Office of Public Sector Information
PART I continued CHAPTER IV continued
(1) For every grant-maintained school there shall be an instrument providing for the constitution of the governing body incorporated under this Chapter for the purpose of conducting the school (to be known as the instrument of government).
(2) The instrument of government shall be made by order of the Secretary of State.
(3) The instrument of government shall comply with any trust deed relating to the school.
(4) The instrument of government for a grant-maintained school shall provide for the governing body to include—
(a) five parent governors;
(b) at least one but not more than two teacher governors;
(c) the person who is for the time being the head teacher (as a governor ex officio); and
(d) either—
(i) in the case of a school which was a county school immediately before it became a grant-maintained school, first governors; or
(ii) in the case of a school which was a voluntary school immediately before it became a grant-maintained school, foundation governors.
(5) The instrument of government for a grant-maintained school shall provide—
(a) for a number of first or (as the case may require) foundation governors which will secure that they outnumber the other governors; and
(b) for at least two of those governors to be (on the date or dates on which they respectively take office) parents of a registered pupil at the school.
(6) The instrument of government for such a school shall provide—
(a) for the Secretary of State to have power to appoint not more than two additional governors if it appears to him that the governing body of the school are not adequately carrying out their responsibilities with respect to the conduct or management of the school; and
(b) for the appropriate appointing authority to have power, during any period when any additional governors appointed by the Secretary of State by virtue of paragraph (a) above are in office, to appoint a number of additional first or foundation governors not greater than the number of additional governors appointed by the Secretary of State who are then in office.
In paragraph (b) above “the appropriate appointing authority” means, in relation to first governors, the governing body and, in relation to foundation governors, the person entitled to appoint the foundation governors on the governing body or, if more than one person is so entitled, the persons so entitled acting jointly.
(7) The instrument of government for such a school which is required to have first governors shall provide for the Secretary of State to have power to make such provision as he thinks fit for filling vacancies for such governors if it appears to him that the governing body are unable or unwilling to fill the vacancies.
(8) Subject to section 64 of this Act (which provides for the constitution of the governing body of such a school on initial incorporation of that body under this Chapter), in this Chapter—
“first governor”, in relation to any such school, means a person of the kind mentioned in subsection (9) below who is appointed to be a member of the governing body of the school by the governing body;
“foundation governor”, in relation to any such school, means a person appointed otherwise than by a local education authority for the purpose of securing, so far as practicable, that the established character of the school at the time when it becomes a grant-maintained school is preserved and developed and, in particular, that the school is conducted in accordance with the provisions of any trust deed relating to it;
“parent governor”, in relation to any such school, means (subject to section 54 of this Act) a person who is elected as a member of the governing body of the school by parents of registered pupils at the school and who is himself such a parent at the time when he is elected; and
“teacher governor”, in relation to any suchschool, means a person who is elected as a member of the governing body of the school by teachers at the school and who is himself such a teacher at the time when he is elected.
(9) The kind of person who may be appointed as a first governor of a grant-maintained school is a person appearing to the persons appointing him to be a member of the local community who is committed to the good government and continuing viability of the school.
(10) In the case of a school which is required to have first governors, the instrument of government shall provide for it to be the duty of the governing body, in appointing such governors, to secure that those governors include persons appearing to them to be members of the local business community.
(11) The governing body of a grant-maintained school as first constituted in accordance with section 64 of this Act is referred to below in this Chapter, in relation to the school, as the initial governing body in any case where different provision is made in relation to the governing body as first so constituted from the provision made in relation to the governing body as constituted in accordance with this section.
(12) Accordingly, except where reference is specifically made to the initial governing body or to the governing body as constituted in accordance with this section, references in this Chapter to the governing body of such a school are references to the governing body whether constituted in accordance with that section or this section.
(1) The instrument of government for every grant-maintained school shall provide for the required number of parent governors to be made up by parent governors appointed by the other members of the governing body if—
(a) one or more vacancies for parent governors are required to be filled by election; and
(b) the number of parents standing for election as parent governors is less than the number of vacancies.
