The College's Corporation, unlike the governing body of a state school has ultimate responsibility for the College and complies with the Articles and Instruments of Governance laid down in the Higher and Further Education Act of 1992. It is the Governors' responsibility to ensure that the College adopts appropriate strategies to achieve its mission as a sixth form college.
The Governing Body comprises of up to 20 Governors, including 1 parent governor, community governors, 2 student governors and 2 staff governors. Many of the non-parent governors have, in fact, had experience of being a parent of a student studying at the College.
Governors are all volunteers and are not paid for their duties and meet at least four times a year as a whole group. A good deal of their work is delegated to a series of five committees. These Committees meet according to need and this varies with the committee in question between two and four times a year. Governors visit the College on regular occasions, attending events and activities, visiting departments and cross-College areas.
List of Governors
Moira Collett
Vice Chair of Governors
Moira Collett is a Community Governor. She has lived in Colchester for 32 years, and her daughter is a graduate of the College. Moira joined the Governing Body in 1999, and is currently Vice-Chair. As Vice-Chair she is an ex officio member of all the Committees of the Governing Body (with the exception of the Audit and Special Committees), and in addition currently chairs the Curriculum and Standards Committee. She has a professional background in higher education management, having retired in 2008 as Academic Registrar of the University of Essex.
Andrew Claiborne
Chair of Governors
Andrew Claiborne is a Community Governor and is currently Chair of the Board of Governors. He has lived in the Colchester area for more than 35 years. He has had three daughters attend the College. Andrew joined the Board of Governors in 1998, having acted as a Young Enterprise Business Advisor for the College, and has previously chaired the Premise & Finance Committee. Andrew is a Chartered Architect in private practice, and is also a Senior Lecturer in Architecture, Conservation of Buildings, and Town Planning (Urban Design) at Anglia Ruskin University in Chelmsford.
Andy Beatty
Andy Beatty is a Community Governor. He has lived in Braintree for 11 years. His son James is a graduate of the College. Andy joined the Governing Body in 2004 as a Parent Governor and having served for the regulatory 2 years term was subsequently invited back in 2008 as a Community Governor when a vacancy arose. He is a member of the Audit and Curriculum & Standards Committees, and an observer on the Finance & Premises Committee. Andy is also Chair of the Sixth Form College Association / PTA having been involved since 2002. He has a professional background in IT Data centre Management, Business Management, IT Outsourcing and Global Telecommunications.
Peter Barker
Peter Barker is a Community Governor. He has lived in Tiptree for 22 years. His three children all graduated from the College. Peter joined the Governing Body in 2003. He is a member of the Audit Committee and Curriculum and Standards Committee. He is retired and has a professional background in Banking.
Elizabeth Blundell
Elizabeth Blundell is a Community Governor. Because of her own and her husband's work she has lived abroad for 17 years but, since 1977, has lived locally in the village of Copford. Elizabeth, who was an Extra Governor appointed by the Secretary of State to the Gilberd School in 1990, has been a school governor since 1985 and joined the College Governing Body in 2001, where she is a member of the Curriculum and Standards Committee and has sat on several Appeals Committees. Elizabeth is a graduate of the University of Essex and is a member of the University's Court. She has been a Parish Councillor for 26 years and a Colchester Borough Councillor since 1999. She was the Portfolio Holder for Planning and Transportation from 2005-2007 and is currently a Portfolio Holder in the Shadow Cabinet. Her interests lie in social welfare and life opportunities, local government, travel and wine tasting.
Ben Belcher
Ben Belcher is a Student Governor. He is a first year 'A' level student and until December 2010 Vice-Chair of the College Council student elected body.
Claire Budgen
Claire Budgen is a Community Governor. She has lived in Colchester for 12 years and has 2 young children in a local primary school. Claire joined the Governing Body in 2006 and is a member of the Personnel Committee. She is a member of the Chartered Institute of Personnel and Development and has worked in HR roles in the NHS and local government, currently holding the position of Organisational Development Manager at Ipswich Borough Council.
Fernne Brennan
Fernne Brennan is a Community Governor. She has lived in Colchester for 10 years. One of her children is a graduate of the College, the other currently studies at the College. Fernne joined the Governing Body in 2001, is a member of the Personnel Committee and consulted on equality and diversity issues. She has a professional background in Law.
Graeme Clissold
Graeme Clissold is a Community Governor and has lived in Colchester for 10 years. Graeme joined the Governing Body in 2005 and is currently Chair of the Finance and Premises Committee and an Observer on the Audit Committee. He is a Fellow of the Chartered Institute of Management Accountants and is currently Finance Director for a local group of companies. Graeme also lectures part-time in accountancy and taxation at Anglia Ruskin University.
Gerry Callen
Gerry Callen is a Community Governor. He was born and has lived in Colchester for 60 years, apart from a 4 year absence to gain professional experience. His daughter is a graduate of the College. Gerry joined the Governing Body in 1994, currently Chairs the Audit Committee, is a member of the Chairs & Search Committee and an observer on the Finance and Premises Committee. He has a professional background in Public Sector Finance and is a member of the Chartered Institute of Public Finance and Accountancy.
Mary Frank
Mary
Frank is a Community Governor. She has lived in Colchester for 41 years. Her
daughter is a graduate of the College. Mary joined the Governing Body in 1996,
and is a member of the Finance and Premises and Curriculum and Standards
Committees. She has a professional background in Children's Social Services. She
was a Colchester Borough Councillor for 25 years.
Sue Edwards
Susan
Edwards is a Support Staff Governor. She has lived in Colchester for 50 years
and her children are graduates of the College. Susan has worked at the College
for the last 13 years and has worked in education since 1989. She became the Support Staff Governor at the College in 2002 and in the past has served as a parent and co-opted Governor at local schools. She is a member of the Finance and Premises Committee.
Leif Keay-Chaplin
Lief Keay-Chaplin is a Student Governor. She is a first year 'A' level student and until December 2010 Chair of the College Council student elected body.
Sue Hollinrake
Sue Hollinrake is a parent governor. She has lived in Wivenhoe for 14 years and has a daughter who currently attends the college. Professionally, Sue has a long history working as a social worker and manager in social care in various local authorities, and since 1995 has been a Senior Lecturer in Social Work, now working at University Campus Suffolk in Ipswich.
Carol McAuley
Carol McAuley is a Staff Governor. She has lived in Colchester for 9 years. Carol joined the Governing Body in 2008 and is a member of the Curriculum and Standards Committee. She had a professional background in scientific research before moving into education, and has been a teacher for 9 years.
Syd Kent
Syd Kent is a Community Governor. He has lived in Colchester since 1968. Two of his children attended the College. Syd was a founding Governor and part of the original group of 4 County Councillors who were tasked with establishing the College in 1985 he then joined the Governing Body when the College opened 1987. Syd was Chair of Governors from 1995 – 2006 and is currently a member of the Personnel Committee and the Finance and Premises Committee. In his professional life he works at the University of Essex where he has been since 1977. Syd was awarded an MBE in 2002 for Services to Education.
David Morran
David Morran is a Community Governor. He has lived in Colchester for 35 years. His daughter is a graduate of the College. David joined the Governing Body in 1988, currently Chairs the Personnel Committee, and is a member of the Audit and Curriculum & Standards Committees. He has a professional background in Human Resources and is currently the Practice Manager for a Veterinary Practice.
