Clerks’ Conference- June 2010 Trust Schools

1. Clerks’ Conference- June 2010Trust Schools Objectives 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 Trust and • be aware of the differences in clerking a Trust Board • be aware of other models of governance and organisation

2. 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

3. What does this mean for the clerk? During decision-making period Post Trust formation Clerking a Trust Board

4. Decision-making period • Minuting decisions and underlying reasons • Key decisions on agenda at right time • Information provision • Procedural advice

5. Key decision points • Initial 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

6. Is that your final answer? Resolution to Approve Trust proposal Consider / minute responses to formal consultation Consider / minute statutory tests have been met

7. Synchronize and standardize! Governing Body Meetings Resolutions

8. Information • Regular updates • Steering Group Communication • Trust Schools Toolkit • Governors’ Guide to Trust Schools • SSAT and FASNA websites • SSAT meetings / seminars

9. Us and Them Governors meet partners Keep staff informed

10. Procedural Advice • Notify LA that school is investigating change of status • Consultation • Consult all relevant stakeholders • Formal proposal includes all necessary elements: • Rationale • List of written responses received • List who has been consulted • Statement on improved attainment

11. 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

12. Clerks’ role in Post Trust Formation • Procedural advice • Agenda setting & minuting decisions

13. 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

14. Procedural Advice contd. • Notify rating authority • Join FASNA • Consider purchasing HR and H&S services • Implement H & S obligations

15. Agendas and Minutes • Reconstitute • Nominate candidates for Trust Governors • New Instrument of Government • Appoint Trustee(s)

16. Constitutions of Trust Schools In most cases, the governing body will include a minority of foundation governors appointed by the Trustees: Parents: at least one third Authority: at least 1 and no more than one fifth Staff (incl HT): at least 2 and no more than one third Community: at least one tenth Foundation: at least 2 and no more than 45% (appointed by the Trustees)

17. 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

18. Who can be a Trustee? Disqualifications: • Anyone disqualified from acting as a company director or charity trustee • Anyone with criminal conviction • Anyone barred from working with children • Anyone under 18 years • Anyone detained under Mental Health Act • Anyone employed by member of Trust (except Head Teacher)

19. Role of Trustee • Trustee individually responsible for all legal and financial aspects of Trust. • Not a school’s representative • Critical friend of Trust

20. 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’

21. 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

22. What does a Trust need? • Memorandum and Articles of Association • Registration with Charity Commission & Companies House • Registered Office • Chair • ‘Secretary’ • Policies

23. Registers • Register of members • Register of Trustees • name / former name • Service address • Part of UK where live • Nationality • Business • Dob • Register of Trustees’ residential addresses

24. Meetings: AGM • All members (proxy allowed) • 14 day notice • Quorum = minimum of 2 members • Annual report & annual accounts • Written resolutions • Minutes to members

25. Meetings: Trustees • 14 day notice • Quorum = minimum 1/3 + 1 • Frequency = minimum 1 pa • Electronic meetings allowed • Written resolutions • Minutes to Trustees

26. 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

27. 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?

28. 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

29. 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 Trust and • be aware of the differences in clerking a Trust Board • be aware of other models of governance and organisation Thank you!