(2) The instrument of government for every such school shall provide for it to be the duty of governors, in appointing any parent governor under any provision made by virtue of this section—
(a) to appoint a person who is the parent of a registered pupil at the school, where it is reasonably practicable to do so; and
(b) where it is not, to appoint a person who is the parent of one or more children of compulsory school age.
(1) The proceedings of the governing body of a grant-maintained school shall not be invalidated by—
(a) any vacancy among their number; or
(b) any defect in the election or appointment of any governor.
(2) Subject to the provisions of this Chapter and any instrument made under this Chapter, the governing body of a grant-maintained school may regulate their own procedure.
(3) The instrument of government for any grant-maintained school may make provision as to the meetings and proceedings of the governing body.
(4) The provision that may be made by virtue of subsection (3) above includes in particular provision—
(a) as to the election of a chairman and vice-chairman;
(b) as to the establishment, constitution, meetings and proceedings of committees;
(c) for the delegation of functions of the governing body in such circumstances as may be specified in the instrument of government to committees established by that body or to any member of that body;
(d) as to the procedure (including any quorum) when business is transacted by governors of a particular category; and
(e) as to the procedure forr the election of members of the governing body and for the determination of any questions arising in connection with, or matters relating to, any such elections;
and the provision mentioned in paragraph (b) above may provide for a committee to include persons who are not members of the governing body.
(5) The governing body of a grant-maintained school shall have power to pay to their members such travelling, subsistence or other allowances as may be determined in accordance with a scheme made by the governing body and approved by the Secretary of State.
(6) Any scheme made under subsection (5) above may be varied or revoked by a subsequent scheme so made.
(7) The application of the seal of the governing body of a grant-maintained school shall be authenticated by the signature of the chairman of the governing body or of some other member authorised either generally or specially by the governing body to act for that purpose together with that of any other member.
(8) Every document purporting to be an instrument made or issued by or on behalf of the governing body of any such school and to be duly executed under the seal of the governing body, or to be signed or executed by a person authorised by the governing body to act in that behalf shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
(1) The instrument of government for every grant-maintained school shall provide for each governor of an elected category to hold office for a term of four years.
(2) Subject to subsection (3) below, the instrument of government for every such school which is required to have foundation governors—
(a) may provide for any foundation governorship to be held ex officio by the holder of an office named in the instrument; and
(b) shall name the person or persons (if any) who are entitled to appoint any foundation governor.
(3) An additional foundation governor appointed by virtue of provision made in the instrument of government in accordance with section 53(6)(b) of this Act may not be appointed to hold office ex officio.
(4) Subject to subsection (5) below, the instrument of government for every grant-maintained school shall provide for each first governor or (as the case may be) for each foundation governor other than one who is a governor ex officio to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument of government.
(5) The term of office of any additional first or foundation governor appointed by virtue of provision made in the instrument of government in accordance with section 53(6)(b) of this Act shall be such term (not being more than five years) as may be specified in the terms of that governor’s appointment.
(6) The preceding provisions of this section shall not be taken to prevent a governor from being elected or appointed for a further term, or from being disqualified, by virtue of subsection (8) below or any provision made by virtue of subsection (9) below, for continuing to hold office.
(7) Any governor of a grant-maintained school may at any time resign his office.
(8) A person who is a member of the teaching or other staff at a grant-maintained school which is required to have first governors shall be disqualified for holding office as such a governor on the governing body of that school.
(9) The instrument of government for a grant-maintained school may make provision as to the circumstances in which persons are to be disqualified for holding office as governors of the school.
(10) Any foundation governor of a grant-maintained school may be removed from office by the person or persons who appointed him.
(1) The governing body of a grant-maintained school shall have power to conduct a school of the same description, subject to any changes authorised under section 89 or 91 of this Act, as the school immediately before it became a grant-maintained school.
