Academies are all-ability, state-funded schools. They have sponsors from a wide range of backgrounds, including universities, high performing schools and colleges, the business community, charities and faith communities. Sponsors appoint the majority of governors to the governing body, which agrees the academies admissions arrangements with the Department for Children, Schools and Families.
Governance
Academies are set up as companies limited by guarantee with charitable status (see "What is the role of the academy trust?"). Each Academy will be under the control of its governing body, which will have a clearly defined strategic role in shaping the success of the Academy.
The DCSF does not prescribe the numbers of governors on an Academy governing body, though it is usual for an Academy to have around 13 governors. The Sponsor is able to appoint the majority of trustees (governors), typically around seven out of thirteen governors, and this must be agreed with the DCSF.
Each Academy governing body is also made up of the principal, in an ex-officio capacity, a local authority representative, and at least one elected parent representative. Most Academies also have a teacher governor (either elected or appointed), a staff governor (either elected or appointed) and many include community representatives. Where an Academy is an extended school, they may consider having representatives from the various joined-up services on the governing body. The governing body can also appoint co-opted governors. All members of an Academy governing body are appointed on the basis of the contribution that they will make to the school and have a legal duty to act only in the interest of the Academy.
The governing body of an Academy is accountable to the Secretary of State through the requirements of a Funding Agreement - a legally binding contract. The Funding Agreement requires the governing body to publish procedures of its meetings. As charitable companies, Academies must also prepare and file annual accounts with the Charity Commission, prepare an annual report for the Charity Commissioners, and ensure that their accounts are independently audited.
The Governing Body is constituted under the Academy's Memorandum and Articles of Association and the governing body elect one of their number as the Chair of Governors. Unlike maintained schools, governance procedures are not prescribed in primary or secondary legislation. Rather this is set down in model Memorandum and Articles laid down by the Department as part of the Funding Agreement. These memoranda can be obtained from Companies House (see www.companieshouse.gov.uk for contact details).
What is different about Academy governing bodies and why is there a difference?
Although there are many similarities between the governing bodies of good LA maintained schools and Academies, there are also important differences. As independent schools, Academies are set up as charitable companies to give sponsors and governors broader scope and responsibility for ethos, strategic direction and challenge in order to tackle the entrenched low standards in what are some of the most deprived areas of the country. In Academies, Governors have responsibility for:
Employment of Academy staff
The appointment of the Principal
Administration of the Academy's finances
Authorisation of any appointments or changes to terms and conditions
How will local people be able to influence or help with the development of the Academy once it is operational?
Academy Governors are bound by law to always act in the best interest of the Academy, its pupils and the local community. Academies must set out their proposals for working with other schools and the wider community in their annual development plan. Academies are accountable to local parents in the same way as maintained schools. They must take part in local admissions forums.
Once the Secretary of State has given approval for an Academy, an Academy Trust is formed which will be responsible for the building and running of the Academy and has control over the land and other assets.
The Trust is a charitable company. Members of this Company (Trust) include the sponsor, the chair of the governing body, other members and a representative of the Secretary of State. The Members of the Trust have limited liability up to £10 in the event of financial difficulty. They delegate the management of the school to the governors (Directors).
How will the new staff of the Academy be appointed and where will they come from?
In most cases we would expect that staff would transfer across from a predecessor school under the Transfer of Undertakings Protection of Employment Regulations 1981. This protects the existing employment terms and conditions of staff that transfer.
Academies governing bodies employ all Academy staff. The governing body is responsible for agreeing levels of pay conditions of service with its employees as well as policies for staffing structure, career development, discipline and performance management.
Academies are required by their Funding Agreements to be at the heart of their local community. Like other state-funded schools, academies have stakeholder governors. They all have a parent governor, a local authority appointed governor and the academy Principal in an ex-officio capacity. Academies may also have a teacher governor (either elected or appointed); a staff governor (either elected or appointed); and may include community representatives.
Whilst Academies are only obliged to appoint 1 parent governor, most elect 2 or more. The flexibilities in Academies arrangements mean that Academies have the potential to appoint more parent governors if they feel it to be appropriate.
Local Authorities are represented on Academy governing bodies with one or more governors and information on Academies is available for local councillors to be able to advise parents. Parents are also represented and Academies are accountable to local parents in the same way as maintained schools.
Parents can influence Academies in different ways. For example The Academy at Peckham, has increased attendance at parent's evenings from 40% to 80% and the Academy now provides two parents evenings for each pupil per year.
