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Governance Structure

The Board of Trustees of the Brighter Futures Academy Trust is required to approve a Governance structure for the Trust on an annual basis.

The governance structure must be:

  • Compliant with DfE requirements, company and charity law
  • scalable and so adaptable to growth or change in the Academy Trust
  • capable of being serviced by the Trustees of the Academy Trust and members of the Local Governing Body

2. Rationale

The proposed structure meets the minimum requirements stated in the Academies Financial Handbook (a Board of Trustees and a Finance (Resources) Committee) and the Articles of Association, which require a Local Governing Body for the Academy.

In addition it is proposed to have Committees for, Admissions, Discipline (Exclusions) Performance Management and Appeals, which service the needs of the Academy. There will also be a Family Committee for consultative purposes and to elect Family Trustees.

3. Delegated powers

Brighter Futures Academy Trust has a strategic role in the running its Primary Schools.

The Academy Trust may (subject to the Articles of Association) delegate to any Committee (this includes the Local Governing Body),any Trustee holding an executive office, or to the Head Teachers such of their powers or functions as they consider desirable to be exercised by them.

The Academy Trust has approved a Scheme of Delegation defining the powers and functions that are reserved for the Board and its Committees, which is set out below.

Any delegated decision must be reported to the next full Trustees’ meeting but a decision taken under delegated powers is binding and immediately effective.

In exercising its strategic role, Brighter Futures Academy Trust Board will retain exclusive responsibility for the following:

4. Powers Retained by the Trust Board

4.1   Ensuring compliance with the Trust’s duties under Company Law and Charity Law and agreements made with the DfE, including the Funding Agreement, and the Deed of Gift

4.1.2   The determination of the educational character and mission of the schools

4.1.3   Ensuring the solvency of the Academy Company and Charity, safeguarding its assets and delivering its charitable outcomes

4.1.4   The appointment or dismissal of the Executive Head Teacher and Head Teachers (where appointed)

4.1.5   Ensuring the continued charitable status of the Company

4.1.6   Setting key strategic objectives and targets and reviewing performance against these

4.1.7   Determination of the establishment, constitution, membership, proceedings and delegated powers and functions of the Governing Body and committees and their annual review and revision

4.1.8   The approval of Academy Trust policies, not delegated to the Local Governing Body or Resources to include Admissions and Child Protection

4.1.9   The approval of annual estimates of income and expenditure for the Academy at the beginning of the academic year

4.1.10   To approve the appointment/resignation of the auditors for the Trust on an annual basis

4.1.11   The approval of the Trust year end accounts

4.1.12   Entering into all contracts on behalf of the Trust

4.1.13   To authorise expenditure or income over the value of £10,000

4.1.14   To authorise the opening of a bank account

4.1.15   To approve the pay structure for the Trust

4.1.16   To monitor the standards and progress of pupils at each school

5. Relationship between the Academy Trust, the Local Governing Body and the Committees

5.1   The Academy Trust Board will delegate power to the Local Governing Body and supporting committees

5.2   The Local Governing Body will have delegated power to monitor the role of the Academy at an operational day to day level and review:

  • the management and organisation of the Academy
  • the implementation of the decisions of the Board and the Head Teachers
  • the implementation of policies monitoring pupil welfare and behaviour
  • the implementation of policies approved by the Board
  • the implementation of all extended school activities

The Local Governing Body will report to the Board on decisions and will also provide advice and make recommendations to the Board on issues.

5.3   Every meeting of the Local Governing Body will consider the curriculum, pupil welfare, site issues and extended school issues as standing agenda items.

5.4   Finance issues which require further detailed consideration will be referred by the Local Governing Body to the School Business Manager who will consult with the Head Teachers to determine whether the matter is referred to the Resources Committee.

5.5   It is not proposed that the Local Governing Body will have any standing sub-committees. However it may be necessary from time to time by agreement with the Chair person to establish a single purpose working party of the Governing Body in order to deal with an issue that cannot be dealt with adequately by the Governing Body in one of its scheduled meetings. Any such working party will be disbanded as soon as its work is complete.

5.6   The ‘normal’ termly schedule of meetings should commence with the Academy Trust Board, and then to follow by the Local Governing Body in the first half of the term, followed by the Resources Committee, then the Standards Committee and then the Board towards the end of term. This allows action and decisions made by a Governing Body or Committee to be reported to the Board as required by the Articles of Association and within a termly cycle.

5.7   Meetings for the other committees will be scheduled as the need arises.

5.8   The supporting committees will report directly to the Trust board, but will support the work of the Local Governing Body.

5.9   The committees that will report directly to the Academy Trust are the Resources, Standards, Admissions, Discipline, Appeals and Performance Management Committees.

