Nurture 1314 – My wish for the new year

As we start 2014, it’s useful to reflect back on the year just passed and make plans for the new one.

2013 was an interesting year for me. I worked with an array of schools and academies: some still struggling with the concept of converting to academy status and others taking on the challenge and embracing all that it promises. I have worked with growing Multi-Academies creating governance structures robust enough to cope with the demands of running large multi-million pound businesses, but I have also worked with academies that are finding the conversion from a maintained school to charitable company harder than expected.

I have been extremely lucky to work with some amazing people through 2013 and met many Headteachers, educationalists, governors and other professionals working to make the academy agenda a reality. At the forefront of these are the inspirational Chairs of Governors/Directors that I’ve had the privilege to work with. These forceful people are leading the way in creating an educational landscape with new schools that have internal structures that are regulated and managed yet can take advantage of all that the academy constitution has to offer. Most importantly, these people are crafting educational provision that is the best for their pupils.

As we start 2014, I am very much focussed on my small contribution to this brave new world. As I finalise the book I am producing on running an academy, I hope that its guidance can be used to help academies come to terms with their responsibilities and embrace them. My wish for 2014 can only be that academies incorporate strong internal, and external, systems into their structures so that the actions of all those involved in the management of academies is effectively monitored and controlled. My wish is that the scandals that have arisen in 2013 in relation to academies and free schools such as Al-Madinah and Kings Science Academy are now things of the past. Here’s hoping that Directors all over the country have made their New Year’s Resolution to strengthen the controls on their schools to prevent any mismanagement or corruption from occurring!

 

My book can now be pre-ordered:

https://www.icsa.org.uk/bookshop/books/how-to-run-a-school-academy-trust

What makes a great Chair of Governors? 10 main attributes

Yesterday I met up with Bob Wintringham, a highly experienced Chair with whom I have had the pleasure of working over the last couple of years. Bob has been extremely successful in his roles; he has Chaired 5 IEBs and was Chair of Faringdon Community College for over 20 years. He is now Chair of the Faringdon Academy of Schools, a multi-academy which has recently expanded from three to eight schools. It is a ground-breaking arrangement which includes infant, junior and primary schools alongside the secondary school. Most importantly it is one of the first to have Church of England schools in a multi-academy with community schools.

I asked Bob what was his secret? What makes a good Chair?

‘I build teams,’ he explained. ‘I build teams that are prepared to put in the work to achieve results.’

With a team largely comprised of unpaid volunteers this is no mean feat. But Bob does create remarkably cohesive teams who work well together.

Bob also feels the Chair’s relationship with the Headteacher is key to effectiveness in the role. But this is not some cosy, symbiotic relationship which does little to challenge the Headteacher or the organisation. In fact, quite the reverse.

‘The Chair must be able to have those difficult conversations. Sometimes there is no option but for the Headteacher to leave and the Chair must be able to recognise this and tell them.’

In fact, what Bob says really sums up the ‘Support and Challenge’ or ‘Critical Friend’ role that is at the heart of good governance.

What is more, Bob is a charismatic speaker and fantastic PR champion for the MAT. Although he is relatively softly spoken, he conveys an authority so that others stop to listen when he speaks. He has a credibility that comes from a deeply-held conviction that the actions of the Board, led by the Chair, can really make a difference to the children.

There is, of course, no simple formula for what makes a good Chair and it will differ from school to school, but the main attributes may be:

1. Ability to build effective teams
2. Good working relationship with the Headteacher
3. Willingness to have the ‘difficult’ conversations
4. PR champion
5. Credible public speaker
6. Understanding of educational environment and current changes
7. Excellent knowledge of the school and key staff
8. Ability to delegate
9. Effective chairing of meetings
10. Recognise the skills that the team has, and use them effectively

Multi academy or umbrella trust? Considerations for the governing body

Deciding to convert to an academy is not an easy decision, but harder still is the question of the appropriate governance structure. Is it better to convert as a single academy or to join with other schools in an academy chain? Of course, it is always possible to work with like-minded schools in a collaborative partnership which involves no formal legal relationship.

The first converter academies became single academies. Needless to say, these schools were generally large schools, often secondary, rated as ‘outstanding’ by Ofsted; they had the skills and resources to survive alone.

However, there has been a huge increase in the numbers of schools entering into academy chains which are able to provide wide-ranging support and expertise. These can be either multi academy trusts (MAT) or umbrella trusts (UT). But what is the difference and how does a governing body decide what is the most appropriate form for their school?

