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Governance: Being Strategic Richard Tyndall Pa. Je. S 20 June 2016 Governance: Being Strategic Richard Tyndall Pa. Je. S 20 June 2016

Welcome and introductions © NGA 2015 Welcome and introductions © NGA 2015

NGA is a membership organisation § § NGA is an independent charity representing and NGA is a membership organisation § § NGA is an independent charity representing and supporting governors and trustees in maintained schools and academies in England Our aim is to improve the effectiveness of governing boards by providing expert and tailored information, guidance and advice, and challenge when appropriate § STANDARD governing board £ 79 § GOLD governing board £ 260 www. nga. org. uk/join © NGA 2016

Purpose of the session The purpose of the session is for governors to develop Purpose of the session The purpose of the session is for governors to develop their understanding of governance best practice by: 1. Setting the current context for governance 2. Detailing specific responsibilities and freedoms 3. Discussing what it means to be strategic 4. Looking at what governors need to know 5. Governance making an impact 6. Identifying any next steps for future development © NGA 2015

We won’t be covering … § HT appointment, appraisal and performance management § Appraisal We won’t be covering … § HT appointment, appraisal and performance management § Appraisal and performance management § Admissions and exclusions § Panel work (admissions, exclusions, complaints, disciplinary) § School finance § Data © NGA 2015

How strong is your GB today? Thinking about your own GB, whereabouts on a How strong is your GB today? Thinking about your own GB, whereabouts on a scale of 0 -10 would you put it? Use hand-out 1 from your table packs Nonfunctioning © NGA 2015 Strong Turn to your neighbour and compare answers.

1. The current context for governance © NGA 2015 1. The current context for governance © NGA 2015

The message from government § § § The ‘board of governors’ should operate at The message from government § § § The ‘board of governors’ should operate at a strategic level, leaving the head teacher and senior school leaders responsible and accountable to it for the operational day-to-day running of the school. The governing body provides non-executive leadership. Its role is to operate as a board akin to the board of trustees of a charity, or the board of directors of a company. The board should avoid its time being consumed with issues of secondary importance, and focus strongly on three core functions: o Setting the vision and strategic direction of school o Holding the headteacher to account for its educational performance o Ensuring financial resources are well spent The School Governance Regulations 2013 and Df. E advice In other words, they want all GBs to operate as non-executive boards © NGA 2015

Ofsted’s expectations ‘without strong and effective governance, our schools simply won’t be as good Ofsted’s expectations ‘without strong and effective governance, our schools simply won’t be as good as they can be’ HMCI © NGA 2015

What Ofsted expect Over recent years HMCI has changed – and continues to fine What Ofsted expect Over recent years HMCI has changed – and continues to fine tune - the Ofsted framework There is more emphasis on governance in Ofsted inspections All governors are expected to be familiar with their school’s Performance Data www. compare-schoolperformance. service. gov. uk and to know their school’s strengths and weaknesses The common inspection framework is being introduced in September 2015 with new handbooks and criteria We do need to do improve governance © NGA 2015

Governance in the spotlight § The great and the good are taking an interest Governance in the spotlight § The great and the good are taking an interest especially since the ‘Trojan Horse’ enquiries § A growing body of research confirming the importance of the role of the governing body and the importance of the chair § The September 2012 Ofsted framework raised expectations …. the core responsibility of governing bodies is to ensure high standards § § More autonomy brings more responsibility and more risks § § Limited resources require more efficiency More decision-making is being devolved e. g. academy conversion, performance related pay We need to learn from other sectors Organisations with strong governance do not fail © NGA 2015

Organisations WITHOUT strong governance … © NGA 2015 Organisations WITHOUT strong governance … © NGA 2015

Current challenges § Funding Maintained vs academy / marketisation / sustainability of small schools Current challenges § Funding Maintained vs academy / marketisation / sustainability of small schools / performance related pay / value for money and school business manager and governor skills § Standards Raising the bar and closing the gap / engaging with the curriculum / recruitment and talent shortage / CDP / understanding data § Support and collaboration Expectations / reduction of local and national support / NLEs SLEs NLGs / federations / chains / teaching school alliances / procurement § Governance framework Size / composition / recruitment / model / time / clerking / chairing / effectiveness © NGA 2015

