Election of Governors - Parents and Staff

ELECTION OF PARENT AND STAFF GOVERNORS

This guidance applies to Maintained Nursery, Community, Community Special and Voluntary Controlled schools only. In Voluntary Aided and Foundation schools, the governing body is responsible for determining the procedure.

In all schools, the LA has delegated to the Headteacher the role of Returning Officer.

If having read this guidance you have any queries, please contact Governance tel 01438 843082 or e-mail [email protected]

1. Parent and Staff Governor elections: timing

The aim must always be to ensure that governing body business is conducted with as many governorships as possible filled and as many parents/staff as possible enfranchised.

Parent and staff governor elections should therefore be held as soon as practicable after a vacancy arises, though where a vacancy arises in the summer term, an election early in the autumn term, before the first governing body meeting of the school year but with the new intake of parents/staff, would seem to be most appropriate.

Where an impending vacancy is known about it may be sensible to hold the election before the vacancy actually arises, to avoid a gap.

2. Parent Governor Election

2.1 Who is eligible?

In most cases it will be obvious who is a parent, but if there is uncertainty, for the purpose of the election of a parent governor the following definition should be used.

‘Parents (including carers) of registered pupils at the school are eligible to stand for election for parent governorship at the school. In the case of Maintained Nursery Schools, any parent (or carer) of a child who is making use of the service provided by the nursery is eligible to stand for election for parent governorship at the school.

”Parent” is defined for the purposes of the Constitution Regulations as including “any individual who has or has had parental responsibility for, or cares or has cared for, a child or young person under the age of 18”. It includes a person who the child lives with or who looks after the child, irrespective of what their relationship is with the child. The reference in the definition must be someone involved in the full-time care of the child on a settled basis.

A child may have more than two ‘parents’ as defined above and all of them would be entitled to stand or vote in an election. However, schools are not required to take extraordinary steps to track down parents.

If insufficient parents stand for election, the governing body can appoint parent governors.

A person is disqualified from election or appointment as a parent governor if they are paid to work at the school for more than 500 hours in a school year or if they are an elected member of the Local Authority at the time of election or appointment. 2.2 Term of office

The term of office for parent governors is four years, unless the governing body has agreed a shorter one and this is specified in the instrument of government. Parent governors must have a child registered at the school on the date they are elected but do not have to resign their governorship if their child subsequently leaves the school before their term of office is completed.

2.3 Pre-election publicity

Appropriate publicity needs to be given when a vacancy needs to be filled. A letter/email/newsletter/update on the schools website/text from the headteacher should be sent to each parent advising there is a vacancy/ies for a parent/s governor. A letter/email should be sent to all parents enclosing a nomination form and setting out clearly:

(a) eligibility to stand

(b) the timetable for each stage and

(c) that the successful candidate/s will be subject to a pre-appointment check and may have to undergo a criminal background check. An example of such a letter is attached to this guidance.

Where a substantial number of parents of the school have a language other than English as their mother tongue, the correspondence (and documents relating to elections) should be translated into the relevant languages. Arrangements for translation may be made through INTRAN – Hertfordshire’s Translation and Interpreting Service. The Headteacher determines which languages are required for translation.

2.4 Nominations

Nominations from parents will be self-nominations. Parents should be invited to supply, with their nomination paper, a short personal statement for circulation to all parents should an election be required. This statement should not exceed 80 words and this limit should be strictly enforced in all cases. It would be wise to inform parents in advance whether statements will be copied in the format in which they are supplied, or whether they will be retyped first.

Parents should be asked to obtain the name of a seconder, who should be the parent of a registered pupil at the school. Parents should be given 14 days for the return of nomination papers.

If the number of candidates is less than or equal to the number of vacancies, then any candidate/s will be deemed elected unopposed and it will not be necessary to proceed to an election.

If there are more candidates than vacancies, it will be necessary for an election to take place. If there are vacancies remaining after elections, the governing body has a duty to appoint the appropriate number of parent governors.

