The Role of School Governing Bodies - Education Committee Contents


4  The relationship between the governing body and headteacher

Division of responsibilities

102.  Reflecting the majority opinion in our evidence, the DfE recognises that the relationship between the headteacher and chair of governors is critical to achieving proper school accountability.[173] As serving governor Mark Dawe explained:

From my experience one of the most vital factors is how a governor can challenge a Head if they don't have an understanding of what the key elements of running a school are. [...] A good Head will ensure that governors are given a clear and simple explanation of what is important and what the governors should be looking at/concerned about. A weaker head, or an overly strong head, may use the lack of governor knowledge to avoid answering the difficult questions or admitting to problems or using their experience and expertise to make the governors feel consumed and inadequate and thus afraid to challenge. In many cases the success of the governors is determined by the Head's approach.[174]

103.  In its 2011 report on school governance, Ofsted noted that "absolute clarity about the different roles and responsibilities of the headteacher and governors underpins the most effective governance".[175] However, evidence from many witnesses referred to increasing difficulties for schools in separating the strategic and operational functions of school leadership.[176] The NAHT commented that "disputes between heads and governors are a growing part of our casework".[177]

104.  Some witnesses suggested that there is a conflict of interest in having headteachers (and possibly staff[178]) as members of governing bodies, arguing that the role of headteacher ought to be fully accountable to, and separate from, the governing body. The Haberdashers' Company, for example, does not usually expect headteachers to be governors as the headteacher is viewed as the "Chief Executive" of a school.[179] However, other witnesses pointed out that—despite having possible vested interests in certain matters within the governing body's remit—headteachers and staff are best placed to advise on matters such as curriculum, therefore making their contribution important.[180]

105.  There was a general sense amongst witnesses that school governance was in need of "clarity of purpose, expressed through statutory responsibilities".[181] Several witnesses, including the NGA and the CBI, referred to regulations and other legislative requirements which confuse dividing lines between the responsibilities of governing bodies and headteachers.[182] The NGA, for example, referred to "a host of statutory responsibilities" and operational tasks that "can, and should" be delegated to headteachers, although governing bodies are often reluctant to do this.[183] Emma Knights explained that DfE has gone "a little way" to help clarify those policies which can be delegated. Nevertheless, she maintained that there remain responsibilities allocated to governing bodies which are "a nonsense"[184], such as governors being responsible for admissions in schools which are their own admissions authority. Ms Knights explained that "the DfE has accepted that is a nonsense, but annoyingly has not managed to get the regulations through Parliament to prevent us having to do that".[185]

106.  The evidence contains calls for Government to clarify these responsibilities in legislation. Evidence from Cambridge Education, Islington, suggested that, in the absence of greater clarification of the respective roles of governing bodies and headteachers, it will be unrealistic for Ofsted to judge governance within the overall category of "school leadership".[186] In oral evidence, the Minister said that the DfE would "beef-up our expectation of what a good chair looks like and what their role and responsibilities are".[187]

107.  We recommend that the Government review existing regulations and legislative requirements regarding the respective roles and responsibilities of governors and headteachers to ensure clarity regarding the proper division of strategic and operational functions in school leadership.

Training for headteachers and chairs of governors

108.  As Claire Collins, former chair of the National Governors' Association, observed, training for chairs of governors "may only have limited impact if headteachers do not acknowledge the role". This point was also made by headteacher Chris Hill.[188] The Association of School and College Leaders argued that there is "a constant need to ensure that all parties are well trained and understand their respective roles".[189] The need for both chairs and headteachers to be trained in order to work effectively together was considered important by the majority of witnesses.

109.  There is no requirement at present for either chairs or headteachers to undertake training. The new National Professional Qualification for Headship (NPQH) is non-mandatory, despite containing essential modules which contain training on the legal aspects of governance, the governing body's role in the strategic leadership of the school, and the headteacher's accountability to the governing body. Claire Collins advised that "the revised National Professional Qualification for Headship should play a part in ensuring that new heads are better equipped to work positively with the governing body", but the qualification "does not address how incumbent heads make the cultural shift towards more transparent and meaningful accountability".[190] This was echoed by headteacher Neil Calvert, who told us that

I rarely use my NPQH training on a day-to-day basis. One of the big learning points of becoming a new head several years ago was the importance of the relationship with the chair of governors. I am not sure that was ever covered in NPQH; that would certainly strengthen it.[191]

110.  When we asked the Minister whether there was a case for mandatory training on governance for all headteachers, he replied "it will not surprise you to hear us say that we are not rushing to be more centralist in our approach to education".[192] The DfE believes that "it is for governing bodies to review the [training and development] opportunities available in the market, and identify and select the most suitable to their needs and budget".[193]

111.  Training for chairs of governors is being prioritised by the DfE. The National College is running a leadership programme, alongside workshops to get chairs and headteachers working together.