Ian MacNaughton
Ian MacNaughton, College Principal since 1997. Ian is a member of the Curriculum & Standards, Finance & Premises and Personnel Committees. He also attends the Chairs & Search Committee as an Observer.
John Stenhouse
John Stenhouse is a Community Governor. He has lived in the Essex/Suffolk borders for 18 years. He has had two daughters and one son attend the College. John joined the Governing Body in 2007, currently Vice-Chairs the Finance and Premises Committee. He has a professional background in accountancy, has run his own group of companies, is a qualified accountant, and is accredited as a professional business adviser by SFEDI. He currently works full time as a Business Link adviser and works with registered charities including The Princes Trust and The Ipswich Furniture Project amongst others.
John Owens
John
Owens is a Community Governor. He and his family have lived in Colchester for
over 20 years. Both of his children are graduates of the College. He joined the
CSFC Governing Body in 2008 after serving as a Governor at the Philip Morant
School and College for 16 years. He is a member of the Finance and Premises
Committee and an observer on the Audit Committee. In his professional life, he
is a political scientist and author, and professor at the University of
Westminster.
Celia Douglas
Clerk to the Governors
Celia Douglas was appointed as Clerk to the Governors in August 2008. Prior to that she worked in Local Government for 8 years. The Clerk is responsible for providing administrative support to the Governing Body, advising on the operation of its powers; procedural matters; the conduct of its business and matters of governance practice.
Correct as of March 2009
Code of Conduct
Revised June 2008 and approved by the Governing Body September 2008
1. Introduction
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1.1 |
This Code is intended as a guide, to indicate the standards of conduct and accountability which are expected of Governors, to enable them to understand their legal and ethical duties and to assist them both in carrying out those duties and in their relationship with the Governing Body and Principal as the Chief Executive. This Code therefore is aimed at promoting effective, well informed and accountable college governance, and is not intended to be a definitive or authoritative statement of the law or good practice. |
|
1.2 |
In addition to this Code, Governors are recommended to familiarise themselves with the source documents listed in the schedule. |
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1.3 |
If a Governor is in doubt about the provisions of this Code or any of the source documents, the Clerk should be consulted and, if necessary, professional advice should be obtained. However, ultimate responsibility for the appropriateness of conduct as a governor of the College and for any act or omission in that capacity rests with the individual Governor |
|
1.4 |
This Code applies to every committee or working party of the Governing Body and to every subsidiary company or joint venture of the College to which Governors may be appointed. |
|
1.5 |
By accepting appointment to the Governing Body, each Member agrees to accept the provisions of this Code. |
2. Interpretation
In this Code:-
|
2.1 |
‘College’ means The Sixth Form College, Colchester; |
|
2.2 |
‘College Mission Statement’ means the statement set out at paragraph 3.1 of this Code or such other mission statement as may be agreed by the Governing Body from time to time; |
|
2.3 |
‘Council’ means the Learning and Skills Council for England or any successor body; |
|
2.4 |
‘Governing Body’ means the further education governing body or governing body that was established for the purpose of conducting the College: |
|
2.5 |
‘Governor’, ‘Chair’, ‘Principal’ and ‘Clerk’ mean respectively the Member of the Governing Body of the College, the Chair of the Governing Body, the Principal of the College and the Clerk to the Governing body; |
|
2.6 |
‘DIUS’ means the Department for Innovation, Universities and Skills; |
|
2.7 |
all other definitions have the same meanings as given in the College’s Instrument and Articles of Government; and |
|
2.8 |
words importing one gender import any gender. |
3. Aims and Values
|
3.1 |
The College Mission Statement reads as follows:
‘The College’s prime aim is the provision, in a supportive environment, of high quality, full-time academic and general education courses to meet the needs of young people between the ages of 16 and 19 who live in the Colchester area and at the same time to equip them with the qualifications, skills and personal attributes required to move successfully and happily into higher and further education, employment and future life.’ The Mission Statement shall be reviewed from to time, together with corporate objectives. |
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3.2 |
The College Mission Statement together with the corporate objectives of the College agreed by the Governing Body from time to time seek to encapsulate the core purposes and aims of the College. Governors should have due regard to these purposes and aims when conducting the business of the Governing Body and considering the activities and proposed activities of the College. |
|
3.3 |
The Governing Body recognises its obligations to all those with whom it and/or the College have dealings, including students, employees, suppliers, other educational institutions and the wider community. In particular, the Governing Body is committed to combating any discrimination within the College on the grounds of race, ethnic or national origin, religion, age, disability or sexuality and to the principles set out in the Charter for Further Education and in the College’s own Charter, copies of which are available from the Clerk. |
|
3.4 |
The Governing Body is also committed to ensuring that it conducts its business in accordance with the highest ethical standards as set out in more detail in this Code. |
4. Duties
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4.1 |
Governors owe a fiduciary duty to the College. This means that they should show it the highest loyalty and act in good faith in its best interests. Each Member should act honestly, diligently and (subject to the provisions appearing in paragraph 10 of this Code relating to collective responsibility) independently. The actions of Governors should promote and protect the good reputation of the College and the trust and confidence of those with whom it deals. |
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4.2 |
Decisions taken by Governors at meetings of the Governing Body and its committees must not be for any improper purpose or personal motive. Decisions taken must always be for the benefit of the College, its students and staff and other users of the College and must be taken with a view to safeguarding public funds. Accordingly, Governors must not be bound in their speaking and voting by mandates given to them by other bodies or persons. |
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4.3 |
Governors must observe the provisions of the College’s Instrument and Articles of Government and in particular the responsibilities given to the Governing Body by the College’s Articles of Government. Those responsibilities, including a list of “reserved” responsibilities, which are so important that they must not be delegated, are set out in Appendix 2. |
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4.4 |
Governors should comply with the Standing Orders of the College and the terms of reference of its committees to ensure that the Governing Body conducts itself in an |
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4.5 |
Governors should also have regard to the different, but complementary, responsibilities given to the Principal as the College’s Chief Executive. The responsibilities given to the Principal by the College’s Articles of Government are set out in Appendix 4. Whereas it is the Governing Body’s function to decide strategic policy and overall direction and to monitor the performance of the Principal and any other senior post-holders, it is the Principal’s role to implement the Governing Body’s decisions, and to manage the College’s affairs within the budgets and framework fixed by the Governing Body. Governors should work together so that the Governing Body and the Principal perform their respective roles effectively. |
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4.6 |
Governors should refer to the Clerk for advice relating to the governance functions which are set out in Appendix 4 and have regard to the Clerk’s independent advisory role. |
5. Statutory Accountability
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5.1 |
Governors are collectively responsible for observing the duties set out in the Financial Memorandum, which the College has entered into with the Council as a condition of receiving public funds. A summary of some of the more important requirements of the Financial Memorandum is set out in Appendix 5. |
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5.2 |
Although the Council is the main provider of funds to the College, Governors should note that they are also responsible for the proper use of income derived from other sources, and for the control and monitoring of expenditure of such income, in order to meet the requirements of the relevant funding body and public audit. |
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5.3 |
As accounting officer for the Council, its Chief Executive is directly responsible and accountable to Parliament for ensuring that the uses to which the Council puts it funds are consistent with the purposes for which the funds were given and comply with the conditions attached to them. The Principal, as accounting officer for the College, is also directly responsible and accountable to Parliament, through the Committee of Public Accounts, for the effective stewardship by the College of public funds. The Principal may be required to appear before the Committee of Public Accounts, alongside the Chief Executive of the Council, to give an account of the use made by the College of such funds. The Governing Body is accountable to Parliament for ensuring the financial health of the College, and to the Courts for ensuring that the College is conducted in accordance with the Education Acts and the general law. |
6. Public Service Values
Public service values are at the heart of the further education service. High standards of personal and corporate conduct based on the principles set out in Appendices 1 and 2 of this Code, and the recognition that students and other users of the College’s services come first, are a requirement of being a Governor, and should underpin all decisions taken by the Governing Body.