  • The Resources committee will be responsible for all finance and personnel related matters
  • The Standards committee will be responsible for all attainment and progress related matters
  • The Admissions committee will be responsible for all admissions that are not referred to the full Governing Body Board
  • The Discipline committee will deal with all student behavior issues and any staff discipline issues in relation to the Executive Head Teacher and Head Teacher (where appointed)
  • The Appeals committee will deal with any appeals from staff/pupils or the public
  • The Performance Management committee will deal with the performance management for the Head Teachers
  • The Terms of Reference for each committee will be reviewed at the first meeting of the committee in the new academic year cycle. These will then be presented to the board for approval
  • Each committee must have a Chair and must have a minimum of 3 members to be quorate

The membership of each committee must always include a majority of Trustees except in the case of the Local Governing Body and Family Committee.

6. Constitution

6.1 The Trust will have Directors, made up as follows;

  • 3 Community Trustees
  • 3 Academy Trustees
  • Executive Head Teacher
  • 3 Parent Trustees (elected by the Family Committee)
  • Up to 3 Co-opted Trustees
  • any Additional Trustees (if appointed by the Secretary of State)
  • Up to 2 Trustees, if appointed by the Secretary of State in accordance with the terms of any of the Relevant Funding Agreements following the provision of a notice by the Trust to terminate that Relevant Funding Agreement

6.2   The Directors will be known as Trustees. Non Trustees will be known as Governors.

6.3   The Executive Head Teacher can attend all meetings of any committee established by the Trust but in some instances this may only be in an advisory capacity. When an issue is being discussed which directly affects the Executive Head Teacher he/she must, as with any other Trustee/Governor in a similar position, declare an interest and physically withdraw from the meeting.

6.4   The legal minimum quorum for committee meetings is four voting Trustees/Governors.

6.5   Associate members may be appointed to a committee by the Trust Board and may be given voting rights. However, a majority of the members serving on the committee must be Trustees, except in the case of the Local Governing Body and Family Committee.

6.6   No vote on any matter shall be taken at a meeting of a committee of the Trustees, unless the majority of members of the committee present are Trustees except in the case of the Local Governing Body or Family Committees.

6.7   The appointed Clerk will undertake the clerking of the Committee.

6.8   The minutes shall be included as an Agenda item for consideration at the next meeting of the full Board where appropriate.

6.9   All decisions made by Committees with delegated powers must be reported to the next full meeting of the Board. If the minutes are not finalised a brief statement of the conclusions reached should be given.

6.10   The Chair of the Local Governing Body and the Chair of each Committee will be appointed at the first Committee meeting of the academic year.

6.11   All Trustees/Governors are encouraged to attend training regularly and review training needs annually. This training will be arranged by the Academy

6.12   The term of office for any Trustee or Governor shall be 4 years, save that this time limit shall not apply to the Executive Head Teacher. Subject to remaining eligible to be a particular type of Trustee, any Trustee or Governor may be re-appointed or re-elected.

7. Local Governing Body

The terms of reference for each committee is attached as Appendix 1

7.1 Purpose

The Local Governing Body will be responsible for the operational day to day running of the academy to include

  • the management and organisation of the Academy in line with the School Development Plan and Cohort Plans
  • the implementation of decisions of the Academy Trust Board and the Executive Head Teacher
  • the implementation of policies approved by the Board to include, but not exclusively:
  • Pupil welfare
  • Behaviour and Anti-Bullying
  • Attendance
  • Curriculum
  • Teaching and Learning
  • Assessment
  • Inclusion
  • Parent and Pupil Voice
  • Uniform
  • Medical
  • Sex Education
  • RE
  • Health and Safety of the site
  • Implementation of all extended school activities

7.2 Membership

7.2.1   The membership of the Local Governing Body will be agreed on an annual basis

7.2.2   The Executive Head Teacher is an ex officio member of the Local Governing Body

7.2.3   The membership for the 2013/14 academic year shall be:

  • One Community Trustee
  • The Executive Head Teacher (ex-officio)
  • One Parent Trustee
  • Two staff Governors
  • Up to four family Governors
  • Up to one Co-opted Governor

7.3. Attendance at Local Governing Body meetings

7.3.1   Any Trustee may attend meetings of any of the Academy Trust, Local Governing Bodies and Committees.

7.3.2   The Local Governing Body may invite attendance at meetings from persons who are not Trustees/Governors to assist or advise on a particular matter or range of issues, including parents and members of Academy staff.

7.4. Quorum

7.4.1   The quorum is two Trustees plus two Governors who are members of the Local Governing Body.

7.5 Voting at Local Governing Body meetings

7.5.1   Only members of the Local Governing Body may vote at its meetings

7.5.2   The Chair will have a casting vote

7.6. Appointment of Chair

7.6.1   The Chair of the Local Governing Body will be elected on an annual basis at the first meeting of the Board of Trustees in the autumn term or at the first meeting of the Local Governing Body

7.6.2   No Trustee/Governor who is employed by the Academy Trust will act as Chair to the Local Governing Body.

7.6.3   In the absence of the Chair the Local Governing Body will elect a temporary replacement from among the Trustees/Governors present at the meeting subject to 7.6.2 above

7.7. Clerk

7.7.1   The clerk of the Local Governing Body will be specifically appointed to serve the Governing body. The secretary of the company will not normally undertake this role

7.7.2   In the absence of the clerk the Local Governing Body will appoint a replacement clerk for the meeting.

7.7.3   The clerk will circulate an agenda and papers for each meeting at least a week before the Local Governing Body meeting.

