Memorandum submitted by National Governors'
Association
1. Introduction
1.1 The National Governors' Association
(NGA) is the national membership body for school governors. NGA
has several categories of membership comprising individual governors,
school governing bodies and independent local associations of
school governing bodies. NGA seeks to represent the interests
of all school governors and governing bodies in all phases and
types of school (including academies).
2. How to support and reinforce positive
behaviour in schools;
2.1 Governors are responsible for the strategic
direction of the school, including its ethos. They have specific
statutory duties under Section 88(2) of the Education and Inspections
Act 2006 (EIA 2006). These are to:
— make, and from time to time review, a
written statement of general principles to guide the headteacher
in determining measures to promote good behaviour; and
— notify the headteacher and give him or
her related guidance if the governing body wants the school's
behaviour policy to include particular measures or address particular
issues.
2.2 Governors are required by the Act to
consult pupils, parents and staff about the statement of general
principles.
2.3 The headteacher has a legal duty to
establish a behaviour policy and procedures, setting out the detailed
measures (rules, rewards sanctions and behaviour management strategies).
In determining the behaviour policy the headteacher must have
regard to the governing body's general statement of principles.
2.4 The NGA believes that it is right that
the governors set the over-arching ethos, but that the headteacher
who is the lead professional in the school is responsible for
determining the day to day rules and associated sanctions and
rewards which go hand in hand.
3. The nature and level of challenging behaviour
by pupils in schools, and the impact upon schools and their staff
3.1 The NGA does not dismiss the challenges
of poor behaviour, but would like to draw attention to Ofsted's
findings (Annual Report 2009) which found that behaviour was good
or outstanding in over 80% of schools. Poor behaviour impacts
on both staff and other pupils and does not provide an effective
environment for learning.
4. Links between attendance and behaviour
in schools
4.1 If there was a clear link between poor
attendance and poor behaviour then the NGA would expect that the
percentage of schools with good or outstanding behaviour would
be similar to those with good or outstanding attendance records.
This is not the case. Ofsted reported that just over 55% of schools
had good or outstanding attendance records—whereas as noted
above 80% of schools had good or outstanding behaviour.
5. The Government's proposals regarding teachers'
powers to search pupils, removal of the requirement for written
notice of detentions outside school hours, and the extent of teachers'
disciplinary powers, as announced by the Department on 7 July
5.1 The NGA supports the Government's proposed
announcements about powers for teachers; it is essential that
all staff, pupils and parents are clear about teachers' powers
in these areas.
September 2010
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