7. Skill, Care and Diligence
A Governor should in all his or her work for the College exercise such skill as he or she possesses and such care and diligence as would be expected from a reasonable person in the circumstances. This will be particularly relevant when Governors act as agents of the College, for example, when functions are delegated to a committee of the Governing Body or to the Chair. Governors should be careful to act within the terms of reference of any committees on which they serve.
8. Powers
Governors are responsible for taking decisions which are within the powers given to the Governing Body by Parliament under sections 18 and 19 of the Further and Higher Education Act 1992 as amended by the Learning and Skills Act 2000. A summary of those powers is set out in Appendix 6. If a Governor thinks that the Governing Body is likely to exceed its powers by taking a particular decision, he or she should immediately refer the matter to the Clerk for advice.
9. Conflicts of Interest
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9.1 |
Like other persons who owe a fiduciary duty, Governors should seek to avoid putting themselves in a position where there is a conflict (actual or potential) between their personal interests and their duties to the Governing Body. They should not allow any conflict of interest to arise, which might interfere with the exercise of their independent judgement. |
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9.2 |
Governors are reminded that under the College’s Instrument of Government they must not take or hold any interest in any of property held or used for the purposes of the College or receive any remuneration for their services (save as a member of the College’s staff) without the written approval of the Secretary of State for Innovation, Universities and Skills. |
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9.3 |
Governors are reminded that under the College’s Instrument of Government and the general law, they must disclose to the Governing Body any direct or indirect financial interest they have, or may have, in the supply of work or goods to or for the purposes of the College, or in any contract or proposed contract concerning the College, or in any other matter relating to the College or any other interest of a description specified by the Governing Body in any matter relating to the College, or any duty which is material and which conflicts or may conflict with the interests of the Governing Body. |
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9.4 |
If an interest of any kind (including an interest of a spouse or partner of a Governor or of a close relative of the Governor or his or her partner or spouse) is likely or would, if publicly known, be perceived as being likely to interfere with the exercise of a Governor’s independent judgement, then,: |
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| 9.4.1 |
the interest, financial or otherwise, should be reported to the Clerk; and |
| 9.4.2 |
the nature and extent of the interest should be fully disclosed to the Governing Body before the matter giving rise to the interest is considered. |
| 9.4.3 |
If the Governor concerned is present at a meeting of the Governing Body, or any of its committees, at which such supply, contract or other matter constituting the interest is to be considered, he or she should:- |
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| 9.4.3.1 |
not take part in the consideration or vote on any question with respect to it and shall not be counted in the quorum for that meeting; and |
| 9.4.3.2 |
withdraw from that Governing Body or committee meeting where required to do so by a majority of the members of the Governing body or committee present at the meeting. |
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9.5 |
For the purposes of clause 9.4 “close relative” includes but is not limited to a father, mother, brother, sister, child, grandchild and step-father/mother/ brother/sister/child. |
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9.6 |
Governors must not receive gifts, hospitality or benefits of any kind from a third party which might be seen to compromise their personal judgement or integrity. Any offer or receipt of such gifts, hospitality or benefits should immediately be reported to the Clerk. |
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9.7 |
The Clerk will maintain a Register of Governors’ Interests, which will be open for public inspection. Governors must disclose routinely to the Governing Body all business interests, financial or otherwise, which they may have, and the Clerk will enter such interests on the Register. Governors must give sufficient details to allow the nature of the interests to be understood by enquirers. Governors should inform the Clerk whenever their circumstances change and interests are acquired or lost. In deciding whether an interest should be disclosed, Governors should have regard to the meaning given to “interest” in paragraphs 9.4 and 9.5 of this Code. |
10. Collective Responsibility
|
10.1 |
The Governing Body operates by Governors taking majority decisions in a corporate manner at quorate meetings. Therefore, a decision of the Governing Body, even when it is not unanimous, is a decision taken by the Governors collectively and each individual Governor has a duty to stand by it, whether or not he or she was present at the meeting of the Governing Body when the decision was taken. |
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10.2 |
If a Governor disagrees with a decision taken by the Governing Body, his or her first duty is to have any disagreement discussed and minuted. If the Governor strongly disagrees, he or she should consult the Chair and, if necessary, then raise the matter with the Governing Body when it next meets. If no meeting is scheduled, the Governor should refer to the power of the Chair or any five Governors under the College’s Instrument of Government to call a special meeting and, if appropriate, exercise it, requesting the Clerk to circulate the Governor’s views in advance to the other Governors. Alternatively, as a final resort, the Governor may decide to offer his or her resignation from office, after consulting the Chair. |
11. Opennes and Confidentiality
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11.1 |
Because of the Governing Body’s public accountability and the importance of conducting its business openly and transparently, Governors should ensure that, as a general principle, students and staff of the College have free access to information about the proceedings of the Governing Body. Accordingly, agendas, minutes and other papers relating to meetings of the Governing Body are normally available for public inspection when they have been approved for publication by the Chair. |
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11.2 |
There will be occasions when the record of discussions and decisions will not be made available for public inspection; for example, when the Governing Body considers sensitive issues or named individuals and for other good reasons. Such excluded items will be kept in a confidential folder by the Clerk, and will be circulated in confidence to Governors. Some confidential items are likely to be of a sensitive nature for a certain period of time only (for example information relating to a proposed commercial transaction or a collaboration with another institution). The Governing Body should specify how long such items should be treated as confidential or, if this is not possible, such items should be reviewed from time to time to consider whether the confidential status should be removed or whether the public interest in disclosure outweighs that confidential status and the item made available for public inspection. When considering such issues the Governors must also consider the College’s publication scheme issued under the Freedom of Information Act 2000. [See Standing Order regarding Access to Information.] |
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11.3 |
However, staff and student Governors have no right of access to minutes dealing with matters in respect of which they are required to withdraw from meetings under the College’s Instrument of Government. |
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11.4 |
It is important that the Governing Body and its committees have full and frank discussions in order to take decisions collectively. To do so, there must be trust between Governors with a shared corporate responsibility for decisions. Governors should keep confidential any matter, which by reason of its nature, the Chair or members of any committee of the Governing Body are satisfied should be dealt with on a confidential basis. |
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11.5 |
Governors should not make statements to the press or media or at any public meeting relating to the proceedings of the Governing Body or its committees without first having obtained the approval of the Chair or, in his or her absence, the Vice Chair. It is unethical for Governors publicly to criticise, canvass or reveal the views of other Governors, which have been expressed at meetings of the Governing Body or its committees. |
12. Complaints
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12.1 |
In order to ensure that the affairs of the College are conducted in an open and transparent manner and that the College is accountable for its use of public funds but also to its employees, its students and the community it serves, it is important for there to be appropriate complaints procedures in place and for these to be well publicised. Governors are reminded of their specific responsibility under the Articles of Government to make rules specifying the procedures in accordance with which employees may seek redress of any grievances relating to their employment, of the importance of having formal complaints procedures in place to handle issues raised by students, former students and third parties and of the legal requirement to have a public interest disclosure procedure in place. |
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12.2 |
Under the Charter for Further Education, students, employees and other third parties have a right to make a complaint to the Council in respect of the College or of any of its decisions. Copies of these procedures can be obtained from the Clerk. Governors in particular are reminded that under the Council’s Procedure for dealing with complaints about Learning Providers (November 2007) the Council must investigate “all allegations of irregularity (unlawful or unethical conduct, financial malpractice, equality and diversity issues, and health and safety risks to staff, learners or the public)” |
13. Attendance at Meetings
A high level of attendance at meetings of the Governing Body is expected so that Governors can perform their functions properly.