(2) The school conducted by the governing body of a grant-maintained school shall be regarded for the purposes of subsection (1) above as remaining of the same description as the school immediately before it became a grant-maintained school if no changes are made in the character or premises of the school which require to be authorised under either of those sections.
(3) Subject to subsection (4) below and to any provision made by the instrument or articles of government of the school, the governing body of such a school shall have power to do anything which appears to them to be necessary or expedient for the purpose of or in connection with the conduct of the school as for the time being constituted, including in particular power—
(a) to assume the conduct as from the incorporation date in relation to the school of the school as constituted immediately before that date, and for that purpose to receive any property, rights and liabilities transferred to the governing body under section 74 of this Act;
(b) to acquire and dispose of land and other property;
(c) to enter into contracts, including in particular contracts for the employment of teachers and other staff;
(d) to invest any sums not immediately required for the purposes of meeting the expenses of conducting the school or any liability transferred to the governing body under section 74 of this Act; and
(e) to accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any such purposes.
(4) Subsection (3) above does not confer power to borrow money; and the power under paragraph (b) of that subsection to dispose of land—
(a) does not include power to grant any mortgage, charge or other security in respect of any land; and
(b) may only be exercised with the written consent of the Secretary of State.
(5) Without prejudice to subsection (3) above, but subject to any provision made by the instrument or articles of government of the school, the governing body of a grant-maintained school shall also have power to provide education at the school which is neither primary nor secondary education, provided that they do so as agents for a local education authority under arrangements made with the authority for the purpose.
(1) For every grant-maintained school there shall be an instrument in accordance with which the school is to be conducted (to be known as the articles of government).
(2) The articles of government shall be made by order of the Secretary of State.
(3) The articles of government shall comply with any trust deed relating to the school.
(4) The articles of government for a grant-maintained school may include provision as to the establishment by the governing body of committees or other bodies of persons for the purpose of or in connection with the performance in relation to the school of such functions as may be determined by or under the articles.
(5) The articles of government for a grant-maintained school shall include in particular provision—
(a) with respect to the functions to be exercised in relation to the school by—
(i) the Secretary of State;
(ii) the governing body;
(iii) any committee or other body established in accordance with any provision made by virtue of subsection (4) above; and
(iv) any other persons specified in or determined under the articles;
and the delegation of such functions by those on whom by or under the articles they are imposed or conferred;
(b) with respect to arrangements for the admission of pupils to the school and the policy to be followed in deciding admissions;
(c) for securing the discharge by the governing body and the head teacher of duties imposed on them under Chapter I of this Part;
(d) with respect to arrangements for appeals, in such circumstances as may be provided by the articles, to an appeal committee constituted in accordance with the instrument of government against any decision or action taken by the governing body, or by any persons authorised under the articles to take any decision or action of the kind in question, in relation to—
(i) admissions of pupils to the school; or
(ii) the permanent exclusion of any pupil from the school;
and for enabling the governing body to make joint arrangements for that purpose with the governing body of one or more other grant-maintained schools;
(e) with respect to arrangements for the consideration and disposal of complaints relating to any matter concerning the curriculum followed within the school including, in particular, the discharge by the governing body of duties imposed on them under Chapter I of this Part;
(f) requiring the governing body to publish, for each school year, particulars of—
(i) the arrangements for the admission of pupils to the school; and
(ii) the procedures applicable under the articles and any further arrangements made by them in respect of appeals by parents against any such decision or action as is mentioned in paragraph (d) above in relation to the admission of pupils to the school;
(g) with respect to disciplinary rules and procedures applicable to members of the staff of the school and procedures for affording to them opportunities for seeking redress of any grievances relating to their employment;
(h) with respect to arrangements—
(i) for affording to any member of the staff an opportunity of making representations with respect to any proposal to dismiss him by the governing body or any persons authorised under the articles to dismiss him, including (if he so wishes) oral representations to such person or persons as may be appointed for the purpose;
(ii) for requiring the governing body or any such persons to have regard to any representations made by him before taking any decision to dismiss him; and
(iii) for affording to any member of staff whom it has been decided to dismiss an opportunity of appealing against that decision before any action is taken to implement it;
(i) requiring the governing body, when considering the content of the secular curriculum for the school, to have regard to any representations with regard to that curriculum—
(i) which are made to them by any persons connected with the community served by the school; or
(ii) which are made to them by the chief officer of police and are connected with his responsibilities;
(j) requiring the governing body—
(i) to prepare, once in every school year, a report in such form, and containing such information, as may be required by the articles; and
(ii) to take such steps as are reasonably practicable to secure that the parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the report and that copies of the report are available for inspection (at all reasonable times and free of charge) at the school;
(k) requiring the governing body, subject to any exceptions provided for in the articles, to hold a meeting once in every school year which is open to—
(i) all parents of registered pupils at the school; and
(ii) such other persons as the governing body may invite; and
(l) with respect to—
(i) the procedure to be followed and the matters to be considered at any such meeting and the determination of any questions arising in connection with any such meeting; and
(ii) the taking by the governing body or any other persons of such action as may be required by the articles for the purposes of or in connection with the meeting or any resolutions passed at the meeting.
