Taylor (1977)

Notes on the text
Preliminary pages Membership, Preface, Contents

Chapter 1 Introduction
Chapter 2 Present arrangements for school government
Chapter 3 A new approach to school government
Chapter 4 Membership of the new governing bodies
Chapter 5 Communication and cooperation
Chapter 6 Curriculum
Chapter 7 Finance
Chapter 8 Appointments
Chapter 9 Other functions
Chapter 10 Training the new governors
Chapter 11 Procedural arrangements
Chapter 12 The government of voluntary schools
Chapter 13 Recommendations and implementation
Summary of recommendations

Notes of extension and dissent, minority report

Appendix A Evidence
Appendix B History of school managers and governors
Appendix C Visits
Appendix D Education Act 1944: selected extracts
Appendix E Administrative Memorandum No 25 (1945)
Appendix F Letter to parents
Appendix G Aims into practice

Index

Report of the Committee of Enquiry appointed jointly by the Secretary of State for Education and Science and the Secretary of State for Wales under the chairmanship of Mr Tom Taylor CBE

London: Her Majesty's Stationery Office 1977
© Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.

Chapter 4 Membership of the new governing bodies
[pages 21 - 35]

4.1 We have referred in the opening paragraphs of Chapter 2 to the wide variety of practice which has developed in relation to the composition of school governing bodies. It is not surprising that no single pattern of school government should have developed because the statutory framework of the Education Act 1944 was deliberately drawn up in broad general terms to allow for variety. The Secretary of State's approval is required for the articles of government of county secondary schools but, apart from making provision for the representation of minor authorities (1) on the managing bodies of primary schools, the Act did not stipulate what interests should be represented on managing and governing bodies. With this limited exception, local education authorities have complete discretion to make the instruments of management and government for all county schools, although they were expected by the Minister to have regard to the views expressed in the 1944 White Paper and in the 1945 model. It may assist the assessment of our own proposals to quote here those sections of the White Paper relating to the constitution, composition and size of governing bodies:

'Constitution - All secondary schools are to be governed by governing bodies specially constituted for the purpose. In the case of county schools the governing body is to consist of such number of persons appointed in such manner as the local education authority may determine; in the case of voluntary schools the governing body is to consist of such number of persons as the Minister may determine, subject to compliance with the prescribed proportions of foundation governors and of governors appointed by the local education authority.

Composition - In all schools it may be assumed that the governing body will include;-

i. Adequate representation of the local education authority (2)
ii. Other persons whose qualifications are such as to enable them to play a useful part in the government of a secondary school.

The practice of allowing a limited number of co-opted members nominated by the governing body has proved of advantage and might be continued in appropriate cases.

In the case of girls' and mixed secondary schools a proportion of women should be included on the governing bodies.

Among the persons referred to under ii. above It would be appropriate to appoint a representative of a university or university college - particularly of the local university where one exists; and the inclusion of one or more persons associated with the commercial and industrial life of the district is desirable.

There is general agreement that the interests of the teaching staff of the school or schools, as well as of parents and old scholars, should be reflected in the composition of the governing body. The majority of bodies consulted hold that this can be secured without the staff or parents' and old scholars' associations having the right to nominate governors for the purpose. (3)

Size - No precise guidance as to the size of the governing body can be given. In the past governing bodies have sometimes tended to be too large and in consequence their transactions have in some cases been formal and stereotyped. The governing body should be large enough to ensure that the various interests are adequately represented, but small enough for the effective conduct of business in such a way that all members can play an active part.'

4.3 Some authorities who hold this view have grouped all their primary schools under the schools sub-committees of their Education Committees and established governing bodies, with a majority of political appointees, for groups of secondary schools. The general question of the grouping of schools for purposes of management and government has already been considered in chapter 3. Here it is sufficient to note that even where grouping arrangements are in force it is sometimes difficult for local education authorities to find elected members to appoint to all their governing bodies. The increasing number of authorities with a separate governing body for each school have discovered that there are not enough elected members to serve on all of them. To achieve political control they have to rely on the appointment of additional nominees on a political basis.

4.4 It is clear from our written evidence and from our visits that there is widespread dissatisfaction with the dominance of governing bodies by political parties - a feeling which is reinforced by the fact that not all the LEA representatives turn up regularly at meetings. There is dissatisfaction too, with the failure of some governing bodies to exercise any effective control over the way in which their schools are run.