14. Governance Development
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14.1 |
The Governing Body shall seek to ensure that all Governors are appointed on merit, in accordance with an open selection procedure carried out by the Governing Body’s Search Committee, and are drawn widely from the community which the College serves so as to be representative of that community. The Governing Body should have regard to the provisions relating to the membership of the Governing Body in the College’s Instrument of Government, the need to make available a range of necessary skills and experience to ensure that the Governing Body carries out its functions under the College’s Articles of Government. |
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14.2 |
Governors must obtain a thorough grounding in their duties and responsibilities by participating in the College’s governance, induction, and training programmes, including regular refresher workshops. |
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14.3 |
In order to promote more effective governance, Governors will carry out an annual review of the performance by the Governing Body of its duties and responsibilities, as part of a continuing and critical process of self evaluation. |
Schedule – List of Source Documents
| 1 |
the College’s Articles of Government; |
| 2 |
the Standing Orders of the Governing Body and the terms of reference of its committees; |
| 3 |
the Financial Memorandum entered into by the College with the Council; |
| 4 |
the College’s Mission Statement and corporate objectives; |
| 5 |
the College’s Strategic Plan; |
| 6 |
the strategic plan of the College’s local council; |
| 7 |
the principles laid down by the Committee on Standards in Public Life (Nolan Committee) for those holding public office, namely:
- selflessness
- integrity
- objectivity
- accountability
- openness
- honesty
- leadership
|
|
An extract from the report of the Nolan Committee setting out these principles in more detail is set out in appendix 1:
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| 8 |
the Audit Code of Practice issued by the Council; |
| 9 |
the Combined Code on Corporate Governance published by the Financial Services Authority; |
| 10 |
the Good Governance Standard for Public Services published by the Independent Commission on Good Governance in Public Services (Good Governance Standard). |
|
An extract from the Good Governance Standard setting out the six core principles of good governance is set out at Appendix 2:
|
| 11 |
The College Governor’ issued by the Council as an advisory document or its equivalent; and |
| 12 |
The Governor Training Materials’ (2002) issued by the Council as advisory documents or their equivalent. |
Appendices
Appendix 1
The Seven Principles of Public Life
The following is an extract from the Second Report
of the Nolan Committee on Standards in
Public Life, May 1996
Selflessness
Holders of public office should take decisions solely in terms of
the public interest. They should not do so in order to gain financial
or other material benefits for themselves,
their family, or their friends.
Integrity
Holders of public office should not place themselves under any financial
or other obligation to outside individuals or organisations that might influence
them in the performance of their official duties.
Objectivity
In carrying out public business, including making public appointments, awarding contracts,
or recommending individuals for rewards and benefits, holders of public office
should make choices on merit.
Accountability
Holders of public office are accountable for their decisions and actions to
the public and must submit themselves to whatever scrutiny is
appropriate to their office.
Openness
Holders of public office should be as open as possible about all
the decisions and actions that they take. They should give reasons for
their decisions and restrict information only when the
wider public interest clearly demands.
Honesty
Holders of public office have a duty to declare any private interests
relating to their public duties and to take steps to resolve any conflicts
arising in a way that protects the public interest.
Leadership
Holders of public office should promote and support these
principles by leadership and example.
Appendix 2
Six Core Principles of Good Governance
The following is an extract from the Good Governance Standard for Public Services published by the Independent Commission on Good Governance in Public Services, January 2005
| 1. |
Good governance means focusing on the organisation’s purposes and on outcomes for citizens and service users |
|
1.1 |
Being clear about the organisation’s purposes and its intended outcomes for citizens and service users; |
|
1.2 |
Making sure that users receive a high quality service; |
|
1.3 |
Making sure that taxpayers receive value for money. |
| 2. |
Good governance means performing effectively in clearly defined functions and roles |
|
2.1 |
Being clear about the functions of the Governing Body; |
|
2.2 |
Being clear about the responsibilities of the non-executives and the executive, and making sure that those responsibilities are carried out; |
|
2.3 |
Being clear about relationships between the governors and the public. |
| 3. |
Good governance means promoting values for the whole organisation and demonstrating the values of good governance through behaviour |
|
3.1 |
Putting organisational values into practice; |
|
3.2 |
Individual governors behaving in ways that uphold and exemplify effective governance. |
| 4. |
Good governance means taking informed, transparent decisions and managing risk |
|
4.1 |
Being rigorous and transparent about how decisions are taken; |
|
4.2 |
Having and using good quality information, advice and support; |
|
4.3 |
Making sure that an effective risk management system is in operation |
| 5. |
Good governance means developing the capacity and capability of the Governing Body to be effective |
|
5.1 |
Making sure that appointed and elected governors have the skills, knowledge and experience they need to perform well |
|
5.2 |
Developing the capability of people with governance responsibilities and evaluating their performance as individuals and as a group; |
|
5.3 |
Striking a balance in the membership of the Governing Body between continuity and renewal. |
| 6. |
Good governance means engaging stakeholders and making accountability real |
|
6.1 |
Understanding formal and informal accountability relationships; |
|
6.2 |
Taking an active and planned approach to dialogue with accountability to the public; |
|
6.3 |
Taking an active and planned approach to responsibility to staff; |
|
6.4 |
Engaging effectively with institutional stakeholders. |
Appendix 3
Summary of Main Responsibilities of Governors under the Articles of Government
Responsibilities
Under the College’s Articles of Government the Governing Body shall be responsible:
| (a) |
for the determination and periodic review of the educational character and mission of the institution and for oversight of its activities; |
| (b) |
for approving the quality strategy of the institution; |
| (c) |
for the effective and efficient use of resources, the solvency of the institution and the Governing Body and for safeguarding their assets; |
| (d) |
for approving annual estimates of income and expenditure; |
| (e) |
for the appointment, grading, suspension, dismissal and determination of the pay and conditions of service of the holders of senior posts and the Clerk, including, where the Clerk is, or is to be, appointed as, a member of staff, the Clerk’s appointment, grading, suspension, dismissal and determination of pay in the capacity as a member of staff; |
| (f) |
for setting a framework for the pay and conditions of service of all other staff; and |
| (g) |
for setting the policy by which the tuition and other fees payable to the College are determined (subject to any terms and conditions attached to grants, loans or other payments paid or made by the Council). |
“Senior Post” means the post of Principal and such other senior posts as the Governors may designate for the purposes of the Articles.
