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.

Appendix E Administrative Memorandum No. 25 and Model Instrument, Articles of Government and Rules of Management
[pages 203 - 212]

I. COUNTY AND VOLUNTARY SECONDARY SCHOOLS

1. Under Section 17 of the Education Act 1944; every county secondary school is required as from 1 April 1945 to have an instrument of government made by order of the Local Education Authority and articles of government made by order of the Local Education Authority and approved by the Minister of Education. Voluntary secondary schools are similarly required to have instruments and articles of government made by order of the Minister. The Minister has already issued a memorandum on 'principles of government in maintained secondary schools', and he has now decided to circulate a model instrument and articles of government applicable to county secondary schools for the assistance of Local Education Authorities.

2. Under Section 32(1) (b) of the Act voluntary schools which, prior to 1 April 1945, were maintained as non-provided Public Elementary Schools are not required to have instruments and articles of government until the question whether the school is to be a controlled, aided or special agreement school is settled. During the transitional period they are to be managed and conducted in like manner as they were immediately before 1 April 1945. Grammar schools which, prior to 1 April 1945 were recognised for grant under the Regulations for Secondary Schools but which do not become County Schools under Section 9(2) of the Act, are not required under the Act to have instruments and articles, until they become voluntary schools by virtue of the Minister's approval of proposals under Section 13 of the Act; meantime, as one of the conditions of assistance by the Authority under Section 9(1) of the Act, they will be governed and conducted in like manner as they were immediately before 1 April 1945.

3. In making instruments and articles for voluntary secondary schools the Minister will have regard, subject to the provisions of the Education Act 1944, to existing Schemes or other instruments and to the model instrument and articles for county secondary schools, in so far as they are applicable. School authorities are, however, at liberty to submit their views after consultation with the Local Education Authority on such matters as the composition of the Governing Body and the procedure for appointment of teaching or other staff. Such views should be expressed when proposals or applications are made under Sections 13 and 15 of the Act.

II. COUNTY AND VOLUNTARY PRIMARY SCHOOLS

4. Under Section 17 of the Act every county primary school is required, as from 1 April 1945, to have an instrument and rules of management made by order of the Local Education Authority.

Voluntary primary schools are required to have instruments of management made by order of the Minister, and rules of management made, as in the case of county schools, by order of the Local Education Authority. Voluntary primary schools are not required to have instruments and rules of management until the question whether the school is to be controlled or aided is settled; during the transitional period they are to be managed and conducted in like manner as they were immediately prior to the 1 April 1945.

Certain provisions as to the constitution of the body of managers of county primary schools are contained in Section 18 of the Education Act 1944. The Minister does not propose to issue model rules of management, but Authorities may find that the model articles of government for county secondary schools will assist them in drawing up such rules of management. Authorities may find it convenient to compile the rules of management for county and voluntary primary schools in a handbook with a list of the schools, to which the rules apply, appended.

III. GROUPING OF GOVERNING BODIES

5. Local education authorities should inform the Minister in due course of any arrangements, which they propose to make, with the consent of the managers or governors, for grouping voluntary primary or secondary schools under Section 20 of the Act.

I. The following suggestions are intended for the use of Local Education Authorities in drawing up Instruments and Articles of Government for County Secondary Schools. Authorities will find it generally convenient to include the Instrument and Articles in one document, but, inasmuch as the Instrument does not require the approval of the Minister of Education, it should be shown separately from the Articles in the manner indicated below.

II. Attention is directed to the Fourth Schedule to the Education Act 1944, which contains additional provisions relating to meetings and proceedings of Governing Bodies.

III. Adequate representation should be given to women in the constitution of Governing Bodies and particularly in the case of Girls' and Mixed Schools.

IV. In accordance with the Interpretation Act 1889, references to Headmaster and Master include also in appropriate cases Headmistress and Mistress.

V. In cases where several schools are grouped under one Governing Body it may be found convenient to set out the individual schools in a schedule both to the Instrument and Articles of Government. A separate Instrument and Articles must however be made for every school which is not grouped.

VI. Where a County Local Education Authority have made a Scheme of Divisional Administration it will be appreciated that some of the functions of the Local Education Authority under the Instrument and Articles of Government will be delegated to the Divisional Executive and, where this is the case, the true interpretation of the Instrument and Articles of Government will be obtained only when they are read in conjunction with that Scheme.

The County (Borough) Council of .... acting as the Local Education Authority hereby orders as follows:

Governing Body

1. The Governing Body, hereinafter called 'the Governors' of the .... School shall, when complete, consist of .... persons, that is to say:

( ) Representative Governors, to be appointed as follows:
( ) by the Local Education Authority
N.B. here add any other categories of Representative Governors
( ) Co-optative Governors, to be appointed, except as hereinafter provided in the case of the first such Governors, by resolution of the Governors.
The Representative Governors shall be appointed for a term of .... years; and the Co-optative Governors, except as hereinafter provided, each for a term of .... years.
A Representative Governor need not be a member of the appointing body.