4.5 Our visits included several to areas where the composition of governing bodies had been broadened to provide representation of a wide range of interest. The opportunities we were given to study the experience of these local education authorities, added to the weight of the written evidence, has enabled us to assess the benefits which can result from securing the involvement of all interested parties. We are convinced that if the revised system of school government which we advocate is to operate effectively, provision must be made to ensure that the local education authorities, the staff, the parents of the children attending the school, and the local community have adequate representation on the governing body. The first three were frequently identified by witnesses as the most important of the interests which need to be considered for membership of the bodies. The main differences between witnesses on this issue related to the proportions in which the various interests should be represented. There were differing views on the need for having representatives of all interest groups on the governing body and there were some who did not see the need for any precise pattern of membership to be laid down but preferred this to be settled locally, where the claims of particular groups might most readily be assessed. Some witnesses envisaged the establishment of bodies (with a mainly advisory function) whose membership would be drawn both from local authorities and from teachers, parents, pupils and other interested bodies. Others suggested a general widening of membership, designed to make governing bodies 'more democratic' and involving many different interest groups (teachers, parents, pupils, non-academic staff, parishes and district councils, local community organisations etc); but such submissions often left unspecified the proportion of places to be assigned to these various elements.

4.6 It seems to us that any consideration given to the means by which governing bodies could be made more representative should be based on the recognition first and foremost that each of the four main interest groups can contribute towards the establishment of a partnership based on their common interest in the welfare of the school; second, that no one interest group should play a dominant role; and, third, that between them, the members of the body should be able to speak with knowledge and experience over the whole range of matters which are likely to come up for discussion. We have concluded that within these terms such a partnership is most likely to work effectively if each of the four main interest groups receives the same proportion of the places available on the governing body. We RECOMMEND therefore, that as a matter of principle, the membership of governing bodies should consist of equal numbers of local education authority representatives, school staff, parents with, where appropriate, pupils and representatives of the local community. (4)

4.7 We do not believe that implementation of this 'four equal shares principle' need involve complete uniformity of practice throughout England and Wales but in the following paragraphs we have set out the basis on which the main interest groups should in our view be represented on the governing body and, where appropriate, have indicated the manner in which appointments in each of these categories might best be made. The table at the end of this chapter gives examples of the detailed composition of governing bodies on the basis we have suggested. Of course, the size of the governing body will need to vary with the size of the school. Local education authorities will have to consider this question of size in the light of the circumstances of each school but in our opinion, and we so RECOMMEND, there should never be less than two members in anyone category - a minimum of eight for a governing body - and twenty four members should normally be regarded as the maximum for efficient operation. The examples given in the table are based on these principles.

Local education authorities

4.8 We have referred above to the fairly widespread criticism of the political control of managing and governing bodies. Grouping arrangements have sometimes been made to secure this control but even where individual school governing bodies have been established and authorities have claimed to introduce reforms by widening the membership of these bodies efforts have often been made at the same time to strengthen the political grip. It seems to us very doubtful whether it has ever been of much benefit to local education authorities to attempt to achieve political control of governing bodies or indeed that any principal of democracy or good administration makes it necessary for them to do so. We do not believe that an LEA's ability to meet its responsibilities for the provision of primary and secondary education will be weakened significantly if its representation is reduced within the revised framework we propose.

4.9 This does not mean that we wish in any way to minimise the importance of the part which local authority representatives will need to play in the work of the governing body. Many of our witnesses attached considerable importance to the link with the local education authority which the latter's representatives provide. It has also been suggested to us that their presence helps to ensure that the governing body does not develop a sense of remoteness from the authority. Much of the work of the future governing bodies will, we envisage, be concerned with issues relating to the allocation of resources, both human and financial, and here a well-informed representative of the local education authority will be able to play a valuable part by explaining the policy background to education committee decisions. A further factor, of less importance but one which should not be underestimated, is that many LEA representatives will have had experience of working in committee, a useful asset to a governing body some of whose members may have no previous experience of school management and government or the way in which meetings of public bodies are normally conducted.