7.8. Recording and reporting the proceedings of Local Governing Body meetings

7.8.1   The clerk will record attendance at meetings. Issues discussed and recommendations for decisions will be recorded. The written record will be forwarded by the clerk to the Local Governing Body to the clerk to the Board of Trustees in sufficient time for it to be included in the agenda and papers for the next meeting of the Board of Trustees. This is to meet the statutory requirement to provide information to the whole Board of Trustees and to seek ratification of decisions and recommendations.

7.8.2   The Chair of the Local Governing Body will be responsible for giving an oral summary of the Governing Body’s deliberations at meetings of the Board of Trustees.

7.9. Frequency of meetings and programme of work

7.9.1   The Local Governing Body will meet as often as is necessary to fulfill its responsibilities and at least once each term.

7.9.2   The Chair of the Local Governing Body should meet with the Academy Trust Chair and the Executive Head Teacher of the Academy to plan the Local Governing Body’s work in relation to the development plans of the Academy Trust.

7.10 Review Date

7.10.1   This Committee’s meeting arrangements and terms of reference will be reviewed annually.

8. Strategic Resources Committee

8.1 Purpose

To assist the decision making of the Trustees, by enabling more detailed consideration to be given to the best means of fulfilling the Board of Trustee’s responsibility to ensure sound management of the academy’s finances, premises and resources, including proper planning, monitoring and probity.

To make appropriate comments and recommendations on such matters to the Board of Trustees on regular basis.

Major issues will be referred to the Board of Trustees for ratification.

8.2 Membership

8.2.1   The membership of the Committee will be agreed on an annual basis.

8.2.2   The Executive Head Teacher of the Academy Trust is an ex-officio member of the Committee.

8.2.3   The membership for the 2013/14 academic year shall be 8 named Trustees/Governors including ex-officio members.

  • Executive Head Teacher
  • 3 Trustees nominated by the Board
  • 2 Chairs of Local Governing Body
  • Up to one Co-opted Trustee
  • 1 Governors (elected by the LGBs)

8.3   Attendance at Resources Committee meetings.

8.3.1   Any Trustee may attend meetings of any Academy Trust Local Governing Body, or Committee

8.3.2   The Committee may invite attendance at meetings from persons who are not Trustees to assist or advise on a particular matter or range of issues, including parents and members of Academy staff.

8.3.3   The School Business Manager/Principle Finance Officer or his/her representative will attend all Resources Committee meetings as an adviser.

8.4. Quorum

8.4.1   The quorum is four members of the Committee

8.5. Voting at committee meetings

8.5.1   Only members of the Committee may vote at Committee meetings.

8.5.2   The Chair will have a casting vote.

8.5.3   No decision on any matter shall be made at a meeting of a Strategic Resources Committee unless the majority of members of the Committee present are Trustees

8.6. Appointment of Chair

8.6.1   The Chair of the Committee will be elected on an annual basis at the first meeting of the Board of Trustees in the autumn term or at the first meeting of the Committee.

8.6.2   No Trustee who is employed by the Academy Trust will act as Chair to the Committee.

8.6.3   In the absence of the Chair the Committee will elect a temporary replacement from among the directors present at the meeting subject to 8.6.2 above.

8.7. Clerk

8.7.1   The clerk of the Committee is the secretary of the company but other persons may be appointed to undertake these functions as necessary.

8.7.2   In the absence of the clerk the Committee will appoint a replacement clerk for the meeting.

8.7.3   The clerk will circulate an agenda and papers for each meeting at least a week before the committee meeting.

8.8. Recording and reporting the proceedings of committee meetings

8.8.1   The clerk will record attendance at meetings. Issues discussed and recommendations for decisions will be recorded. The written record will be forwarded by the clerk to the committee to the clerk to the Board of

8.8.2   The Chair of the Committee will be responsible for giving an oral summary of the Committee’s deliberations if necessary at meetings of the Board of Trustees in sufficient time for it to be included in the agenda and papers for the next meeting of the Board of Trustees. This is to meet the statutory requirement to provide information to the whole Board of Trustees and to seek ratification of decisions and recommendations.

8.9 Frequency of meetings and programme of work

8.9.1   The Committee will meet as often as is necessary to fulfill its responsibilities and at least once each term.

8.9.2   The Chair of the Committee should meet with the Chair of the Trust and the Executive Head Teacher to plan work in relation to the Academy’s Development Plan.