2.5 Conduct of the election

As noted above, the Headteacher undertakes the role of Returning Officer on behalf of the Local Authority and as such has overall responsibility for organising the election. Further advice is available from Governance, tel 01438 843082 or e-mail [email protected]

The election of a parent governor is conducted on a simple majority basis. In the event of a tie, the result is determined by the toss of a coin or the drawing of lots, at the returning officer’s discretion.

At each election every parent (see above for guidance on who is a parent) is issued with one ballot paper, irrespective of the number of children they have at the school. The ballot paper lists the names of all the candidates and gives clear guidance on eligibility to vote and on the number of votes which may be cast. Parents are entitled, if they so wish, to register one vote for each vacancy.

A closing date and time must be specified, which must allow parents sufficient time to return ballot papers. One week is the suggested period.

The ballot is secret (the ‘double envelope’ system could be used – see What is the Double Envelope System? below). The returning officer ensures that each voting paper bears a distinguishing mark such as the school stamp and that a record is kept of the number of ballot papers issued. On receipt of the ballot papers the returning officer verifies the person casting the vote (e.g. checks the name on the outer envelope). The inner envelope containing the ballot paper is then placed in the ballot box for counting at the appointed time. The ballot box should be kept in a secure place.

Parents should be given the opportunity to vote by post but the normal system should be to get ballot papers to and from parents by means of the pupils. If a pupil is absent from school when the ballot papers are issued, a ballot paper will need to be posted, or otherwise delivered.

Schools can choose to send ballot papers by email however should not accept votes by the same means; as this could compromises the anonymity of parents.

Proxy voting is not allowed.

If a ballot paper is inadvertently spoilt (or lost by the pupil) a duplicate may be issued by the returning officer.

An election is not invalidated by an individual’s failure to receive or to return a ballot paper.

2.6 What is the double envelope system?

The double envelope system is a way of preserving the secrecy of the ballot while still allowing hand-delivery of the completed ballot paper. It works like this:

1. The voter places his/her marked ballot paper in a blank envelope and seals it. The voter makes no mark whatsoever on this envelope

2. The voter places this envelope in another envelope and seals it

3. On the back of this outer envelope the voter writes his/her name and signature

4. The voter hands this envelope in to the school office 5. As soon as possible after receipt, the outer envelope is checked to ensure eligibility and disposed of, and the inner envelope is placed in the ballot box to await the count.

In cases where the double envelope system is used but not universally adhered to, the returning officer must make a judgment as to whether, taking into account all the circumstances, a particular ballot paper should be counted.

2.7 The Count

The count should be conducted by the returning officer at a time and place which has been notified to all candidates and parents. The candidates or their nominated representatives should be invited to be present, but the election is not invalidated by the absence of one or more of the candidates. The returning officer opens and counts the voting papers in the presence of witnesses (normally the candidates and a governor not standing in the election) and is the person to determine whether a ballot paper is valid, spoiled or not genuine.

The count should take place immediately after the poll closes (e.g. poll closes at 3.45 pm, count at 4.00 pm). Uncounted votes should not be stored overnight once the poll closes.

2.8 After the election

Parents and governors should be notified in writing of the result of an election by the headteacher as soon as possible after the election. Parents should be told the name/s of the successful candidate/s. The result should be posted on the school noticeboard/website and recorded in the governing body minutes. The name, address, telephone number and e-mail address of the successful candidate/s should be notified to the clerk as soon as possible for adding to the database.

Where, in the absence of sufficient candidates, the governing body appoints one or more parent governors, that fact, and the identity of the appointed parent/s, as well as being recorded in the governing body minutes, should be notified to parents as soon as possible. The clerk should be sent details (name/address/email/telephone number/date of appointment) of the new governor/s immediately so they can update the Governance database and trigger a request for a welcome pack to be sent.

Voting papers should be retained securely at the school for six months against a possible challenge.

3 Nursery Schools and Nursery Classes

Maintained nursery schools have their own governing body and consequently follow the above procedure.

