GOVERNANCE STRUCTURE; CHALLENGER MULTI ACADEMY TRUST
|Board of Trustees|
|Standards||Finance Risk, Audit,|
Kempston Federation Cluster Committee
|KCA Local Governing Body||Daubeney Local Governing Body||Lancot
Local Governing Body
|Springfield Local Governing Body||The Deanes Local Governing Body||Westborough Local Governing Body||Hadleigh Junior Local Governing Body|
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 various boards, committees and key posts. The significant roles and responsibilities within the organisation are as follows;
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.
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;
Because trustees are bound by both charity and company law, the terms “trustees” and “directors” are used interchangeably.
The CMAT board is permitted to exercise all the powers of the academy trust. The trustees can delegate certain governance functions and these are set out in this scheme of delegation. 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 in section 5 below. Delegations are reviewed annually in any event.
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 Academies Financial 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 trust board. The CEO is responsible for the performance management of the academy headteachers but will seek contributions from representatives of the local governing boards to this process.
In addition to the CEO, the Trust has a Chief Financial Officer (CFO) who reports to the CEO and the board. The CFO’s key areas of responsibility are set out in the Academies Financial Handbook published by the Department for Education
The trustees have established two committees with the purpose of providing advice and support and informing the overall work of the trust board. The trust board retains overall accountability and responsibility for any matters dealt with by committees. The responsibilities of the board committees are set out in their terms of reference. The trust board appoints committee members and chairs. No trustee employed by the Trust will act as Chair of a committee. Non trustees can be appointed to committees, but Trustees must be in the majority (with the exception of local governing bodies)
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, teachers, staff and parents. Our aim is to see them 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 Trust (which is a charitable company limited by guarantee as per Companies Act of 2006).
Trustees have full responsibility for the Trust and must:
In managing the Trust’s finances, Trustees must:
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.
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, as these rules are there to protect Trustees.. A register will be maintained to record hospitality and gifts received. This should record, as a minimum, the name of the organisation that gave the hospitality/gift, the date it was received, its nature and approximate value.
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. 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.
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 Board of Directors will meet as required, with a minimum of 3 meetings year. Meetings will be convened and conducted in line with the Articles of Association).
Kempston Federation Committee
Terms of reference to be drafted by suggested to cover:
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;
Financial decisions and control sit with the CFO, CEO and the trust board.
The responsibilities of any LGB within the Trust may vary from those of other LGBs within the Trust. Responsibilities and delegations can be varied at any time by the Trust.
As a committee of the trust board, delegation to an LGB can be removed at any time. Examples of when this may occur are:
Constitution of LGB
An LGB will comprise up to 12 members and will include:
The Academy will make arrangements for the election of staff and parent governors.
Term of Office
The term of office for an LGB Governor will be 4 years.
An LGB will meet at least six times a year. The draft minutes and actions arising from the LGB will be made available to the Trust Board Clerk within 14 days of the end of each respective meeting.
The CEO in consultation with the Chair of the Board must also confirm the election of the Chair of each LGB annually, following nomination by each LGB. No staff member employed by the Academy will act as Chair of an LGB.
The quorum will be one third of the LGB members in post. No business can be conducted at any meeting unless a quorum is present
Seven days’ notice must be given prior to the meeting to all LGB members unless there are matters of sufficient urgency to be considered that the Chair of the LGB consents to shorter notice
The LGB will appoint a Clerk to the LGB, who will be someone other than a Governor or the Principal of the Academy.
Any three Governors may call an additional meeting via notice to the Clerk to the LGB. Any such meeting should be convened as soon as is reasonably practicable.
The LGB will nominate the Chair and Vice Chair to the CEO for approval. The Chair and Vice Chair will serve one year and will be eligible for re nomination.
If the position for Chair or Vice-Chair becomes vacant during the year, the LGB must nominate a new Chair/ Vice-Chair at their next meeting.
CMAT may remove and replace the chair of an LGB where it is in the best interests of the academy to do so. Examples of where this may happen are:
The CMAT central team will manage the process of removing and replacing the chair. The team will work with the remaining members of the LGB body in order to identify an effective replacement.
The main function of removing and replacing a chair will be to secure the governance of the academy and develop a sound basis for improvement. The newly appointed chair will remain in place until the CMAT Board is satisfied that the relevant performance problems have been rectified, and that the LGB is sufficiently competent to resume responsibility for appointing its own chair.
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.
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.
Conduct 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 (this will be based on the NGA Code of Conduct- this is usually updated in the summer so the latest version will be used.