(1) The instrument and articles of government for a grant-maintained school may be varied or revoked by order of the Secretary of State.
(2) Before making, varying or revoking any instrument or articles of government for such a school, the Secretary of State shall consult the governing body of the school.
(1) Subject to subsection (5) below, in the case of any school which is eligible for grant-maintained status, a ballot of parents on the question of whether grant-maintained status should be sought for the school shall be held in accordance with section 61 of this Act if either—
(a) the governing body decide by a resolution passed at a meeting of that body (“W”) to hold such a ballot and confirm that decision, after the consultations required by subsection (3) below, by a resolution (“W”) passed at a subsequent meeting of the governing body held not less than twenty-eight days, nor more than forty-two days, after that at which the first resolution was passed; or
(b) they receive a written request to hold such a ballot which meets the requirements of subsection (2) below.
(2) Those requirements are that the request must be signed (or otherwise endorsed in such manner as the governing body may require) by a number of parents of registered pupils at the school equal to at least twenty per cent. of the number of registered pupils at the school on the date on which the request is received.
(3) Immediately following the passing of the first resolution the governing body shall consult—
(a) the local education authority by whom the school is maintained; and
(b) if the school is a voluntary school, the trustees of the school;
with respect to their decision to hold a ballot.
(4) Subject to subsection (5) below, on the passing of the second resolution required for the purposes of subsection (1)(a) above or (as the case may be) on receipt of any such request as is mentioned in subsection (1)(b) above, it shall be the duty of the governing body—
(a) to secure that a ballot is held in accordance with section 61 of this Act—
(i) within the period of three months beginning with the date of the second resolution; or
(ii) within the period of two months beginning with the date immediately following the period of twenty-eight days beginning with the date on which the request was received; and
(b) to give notice in writing that such a ballot is to be held to the local education authority by whom the school is maintained and also, if the school is a voluntary school, to the trustees of the school.
(5) Subsections (1) and (4) above shall not apply if in the case of the school in question a ballot has been held in accordance with section 61 of this Act within the period of twelve months ending with the date immediately preceding the date of the second resolution or (as the case may be) the date on which the request is received, unless the Secretary of State gives consent in writing for a new ballot to be held.
(6) A request such as is mentioned in subsection (1)(b) above shall be taken as having been received by a governing body if given or sent to the chairman of the governing body or to the clerk to the governing body.
(7) Subject to subsection (8) below, it shall be the duty of the governing body of any school which is eligible for grant-maintained status, at the request of any parent of a registered pupil at the school, to make available to the parent for inspection (at all reasonable times and free of charge) at the school, and to supply the parent with a copy of, a list containing the name and address of every person who is known to the governing body to be such a parent if the request is made—
(a) in connection with any proposal that a ballot should be held in accordance with section 61 of this Act; or
(b) where the governing body are under a duty by virtue of this section or section 61(8) of this Act to secure that such a ballot is held, in connection with the holding of the ballot.