8.10.   Review date

8.10.1   This Committee’s meeting arrangements and terms of reference will be reviewed annually by the Trust Board.

9. Discipline Committee

9.1 Purpose

9.1.1   To comply with Annex 4 of the Funding Agreements between the Secretary of State and Brighter Futures Academy Trust which obliges the Academy to have regard to the Secretary of State’s Guidance on exclusions—‘Improving Behavior and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units’ and to resolve any issues relating to staffing not delegated by the Trust.

9.1.2   To make appropriate comments and recommendations on such matters to the Board of Trustees.

9.2. Membership

9.2.1   The membership of the Committee will be agreed on an annual basis.

9.2.2   The membership for the 2013/14 academic year shall be any Trustee or Governor subject to the Articles.

9.2.3   No Committee member may participate in the meeting if they have a connection with or knowledge of the issue that might affect their impartiality.

9.2.4   The Chair has a casting vote.

9.3. Attendance at Committee meetings.

9.3.1   Any Trustee may attend meetings of any Academy Committee and Local Governing Body.

9.4. Quorum

9.4.1   The quorum is three Trustees/Governors subject to the Articles.

9.5. Voting at Committee meetings

9.5.1   Only members of the committee may vote at Committee meetings.

9.5.2   The Chair will have the casting vote.

9.5.3   No decisions on any matter shall be made unless the majority of members of the Committee present are Trustees

9.6. Appointment of Chair

9.6.1   The chair of the Committee will be elected on an annual basis at the first meeting of the Board of Trustees in the autumn term or at the first meeting of the Committee.

9.6.2   In the absence of the Chair the Committee will elect a temporary replacement from among the Trustees present at the meeting.

9.7. Clerk

9.7.1   The clerk of the Discipline Committee will be appointed to this position. The secretary of the company will not undertake this role.

9.7.2   In the absence of the clerk the Discipline Committee will appoint a replacement clerk for the meeting.

9.7.3   The clerk will circulate an agenda and papers in accordance with the requirements of the Secretary of State’s Guidance.

9.8   Recording and reporting the proceedings of Committee meetings

9.8.1   The clerk will record attendance at meetings. Issues discussed and recommendations for decisions will be recorded. The written record will be forwarded by the clerk to the committee to the clerk to the Board of Trustees in sufficient time for it to be included in the agenda and papers for the next meeting of the Board of Trustees. This is to meet the statutory requirement to provide information to the whole Board of Trustees and to seek ratification of decisions and recommendations.

9.8.2   The Chair of the Committee will be responsible for giving an oral summary of the committee’s deliberations if necessary at meetings of the Board of Trustees.

9.9. Frequency of meetings and programme of work

9.9.1   The committee will meet as often as is necessary to fulfill its responsibilities.

9.10. Review date.

9.10.1   This Committee’s meeting arrangements and terms of reference will be reviewed annually.

10. Admissions Committee

10.1. Purpose

10.1.1   To oversee full compliance with Annex 2 of the Funding Agreement between the Secretary of State and Brighter Futures Academy Trust which includes requiring the Academy to act in accordance with all relevant provisions of the statutory codes of practice on admissions and the law on admissions as it applies to maintained schools.

10.1.2   To make appropriate comments and recommendations on such matters to the Board of Trustees.

10.2. Membership

10.2.1   The membership of the Committee will be agreed on an annual basis at the final meeting of the Board of Trustees in the autumn term.

10.2.2   The membership for the 2013/14 academic year shall be any Trustee or Governor subject to the Articles.

10.2.3   No Committee member may participate in the meeting if s/he is related to or associated with a person involved in an admissions issue.

10.2.3   The Chair has a casting vote.

10.3. Attendance at Committee meetings.

10.3.1   Any Trustee may attend meetings of any Academy Committee and Local Governing Body.

10.4. Quorum

10.4.1   The quorum is three Trustees/Governors subject to the Articles.

10.5 Voting at Committee meetings

10.5.1   Only members of the committee may vote at Commit tee meetings

10.5.2   The Chair will have the casting vote.

10.5.3   No decisions on any matter shall be made unless the majority of members of the Committee present are Trustees

10.6. Appointment of Chair

10.6.1   The chair of the Committee will be elected on an annual basis at the first meeting of the Board of Trustees in the autumn term or at the first meeting of the Committee.

10.6.2   In the absence of the Chair the Committee will elect a temporary replacement from among the Trustees present at the mee ting.

10.7. Clerk

10.7.1   The clerk of the Admissions Committee will be app ointed to this position. The secretary of the company will not undertake this role .

10.7.2   In the absence of the clerk the Admissions Committe e will appoint a replacement clerk for the meeting.

10.7.3   The clerk will circulate an agenda and papers in accordance with the requirements of the Secretary of State’s Guidance.

10.8. Recording and reporting the proceedings of Committee meetings

10.8.1   The clerk will record attendance at meetings. Issu es discussed and recommendations for decisions will be recorded. The writ ten record will be forwarded by the clerk to the committee to the clerk to the Board of Trustees in sufficient time for it to be included in t he agenda and papers for the next meeting of the Board of Trustees. This is to meet the statutory requirement to provide information to the whole Boar d of Trustees and to seek ratification of decisions and recommendations.

