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The common issues in dealing with parent governors and how schools should respond to these issues

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Parent governors play a key role in representing the parent community on school boards, whilst contributing to strategic decisions relating to a school’s direction, and overall long-term success. There are many benefits to having parent governors on school boards, such as first-hand experience from a parent’s perspective, insight into the needs and concerns of pupils and parents, and an ability to strengthen communications between school leaders and families, building transparency and trust within the broader school community.

Whilst the role of parent governor is uniquely valuable, it is not without its challenges, and these generally arise as a result of an inherent conflict balancing personal experience with a  duty to act in the best interests of the whole school.  We have set out below common challenges schools tends to face in relation to parent governors, and how to effectively respond to them.

Becoming a parent governor

Some of the most common issues arise at the point where parents become school governors.  It is important school boards ensure parent governors are properly elected or appointed. In the case for academies, this will be in accordance with their Scheme of Delegation or the Trust’s Articles of Association in line with their funding agreements. For maintained schools, reference must be made to the school’s governing document (the Instrument of Government) and consideration given to schedule 1 of The School Governance (Constitution) (England) Regulations 2012. There are also additional considerations in relation to community special schools or a foundation special schools.

Generally, a school’s governing document will set out whether the parent governor is to be elected or appointed, and at times, this may be dependent on the number of candidates available for the position.  Schools should comply with the provisions in the governing document and relevant legislation and should never deter or block a parent from candidacy because there might have been a strained relationship in the past. Schools have a responsibility to ensure parents are well informed about parent governor elections

As standard practice, schools are required to apply robust pre-appointment checks, including but not limited to enhanced DBS checks and a section 128 direction check.  The candidate may require further ‘right to work’ checks where they have previously lived overseas, however this is generally not a required check The DfE will expect governors to be resident in the UK.

Subject to passing all relevant checks, it is imperative the candidate is provided with a thorough induction, which sets out a clear code of conduct that is consistent with the DfE Governance Handbook’s guidance for both academy trusts and maintained schools that builds an effective, skills-based governing team.  The induction should make clear the expectations of the parent governor, emphasise the relevant attributes and behaviours that contribute to good decision making and include training on relevant guidance, including but not limited to Keeping Children Safe in Education. This messaging and information sharing encourages parent governors to act in accordance with best practice, and to be guided by good governance principles, which will mitigate the risk of common governance frictions arising.

Reference should be made in the code of conduct to the Nolan Principles of public life.

During term as parent governor

Where schools face difficulties arising from parent governor behaviour, for example, where a parent governor is causing harm, acting disingenuously, or has breached the code of conduct, it is imperative the school’s response is measured, structured and procedurally fair so as to avoid any repercussions for the school.

Taking the latter example of a parent governor breaching the code of conduct, it is standard practice that each governor provides a written undertaking to uphold a school’s objects, and a breach of this code may warrant removal by the appointing body.  However, it is important that matters are escalated appropriately, and in accordance with the legislative grounds for the suspension or removal of governors, which are set out in regulation 17 of The School Governance (Roles, Procedures and Allowances) Regulations 2013, and part 4 of The School Governance (Constitution) (England) Regulations 2012 for maintained schools and in accordance with the Trust’s Articles of Association or Scheme of Delegation for academies (though there is no statutory process for the removal of a governor of an academy unlike a governor of a maintained school). Schools need to ensure all action is proportionate and should document all communications relating to the breach.

A parent governor can be removed notwithstanding they might have been elected to their role.

Schools should also consider whether any issues relating to conduct or attendance relating to governor meetings is linked to a parent governor’s health condition or disability and ensure that all matters of this nature are dealt with sensitively and in accordance with the relevant legislation, including the Equality Act 2010. This includes providing appropriate support where possible, avoiding relying on outdated language around “mental disorder” disqualification, and ensuring appropriate and open communication at all times.

Ceasing as a parent governor

It is important that schools consistently track tenure and status of parent governors, particularly to ensure that they remain eligible to continue in the role.  Generally, parent governors serve for four year terms, and if they cease to be a parent of a pupil on the roll at the school, they are deemed to have resigned at the end of that school term.  This should be clearly communicated to parent governors from the outset to ensure transitions are effectively managed and any disputes are avoided.

While parent governors play a vital and constructive role in strengthening school leadership, the challenges that arise are often rooted in the difficulty of balancing their conflicting responsibilities as both a parent and governor.  By providing a clear induction, ongoing development opportunity, consistently applying the code of conduct, and maintaining open dialogue, the school can mitigate tension, and harness the full value parent governors offer and capitalise on their insight, accountability and connection to the school community.

If you require assistance in relation to dealing with a parent governor, including advice or a second opinion, please contact us at schoolsupport@wslaw.co.uk.

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