Our Model For Effective Delegation

Summary Scheme of Delegation

This page provides a summary of SDBE MAT’s Scheme of Delegation (SoD). The full Scheme of Delegation is a separate document which has been formally approved by the Trust Board (the Board) and applies to all Academies within SDBE MAT (the Trust).

DOWNLOAD - FULL SCHEME OF DELEGATION

DOWNLOAD - SUMMARY SCHEME OF DELEGATION

The Board and Executive Team have a clear understanding of how we want the Trust to operate, specifically our clear and joint commitment to the protection of our school’s autonomy.  We also acknowledge the need for us as an organisation to remain compliant with the relevant laws and regulations that govern us and the need for a degree of standardisation in order for us both to fulfil our roles.  We have worked hard to develop this Scheme of Delegation which recognises the need for compliance balanced with the protection of local autonomy.

The references provided in bold are signposts to the relevant sections in the full Scheme of Delegation.

Members, Directors and Governors of the SDBE MAT are required by the Articles to have regard to advice from and any directives issued by the Southwark Diocesan Board of Education.

DELEGATION MATRIX

Responsibilities of Directors, Local Governing Bodies and Headteachers

 

Area of Responsibility

Tasks

Directors

LGB

Headteacher

Church of England Vision, Values and Ethos

Review and or amend the ethos aims and values of SDBE MAT

X

 

 

 

Develop the ethos and mission statement for an individual Academy in the context of SDBE MAT’s ethos, aims and values

 

X

 

Central Services

Determine the scope of mandatory core services to be delivered by SDBE MAT on behalf of its Academies

X

 

 

 

Identify those additional services to be procured on behalf of individual Academies

X

 

 

 

Set the Support Cost Contribution (SCC) to be paid by Academies in the Trust

X

 

 

Statutory Compliance

Develop and approve key policies required by the statutory bodies that govern the Trust

X

 

 

 

Publish a ‘Policy Schedule’ detailing those policies that are prescribed by the Trust and those that are required or recommended for local creation

X

 

 

 

Adopt policies that are prescribed by the Trust

(See the SDBE MAT Policy Schedule for more information)

 

X

X

 

Draft, approve and adopt local, non-prescribed policies as required
(See the SDBE MAT Policy Schedule for more information)

 

X

X

 

Ensure compliance across SDBE MAT with all statutory regulations, Acts of Parliament and funding agreements governing the operation of the Academies

X

 

 

 

Provide detailed guidance on the information that schools are required to submit to the SDBE MAT, including frequency, in order for it to fulfil its duties as a MAT Sponsor

X

 

 

 

Ensure the Academy submits information and responds to requests for information from the SDBE MAT in order for it to fulfil its duties as a MAT Sponsor

 

X

X

 

Publish all required information and documentation as defined by the SDBE MAT and relevant parties, including the DfE, EFA and Ofsted on the school’s website

 

X

X

 

Have regard to guidance published by the Southwark Diocesan Board of Education relating to suggested local policy content and statements

 

X

 

LGB Composition

Determine, in consultation with the LGB, the constitution (composition) of the LGB

X

 

 

Finance

Determine the proportion of the overall MAT budget to be delegated to an individual Academy

X

 

 

 

Develop and propose the individual Academy budget

 

X

X

 

Approve the individual Academy budget

X

 

 

 

Approve the first formal budget plan each financial year

 

X

 

 

Define the financial decision levels and limits for the Trust detailing them within the Scheme of Financial Delegation.

X

 

 

 

Observe and adhere to the financial decision levels and limits for the Trust as defined in the Scheme of Financial Delegation

 

X

X

 

Appoint the ‘Responsible Officer’, a Director assigned to check the Trust’s internal controls

X

 

 

Staffing

Develop prescribed, Trust-wide policies for the management of People and Human Resources including, but not limited to; Pay, Performance Management, Disciplinary, Grievance, Flexible Working, Trade Union Recognition

(See the SDBE MAT Policy Schedule for more information)

X

 

 

 

Adopt prescribed, Trust-wide policies for the management of People and Human Resources

(See the SDBE MAT Policy Schedule for more information)

 

X

X

 

Appoint the Headteacher

(joint appointment between the LGB and CEO/Trust Board)

X

X

 

 