First Governors and Meeting

2. (i) The following persons shall be deemed to be the first Co-optative Governors, and, subject to the provisions of this Instrument as to the termination of Governorship, shall be entitled to hold office for .... years.
N.B. Here insert names of first Co-optative Governors

(ii) The First Representative Governors shall be appointed as soon as possible after the date of this Instrument, and their names shall be notified to the Clerk of the Governors on behalf of the Governors.

(iii) The first meeting of the Governors under this Instrument shall be summoned by the said Clerk not later than the .... day of 1945, or, if he fails to summon a meeting for two months after that date, by any two Governors or by the Chief Education Officer.

Governors not to be financially Interested in the School

3. Except with the approval in writing of the Local Education Authority no Governor shall take or hold any interest in any property held or used for the purposes of the school or receive any remuneration for his services, or be interested in the supply of work or goods to or for the purposes of the School.

Masters not to be Governors

4. No master or other person employed for the purposes of the School shall be a Governor.

Determination of Governorship

5. Any Governor who is absent from all meetings of the Governors during a period of one year, or who is adjudicated a bankrupt, or who is incapacitated from acting, or who communicates in writing to the Clerk of the Governors a wish to resign, shall thereupon cease to be a Governor.

Vacancies

6. Every vacancy in the office of Representative or Co-optative Governor shall as soon as possible be notified to the proper appointing body or person or filled by the Governors as the case requires. Any competent Governors may be reappointed.

Casual Vacancies

7. A Governor appointed to fill a casual vacancy shall hold office only for the unexpired term of office of the Governor in whose place he is appointed.

Chairman

8. The Governors shall, at their first ordinary or stated meeting in each year, elect two of their number to be respectively Chairman and Vice-Chairman of their meetings for the year. If both the Chairman and the Vice-Chairman are absent from any meeting the members present shall choose one of their number to preside at that meeting before any other business is transacted. The Chairman and Vice-Chairman shall always be re-eligible.

Rescinding Resolutions

9. Any resolution of the Governors may be rescinded or varied at a subsequent meeting if due notice of the intention to rescind or vary the same has been given to all the Governors.

Adjournment of Meetings

10. If at the time appointed for a meeting a sufficient number of Governors to form a quorum is not present, or if at any meeting the business is not completed, the meeting shall stand adjourned sine-die, and a special meeting shall be summoned as soon as conveniently may be. Any meeting may be adjourned by resolution.

To be inserted in appropriate cases:

[Application of Scheme of Divisional Administration

11. Where the Local Education Authority have delegated under a Scheme of Divisional Administration to a Divisional Executive for the area in which the school is situated any of the powers and duties of the Local Education Authority under this Instrument the expression 'Local Education Authority' in this Instrument shall, where necessary, be deemed to refer to or to include, as the case may be, the Divisional Executive.]

Interpretation Act

12. The Interpretation Act 1889, shall apply to the interpretation of this Instrument as it applies to an Act of Parliament.

Date of Instrument

13. The date of this Instrument shall be ....

The County (Borough) Council of .... acting as the Local Education Authority hereby orders as follows:

Conduct of School

1. The .... School shall be conducted in accordance with the provisions of the Education Act 1944, with the provisions of any Regulations made by the Minister of Education relating to County Secondary Schools and with these Articles.

Date of Articles

2. The date of these Articles shall be the 1st day of April 1945, or the day on which the Minister of Education signifies his approval of these Articles, whichever is the later.

Finance

3. (a) The Governors shall in the month of in each year submit for the consideration of the Local Education Authority an estimate of the income and expenditure required for the purposes of the school for the 12 months ending .... in the following year, in such form as the Local Education Authority may require.

(b) The Local Education Authority shall consider the estimate and make such variation in it as they think fit.

(c) Where the Governors are empowered by the Local Education Authority to incur expenditure they shall not exceed the amount approved by the Local Education Authority under each head of the estimate in any year without the previous consent of the Local Education Authority.

School Premises

4. (a) The Governors shall from time to time inspect, and keep the Local Education Authority informed as to, the condition and state of repair of the school premises, and, where the Local Education Authority so permit, the Governors shall have power to carry out urgent repairs up to such an amount as may be approved by the Local Education Authority.

(b) The Governors shall, subject to any direction of the Local Education Authority, determine the use to which the school premises, or any part thereof, may be put out of school hours.

Appointment and Dismissal of Head Master

5. (a) The appointment and dismissal of the Headmaster shall conform to the following procedure:

One or other of the alternatives to be inserted:

EITHER The vacant post shall be advertised by the Local Education Authority and a shortlist of three names shall be drawn up from the applications for the post by the Governors, a representative of the Local Education Authority being present. The final appointment shall be made by the Local Education Authority, a representative of the Governing Body being present.