Responsibilities Which Must Not Be Delegated
The Articles of Government prohibit the Governing Body from delegating the following:-
| (a) |
the determination of the educational character and mission of the institution; |
| (b) |
the approval of the annual estimates of income and expenditure; |
| (c) |
ensuring the solvency of the institution and the Governing Body and the safeguarding of their assets; |
| (d) |
the appointment of the Principal or holder of a senior post; |
| (e) |
the appointment of the Clerk (including, where the Clerk is, or is to be, appointed as a member of staff the Clerk’s appointment in the capacity as member of staff); |
| (f) |
the modifying or revoking of the Articles of Government. |
| (g) |
the consideration of the case for dismissal, of the Principal, the Clerk or the holder of a senior post unless such function is delegated to a committee of Governors; and |
| (h) |
the power to determine an appeal in connection with the dismissal of the Principal, the Clerk or the holder of a senior post unless such power is delegated to a committee of Governors. |
The Governing Body may, from time to time, resolve to add other functions which must not be delegated to this list of “reserved” responsibilities.
Appendix 4
Summary of main responsibilities of the Principal
under the Articles of Government.
Under the College’s Articles of Government the Principal shall be the Chief Executive of the College and shall be responsible for:
| (a) |
making proposals to the Governing Body about the educational character and mission of the institution, and for implementing the decisions of the Governing Body; |
| (b) |
the organisation, direction and management of the institution and leadership of the staff; |
| (c) |
the appointment, assignment, grading, appraisal, suspension, dismissal, and determination, within the framework set by the Governing Body, of the pay and conditions of service of staff other than the holders of senior posts or the Clerk where the Clerk is also a member of the staff; |
| (d) |
the determination, after consultation with the Curriculum and Standards Committee, of the College’s academic activities, and for the determination of its other activities; |
| (e) |
preparing annual estimates of income and expenditure, for consideration and approval by the Governing Body, and for the management of budget and resources within the estimates approved by the Governing Body; |
| (f) |
maintaining student discipline and, within the rules and procedures provided for within these Articles, suspending or expelling students on disciplinary grounds and implementing decisions to expel students for academic reasons. |
Summary of main responsibilities of the Clerk under the Articles of Government
Under the Articles of Government the Clerk shall be responsible for advising the Governing Body with regard to:
| (a) |
the operation of its powers; |
| (b) |
procedural matters; |
| (c) |
the conduct of its business; |
| (d) |
matters of governance practice. |
Appendix 5
Summary of Main Provisions of the Financial Memorandum of the Council
The Department for Innovation, Universities and Skills (DIUS) requires the Council to enter into an agreement set out in a financial memorandum with the College for the purpose of regulating its relationship in financial and related matters and setting out the terms and conditions on which public funds will be paid by the Council to the College.
A revised financial memorandum was published by the Council in December 2006 and became effective from 1st August 2006, and this sets out the framework of relationships and responsibilities between Colleges and the Council. It replaces FEFC Circular 99/48.
The memorandum is divided into two parts. Part 1 contains the general terms and conditions under which the Council funds colleges. A summary of the main provisions of Part 1 appears below. Part 2 consists of any specific conditions which might apply to the College and is the subject of individual annual notification.
Important points to note in relation to Part 1 are as follows:-
Preamble
The revised financial memorandum stresses that in future the Council and colleges need to work in partnership and to have a relationship based on trust. The financial memorandum sets out the conditions upon which funding is provided by the Council to colleges under a grant-in-aid relationship as opposed to one of contract. Funding is assumed to be continuous, requiring deliberate action to end it. The form of the financial memorandum is largely dictated by Treasury requirements and the Council’s own financial memorandum with the DIUS. It reflects the LSC’s responsibilities for public accountability over the funds it provides to colleges. However, the Council’s expectation is that colleges will take full control of their financial affairs.
Colleges’ expectations of the Council
The financial memorandum confirms that the Council will act reasonably on the basis of the evidence available and on its objective analysis of that evidence. It will be open and transparent with colleges and other stakeholders and (even though this would not necessarily be required by the general principles of public law) it will give reasons for all its decisions.
Legislation
In the financial memorandum the Council sets out the terms and conditions on which it pays to fund the College in accordance with the Learning and Skills Act 2000. However, the memorandum also recognises that nothing in it will require the College to act in a manner which would cause it to lose its charitable status or which would be inconsistent with its instrument and articles of government. Note that from 2008 the Council will become the “principal regulator” responsible for monitoring college’s compliance with charity law under the Charities Act 2006.
Responsibilities of the Council
The Council’s chief executive, as accounting officer under the Council’s financial memorandum with the DIUS, is accountable to Parliament for ensuring that the uses to which the Council puts its funds comply with the conditions attached to them. The accounting officer must be satisfied that the College has appropriate arrangements for sound governance, financial management, securing value for money and accounting, and that the College’s use of public funds is consistent with the purposes for which the funds have been given.
Responsibilities of the College
The revised financial memorandum does not repeat the College’s wide responsibilities under statute and the instrument and articles. However, Governing Bodies are reminded that they are responsible for ensuring that the College’s funds are used only in accordance with its powers under the Learning and Skills Act 2000, the financial memorandum, and any other conditions that the Council may from time to time impose. The Governing Body must ensure it uses its discretion reasonably and takes into account any relevant guidance on accountability or propriety issued from time to time by the Council, the National Audit Office or Parliament. The Governing Body must require the Principal to take personal responsibility to ensure that there is compliance with the financial memorandum and the terms and conditions referred to above. The Principal as accounting officer may be required to appear before the Parliamentary Committee of Public Accounts on matters relating to the College’s use of public funds and College funds. The Principal is responsible for advising the Governing Body if at any time he/she considers that any action or policy under consideration by the Governing Body is incompatible with the financial memorandum. Where the Governing Body determines to proceed despite the Principal’s advice, the Principal should consider the Governing Body’s reasons and if he/she still considers that the action proposed is in breach of the financial memorandum, the Principal should inform the Council’s accounting officer in writing of the position.
The Clerk should also intervene when he/she considers that the Governing Body is acting inappropriately or beyond its powers, in which case the Clerk may need to seek external advice.
Allocation of funds
The Council will notify the College in writing of the allocation of recurrent funds as soon as possible in advance of the academic year to which they relate, ideally at least four months in advance. The Council will seek to maximise the College’s discretion to use the Council’s funds in achieving the Council’s objectives as agreed with the College. On occasion the Council may allocate funds to the College for a specific purpose, in which case the College must apply such funds only for that purpose.
The College must not apply public funds to provision for which it has already received other funding and it must not use the Council’s funding to make claims for any European source of funding, in each case without obtaining the Council’s written consent.
Payment of Funds
The Council will make payments to the College monthly in accordance with a funding profile for the year. The Council may be prepared to make exceptional ad hoc payments to the College.