Appoint the Deputy Headteacher

 

X

X

 

Appoint other teaching and non-teaching staff

 

X

X

 

Propose pay discretions for the Headteacher whilst ensuring parity across the Trust

(joint decision between the LGB and CEO/Trust Board)

X

X

 

 

Propose pay discretions for other members of staff at the Academy, in line with SDBE MAT policy

 

 

X

 

Approve pay discretions for other members of staff at the Academy, in line with SDBE MAT policy

 

X

 

 

Dismissal/suspension of Headteacher/Deputy Headteacher

X

 

 

 

Dismissal/suspension of other staff supported by the SDBE MAT HR Team

 

X

X

 

Propose staffing structure within the agreed budget

 

 

X

 

Approve staffing structure

 

X

 

 

Propose dismissal payments/early retirement

 

X

 

 

Approve dismissal payments/early retirement

X

 

 

Curriculum

Draft, approve and adopt local curriculum and standards policies as required, including, but not limited to; Curriculum Policy; Behavior Policy; SEN Policy and Child Protection/Safeguarding
(See the SDBE MAT Policy Schedule for more information)

 

X

X

 

Implement and embed locally approved policies

 

 

X

 

Ensure all safeguarding and welfare requirements are met.  This includes, but is not limited to; training, pre-employment checks, Single Central Record and Personnel Files

 

X

X

 

Approve curriculum policy elements outside national curriculum

X

 

 

 

Responsibility for standards of teaching

 

 

X

 

Accountability for standards of teaching

 

X

 

 

Responsibility for individual child's education

 

 

X

 

Accountability for individual child's education

 

X

 

 

Responsibility for individual child's safety

 

 

X

 

Accountability for individual child's safety

 

X

 

 

Develop, where required, a home-school agreement

 

X

 

Target Setting

Propose targets for pupil achievement

 

X

 

 

Approve targets for pupil achievement

X

 

 

 

Responsibility for pupil outcomes

 

 

X

 

Accountability for pupil outcomes

 

X

 

Admissions

Annually determine the admission arrangements for the individual Academy in accordance with admissions law, DfE Codes and with regard to SDBE guidance (including the requirement to consult the SDBE prior to any public consultation)

 

X

 

 

Rank applications and take decisions in accordance with the admission arrangements

 

X

 

 

Convene admission appeals panels on behalf of SDBE MAT

 

X

 

 

Decide whether to grant a request by the LA to admit a pupil under 3.22 of the School Admissions Code

 

X

 

 

Ensure an updated admissions register is kept

 

 

X

Religious Ed

Responsibility for ensuring provision of RE in line with the Trust’s ethos

 

X

 

Collective Worship

Develop a collective worship policy, ensuring that all pupils take part in a daily act of collective worship

 

X

 

Premises, H&S and Insurance

Develop a prescribed, Trust-wide policy for the management of Health & Safety

X

 

 

 

Adopt the prescribed, Trust-wide policy for the management of Health & Safety

 

X

 

 

Accountability for Health & Safety across the Trust

X

 

 

 

Accountability for the Health & Safety in their individual Academy

 

X

 

 

Responsibility for the Health & Safety in their individual Academy

 

 

X

 

Ensure buildings insurance and personal liability insurance are in place

X

 

 

 

Ensure the efficient and effective management and maintenance of the Academies buildings, including the development of a 5 year maintenance plan and applying for capital grants.

 

X

 

Governance

Complete a Governors’ Declaration of Business Interests

 

X

 

 

Ensure Governors attendance at meetings is recorded and published as required on the Academy’s website.

 

X

 

 

ROLE OF THE LOCAL GOVERNING BODY WITHIN THE SDBE MAT? (Scheme Ref: 3.5)

The Southwark Diocesan Board of Education Multi-Academy Trust (SDBE MAT) is a charitable company limited by guarantee. It has entered into a Master Funding Agreement with the Department for Education (DfE) and a Supplemental Funding Agreement in respect of each school (together referred to as the Funding Agreements).
Therefore the SDBE MAT is ultimately accountable to the DfE under the Funding Agreements.

The Directors are charity trustees (within the terms of section 177 of the Charities Act 2011) and are responsible for the general control and management of the administration of SDBE MAT in accordance with the provisions set out in the SDBE MAT’s Articles of Association, including the Object (providing education of public benefit in accordance with the principles and tenets of the Church of England).