Nursery classes attached to infant or primary schools are included as a class of the school to which they are attached and therefore:

- a parent of a child in the nursery class can stand for election as a parent governor of the school

- all parents of children attending a nursery class have the same voting rights as any other parent. Dear Parent

ELECTION OF PARENT GOVERNOR/S

There is/are [a] vacancy/ies for [a] parent governor/s on this school’s governing body. If you would like to stand for election please complete and return the attached form to the school office by …….. am/pm on ………………………….

You will need to ask another parent of a pupil at the school to sign the form.

Please be aware that regulations require everyone elected or appointed to a governing body to undergo a DBS (Disclosure and Barring) check. This is to ensure the safety of the pupils. If you are elected and you subsequently decline to undergo such a check, you will disqualify yourself.

Please give brief details about yourself (not more than 80 words) on the form. If an election is needed these details will be copied and sent to all parents with the ballot papers. Please note that the 80 word limit will be strictly enforced and result in additional wording being deleted.

If the number of nominations is the same as or less than the number of vacancies, then the people nominated will be deemed elected unopposed. If there are not enough nominations, the governing body has the duty to appoint parent governors to fill the remaining vacancy/ies.

The governing body has determined that the term of office for a parent governor is ……. year/s. If you are elected you may serve the full term of office even if your child leaves the school before your term of office finishes.

If an election is necessary we will send you a ballot paper on …………….

Only parents of children registered at the school are entitled to stand or vote in the election. A parent who is paid to work at the school for more than 500 hours in a school year or is an elected member of the LA may not stand for election.

Each parent will be sent one ballot paper regardless of how many children they have at the school, and each parent will have one vote per vacancy. The ballot will be secret and you will be notified of the result as soon as possible afterwards.

In most cases it will be obvious whether you are a parent. For the purpose of the election of a parent governor, a parent is:

Parents (including carers) of registered pupils at the school. ”Parent” is defined for the purposes of the Constitution Regulations as including “any individual who has or has had parental responsibility for, or cares or has cared for, a child or young person under the age of 18”. It includes a person who the child lives with or who looks after the child, irrespective of what their relationship is with the child. The reference in the definition must be someone involved in the full-time care of the child on a settled basis.

If you have any questions about whether you are eligible to stand or vote in the election or about anything else in this letter, please contact me.

Yours sincerely

Headteacher enc ELECTION OF PARENT GOVERNOR/S AT…………………………….SCHOOL

NOMINATION FORM

Your name ……………………………………………………………… (Mr/Mrs/Miss/Ms/Dr)

Address ………………………………………………………………

………………………………………………………………

I have a child at the school and hereby nominate myself for election as a governor. I understand that if elected I will have to undergo a DBS (Disclosure and Barring) check. Biographical details (80 words maximum) for circulation with the voting paper are given below.

Signature ………………………………………………………………

------

Seconded* by: ………………………………………………….. (Mr/Mrs/Miss/Ms/Dr)

Address ………………………………………………………………

………………………………………………………………

Signature ………………………………………………………………

*The seconder must be a parent of a pupil at the school.

Biographical details (80 words maximum)

Your completed nomination form must be returned to the school office by:

Date………………………………….. Time……………am/pm Dear Parent

ELECTION OF PARENT GOVERNOR(S)

There is/are …… vacancy/ies for parent governor/s on the governing body. The following parents have been nominated:

………………………………………………

A ballot paper is attached, together with a personal statement from each candidate who supplied one.

Only the parents of a pupil currently registered at the school may vote.

For the purpose of the election of a parent governor:

”Parent” is defined for the purposes of the Constitution Regulations as including “any individual who has or has had parental responsibility for, or cares or has cared for, a child or young person under the age of 18”. It includes a person who the child lives with or who looks after the child, irrespective of what their relationship is with the child. The reference in the definition must be someone involved in the full-time care of the child on a settled basis.

Here’s what to do:

1. Place a X against up to ….. names (not more than one vote per vacancy).

2. Put the completed ballot paper in a blank envelope and seal it. DO NOT SIGN THE BALLOT PAPER OR THE ENVELOPE.

3. Put this envelope in another envelope.

4. On the second envelope write your name in BLOCK LETTERS and your signature.

5. Return it to the school office by …. am/pm on ………………………..

We will record the fact that you have voted and then place the unmarked envelope in the ballot box.