(8) A governing body shall not disclose to a parent under subsection (7) above the name and address of any person who has requested the governing body in writing not to disclose that information under that subsection; and accordingly the name and address of that person shall be excluded from the list there mentioned.
(9) A governing body who in pursuance of subsection (7) above supply copies of the list there mentioned may charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.
(10) For the purposes of this section, it shall be for the governing body to determine any question whether a person is a parent of a registered pupil at the school.
(1) Where the governing body of any school are under a duty by virtue of section 60 of this Act to secure that a ballot is held in accordance with this section, they shall secure that all necessary arrangements for the ballot are made by such body as may be prescribed (“W”).
(2) The arrangements shall provide for a secret postal ballot.
(3) It shall be the duty of the governing body to secure that the prescribed body take such steps as are reasonably practicable to secure that every person who is eligible to vote in the ballot is—
(a) given such information about the procedure for and consequences of acquisition of grant-maintained status for a school as may reasonably be expected to enable him to form a proper judgment as to whether or not such status should be sought for the school, including, in particular, the information required by subsection (4) below;
(b) informed that he is entitled to vote in the ballot; and
(c) given an opportunity to do so.
(4) The information referred to in subsection (3)(a) above is—
(a) a general explanation of the provisions of this Chapter relating to—
(i) the procedure for acquisition of grant-maintained status for a school;
(ii) the constitution and powers of the governing body of such a school; and
(iii) the conduct and funding of such a school;
(b) the number of teacher and first or (as the case may be) foundation governors that will be specified in any proposals for acquisition of grant-maintained status for the school if the result of the ballot is in favour of seeking such status;
(c) the names and addresses of the persons, so far as ascertained, who would be required by section 66 of this Act to be named in any such proposals required to be published under section 62 of this Act in respect of the school as at a specified date by reference to which the information required for the purposes of this paragraph was compiled for the purposes of the ballot;
(d) an explanation of the requirements applicable under this Chapter in any case where the determination of an initial governor of any elected category is pending (within the meaning of section 62) on the date of publication of any such proposals;
(e) an explanation of—
(i) the circumstances in which a person named in any such proposals as a proposed initial governor may be replaced under section 68 of this Act; and
(ii) the procedure applicable under this Chapter in each case in which such a replacement is required; and
(f) the date that will be included in any such proposals made in respect of the school if the result of the ballot is in favour of seeking grant-maintained status as the proposed date of implementation of the proposals.
(5) Where the governing body of any school are under a duty by virtue of section 60 of this Act to secure that a ballot is held in accordance with this section they shall make available to every person employed to work at the school for inspection (at all reasonable times and free of charge) at the school a document containing the information required by subsections (3)(a) and (4) above to be given to persons eligible to vote in the ballot.
(6) In determining the arrangements they require to be made by the prescribed body for the purposes of the ballot the governing body shall take into account any guidance given by the Secretary of State as to the arrangements he considers appropriate for ballots held in accordance with this section.
(7) The Secretary of State shall publish any guidance given by him for the purposes of this section in such manner as he thinks fit.
(8) Where in the case of any ballot held in respect of a school in accordance with this section other than one held by virtue of this subsection (“W”) the total number of votes cast in the ballot by persons eligible to vote in the ballot is less than fifty per cent. of the number of persons so eligible, it shall be the duty of the governing body to secure that another ballot (“W”) is held before the end of the period of fourteen days beginning with the date immediately following that on which the result of the first ballot is determined.
(9) In any case to which subsection (8) above applies—
(a) the result of the first ballot shall be disregarded for the purposes of section 62(1) of this Act; and
(b) subject to subsection (10) below, the provisions of this section shall apply as they apply in a case where the governing body of a school are under a duty by virtue of section 60 of this Act to secure that a ballot is held in accordance with this section.
(10) In any such case—
(a) those provisions shall apply with the omission of subsections (3)(a) and (4); and
(b) subsection (5) above shall be read as if the information there referred to were the information given for the purposes of the first ballot.
