Clerks’ Conference- June 2010Trust Schools

ObjectivesAt the end of this workshop, you will be better able to:• understand what a Trust School is• advise your governing body about the process

involved in forming a Trustand• be aware of the differences in clerking a Trust Board• be aware of other models of governance and

organisation

What are Trust Schools?

Work in pairs – are these statements true or false?

• Trust schools are maintained by the Local Authority• Only primary schools can acquire a Trust• Trust schools are the same as Academies• Trust schools are state funded foundation schools• Trust schools are always run by businesses• Only outstanding schools can become a Trust school

What does this mean for the clerk?

During decision-making period

Post Trust formation

Clerking a Trust Board

Decision-making period

Minuting decisions and underlying reasons

Key decisions on agenda at right time

Information provision

Procedural advice

Key decision pointsInitial decision to investigate Trust Status

Resolutions Interim decision: Do we want to carry on?

Go to informal consultation

Go to formal consultation

Consider / minute responses to informal consultation

Is that your final answer?Resolution to Approve Trust proposal

Consider / minute responses to formal consultationConsider / minute statutory tests have been met

Synchronize and standardize!Governing Body Meetings

Resolutions

InformationRegular updates

Steering Group Communication

Trust Schools Toolkit

Governors’ Guide to Trust Schools

SSAT and FASNA websites

SSAT meetings / seminars

Us and ThemGovernors meet partners

Keep staff informed

Procedural AdviceNotify LA that school is investigating change of

status

Consultation Consult all relevant stakeholders

Formal proposal includes all necessary elements:RationaleList of written responses receivedList who has been consultedStatement on improved attainment

Procedural advice contd.

Consultation contd. Chair of Governors sign statutory notice Post notices correctly Consultation run for correct period Capture / retain responses

Make a decision!

Advise on Governing Body vacancies

Clerks’ role in Post Trust Formation

Procedural advice

Agenda setting & minuting decisions

Procedural advice

Chair of Governors sign Memorandum & Articles of Association

Notify LA and DfE of decision

Formal notification to staff Change to contracts

Notify stakeholders

Procedural Advice contd.Notify rating authority

Join FASNA

Consider purchasing HR and H&S services

Implement H & S obligations

Agendas and Minutes

Reconstitute

Nominate candidates for Trust Governors

New Instrument of Government

Appoint Trustee(s)

Constitutions of Trust SchoolsIn most cases, the governing body will include a

minority of foundation governors appointed by the Trustees:

Parents: at least one thirdAuthority: at least 1 and no more than one fifthStaff (incl HT): at least 2 and no more than one thirdCommunity: at least one tenthFoundation: at least 2 and no more than 45%(appointed by the Trustees)

Activity- Create your own Instrument!

• Your governing body has decided to have 15 governors on the new governing body

• Your governing body has decided to have 12 governors on the new governing body

• Your governing body has decided to have 20 governors on the new governing body

Who can be a Trustee? Disqualifications:Anyone disqualified from acting as a company

director or charity trusteeAnyone with criminal convictionAnyone barred from working with children Anyone under 18 yearsAnyone detained under Mental Health ActAnyone employed by member of Trust (except

Head Teacher)

Role of Trustee

Trustee individually responsible for all legal and financial aspects of Trust.

Not a school’s representative

Critical friend of Trust

Agendas and Minutes contd.Policies

Change policies, Financial Regulations etc. Adopt Essex correct model HR policies

Establish Parent Council

Admissions Formulate, consult on & agree Admissions Policy Establish Admissions Committee Agree arrangements for Admissions Appeals

Consider granting LA ‘Advisory rights’

Clerking a Trust Board

Charity Commission regulations and Companies Act

www.charitycommision.gov.uk CC48 Charities & Meetings CC3 The Essential Trustee

www.companieshouse.gov.uk Companies Act 2006, Life of a Company, Part 2

www.businesslink.gov.uk

What does a Trust need?Memorandum and Articles of Association

Registration with Charity Commission & Companies House

Registered Office

Chair

‘Secretary’

Policies

RegistersRegister of members

Register of Trustees name / former name Service address Part of UK where live Nationality Business Dob

Register of Trustees’ residential addresses

Meetings: AGMAll members (proxy allowed)

14 day notice

Quorum = minimum of 2 members

Annual report & annual accounts

Written resolutions

Minutes to members

Meetings: Trustees

14 day notice

Quorum = minimum 1/3 + 1

Frequency = minimum 1 pa

Electronic meetings allowed

Written resolutions

Minutes to Trustees

Minutes

‘secretary’ = recommendation

Legal record of business of meeting

Minutes book

Retention during existence of Trust

NOT public documents Recommend AGM minutes available upon request

New Directions……? “The Government is genuinely committed to giving schools

greater freedoms. We trust teachers and headteachers to run their schools. We think headteachers know how to run their schools better than bureaucrats or politicians.” (DfE)

‘The indecent haste to rush all “outstanding schools” into academies is predictable but nonetheless disturbing for that’

(NUT)

‘The NGA is dismayed that the Academies Bill allows such a fundamental change in the designation of the school to be carried out without any requirement to consult local stakeholders’

What is the potential impact for governing bodies?

Further Support

• The CD Rom contains lots of useful information about setting up a Trust, including template letters for clerks.

If you need further support, just get in touch!• Sue Julian-Ottie s.julianottie@btopenworld.com• Simon Ward simonward@cuckoohall.enfield.sch.uk• Debbi Botham debbi.botham@essex.gov.uk

Our objectives were:At the end of this workshop, you will be better able to:

• understand what a Trust School is• advise your governing body about the process involved in

forming a Trustand• be aware of the differences in clerking a Trust Board• be aware of other models of governance and organisation

Thank you!