2. Specific responsibilities and freedoms © NGA 2015 2. Specific responsibilities and freedoms © NGA 2015

The language of MATs Members Trustees Directors MAT Board Governors Memorandum Articles of Association The language of MATs Members Trustees Directors MAT Board Governors Memorandum Articles of Association Scheme of Delegation Local Governing Body Local Advisory Body Academy Council Parent Council See hand-out 2 © NGA 2015

Joining a Group of Schools Source: page 7 of the guidance paper http: //www. Joining a Group of Schools Source: page 7 of the guidance paper http: //www. nga. org. uk/getattachment/Guidance/Schoolstructures-and-constitution/Forming-or-joining-a-group-ofschools/guidance_paper_forming_or_joining_a_group_of_ schools-1. pdf © NGA 2015

Legal accountabilities Academies are: § ‘Independent’ state schools answerable to the Secretary of State Legal accountabilities Academies are: § ‘Independent’ state schools answerable to the Secretary of State both by statute and the trust board’s funding agreement § Exempt charities with charitable trustees § Companies limited by guarantee with directors of the company § Governed by the trust board, responsible for land assets but usually with duties delegated to a local governing body © NGA 2015

Academies and the trust board The Articles of Association (Ao. A) will set out Academies and the trust board The Articles of Association (Ao. A) will set out the members of the trust board The role of the trust board depends largely on the structure of the academy trust and what the Articles of Association say – they are the trust’s founding document Colleagues who are charitable trustees and company directors need to be familiar with the responsibilities and expectations of these roles More information on role of trustees can be found via the Charity Commission As company directors there are specific returns which have to be submitted annually to Companies House, and you will need to ensure that there are systems in place for the submission of these returns as directors can be held personally liable if these returns are not submitted © NGA 2015

Governance and the governing body § A trust board delegates functions to a local Governance and the governing body § A trust board delegates functions to a local governing body § The Df. E describes a governing body’s key responsibilities as: – Setting the vision, ethos and strategic direction for the school – Holding the headteacher to account for the academy’s performance – Managing the trust’s finances and property § The trust board and the governing body may be the same § The scheme of delegation will set out who does what where they are different § … but the trust board must report its finances to a meeting of the members once a year © NGA 2015

Maintained school and academy responsibilities Like maintained schools, academies must comply with and/or have Maintained school and academy responsibilities Like maintained schools, academies must comply with and/or have regard to: § The admissions code § Guidance on exclusions § The SEN Code of Practice § Information to be published on the school’s website (recent funding agreements only) § Statutory policies as listed by the Df. E © NGA 2015

Additional responsibilities As a trust board you: § Directly employ staff § Have health Additional responsibilities As a trust board you: § Directly employ staff § Have health and safety responsibilities § Are the school’s admission authority § Must ensure the school undergoes an annual external financial audit You will be responsible for some services (provided to maintained schools by the local authority) such as school meals and milk, the assessment of free school meals eligibility, museum and library services, licences and subscriptions, central staff costs (e. g. maternity cover, trade union cover, long term sickness), cost of terminating employment, pupil support (e. g. clothing grants), music services, monitoring of national curriculum assessments © NGA 2015

School governing bodies in practice There are few requirements … the trust board should School governing bodies in practice There are few requirements … the trust board should properly determine (or allow the local governing body to determine via the scheme of delegation): § An election process for the chair and vice chair § Delegation to committees or individuals § Committee terms of reference and review these annually § Ensure public liability insurance is in place § Declare conflicts of interest and keep a register of business interests § Appoint a professional clerk § Keep statutory policies and documents up to date © NGA 2015