The votes will be counted at school immediately after the close of the election, in the presence of the candidates and……………….., a governor of the school.

We will notify you of the result as soon as possible.

Yours sincerely

Headteacher enc ELECTION OF PARENT GOVERNOR/S AT………………………. SCHOOL

BALLOT PAPER

There are …….. vacancies for parent governor/s.

Candidates (in alphabetical order)

1. Place a X against up to ……. names (not more than one vote per vacancy).

2. Put the completed ballot paper in a blank envelope and seal it. DO NOT SIGN EITHER THE BALLOT PAPER OR THE ENVELOPE.

3. Put this envelope in another envelope.

4. On the second envelope write your name in BLOCK LETTERS and your signature.

5. Return it to the school office by ……. am/pm on ……………………….. 3. STAFF GOVERNOR ELECTIONS

The headteacher has a reserved place as a staff governor on the governing body. If he/she chooses not to be a governor – by so notifying the clerk in writing – his/her place cannot be taken by anyone else.

3.1 Eligibility

3.1.1 Eligibility to stand

Anyone who is paid to work at the school is eligible for election, providing they are on the staff of the school, or have a contract to work at the school, on the date nominations are invited. There is no minimum duration of contract. Any member of staff (teaching or non-teaching) is eligible to stand for a staff governor election.

3.1.2 Eligibility to vote

Anyone paid to work at the school is eligible to vote in all staff governor elections.

3.2 Term of office

The term of office for staff governors is four years, unless the governing body has agreed a shorter one and this is specified in the instrument of government. If a member of staff resigns their post before the end of their term of office they must resign from the governing body.

3.3 Nominations

Nominations from staff will be self-nominations and should be submitted on a standard form (example below). Each nomination should be seconded by an eligible member of staff (see paragraph 3.1 2 above). Staff should be given reasonable time – say a week – for the return of nomination papers. They should be asked to give biographical details for inclusion on the ballot papers. A maximum of 80 words is advised: this should be notified on the nomination paper and strictly enforced.

If the number of candidates is less than or equal to the number of vacancies, then all candidates will be deemed elected unopposed and the matter will not proceed to an election. If the nominations are too few to fill all the vacancies, nominations should be sought again after staff turnover and/or at the beginning of the next academic year. The governing body has no power to appoint staff governors.

3.4 Conduct of the Election

The Headteacher has overall responsibility for organising the election and undertakes the role of returning officer on behalf of the Local Authority.

Advice is available from Governance, tel 01438 843082 or e-mail [email protected].

The election of staff governor is by simple majority. In the event of a tie, the returning officer tosses a coin or invites the tied candidates to draw lots. Everyone who is paid to work at the school should be issued with one ballot paper stating the maximum number of votes which may be cast and listing the names of the candidates. Staff will be entitled, if they so wish, to register one vote for each vacancy. An example ballot paper is given below. The date of the polling day, and the time of closure, must be specified.

The ballot is secret. The ballot box should be kept in the school office and staff should be marked off when they cast their vote. Staff temporarily absent, and part-time staff, should be given the opportunity to vote by post. Proxy voting is not allowed.

3.5 The Count

The returning officer counts the ballot papers in the presence of witnesses (the candidates and a governor not standing in the election). The count is not invalidated by the absence of one or more of the candidates. The headteacher, as returning officer, determines all matters relating to the eligibility and validity of a ballot paper.

3.6 After the election

All staff should be advised by the headteacher the name/s of the successful candidate/s. As well as being posted on the staff notice board/ school website, the result should be reported at the next governing body meeting and recorded in the minutes. The ballot papers should be retained for six months against possible challenge.

The details (name/address/telephone/email/date of appointment) of the successful candidate/s should be notified to the clerk as soon as possible so they may update the database to flag a request for a welcome pack to be sent.

4 The Position of the Headteacher

Since the Headteacher already has a reserved place on the governing body, he/she is not eligible to stand for an elected staff position.