MATs

In a MAT a number of schools join together and form a single legal entity accountable for all schools in the MAT. The decision-making body of the MAT is the central Board of Directors and any local governing bodies in individual schools are akin to a committee. There is one set of Articles which governs all the academies in that Trust. The MAT has a Master Funding Agreement with the Secretary of State and each academy also has a Supplemental Funding Agreement. Each of the academies in the MAT has its own governing body or advisory body which deals with local issues.

MATs can take many formats ranging from the genuinely collaborative to a sponsorship model where the individual schools are effectively ‘taken over’ by the MAT. It is this latter form of chain which attracts a great deal of negative publicity as they hover over schools and sweep them up to transform them into ‘Stepford’ schools in their own image. Naturally, the picture is much more complex and there are many genuinely supportive chains and examples of a truly collective approach. Schools which do not have an ‘outstanding’ or ‘good’ Ofsted grading may be unable to show an ability to support school improvement and may need to join a sponsored academy.

UTs

A UT is a half-way house between a single academy and a MAT. A group of schools is linked together under an academy trust which spans all of them, but each school is an academy in their own right.

How to choose?

The governance structure appropriate will differ from school to school and their own circumstances. The governing body should consider:

• Does our school have a ‘good’ or ‘outstanding’ Ofsted rating from the most recent report?
• Do we have the business and finance expertise and resources necessary to convert alone?
• Do we have the capacity for long-term school improvement and ability to raise standards further?
• How strong is our current partnership model? Is there scope for collaborative working?
• Do we want involvement in overall strategic control or would we prefer to focus on provision of teaching and learning within a defined structure?
• Is there a particular chain that we would want to join? Or any we wish to avoid?
• How important is it to us to remain legally independent?
• What skills/expertise/resources could we provide in a wider collaborative structure?
• If we are a faith school, what is the policy of our Diocese/overseeing body?
• What is our ideal scenario?

Who runs this school? Governors and Directors…

The governors are a central part of the leadership of the school, deciding on the strategic direction and overall conduct as well as overseeing policies and finances. They are there to support the Headteacher and senior leadership team in realising the vision and ethos of the school. They are also there to provide challenge so that the school is continually improving. This relationship between the governors and the school, the so-called ‘critical friend’ is fundamental to good governance.

Academies are independent of Local Authority control which means that the governing body has greater autonomy but they also have greater responsibility. In a single academy or an academy within an umbrella trust, the governors are the Directors of the company. Multi-academies are more complex corporate structures but the Directors sit on the main Board which retains the legal responsibility for running the overall organisation; ‘governors’ sitting on local governing bodies of the separate schools are more like committee members. In a sponsored academy, the sponsor will retain the right to appoint the majority of Directors.

The size and make-up of the Board will be dictated by the Articles of Association. However, a significant number of governors/Directors are appointed by the Members which gives a level of control in ensuring that the Board has a balance of skills and experience and is truly able to provide effective direction and governance. There will also be governors elected from the staff body as well as parent governors elected from the parents of current pupils who help to ensure that the focus of the Board always remains on the pupils themselves and on providing the best possible education.

The Board of Governors works as a team and is a ‘corporate entity’. This means that Governors are bound by decisions made by the Board and are loyal to them even if they did not vote for them.

The Headteacher and Governing Body work together to run the school. Reporting to the Board and providing such information, advice and recommendations as are required to carry out its function, the Headteacher remains responsible for the day-to-day running and implementation of the strategic vision, acting within the agreed framework.

The House of Commons Education and Employment Committee’s report on the role of the school governors says:

“School governors are a large, usually unsung, army of volunteers whose contribution to the life of our schools has been too little appreciated. There is much to celebrate about the contribution made by our school governors. Effective governing bodies bring benefits to the schools they serve, not only in terms of community involvement and accountability, but also in terms of overall school improvement.”

However, governors must remember that they are also Directors of a charitable company and consequently have legal duties and responsibilities to observe. They have a fiduciary duty to their company, ie they must act with the ‘utmost good faith’. They also have a responsibility to ensure that the company complies with charity law requirements.

Responsibilities also bring potential liabilities, although these should not generally be a threat to a governor who is acting in good faith. In an extreme situation, a governor who is found to be acting fraudulently could be charged under criminal law and receive a prison sentence of up to ten years. Governors could also find themselves disqualified from acting as a director of a UK company for a period of up to 15 years as well as subject to a fine.

5 Rules of successful teleconferencing for schools

Since 1^st September 2013, maintained schools have been permitted to agree alternative arrangements for governors to participate or vote at meetings of the governing body. This could be done via telephone or video conferencing. Any governors participating by in this way will count towards the quorum.

The relaxation in the Regulations has caused a lot of discussion amongst governing bodies about how the process will work and whether it is opens the way to virtual governors’ meetings. Many regarded the change as a new and novel development in governance of schools. But is it?