The LGB is a committee of the Directors of SDBE MAT. Each LGB is established by the Directors in accordance with the Articles of Association of SDBE MAT (5.1.3). Under the Articles of Association the LGB must act in accordance with this Scheme of Delegation unless otherwise directed by the Directors. The Scheme of Delegation establishes the responsibilities of the LGB, its relationship to the Directors, and the powers delegated to it. The LGB will be accountable to the Directors.

VISION AND VALUES? (Scheme Ref: 2.1)

Our vision is to establish a culture and context in which schools can grow and flourish and provide an excellent education with Christian values at its heart. We will seek to enable all children and young people in our schools to realise their God-given potential, aspire to exceed their expectations and to build a Christ-centred community (2.1).

LOCAL GOVERNING BODY MEMBERSHIP? (Scheme Ref: 6.1)

With the exception of elected governors, all members of the LGB will be appointed by the Southwark Diocesan Board of Education (SDBE). The term of office for any governor will be four years (6.3). Governors may be re-appointed by the SDBE MAT, and the SDBE MAT/Directors may remove from office governors who do not meet the expectations set out below (3.4.4.7). The Directors may at their discretion or upon request from the LGB vary its constitution subject to the following requirements:
 

There must be a majority of two foundation governors on the governing body (6.1.1).

The LGB will comprise the following (6.1.1):

Foundation appointed governors:

a) 2 or more governors nominated by the SDBE;

b) 4 or more governors nominated by the PCC (or other foundation bodies);

c) The principal officiating minister of the parish; where there is a vacancy in this office or the incumbent is unwilling to act as a foundation governor then the Archdeacon shall be entitled to appoint a foundation governor to act in his/her place.

Non-foundation appointed governors;

a) The headteacher;

b) 2 elected parents/carers of pupils at the school;

c) 1 elected member of staff;

d) 1 governor nominated by the LGB following consultation with the LA;

e)  Any additional governors co-opted with the approval of SDBE.
 

A governor must be aged 18 or over and must not be a current pupil of the school (6.5.1).
A governor’s term of office will be terminated in the circumstances set out below (6.4):
He/she resigns by serving written notice to the Clerk of the LGB, SDBE and SDBE MAT;He/she has not complied with SDBE MAT’s safeguarding/DBS policies or SDBE MAT’s Scheme of Delegation;

At any time the Directors reasonably consider, after discussions with the LGB, his/her removal to be in the interests of SDBE MAT;

He/she is absent, unless otherwise agreed by the LGB, for all full LGB meetings within a period of 6 months, in which case the Directors may remove a governor at their discretion;

In the case of a staff member, his/her employment terminates;

He/she becomes incapable by reason of mental disorder, illness or injury of managing or administering his/her own affairs;

He/she would be disqualified from acting as a charity trustee by virtue of section 178 of the Charities Act 2011;

His/her estate has been sequestrated and the sequestration has not been discharged, annulled or reduced or if he/she is the subject of a bankruptcy restrictions order or an interim order;

He/she is included in the list of teachers and workers with children or young persons whose employment is prohibited or restricted under section 1 of the Protection of Children Act 1999;

He/she is disqualified from working with children under section 28, 29, 29A and 29B of the Criminal Justice and Court Services Act 2000;

He/she is a person in respect of whom a direction has been made under section 142 of the Education Act 2002;

He/she has, at any time, been convicted of any criminal offence, excluding any that have been spent under the Rehabilitation of Offenders Act 1974 as amended, and excluding any offence for which the maximum sentence is a fine or a lesser sentence except where a person has been convicted of any offence which falls under section 178 of the Charities Act 2011;

He/she is subject to a disqualification order or a disqualification undertaking under Company Directors Disqualification Act 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).
 

APPOINTMENT OF A CHAIR OF THE LOCAL GOVERNING BODY ?(Scheme Ref: 6.6)

The chair and vice-chair of the LGB will be elected each academic year by the LGB from amongst the governors comprising the LGB, subject to the approval of the CEO (6.6.1). The Clerk will notify SDBE MAT following any appointment.

The term of office will be until the beginning of the first meeting of the next academic year.