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 with the exception of payment to a LGB Governor to act as such where this has been approved by the Board. 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, as these rules are there to protect staff and Governors. A register will be maintained to record hospitality and gifts received. This should record, as a minimum, the name of the organisation that gave the hospitality/gift, the date it was received, its nature and approximate value. 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. Individual declarations will be maintained together in a register. Any declarations must be published on the academy website
Where a Governor has any interest, either pecuniary or non-pecuniary, in a matter to be discussed at a Board meeting the governor or member of staff must declare their interest and withdraw from that part of the meeting.
It is the responsibility of Governors 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 Governors should be asked to declare any interests in a matter included on the agenda.
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:
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 IA’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:
the nominated governor should:
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 academy 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.
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 chief executive officer. 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.
SCHEME OF DELEGATION
|Level||Responsible Individual or Group|
|2||Challenger Multi Academy Trust Board Level|
|3||CEO/Accounting Officer Level/Central Team|
|4||Local Governing Body Level|
|5||Headteacher Level (the Headteacher will not perform all these tasks – some will be delegated to the appropriate member of staff; however the Headteacher is accountable for these actions|
ARCI – new for this draft
The grids below only include tasks that involve the LGB or Headteacher. To see the full version, please refer to the complete Scheme of Delegation.
Below each section are some questions/tools that LGB members can refer to. They will not all be relevant and regard needs to be had to a school’s particular context. It is hoped that the questions and prompts will help LGBs in planning their work for the year.
|KEY Function 1 – Governance|
|8||Appoint and remove clerk to LGB||A R||C||C|
|9||Approve Changes to Articles||A R|
|10||Approve the CMAT governance structure,||A||R||C||I|
|11||Approve terms of reference for trust committees||A||R||C||I|
|12||Approve changes to the scheme of delegated authority||A||R|
|14||Confirm the chair of academy local governing body||A R||C|
|15||Election arrangements staff and parent governors||A||R||I|
|21||Review and revise trust and academy governance details on academy website||A||R|
|23||Set up and publish register of members’, trustees’ and governors’ business and pecuniary interests||A||R|
|24||Set up and approve trustees’ and governors’ expenses scheme||A||R|
|31||Remove and replace the chair of a local governing board (see footnote re removal and replacement of chairs)||A||R|
|33||Review performance of academy governing body against academy development plan and any other agreed criteria||A||R|
LGB Evaluation tools/questions
|Key Function 2 – Strategy|
|2||Agree Academy’s vision and strategy, which must be consistent with the Trust’s vision and strategy, agreeing key priorities and key performance indicators, which must be consistent with those of the Trust, against which progress towards achieving the vision can be measured||C||A||C I|
|3||Format for AIP||A R|
|4||Drafting AIP||C||C||A R|
|6||Format for SEF||A R||I|
|7||Drafting SEF||A R|
|9||Format for HT Reports||A R|
|10||Format for monitoring AIP||AR||C||I|
|11||Monitoring AIP at least termly||A||R|
|Key Function 3 – Finance|
|4||Agree Headteacher Remuneration||A R||C||I|
|6||Draft academy budget plan, in line with academy priorities||C||A|
|8||monitor academy budgets monthly to ensure in line with AIP and approved budget||A R||R||R|
|10||Authorise expenditure/contracts up to £250||what is the current position on this?|
|11||Authorise expenditure/contracts £251 – £25,000|
|12||Authorise expenditure/contracts over £25,000||A R|
|14||maintain accurate, reconciled and up to date records to provide financial and statistical information for each academy||A R||R|
|15||establish and maintain asset registers||A R||R|
|16||ensure disposal of assets complied with relevant procedures and AFH||A||R|
|17||ensure a system of internal control is in place||A||R||I|
|18||report and implement internal control recommendations||A||R||R||R|
|19||Ensure appropriate insurance arrangments are in place||A||R|
|20||Ensure academy budgets are in line with academy improvement plans||A||R||R|
|21||Ensure virements between budget headings are compliant with financial procedures||A||R|
|22||Review virements between budget headings||A||R|
Key financial decisions rest with the Central Team and the Board. The LGBs have an important role in monitoring expenditure and its impact
|Key Function 4 – Risk Management|
|1||Ensure appropriate risk management policies are in place||A||R||R|
|4||creation of academy risk register – maximum 5 key risks||C||A||R|
|5||review of academy risk register||C||A||R|
