CHILDREN & YOUNG PEOPLE’S SERVICE
Procedure for the Election of Parent Governors to the Governing Bodies of Community, Voluntary Controlled and Maintained Special Schools
September 2016
These guidelines refer to the legislation “The School Governance (Constitution) (England) Regulations 2012” as amended by the Regulations 2016.
The responsibility for Parent Elections is delegated to the Head teacher by the Local Authority.
Elected parent governors cannot be removed from office – even if it becomes apparent that they are unable to develop the skills to contribute to effective governance or behave in a manner befitting the role. Every effort should therefore be made upfront to avoid potential difficulties later by informing prospective candidates of the nature of the role and securing their agreement to a clear set of expectations for behaviour and conduct – as set out in a code of conduct. The 2012 Roles, Procedures and Allowances regulations set out the basis on which governing bodies may suspend governors, including parent governors.
(Taken from the Guidance document (Constitution) August 2015)
22. Governing bodies and local authorities should make every effort to conduct informed parent and staff governor elections in which the expectations and credentials of prospective candidates are made clear. The best governing bodies set out clearly in published recruitment literature:
• the core functions of the governing body and the role of a governor, and the induction and other training that will be available to new governors to help them fulfil it;
• the expectations they have of governors for example in relation to the term of office, the frequency of meetings, membership of committees and the willingness to undertake training; and
• any specific skills or experience that would be desirable in a new governor, such as the willingness to learn or skills that would help the governing body improve its effectiveness and address any specific challenges it may be facing.
23. Well run elections use secure and reliable voting systems and offer candidates the opportunity to publish a statement of sufficient length to set out:
• evidence of the extent to which they possess the skills and experience the governing body desires;
• their commitment to undertake training to acquire or develop the skills to be an effective governor;
• if seeking re-election, details of their contribution to the work of the governing body during their previous term of office; and
• how they plan to contribute to the future work of the governing body.
24. The purpose of governing bodies providing and publishing information about the role of a governor and the skills they ideally require is not to create additional eligibility criteria for potential candidates – which they do not have the power to do. It is for the electorate to elect their choice of candidate(s). The purpose of publishing the information is to simply inform the electorate of the governing bodies’ expectations, circumstances and ideal requirements.
1.0 Eligibility
1.1 Parent governors are elected by other parents at the school. Any parent, or carer, of a registered pupil at the school at the time of election is eligible to stand for election as a parent governor. Parent governors may continue to hold office until the end of their term of office even if their child leaves the school.
1.2 Section 576 of the Education Act 1996 defines “parent” to include:
· All natural parents, whether they are married or not; and
· Any person who, although not a natural parent, has parental responsibility for a child or young person; and
· Any person who, although not a natural parent, has care of a child or young person.
Note: Given the above, it is possible in some circumstances that a child may have more than two “parents” eligible to vote. Contact Governor Support Unit if in doubt.
2.0 Disqualifications
2.1 The disqualification criteria set out in the relevant Regulations apply and these are set out on the form “Self Declaration ”. A copy of this form should be provided with each nomination paper. Nominations will only be accepted if accompanied by a signed and dated Self Declaration Form (the completed form of the successful candidate to be retained by the Clerk to Governors). Parent governors are elected by other parents at the school. Any parent, or carer, of a registered pupil at the school at the time of election is eligible to stand for election as a parent governor. Parent governors may continue to hold office until the end of their term of office even if their child leaves the school. A person is disqualified from election or appointment as a parent governor of a school if he/she is an elected member of the local authority or, at the date of nomination, he/she is paid to work at the school for more than 500 hours in any twelve month period commencing 1 August and finishing on 31 July.
3.0 Checks on governors
As indicated in 2.1 above, prospective governors are required, as part of the nomination procedure, to complete a self-declaration, to confirm that they are eligible to become a school governor. It is recommended that the requirement for an enhanced Disclosure and Barring Service certificate check is highlighted at the earliest opportunity to enable prospective candidates to make an informed decision. Once elected (or re-elected or appointed[1] or re-appointed), a governor must undergo an enhanced DBS check and the location of on-line application forms should be provided for this purpose to successful candidates. With effect from September 2016 all governors are required to have a clear enhanced DBS Disclosure. For further information please contact Governor Support Unit.
4.0 Date of Office
4.1 Wherever possible, the election process should be initiated prior to the date the current post-holder’s term of office finishes. This should then enable the enhanced DBS check to be completed and the term of office of the successful candidate(s) can commence. In situations whereby the election process is undertaken close to the end of the academic year but the term of office of the new parent governor(s) will not commence until the following September or later it is strongly recommended that the parents of pupils who will be attending the school in September (the new intake) are included in the election process.
4.2 Where the vacancy already exists and the number of nominations received is equal to or less than the number of places available, the start can be with immediate effect provided that the governing body applies for a DBS certificate in respect of that governor within 21 days after their appointment or election. Whilst the check is being processed the school should ensure that appropriate safeguarding procedures are adhered to.
