MOVING UP Day 2

1. MOVING UPDay 2 Governance Legal Framework, Finance and Admissions Section 48 Inspection Articulation

2. Introduction Welcome Liturgy Introduction

3. Welcome and introductions • Good morning Liturgy

4. Domestic arrangements • Coffee • Lunch • Tea • Toilets • Evacuate the building … • Attention to time frames

5. Expectations • Trust • Respect • Confidentiality • Listening • Giving equal time and space to others • Phones off please • Anything to add?

6. Programme • Facilitator introduction • File • Programme • Reflective Journal • Emphasis on reflection to guide learning • Learning points relevant to recruitment and selection process • Learning point relevant to stepping up to headship

7. Intended Outcomes • Explored and reflected on … • Applying for headship posts • Articulating your achievements verbally and in writing • Learned about … • Why Church schools are distinctive and how • Working within the requirements of the law • Aspects of governance in a Catholic VA / varieties of C of E schools • Basic legal frameworks that underpin the schools as Church schools • SIAS and Section 48 Inspections • How to present evidence of achievement through the recruitment and selection process • Moving through levels of articulation • Developed skills of … • Articulation • Analysis • Making judgements • Relating to and leading others • Managing self

8. Governance in Church Schools Roles Responsibilities

9. Fundamentals for Catholic schools Catholic schools are established to be part of the Church’s mission to place Christ and the teaching of the Catholic Church at the centre of the people’s lives Governing body is ultimately responsible for the school’s mission in passing on the Catholic faith the quality of education provided by the school the standards and outcomes achieved Governing body of the school is accountable to the Diocese who own the land and building and the LA who fund it the pupils, the parents and the Catholic and local communities it serves Ofsted / Section 48 Foundation governors should ensure their stewardship and the life of the school is faithful to Jesus Christ, Catholic teaching and Gospel values

10. Fundamentals for C of E schools Church of England schools ‘stand at the centre of the Church’s mission to the nation’ (The Way Ahead, 2001) to provide an excellent education within a Christian framework for all the children of their community Governing body is ultimately responsible for the school’s mission as defined in its Instrument of Governance the quality of education provided by the school the standards and outcomes achieved Governing body of the school is accountable to the Diocese which owns the land and buildings the Local Authority which funds it Ofsted / SIAS the pupils, the parents and the local community it serves Governance is a corporate enterprise within which, Foundation governors have responsibilities for the Christian ethos and links with the Church, as set out in the Instrument of Governance

11. Types of Church school in the state system Main types of C of E schools currently: Voluntary Aided – Foundation governors in the majority Voluntary Controlled – Foundation governors in the minority Foundation – previously ‘grant maintained’ schools, similar to VC Academies – predominantly secondary phase, separate legislation Main types of Catholic school currently Voluntary Aided – Foundation governors in the majority Academies – predominantly secondary phase, separate legislation

12. Mission gives rise to visions Governors work with the headteacher to agree a ‘vision for the preferred future’ C of E - rooted in the Christian beliefs underpinning the school’s Christian ethos Catholic - rooted in the person and life of Christ and the social and moral teachings of the Catholic Church Who will the children become? Where does the school need to be? Where do we want to be? How do we educate? What will be different for children? To ensure that agreed visions are translated into reality Plans and policies, which reflect the vision, are implemented and bring about improvement The distinctiveness as a [Catholic] [C of E] school is ensured and developed New initiatives are considered and, if necessary, visions are adjusted accordingly Catholic schools: Formation and education C of E schools: Distinctive and Inclusive

13. How? 1. Set the strategic direction In order to Achieve the mission - act with moral purpose Secure the Catholic character / develop the distinctive Christian character of the school Raise standards Ensure continuous school improvement By establishing a STRATEGIC FRAMEWORK for working Set aims and objectives Agree policies Agree priorities Agree targets Agree plans Monitor implementation of those plans Measure progress and evaluate impact of plans Integrated Explicitly related to the fact that this is a Church school

14. How? 2. Hold the school to account Hold headteacher to account On behalf of all stakeholders – ‘with a legitimate interest’ Diocesan Trustees LA Ofsted / Section 48 inspection Pupils, parents, staff, school community, parish wider community Focus Catholic life Overall effectiveness and capacity to improve Standards and achievement / ECM / SMSC Need clear lines of accountability and reporting Land and buildings owned by the diocese School is maintained by LA