|6||Develop academy business continuity plan (CMAT format)||C||A R|
|7||Approve academy business continuity plans||A||R||R|
|8||Monitor implementation of academy business continuity plans||A||R||R|
|Key Function 5 – Academy Improvement/Curriculum|
|1||Ensure academy curriculum meets statutory requirements and is consistent with the ethos of the trust||C||A||R|
|2||set academy targets for pupil progress and attainment||A||C R||C R|
|3||monitor and evaluate progress and attainment trust data for all pupils, including all groups||A||R||R||R|
|4||monitor and evaluate progress and attainment academy data for all pupils, including all groups||R||A R||R|
|5||monitor and evaluate the impact in the academy of dedicated funding streams such as pupil premium and sports premium||R||A R||R|
|6||monitor and evaluate academy standards of teaching and learning||A||R||R||R|
|7||monitor and evaluate pupil behaviour development and welfare in the academy||C||A||R|
|8||monitor provision of careers advice||A||R||R|
|9||appoint a SEND governor||A R||R|
The questions listed below cover a several topics. It is not intended as a complete list. They need to be considered in the context of the individual school and its identified improvement priorities. They have come from a range of governance resources and take some account of the 2019 Ofsted Framework. LGBs working with Headteachers may want to have a ‘pick and mix’ approach, with the LGB taking into account:
Quality of Education Questions – general
Intent (general – see subsets below)
Implementation (General see subset below)
|Key Function 6 – Staffing|
|1||Appointment and dismissal of headteachers||A R||C|
|2||Participate in appointment of headteachers||A R||C|
|3||Appointment and dismissal of deputy headteachers and other senior academy staff||R C||A||C|
|4||Participate in the selection processes for deputy headteacher & other senior staff||R||A||R|
|6||Agree academy staffing structure||A R||R||R C|
|8||Appointment and dismissal of all academy staff except headteacher||C||A R||R|
|10||Approve staff, HR, pay, performance and disciplinary policies||A||R||I||I|
|11||implement staff, HR, pay, performance and disciplinary procedures||A||R||R|
|12||Approve changes to academy staffing structure (within agreed budget)||C||A||R|
|13||Approve changes to academy staffing structure (outside agreed budget)||A||R|
|Key Function 7 – Performance Management and Welfare|
|2||Performance management of headteachers||I||A R||R||C|
|4||Suspension of a headteacher||A R||C|
|6||Suspension all academy staff except headteacher||C||C||AR|
|7||Approval of dismissal payments / early retirement||A||R|
|8||Agree academy performance management and pay progression procedures||A||R||C||C|
|9||ensure academy pay progression decisions take account of pupil outcomes||A||C||R||R|
|Key Function 8 : Behaviour and Attitudes/ Personal Development/Exclusions|
|1||Approve behaviour policy checklist||A||R||I||I|
|2||Approve behaviour policy based on checklist||A||R|
|3||draft behaviour policy||AR|
|4||Review exclusions in line with the relevant legislation and statutory guidance||A||R|
|5||monitor rewards and sanctions||A||R|
|6||Appointment to Pupil Discipline Committee panels if insufficient LGB memberstt||A||R|
|7||monitor the support given by the academy to the welfare and development of pupils||A||C||R||R|
|KEY FUNCTION 9 : Admissions|
|1||draft academy admission policy||A||R|
|2||Agree academy admissions policy||A R||C||R||R|
|3||Consult on admissions policy||A||R|
|4||admit over PAN||C||A||R|
|KEY FUNCTION 10 – PREMISES AND INSURANCE|
|2||Approve premises related policies||A||R||R|
|3||Develop and approve academy maintenance strategy||A||R||C||C|
|KEY FUNCTION 11 – HEALTH AND SAFETY|
|2||Approve academy health and safety policy based on model policy||A||R|
|3||collate academy health and safety statistics||A||I||R|
|4||monitor health and safety in the academy termly||A||R|
|6||Approval of academy visits and residential trips||A||R||R|
|KEY FUNCTION 12 : ACADEMY ORGANISATION|
|1||Approve times of academy day and dates of academy terms and holidays||C||A||R|
|2||Ensure that LGB meet a minimum number of sessions in a school year||R||A||R|
|KEY Function 13: academy meals|
|1||Ensure school lunch nutritional standards are met||A||R||R|
|2||Ensure provision of free meals to those pupils meeting the criteria||A||R||R|
|KEY FUNCTION: EXTENDED PROVISION|
|1||Decide whether to offer additional activities and what form these should take||C||A||R|
|2||Put in place and ensure delivery of services to be provided (incl insurance, risk assessments etc)||A||R|
|3||Monitoring of extended provision||A||R|
|4||Cease any aspect of extended provision||C||A||R|
|KEY FUNCTION: SAFEGUARDING and PREVENT|
|1||complete and maintain single central record||A||R||R||R|
|2||appoint safeguarding governor for LGB||I||A R|
|4||receive annual safeguarding report and termly updates from safeguarding governor||A R||R|
|5||Ensure regular training for Trustees||A||R|
|6||Ensure regular training for LGB members||R||A||R|
|7||Safeguarding and PREVENT to be a standing agenda item for LGBS||A R||R|
LGB tools/ questions
|KEY FUNCTION Stakeholder engagement|
|1||Annual staff survey||A||R|
|3||Student/pupil council feedback to LGB||A||R|
|KEY FUNCTION Public Relations|
|2||School based materials||A||R|