governance good practice guide

governors

The further education model of governance is one of collective decision-making and collective accountability. The legal power of the governing body rests with the governing board as a whole, not with individual governors. This places constraints on what governors may do:

• as a corporate body, governors should support decisions taken collectively at formal meetings
• no governor should speak on behalf of the governing board unless specifically authorised by the governing body
• all governors share responsibility for decisions
• all governors must respect confidentiality.

Individual board members are not personally liable for the debts of the corporation, unless it can be demonstrated that they have acted negligently or improperly.

Individual board members are volunteers and do not receive remuneration for their efforts. They are appointed on the basis of relevant skills and experience, and should fit a membership category within the Instrument and Articles of Government and adopted membership structure. The current membership framework, in the 2008 Instrument of Government for general FE colleges, allows for the following limits for each membership category. There are differences for 6th form colleges and other types of specialist institution.

All members are required to declare on appointment any convictions and bankruptcy proceedings, in order to confirm their eligibility.

All members are required to declare financial and non-financial interests. A governing board chair and vice chair are appointed from among the members.

The balanced membership of governing boards ensures that they have the benefit of views from, and are truly representative of, the community served by the college, its students and staff, its local authority and local business community.

However, all governors are appointed as individuals $ndash; including those governors who are elected (by the staff or the student body).

Governors are not representatives of the organisations from which they come. Once appointed, governors are required to put the interests of the governing board and the college first. They may not accept a mandate from any other person or organisation.

Other co-options

Governing boards may also draw on the skills of external co-opted members who are not full governing board members. External co-opted members are particularly valuable in adding specific skills to, for example, Audit and Search committees. These co-opted members may have full voting rights within their committees and should meet the same requirements for eligibility and declaration of interests. They do not attend governing board meetings unless invited, do not have full governing board voting rights and would not normally chair a committee (as they are unable to report committee business in person to the full board).

LSC nominations

The Learning and Skills Council (LSC) has the power to appoint up to two governors in special circumstances – e.g. where there are serious concerns about the governance of the college.

action/reflection view all action/reflection points for this section

• What is the composition of your governing board?
• How do you recruit members to your governing board?
• Is the composition of your governing board an accurate reflection of your local and college communities?
• Does your governing board have an appropriate mix of skills and expertise to fulfil its role and responsibilities?
• Is a skills audit used by the search committee when it recruits new governors?
• Do you have a role description for governors that is used for recruitment?
• Do you have an annual procedure for reviewing the eligibility and interests of governors?
• Against what criteria does your governing board elect the chair and vice chair?
• How does your governing board plan for succession?
• Do your governing board's Standing Orders cover all the necessary areas where the board needs to make its own internal rules?