Capital Transactions
The College should manage its property having regard to the guidance issued by the Council. The College will normally be required to apply the proceeds of asset sales to investment in land and buildings and it must seek independent professional advice before disposing of these. The College must obtain the Council’s consent to capital transactions where the total cost or proceeds exceed £1.5 million or 5 per cent of the College’s annual revenue, whichever is the lesser. The College must seek to secure the best obtainable value for money on disposal of property to a third party. Where such building may have been acquired with public funds the Council may require the College to surrender some or all of the proceeds.
Borrowing
The College must seek the Council’s prior written consent for any borrowing by itself or its subsidiaries, save that the Council gives consent for any unsecured borrowing up to 5 per cent of the College’s total annual income and for secured borrowing up to a cumulative maximum of 5 per cent of the College’s annual income in order to finance construction, refurbishment or purchase of land and buildings which are offered as security.
Contingent Liabilities
The College must not give any guarantees or indemnities other than in the normal course of business.
College Companies
The College must seek the consent of the Council to participate in companies providing education funded wholly or partly by the Council.
Financial reporting
The College must keep proper accounting records and prepare financial statements in accordance with the Council’s requirements. Copies of the College’s audited financial statements must be supplied to the Council and be made available to members of the public on request.
The College must have an effective risk management policy, including appropriate insurance arrangements, having regard to LSC guidance.
The College must notify the Council in writing if at any time there is a significant deterioration in its financial position. The Council may require the College to put in place a suitable recovery plan.
Audit
The Governing Body must appoint an audit committee and arrange for internal and financial statements audit in accordance with the Council’s Audit Code of Practice. The Council may from time to time carry out audits at the College and its subcontractors, as may the National Audit Office. The College must retain all records necessary to verify the provision delivered by it or its sub-contractors for six years after the end of the funding period. The College must investigate and report to the Council all significant cases of internal and external fraud or suspected irregularity.
Procurement and Contracting
The College must comply with all relevant UK and European regulations.
Payment to Employees On Termination of Employment
Payments made to employees on termination of their employment should normally only be for the purposes of meeting contractual requirements, exceptions must be justified by explicit and quantified reference to value for money. The College must avoid spending public funds on settlements where disciplinary action would have been more appropriate. The College must take professional advice and the terms of any final agreement should be agreed by the Governing body. The cost of settlements must be declared in the College’s financial statements.
Provision of Information
The College must provide the Council with the information it needs in order to meet its responsibilities and European funding requirements. In requesting information the Council will act reasonably and consider information previously supplied by the College to the Council or others with whom the Council can share information. The Council will have due regard to the cost and timescale of provision of the information and, where appropriate its confidentiality. However, if the College does not provide information to the Council appropriately it may carry out investigations or use reasonable estimates to exercise its functions. The College must notify the Council’s chief executive in writing of the vacating or filling of the positions of Chair of the Corporation, Principal and Clerk.
Repayment
If the Council overpays the College as a result of its use of estimates. The Council reserves the right to recover any overpaid funding. If the College does not comply with any conditions attached by the Council to the payment of funds the Council reserves the right, in exceptional circumstances, to require the College to repay all or part of these funds.
Appendix 6
Summary of the Statutory Powers of the Governing Body
Principal Powers
Under section 18(1) of the Further and Higher Education Act 1992 a further education Governing Body* may:-
| (a) |
provide further and higher education; |
| (b) |
provide secondary education suitable to the requirements of persons who have attained the age of 14 years, or provide secondary education or participate in the provision of secondary education at a school (subject to the consultation with the appropriate local education authority); and |
| (c) |
supply goods or services in connection with their provision of education. |
These powers are known as the Governing Body’s “principal powers”.
Supplementary Powers
Under section 19 of the 1992 Act the Governing Body may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of any of the principal powers conferred by section 18 of the Act, including in particular the following:-
| (a) |
the power to acquire and dispose of land and other property; |
| (b) |
the power to enter into contracts, including in particular: |
|
| (i) |
contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of the Governing Body's principal powers; and |
| (ii) |
contracts with respect to the carrying on by the Governing Body of any such activities; |
|
| (c) |
the power to form, participate in forming or invest in a company or become a member of a charitable incorporated organisation provided that the LSC consents; |
| (d) |
the power to borrow such sums as the Governing Body thinks fit for the purposes of carrying on any activities it has power to carry on or to meet any liability transferred to it under sections 23 to 27 of the 1992 Act (i.e. when the College achieved its corporate independence on 1st April 1993) and, in connection with such borrowing, the power to grant any mortgage, charge or other security in respect of any land or other property of the Governing Body. This power may not be exercised without the consent of the Council, which may give its consent for a particular borrowing or for borrowing of a particular class; |
| (e) |
power to invest any sums not immediately required for the purposes of carrying on any activities the Governing Body has power to carry on; |
| (f) |
power to accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes; and |
| (g) |
power to do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes. |
The Governing Body may also provide facilities of any description (including boarding accommodation and recreational facilities for students and staff and facilities to meet the needs of students having learning difficulties), which appear to be necessary or desirable for the purposes of or in connection with the carrying on of the principal powers.
The powers conferred by section 19 of the 1992 Act are known as “supplementary powers”.
Start of document
Standing Orders
Revised June 2008 and approved by the Governing Body September 2008
Introduction
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The Standing Orders of the Governing Body are intended to cover a range of issues that will benefit the governance process. There are potential benefits to be gained by having these in place when inspection and audit take place and indicate best practice that should be followed. They reflect the seven Principles of Public Life (Nolan Committee) for those holding public office, namely:
- Selflessness
- Integrity
- Objectivity
- Accountability
- Openness
- Honesty
- Leadership
The Standing Orders should not be viewed in isolation, but should form part of the whole process of governance in line with the Instruments and Articles of Government of Further Education Governing Body’s, Code of Conduct and all policies relating to Governance.
1 Quorums
|
a) |
The Quorum of the Governing Body and Committees is 40% of the determined membership including current vacancies, rounded to the nearest whole number. The Governing Body has currently determined the membership at 20 members, with a quorum of 8. The membership and quorums for Committee meetings are agreed every two years by the Governing Body. |
|
b) |
The rules of the quorum apply not only at the start of the meeting, but also at any point during the meeting when the numbers present change as a result of members arriving late, leaving early or declaring an interest. The Clerk shall keep a note of attendance, including any changes, which take place during the meeting. If a meeting becomes inquorate the Clerk shall immediately inform the Chair. |
|
c) |
An inquorate meeting shall normally be terminated by the Chair, although it is possible to continue discussions on an informal basis. It is then open to the Chair to call a special meeting to undertake the remaining business, or to defer consideration to the next ordinary meeting. |
2 Meetings
|
a) |
The Governing Body shall meet at least once in every term and hold such other meetings as may be necessary. |
|
b) |
An annual calendar of events will normally be set in the summer term and where possible meetings shall be planned ahead for the full academic year. Dates set will be subject to review if the need arises. |
|
c) |
All meetings shall normally be summoned by the Clerk to the Governing Body who shall, at least seven calendar days before the date of the meeting, send to all members written notice of the meeting and a copy of the proposed agenda. |
|
d) |
If it is proposed to consider at any meeting the remuneration, conditions of service, conduct, suspension, dismissal or retirement of the Clerk to the Governing Body, the Chair shall, at least seven calendar days before the date of the meeting, send to the members a copy of the agenda item concerned together with any relevant papers. |
|
e) |
A special meeting of the Governing Body may be called at any time by the Chair, or at the request in writing to the Clerk of any five members. Where the Chair, or in his/her absence the Vice-Chair, so directs on the grounds that there are matters demanding urgent consideration, it shall be sufficient if the written notice convening the meeting and the agenda are given within such a period, being less than seven days, as he or she specifies. |
|
f) |
Any individual Governor may request that an item be included on the agenda of the Governing Body or a Committee; items should normally be submitted to the Clerk at least 10 working days before the date of the meeting. The Clerk shall notify the Chair or Committee Chair and Principal of any items proposed through this route before the agenda is finalised. The Chair of the Governing Body or the Chair of the Committee shall make the final decision as to inclusion of any item on the agenda.
