Eligibility Criteria

People who are ineligible to be a governor of an Local Authority Maintained School

A person who is under the age of 18 years

Continue reading

A person is disqualified from holding or from continuing to hold office as a governor or associate member if they:

  • Are detained under the Mental Health Act 2007 during their period of office
  • Fail to attend the Governing Board meetings – without the consent of the Governing Board – for a continuous period of six months, beginning with the date of the first meeting missed (not applicable to ex officio governors)
  • Are subject to a bankruptcy restriction order or an interim order
  • Have had their estate sequestrated and the sequestration order has not been discharged, annulled or reduced

Are subject to:

  • a disqualification order or disqualification undertaking under the Company Directors Act 1986
  • a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989
  • a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002
  • an order made under Section 492(2)(b) of the Insolvency Act 1986 (failure to pay under a County Court administration order)
  • have been removed from the office of charity trustee or trustee for a charity by the Charity Commissioners or High Court on grounds of any misconduct or mismanagement, or under Section 34 of the Charities and Trustees Investment (Scotland) Act 2005 from participating in the management or control of any body
  • are included in the list of people considered by the Secretary of State as unsuitable to work with children
  • are disqualified from working with children or subject to a direction under Section 142 of the Education Act 2002
  • are disqualified from registration for childminding or providing day care
  • are disqualified from registration under Part 3 of the Childcare Act 2006
  • have received a sentence of imprisonment (whether suspended or not) for a period of not less than three months (without the option of a fine) in the five years before becoming a governor or since becoming a governor
  • have received a prison sentence of two-and-a-half years or more in the 20 years before becoming a governor
  • have at any time received a prison sentence of five years or more
  • have been fined for causing a nuisance or disturbance on school premises during the five years prior to or since appointment or election as a governor
  • refuses to allow an application to the Disclosure and Barring Service (DBS) for a criminal records certificate

No person shall be qualified to be a Governor unless they are aged 18 or over at the date of their election or appointment.  No current pupil of the Academy shall be a Governor

A Governor shall cease to hold office if they become incapable by reason of mental disorder, illness or injury of managing or administering their own affairs

A Governor shall cease to hold office if they are absent without the permission of the Governors from all their meetings held within a period of six months and the Governors resolve that his office be vacated

A person shall be disqualified from holding or continuing to hold office as a Governor if:

  • a) their estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or
  • b) They are the subject of a bankruptcy restrictions order or an interim order.

A person shall be disqualified from holding or continuing to hold office as a Governor at any time when they are subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).

A Governor shall cease to hold office if they cease to be a Governor by virtue of any provision in the Companies Act 2006 or is disqualified from acting as a trustee by virtue of section 72 of the Charities Act 1993 (or any statutory re-enactment or modification of that provision).

A person shall be disqualified from holding or continuing to hold office as a Governor if they have been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which they are responsible or to which they were privy, or which they by their conduct contributed to or facilitated.

A person shall be disqualified from holding or from continuing to hold office as a Governor at any time when they are:

  • a) included in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999; or
  • b) disqualified from working with children in accordance with Section 35 of the Criminal Justice and Court Services Act 2000; or
  • c) barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006)

A person shall be disqualified from holding or continuing to hold office as a Governor if they are a person in respect of whom a direction has been made under section 142 of the Education Act 2002 or is subject to any prohibition or restriction which takes effect as if contained in such a direction.

A person shall be disqualified from holding or continuing to hold office as a Governor where they have, at any time, been convicted of any criminal offence, excluding any that have been spent under the Rehabilitation of Offenders Act 1974 as amended, and excluding any offence for which the maximum sentence is a fine or a lesser sentence except where a person has been convicted of any offence which falls under section 72 of the Charities Act 1993.

After the Academy has opened, a person shall be disqualified from holding or continuing to hold office as a Governor if they have not provided to the Chair of the Governors a criminal records certificate at an enhanced disclosure level under section 113B of the Police Act 1997.  In the event that the certificate discloses any information which would in the opinion of either the Chair or the Principal confirm their unsuitability to work with children that person shall be disqualified.  If a dispute arises as to whether a person shall be disqualified, a referral shall be made to the Secretary of State to determine the matter.  The determination of the Secretary of State shall be final.

Where, by virtue of these Articles a person becomes disqualified from holding, or continuing to hold office as a Governor; and they are, or are propose to become, such a Governor, they shall upon becoming so disqualified give written notice of that fact to the Secretary.

Please note that all governors whether in LA maintained schools or Academies may have to undergo a Discloslure and Barrings Service (DBS) (previously known as an enhanced CRB) check.  You will need to refer to your Governing Board code of conduct to see whether this check is required.  A refusal to undergo this check will result in a non-appointment.

Non-attendance Disqualification

Any governor who misses meetings for a period of six months (calculated from the first missed meeting) without the permission of the Governing Board, then they disqualify themselves from being a governor.  Where such a disqualification involves a Foundation, LA, representative, Partnership or Co-Opted Governor, this person cannot be appointed as a governor in the same category at the same school for a period of twelve months.

Removal of LA Governors

Any person who has been removed from the position of LA governor cannot be re-appointed as a LA Governor for a period of 12 months after their removal.  This is part of the LA's code of practice for the appointment of LA Governors.

No person who is eligible to be elected as a Staff Governor can be appointed as a LA Governor.

Co-opted Governors

No person who is a pupil at the school, eligible to be elected as a Staff Governor or an elected member of the LA, can be appointed as a Co-opted Governor.

Parent Governors

No person who is an elected member of the LA or who works at the school for more than 500 hours in a school year (at the time of election/appointment) can be elected or appointed by the Governing Board as a Parent Governor.

Staff Governors

Are no longer Governors once their employment at the school ceases.

Partnership Governors

No person can be appointed as a Partnership Governor if they are a registered pupil at the school, a parent of a pupil at the school, eligible to be elected as a Staff Governor, an elected member or an employee of the Local Authority involved with education.