112.  There is a compelling case for headteachers to undergo training on governance. We strongly support training for headteachers and chairs of governing bodies to assist with mutual understanding of each other's roles and responsibilities.

Appointment and terms of office of governors

113.  Given the importance of the chair of governors, the Academies Commission has recommended that the appointment process for chairs of governors should become more professional and rigorous in order to ensure the recruitment of high quality chairs who are able—amongst other things—to understand the role and responsibilities of being a governor; be prepared to engage in continuing professional development; and provide robust challenge to headteachers.[194] The Haberdashers' Company agreed, describing its "clear and rigorous attitude to the recruitment of governors to its schools",[195] which includes "rigorous selection and interviews, matching skills to the needs of the school" and formal induction processes and ongoing training.[196] This approach to recruitment has been very successful for Haberdashers, although they acknowledged that the Company has access to a ready pool of candidates as all Haberdasher Livery Company members are encouraged to become school governors.[197]

114.  However, in oral evidence, Anne Jackson of the DfE explained that Government's "clearer set of expectations around what it is that a chair needs to do", through mechanisms such as the new Ofsted framework, should ensure that careful consideration is made by governing bodies when appointing a chair.[198]

115.  Witnesses such as NCOGS also suggested that "there may be a case for the chair of governors' term of office being limited to six consecutive years [to] support succession planning and promote distributive leadership and effective governance". The Association of School and College Leaders agreed with this, advocating "fixed terms of office both for membership of governing bodies and for chairs, with limited opportunity for reappointment".[199] Several witnesses, including NCOGS, also highlighted difficulties in removing poor chairs from office. In oral evidence, Emma Knights of the National Governors Association acknowledged that "it has been quite difficult for governing bodies to address that issue",[200] whilst welcoming the Government's increased focus on the importance of good quality chairs through programmes such as the National College's Chairs' Development Programme. [201]

116.  The evidence also highlighted problems in removing poorly performing governors (other than the chair) as governors are on fixed terms of four years.[202] ASCL suggested that all good governing bodies should have "procedures that set out in what circumstances a governor may be removed from the governing body, and how".[203]

117.  In order to ensure that every governing body has an effective chair, the appointment process for chairs needs to be robust and accompanied by clear procedures for removing poorly performing chairs from office. We recommend that DfE review current procedures relating to the appointment, and the terms of office, of chairs of governors. We also recommend that governing bodies be given the power to remove poorly performing governors.


173   Ev 56, para 12 Back

174   Ev 20, para 7 Back

175   School Governance: Learning from the Best, Ofsted 2011 Back

176   See for example Ev 1106, para 3, Ev 80, para 4, Ev w6, para 1 Back

177   Ev w110, para 2 Back

178   See for example Ev 76, para 4.3-4 Back

179   Ev 97, para 6.4 Back

180   Ev w2, para 5 Back

181   Ev 98, para 1.2 Back

182   Ev w88, para 14 Back

183   Ev 70, para 1.4 Back

184   Q10 Back

185   Q10 Back

186   Ev 70, para 1.3 Back

187   Q246 Back

188   Q75 Back

189   Ev w21, para 18 Back

190   Ev w17, para 1.2 Back

191   Q76 (Neil Calvert) Back

192   Q244 Back

193   Ev 57, para 25 Back

194   Unleashing Greatness: Getting the best from an academised system, The Report of the Academies Commission, January 2013 Back

195   Ev 96, para 4.1 Back

196   Ev 97, para 7 Back

197   Ev 96, para 4.2 Back

198   Qq245-6 (Anne Jackson) Back

199   Ev w22-3, para 33 Back

200   Q1 (Emma Knights) Back

201   Q3 Back

202   Ev 72, para 4.5, Q21 Back

203   Ev w22-3, para 33 Back


 
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Prepared 4 July 2013