At every ordinary meeting of the Governing Body there shall be the opportunity for ‘confidential’ items to be assigned to Part B of the agenda as necessary. |
|
g) |
The minutes of the last meeting shall be taken as an agenda item and, if agreed to be accurate, signed as a true record by the Chair of the meeting. |
|
h) |
Separate minutes shall be taken of those parts of meetings from which the Clerk of the Governing Body or staff or student members have withdrawn. The minute(s), or any papers relating to that part of the meeting from which they were required to withdraw shall be treated as highly confidential and not be made available to the interested parties. |
|
i) |
Minutes should record the main points arising, should be accurate and brief as far as it is practicable and recommendations and decisions should be in emboldened type. |
3 Withdrawal from meetings
Staff Governors and, where applicable, the Clerk and the Principal must withdraw from any part of a meeting, which is discussing their own remuneration, conditions of service, promotion, conduct, suspension, dismissal or retirement. At the discretion of the Governors present, Staff Governors may be asked to withdraw when discussing the appointment, remuneration, conditions of service, promotion, conduct, suspension, dismissal or retirement of any member of staff senior to themselves.
4 Voting
|
a) |
Every question to be decided at a meeting shall be determined by a majority of the votes of the members present and eligible to vote on the question, with the Chair having a second or casting vote in the event of a tie. Proxy votes, or votes by way of a postal vote, for absent Governors are not permitted. |
|
b) |
Not all decisions need to be taken by formal vote. The Chair normally asks the meeting, at the conclusion of a discussion, for its agreement to the proposal in question. They would only call for a vote either if there were a clear expression or dissent, or if it were a matter of particular significance (for example, approval of the annual budget accounts). |
|
c) |
Should an individual member of the meeting request a vote on a particular issue, this must be agreed by the meeting. If a formal vote is taken, the number voting for, against or abstaining shall be recorded in the minutes. It is for the meeting to decide the circumstances in which a secret ballot shall be held or in which the names of those voting for, or against, a proposal shall be recorded. Whether or not a recorded vote has taken place, and even if a decision has been made by secret ballot, a dissenting Governor shall have the right to have his/her disagreement recorded in the minutes, at his/her request. |
5 Reconsideration of Resolutions
No resolution (i.e. any formal decision by the Governing Body) of the Governors may be rescinded or varied at a subsequent meeting of the Governing Body unless its reconsideration appears on the agenda for that meeting. A Resolution cannot therefore be overturned or varied, for instance, simply as part of discussions of matters arising from previous minutes. Not only must the subject matter appear as a substantive item on the agenda, but also the fact that there is a proposal to vary or rescind a previous decision must be indicated.
6 Amendments to Standing Orders
Standing Orders will be reviewed at least every two years. Should there be a need for amendment prior to such review any suggested amendment should be placed as an agenda item at a full Governing Body meeting where it may be discussed, agreed and accepted. Such amendment would form part of the formal minute.
7 Declaration of Personal/Other Interest
|
a) |
Governors must declare any financial interest, including the nature and extent of such an interest, in: |
|
|
(i) |
the supply of work or goods to or for the purposes of the College; |
|
|
(ii) |
any contract or proposed contract concerning the College; |
|
|
(iii) |
any other matter relating to the College. |
|
b) |
Governors should also declare any interest relating to: |
|
|
(i) |
any financial interest, including the nature and extent of such an interest, in the College of his/her spouse or partner, and their own or their spouse/partner’s close family; |
|
|
(ii) |
any non-financial personal interest of Governors, such as membership of other public bodies and institutions; trusteeship of a trust where the Governor, or other person closely connected with him/her, may be a beneficiary; or membership of a closed organisation. |
|
c) |
A declaration covering (a) and (b) above shall be completed on appointment, and thereafter confirmed on an annual basis. It should, however, be noted that any change in circumstances should immediately be made known to the Clerk. |
|
d) |
The declaration of interest is normally the responsibility of the individual Governor. However, if the Clerk, on the basis of information in the Governors’ register of interests, has reason to believe a Governor has a financial or personal interest that may need to be declared, he or she should draw this to the attention of the Chair and the member concerned (preferably before the meeting). |
|
e) |
Having declared a financial or other interest, the Governor concerned may not discuss the item further, may not vote on it, and ceases to be counted towards the quorum necessary for taking a decision on the matter in question. Individual Governors may prefer to withdraw from the meeting, but are not obliged to do so except in certain circumstances. The declaration of an interest by a Governor during the course of the meeting shall be recorded in the minutes. |
|
f) |
Every member of the Governing Body shall act in the best interests of the Governing Body and accordingly shall not be bound in speaking and voting by mandates given to him by any other body or person. |
8 Public Access to Agenda and Minutes
Copies of the agenda, minutes and papers of each meeting of the Governing Body and its Committees are available in the office of the Clerk. Agendas and minutes of the Governing Body meetings are also lodged within the College Library and may be accessed during the normal teaching day. The only exceptions to this policy are minutes and papers deemed by the Governing Body to be confidential. Agendas shall be available for inspection as soon as the Governors have received them, and before the meeting. Non-confidential papers considered at a meeting shall be made available after the meeting.
A copy of the minutes of each meeting will also be placed on the College public website after approval by the Chair of the meeting.
9 Confidentiality
The Governing Body shall determine when an item is confidential.
Criteria for defining an item as confidential include:
- matters concerning individuals including staff, students and prospective governors;
- sensitive commercial or business information which would be disadvantageous to the College to release;
- consultations with trade unions;
- legal advice on sensitive or confidential matters.
The Governing Body shall keep under review any item deemed confidential and will release information if there is no longer a reason to keep it confidential.
10 Public Access to meetings
The Governing Body, or the Chair on its behalf, may at its discretion invite persons who are not members of the Governing Body to attend Governing Body or Committee meetings, or parts of meetings. Any such invitations shall be issued through the Clerk who shall stipulate the portion of the meeting that the person may attend. Such persons may only speak if invited to do so by the Chair of the Governing Body or the Committee. The presence of such persons, and the point in the meeting at which they leave, shall be recorded in the minutes. Invitations would not normally be extended to more than two members of the public at any one time.