4.10 Obviously the local education authority should decide who should represent it on the governing bodies of the schools in its area. In making their decision we suggest that local education authorities give careful consideration to the possibility of including, where appropriate, representatives of district and parish councils, the statutory community councils which in Wales are the equivalent of the latter and the inner London authorities which are not local education authorities. At present, representation of such councils as 'minor authorities' is required only in the case of primary school managing bodies. It is clear that this provision in the Education Act 1944 was designed to ensure the participation in school management of the communities served by the schools. Under our proposals one quarter of the governing body will consist of members specifically chosen to represent local community interests. We consider it unnecessary, therefore, to have a statutory requirement for the appointment of minor authority representatives and RECOMMEND the repeal of the relevant provisions of Section 18 of the Education Act 1944.

4.11 At the same time we accept that statutory local authorities of the kind referred to are in general well equipped to make available to governing bodies members with experience in local affairs and knowledge of the opinions and aspirations of the local community. We RECOMMEND, therefore, that any elected member of a local authority in the area served by the school should be eligible for appointment to a school governing body in either the 'local education authority' or the 'community' category.

4.12 Not only will this enable the local education authority to take such a person into consideration when filling its 'quota' on the governing body; it will also be possible, when individuals are being chosen to fill the 'community' places (see paragraph 4.30) for any authority, of which he is a member, in the area served by the school to put forward his name for consideration in the 'community' category if that council is not already represented in the 'local education authority' group. His claims can then be weighed against those of other candidates for appointment as 'community' governors.

The school staff

4.13 The head teacher

No consideration of the composition of a governing body can properly be undertaken without a clear understanding of the essential role of the head teacher in all its activities. We suspect that few, if any, would dispute the truth of the claim made by the National Association of Head Teachers (NAHT) that 'the success of schools depends very much upon the calibre of leadership as projected by head teachers whose first duty must always be towards their pupils'. It seems to us equally true that the success of the new governing bodies will also depend to a large extent on the effectiveness of the head's contribution to their deliberations and actions.

4.14 We have given careful consideration to the view put forward by the NAHT and others that the head should not be a member of the governing body. It has been argued that the head's position should largely be advisory and for this purpose he needs a measure of independence which cannot be maintained if he is a member of the governing body. It has also been suggested that it is not necessary for the head to be a governor in order to build up a good relationship with his governing body, and that he would be better able to report in an objective way on matters under consideration if his role was solely that of an officer serving the governors.

4.15 It is, however, fundamental to our conception of the governing body that so far as possible those with a direct interest in the running of the school should participate fully not only in its deliberations but also in its decisions. The governing body's overall responsibilities for the life and welfare of the school will generally, on a day to day basis, be discharged through the head and we do not believe that it would be sufficient for these joint responsibilities to be exercised on the basis of a relationship between the head and the governing body which enabled him to take part in discussions but fell short of involving him fully, through membership, in all the important decisions taken by the governing body. We recognise that some head teachers might initially be reluctant to exercise the right to vote which would result from appointment to the governing body in case they became involved in local political arguments. We respect these feelings and acknowledge that occasions could arise when a head, like a governor in any other category of membership, would either find it necessary to withdraw entirely from discussion because of a special interest, or might prefer to abstain from voting on a particular issue for personal reasons. Situations of this kind have been dealt with successfully in those areas where head teachers already serve on school governing bodies and we are confident that in general a head's exercise of his right to vote will not in any way prejudice his professional objectivity or result in difficulties with other members of the governing body which would adversely affect his professional status. We believe that the greater involvement of the head in the work of the governing body will be a community service of lasting benefit to the school and its pupils.

4.16 We therefore RECOMMEND that the head teacher of a school should always by a member of its governing body and that he be included ex officio in the group of members representing the school staff.

4.17 Other staff

Of the places on the governing body allocated to the staff of the school, one would be reserved for the head teacher. The allocation of the remaining places within this category will depend on the size and character of the school. For example, large schools have, in addition to teachers, many supporting staff in a wide range of occupations with different conditions of service, both full and part-time. We believe that the expertise and knowledge of all members of staff - teachers and ancillaries - should be deployed through membership of the governing body. Obviously it would not be right for representation on the governing body as between teaching and supporting staff to be based purely on numerical strength. The role of the teacher is fundamental to the success of the school. We therefore RECOMMEND that priority in the allocation of places within the school staff group on the governing body should be given to teachers, the opportunity being taken to add representatives of the supporting staff where size permits. In schools whose governing bodies consist of eight members, it will be impossible for the supporting staff to be directly represented. In such cases we regard it as important that the views of these members of the staff are obtained by the governing body through arrangements of the kind considered in chapter 5.

