School Governance

Nick Gibb Excerpts

Tuesday 1st February 2011 Westminster Hall

[The Minister of State, Department for Education (Mr Nick Gibb)]

It is a pleasure to serve under your chairmanship, Mr Dobbin. I congratulate my hon. Friend the Member for South Swindon (Mr Buckland) on securing this important debate on school governance. I know that the subject is close to his heart because he served as a school governor for four years prior to his election to the House. I join the hon. Member for Hartlepool (Mr Wright) in pointing out the high quality of the debate and of the contributions of my hon. Friends the Members for Hexham (Guy Opperman), for North Swindon (Justin Tomlinson), for Brigg and Goole (Andrew Percy) and for Wirral West (Esther McVey).

There are some 300,000 school governors, which makes them one of the largest volunteer forces in the country. School governors work in their spare time to promote school improvement and to support head teachers and teachers in their work. They are an important part of the big society agenda and play a vital civic role. In the words of my hon. Friends the Members for South Swindon and for Wirral West, they play a pivotal role in our schools system. Every one of the 300,000 school governors deserves our thanks for their work and time and, more importantly, for taking on such important responsibilities. We all know how difficult it is to find people locally to take on such responsibilities. It is easy to get volunteers, but there is often a poor show of hands when it comes to taking on responsibilities. We owe a huge debt of thanks to those who are prepared to take on such a role.

My hon. Friend the Member for Brigg and Goole is right to question whether we are doing things in the right way. Our White Paper, “The Importance of Teaching”, which was referred to by the hon. Member for Hartlepool, was published in November and sets out the coalition Government’s intention to increase freedom and autonomy for schools and to remove unnecessary duties and burdens. It also states that we should allow schools to choose for themselves how best to develop, whether by acquiring academy status, by becoming multi-school trusts and federations—again, those were referred to by the hon. Gentleman—or by continued development as a maintained school. All that is to be underpinned by clear accountability and strong and effective governance.

As we work through our programme of reform, those freedoms need to be extended to school governors, so that they are given the flexibilities, support and recognition they deserve. We know that the quality of school governance has a significant impact on how well schools perform. Good governance and leadership at school level are key drivers in achieving better educational outcomes. Academies provide examples of smaller, high-powered governing bodies that have demonstrated rapid improvements in standards. The arrangements for academy governance allow for greater flexibility in the number and category of governors than in maintained schools, while ensuring that essential groups, such as parents, are always represented. They are charities, so it would not be appropriate or right for us to prescribe the exact composition and size of their governing body. That flexibility is a popular concept and there are many differing governance arrangements in converting schools. They are now able to constitute their governing body to suit their school and local needs.

As my hon. Friend the Member for South Swindon will recall, maintained school governing bodies, which include foundation schools, are constituted under the stakeholder model. That model prescribes representation from groups with an interest in the school: for example, parents, staff—including the head teacher—the community, the local authority and the foundation or trust, where schools have one. The model goes on to prescribe the representation from each group.

We want to make it easier for schools to adopt governance models that work for them and which clearly hold the school to account. That is why the Education Bill, introduced by my right hon. Friend the Secretary of State for Education last Wednesday, includes provision to free up the constitution of maintained school governing bodies. We are legislating to provide that governing bodies will mirror the academies model and be required to have at least two elected parent governors and the head teacher, unless the head teacher chooses not to take up his position as a governor. Then, as the hon. Member for Hartlepool mentioned, they should be able to attend the governing body as the head teacher, but not as a full member of the governing body.

The church or foundation will still be able to appoint the majority of the governing body in voluntary aided and foundation schools. Other governors, such as authority governors, community governors, staff governors, partnership governors and associate members will be appointed at the discretion of the governing body, and in numbers determined by them. Academy governing bodies have built-in safeguards to prevent particular categories of governor from dominating the governing body; for example, staff governors cannot exceed one third of the total membership, and charity law prevents those connected with local authorities from having more than 20% of the membership. We will consider the effect of such restrictions in maintained schools, but we want to move to a less prescriptive model overall.

[Mr Iain Wright]

I apologise to the Minister if he is coming on to this point, but will he respond to an issue raised about the constitution of the governing body? The hon. Member for Wirral West (Esther McVey) made important points about how to identify failure in school governance and what will constitute failure. What will be the mechanisms by which a local authority or some other body—perhaps the Secretary of State—can determine change within the governing body?

--- Later in debate ---

[Mr Gibb]

If the hon. Gentleman will be patient, I will come to the detailed questions raised by my hon. Friend the Member for Wirral West shortly.

We do not intend to prescribe any particular model, which is the overarching policy direction, as we believe that governing bodies are best placed to determine what will work best for them locally. It is important to point out that the changes will be permissive rather than mandatory, and that there is no intention to force any change on governing bodies. We will therefore encourage governing bodies to recruit more governors on a skills basis and carry out skills audits to inform that task. Those were also the conclusions of the working group on governance referred to by my hon. Friend the Member for South Swindon and the hon. Member for Hartlepool. Its report recommended clear accountability and felt that size was not the key issue for a governing body; a more important issue for the report was the skills of the governing body. It recommended that governing bodies should be free to recruit by relaxing the stakeholder model, which is precisely what the Government are introducing in the Education Bill.

We know that volunteers from a business background bring a valuable range of skills from the workplace to governing bodies, and are more likely to take on important responsibilities such as chairing committees or, indeed, chairing the governing body. To that end, we will continue to support the School Governors’ One-Stop Shop to recruit and place governor volunteers from the business world in schools with vacancies. That has been very successful: by the end of December it had recruited nearly 11,000 governors and placed them on to governing bodies with vacancies. In addition, the Education and Employers Taskforce is working with CEOs of large businesses to develop partnerships between schools, colleges and employers. It encourages senior business leaders to visit schools, and encourages staff with the right skills and experience to become school governors. In fact, I recently joined Sir Terry Leahy in a school in Hertfordshire during the “visit our schools and colleges” week.