4.3 Where the vacancy already exists and an election is required, the start date of office is the day the count is undertaken provided that the governing body applies for a DBS certificate in respect of that governor within 21 days after their appointment or election.
4.4 Where the election process is being conducted prior to the end of the current post-holder’s term of office, the start date of office is the day after the end of the current post holders term of office providing an enhanced DBS certificate has been applied for. The governing body must apply for such a certificate in respect of that governor within 21 days after his or her appointment or election.
4.5 Where there are insufficient nominations to fill the places available and the governing body appoints3 a parent governor, the appointment becomes effective from the meeting at which the appointment was considered and approved. As above, governing body must apply for a DBS certificate in respect of that governor within 21 days after his or her appointment or election.
5.0 Term of Office
5.1 A parent elected or appointed[2] as a Parent Governor shall hold office for a period of four years (or such other shorter period as stipulated in the Instrument of Government) from the start date of his/her office (see 4 above), subject to the disqualification criteria in paragraph 2.1, unless he/she resigns, or, in the case of an appointed parent governor, he/she is removed by the governing body. If, during the term of office, the parent governor’s child(ren) leave the school, or the parent governor’s hours of employment at the school exceed 500 hours in a twelve month period, the parent governor is allowed to complete his/her term of office.
6.0 Conduct of Elections
6.1 The Head teacher of the school is the Returning Officer who will supervise the election. If a ballot is required he/she will be assisted by two witnesses, one of whom should be a member of the Governing Body. Neither witness shall be eligible to participate in the election.
6.2 When a vacancy arises for a Parent Governor, the Head will inform the parents of the fact, and of the arrangements for filling the vacancy, by letter[3] sent by post or hand of pupils (see model letter provided).
Note: email is acceptable only where the parents concerned have agreed to receive communications from the school via this means. The letter to parents may be supplemented by notices posted at appropriate points and/or an item in newsletters.
6.3 Nomination papers[4] will be available from the Head, to be either collected by, or posted to, parents requesting them.
6.4 Each nomination, to be valid, must be signed by the candidate, and returned to the Head by the date entered on the nomination form.
6.5 As far as possible at least 10 school days should be allowed between sending letters out to parents and the closing date for return of nominations.
6.6 Where the number of nominations is equal to or is less than the number of places to be filled, then those nominated automatically become elected governors.
6.7 Where the number of nominations exceeds the number of places to be filled, a ballot will be held, for which each parent will be sent:-
i. a ballot paper on which will be listed the duly nominated candidates;
ii. such details of the candidates as have been provided by them;
iii. two envelopes for the return of the ballot paper;
iv. instructions in the use of the “double envelope” system.
6.8 It is not a requirement that the address of candidates is given on the ballot paper but those who wish to provide this information may do so. If there are two candidates of the same name on the ballot paper some means of distinguishing between the two as is agreed between the two, should be indicated.
6.9 Ballot papers must be returned by the due date – at least 10 school days after the distribution of ballot papers. Envelopes must remain unopened and kept under lock and key until the time and date set for the count (see 6.11). The checking of names on the outer envelopes against the register of parents’ names may be carried out before the counting takes place.
6.10 The count must be carried out at the time and date fixed by the Returning Officer, at which he or she must be accompanied by two witnesses, including a governor of the school, neither of whom is eligible to take part in the election. Candidates should also be invited to be present if they so wish. The count date should be no more than 5 school days after the closing date for the receipt of ballot papers. No envelopes may be opened before this time. Subject to there being no dispute or tied vote (see 6.13), the result of the ballot should be announced immediately after the count.
6.11 The following procedures must be followed at the count:
i. If not already checked, outer envelopes carrying parents’ signatures/names are checked against the register of eligible parents;
ii. the outer envelopes are opened in the presence of two witnesses and the inner envelopes, still unopened, placed in a box. The outer envelopes are discarded.
iii. The sealed inner envelopes are opened in the presence of the two witnesses as provided in paragraph 6.10 above.
N.B. The candidates must not be involved in the actual count.
6.12 The following are to be regarded as spoiled votes and must not be counted:
i. any ballot paper where votes are cast for more candidates than there are vacancies (no votes on such a paper can be counted);
ii. any ballot paper which is signed (no votes to be counted);
iii. any ballot paper which is not enclosed in a sealed, unmarked envelope within an outer envelope which is sealed and signed, by an eligible voter.
Where any doubt arises as to whether a vote should be discounted, Returning Officers must contact the Governor Support Unit at County Hall.
6.13 The candidates (sufficient to fill the vacancies) with the highest number of votes shall be declared elected. In the event of a tie, the election will be decided by the toss of a coin or the drawing of lots by the Returning Officer in the presence of the candidates concerned.
6.14 See checklist included at the end of this document.
7.0 Appointing a Parent Governor
7.1 If no nominations are received for a parent governor, or the number of nominations received is less than the places to be filled, then the governing body may appoint a parent governor(s) to fill the outstanding vacancies.