Governance

 

Challenger Multi Academy Trust

 

 

SCHEME OF DELEGATION 2021/22

 

Author	JB/SB
Date Approved	CMAT Board December 2021
Version	Final
Date to be Reviewed	December 2022

 

 

GOVERNANCE STRUCTURE; CHALLENGER MULTI ACADEMY TRUST

 

Members

 

Board of Trustees

 

 

Finance Risk and Audit Committee (FRAC)*

Standards Committee*

 

KCA Local Governing Body

Daubeney Local Governing Body

Lancot Local Governing Body

Springfield Local Governing Body

 

Notes:

 

*The Board has made the decision that Board sub committees for a)Standards and b)Finance, Risk And Audit will not be operated at present. Instead oversight of these areas of responsibility will be retained at Board level with inclusion as appropriate on Board agendas and within Board reporting. The Board will review this decision quarterly.

 

 Challenger Multi Academy Trust

Arrangements for Delegated Authority

 

The arrangements for delegated authority within Challenger Multi Academy Trust (CMAT) are set out in this scheme of delegation. The functions of the Trust are discharged by its boards, committees and key posts. The significant roles and responsibilities within the organisation are as follows;

 

1. Members

The members of CMAT are signatories to the Trust’s memorandum and articles of association (a document which outlines the governance structure and how the Trust will operate). The members appoint trustees to ensure that the Trust’s charitable object is carried out. They are able to remove trustees if they fail to fulfil this responsibility. Members are also responsible for approving any amendments to the Trust’s articles of association.

While members are permitted to be appointed as trustees, in order to retain a degree of separation of powers between the members and the trust board, and in line with DfE expectations, not all members are trustees. Members are not permitted to be employees of the Trust.

 

1. Trustees

The trustees of CMAT are the charity trustees and are responsible for the general control and management of the administration of the Trust in accordance with the provisions set out in the memorandum and articles of association. The Board of trustees is accountable for the performance of all academies within the Trust and as such must;

• Ensure clarity of vision, ethos and strategic direction
• Hold the executive officers and headteachers to account for the educational performance of the academies and their pupils, and the performance management of staff
• Oversee the financial performance of the Trust and make sure its money is well spent.

Because trustees are bound by both charity and company law, the terms “trustees” and “directors” are used interchangeably.

 

1. The Board of Trustees

 

The CMAT Board is permitted to exercise all the powers of the Trust. The trustees can delegate certain governance functions and these are set out in this scheme of delegation – see Appendices C and D. The Board remains accountable for any functions delegated.

 

The trust has the right to review and adapt its governance structure at any time which includes removing delegated authority in certain circumstances which are set out below.  Delegations are reviewed on an annual basis.

 

The Board is constituted under the Trust’s Memorandum of Association and Articles of Association. It is responsible for ensuring that high standards of corporate governance are maintained. The Board is also governed by the terms of the Trust’s Funding Agreements that are in place, the Academy Trust Handbook and the relevant government guidance for academies.

 

The Board of trustees of CMAT delegates responsibility for delivery of its objectives and strategy to the lead professional of CMAT i.e. the Chief Executive Officer (CEO) who is also designated as the Accounting Officer. The CMAT Board holds the CEO to account for the performance of the trust, including the performance of the academies within the trust.

 

Some responsibilities concerning the performance of each academy are delegated to Local Governing bodies (LGBs). Each Local Governing Body will use its detailed knowledge and engagement with stakeholders to ensure that their academy is performing to the highest possible standards, and that it is being well served by the executive leadership of the trust.

 

The performance management of the Chief Executive Officer (Accounting Officer) is the responsibility of the Chair of the Trust Board supported by input from all other Trustees.     The CEO is responsible for the performance management of the academy headteachers but will seek contributions from representatives of the Local Governing Bodies to this process.

 

In addition to the CEO, the Trust has a Chief Financial Officer (CFO) who reports to the CEO and the Board.

 

1. Board Committees

 

The Board has made the decision that Board sub committees for a)Standards and b)Finance, Risk And Audit will not be operated at present. Instead oversight of these areas of responsibility will be retained at Board level with inclusion as appropriate on Board agendas and within Board reporting. The Board will review this decision quarterly.

 

1. CMAT Board

 

Vision

Our mission is to create a family of outstanding schools where every young person has the opportunity to participate in engaging active learning experiences and achieve excellent education outcomes in an inclusive and high performing school system.

Our academies will be places of educational excellence. We want to do what is best for all of our pupils, staff and parents.  Our aim is to see our pupils achieve their full potential within a framework of challenge and support with strong governance and teaching excellence.

Our vision is to build a collaborative partnership of schools that will provide outstanding educational provision, both inside and outside the classroom, through challenge and the promotion of excellence.

We welcome pupils from all backgrounds and will work to provide them with a comprehensive range of learning opportunities that will be personalised and draw on the principles and practice of ‘Learning Outside the Classroom’ (LOtC) and models of Engaging Schools’. 

Our key foci are on progress and partnership. School improvement is also based on school-to-school support developed through a model of collaborative autonomy.