15. How? 3. Monitor and evaluate performance Act as ‘critical friend’ Balance of support and challenge - public and private Questioning, seeking information, improving proposals, achieving the best solutions Monitoring, Evaluating and Reviewing policies, procedures and performance Strategic framework in place, working … and making a difference Rooted in self-evaluation of impact based on evidence of success - SEFs Results in knowing what is working, what isn’t, what needs to be done Headteacher reporting to Governors supported by other leaders

16. Role of the headteacher Governors work with and through the headteacher as ‘lead professional’ to secure, develop and sustain its distinctiveness – Catholic or Christian character This works best if there is a: Committee structure, link governors - effectively constituted and delegation of responsibilities Annual cycle of scheduled work - effective delegation of work Code of Practice - effective organisation and management Headteacher* is accountable to governing body for all aspects of the Christian / Catholic character of the school together with: School’s performance – standards achieved Advising on and implementing the agreed strategic framework Leadership, internal organisation, management and control of school Reporting progress and sharing information with governors to build confidence * Headteacher is employed by GB in a VA school

17. Relationship with LA Governing body responsible for raising standards by Setting strategic direction Holding school to account Monitoring and evaluating school performance LA maintaining authority Intervention in inverse proportion to success Maximum delegation of funding and responsibility Holds Governing Body to account – have powers to intervene Governors accountable to LA For the way the school is run (…‘causing concern’) Acting in ways detrimental to performance of pupils Standards agenda IS compatible with Christian ethos Never ignore LA judgements and advice An excellent education within a Christian framework

18. Relationship with a Catholic Diocese Governors accountable to Diocesan Trustees for school as a Catholic school Ensure it fulfils its Mission Run in accordance with the Trust Deed Follow Diocesan policy and use the legal powers of the Governing Body to ensure and sustain Catholic ethos Staff appointments Admissions Religious Education / Collective Worship / Sex Ed Premises Terms / holiday dates Diocesan Schools Commission is the agent of the Trustees

19. Relationship with the Anglican Diocese Governors are accountable to the Diocesan Board of Education (DBE) Reporting to the DBE via GB minutes Ensuring that the school fulfils its Mission Running the school in accordance with its Trust Deed Admissions policies / appeals procedures in VA schools In VA schools, stewardship of Diocesan buildings / finance Supportive / advisory relationship, (varies between Dioceses) DBE advisors for RE, CW and spirituality / phase advisors / buildings / school improvement / succession planning etc Training programmes DBE involvement as advisors with appointments / employment matters Everything else!

20. GovernanceFeel … believe … know … tell … convince … inspire • What do you know about the governance of [Catholic] [C of E] schools rooted in civil and church law? • What knowledge underpins your beliefs, words and actions? • What can you tell governors about your understandings of governance in a [Catholic] [C of E] school? • What is your ability to put your knowledge into words? • How can you convince governors that as lead professional you are able to advise governors in a [Catholic] [C of E] school? • What is your ability to plan strategically for action? • How can you inspire governors that you would succeed in the role as professional adviser to the governing body of a [Catholic] [C of E] school? • What evidence can you provide to demonstrate you have been successful at implementing strategic plans … and can apply that learning in their school?

21. Task: GovernanceConvincing you can move up to headship • In small groups you are going to practice answering questions in a panel interview setting [for about 20 minutes] • You will work with a list of questions • You will take it in turns to answer a question • Then the rest of the group will ‘chip in’ to coach each other in a supportive way • The idea is to add value to the answers

