GovWire

An effective governing body:

• sets and safeguards high expectations for the school community, including:
  • the expected behaviours, progress and attainment of all pupils
  • the conduct and professionalism of its staff, the governing body and its committee members
• promotes its vision, culture, values and ethos across the whole school and ensures that is reflected in its policies and its practices
• supports a whole school approach to safeguarding and child protection, ensuring all systems, processes and policies operate with the best interests of the child or young person at its centre

The schools culture must:

• meet the requirements set out in section 78 of the Education Act 2002
• promote the pupils spiritual, moral, social and cultural development (SMSC) of their pupils
• demonstrate they are actively promoting fundamental British values of:
  • democracy
  • the rule of law
  • individual liberty
  • mutual respect and tolerance for those with different faiths and beliefs

The governing body must not discriminate against a person based on a protected characteristic which is covered within Equality Act 2010 and includes the public sector equality duty (PSED). Further information is available in the Equality Act 2010: guidance.

Everyone involved in governance is expected toknow about and follow The Seven Principles of Public Life, also known as the Nolan Principles.

The Association of School and College Leaders (ASCL) has published a Framework for Ethical Leadership in Education. This was supported by the National Governance Association who launched a pathfinder project to examine ethical decision making and help school leaders understand the decisions they make.

2.1.1 Governor conduct and behaviour

Effective governing bodies create and maintain a code of conduct which is agreed by all governors.

Various organisations produce a model code of contact, which may help governing bodies in drafting or updating its code. Some examples include the:

• National Governance Associations model governing board code of conduct
• Catholic Education Servicescodes of conduct for governors and directors

Breaching the code of conduct could result in the governor suspension, or in more severe cases, the removal of a governor.

Legislative procedures for the suspension or removal of governors must be followed. More information is available inThe School Governance (Roles, Procedures and Allowances) Regulations 2013 - regulation 17, andThe School Governance (Constitution) (England) Regulations 2012 - part 4.

2.1.2 Equality, diversity and inclusion

Equality, diversity and inclusion should be an integral part of the governing bodys strategy. It is important that this includes not just legal or regulatory obligations but also how equality, diversity and inclusion is championed and embedded throughout the school.

Schools must abide by the Equality Act 2010. It applies to all maintained schools as providers of education to their pupils and to those who have applied for admission as pupils. Where the governing body is also the employer, it must also be aware of its responsibilities under the Act.

Guidance from the Government Equalities Office on positive action in the workplace is available. Employers can read more about how to use positive action to widen opportunities in the workplace.

In schools with a religious character, the governing body may have the right to use its own judgement when making employment decisions relating to staff. For further information, read the School Standards and Framework Act 1998, section 58 and guidance on managing staff employment in school, chapter 6.

Equality Act 2010: advice for schools provides information for schools, including general exceptions and special issues for protected characteristics.

Public sector equality duty (PSED)

Under the PSED, governing bodies must have due regard to:

• eliminating unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act
• advancing equality of opportunity between people who share a protected characteristic and those who do not
• fostering good relations between people who share a protected characteristic and those who do not

Governing bodies must:

• ensure that equality objectives are published and that they can demonstrate compliance with the PSED
• comply with the duty to make reasonable adjustments to help alleviate any substantial disadvantage to a disabled person, which will vary in each case

Further information is available on the Equality and Human Rights Commissions (EHRC)guidance on thePSED.