 

Articles of Association

 

The Articles of Association set out the responsibilities and procedures for the running of  the Trust (which is a charitable company limited by guarantee as per Companies Act of 2006).

 

Trustees Responsibilities

 

Trustees have full responsibility for the Trust and must:

 

• act together and in person and not delegate control of the Trust to others;
• act strictly in accordance with the Academies’ governing documents;
• act in the Academies’ interests only, without regard to their own private interests;
• manage the Academies’ affairs prudently throughout the life of the Academies;
• not derive any personal benefit or gain from the Academies of which they are Trustees; and take proper professional advice on matters on which they are not themselves competent.

 

In managing the Trust’s finances, Trustees must:

 

• ensure that bank accounts, financial systems and financial records are operated by more than one person;
• ensure that all the Academies’ property is under the control of the Trustees;
• keep full and accurate accounting records; and
• prepare accrual accounts giving a true and fair view of the Academies incoming resources and application of resources during the year and of its state of affairs at the year end.
• In applying the Academies’ income, must spend it solely for the purposes set out in the Academies governing documents and spend it with absolute fairness between persons qualified to benefit from the charity.

 

The Trustees reserve the right to enter into service level agreements with other parties to support the performance of these responsibilities, where these agreements are deemed to be in the best interest of the Trust. The Trustees will however retain full responsibility for the Trust at all times. Any such service level agreements will be documented and operate alongside this Scheme of Delegation.

 

 

Emergency Powers

 

The Chair of the Board, in consultation with the CEO where practicable, will take appropriate action when a decision is needed urgently on behalf of the Trust. In the absence of the Chair, the Vice Chair can exercise this power.

 

Intervention

 

The Trustees have a duty to take appropriate action when there are weaknesses in the Academies. Where individual Trustees have unresolved concerns about the running of the Academies or a proposed action, they should ensure that these concerns are recorded in minutes.

 

Conduct of Trustees

 

Trustees are public servants and as such must not use public monies or official business for personal benefit. The Trustees should avoid obtaining goods and services that include elements of private use or accepting excessive hospitality from prospective suppliers. The Treasury rules about the receiving of hospitality and gifts should be followed together with full compliance with the CMAT Gifts and Hospitality Policy.     .

 

Trustees should be aware that the Prevention of Corruption Act places the burden of proof on the recipient of favours.

 

NB: All duties and responsibilities of Trustees detailed in the Trust’s governance documents apply equally to persons who are not Trustees but who have been appointed to serve on a committee of those Academies in an honorary capacity.

 

 

Declarations of Interests

 

It is vital that Trustees act, and are seen to act, impartially. All members of the Board are required to complete a declaration of their interests on a minimum annual basis. Individual declarations will be maintained together in a register, which will be published on the Trust website.

 

It is the responsibility of Trustees to ensure that their declarations of interests are kept up to date at all times, and to amend or update them as necessary. At the start of each relevant meeting, Trustees will be asked to declare any interests in a matter included on the agenda.

 

Payments

 

Trustees will not receive any remuneration for their work as Trustees other than payment of all reasonable out of pocket travel, accommodation or other expenses legitimately incurred by them in connection with their attendance at meetings acting in the capacity of Trustees.

 

No Trustee may hold any interest in property belonging to the Trust.

 

CMAT Board Meetings

 

The Terms of Reference for the CMAT Board are attached at Appendix A

 

1. Local Governing Bodies (LGBs)

 

There is an LGB for each academy.. Each LGB constitutes a committee of the Trust.

The responsibilities of the LGBs are set out in detail in this scheme of delegation. In summary they include;

 

• Promoting and upholding the CMAT vision, values and ethos within the academy context
• Setting the vision, ethos and strategic direction of the academy in line with those of CMAT
• holding the academy leadership to account for the pupil outcomes and experiences in school,
• building an understanding of how the academy is led and managed
• monitoring whether the academy is working within agreed policies and meeting agreed targets
• engaging with stakeholders.

 

Financial decisions and control sit with the CFO, CEO and the Trust Board. The CMAT Summary of Financial Delegation is attached at Appendix D. This is subject to annual review.

 

The Terms of Reference for the LGB’s are attached at Appendix B.

 

As a committee of the Trust Board, delegation to an LGB can be removed at any time. Examples of when this may occur are:

 

• in response to a review of governance or an Ofsted inspection.
• An Ofsted inspection where there is a rating decline or an academy moves into a category of serious weakness or requiring improvement.
• A sudden or unexpected significant dip in the performance of an academy
• A significant safeguarding concern within an academy.

 

 

 

Emergency Powers

The Chair of the LGB, in consultation with the Principal of the relevant Academy will take appropriate action when a decision is needed urgently on behalf of the LGB and will report such urgent actions at the next available LGB meeting. In the absence of the Chair, the Vice Chair will exercise these powers.

 

Intervention

The LGB members have a responsibility to take appropriate action when there are weaknesses in the Academy. Where individual LGB Members have unresolved concerns about the running of the Academy or a proposed action, they should ensure that these concerns are brought to the attention of the Chair and recorded in minutes.