22. Reflection Any burning issues? Quiet time … Reflective Journal Complete section “Governance” Coffee …

23. Legal Framework, Finance and Admissions in a Catholic School Legal framework Admissions

24. Finance • Before we start …………………… • Watch this space!

25. Education in Catholic VA schools • Education is rooted in 1944 Education Act which established the ‘dual system’ • Provision of schools both by the state (though LA) and by voluntary organisations • Separate but collaborating bodies together provide education for all children • Education is bound by both civil law and canon law relating to: • Ownership and use of buildings, employment of staff, activities in schools, curriculum • Education is provided in schools as organisations controlled under canon law by the local Bishop (a world-wide legal system) • It is by the Bishop’s authority that schools can call themselves ‘Catholic’ • Bishop controls all Catholic schools in the diocese and diocesan education policy – he has ‘ecclesial authority’ • Education is provided in buildings owned by the Diocese • The Diocesan Trustees are the ‘owners’ of the school (includes Bishop) • The Catholic Church pays a % of all capital works in exchange for certain rights that secure Catholicity and distinctiveness, hence ‘voluntary aided’ (e.g. head = practising Catholic) • The Diocesan Schools Commission acts as agent for the Diocesan Trustees in all matters

26. Trust and Trust Deed • Schools operate under a Trust Deed • In (most) Catholic dioceses probably the one ‘Diocesan Trust Deed’ • Trust Deed underpins the ethos statement in the Instrument of Government • EXAMPLE: Statement in the Instrument of Government (Archdiocese of Birmingham) • “The school is founded by and is part of the Catholic Church. The school is to be conducted as a Catholic School in accordance with Latin Rite Canon Law and the teachings of the Catholic Church, and in accordance with the Trust Deed of the Archdiocese of Birmingham and in particular: • a. Religious education is to be in accordance with the teachings, doctrines, discipline, general and particular norms of the Catholic Church • b. Religious worship is to be in accordance with the rites, practices, discipline and liturgical norms of the Catholic Church • c. At all times the school is to serve as a witness to the Catholic Faith in Our Lord Jesus Christ” • Governing Body runs school in accordance with provisions of civil and canon law • Foundation Governors appointed by the Bishop are in the majority • Bishop can have confidence that he retains control of the school and can secure its Catholic character through ability to appoint and remove foundation governors

27. Powers and duties • Costs of providing the education is paid for by public funds that comes from the Local Authority (unless an Academy) • School’s delegated budget covers: staffing costs, curriculum costs, equipment, resources, training and development, etc • Local Authority has the statutory duty to hold the Governing Body to account for the overall effectiveness of the school and the quality of education provided • Has the right to intervene if the school is not fulfilling its legal obligations • Governing Body in a Catholic VA school is the ‘authority’ and is able to secure the Catholic character of the school because in law has powers to: • Appoint all staff • Determine pupil admissions • The nature of RE and collective worship • Content of sex education programmes • Control the use of the premises • Decide terms and holidays • Governing Body largely fulfils its statutory functions through the staff it employs and has the right to discriminate in favour of practising Catholics

28. Securing the Catholic character • Key aspects of a Catholic Voluntary Aided school that secure its Catholic character • Diocese owns the buildings • Bishop appoints Foundation Governors (in the majority on the Governing Body) • RE and worship is in accordance with the teaching, doctrines, rites and practices and the general and particular norms of the Catholic Church • Sex education in accordance with the teachings of the Church • Staff appointments • The headteacher, deputy headteacher and RE co-ordinator must be practising Catholics and other staff can be given preference as practising Catholics • Preference in appointing all staff may be given to practising Catholics in accordance with education employment law • Admissions – in accordance with diocesan model policy • The Catholic Church regards these aspects as very important in securing the future of Catholic education in the schools owned by the individual dioceses

29. Admissions - Legislative background • School Standards and Framework Act 1998 • School Admissions Code www.dcsf.gov.uk/sacode • Statutory guidance on admissions arrangements: policy and practice: • Wording • Must / must not – supported by legislation – legally required • Should / should not – good practice so must have good reason not to follow guidance • School Admission Appeals Code • Statutory guidance on admission appeals covers: • Parents/carers rights • How to organise an appeal • Terms of reference for appeal panel members and clerk

30. The Admission Forum • Local Authorities • statutory responsibility for organising school place provision in their area for all children who need (or will need) a school place • Admissions authorities • Local Authorities (LA / VC schools) and Governing Bodies (VA schools) • Each LA has an Admission Forum • Main focus is to consider the fairness of arrangements in their local context • Admission Forums provide a vehicle for admission authorities and other key interested parties to: • Discuss the effectiveness of local admission arrangements • Consider how to deal with difficult admission issues • Admission authorities of all maintained schools and Academies, when exercising their functions, must have regard to any advice offered by the Forum