4.18 The places available for the staff group should in our view be filled through elections in which the teachers and, where relevant the members of the supporting staff would vote separately for those of their own number who had declared their willingness to serve on the governing body. The precise procedures to be used in the elections should in our view be settled by the local education authority in consultation with all the interests concerned.

Parents and pupils

4.19 Parents

We have stated our view that the new governing bodies should be representative of all those with a major interest in the running of a particular school. It follows that the governing body should include representatives of the parents. We do not believe, however, that parent membership of the governing body is sufficient in itself to achieve the full involvement of all parents in the life and activities of the school. Parent governors are an important means of developing a closer relationship between homes and schools but additional measures will certainly be needed to develop and strengthen this relationship. Our views on what might be done in this direction are given in chapter 5.

4.20 We have considered whether parent membership should be limited to parents of pupils currently at the school or should be extended to parents of former pupils. Parents with children currently attending the school have, of course, an immediate and direct interest in its efficient conduct and well-being. This is, in our view, a compelling reason for concluding that only they should be eligible for appointment to the governing body in this category. Parents of former pupils might well be eligible in a different category.

4.21 We have given a good deal of attention to the means by which parent representatives should be chosen. The widespread appointment of parents to school governing bodies is a comparatively recent development and there has been a wide variety of practice among those authorities which have appointed them. For example they may have been chosen by the head teacher or by the local education authority, nominated by the parent teachers association or co-opted by the governing body. We recognise the good work which has been done by parent governors appointed by such methods. However, not having offered themselves for election, such governors could never be sure of the extent to which they were speaking for the general body of parents; nor indeed might they have had much opportunity to make the acquaintance of other parents. Both factors have undoubtedly contributed to the sense of uncertainty and isolation which has affected some non-elected parent governors. We believe, moreover, that in keeping with the normal democratic processes of our society in general. parents can properly expect to be allowed to choose their own representatives,

4.22 We recognise that in the past, when parent governors have been elected, some very low polls have been recorded. To those who would use this as an argument against the general introduction of parent elections, we would make the following points. First, the limited interest shown in elections to governing bodies in the past should not be projected into the future when these bodies, under our proposals, will play a central role in the school's life and development. Second, many of the electoral procedures used in the past (eg a single, little-publicised meeting combining the nomination of candidates, electoral addresses and the ballot itself) will, we hope, be eliminated and replaced by improved practices. Third, many elections in the past have been isolated events. If, however, they are to have real significance for the general body of parents they must in our view take place in an environment of regular contact and cooperation between parents and between parents and the school. (We discuss the means of promoting such an environment in chapter 5). We accordingly RECOMMEND that those to be appointed as the school's parent governors should be elected by the parents of the children attending that school.

4.23 We RECOMMEND that the local education authority be made responsible for drawing up the rules and procedures for the election of parent governors in its area, and for ensuring that they are put into effect. Whilst acknowledging that the local education authority is best placed to work out detailed schemes suited to local conditions, we RECOMMEND that all elections be school-based, and combine meetings and other procedures to ensure maximum participation given the circumstances of the area concerned; and that these procedures should satisfy the following broad criteria:

i. communications with parents should be in plain words; (5)

ii. every parent (6) with a child at the school should be eligible to nominate candidates, to stand for election, and to cast one vote;

iii. nomination and voting papers should be sent to every eligible parent;

iv. the results of the election should be communicated to all eligible parents.

It has been suggested to us from a number of sources that provision should be made for a school's pupils, or at least some of them, to play a part in the government of the school. We have been advised by the legal advisers of the Department of Education and Science that in their view the office of school governor is a public office and so cannot be held lawfully by a person under the age of 18. Thus the scope for pupil membership of the governing body, in the proper sense, is at present severely limited; only very few pupils, in the minority of schools which cater for pupils over 16, can lawfully be appointed as governors and their tenure of office must be short.