 

Code of Conduct – LGB Governor

 

All LGB members will be required to sign the Code of Conduct for LGB Governors as approved by the Board from time to time.

 

Breach of the Code or other conduct detrimental to the interests of the Trust or any academy within the Trust can lead to the Trust removing a LGB Governor.

 

All LGB members will be subject to the appropriate DBS and S.128 checks.

 

In particular, LGB Governors are public servants and as such must not use public monies or official business for personal benefit. The Governors should avoid obtaining goods and services that include elements of private use or accepting excessive hospitality from prospective suppliers. The Treasury rules about the receiving of hospitality and gifts should be followed together with full compliance to the CMAT Gifts and Hospitality Policy as these rules are there to protect staff and Governors. Governors should be aware that the Prevention of Corruption Act places the burden of proof on the recipient of favours.

 

 

Declarations of Interests

 

It is vital that Governors and staff act, and are seen to act, impartially. All members of the governing bodies are required to complete a declaration of their interests on a minimum annual basis. Individual declarations will be maintained together in a register. Any declarations must be published on the academy website.

 

 

It is the responsibility of Governors to ensure that their declarations of interests are updated  at all times. At the start of each relevant meeting, Governors(and staff in attendance) should be asked to declare any interests in a matter included on the agenda and withdraw from that part of the meeting.

 

Payments

 

LGB Governors will not receive any remuneration for their work as Governors, unless specifically approved by the Board and in accordance with the principles in the Department for Education’s Governance Handbook, other than payment of all reasonable out of pocket travel, accommodation or other expenses legitimately incurred by them in connection with their attendance at meetings acting in the capacity of Governor of the Academy.

 

No Governor may hold any interest in property belonging to the Academy. Nor may a Governor receive remuneration in respect of any contract to which the Academy is a party unless there is the prior approval of the Board.

 

Removal of an LGB

The Trust can remove an LGB at any time where it is in the best interests of an academy to do so. Examples of where this may occur are:

• there is insufficient progress being made against educational targets
• an adverse Ofsted judgement
• there has been a breakdown in the way the academy is managed or governed
• the safety of pupils or staff is threatened, including a breakdown in discipline.

Interim Boards

Where an LGB is removed by the Board, the Board may put in place an Interim Board (IB). The membership of the IB and its delegated powers will be as determined by the Board from time to time.

The main function of the IB will be to secure the governance of the academy and develop a sound basis for improvement. The IB will be in place until the CMAT Board is satisfied that the relevant performance problems have been rectified, and that the revised membership of the LGB is sufficiently competent to resume responsibility for the academy.

CMAT does not adopt a one size fits all approach and is committed to appointing IB’s  which are small, focused groups. Members will be chosen on a case by case basis in accordance with the needs of individual academies. 

 

Named LGB Governor Roles

 

Each LGB will appoint from among its members, individuals with the following specific responsibilities:

 

• a Governor responsible for Safeguarding
• a Governor responsible for SEND
• a Governor responsible for Pupil Premium
• a Governor responsible for Health and Safety
• a Governor responsible for Careers Provision (secondary academies only)

 

 

1. Chief Executive Officer (The Accounting Officer)

 

The CEO has delegated responsibility from the Board for the operation of CMAT including the performance of the Trust’s academies.

 

The CEO is responsible for the internal organisation, management and control of the Trust and the Academies, the implementation of all policies approved by the Trust and for the direction of teaching and the curriculum.

 

The CEO is the accounting officer so has overall responsibility for the operation of the Trust and its financial responsibilities and must ensure that the organisation is run with financial effectiveness and stability, avoiding waste and securing value for money.

  

The CEO leads the executive management team of CMAT. The CEO will delegate executive management functions to the executive management team as s/he thinks fit and is accountable to the Trust Board for the performance of the executive management team.

 

CFO Role – The CFO’s key areas of responsibility are set out in the Academy Trust Handbook published by the Department for Education. The CFO will be appointed by the Board in conjunction with the CEO.

 

 

Clerk to the Board

The Board will appoint a governance professional – not a Trustee, Principal or the Chief Executive as Clerk to the Board

 

 

1. Academy Headteacher/Principal

 

The Trust is responsible for the employment of the Headteacher/Principal in each academy.

 

The Academy Headteacher is responsible for the day to day management of the academy and is managed by the CEO. She / he reports to the LGB on the overall performance of the school, the progress of pupils and any other matters which have been delegated to the LGB.

 

Feedback is essential to enable the Trust to focus on continual improvement. The Academy Headteacher is responsible for organising annual staff, parent and student surveys with outcomes reported to the LGB and summary outcomes shared thereafter with the Board.

