Chair of Governors sign Memorandum & Articles of Association
Notify LA and DfE of decision
Formal notification to staff Change to contracts
Notify stakeholders
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Procedural Advice contd.Notify rating authority
Join FASNA
Consider purchasing HR and H&S services
Implement H & S obligations
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Agendas and Minutes
Reconstitute
Nominate candidates for Trust Governors
New Instrument of Government
Appoint Trustee(s)
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Constitutions of Trust SchoolsIn most cases, the governing body will include a
minority of foundation governors appointed by the Trustees:
Parents: at least one thirdAuthority: at least 1 and no more than one fifthStaff (incl HT): at least 2 and no more than one thirdCommunity: at least one tenthFoundation: at least 2 and no more than 45%(appointed by the Trustees)
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Activity- Create your own Instrument!
• Your governing body has decided to have 15 governors on the new governing body
• Your governing body has decided to have 12 governors on the new governing body
• Your governing body has decided to have 20 governors on the new governing body
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Who can be a Trustee? Disqualifications:Anyone disqualified from acting as a company
director or charity trusteeAnyone with criminal convictionAnyone barred from working with children Anyone under 18 yearsAnyone detained under Mental Health ActAnyone employed by member of Trust (except
Head Teacher)
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Role of Trustee
Trustee individually responsible for all legal and financial aspects of Trust.
Not a school’s representative
Critical friend of Trust
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Agendas and Minutes contd.Policies
Change policies, Financial Regulations etc. Adopt Essex correct model HR policies
Establish Parent Council
Admissions Formulate, consult on & agree Admissions Policy Establish Admissions Committee Agree arrangements for Admissions Appeals
Consider granting LA ‘Advisory rights’
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Clerking a Trust Board
Charity Commission regulations and Companies Act
www.charitycommision.gov.uk CC48 Charities & Meetings CC3 The Essential Trustee
www.companieshouse.gov.uk Companies Act 2006, Life of a Company, Part 2
www.businesslink.gov.uk
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What does a Trust need?Memorandum and Articles of Association
Registration with Charity Commission & Companies House
Registered Office
Chair
‘Secretary’
Policies
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RegistersRegister of members
Register of Trustees name / former name Service address Part of UK where live Nationality Business Dob
Register of Trustees’ residential addresses
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Meetings: AGMAll members (proxy allowed)
14 day notice
Quorum = minimum of 2 members
Annual report & annual accounts
Written resolutions
Minutes to members
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Meetings: Trustees
14 day notice
Quorum = minimum 1/3 + 1
Frequency = minimum 1 pa
Electronic meetings allowed
Written resolutions
Minutes to Trustees
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Minutes
‘secretary’ = recommendation
Legal record of business of meeting
Minutes book
Retention during existence of Trust
NOT public documents Recommend AGM minutes available upon request
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New Directions……? “The Government is genuinely committed to giving schools
greater freedoms. We trust teachers and headteachers to run their schools. We think headteachers know how to run their schools better than bureaucrats or politicians.” (DfE)
‘The indecent haste to rush all “outstanding schools” into academies is predictable but nonetheless disturbing for that’
(NUT)
‘The NGA is dismayed that the Academies Bill allows such a fundamental change in the designation of the school to be carried out without any requirement to consult local stakeholders’
What is the potential impact for governing bodies?
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Further Support
• The CD Rom contains lots of useful information about setting up a Trust, including template letters for clerks.
If you need further support, just get in touch!• Sue Julian-Ottie [email protected]• Simon Ward [email protected]• Debbi Botham [email protected]
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Our objectives were:At the end of this workshop, you will be better able to:
• understand what a Trust School is• advise your governing body about the process involved in
forming a Trustand• be aware of the differences in clerking a Trust Board• be aware of other models of governance and organisation
Thank you!