4.25 We are in no doubt that every effort should be made to draw on pupils' knowledge and ideas for the benefit of the governing body, and we have carefully considered several arguments to the effect that service on governing bodies should be seen as a special exception to the principle set out above and that legislation ought expressly to permit pupils below the age of 18 - perhaps those aged 16 or more - to serve as members of school governing bodies in future.

4.26 It is unclear to us whether it would be possible by a single legislative act to extend full membership of governing bodies to pupils between the ages of 16-18, which a majority of us would wish to see, or whether the whole law in respect of minors holding public office would need to be changed. The latter question we consider falls outside our terms of reference. We RECOMMEND that the Secretaries of State should take definitive advice on whether it is possible to change the law to enable pupils to serve as governors at 16 without opening the whole question of the age of majority and the holding of public office. In the light of that advice they should consider, as soon as practicable, whether the law should be amended or whether the question should be raised in its wider context. Meanwhile we RECOMMEND that secondary school pupils should participate in school government to the fullest extent allowed by law until they are eligible for membership. Where the circumstances of the school make it a practical possibility, the local education authority should consider making provision for the appointment of pupils, on election by at least the upper classes of the school, to one or more of the places available for parents. Where this is not considered practicable, every effort should be made to involve pupils in the work of the governing body to the utmost extent compatible with the law. We see no reason why one or two elected pupils should not, for example, receive the papers of the governing body, attend its meetings and take part in the discussion of any matter. Where age permits, experience of this kind could well precede, and merge almost imperceptibly into, a short period of service as a member, in the proper sense, of the governing body. In addition to the pupils who will be able to play a direct part in the work of the governing body in the ways outlined above, a much greater number should in our view be able to make a contribution towards the consideration of matters which are the responsibility of the governing body; we develop our views on this in chapter 5.

The wider community

4.27 Our recommendations are intended to lead to the establishment of governing bodies representing a wide cross-section of local opinion about education and the conduct of a school. This will partly be achieved by the inclusion in the governing body of representatives of the local authorities, the school staff and parents. But if the governing body is to take due account of the expectations of the local community and of all the various external pressures and demands made on the school (such as those of employers, examining bodies or institutions of further and higher education) it is essential that its members include people with experience of the external forces and influences at work on the school.

4.28 In most localities there will be a number of organisations able to suggest the names of individuals with relevant knowledge and experience who might make a valuable contribution if appointed to membership of a school governing body. We do not believe it would be practicable or desirable for us to attempt to list them: different areas and schools will have differing needs; but, certainly in the case of secondary schools, examples of the kind of body we have in mind are local employers' (or business) organisations, trade unions and institutions of further and higher education. In accordance with our recommendation in paragraph 4.10, invitations to submit nominations should always be extended to statutory local authorities in the area served by the school where representation of any such authority has not already been included in the group representing the local education authority on the governing body. Finally, there may well be individuals, not members of any particular organisation, whose background and qualifications merit consideration in this category.

4.29 There is one aspect of the community representation which deserves specific mention. The importance of ensuring representation on the governing body of ethnic groups in areas where there is a concentration of minority groups was stressed in evidence submitted by the Community Relations Commission and the National Association for Multiracial Education. The latter put forward the view that as a general principle minorities should be represented in proportion to the size of such groups in the catchment area of the school concerned. After careful consideration we see no need to make specific provision for the representation of particular interests because this would not be compatible with the procedures we have recommended below whereby the community governors will be chosen by those who will be filling the places on the governing body in the three other categories of membership. We are satisfied that our overall proposals will result in a significant increase in direct local participation in school government and ethnic minorities should thus in future receive greater opportunities for participating in this service.

4.30 We RECOMMEND that the procedures for the appointment of community representatives should be based on the principle that the individuals concerned should be co-opted by the governors representing the three other interest groups. Thus when a governing body is being newly formed the individuals designated for appointment to represent the local education authority, the staff of the school and the parents should meet to decide who, as nominees of local organisations or as individuals, are to be invited to join the body as community representatives. To carry out this task the individuals representing the three other interest groups will need to have before them a list of organisations willing to propose nominees and of individuals willing to serve. We RECOMMEND that the task of drawing up these lists should be the responsibility of the local education authority. In view of the need for secondary schools to establish close relationships with interests representing the world of work, we further RECOMMEND that in compiling these lists the local education authority should always invite both local employers' (or business) organisations and trade unions to submit nominations.