 

APPENDIX A

 

TERMS OF REFERENCE FOR THE BOARD

 

• The Board will meet at least 6 times a year, with meetings convened in accordance with the Articles of Association
• The Trust has entered into a Master Funding Agreement and Supplemental Funding Agreements with the Department for Education for the operation of four academies: Kempston Challenger Academy, Daubeney Academy, Lancot Academy and Springfield Academy
• The Board is accountable and responsible for ensuring that all the obligations of the Trust, as set out in those Funding Agreements are fully complied with in operation of its academies
• The Trust is a charity and the Board will ensure that the Trust operates in a way that will not adversely affect the Trust’s charitable status
• The Board will ensure that the Trust complies with its objects, articles and all relevant company law requirements
• The Board will approve the annual budget for the Trust and any significant revisions thereto
• The Board will approve the Annual Accounts and Statements
• In the event that the Trust enters a Service Level Agreement for any part of the running and/or operation of its academies, the Board will be responsible for overseeing that Agreement to ensure that it is fully complied with. Whilst the Board Committees are suspended, the Board shall assume the responsibilities of those committees which are Finance Risk and Audit Committee and Standards Committee, the Board will therefore:

 

Audit Functions

 

• • • provide an annual summary report provided by the internal auditor on areas reviewed by internal audit covering key findings, recommendations and conclusions

• maintain an oversight of the Academy Trust’s (AT’s) financial, governance, risk management and internal control systems.

• oversee the Trust’s risk register and, on the advice of the CEO/accounting officer and CFO, conduct a regular review of risks
• examine and review all systems and methods of control both financial and otherwise including risk analysis and risk management; and for ensuring the Trust is complying with the overall requirements for internal scrutiny, as specified in the Academy Trust Handbook.
• agree an annual programme of internal scrutiny with the Trust’s internal auditors for checking financial systems, controls, transactions and risks.
• ensure that the programme of internal scrutiny delivers objective and independent assurance.
• provide assurance that risks are being adequately identified and managed
• take a view on the adequacy and effectiveness of the Academy Trust’s systems of internal control and governance processes, securing economy, efficiency and effectiveness (value for money)
• consider the appropriateness of executive action following internal audit/internal scrutiny reviews and to advise senior management on any additional or alternative steps to be taken
• decide the appointment, reappointment, dismissal and remuneration of internal auditors
• determine the remuneration of the external auditors
• monitor the effectiveness of auditors
• review the findings of the external auditors and agree any action plan arising from it
• ensure there is co-ordination between internal audit and external audit and any other review bodies that are relevant
• ensure that additional services undertaken by the auditors is compatible with the audit independence and objectivity
• consider the reports of the auditors/scrutineers and, when appropriate, any material control issues.
• encourage a culture within the trust whereby each individual feels that he or she has a part to play in guarding the probity of the Trust, and is able to take any concerns or worries to an appropriate member of the management team or in exceptional circumstances directly to the Board of Trustees
• to recommend to the Members the appointment of the External Auditors

 

Finance Functions

 

• plan the budget and monitor spending, to ensure that pupils receive the best possible education in the best possible environment
• ensure the Trust complies with all requirements of the Funding Agreements, the Academy Trust Handbook and the Charity Commission
• oversee the solvency of the Trust and ensure the best use of resources
• Review the draft annual budget/3 year outlook and associated documents and any significant changes to it
• determine the financial priorities and strategy for the Trust, taking into account the Academy Improvement Plans and the Asset Management Plan
• Receive monthly management accounts including income, expenditure, cash flow, forecast of income and expenditure for the full year and balance sheet, ensuring sufficient rigour and scrutiny in the budget management process to understand and address variances between the budget forecast and actual income and expenditure of the Trust;
• review appropriate financial benchmarking data, in order to compare the schools’ financial performance with other similar schools
• ensure that funding from the ESFA and other sources is used only in accordance with any conditions attached
• Take action to ensure the ongoing financial viability of the Trust
• Agree the Financial Procedures Manual and any changes to it
• Review the annual report, financial statements and accounts
• Review the Trust’s financial delegation arrangements annually
• Monitor and update the financial policies and finance regulations of the Trust
• consider any other matters that will have a financial impact on the Trust and its academies
• determine any discretionary applications under the LGPS on behalf of the Trust
• annually review all on going contracts in excess of £25,000

 

Asset Management

• ensure that all assets are managed responsibly and used to the maximum benefit to the Trust to achieve best value
• ensure all legal and Government requirements are met in the disposal of any assets
• Ensure that condition surveys are in place and reviewed as necessary for each academy
• Review the 5 year asset management plan on a regular basis to ensure that all Trust premises are repaired and maintained in line with priority of need and compliance
• Review annual capital expenditure to ensure it is line with the 5 year asset management plan and that the Trust’s strategic aims are met
• review the Estates Strategy for the Trust at least termly
• if not in receipt of Schools Capital Allowance receive reports on bids made to the DfE within appropriate time frames

 

 

Compliance

• Oversight of procedures to ensure compliance across the main areas relevant to a multi academy trust including but not limited to: Health and Safety, Safeguarding, Equalities and GDPR
  • Receive updates on critical incident and business continuity planning
  • Receive accident and RIDDOR reporting
  • Receive updates on health and safety training
  • Receive reports on statutory compliance testing’
  • Receive reports on fire risk assessments
  • Receive assurance that all premises and buildings records are in place and up to date
  • Receive updates on Safeguarding and PREVENT
  • Ensure that statutory policies for academies are in place and that there is a programme for review
  • Receive an update annually on data protection arrangements in the Trust
  • Receive an update annually on the Trust’s adherence to the Equalities Act 2010