10.8.2   The Chair of the Committee will be responsibl e for giving an oral summary of the committee’s deliberations if necessary at me etings of the Board of Trustees.

10.9. Frequency of meetings and programme of work

10.9.1   The committee will meet as often as is necessary t o fulfill its responsibilities but at least once annually.

10.10. Review Date

10.10.1   This Committee’s meeting arrangements and term s of reference will be reviewed annually.

11. Standards Committee

11.1. Purpose

To assist the decision making of the Trustees, by enabling more detailed consideration to be given to the ensuring that the school improvement priorities directly impact on improving the attainment and progress of all pupils and that the schools continue to aspire to ensure that all pupils fulfill their potential and that funding is used well to maximise the raising of standards.

11.1.2.   To make appropriate comments and recommendations on such matters to the Board of Trustees.

11.2. Membership

11.2.1 The membership of the Committee will be agreed on an annual basis at the final meeting of the Board of Trustees in the summer term and shall consist of:

  • EHT
  • 3 Trustees
  • The Chairs of the LGBs
  • 2 Governors

11.2.2   The membership for the 2013/14 academic year shall be any Committee member or Governor subject to the Articles.

11.2.2   The Chair has a casting vote.

11.3. Attendance at Committee meetings.

11.3.1   Any Trustee may attend meetings of any Academy Committees and Local Governing Bodies.

11.4. Quorum

11.4.1   The quorum is three Committee members subject to the Articles.

11.5. Voting at Committee meetings

11.5.1   Only members of the committee may vote at Committee meetings.

11.5.2   The Chair will have the casting vote.

11.5.3   No decisions on any matter shall be made unless the majority of members of the Committee present are Trustees,

11.6. Appointment of Chair

11.6.1   The chair of the Committee will be elected on an annual basis at the first meeting of the Board of Trustees in the autumn term or at the first meeting of the Committee.

11.6.2   In the absence of the Chair the Committee will elect a temporary replacement from among the Committee member present at the meeting.

11.7. Clerk

11.7.1   The clerk of the Appeals Committee will be appointed to this position. The secretary of the company will not undertake this role.

11.7.2   In the absence of the clerk the Appeals Committee will appoint a replacement clerk for the meeting.

11.7.3   The clerk will circulate an agenda and papers in accordance with any statutory requirements.

11.8. Recording and reporting the proceedings of Committee meetings

11.8.1   The clerk will record attendance at meetings. Issues discussed and recommendations for decisions will be recorded. The written record will be forwarded by the clerk to the committee to the clerk to the Board of Trustees in sufficient time for it to be included in the agenda and papers for the next meeting of the Board of Trustees. This is to meet the statutory requirement to provide information to the whole Board of Trustees and to seek ratification of decisions and recommendations.

11.8.2   The Chair of the Committee will be responsible for giving an oral summary of the committee’s deliberations if necessary at meetings of the Board of Trustees.

11.9. Frequency of meetings and programme of work

11.9.1   The committee will meet as often as is necessary to fulfill its responsibilities but at least once annually.

11.10. Review date.

11.10.1   This Committee’s meeting arrangements and terms of reference will be reviewed annually.

12. Appeals Committee

12.1. Purpose

12.1.1   To hear appeals on behalf of the Academy Trust.

12.1.2   To make appropriate comments and recommendations on such matters to the Board of Trustees.

12.1.3   To implement guidance on the conduct of appeals issued by the Secretary of State as it applies to Academies.

12.2. Membership

12.2.1   The membership of the Committee will be agreed on an annual basis at the final meeting of the Board of Trustees in the summer term.

12.2.2   The membership for the 2013/14 academic year shall be any Committee member or Governor subject to the Articles.

12.2.2   No Committee member may participate in any appeal process if the Committee member is an employee of the Academy or has any prior involvement or association with the circumstances leading to the appeal.

12.2.3   The Chairman has a casting vote. The Chairman may not be an employee of the Academy.

12.3. Attendance at Committee meetings

12.3.1   Any Trustee may attend meetings of any Academy Committees and Local Governing Bodies.

12.4. Quorum

12.4.1   The quorum is three Committee members subject to the Articles.

12.5. Voting at Committee meetings

12.5.1   Only members of the committee may vote at Committee meetings.

12.5.2   The Chairman will have the casting vote.

12.5.3   No decisions on any matter shall be made unless the majority of members of the Committee present are Trustees

12.6. Appointment of Chair

12.6.1   The chair of the Committee will be elected on an annual basis at the first meeting of the Board of Trustees in the autumn term or at the first meeting of the Committee.

12.6.2   In the absence of the Chair the Committee will elect a temporary replacement from among the Committee member present at the meeting.

12.7. Clerk

12.7.1   The clerk of the Appeals Committee will be appointed to this position. The secretary of the company will not undertake this role.

