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| Frus Trated
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 Posted: Mon Mar 08 2010 09:56 AM - Post subject: Banning the Governing Board from School
Can the governing body as a whole be banned from entering the school without the express permission of the DH? (HT has been suspended). The Governing body were told if anyone visits the school without permission they were 'off'. Any info would be greatly appreciated.
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| Rott Weiler
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Posted: Mon Mar 08 2010 10:46 AM - Reply subject: .
Sounds as if there is more to this than you've been able to post! You need to distinguish between the rights of individual governors and the the rights of the GB as a whole. Individual governors have no automatic right of access to the school but the GB does. The GB legally has control of the premises and what it is used for, so if the GB decides (ie decides in a procedurally correct way by formally making the decision at a quorate GB meeting) that it will continue to hold its GB and Committee meetings in the school then it does not need the HT/DHT's permission and the DHT has no authority to bar them from the premises. The GB can also specifically authorise an individual governor to enter the premises for a particular purpose whether the HT/DHT agrees or not. However, as an individual governor you cannot on your own initiative decide to go into school and demand access.
I am assuming that your GB has not had any of its powers suspended or taken over by the LA. The situation might be different in that case. It would also be different if any/all of the governors had been banned from the premises under the laws that allow the LA to ban anyone from the premises for threatening behaviour and other inappropriate conduct, but there are some very specific procedures to be gone through to do that.
"The Governing body were told if anyone visits the school without permission they were 'off'." Sounds like nonsense - who told you this?
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| T. D.
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Posted: Mon Mar 08 2010 12:44 PM - Reply subject: Permission
"The Governing body were told if anyone visits the school without permission they were 'off'" -
Quite right. That's how it should be. But acting on behalf of the GB means that the GB has given its permission. And attending meetings for which an agenda has been sent is also permitted.
If the DHT meant "anyone visits the school without MY permission" then that's a different matter. During school hours then parts of the school which are in use (and where there is no public right of way) are under the control of the HT (or DHT or acting HT), but the HT (or whoever) must be prepared to make arrangements for anyone authorised by the GB to visit.
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| right said fred
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Posted: Mon Mar 08 2010 07:44 PM - Reply subject: banned
Fres Trated,
I think it depends on the circumstances which are not clear from your post. Have the Gb suspended the head and this is the DH playing politics by making these silly comments? Or has the DH been told by the LA, for instance, that no governors should visit the site at this time for a specific reason, presumably around the head's suspension?
There is no way that the DH can unilaterally decide to ban the GB as a whole from the school, but have they really done this? All the parent governors for instance have a right as parent to bring their children on site. I think what needs to happen is that the GB as a whole, presumably via the Chair, needs to understand the circumstances of such an alledged ban and the legal precedent for such action. You need to talk to the LA. Only then can a realistic determination be made as to what to do next.
RSF
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| Rott Weiler
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Posted: Tue Mar 09 2010 07:49 AM - Reply subject: .
I fully agree with you rsf, but just to be a little pedantic about "All the parent governors for instance have a right as parent to bring their children on site" I don't believe parents have any legal right to enter the school site; their legal right is only to bring their child to the school gate. Technically they enter the site only with the permission of the HT/GB. It would be a very retrograde step for any school to make parents leave their children at the gate (as some used to) but strictly legally the HT/GB would be within their rights to do so. I wouldn't want my children to go to any school that treated its parents like that though!
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| right said fred
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Posted: Tue Mar 09 2010 02:27 PM - Reply subject: banned
RW,
Yes technically you are right, the school gate is the dividing line, a bit of poetic licence on my behalf!
RSF
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| E G
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Posted: Thu Mar 11 2010 01:08 PM - Reply subject: ??
Hi Frus,
as others have said, the DHT/ Acting H/T, has no powers to ban as a whole the Gb or any Gov acting on behalf on the GB, as long as there is a pre determined meeting arranged, with any proffesional within the school, wether it be the DHT or any Co-ordinator meeting. there doesn't seem to be any evidence to show there is a prob with the GB so as long as this is the case the DHT can't stop any meeting on behalf of the GB (as a whole or indivduals) what HT acting or not seem to forget is that whilst they are the leading professional within the school, it is the GB that make the final decisions where the GB is in force and not suspened, and have to allow reasonable access for GB to fulfil it's duties.
Hope this helps, a little vague at times but not much info posted in first instance.
E.G.
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| Law Boar
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Posted: Mon Mar 15 2010 04:34 PM - Reply subject: Legal position
The GB controls the school premises. Any consent to enter the premises is given by the GB itself or under their delegated authority, for example by the HT. Any change in who is allowed in can only be made under delegated authority or by the GB. Technically even the HT is trespassing if they enter the premises without the consent of the GB, but in many cases that consent is implied, for example in the employment contracts of teachers who are not suspended. The practical effect of this is that if the GB resolved that each member of the GB is entitled to enter the school they would be allowed to. In the circumstances here, whether the DH can do this will depend on what powers were delegated to him. If his delegated authority allows him to make this change, he is allowed unless and until the GB overrules him. If it doesn't he can't make this decision on behalf of the school, and it is of no legal effect. In either case, if the DH is openly hostile to the GB (which it sounds like is the case here) that is unworkable and either the DH or the GB has to go. If he has quite agressively tried to bully governors in to not doing something they have a right to do, this might be a good time to make it the DH that leaves.
UPDATE FROM HERE
Having looked at the GtL it reccomends you have a policy on governors visits, which would probably provide authority to enter, or at least restrict the DHs delegated authority such that he cannot impose a blanket ban.
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