 

Standards

 

• ensure that the highest possible standards are set, particularly in terms of progress and attainment, and maintained in the Trust’s academies so that all CMAT schools are at least ‘good’ within the relevant Ofsted Criteria
• ensure that all academies have clear planning in place with robust evaluation procedures so that rapid improvement is achieved where needed and at least maintained
• identify areas of concern that need to be addressed and monitored by the Board as well as any monitoring occurring at Local Governing Body level
• receive and challenge annual academy improvement plans and monitor their implementation and impact. This may be through the relevant Local Governing Body or by direct report to the Board as appropriate
• consider and keep under review the impact and implementation of the Trust wide processes in place for the quality assurance of teaching and learning, inclusion and the sharing of good practice
• ensure that the Trust’s academies offer a curriculum that is balanced and broadly based
• receive and consider questions or concerns relating to standards or pupil development, behaviour and welfare from local governing body meetings

 

APPENDIX B

 

Terms of Reference for Local Governing Body (LGB)

 

Introduction

• As a charity and company limited by guarantee, CMAT is governed by a Board of Trustees who have overall responsibility and ultimate decision making authority for all the work of the Trust, including establishing and running of the schools within the Trust.
• The following schools are currently run by the Trust: Kempston Challenger Academy, Daubeney Academy, Lancot Academy and Springfield Academy
• The Trustees have established a Local Governing Body (LGB) in each school. The LGB shall be a committee established pursuant to the Articles of Association of the Trust.
• The Trustees may review these terms of reference at any time but shall review them at least annually.
• These terms of reference may only be amended by the Board of Trustees.

 

CONSTITUTION OF THE LGB

Governors of the LGB

Members of the LGB shall be known as “governors”. 

              The Trustees have the right to appoint such persons to the LGB as they shall determine from time to time

The LGB shall be comprised as follows:

1. Headteacher;
2. 1 staff governor by election of current staff at the school
3. 2 parent governors elected by parents of registered pupils at the school.
4. 3 community governors appointed by the Trustees.
5. Co-opted governors appointed by the Trustees

 

Term of office

• The term of office for any governor shall be up to 4 years, save the Headteacher of the school (as applicable) who shall remain a governor until he or she ceases to work at the school.
• Subject to remaining eligible to be a particular type of governor, any person may be re-appointed or re-elected to the LGB.

 

Appointment and removal of Chair and Vice Chair

• The Chair of the LGB shall be appointed by the Trustees and may be removed from office by the Trustees at any time. The Vice Chair shall be elected by the members of the LGB.
• The term of office of the Chair and Vice Chair shall be 2 years. Subject to eligibility as a governor, any governor may be re-appointed as Chair or Vice Chair of the LGB.

PROCEEDINGS OF THE LGB

Meetings

• The LGB shall meet at least once in every term and shall hold such other meetings as may be necessary.

Quorum

• The quorum for a meeting of the LGB, and any vote on any matter at such a meeting, shall be any three of the governors of the LGB.

Conflicts of Interest

• Any governor who has or may have any direct or indirect duty or personal interest (including but not limited to any personal financial interest, i.e. Trusteeship of a company) shall disclose that fact to the LGB as soon as he/she becomes aware of it. A person must absent him/herself from any discussions of the LGB in which it is possible that a conflict will arise between his/her duty to act solely in the interests of the school and any duty or personal interest (including but not limited to any personal financial interest).

Minutes of meetings

• At every meeting of the LGB the minutes of the last meeting shall be taken as the first agenda item after any apologies and, if agreed to be accurate, shall be signed as a true record.

DELEGATED POWERS

 

General principles

 

In the exercise of its delegated powers and functions, the  LGB governors shall:

1. ensure that the school is conducted in accordance with the objects of the Trust, the terms of any trust governing the use of the land which is used for the purposes of the school, any agreement entered into with the Secretary of State for the funding of the school and these terms of reference;
2. promptly implement and comply with any policies or procedures communicated to the LGB by the Trustees from time to time;
3. review its own policies and practices on a regular basis, in view of any advice or recommendations made by the Trustees;
4. work closely with the Trustees and act with integrity, objectivity and honesty in the best interests of the Trust and the school;
5. be open about decisions and be prepared to justify those decisions;
6. keep confidential all information of a confidential nature obtained by them relating to the school and the Trust; and,
7. adopt financial prudence in managing the financial affairs of the Trust in so far as these relate to the school and are delegated to them.

