DFE Issues Two New Governance Guides to Replace the Governance Handbook
On March 7th, 2024, the Department for Education (DfE) unveiled two Governance Guides, non-statutory in nature, tailored for maintained schools and Academy Trusts. These guides replace the previously withdrawn Governance handbook and are now designated as the principal DfE repositories of governance-related information.
Changes applicable to both maintained schools and Academy Trusts:
The DfE has incorporated "musts" and "shoulds" into the guide, with "musts" highlighted in bold indicating mandatory requirements, while "shoulds" denote minimum good practices.
Introduction of new signposts to resources for link governors or trustees (e.g., SEND, safeguarding, and careers).
Recommendation to publish the clerk’s details on the website.
Suggestion that at least one governor/trustee should undergo cybersecurity training.
Guidance for governors and trustees to peruse part 2 of KCSiE.
The statutory policy list has been omitted, now found in the guide's final section. However, 'live' documents such as pupil registers, SCR, register of interests, and required school information on websites have been excluded from the list, but the obligation to maintain these documents or webpages up to date persists.
Withdrawal of the Clerking Competency Framework and the Governance Competency Framework.
Changes exclusive to Academy Trusts:
Removal of references to the 'three core functions' of governance, replaced by the definition of purpose outlined in the Academy Trust Handbook.
Renaming of Local Governing Bodies as local committees.
Changes exclusive to maintained schools:
Mandate for the board to "assure itself that the headteacher reports as required" and inclusion of information in headteacher’s reports regarding delegated duties, advice to governors, and compliance with any reasonable direction of governors.
Clarification that governors do not possess an automatic right to enter the school at will.
Recommendation for school visits to align with school improvement plan priorities and serve an identified purpose linked to the board’s responsibilities, such as safeguarding.
Confirmation that maintained school governors are not required to undergo right-to-work checks.
Inclusion of a new section on chair’s action, describing the chair’s authority to make decisions independently in emergencies, previously referred to in the old Governance Handbook but not labeled as chair’s action.
Advisory note that in cases of joint headteachers in a job share, the co-heads possess one vote between them, not one vote each.