31. Admissions authorities – LAs and GBs • All school admission authorities (LAs and GBs) must ensure: • The determined admission arrangements, for which they are responsible, comply with admissions law and are in accordance with the provisions of the Code • The GB are responsible for making decisions on admissions to school • Need clear criteria that determines the admission arrangements i.e. admission policy with clear criteria … Diocesan model arrangements in place

32. School Admission Arrangements (Policy) • Governing Bodies must consider the school admission arrangements every year • Process must start in the Autumn Term approximately 2 years before the intake • If governing body wants to make changes, other admission authorities must be consulted on any changes to the arrangements for an 8 week period • Determined admission arrangements / policies must be available for scrutiny by any other admission authority • Objections to determined admission arrangements / policies can be made to the Schools Adjudicator • An individual cannot make decisions on determination of admissions • The governing body or the governors’ admissions committee must make the decision

33. Schools Adjudicator • Key role in ensuring a fair admissions system by: • Enforcing statutory requirements including the mandatory provisions of the Code • Duty to consider legality of admissions referred from: • LA • Secretary of State • Other means • Mustdecide whether the admission arrangements conform or not • Can amend or replace entirely admission arrangements • Must be revised immediately to give effect to the Adjudicator’s decision

34. Task: AdmissionsConvincing you can move up to headship • In small groups you are going to learn more about admissions in practice [for about 20 minutes] • As a whole group you will consider some individual questions • The facilitator will address each question in turn to the whole group • You will all give your views and reasoning • Then the facilitator will lead a discussion on the matter in question • The idea is to add value to what you might feel, believe and know

35. Reflection • Any burning issues? • Quiet time … • Reflective Journal • Complete section “Legal Framework, Finance and Admissions” Lunch …

36. Legal Framework, Finance and Admissions in a Church of England School Legal framework Admissions

37. Finance • Before we start …………………… • Watch this space!

38. Education in Church of England schools Education in C of E schools is rooted in 1944 Education Act which established the ‘dual system’ Provision of schools both by the state (though LA) and by voluntary organisations Separate but collaborating bodies together provide education for all children Education in C of E schools meets all state requirements but is taught in a distinctively Christian context Church of England Schools are mainly either Voluntary Aided (VA) or Voluntary Controlled (VC). A few are Foundation or Academy VA: Foundation Governors in the majority. Governing Body = employer and Admissions Authority VC : Foundation Governors in the minority. Local Authority = employer and Admissions Authority Education in a C of E school is bound by both civil law and canon law relating to: Ownership and use of buildings, employment of staff, activities in schools, curriculum Education in a C of E school is provided in buildings owned by the Diocese The Trustees are the ‘owners’ of the school. Trustees are usually the Vicar & Church Wardens In a Voluntary Controlled or Foundation School the Local Authority maintain the buildings In a VA School the Governing Body is responsible for paying 10% of all capital works in exchange for certain rights that secure Christian distinctiveness The Diocesan Board of Education (DBE) acts as agent for the Trustees in all matters

39. Trust and Trust Deed C of E schools operate under a Trust Deed Most Church of England dioceses usually hold a separate Trust Deed for each school The Trust Deed underpins the ethos statement in the Instrument of Government EXAMPLE: Statement in the Instrument of Government (Diocese of Coventry) “Recognising its historic foundation, the school will preserve and develop its religious character in accordance with the principles of the Church of England and in partnership with the Church at parish and diocesan level. The school aims to serve its community by providing an education of the highest quality within the context of Christian belief and practice. It encourages an understanding of the meaning and significance of faith and promotes Christian values through the experience it offers to all its pupils.” The DBE can secure a C of E school’s distinctive Christian character through its responsibility for appointing and / or removing foundation governors

40. Powers and duties The cost of providing education in a C of E school is paid for by funding from central Government, devolved through the Local Authority (except in an Academy) School’s delegated budget covers: staffing costs, curriculum costs, equipment, resources, training and development, etc The Local Authority therefore has the statutory duty to hold the Governing Body to account for the overall effectiveness of the school and the quality of education provided The LA has the right to intervene if the school is not fulfilling its legal obligations A C of E school’s Governing Body largely fulfils its statutory functions through the staff it employs and has the right to seek to appoint staff who have an understanding of and willingness to promote Christian values thus developing the distinctive Christian character of the school