OR The vacant post shall be advertised by the Local Education Authority and a shortlist shall be drawn up from the applications for the post by a Joint Committee consisting of an [equal number] of Governors and representatives of the Local Education Authority under the chairmanship of a person nominated by the Local Education Authority. The said Joint Committee shall also meet to interview the persons on the short list and shall recommend one person on the list for appointment by the Local Education Authority.

(c) A resolution of the governors to recommend the dismissal of the Headmaster shall not take effect until it has been confirmed at a meeting of the Governors, held not less than 14 days after the date of the meeting at which the resolution was passed. The Governors may by a resolution suspend for misconduct or any other urgent cause the Headmaster from his office pending the decision of the Local Education Authority.

(d) The Headmaster shall be entitled to appear, accompanied by a friend, at any meeting of the Governors or the Local Education Authority at which his dismissal is to be considered, and shall be given at least [three] days notice of such meeting.

Assistant Masters

6. The appointment and dismissal of assistant masters shall be subject to the following procedure:

(a) On the occurrence of a vacancy for an assistant master the Governors shall notify the Local Education Authority, who shall if they think fit, advertise the post and shall transmit to the Governors the names of candidates. Provided that the Local Education Authority may, if they think fit, and after giving full consideration to the views of the Governors and the Headmaster, require the Governors to appoint a master to be transferred from another school or from any pool of new entrants to the teaching profession.

(b) The appointment of assistant masters shall be made to the service of the Local Education Authority by the Governors in consultation with the Headmaster within the limits of the establishment of staff laid down for the current year by the Local Education Authority, and such appointments shall, except where made under the proviso to paragraph (a) of this Article, be subject to confirmation by the Local Education Authority.

(c) Appointments of assistant masters shall in all cases be determinable upon [ ] months notice in writing.

(d) The procedure for the dismissal or suspension of assistant masters shall be similar to that specified for Headmasters, except that two meetings of the Governors shall not be required.

Non-teaching Staff

7. (a) The non-teaching staff shall, subject to any general directions of the Local Education Authority, be appointed by the Governors, after consultation with the Head Master, to the service of the Authority and shall be dismissed by the Local Education Authority upon the recommendation of the Governors.

(b) The Clerk of the Governors shall be the Chief Education Officer or such other person as may be appointed by the Local Education Authority.

Organisation and Curriculum

8. (a) The Local Education Authority shall determine the general educational character of the school and its place in the local educational system. Subject thereto the Governors shall have the general direction of the conduct and curriculum of the school.

(b) Subject to the provisions of these Articles the Headmaster shall control the internal organisation, management and discipline of the school, shall exercise supervision over the teaching and non-teaching staff, and shall have the power of suspending pupils from attendance for any cause which he considers adequate but on suspending any pupil he shall forthwith report the case to the Governors, who shall consult the Local Education Authority.

(c) (i) There shall be full consultation at all times between the Headmaster and the Chairman of the Governors.

Sentence in square brackets to be omitted if circumstances make it unnecessary:

(ii) All proposals and reports affecting the conduct and curriculum of the school shall be submitted formally to the Governors. [The Chief Education Officer or his representative shall be informed of such reports and proposals and be furnished with a copy thereof at least [7] days before they are considered].

(iii) The Headmaster shall be entitled to attend throughout every meeting of the Governors, except on such occasions and for such times as the Governors may for good cause otherwise determine.

(iv) There shall be full consultation and cooperation between the Headmaster and the Chief Education Officer on matters affecting the welfare of the school.

(v) Suitable arrangements shall be made for enabling the teaching staff to submit their views or proposals to the Governors through the Headmaster.

School Holidays

9. Holidays for the school shall be fixed by the Local Education Authority, but the Governors shall have power to grant mid-term or other occasional holidays not exceeding 10 days in any year.

Admission of Pupils

10. The admission of pupils to the school shall be in accordance with arrangements made by the Local Education Authority, which shall take into account the wishes of the parents, any school records and other information which may be available, the general type of education most suitable for the particular child and the views of the Governors and the Headmaster as to the admission of the child to the School.

Returns

11. The Governors shall furnish to the Local Education Authority such returns and reports as the Authority may require.

Copies of Articles

12. A copy of these Articles shall be given to every Governor, the Headmaster, and every Assistant master on entry into office.

To be inserted in appropriate cases:

[Application of Scheme of Divisional Administration

13. Where the Local Education Authority have delegated under a Scheme of Divisional Administration to a Divisional Executive for the area in which the school is situated any of the powers and duties of the Local Education Authority under these Articles the expression 'Local Education Authority' in these Articles shall, where necessary, be deemed to refer to or to include, as the case may be, the Divisional Executive.]

Interpretation Act

14. The Interpretation Act 1889 shall apply to the interpretation of these Articles as it applies to an Act of Parliament.