12.7.2   In the absence of the clerk the Appeals Committee will appoint a replacement clerk for the meeting.

12.7.3   The clerk will circulate an agenda and papers in accordance with any statutory requirements.

12.8. Recording and reporting the proceedings of Committee meetings

12.8.1   The clerk will record attendance at meetings. Issues discussed and recommendations for decisions will be recorded. The written record will be forwarded by the clerk to the committee to the clerk to the Board of Trustees in sufficient time for it to be included in the agenda and papers for the next meeting of the Board of Trustees. This is to meet the statutory requirement to provide information to the whole Board of Trustees and to seek ratification of decisions and recommendations.

12.8.2   The Chair of the Committee will be responsible for giving an oral summary of the committee’s deliberations if necessary at meetings of the Board of Trustees.

12.9. Frequency of meetings and programme of work

12.9.1   The committee will meet as often as is necessary to fulfill its responsibilities but at least once annually.

12.10. Review date

12.10.1   This Committee’s meeting arrangements and terms of reference will be reviewed annually.

13. Performance Management Committee

13.1 Purpose

13.1.1   To apply the Performance Management Scheme for the Executive Head Teacher

13.1.2   To make recommendations on this matter to the Board of Trustees.

13.2. Membership

13.2.1   The membership of the Committee will be three Trustees/Governors (subject to the Articles) as below and as determined by the chairman:

  • the Chair and or Vice-Chair of the Board of Trustees;
  • the Chair or Vice-Chair of each Local Governing Bodies;
  • one other Trustee/Governor.

13.2.2   Any Trustee who is employed by the Academy Trust may not be a member of the Performance Management Committee.

13.2.3   Any Trustee who has a business relationship, directly or indirectly with the Academy Trust or its Academies must have previously completed a declaration of interests for the academic year in question. The Clerk or the Trustees will re-state those interests in the Committee meeting.

13.3. Attendance at Committee meetings.

13.3.1   The Company Secretary will attend Committee meetings as clerk. In some cases an external advisor may also attend. Any such advisor may also be a Trustee.

13.4. Quorum

13.4.1   The quorum is three Trustees/Governors who are members of the Committee subject to the Articles.

13.5. Voting at Committee meetings

13.5.1   Only Trustees who are members of the Committee may vote at Committee meetings.

13.5.2   Any recommendations or decisions made by the Performance Management Committee must be agreed unanimously.

13.6. Appointment of Chair

13.6.1   The Chair of the Committee will be elected on an annual basis at the first meeting of the Board of Trustees in the autumn term or at the first meeting of the Committee.

13.6.2   In the absence of the Chair the Committee will elect a temporary replacement from among the Trustees present at the meeting.

13.7. Clerk

13.7.1   The clerk of the Committee is the secretary of the company but other persons may be appointed to undertake this function as necessary.

13.7.2   In the absence of the clerk the Committee will appoint a replacement clerk for the meeting.

13.7.3   The clerk will circulate an agenda and papers for each meeting at least a week before the Committee meeting.

13.8. Recording and reporting the proceedings of Committee meetings

13.8.1   The clerk will record attendance at meetings. Issues discussed and recommendations for decision will be recorded. The written record will be forwarded by the clerk to the Committee to the clerk to the Board of Trustees in sufficient time for it to be included in the agenda and papers for the next meeting of the Board of Trustees.

13.8.2   The Chair of the Committee will be responsible for giving an oral summary of the Committee’s deliberations if necessary at meetings of the Board of Trustees.

13.9. Frequency of meetings and programme of work

13.9.1   The Committee will meet as often as is necessary to fulfill its responsibilities and at least once per academic year.

13.10. Review Date

13.10.1   This Committee’s meeting arrangements and terms of reference will be reviewed at the first meeting of the board of directors in the autumn term

Appendix 1

Local Governing Body Terms of Reference

1. Implementation of the Curriculum to include the review and monitoring of all curriculum policies to include;

  • Ensuring the academy is meeting National Curriculum requirements and to review the Curriculum Policy Statement
  • To review & update an agreed form of Self Evaluation
  • To review the outcomes of parent and pupil surveys
  • To monitor & review the School’s Development Plan
  • To produce a Sex Education Policy statement
  • To produce a RE & Collective Worship Policy
  • To review the Academy Prospectus
  • To produce & Review the Special Educational Needs Policy
  • To report to parents according to statutory requirements
  • To Agree an Home/School Agreement
  • To monitor the effectiveness of Literacy & Numeracy & other subject policies as required
  • To consider the Healthy Schools Agenda
  • To appoint link Governors for Child Protection, SEN and literacy and Numeracy, plus any other area as recommended by the Executive Head Teacher

2. To ensure the safety and welfare of all staff and students to include the review and monitoring of all policies to include

  • Compliance with DfE Guidance
  • Compliance with all child protection and SEN requirements
  • Working with the local community to embed good practice

