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 thatdespite having
possible vested interests in certain matters within the governing
body's remitheadteachers 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 ableamongst other thingsto 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
|