Either the chair or vice-chair must be a foundation governor (6.6.1).

If both the chair and vice-chair are absent from any meeting of the LGB, those governors present will appoint one of their number to chair the meeting providing they are quorate.

ROLE OF THE CHAIR? (Scheme Ref: 6.6.3)

The chair, with support from the vice chair, is responsible for ensuring the effective functioning of the LGB (6.6.2). It is the chair’s role to give the LGB clear leadership and direction, keeping it focused on its core functions (more details in the LGB Handbook). Chairs should encourage governors to work as an effective team, building their skills, knowledge and experience, and ensuring that school improvement is the focus of all policy and strategy for the Academy (6.6.3.2). They need to ensure that all governors are actively contributing relevant skills and experience, participating constructively in meetings, and playing their part in the work of any committees. It is their role to make sure all governors knows what is expected of them.

In fulfilling these duties the chair will:

meet regularly with the Headteacher;

communicate regularly with the Clerk to the LGB and ensure the Clerk fulfils his or her duties;

chair LGB meetings.

The Chair, in conjunction with the Chief Executive (or, where appropriate, his or her delegate), will lead on the interview process for all Headteacher/Executive Headteacher/Head of School vacancies.  The final decision will lie with the Trust Board. (4.4.1.1)

The Chair, in conjunction with the Chief Executive (or where appropriate, his or her delegate), will conduct the Performance Management review of the Headteacher (4.4.1.2)

MEETINGS OF THE LOCAL GOVERNING BODY ?(Scheme Ref: 6.8)

In its first year, the LGB must meet at least 6 times, after which it must meet it least termly. In addition, it will hold such other meetings as may be necessary or required by SDBE MAT (6.8.3). A quorum must be present, being one half of the governors (excluding vacancies).

A Clerk must be appointed by the LGB and all meetings will be convened by the Clerk, who will send to the governors and to the Trust’s Executive Team, written notice of any meeting and a copy of the agenda and papers at least 7 days in advance of the meeting.
 

A special meeting of the LGB will be called by the Clerk whenever requested by the chair or at the request in writing of any three governors. Where there are matters demanding urgent consideration, the chair or, in his/her absence, the vice-chair may waive the need for 7 days notice of the meeting and substitute such notice as he/she thinks fit.
 

The convening of a meeting and the proceedings conducted will not be invalidated by reason of any individual not having received written notice of the meeting or a copy of the agenda.
 

If the number of governors assembled for a meeting of the LGB does not constitute a quorum, the meeting must not be held. If in the course of a meeting of the LGB the number of governors present ceases to constitute a quorum, the meeting must be terminated forthwith.
 

If for lack of a quorum a meeting cannot be held or, as the case may be, cannot continue, the chair will, if he/she thinks fit, determine the time and date at which a further meeting will be held and will direct the Clerk to convene the meeting accordingly.
 

All motions to be decided at a meeting of the LGB will be determined by a majority of the votes of the governors present and voting on the question. Every governor will have one vote. Where there is an equal division of votes the chair of the meeting will have a second or casting vote.
 

A governor may not vote by proxy.

No resolution of the governors may be rescinded or varied at a subsequent meeting unless consideration of the rescission or variation is a specific item of business on the agenda for that meeting.

Any governor who is also an employee of SDBE MAT must withdraw from that part of any meeting of the LGB at which his/her remuneration, conditions of service, promotion, conduct, suspension, dismissal or retirement are to be considered.

In exceptional circumstances any governor will be able to participate in meetings of the LGB by telephone or video conference, provided that he/she has given 48 hours notice to the Clerk, has had approval from the LGB, and that the governors have access to the appropriate equipment.

Minutes must be prepared of all LGB meetings and meetings of all sub-committees. Drafts of those minutes must be sent to the chair and Trust’s Executive Team no later than 14 days after the date of the meeting. Final minutes, as approved by the LGB, must be sent to Trust’s Executive Team within 7 days of approval. The Chair is responsible for ensuring the Clerk actions this and other such responsibilities.
 