 

Key functions:

 

Summary of key functions: 

1. Monitor and be accountable for standards and report termly to the Board of Trustees through the Chief Executive.
2. Contribute to the school’s self-evaluation and understand its strengths and weaknesses
3. Provide challenge and hold the Headteacher and other senior leaders to account for improving the quality of teaching, pupils’ achievement and pupils’ behaviour and safety. Contribute to the Headteacher’s performance management through liaison with the CEO.
4. Use performance management systems to improve teaching, leadership and management.
5. Ensure solvency and probity and that the financial resources made available to the school are managed effectively
6. Operate in such a way that statutory duties are met and priorities are approved.
7. Engage with key stakeholders
8. Use the pupil premium and other resources to overcome barriers to learning, including reading, writing and mathematics
9. Govern exclusions in accordance with appropriate regulations.
10. Be a critical friend to the Headteacher.

 

• Each governor shall be required to take part in regular self-review and is accountable for meeting his own training and development needs. It is a governor’s responsibility to consider if, and raise any concerns where, (s)he feels that appropriate training and development is not being provided.

 

Levels of delegation

 

• The CMAT’s Scheme of Delegation document and the Articles of Association summarise what powers are delegated from the Trustees to the LGB. For the avoidance of doubt, where a power is not expressly delegated to the LGB, it will be deemed to have been retained by the Trust.
• The level of delegation may be reviewed by the Trustees at any time but shall be reviewed at least annually. Trustees reserve the right to remove or alter any delegation at any time, whilst having due regard to, but not being bound by, the views of the LGB.

 

APPENDIX C

 

SCHEME OF DELEGATION

 

DELEGATION OF PERSONNEL FUNCTIONS
KEY ü Action to be undertaken by this level   Function cannot be legally carried out at this level Level 1: Members Level 2: Board of Trustees/Chief Executive Level 3: Local Governing Body in conjunction with the Chief Executive Level 4: Headteacher Although decisions may be delegated, the Board of Trustees as a whole remains responsible for any decision made under delegation.
			Decision Level
Key Function	No	Tasks	1	2	3	4
Staffing	1	Appointment of Chief Executive		ü
	2	Appointment of Headteachers – school’s Chair of LGB to chair the recruitment panel and make appointment with Chair of Board’s and CEO’s approval.		ü
	3	Appointment of member leadership team (in line with agreed staffing structure)			ü	ü
	4	Appointment of other teachers  (in line with agreed staffing structure)				ü
	5	Appointment of support staff (in line with agreed staffing structure)				ü
	6	Transfer of staff within Trust (agreement between headteachers/CEO required on transition period and handover process)				ü
	7	Agree pay policy		ü
	8	Pay discretions for Chief Executive		ü
	9	Pay discretions for Headteacher		ü
	10	Pay discretions for member of leadership team			ü
	11	Pay discretions for other teachers			ü
	12	Pay discretions for support staff			ü
	13	Establishing disciplinary/capability procedures		ü
	14	Dismissal of Chief Executive   (Attendance at Dismissal meeting: At least 3 Trustees, another representative from the Trust, HR representative)		ü
	15	Dismissal of Headteacher   (Attendance at Dismissal meeting: At least 2 Trustees – Chair of Board of Trustees and Chair of LGB, another representative from the Trust, HR representative)		ü
	16	Dismissal of Leadership Team   (Attendance at Dismissal meeting: Headteacher and Chair of LGB with advice from HR and another representative from trust)			ü	ü
	17	Dismissal of other staff.   (Attendance at Dismissal meeting: Headteacher and Chair of Local Governing Body with advice from HR and another representation from trust). NB: Local governing body must act through dismissal committee			ü	ü
	18	Suspending Chief Executive   (Suspension process to include at least 3 trustees)		ü
	19	Suspending Headteacher   (Suspension process to include 2 Trustees: Chair of Board of Trustees and Chair of LGB, another representative from the Trust with advice from HR)		ü
	20	Suspending member of the leadership Team   (Suspension process to include: Headteacher and Chair of LGB with advice from HR and another representative from trust)		ü	ü	ü
	21	Suspending other staff   (Suspension process to include: Headteacher and Chair of Local Governing Body with advice from HR and another representation from trust)			ü	ü
	22	Ending suspension of Chief Executive		ü
	23	Ending suspension of Headteacher and member of leadership team		ü
	24	Ending suspension of other staff			ü	ü
	25	Determining dismissal payments/early retirement/redundancy payments		ü
	26	Determining staff structure		ü	ü

 

The LGB shall be responsible for the appointment and management of all other staff to be employed at the School provided that this is done in consultation with the Chief Executive, the LGB shall:

 

• comply with all policies dealing with staff issued by the Trustees from time to time;
• take account of any pay terms set by the Trustees;
• adopt any standard contracts or terms and conditions for the employment of staff issued by the Trustees;
• adopt appropriate and transparent procedures for the recruitment of staff;
• manage any claims and disputes with staff members having regard to and implementing where appropriate any advice and recommendations given by the Trustees;
• the LGB shall delegate to the Headteacher the appraisal of all staff and shall put in place procedures for the proper professional and personal development of staff.

 

 

 

Personnel policies and procedures

 

            The LGB must ensure that the School abides by the personnel policies and procedures determined by the Trust including:

 

• • pay and appraisal policies
  • Staff discipline, conduct and grievance procedures

 

            Staffing structure  

           

            The Headteacher must present to the Chief Executive annually by 31^st May a fully costed 3 Year Staffing Structure which must be no more than 80% of total pupil-led income (including pupil premium).