3. To approve all Premises and health and safety issues, to include a review and monitoring of all policies to include;

  • The Monitoring of Risk Assessment Procedures
  • The production of a letting policy and the review annually of the charges for hire of academy premises and conditions of use
  • Inspecting the academy site and buildings to enable maintenance and improvement, including security
  • Agreeing the procedures for Off- Site education
  • Compliance with the Academy Trust’s Health & Safety Policy
  • Considering training needs with regard to site and health and safety
  • Compliance with current fire safety legislation & regulations
  • Receive reports/audits from Health & Safety representatives
  • Maintaining the accident statistics and trends so that reports can be made to the Academy Trust Board
  • Establishing & reviewing annually the Accessibility and Equality Plans
  • Ensuring staff Governors & pupils undertake necessary fire safety training

4. To approve the Extended School work in the School to include;

  • Reviewing all activities and production of an annual development plan
  • Monitor work to ensure adherence with the plan and assess impact
  • Receiving termly reports on progress
  • Ensuring a Family Committee is established to work with the school
  • Monitoring compliance with the terms of the Deed of Gift on behalf of the Academy Trust.

Resources Committee Terms of Reference

  1. To prepare/review, in association with the Executive Head Teacher of the Academy, and other relevant staff, the indicative annual budget, as notified by the EFA.
  2. To approve the initial budget for the academic year and recommend acceptance/non acceptance to the Trustees.
  3. To contribute to the formulation of the academies development plan, through the consideration of financial priorities and proposals, in consultation with the Executive Head Teacher of the Academy.
  4. To ensure the annual budget plan has been prepared in line with the principles of Best Value established by the Trust. (See the Trust’s Financial regulations for details)
  5. To receive details of the Academies actual surplus/deficit and devise, in association with the Executive Head Teacher, its use/recovery and to report this clearly to the Trustees and EFA.
  6. To prepare/review/approve, in association with the Executive Head Teacher and other relevant staff, medium term financial projections in accordance with the requirements of the Trust’s financial regulations.
  7. To receive, quarterly, budget monitoring reports which enable the current and predicted end of financial year situation of the Academy to be determined.
  8. To approve or recommend to the Trustees appropriate action on changes to the budget during the financial year.
  9. To receive bids for external funding for approval.
  10. To receive financial information which will enable the Committee to ensure Academies Financial Regulations and Standing Orders are being complied with.
  11. To Monitor compliance with the Academies Scheme of Financial Delegation as approved by the Trustees and outlined below:-

    • The trust will retain overall responsibility for any major items of expenditure and income over the value of £10,000 for individual items

    • The Resources Committee will approve any major items of expenditure and income over the value of £10,000 up to £100,000 for individual item

    • The Executive Head Teacher and/or School Business Manager will approve all bids for funding up to the value of £10,000

    • The Executive Head teacher will approve any expenditure on an individual order over the value of £3,000 up to £10,000

    • Individual Budget Holders will approve any expenditure up to the value of £3,000

    • All order over the value of £3,000 must be countersigned by the Executive Head Teacher

    • Principle Finance Officer to authorize budget virements up to £10,000

    • Executive Principal to authorize budget virements from £10,001 up to the value of £40,000

    • The Resources Committee to authorize virements over £40,001

  12. To approve, reject or amend the financial implications of any decisions made by any other committee.
  13. To assess the financial progress in achieving the objectives in the School Development Plans.
  14. To annually ensure that the insurance cover held by the Academy provides adequate protection against risks.
  15. To receive/monitor the Risk Assessment Strategy for the Trust and to the update Trustees on a regular basis.
  16. To ensure financial systems have adequate controls to ensure all transactions are process properly and are transacted in line with the tendering limits in appendix 3.
  17. To ensure the accounting system meets the needs of the Academy by having in place systems for cash and banking, payroll, purchases, income, and security of assets.
  18. To prepare a scale of changes for Academy activities for approval by the Trustees.
  19. To approve scales of changes for any use of the Academy premises.
  20. To review the leases and contracts as and when necessary, in accordance with delegated limits.
  21. To receive the annual accounts and audit certificate for all funds and trading organisations operated by the Academy, in accordance with Companies Act and Charity Commission requirements and recommend to the Trust Board
  22. To receive the Responsible Officer Report and act on any advice
  23. To ensure the EFA are informed of any irregularities of financial issues
  24. To ensure a Register of Business Interests is kept for all Trustees/Governors and staff
  25. To ensure an inventory is maintained of and equipment owned by the Academy
  26. To approve the disposal of surplus equipment in accordance with the trusts regulations up to £20,000. In the case of items of value in excess of £20,000 purchased using capital grant, secure prior permission from the Secretary of State in writing.
  27. To authorize the write-off of debts in accordance with prevailing DfE rules
  28. To ensure that there is an independent check of assets and the asset register
  29. To ensure all charging policies are reviewed on an annual basis
  30. To receive and respond to the recommendations made in any reports, from the External auditors, Responsible Officer and DfE, on the financial systems operated by the Academy.
  31. To recommend to the Trust the appointment or reappointment of the auditors of the Trust.
  32. To approve the finances for the Academies Pay Policy for approval by the Trustees.
  33. To review the financial implications on the budget of the operation of the Academies Pay Policy and Performance Managements Policy.
  34. To authorise changes to the Academy’s staffing establishment with the exception of the Executive Head Teacher and Head Teacher (if appointed)
  35. To ensure appropriate personnel management procedures are in place to include;

    • Staff Grievance and Discipline

    • Staff dismissal, redundancy and redeployment

    • Consideration of applications from staff for variation to contract (secondments, early retirements, leave of absence, job share etc.)