However, if an acting headteacher, where the position of governor is still held by the headteacher, decides to stand as staff governor, then the role of returning officer at the election must be delegated to the (acting) deputy headteacher or another senior member of staff who is not a candidate.

A headteacher contemplating voting in a staff governor election should consider the possible consequences in terms of his/her colleagues’ perception of the situation, bearing in mind his/her entitlement to be an ex-officio governor. This letter would be appropriate where there is a vacancy for a staff governor and it is ‘open to all’, i.e. is not predetermined to be either a teacher governor nor a non-teaching staff governor

Dear Colleague

ELECTION OF STAFF GOVERNOR

There is a vacancy on the governing body for a Staff governor. I am writing to invite self- nominations for this position. If you wish to nominate yourself, please complete the enclosed form and return it to the school office by ……………am/pm on ………………………….

Nominations must be seconded by another member of the school staff.

You are asked to give, on the nomination form, brief details about yourself (80 words maximum) which will be made available with the ballot paper in support of your candidacy.

If the number of candidates is less than or equal to the number of vacancies then those candidates will be deemed elected unopposed.

If it is necessary to hold an election, ballot papers will be sent/given to you on……………………….

Anyone paid to work at this school, whether full- or part-time, is eligible to stand as a candidate and to vote. Supply staff however are not eligible to stand or to vote.

The term of office of a staff governor is four years [or: The governing body has determined that the term of office of a staff governor is one/two/three years], at the end of which the member of staff can stand for re-election. If the staff governor resigns from the school staff he/she ceases to be a staff governor and a vacancy arises.

The ballot will be secret. The result will be posted on the staff noticeboard/school website (and notified by letter/email to absent members of staff and to governors).

If there is any question about eligibility to stand or to vote, or about the content of this letter, please ask me.

Yours sincerely

Headteacher and Returning Officer enc ELECTION OF STAFF GOVERNOR/S

NOMINATION FORM

School ………………………………………………………………

Name ……………………………………………………………… (Mr/Mrs/Miss/Ms/Dr)

I am a member of the staff of the school and, being eligible to do so, hereby nominate myself for election as a governor. Biographical details (80 words maximum) for circulation with the ballot paper are given below.

Signature ………………………………………

------

Seconded* by: Name……………………………………………….. (Mr/Mrs/Miss/Ms/Dr)

Address ………………………………………………………………

………………………………………………………………

Signature …………………………………………………………….

*The seconder must be a member of staff at the school other than a supply member of staff

Biographical details (80 words maximum)

Your completed nomination form must be returned to the school office by:

Date………………………………………Time………………am/pm This letter could be sent to absent staff and part-time staff who will not be in school on polling day.

Dear Colleague

ELECTION OF STAFF GOVERNOR/S

There is/are …… vacancy/ies for staff governor on the governing body. The following members of staff have been nominated:

………………………………………………

……………………………………………… A ballot paper is attached, together with a personal statement from each candidate who supplied one.

Please place an X against up to …… names (maximum one vote per vacancy).

Anyone who is paid to work at this school, whether full- or part-time, is eligible to vote. Supply staff are not eligible to vote.

Please insert the completed ballot paper in a blank envelope and seal it. Then place this envelope into a second envelope and on the back of it write your name in block letters and your signature. This should be returned to the school office. The name will be checked to ensure eligibility and the unmarked envelope placed in the ballot box to await the count.

The closing date for the return of ballot papers is ………………. at ……… am/pm.

The count will take place at the school immediately after the close of voting, in the presence of those candidates who wish to be present and ………………………….., a governor of the school.

The name/s of the successful candidate/s will be posted on the staff notice board/school website, recorded in the minutes of the next governors’ meeting and notified by letter/email as soon as possible to members of staff who are absent from school and to members of the governing body.

Yours sincerely

Headteacher and Returning Officer enc Name of School ………………………………………………………………….

ELECTION OF STAFF GOVERNOR/S

BALLOT PAPER

There is/are …………… vacancy/ies for staff governor/s.

Please insert a X against the name of ONE/UP TO ……… candidate/s

Candidates (in alphabetical order)

The poll closes on ………………. at ……… am/pm.