 

            As the Trust is the employer, the LGB should seek the consent of the Trustees of any change to the agreed staffing structure.  Any School seeking to change its agreed staffing structure must:

 

1. a) notify and seek the Chief Executive’s agreement of its intention and the merits of the proposed change in staffing.

 

                       

            Safeguarding

           

            The LGB must ensure that all safeguarding procedures are in place (i.e. recruitment and child protection)

           

            The LGB must ensure that the school central record (SCR) is up-to-date, maintained and is compliant. (i.e. every employee has a current enhanced DBS)

            The LGB must ensure that every employee is eligible to work in the UK.

 

DELEGATION OF KEY FUNCTIONS
KEY ü Action to be undertaken by this level   Function cannot be legally carried out at this level Level 1: Members Level 2: Board of Trustees Level 3: Local Governing Body in conjunction with the Chief Executive Level 4: Headteacher in conjunction with the Chief Executive Although decisions may be delegated, the Board of Trustees as a whole remains responsible for any decision made under delegation.
			Decision Level
Key Function	No	Tasks	1	2	3	4
Governance	1	Approve Trust Articles of Association	ü
	2	Approve Members’ Terms of Reference	ü
	3	Appoint and Remove Trustees	ü
	4	Appoint and Remove Chair of LGB		ü
	5	Approve Board Terms of Reference		ü
	6	Approve LGB Terms of Reference		ü
	7	Approve Audit/Pay Committees Terms of Reference		ü
	8	Approve Trust’s Scheme of Delegation		ü
	9	Approve schools joining the Trust		ü
Central Services	10	To determine the scope and charge of mandatory core services to be delivered by the Trust on behalf of its Schools		ü
	11	To identify those additional services to be procured on behalf of individual schools		ü
	12	To ensure centrally procured services provide value for money		ü
	13	To ensure Trust website is up-to-date and adheres to all statutory requirement via Central Team		ü
Curriculum	14	To develop a curriculum policy within the framework of the Trust’s overall strategic intents			ü	ü
	15	To implement curriculum policy			ü	ü
	16	Responsibility for standards of teaching		ü
	17	Accountability for standards of teaching			ü	ü
	18	Responsibility for individual child’s education		ü
	19	Accountability for individual child’s education			ü	ü
	20	Provision of sex education – to establish and keep up to date a written policy within Trust’s framework			ü	ü
	21	To prohibit indoctrination and ensure the balanced treatment of controversial issues	ü	ü	ü	ü
	22	To establish a charging and remissions policy for activities		ü
	23	To implement the charging and remissions policy			ü	ü
Performance Management	24	To establish an appraisal policy		ü
	25	To implement the appraisal policy			ü	ü
	26	To review annually the appraisal policy		ü
Target setting	27	To propose targets for pupil achievement (Chief Executive and Headteacher)				ü
	28	To agree targets for pupil achievement			ü
	29	To monitor pupil achievement against targets		ü	ü
	30	Responsibility for pupil outcomes		ü
	31	Accountability for pupil outcomes			ü	ü
Behaviour	32	To develop a behaviour policy within the Trust’s framework			ü	ü
	33	To implement the behaviour policy			ü	ü
Admissions	34	To consult before setting an admissions policy		ü
	35	Setting an admission policy		ü
	36	Admissions: application decisions			ü	ü
	37	To appeal against LA directions to admit pupil(s)			ü	ü
Religious Education	38	Responsibility for ensuring provision of RE in line with the school’s curriculum policy			ü	ü
Collective Worship	39	To ensure that all pupils take part in a daily act of collective worship			ü	ü
	40	To make application to the advisory councils, SACRE, concerning the requirements for collective worship (school without a religious character) to dis-apply.			ü	ü
Premises & Insurance	41	Buildings insurance and personal liability			ü	ü
	42	Developing the Trust’s buildings programme		ü
	43	Implementing the school’s building programme			ü	ü
	44	Maintaining buildings, including developing properly funded maintenance plan			ü	ü
Health & Safety	45	To develop a health and safety policy within the Trust’s framework.		ü
	46	To ensure that health and safety regulations are followed			ü	ü
	47	To implement the Trust’s Health and Safety Policy			ü	ü
School Organisation	48	To publish proposals to change category of school		ü
	49	To set the times of school sessions and the dates of school terms and holidays		ü
	50	To ensure that the school opens for pupils for 380 sessions in a school year			ü	ü
Information for Parents	51	To ensure school website is up-to-date and adheres to all statutory requirement			ü	ü
	52	To ensure provision of free school meals to those pupils meeting the criteria			ü	ü
	53	Adoption and review of home-school agreements			ü	ü
Policies	54	To determine, on an annual basis, those policies which will be developed by the Trust and mandatory for all Trust schools		ü
	55	To ensure copies of all CMAT policies and procedures are disseminated to staff and implemented.			ü	ü
Exclusions	56	Power to exclude				ü
	57	To consider an exclusion			ü
Personnel and staffing	58	For the delegation of personnel and staffing functions please refer to personnel functions