GENERAL RESPONSIBILITIES OF GOVERNORS? (Scheme Ref: 3.5)

All governors within the SDBE MAT will be required to complete and sign a registration form on appointment in which the governor agrees to comply with (3.5.3):

the Funding Agreements;

the Articles of Association;

this Scheme of Delegation;

any terms of reference of sub-committees which may apply to that governor; and

the contents of LGB Handbook, including the LGB code of conduct (3.5.3.8), copies of which will be made available by the Clerk;

Governors must not act or omit to act in a way which would be prejudicial to the interests of the Academy or SDBE MAT at any time, including any actions or omissions which might create bad publicity for the Academy or SDEBMAT.

The governors must keep confidential all information of a confidential nature obtained by them relating to the school and/or SDBE MAT.

Each governor will be required to take part in appropriate training as provided by SDBE MAT and such other training as is required to enable them to effectively undertake his or her role as a governor.

Each governor will be required to take part in regular self-reviews and skills audits and is responsible for meeting his/her own training and development needs (3.5.8.8).

Each governor will be required annually to complete and, if appropriate, subsequently update his or her entry in the Register of Interests.

CONFLICTS OF INTEREST? (Scheme Ref: 3.5.4)

The income and property of SDEBMAT must be applied solely towards the promotion of the Object as detailed in the Articles of Association. The restrictions and procedures which apply to Directors in the Articles of Association with regard to having a personal financial interest will also apply to the governors (3.5.4).

Any governor who has any duty or personal interest (including but not limited to any personal financial interest) which conflicts or may conflict with his/her duties as a governor must disclose that fact to the governors as soon as he/she becomes aware of it. A governor must absent himself or herself from any discussions of the governors in which it is possible that a conflict will arise between his/her duty to act solely in the interests of the school and/or SDBE MAT and any duty or personal interest (including but not limited to personal financial interest).

Where there is any dispute as to whether a person is required by this regulation to withdraw from a meeting of the school and/or not vote, that issue must be determined by the other governors present at the meeting.

The LGB must maintain a register of governors’ business interests, which is updated by means of a standard agenda item at meetings.  These will be submitted annually to the SDBE MAT in line with SDBE MAT guidance.

RULES AND OPERATING PROCEDURES ?(Scheme Ref: 6.0-7.0)

The LGB may delegate to any sub-committee (or individual, where permissible) such of its powers or functions as it considers desirable. Any such delegation shall be made subject to any conditions governors may impose, and may be altered or revoked.

Where any delegated power or function of the LGB has been exercised, the relevant sub-committee or person shall report to the LGB in respect of any action taken or decision made with respect to the exercise of that power or function at the meeting of the governors immediately following the taking of the action or the making of the decision concerned.

Where a delay in exercising a function of the LGB would be likely to be seriously detrimental to the interests of the academy, any pupil at the academy (or his or her parent/carer), or a person who works at the school, the chair (or vice-chair when the chair is unable to do so by reasons of vacancy in the office or otherwise) may exercise that function subject to the approval of SDBE MAT Chief Executive or Chief Operating Officer (6.6.3.5).

The LGB has power to develop operating procedures in respect of the governance and conduct of the Academy as appropriate. Such operating procedures and any amendments to them will be subject to the provisions of this document and approval by the Directors (6.8.3).

AMENDMENTS TO THE SCHEME OF DELEGATION (Scheme Ref: 4.0)

The Directors may make amendments to the Scheme of Delegation appropriate to the interests and circumstances of the Academy following consultation with the LGB (4.1.1). In the event that amendments are made, SDBE MAT will notify the chair of the LGB, who will be expected to inform other governors of the changes.

The Scheme of Delegation will be subject to annual review by the Directors.

The Directors will delegate certain responsibilities to the Trust’s Executive Team in order to ensure the efficient operation of the Trust.

THE TRUST EXECUTIVE TEAM? (Scheme Ref: 3.4)?

The Chief Executive Officer will delegate certain strategic functions relating to the management of the Trust itself and the oversight of leadership to the “Executive Team”.

The Chief Operating Officer will report to the Chief Executive Officer and will support him or her in the discharge of these duties.

The need for and size of the Executive Team will be determined by the Trust Board. Where possible, resources will be drawn from the Academies themselves rather than the use of external consultants or through recruitment.

The Executive Team works directly with the staff in each Academy and the Local Governing Bodies to ensure that the required outcomes are achieved in accordance with the direction and vision of the Trust Board.