Governors’ guidance sheet no 13

Declarations of interest and withdrawal from meetings

This is quite a complex issue and governors may find the checklist of questions a useful starting point in deciding whether to declare an interest in a particular item of governors’ business.

The Governor Support Service at Knowsley LA offer their thanks to WakefieldLA for their permission to use their guidance in the preparation of this document

The following persons, subject to the School Governance (Procedures) (England) Regulations are entitled to attend any meeting of the governing body:

any governor

Headteacher of the school when they are not a governor

clerk to the governing body

associate members (an associate member may be excluded from any part of a meeting which s/he is otherwise entitled to attend when the business under consideration concerns an individual member of staff or pupil)

such other persons as the governing body shall determine

The following checklist is a useful base to start when considering whether or not a governor should declare an interest in an item under discussion.

  1. Is there a possibility that I, or a relative, may benefit or lose out from the decision on this issue?
  1. Could an outsider have a reasonable doubt about my impartiality because of private information I have received or because of personal or business contacts which I may have?
  1. If I am employed at the school (but not the Headteacher), is the pay or performance management of a fellow employee due to be discussed?

If the answer to any of these questions is “Yes”, you should declare an interest in the item to be considered. If you answer “Yes” to either question 1 or question 3, you should also withdraw from the meeting for that item.

If you answer “Yes” to question 2, you would be advised, but not required, to withdraw from the meeting for that item.

The background to the checklist comes from two areas, firstlythe “Seven Principles of Public Life” set out by the Nolan Committee.

Secondly, The School Governance (Procedures) (England) Regulations state;

‘In this regulation and in the Schedule-

(a) "relevant person" means a governor, an associate member, the head teacher (whether or not he is a governor) or any person appointed as clerk to the governing body or to a committee; and
(b) any reference to "meeting of the school" is a reference to a meeting of the governing body or of a committee.

(2) Subject to paragraph (4), where-

(a) in relation to any matter there may be a conflict between the interests of a relevant person and the interests of the governing body, or
(b) a fair hearing is required and there is any reasonable doubt about a relevant person's ability to act impartially in relation to any matter, that person, if present at a meeting of the school at which the matter is the subject of consideration, shall withdraw from the meeting and not vote on the matter in question.
(3) Nothing in this regulation or in the Schedule shall be construed as precluding the governing body, or a committee, from-

(a) allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his evidence; or
(b) hearing representations from a relevant person acting in a capacity other than that of a relevant person.

(4) A person who is acting as the clerk to a meeting of the school shall not be required to withdraw from a meeting by this regulation or the Schedule unless his appointment to office, his remuneration, or disciplinary action against him is the subject of consideration, but if this regulation or the Schedule would have otherwise required him to withdraw, he shall not act in any capacity other than that of a clerk.
(5) Where there is any dispute as to whether a relevant person is required by this regulation, or by the Schedule to withdraw from a meeting of the school and not vote, that question shall be determined by the other governors present at the meeting.
(6) The Schedule makes provision in connection with specified conflicts of interest and cases where a relevant person is required to withdraw from a meeting of the school and not vote.’

The following bullet points may be of further assistance;

  • where there is conflict between the interests of any person and the interests of the governing body, that person should withdraw from the meeting and should not vote; for example, a governor must withdraw from the governing body if he/she or a close relative stands to gain or lose financially from the decision taken;
  • where a governor has a financial (pecuniary) interest in an issue being considered by the meeting, he/she must withdraw from the meeting and not vote; this includes situations where his/her relative or spouse/partner has such an interest, for example if the meeting is considering the pay of the governor’s relative/spouse;
  • in a situation where the principles of natural justice require a fair hearing and there is any reasonable doubt as to a person’s ability to act impartially, he/she should also withdraw from the meeting and not vote; for example, an employee at the school should not normally be a member of a committee which is considering whether to uphold an exclusion made by the Headteacher, or not; and
  • a governor employed at the school must withdraw from the meeting if the pay or performance management of any employee is being considered, although the Headteacher may remain for this item unless it is his/her pay or performance management which is being considered.

The position of governors who are employed at school can be clarified further;

The Regulations make clear that an employee at the school need not withdraw from the meeting if their personal interest in the item is not greater than that of other employees at the school. This means that employees need not withdraw from discussion of policy, including personnel procedures and pay policy. It also means that where the number of staff at the school is being reduced, governors who are employed at the school can participate in discussion of the general principles/policy to be followed in identifying staff for redundancy. However, they should not attend for an item where those principles/policies are being put into effect resulting in the identification of named staff to be made redundant.

Under the Financial Management Standard in Schools introduced in 2006 all members of the governing body should be given the opportunity, at least in the finance (or equivalent) committee to update their statement of pecuniary interests and to declare an interest in any item on the agenda. The Governor Support Service recommends that this should be a standing item on all agendas at the start, following notification of additional items if applicable to ensure governors can declare an interest not only in items on the distributed agenda but any tabled for consideration.

If in doubt

Overall, where there is any doubt, governors should declare an interest. If their fellow governors do not consider that the interest is sufficient for the governor to withdraw, they can remain provided that the Regulations do not specifically require him/her to withdraw. It is considered good practice to minute the decision.

If there is any dispute as to whether a person should withdraw from a meeting under the regulations it is for the other governors present at the meeting to make this decision.

Knowsley Governor Support Service

Working with governors to support and encourage effective governance

Guidance sheet 13 – Declarations and withdrawal from meeting – summer 2010

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