Research tells us that where governing bodies are effective, they take a strategic role, as my hon. Friend the Member for South Swindon pointed out, in guiding and supporting the school’s work and challenging further improvement. They should not get drawn into the day-to-day management that is rightly the province of the head teacher and senior leadership team. In the White Paper, “The Importance of Teaching”, we set out a series of 10 key questions for governors to ask to assist them in setting their schools’ strategic direction and holding them to account, such as, “How are we going to raise standards? Have we got the right staff and the right development and reward arrangements? Do we have a sound financial strategy to get good value for money, and robust procurement and financial systems? Does the curriculum provide for and stretch all pupils?” My hon. Friend is right to say that the committee-based decision-making structure is appropriate for our governing bodies. Governing bodies already have the freedom to bring people with particular expertise on to committees as associate members, and they can commission work from people outside the governing bodies.

My hon. Friend referred to the issue of complaints, on which I want briefly to touch. Parents should be able to send their child to school confident that they are receiving the highest possible standard of education. Any problems should be dealt with by professionals in an appropriate and timely manner. There must be mechanisms in place for parents to express their concerns, secure in the knowledge that they will be dealt with quickly, effectively and fairly by all involved. Since September 2003, all schools have been required to have a complaints procedure, and that procedure has to be published. Generally, schools follow a three-part complaints procedure: investigation of a complaint by a staff member; investigation by the head teacher, or by the chair of the governors if it is about the head teacher; and a meeting of a panel of governors where the complaint has still not been resolved. Governing bodies must act in the interests of the children in their school and must rigorously ensure that those who serve on complaints panels conduct a fair and unprejudiced investigation. Challenge is part of the governor’s role, and a pattern of complaints can inform them of incipient problems in the school’s operation, in the same way that correspondence with an MP can alert us to an impending big political issue concerning how our country is run.

As my hon. Friend the Member for Brigg and Goole brought out in his speech, in recent years schools have increasingly chosen to collaborate with other schools to achieve more for children and young people. Partnerships have taken a variety of forms, including local area clusters, as well as more formalised arrangements involving shared governance through federation, shared trusts and shared leadership, with heads taking responsibility for leading more than one school. The benefits of those partnerships are clear in extending the breadth and quality of provision; responding better to pupils’ wider needs; widening the impact of the strongest school leaders, teachers and governors; widening opportunities for collaborative professional development; and delivering greater value for money. There is not a single, best collaborative model; instead, schools can consider a variety of models and adapt them to suit local needs and circumstances.

[Mr Wright]

On that point and my earlier remarks about a move away from partnership and collaboration in the school family towards schools going it alone, how does the Minister reconcile his comments with the provisions in the Education Bill, most notably clauses 30 and 31, where the duty to co-operate with the local authority and the duty to have regard to the children and young people’s plan are abolished?

[Mr Gibb]

Legislation is not necessary to require people to co-operate. The best co-operation is engaged in because professionals feel it is the best approach for their school. We need to move away—the Government are moving away—from that tick-box, prescriptive and centralised approach to such issues. We believe that the best partnerships and collaborative arrangements are those that head teachers and governing bodies enter into voluntarily because they know they are in the best interests of their school. We do not want a school to feel bound to find a partner—in a behaviour partnership, for example—simply to fulfil a statutory requirement and to ensure that it has a box ticked when the Ofsted inspection comes.

My right hon. Friend the Secretary of State is always talking about collaboration between professional peers in our school system as a key to school improvement, which is why we are tripling the number of national and local leaders in education. Peer-to-peer mentoring is the key. Professionals working together and spreading best practice is the better way to ensure improvement in our school system, rather than a series of prescriptive statutory requirements for schools and bodies to enter into partnerships with other bodies.

I turn to the general context surrounding the important points that my hon. Friend the Member for Wirral West raised about Calday Grange grammar school. She asked about resolving disputes between head teachers and the governors. All governing bodies have grievance procedures which they must follow to resolve complaints. She then asked how the situation can be resolved if the head teacher is ill, which is the case in this instance. The governing body is the employer, and it has to follow grievance procedures in cases of challenge over employment law. It needs to allow the head teacher to present his case, but he cannot do that, of course, if he is ill. That does not provide a solution but presents the legal framework around the current position.

My hon. Friend asked whether parents should be kept fully informed about what is happening during a dispute. Unfortunately, that is not always possible due to the need for confidentiality in some disputes. She asked whether parents should be allowed to decide the way forward. The answer to that is no, unfortunately. Parental views are represented on the governing body, but the governing body itself is responsible for the school. Of course, a responsible governing body should take parents’ views into account and expedite the resolution of matters, particularly when they are of enormous concern to the parents.

My hon. Friend asked when a governing body can be removed. There are three circumstances in which that can happen: when Ofsted has put the school in special measures; when Ofsted has found that the school requires significant improvement; or when the local authority has issued a warning notice and the governing body has failed to comply with it, or failed to comply satisfactorily. I know that she is concerned about the issue. Lord Hill of Oareford and I have corresponded with the governing body and the local authority about the matter, and we would be happy to discuss it with her further, if she would find that helpful.

In conclusion, I want to take the opportunity once again to pay tribute to our school governors, who are the unsung heroes and heroines of our education system. We should thank them for their work, and I am pleased to do that. I am sure that the increased freedom and autonomy for governing bodies, allied with our reduction of burdens and bureaucracy, will make a huge difference to their work as they seek to raise standards in schools, and will enable better deployment of their time and expertise.