 

Key

Level	Responsible Individual or Group
1	Member Level
2	Challenger Multi Academy Trust Board Level
3	Local Governing Body Level in conjunction with the CEO
4	Headteacher/Principal Level (in conjunction with the CEO

Governance

 

No.	Task	1	2	3	4
1	Appoint and remove members	P
2	Appoint Board committee members		P
3	Appoint and remove chair and vice chair of the Board		P
4	Appoint and remove Board committee chairs		P
5	Appoint and remove clerk to the Board		P
6	Appoint and remove clerk to LGB			P
7	Complete skills audit and recruit to fill gaps		P
8	Confirm the chair of academy local governing body, appoint LGB community governors and LGB co-opted governors		P
9	Election arrangements LGB staff and parent governors			P
10	Agree annual schedule of business for trust Board		P
11	Determine Trust wide policies which reflect the Trust’s ethos, values and aims		P
12	Suspend and/or dismiss LGB governing body members		P
13	Set up and publish register of members’, trustees’ and governors’ business and pecuniary interests		P
14	Set up and approve trustees’ and governors’ expenses scheme		P
15	Appointment of External Auditors	P
16	Replace a Local Governing Body with an Interim Board as a temporary measure		P
17	Review performance of Trust Board and Board committees against CMAT strategic plan(s) and any other agreed criteria		P

 

Finance

 

No.	Task	1	2	3	4
1	Appoint CFO		P
2	Agree Scheme of Financial Delegation		P
3	Monitor CMAT and academy budgets		P
4	Approve financial and procurement policies and ensure in line with the Academies handbook		P
5	Receive and respond to annual audit report		P
6	Maintain accurate, reconciled and up to date records to provide financial and statistical information for each academy				P
7	Ensure disposal of assets complied with relevant procedures and Academies Trust Handbook		P
8	Ensure a system of internal control is in place		P
9	implement internal control recommendations		P
10	Ensure appropriate insurance arrangements are in place		P
11	Ensure academy budgets are in line with academy improvement plans			P	P
12	Agree top slice		P

  

Risk Management

No.	Task	1	2	3	4
1	Ensure appropriate risk management policies are in place		P
2	creation of trust wide risk register including Board assurance		P
3	review of trust wide risk register including Board assurance		P
4	creation of academy risk register – maximum 5 key risks			P	P
5	review of academy risk register			P	P
6	Develop academy business continuity plan (CMAT format)			P	P
7	Approve academy business continuity plans			P	P
8	Monitor implementation of academy business continuity plans		P	P	P
9	Strategic Trust Wide Continuity Plan		P
10	Approval of residential trips		P

 

APPENDIX D – FINANCIAL DELEGATION

 

CMAT SUMMARY OF FINANCIAL DELEGATION

 

Approved by the Board of Trustees in October 2021 and to be reviewed annually.

All transactions in excess of the limits shown must be approved by the Trust Board

	Tender considered (including review of OJEU threshold) and if no tender carried out, documented reasons as to why not deemed applicable.	Approval by the Board of Trustees	Approval by the Finance, Risk and Audit Committee* FRAC Responsibilities have been assumed by the Board – decision to be reviewed quarterly	Approval by CEO or CFO	Approval by Headteacher (as long as the school is within the set Budget)	Minimum of 3 quotes obtained, or, on the rare occasion this may not be applicable documented approval from CEO or CFO to proceed.
Transactions up to £10,000					X
Transactions up to £50,000				X		X
Transactions up to £100,000	X		X
Transactions over £100,000	X	X
Write offs up to £5,000					X
Write offs up to £50,000				X
Write offs over £50,000			X
Write offs over £100,000		X

 

To note:

• Headteachers are responsible for managing the school budget.
• Accountability will be held through monitoring the monthly management accounts for each school. Where the total school budget is exceeded this will be raised to the Board who will consider the relevant course of action including disciplinary procedures if appropriate.
• Any spend over £10,000 must be approved by CEO or CFO or the Board as per above, however, it remains the Headteachers responsibility to ensure this is within the budget, and the school has the appropriate cash flow to meet the liability as it falls due.
• For leases or contracts over a number of years, the total of the payments should be added up and considered against the parameters above (e.g. a 5 year lease of £6,000 per year = £30,000 and therefore requires CEO or CFO approval)
• Under no circumstances should finance leases be entered in to. As per the Academy Trust handbook, these require Secretary of State approval.
• Prior to any recruitment, Headteachers must ensure the school is within its staff costs budget. For teaching staff Headteachers should ensure that staff costs are in line with curriculum financial planning principlesand for support staff, Headteachers should use the benchmarking services provided by the DfE to ensure costs are justifiable.
• If a person is off on long term absence (e.g. due to illness) then the person acting in to the role will adopt the commensurate discretions of the role they are acting in to.
• Payroll is outside the above discretions and headteachers are empowered to sign off the payroll reports subject to compliance with the payroll procedures.