Academy freedoms As a trust board you are free: § From local authority control Academy freedoms As a trust board you are free: § From local authority control § To set your own pay and conditions for staff § To set your own curriculum § To change the length and time of terms and days § To spend your budget as you see fit Many trust boards buy into a range of local authority services, adopt the School Teachers’ Pay and Conditions Document, follow the national curriculum and continue to synch term times with other local schools. © NGA 2015

3. Being strategic © NGA 2015 3. Being strategic © NGA 2015

Discussion How does your governing body interpret the requirement to ‘be strategic’? © NGA Discussion How does your governing body interpret the requirement to ‘be strategic’? © NGA 2015

Being strategic The GB determines the vision and ethos … and a strategy for Being strategic The GB determines the vision and ethos … and a strategy for achieving this The vision and ethos describe the sort of school we want to be in three to five years time including what the children will have learned when they leave GBs do this by: § § Setting goals and agreeing the school’s development priorities For each priority setting targets or key performance indicators (KPIs) for the short and longer term § Structuring most of the GB business towards monitoring progress against these § At the end of the year, formally reviewing and evaluating the strategy see hand-out 4 © NGA 2015

Framework for strategy development Senior staff GB/board Strategy origination Strategy approval Strategy implementation Monitoring Framework for strategy development Senior staff GB/board Strategy origination Strategy approval Strategy implementation Monitoring Review and amendment Source: Caroline Copeman, 2011 © NGA 2015

Quick quiz Strategic or operational … § Writing policies § Attending a parents’ consultation Quick quiz Strategic or operational … § Writing policies § Attending a parents’ consultation evening § Going into class to observe the quality of teaching § Taking part in staff interviews § Undertaking a health and safety audit § Listening to children read § Writing tenders and bids § Checking the single central record See hand-out 3 © NGA 2015

Strategic (i. e. governance) Operational Monitoring reports on quality of teaching against pupils’ outcomes Strategic (i. e. governance) Operational Monitoring reports on quality of teaching against pupils’ outcomes Making judgements about the quality of teaching Receiving financial audit report Governor coming into school to supervise book-keeper Ensuring necessary audits have been carried out by qualified professionals Governors undertaking audits e. g. health and safety Interviewing senior leaders Interviewing teachers Agreeing to invest in school buses Organising the bus routes Agreeing to a building project Obtaining quotes for cost Ensuring school is marketed well Writing school prospectus © NGA 2015

Discussion How can you ensure your governing body focuses on the strategic? © NGA Discussion How can you ensure your governing body focuses on the strategic? © NGA 2015

Staying Strategic § Distinguish when you are governing and when you are volunteering in Staying Strategic § Distinguish when you are governing and when you are volunteering in another capacity § Use your time to best effect - on the key school priorities, not just compliance and ‘policies’ … differentiate ‘principle’ from ‘procedures’ § Ensure the school improvement plan has high level targets / KPIs with measurable milestones against which the GB can monitor progress § Check that school leaders are equipped to do their jobs (including HR, procurement, health and safety) to avoid operational support from governors § Do not do someone else’s job: see the joint statement with ASCL and NAHT: “What governing bodies should expect from school leaders and what school leaders should expect from governing bodies” see copy in your packs © NGA 2015

Discussion What is the GB’s role in developing policy? © NGA 2015 Discussion What is the GB’s role in developing policy? © NGA 2015

Policies § Policies determine the way the school is managed and so demonstrate its Policies § Policies determine the way the school is managed and so demonstrate its ethos and values § The governing body determines high level policy – not procedure / process / protocols § There are some policies and procedures that the governing body is required to have (see Df. E list) but this doesn’t mean the governors write them § There are many sources of model policies e. g. the local authority, diocesan body, professional associations § Umbrella policies (for example covering a range of HR procedures) are a good idea § Ofsted doesn’t tend to look at policies © NGA 2015

4. What governors need to know © NGA 2015 4. What governors need to know © NGA 2015

How well do you know your school? How do governors find out about their How well do you know your school? How do governors find out about their school? Can you name 10 sources of information? See hand-out 5 © NGA 2015

