governance good practice guide

board member A

This sample role description and person specification for an individual governor is used by one general further education (FE) college as part of the information pack sent to prospective new members. It:

• sets out the key statutory roles and responsibilities of governors in FE
• outlines the purpose of the role in terms of checks and balances and accountability
• refers to the statutory conditions for eligibility
• provides information about the committee structure and how the governing board operates
• looks at the skills a new governor might bring (both in terms of generic strategic skills and current skills gaps)
• provides an insight into activities outside the core role a governor might become involved in
• specifies the commitment the role requires.

introduction

FE governing boards were incorporated in 1993. An independent corporation is a separate legal entity.

The duties and role of a governing board member largely resemble those of a non-executive director. There are fiduciary duties under common law, as well as statutory duties within the further education college sector. Duties relate to public accountability, the conduct of governing board business in an open manner and standards of public life.

Responsibilities include monitoring of the college's financial health, safeguarding assets, effective use of resources and academic performance. The governing board has a major role to play in determining the educational ethos of the college, providing strategic leadership and focus, raising academic standards and setting moral and ethical standards.

The statutory duties include certain 'reserved' responsibilities which may not be delegated.

Other duties may be delegated to committees or the principal.

Potential members will be required to meet statutory eligibility criteria relating to bankruptcy and conviction, to undergo a Criminal Records Bureau (CRB) check, and declare any financial and non-financial interests. The term of appointment is for four years initially, then it is subject to review and potential renewal.

The underlying ethos of the regulations is collective decision-making. Once appointed, members may not represent mandates from organisations but must act in the best interests of the governing board and abide by the majority decision.

There is a governing board Code of Conduct based on Nolan Principles and Standards in Public Life, as well as a register of members' interests which is updated annually. The constitution is set out in the governing board's Standing Orders.

Click here for information about the Nolan Principles.

The governing board operates through a structure of advisory committees and is supported and advised by the clerk to the governing board.

governing board member - role description

Purpose of the role:

• The governing board, led by the Chair, provides checks and balances to the operational executive team led by the principal (who is also a governing board member).
• The governing board is accountable for its stewardship of public funds to deliver a quality service and for the performance of its legal and statutory duties.
• Specific responsibilities are set out in the Further Education Act 1992, the Learning and Skills Act, the Revised Statutory Instrument and Articles of government (May 2006), the Learning and Skills Council's (LSC) Financial Memorandum and Audit Code of Practice.
• The role of a governing board member is voluntary and unpaid, although external training and related travel are paid for.
• Appointment is for four years initially. Once appointed, governing board members must not represent a nominating body or other mandate, and must act in the best interests of the board and abide by the decision of the majority.

Responsible for:

• determination of educational character and ethos
• articulation of vision, values and strategic direction
• oversight and monitoring of college activities
• effective and efficient use of resources
• financial probity
• safeguarding assets
• approving annual estimates of income and expenditure and three year financial plan
• approving three year strategic plan and annual updates
• appointment, grading, suspension, dismissal, appraisal and determination of pay and conditions of the principal, designated senior post holders and the clerk
• setting framework for pay and conditions of service of all other staff
• agreeing retention and achievement targets, monitoring academic achievement and raising standards.

Key accountabilities to:

• the college's learners and other customers for quality of experience and outcome
• the government, LSC and public for the use of public funds
• the local community for a local resource
• college staff as their legal employer.

Key relationships:

• chair of the governing board
• other governors
• relevant governing board committees
• principal
• clerk to the governing board
• executive team directors
• linkage with specific areas of college work.

Partnership between governance and management:

• Policy, oversight, financial probity and monitoring are the business of the governing board.
• Management and administration are the business of the principal and management team.
• The governing board and principal are a team and need to support each other and work closely together. A good working relationship between the board, the principal and the clerk is essential to achieve corporate goals.

Eligibility:

• A person is not eligible to be a governor of an FE college if he or she has been declared bankrupt within the last three years or served a sentence for a conviction within the last five years, or been removed from office as a member of a FE governing board within the last ten years.
• Governors should not normally have a teaching role or be a student at the college unless they are appointed as staff or student members.
• Although not a statutory requirement, members are required to agree to Criminal Records Bureau (CRB) checks on appointment and on re-appointment. Visit the policy and legal section on www.fegovernance.org for more information on this.

governing board member - person specification

Experience:

• While each member should bring skills and experience relevant to the work of the governing board for fulfilling corporate statutory responsibilities and engaging in committee work, the role of the governing board is strategic and enabling.
• The governing board has five advisory committees: Audit, Finance and General Purposes, Curriculum and Standards, Remuneration, and Search and Governance. In addition, Special Committee, appeals and selection panels, and time-defined working groups are convened, as required.
• Experience is required, for example in any of the areas of the Skills Audit.

Current skills gaps are: estates management, audit and being audited, land-based industries, financial oversight, local community and employer awareness and responsiveness, change management.

Generic skills and abilities

Members should have:

• an interest in, and commitment to - education and training, teaching and learning
• strategic awareness
• a concern for sharing best practice
• vision and commitment
• the ability to share and work to common values
• critical listening and appraisal skills
• the ability to ask probing questions
• analytical and problem solving abilities
• the integrity to act without self-interest
• the ability to fit into collective decision-making in the best interests of the governing board, college and FE system
• an awareness of standards in public life, public accountability and a determination to abide by them
• good communication skills.

Time commitment

The governing board attendance target is 80%.

Individual members are expected to be able to:

• attend all governing board meetings: four formal board meetings per year, an Annual Review meeting Friday evening/Saturday morning, and a strategic debate
• sit on one committee (most meet once per term)
• read papers before meetings and maintain an awareness and understanding of the FE system
• ask questions, challenge assumptions and add value as part of a robust debate
• work in a supportive relationship between governing board and management
• show an interest in the college by attending college events, such as the graduation ceremony and other events which celebrate student achievement
• link with a college area to learn more about how the college works
• make an annual declaration of eligibility and of interests which is held by the clerk in a register of interests and is made available to members of the public.

Induction, information and training

Involves:

• A copy of the statutory Instrument and Articles of Government: the governing board handbook containing key documents.
• Governance Good Practice Guide.
• Briefings by management on college and sector issues.
• Regular information and updates from the clerk on governance and FE system issues.
• Annual residential review and strategic planning meeting.
• Opportunities to attend national conferences and external training.

Equality, diversity and inclusion

The governing board is committed to equality of opportunity, diversity and inclusiveness for its staff, students, and members. In keeping with the diverse community served by the college for over 60 years, the governing board is working towards diversity of membership in terms of age, gender, sexual orientation, ethnicity and disability.