Publication of New Governance Guides for Maintained Schools and Academy Trusts
DfE has published two new governance guides, one for academy trusts and another for maintained schools, which replace the governance handbook 2019, but do not introduce any new policies
New Guidance
No new requirements have been placed on boards, but some key updates have been introduced. These changes apply to both maintained schools and Academy Trusts, as well as specific updates for each.
For academy trusts, the guide aligns closely with the high-quality trust descriptors and the Academy Trust Handbook.
The new guides, which have been developed with sector stakeholders and users, provide clearer and more concise guidance, bringing together essential information about board roles and their legal responsibilities from various sources. The separation of information should also make content easier to find.
Additionally, each guide now includes statutory policies guidance, which was previously a separate webpage. The policies list has been updated and more emphasis placed on boards delegating responsibilities for creating and reviewing policies. In response to such incidents, educational settings are advised to consider three pre-planned responses: lockdown, evacuation, and evacuation (full, partial, phased, or directional).
Withdrawn Documents
The DfE has withdrawn
- Governance Handbook;
- Governance Structures and Roles;
- Clerking Competency Framework;
- Governance Competency Framework; and
- Statutory Policies for Schools and Academy Trusts
Changes applying to both maintained schools and Academy Trusts
- Musts and Shoulds: The DfE has incorporated 'musts' and 'shoulds' into the guide. 'Musts' are in bold and indicate mandatory requirements, while 'shoulds' indicate minimum good practice;
- Statutory Policy List: The statutory policy list has been withdrawn and is now included in the final section of the guide. 'Live' documents such as pupil registers, the SCR, register of interests, and school information required on a website have been removed from the list, but the requirement to keep these documents or webpages updated remains:
- Competency Frameworks: The Clerking Competency Framework and the Governance Competency Framework have been withdrawn:
- Resources for Link Governors/Trustees: New signposting to resources for link governors or trustees in areas such as SEND, safeguarding, and careers:
- Clerk's Details: New advice suggests that it may be helpful to publish the clerk’s details on the website:
- Cybersecurity Training: New advice recommends that at least one governor or trustee should complete cybersecurity training: and
- KCSiE Reading: New advice states that governors and trustees should read part 2 of Keeping Children Safe in Education (KCSiE). Previously, the Governance Handbook suggested that boards should ensure they read and have regard to KCSiE, which was interpreted as reading the entire document.
Changes applying to Academy Trusts:
- Core Functions of Governance: References to the 'three core functions' of governance have been replaced with the definition of purpose from the Academy Trust Handbook—strategic leadership, accountability and assurance, and strategic engagement: and
- Local Committees: Local Governing Bodies are now referred to as local committee
Changes applying to maintained schools:
- Headteacher Reports: New requirement for the board to assure itself that the headteacher reports to it as required, and that these reports include information on delegated duties, advice to governors, and compliance with any reasonable direction of governors;
- School Visits: New advice states that governors do not have an automatic right to enter the school whenever they wish. Visits should align with school improvement plan priorities and have an identified purpose linked to the board’s responsibilities, such as safeguarding;
- Right-to-Work Checks: Confirmation that maintained school governors do not need right-to-work checks;
- Chair’s Action: A new section on chair’s action, which is the chair’s power to make decisions alone in emergencies, clarifies this power which was previously mentioned but not specifically named in the old Governance Handbook; and
- Joint Headteachers' Voting: New advice clarifies that if there are joint headteachers in a job share, the co-heads only have one vote between them, not one vote each.