(11) If it appears to the Secretary of State—
(a) that any requirements of this section have been contravened in the case of any ballot held in purported compliance with this section;
(b) that the arrangements for any ballot so held did not accord with any guidance given by him for the purposes of this section; or
(c) that the governing body of any school have acted unreasonably in the discharge of their duties under this section;
he may by notice in writing given to the governing body declare the ballot void and require that a fresh ballot be held in accordance with this section before such date as he may specify in the notice.
(12) Where a ballot is held in respect of a school in accordance with this section, the Secretary of State may pay, or reimburse the governing body of the school in respect of, the whole or any part of the expenses incurred by the governing body in respect of the ballot.
(13) The making of any payments under subsection (12) above shall be subject to such conditions as the Secretary of State thinks fit.
(14) For the purposes of this section, a person is eligible to vote in any ballot held in respect of a school in accordance with this section if he is—
(a) known to the governing body to be a parent of a registered pupil at the school; and
(b) named as a parent of such a pupil in the register kept in accordance with the requirements of the 1944 Act in the case of the school, as that register has effect on the date immediately following the end of the period of fourteen days beginning with the date on which the relevant resolution or request was passed or received by the governing body.
(15) For the purposes of paragraph (a) of subsection (14) above, it shall be for the governing body to determine any question whether a person is a parent of a registered pupil at the school; and in paragraph (b) of that subsection the reference to the relevant resolution or request is a reference to the resolution or request (mentioned in section 60(4) of this Act) by reference to which the ballot is required to be held or, where the ballot is a second ballot under subsection (8) above, by reference to which the first ballot was required to be held.
(1) This section applies where in the case of any school which is eligible for grant-maintained status the result of a ballot held in accordance with section 61 of this Act shows a simple majority of votes cast in the ballot by persons eligible to vote in the ballot (within the meaning of that section) in favour of seeking grant-maintained status for the school.
(2) It shall be the duty of the governing body of the school, before the end of the period of six months beginning with the date on which the result of the ballot is determined, to—
(a) publish proposals for acquisition of grant-maintained status for the school in accordance with section 63 of this Act or regulations made under that section and any notice with respect to the proposals for the time being required by that section or by such regulations; and
(b) submit to the Secretary of State a copy of the published proposals.
(3) Without prejudice to any specific duty imposed on them under any other provision of this Chapter, it shall be the duty of the governing body, within that period, to take such preparatory steps as may be reasonably required with a view to discharging their duty under subsection (2) above.
(4) Proposals published under this section may not be withdrawn except with the consent of the Secretary of State and subject to such conditions as he may impose (which may, in particular, require further proposals to be published under this section within such period as the Secretary of State may specify).
(5) There shall be annexed to the proposals a statement which shall—
(a) state the result of the ballot, giving the number of votes cast in favour of seeking grant-maintained status for the school and the number of votes cast against;
(b) state whether the school is a county, controlled, aided or special agreement school;
(c) briefly describe the existing character of the school;
(d) state the number of pupils for whom accommodation can be provided at the school; and
(e) give such other information as may be prescribed;
and the statement so annexed shall be treated for the purposes of subsection (2) above as forming part of the proposals.
(6) The published proposals shall be accompanied by a statement which shall—
(a) describe the requirements of this Chapter with respect to the membership of the governing body of a grant-maintained school;
(b) if the determination of an initial governor of any elected category is pending on the date of publication of the proposals, explain the requirements applicable under this Chapter in any such case;
(c) state that the head teacher will be a governor of the school ex officio if the school becomes a grant-maintained school;
(d) explain—
(i) the circumstances in which a person named in the proposals in accordance with section 66 of this Act as a proposed initial governor may be replaced under section 68 of this Act; and
(ii) the procedure applicable under this Chapter in each case in which such a replacement is required;
(e) explain the effect of subsection (10) below; and
(f) give such other information as may be prescribed.
Education Reform Act 1988