4.31 We do not wish to lay down any detailed procedures for this operation but the following suggestions may be of assistance. Not less than one month before the other governors-designate are to meet, the local education authority might invite applications by advertising in newspapers circulating in the area served by the school and by giving publicity to the notice in any manner which may be thought desirable. It should be open to the other governors-designate to approach any individual or organisation not on the local education authority's list with a view to their making a nomination for membership of the community group. Nominations might be put forward by organisations acting alone or jointly with one or more other organisations.

Boarding schools

4.32 The application of the principles set out above to the governing bodies of boarding schools maintained by local education authorities (7) presents some difficulties, first because such schools do not serve a defined locality or other community, and also because in some cases the school is situated outside the maintaining authority's area. Nonetheless, we believe that the arguments we have put forward for the representation of the four main interest groups on the governing bodies of day schools also hold for boarding schools.

4.33 The appointment of representatives of the local education authority and the election of staff members to serve on the governing body should not present any special problems. Schools with only a few boarders will need to keep the parents of these children in touch with the activities of the parent body and to give them good notice of arrangements for the election of parent representatives on the governing body. In the case of schools that are wholly or mainly boarding the timing and organisation of parent elections will need special consideration but we are confident that local education authorities will be able to make arrangements for these which satisfy the general principles of our proposals even though it may not be possible to meet all the criteria we have recommended in paragraph 4.23.

4.34 We see the appointment of community representatives on the governing body as a particularly useful way of linking a boarding school with all the various interests in its immediate surroundings and counteracting any tendency to isolation. The choice of the individuals best suited to represent these interests, as in the case of the appointment of the community group on all other governing bodies, will be a matter for decision by the individuals designated for appointment as representatives of the local education authority, the parents and the staff of the boarding school.

Community schools

4.35 We have proceeded on the basis that a separate governing body will be needed for the 'school' side of a community school (8) and that, as at present, some additional arrangements will be necessary for the management of the other facilities provided at the institution.

4.36 The interests of the governing body of a community school are likely to be very much wider than those of the ordinary primary or secondary school but will vary considerably depending on the additional facilities available at the institution and the arrangements for their administration that have been locally decided. The special position of the school in a community complex makes it particularly important to ensure a full range of interests on the governing body. In our view it should be possible to achieve this without any departure from the principles we have recommended for the constitution of governing bodies in general. The local education authority will need to give careful consideration to the value of including representatives, within the 'local authorities' group on the body, not only of any district and parish councils (or community councils in Wales) who may have an interest because the school serves their area but also of any such councils who may be involved in the provision of other facilities in the community complex. At the same time special attention will need to be given to the provision of places within the community group on the governing body for representatives of the various activities which take place in the premises of which the school forms a part. These are considerations which can be properly assessed only at the local level. We accept that in order to cater on a reasonable basis for all interests, the governing bodies of community schools may in some cases need to be larger than the maximum of twenty four recommended in paragraph 4.7.

Disqualification

4.37 There will of course be a need to ensure that persons who ought not, in the general public interest, to hold office as governors are debarred from doing so. We RECOMMEND that:

i. a person should be disqualified if he is an undischarged bankrupt, has been convicted of a serious offence (such as is referred to in section 80(1)(d) of the Local Government Act 1972) or if, having been appointed he has not attended an ordinary governors' meeting for a year or is incapacitated from acting as a governor;

ii. any person who, holding office as a governor, ceases to be qualified for appointment as a governor, either in one of the respects mentioned above or in respect of the capacity in which he was appointed, should forthwith cease to be a governor.

4.38 It will be desirable for the local education authority to have the formal responsibility for making and terminating the appointment of all governors irrespective of the category into which they fall. Authorities will need to ensure that their discharge of this responsibility is, and is seen to be, independent both of their power to choose the persons who are to be appointed as LEA representatives and of their decisions on matters of policy within a governing body's field. If, given the new relation between local education authorities and governing bodies envisaged in chapter 3, an authority finds that the actions of a governing body are unreasonable, the authority's remedy will be to override the latter's decisions - and in the last resort to withdraw temporarily from the governing body the functions delegated to it. The governing body should be given back its functions as soon as the difficulties necessitating their withdrawal have been resolved. In the event of its being suggested that a local education authority had acted unreasonably in withdrawing or withholding such functions, the governing body could have recourse to the Secretary of State who already has power to intervene if satisfied that an authority is in default of a duty or is acting (or proposes to act) unreasonably.