41. Key aspects of a Church of England school The Church of England regards these aspects as very important in maintaining distinctively Christian education in its schools: The key aspects of a C of E school that secures its Christian character are: The diocese owns the buildings DBE appoints Foundation Governors ( a majority in VA schools) Staff appointments Preference in appointing all staff may be given to practising Christians in accordance with education employment law Admissions In accordance with the diocesan model policy RE and collective worship are in accordance with the teaching, doctrines, rites and practices of the Church of England and in accordance with the Locally Agreed Syllabus (developed by the SACRE)

42. Admissions - Legislative background School Standards and Framework Act 1998 School Admissions Code www.dcsf.gov.uk/sacode Statutory guidance on admissions arrangements: policy and practice: Wording Must / must not – supported by legislation – legally required Should / should not – good practice so must have good reason not to follow guidance School Admission Appeals Code Statutory guidance on admission appeals covers: Parents/carers rights How to organise an appeal Terms of reference for appeal panel members and clerk

43. The Admission Forum Local Authorities statutory responsibility for organising school place provision in their area for all children who need (or will need) a school place Admissions authorities Local Authorities and Governing Bodies Each LA has an Admission Forum Their main focus is to consider the fairness of arrangements in their local context Admission Forums provide a vehicle for admission authorities and other key interested parties to: Discuss the effectiveness of local admission arrangements Consider how to deal with difficult admission issues Admission authorities of all maintained schools and Academies, when exercising their functions, must have regard to any advice offered by the Forum LAs may establish a joint forum with one or more other LAs to consider and advise on admissions in more than one authority area

44. Admissions authorities – LAs and GBs All school admission authorities must ensure: The determined admission arrangements, for which they are responsible, comply with admissions law and are in accordance with the provisions of this Code Decisions on Admissions to school Need clear criteria that determines the admission arrangements

45. School Admission Arrangements (Policy) Governing Bodies must consider the school admission arrangements every year Process must start in the Autumn Term approximately 2 years before the intake If governing body wants to make changes, other admission authorities must be consulted for an 8 week period Determined admission arrangements / policies must be available for scrutiny Objections to determined admission arrangements / policies can be made to the Schools Adjudicator An individual cannot make decisions on determination of admissions The governing body or admissions committee must make the decision

46. Schools Adjudicator Key role in ensuring a fair admissions system by: Enforcing statutory requirements including the mandatory provisions of the Code Duty to consider legality of admissions referred from: LA Secretary of State Other means Mustdecide whether they conform or not Can amend or replace entirely admission arrangements Must be revised immediately to give effect to the Adjudicator’s decision

47. Task: AdmissionsConvincing you can move up to headship • In small groups you are going to learn more about admissions in practice [for about 20 minutes] • As a whole group you will consider some individual questions • The facilitator will address each question in turn to the whole group • You will all give your views and reasoning • Then the facilitator will lead a discussion on the matter in question • The idea is to add value to what you might feel, believe and know

48. Reflection Any burning issues? Quiet time … Reflective Journal Complete section “Legal Framework, Finance and Admissions” Lunch …

49. Section 48 Inspection in a Catholic school Process

50. Mission and moral purpose • Catholic parents: have the duty to educate their children in their faith and the Church has a right and duty to provide schools for this purpose • Example: A Diocesan RE Department: “Our mission is to share in the privilege and responsibility of handing on the Catholic Faith with all who are involved in the religious education of young” • Teachers in Catholic schools:“Teaching has an extraordinary moral depth and is one of our most excellent and creative activities. For the teacher does not write on inanimate material, but on the very spirits of human beings.” • (The Catholic School on the Threshold of the Third Millennium: 1998: n.19) • Catholic education:“… Through you, as through a clear window on a sunny day, students must come to see and know the richness and joy of a life lived in accordance with Christ’s teaching, in response to his challenging demands. To teach means not only to impact what we know, but also to reveal who we are by living what we believe. It is this latter lesson which tends to last the longest.”JP11