11 Appointment of Governors
|
a) |
The Governing Body has set up a Search Committee which operates agreed procedures for the process of searching, selecting and making recommendations to the Governing Body for the appointment of Governors. The Governing Body shall not appoint any member of the Governing Body (other than the Principal) unless it has first considered the advice of the Search Committee. The membership and terms of reference of the Search Committee are as agreed by the Governing Body from time to time and are available from the Clerk. |
|
b) |
A register of membership shall be maintained and updated and the category of membership shall be as agreed by the Governing Body. |
|
c) |
The period of membership for all categories shall be determined by the Governing Body from time to time, currently:
- 4 years: Staff and Community members
- 2 years: Parent member
- 1 years: Student members
- Whilst in post: Principal will also serve as a College governor
|
|
d) |
All new governors shall receive a formal letter of invitation to join the Governing Body which they will be invited to accept in writing. As part of the procedures any newly appointed governor will either have, or be expected to apply for clearance from the Criminal Investigation Bureau. |
|
e) |
All new Governors will follow an induction process and where appropriate will be appointed a mentor. This will ensure that new members are able to undertake their governor role as effectively as possible. |
|
f) |
There shall be ongoing training and development for new and established governors to ensure that they are able to continue to develop their governance skills and abilities within the context of the College’s character, mission and strategy. (See the Governor Training and Development Policy.) |
12 Appointment of External Members
The Search Committee may invite external (i.e. non-Governor) members to serve on any Governing Body Committee, except the Special Committee. Appointments of external members do not require the approval of the full Governing Body, provided that:
|
i) |
the Chair of the Committee to which the external member is to be appointed be co-opted onto the Search Committee for those meetings considering the appointment(s); |
|
ii) |
the Chair or Vice Chair of the Governing Body approves the appointment(s); and |
|
iii) |
the appointments are subsequently reported to the Governing Body. |
Appointment of Chair and Vice Chair
The Chair and Vice Chair are elected for a two year period from the membership of the Governing Body, normally on an open ballot. Another Governor nominated by the Governing Body (not a candidate for either post) shall normally take the chair when the issue of appointment of these two posts is being considered. A proposer shall put forward a nomination to be supported by seconder, neither of whom must be the nominee. The Principal, Staff and Student Governors are ineligible for these appointments, but may nevertheless take part in the appointment process. If the Chair should resign or otherwise cease to hold office during the two year period, then the Vice Chair shall act as Chair until the next meeting when an election shall be held. If the Vice Chair should resign or otherwise cease to hold office during their term of office an election for a replacement shall be held at the next meeting.
The Chair and Vice Chair would not normally hold office for longer than two periods (i.e. 4 years) unless it is formally approved by the Governing Body that an exception be made.
14 Chair’s Action
|
a) |
It will be necessary from time to time for the Chair, or the Vice Chair in his/her absence, to act on behalf of the Governing Body between meetings. The circumstances under which the Chair or Vice Chair may act will include: routine action which would not have merited an agenda item and discussion at a Governing Body meeting, for example routine documents, responding to approaches by external organisations; and agreeing to detailed aspects of implementation of matters already agreed by the Governing Body. |
|
b) |
Alternatively the Chair may take action on matters, which she or he judges are too urgent to await a meeting of the Governors. If such urgent matters arise, the Chair has the option to call a special meeting, if necessary with less than the normal seven days’ notice. Chair’s action should only be taken if delaying a decision would disadvantage the College. |
|
c) |
The Governing Body accepts corporate responsibility for those actions taken by the Chair outside of a meeting, and within the terms of these standing orders. The Clerk must make a full record of all such Chair’s action, and report them to the next meeting of the Governing Body. If the Clerk has not been directly involved in an action then the Chair (or Vice Chair) must ensure that she or he is given a full account of the action. |
15 Expenses
Governors may be reimbursed for expenses properly incurred in attendance at meetings external to College in the performance of their duties. These expenses are claimed under procedures issued by the Finance Department from time to time and approved by the Governing Body. Guidance notes and claim forms are available from the Clerk.
16 Attendance
The Clerk shall keep a record of attendance, which shall be reported annually to the Governing Body. Any Governor who has not attended meetings for more than six consecutive months without permission of the Governing Body may be removed from office by decision of the Governing Body. The Governor concerned shall be given notice in writing.
17 Senior Staff Appointments
|
a) |
The Governing Body is responsible for the recruitment and terms and conditions of the Clerk to the Governing Body and Senior Postholders, who are currently defined as the Principal and Vice Principal. The Principal has general responsibility for the appointment of all members of staff other than for senior postholders. |
|
b) |
When a Senior Staff post, or the post of Clerk to the Governing Body falls vacant the Search Committee shall agree the text of an advertisement and arrange for this to be placed in the national press. |
|
c) |
The Governing Body shall appoint a selection panel of at least four of its members in order to make an appointment when any of the above posts become vacant. |
|
d) |
The selection panel shall determine the arrangements for selecting applicants for interview, undertake the interviews of selected applicants and make a recommendation on appointment to the Governing Body. If the Governing Body approves the selection panel’s recommendation then that person shall be formally appointed. |
|
e) |
If the selection panel is unable to agree on a person to recommend for appointment, or if the Governing Body does not approve the recommendation, the Governing Body may require the panel to repeat the selection process with, or without, first re-advertising the vacancy. |
18 Delegated Powers
The Governing Body may delegate any of its powers with the exception of
the following:
|
a) |
the determination of the educational character and mission of the college; |
|
b) |
the approval of the annual estimates of income and expenditure; |
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c) |
ensuring the solvency of the college and the safeguarding of its assets; |
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d) |
the appointment or dismissal of the principal; |
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e) |
the appointment and dismissal of the clerk to the Governing Body; |
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f) |
the modifying or revoking of the articles of government; |
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g) |
the power to the Principal to determine an appeal in respect of the dismissal of a member of staff under article 12(1) unless the Principal has previously delegated his/her power to dismiss such member of staff to a holder of a senior post. |
19 Committees of the Governing Body
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a) |
The Governing Body currently has six established Committees as follows:
- Audit Committee
- Finance and Premises Committee
- Search Committee
- Special Committee
- Curriculum and Standards Committee
- Personnel Committee
The quorums, memberships and terms of reference of these committees are agreed by the Governing Body from time to time; copies are available from the Clerk. Memberships and Chairs of all Committees, except the full Governing Body Meeting, which has separate arrangements, are reviewed every two years. Minutes of all Committees shall be reported to the full meetings of the Governing Body.
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b) |
Senior Postholders may be dismissed by the Governing Body, following consideration by a Special Committee of the Governing Body. The Chair may dismiss a Senior Postholder with immediate effect, if the circumstances are such that dismissal is justified by the conduct of the postholder.
The Special Committee shall consist of 3 members of the Governing Body. The Chair of the Governing Body, the Vice Chair, the Principal and the Staff and Students members are not eligible for membership of the Special Committee. The Governing Body has agreed rules specifying procedures for the conduct of the Special Committee, as set out in the Disciplinary Procedure for Senior Postholders.
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20 Application of the Seal
The application of the Seal of the Governing Body shall be authenticated by:
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a) |
the signature either of the Chair or some other member authorised either generally or specially by the Governing Body to act for that purpose; and |
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b) |
the signature of any other member. |
21 Complaints
A complaint against the Governing Body or an individual member of the Governing Body shall be addressed to the Clerk to the Governing Body who shall deal with the matter as appropriate. The response to such a complaint will include details of the arrangements for pursuing the matter with an independent body. A complaint against the Clerk to the Governing Body shall be forwarded to the Chair of the Governing Body. A copy of the complaints procedure is attached to the College Code of Conduct.
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