    • Ensuring all personnel records are held securely

    • A review of staff work/life balance, working conditions and well- being, including the monitoring of absence

    • Implementation of the Performance Management Policy

    • Equal Opportunities

    • Establishing & maintaining a rolling programme for Criminal Background Checks (DBS)

    • Ensure compliance with Academy Workforce Census

  36. To ensure an annual review is carried out on all employee contracts to ensure pay is in accordance with the contracts and performance management.
  37. To agree appointment panel as outlined in Appendix 2
  38. Consider, monitor and update all premises management procedures.

Discipline Committee Terms of Reference

  • To review certain exclusions as defined in the Secretary of State’s guidance
  • To consider representations about an exclusion made by the parents of an excluded child
  • To consider the appropriateness of any permanent exclusion, or any exclusion where one or more fixed period of exclusions total more than 15 school days in one term
  • To consider representations from all parties in deciding whether or not to uphold or re instate a fixed term or permanent exclusion
  • To apply any other obligations contained in the Secretary of State’s guidance
  • To consider any staff discipline issues in relation to the Executive Head Teacher and Head Teacher (if appointed)

Admissions Committee Terms of Reference

  • To monitor compliance with Annex 2 of the Funding Agreement
  • To consider matters relating to admissions referred to the Committee by the Board of Trustees or a Local Governing Body, as directed by the Executive Head Teacher
  • To provide advice and recommendations to the Board of Trustees on admissions issues

Appeals Committee Terms of Reference

  • To hear any appeal arising from the implementation of any Academy Trust policy
  • To hear staff dismissal appeals
  • To hear staff disciplinary appeals
  • To hear appeals on pay grading and or pay awards
  • To hear staff appeals on redundancy
  • To hear staff appeals on grievance
  • To hear Complaints
  • To hear any Confidential Reporting Disclosure
  • To hear any other appeal referred by the Academy Trust

Performance Management Committee Terms of Reference

  • To approve the Performance Management Scheme for the current academic year
  • To determine the level of bonus payable for the current academic year
  • To receive termly progress reports on the performance of the Executive Head Teacher, in relation to previously agreed objectives and success criteria
  • To advise the Board of Trustees on all matters related to the Performance Management Scheme

Standards Committee Terms of Reference

  • To agree KS2 targets for each school
  • To monitor pupil attainment and progress on a termly basis
  • To evaluate impact of the school improvement plans on raising attainment and progress
  • To evaluate the impact of Pupil Premium expenditure and publish an annual report
  • To review the schools’ performance against others both locally and nationally

Appendix 2

Appointment of Staff

To ensure a transparent interview process, the Trust has agreed the following appointment panel within the Academy;

Support Staff

  • Executive Head Teacher or Heads of School
  • SBM
  • 1 Governor (optional)

Teaching Staff

  • Executive Head Teacher or Heads of School
  • SBM
  • 1 Governor (optional)

Senior Management Team

  • Executive Head Teacher and Heads of School
  • 1 Governor/Trustee

Executive Leadership Team

  • 2 Trustees to include Chair of the Trust Board
  • HR Advisor
  • 1 Governor

Appendix 3

Tendering Limits

It is important that all purchases show best value has been achieved; to do this the Trust has adopted the follow procedures, which must be adhered to by all Budget Holders:

Estimated Value of Goods, Services or Construction WorksMinimum Number of Quotes/ TendersMethod of Inviting Quotes/ TendersBasis of Selecting Supplier/ ContractorRecords RequiredFormal Contract Required
500-1,000 Purchaser to ensure Academy getting value for money Verbal Purchasing Knowledge Note to be made of Source, name and amount of quotes obtained No
1,001–3,000 3 to be obtained Informal Written quotation Purchasing Knowledge/Trade Directories Written note of source, name and amount of quotes must be obtained No
3,001–40,000 3 to be obtained Formal Written Quotation Purchasing Knowledge/ Trade Directories Council’s Approved/Special List Quotations received, written note of quotations requested No
40,001 and over 4 to be Invited Sealed Tenders Advertisement/Trade Directories Council’s Approved/Special List Tender Schedule and tenders Yes Where Value Exceeds £100,000

All of the above limits are exclusive of VAT

  • Brighter Futures Academy Trust
  • Backhold Lane,Siddal,
  • Halifax,HX3 9DL
  • Email: admin@brighterfuturesmat.org.uk
  • Tel: 01422 354976
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