Term of office

4.39 The increased responsibilities which, under our proposals, will fall on governors make the need for continuity in the governing body a matter of considerable importance, if only because frequent changes of membership would seriously inhibit the development of a sense of corporate identity and responsibility. After a transitional period during the 1970s all local councillors will be elected for a term of four years. In our view a term of office of comparable length for governors is called for. We therefore RECOMMEND that the term of office for governors should in general be within a four year framework.

4.40 In our view governors should not be seen as delegates nominated to serve the interests of particular groups. We accordingly do not consider it would be right, in general, for a group to be able to bring about the dismissal of a governor appointed on its nomination following a properly conducted election. We recognise, however, that a rapid turnover of teaching staff, such as that experienced in many schools in recent years, could give rise to legitimate demands for more frequent elections. Thus in some areas it may be considered right for teacher members of the governing body to be appointed for periods of only two years at a time. We regard this as an appropriate matter for local decision provided there has been full consultation with the relevant teacher associations.

4.41 Exceptions would also, in our view, be justified in the LEA's category in circumstances where council elections had led to changes in the balance of political parties, with the consequence that a governor might no longer be regarded as truly representative of the council. We consider therefore that where there has been such a change, the local education authority as appointing body should have the power to dismiss a governor appointed to represent it, whether or not he is a member of the authority.

Limit to the number of governing bodies on which any person should serve

4.42 We have referred elsewhere in this report to the need for governing bodies to develop a sense of collective identity and responsibility. This will be possible only through a high level of personal commitment and involvement, which cannot in our view be properly achieved if an individual serves simultaneously on a large number of governing bodies, as commonly happens at present. We accept that it would not be desirable to limit governors to experience of a single stage of education: their contribution could be enhanced by knowledge of schools covering between them the whole primary and secondary age range. There is widespread overlapping between the age groups served by particular kinds of school even within the same LEA area (eg infant and first schools, junior and middle, 11-16 and 11-18 secondary schools, sixth form colleges). In order to prevent an individual's being appointed to the governing bodies of a number of schools serving different, but overlapping age groups, we RECOMMEND that no person should be eligible to serve on the governing body of a school catering in an age group served by any other school of which he is already a governor (9).

Retirement age of governors

4.43 We have considered whether it would be desirable to set an upper age limit for school governors or to limit governors to a specific number of terms. In our view these are matters to be considered by each of the interests concerned when choosing its own nominees. We do not therefore make any recommendation about them.

Annex to Chapter 4

Hypothetical composition of future governing bodies

The above table illustrates how the proportional division of places on the governing body described in chapter 4 might be applied across a range of primary and secondary schools serving a variety of communities.

Footnotes

(1) A definition of 'minor authority' is given in the footnote to paragraph 2.3.

(2) The authority's representatives will not necessarily be in all cases members of the authority.

(3) 'One section holds that governors should be specially nominated by the teaching staff and by parents' and old scholars' associations.'

(4) We recommend in paragraph 4.30 how people representative of the local community should be identified and selected. The legislative implications of this and other recommendations relating to the composition of the governing body are considered in chapter 13.

(5) In some areas it may be necessary to send out notices in more than one language.

(6) If any difficulty arises in identifying the persons entitled to vote the local education authority should determine who should be regarded as the parents for this purpose.

(7) At 1 January 1977 there were 92 county secondary and 4 county primary schools with a total of 5,807 boarders. These included 12 wholly boarding schools with a total of 2,441 pupils.

(8) The nature of community schools, the responsibilities of the governing bodies of such institutions in relation to the school premises, and the implications for the exercise of their functions in general, are discussed in paragraphs 9.35-9.39. We are concerned here only with the composition of the governing body for the 'school' side of an institution which provides facilities for a wide variety of activities.

(9) In our view a primary or secondary school governor should be able to serve also as governor of a special school, whatever the age group of the children attending that school.