In fact, the change brings maintained schools into line with what is already happening in academies across the country. The model Articles of Association include the provision that ‘any director shall be able to participate in meetings of the Directors by telephone or video conference’ so long as he/she has given notice and that suitable equipment is accessible.

I attended a Board meeting last night where an academy used telephone conferencing for the first time. A governor had requested the opportunity to attend by telephone as she was away from home but wished to contribute to a very important discussion that was due to take place. The initial request threw the school into some confusion as to how this would be achieved. After investigations, a new speakerphone was purchased and a conference call service provider set up. It quickly became clear that not only was this a system that worked, but it could work well.

The majority of Directors working in professional or business roles outside of education, were experienced in the use of teleconferencing. Others may take time to adapt. Of course, nothing will replace the personal presence of a Director in school to see first hand what is going on. Nevertheless, there are some guidelines to bear in mind:

1. Be careful of your surroundings. Consider confidentiality and sensitivity of information and do not conduct your conversation in a place where you will be overheard. NEVER take part in a meeting if you are travelling on a train – apart from inadvertently sharing information, it is extremely annoying to other passengers!
2. Pay attention! It will very quickly become clear to everyone if a person is not listening to the proceedings particularly if they are asked for their vote. Focus on the matters being discussed and do not try to multi-task by reading emails or watching TV.
3. Conferencing enables Directors to ‘participate in meetings’. This does not mean that they simply dial in for the items on the agenda that they are interested in!
4. Identify yourself if you speak. This is more relevant for the people in the meeting room. Whilst everyone present can see who they are the person on the other end of the line can’t.
5. Be respectful. This should, of course, apply to all meetings of Directors but it is more pronounced where some attendance is via conferencing. Try not to interrupt or overtalk – it is confusing and ultimately wastes time.

What is an ‘academy’?

According to the DfE website, “academies are publicly-funded independent schools that provide a first-class education”.

Of course the last part of that statement is not always true as recent stories hitting the press about failing academies have shown. What is true is that academies are independent of Local Authority control and have much greater freedoms than maintained schools. Arguably this means that under good management, an academy has more scope to excel and to maximise their resources for the best benefit of their pupils since they are not constrained by the policy or approach of their Local Authority.

The idea for publicly funded state schools was initially introduced in the late 1980s by the Conservative government. City Technology Colleges had private business sponsors, specialised in mainly technology-based subjects such as science, mathematics and technology and were intended to be located in urban areas. The programme met with significant opposition by Local Authorities and was abandoned after only 15 CTCs had been created.

The legislation for CTCs was amended by the Labour government in 2000 to enable City Academies which would replace failing schools in deprived areas. Again, sponsors were appointed, and schools were independent from Local Authority control. In 2002, the name of these sponsored schools was changed to ‘Academies’.

The Coalition Government expanded the programme and streamlined the process to enable more schools to become Academies. In 2010 the legislation was extended to include primary and secondary schools. Unlike the earlier academies, no external sponsor was required. Initially only schools assessed as ‘outstanding’ by Ofsted were able to convert and the first schools became ‘Converter Academies’ in September 2010.

The Academies Act 2010 was a watershed moment in the move to a fully independent, yet state-funded, education system. Prior to this only poorly performing secondary schools were covered by the academies programme. However, the Act meant that suddenly academy status was something to aspire to, an indicator of quality as only ‘outstanding’ schools could convert.

Since then, the programme has continued to grow exponentially with all schools now given the opportunity to convert to academy status. The Department for Education’s (‘DfE’) website states that ‘Any school or PRU which is performing well can now submit an application to convert into a stand-alone academy’. In addition, schools can now choose to join with other schools as part of a multi-academy or umbrella arrangement as long as they can demonstrate that at least one school is performing well and the group has the capacity to improve and sustain performance.

The academies programme is here to stay. Introduced by the Conservative government and then made its own by successive Labour and Coalition governments, there is no formal opposition from any of the main political parties. With the funding to Local Authorities declining rapidly and consequent cut-backs in the services they provide, schools are being left with little choice about whether to convert to academy status.

It should not be forgotten that academy status is simply the legal vehicle through which the service is provided. An academy is a charitable company with the consequent responsibilities and liabilities, but it is also still a school. Only with effective leadership and management can the full potential offered by the structure be explored and maximised. Despite what advocates of the programme claim, academy status is not a magic formula that will transform any school into an outstanding place of teaching and learning full of well-behaved high achievers. But for a strong leadership team, academy status offers the potential to make the school their own, unfettered by the policies of a remote Local Authority which is out-of-touch with the specific needs and requirements of particular schools. The company structure underpins the organisation and facilitates the provision of an outstanding service, ie the provision of education!