Sources of information § Website, Prospectus and other public facing media § Policies § Sources of information § Website, Prospectus and other public facing media § Policies § Self evaluation form or strategy document with key priorities and KPIs / targets § HT’s report and focus on key priorities § Data reports: appropriate, understandable, timely (Inspection dashboard) § Quality of teaching information § Staff, pupil, community views – and feeding back on findings and what’s being done in response § Visits to school – purpose (linked to improvement priorities), protocols, and reported § Reports from external consultants / auditors § Trustee / governor presence at Ofsted feedback § Annual report on the board’s work in ensuring the school fulfills its purpose to parents and the community § Gossip, school gate, social media © NGA 2015

The headteacher’s report – or is it? “The board, not the headteacher, should determine The headteacher’s report – or is it? “The board, not the headteacher, should determine the scope and format of headteacher’s reports. ” (Governance Handbook, para 24, p 15) The report should include: § Progress towards achieving targets § Reasons for targets not being met as expected - with particular reference to budget allocation and staffing structures and specific initiatives § Actions taken to address issues raised § Adjustments to the plans in order for targets to be met The HT should provide evidence (data) for progress towards and achievement of targets REMEMBER – the report is by the headteacher, but it is for the governors. © NGA 2015

Visiting the school § Is the purpose of school visits clear? – Getting to Visiting the school § Is the purpose of school visits clear? – Getting to know the school and / or – Monitoring improvement priorities § Is there a policy and protocols which have been agreed and shared with staff? § How do governors report on visits? © NGA 2015

5. Governance making an impact © NGA 2015 5. Governance making an impact © NGA 2015

The eight elements of effective governance 1. The right people round the table 2. The eight elements of effective governance 1. The right people round the table 2. Understanding role and responsibilities 3. Professional clerking 4. Good chairing 5. Good relationships based on trust 6. Knowing the school – the data, the staff, the parents, the children, the community 7. Committed to asking challenging questions 8. Confident to have courageous conversations in the interests of the children and young people © NGA 2015

GBs understanding their roles and responsibilities § Agree a role description for governors defining GBs understanding their roles and responsibilities § Agree a role description for governors defining the expected commitment § Set the expectations for training, and a training and development budget to include an expenses policy for the governing body § Adopt and sign a code of practice and review it annually § Ensure quality induction for new governors (including for staff governors) § Ensure the governing body has access to independent advice § Consider performance reviews for governors and a 360 degree review for the chair § Carry out regular self reviews e. g. the NGA Twenty Key Questions Evaluation Framework © NGA 2015

6. What would change to make it two points better? In order for things 6. What would change to make it two points better? In order for things to get two points better, what would have to change? Use hand-out 6 from your table packs Nonfunctioning © NGA 2015 Strong Turn to your neighbour and compare answers.

Governance making an impact § Set the vision and ethos, including what the children Governance making an impact § Set the vision and ethos, including what the children should leave the school having learned § Stay strategic and focused on improvement priorities: leave the operational to school leaders, and delegate § Don’t get overwhelmed by compliance and reviewing policies: focus on principles, delegating procedures § Recruit good school leaders (a future challenge) … and trust them to recruit good staff § Ensure school leaders are equipped to do their jobs, including HR, procurement, legal advice, and CPD © NGA 2015

Reviewing the session Has the session developed your understanding of: 1. The current context Reviewing the session Has the session developed your understanding of: 1. The current context for governance 2. Governor specific responsibilities and freedoms 3. What it means to be strategic 4. What governors need to know 5. Governance making an impact 6. Identifying any next steps for future development Any questions? © NGA 2015

Evaluation We value your feedback. We will circulate an electronic survey, please take a Evaluation We value your feedback. We will circulate an electronic survey, please take a few moments to complete it as it will feed in to the development of our training moving forward. https: //www. surveymonkey. com/r/NGAConsultancy. Service Thank you © NGA 2015

www. nga. org. uk training@nga. org. uk 0121 237 3780 www. nga. org. uk training@nga. org. uk 0121 237 3780