Contact: Deborah Harkin, Tel: 01962 846699, email: [email protected] and Colin Payne, Tel: 01962 845700 email: [email protected]

1 Summary

1.1 This report builds upon two previous reports presented to the Executive Lead Member for Children's Services, titled `The development of children's centres - proposals for a working model of governance' (02 April 2007) and `Procurement of childcare within children's centres' (17 July 2007).

1.2 Minor amendments to the agreed working model for governance of children's centres in Hampshire and the contract length for childcare in children's centres in Hampshire under the childcare procurement strategy are proposed. The suggested changes to the governance model are in response to recent guidance from the Department for Children, Schools and Families (DCSF). The process of developing partnership boards is being supported by the creation of notes of guidance for County Councillors (see appendix 4) for appointing local authority partnership board members, for which approval is also sought. The proposed change to the childcare procurement strategy is in response to feedback from briefing sessions regarding contract lengths within the current market. An update on current progress of children's centres within Hampshire under phase II is also provided along with a list of new Centre Manager and Co-ordinator posts for which approval is sought for new phase II centres.

2 Recommendations

2.1 That the Executive Member for Children and Families:

(a) approves the revised model for governance of children's centres in Hampshire.

(b) approves notes of guidance for children's centres for appointing local authority partnership board members.

(c) approves the revised contract length for childcare in children's centres in Hampshire, which offers a possible extension of a further 3 years.

(d) approves the additional staffing requirements for phase II children's centres required during 2007/08 as set out in attached appendix 5.

(e) notes current progress under phase II of the children's centre programme.

3 Introduction

3.1 Children's centres are at the heart of the Government's Every Child Matters: Change for Children Programme. They are a key vehicle for improving outcomes for children and provide an exciting opportunity for services to join together to make a real difference for young children and their families.

3.2 In gaining approval for the recommendations in the report `The development of children's centres - proposals for a working model of governance' (02 April 2007), the document referred to the anticipated guidance on governance from the Department for Children, Schools and Families (DCSF), previously known as the Department for Education and Skills (DfES). It was agreed that the working model would be reviewed upon release of this guidance. This report builds on the earlier report by highlighting some minor amendments to the model for approval, provides an update on current progress under phase II and seeks approval for the creation of new posts to enable commencement of recruitment to new phase II children's centres.

4 Current progress

4.1 Designations/site locations

4.1.1 Since the last update in December 2006, a further three children's centres have received basic designation, providing a total of seven centres designated under phase II, resulting in fourteen (14) overall. Aviary Children's Centre, Trospacc Children's Centre and Bushy Leaze Children's Centre all received basic designation in August 2007.

4.1.2 Further negotiations have resulted in certain sites reaching the stage where they can be named as hosting a gateway building (main building where the core team will be based). A list of these locations can be found under appendix 1. Further updates will be available between reports on the children's centre website (www.hants.gov.uk/childrens-centres).

4.2 Twinning strategy

4.2.1 The County Council's proposal to the DCSF for a reduction in the number of phase II children's centres, was refused in July 2007. Consequently, the County Council, in collaboration with the DCSF's delivery partner, Together for Children (TfC), developed an alternative strategy. The revised strategy will enable the delivery of 53 phase II children's centres, within the current development of 44 capital programmes, to reach Hampshire's target of 42,559 under 5s.

4.2.2 The above strategy will link pairs of centres, hence the `twinning strategy', under one governance and management structure. It has also been agreed that these twinned centres will be managed directly by Hampshire County Council for the following reasons:

_ new style of management which has not been trialled in Hampshire's children's centres before;

_ some twinned sites are existing Hampshire County Council managed centres;

_ greater flexibility for restructuring at a later stage if required.

4.2.3 This approach is compliant with the County Council's governance model for children's centres, as twinned centres would operate under one centre manager, working with one partnership board. Although the partnership board would cover both centres, sub groups may be formed to focus on the separate requirements of each Notional Catchment Area (NCA).

4.2.4 Local decisions would be made for the development of the centre's parents' forum. It may be considered appropriate in some cases for more than one forum to operate. If a joint approach was preferred, there would need to be a proportional split from each forum to ensure appropriate representation on the partnership board. Due to the close proximity of the NCAs, it could also prove beneficial to form a single practitioners forum, as the same professionals could cover both areas. This decision will also be made at a local level.

4.2.5 As stated above, one centre manager will be responsible for the two centres. Each centre will be required to have its own defined NCA, delivery plan, budget/cost centre and identity i.e. name, logo, contact details.

4.2.6 Those NCAs without a gateway building will use existing facilities within the area which are deemed suitable for service delivery. These may be community or health centres, parish/village/scout halls, doctors surgeries, libraries and facilities owned by extended services clusters. The above listed venues may have been either considered unsuitable, or unwilling, to act as a gateway building.

4.2.7 New staffing models have been designed to streamline the centre support team e.g. one finance officer, administrative officers to cover the opening times of one building. However, this approach will continue to provide a dedicated full time outreach worker for each centre.

4.2.8 This proposal satisfies TfC and the DCSF as a practical solution to meeting the requirement of delivering 53 centres, while allowing the development of a capital programme within existing levels of funding. The revised strategy has been approved by the Children's Centre Board and made possible due to changes in guidance from the DCSF, together with greater flexibility offered by TfC for the delivery of services.

4.3 Procurement: Management role

4.3.1 The initial list of children's centres to be directly managed by Hampshire County Council has been approved by the Children's Centre Board. Identified as part of a consultation exercise with developing sites, 24 phase II centres were recommended for this management option. The list of named centres can be found under Appendix 2.

4.3.2 The next step for these centres will be the assessment process for recruitment of key staff, including centre managers or coordinators and outreach workers, to support the drive for designation by 31 March 2008. Children's Centre Services (CCS) have begun to advertise and recruit for these posts within Hampshire County Council managed centres, with updates on successful appointments being provided on the children's centre website.

4.3.3 The line management role for Hampshire County Council managed centres will be supported by three Quality and Performance Officers. Two of these posts will be taken up in September 2007, with the third officer due to join the team in January 2008.

4.3.4 A further sixteen centres were identified and submitted for assessment under the single tender route evaluation process. CCS have been liaising with Chief Executive's Legal Services Department to complete this process by mid-August 2007. Individual negotiations with successful organisations would then be started in September 2007. Further centres will begin this process shortly.

4.3 Capital programme

4.3.1 Considerable resource has been focused on the capital programme over the first half of the year. The purpose of which has been to progress with the identification of and negotiation with sites in order to submit individual programmes through the capital programme assessment process.

4.3.2 33 of the 39 Hampshire County Council delivered capital projects have now had the necessary signup by hosts to initial site proposals. This signature does not automatically provide full sign up for use of the site but allows movement forward to the detailed design stage. At this point, the County Council can seek approval for use of funding from TfC and Norfolk Property Services (NPS) through the capital programme assessment process.

4.3.3 The remaining five capital projects, of the total 44 projects that make up the capital programme, are being developed on third party sites. These projects will be delivered by third party capital programme teams, which will be monitored by the County Council. This monitoring role will ensure compliance with conditions for use of grant and fitness for purpose of design, before submission into the capital programme assessment process.

4.3.4 As part of the capital process for drawing down Sure Start funding, all paperwork for carry forward of children's centre capital projects completing past March 2008 has been submitted to TfC, who have granted the first stage of approval. TfC will forward the forms to DCSF for final approval, and formal notification will be provided to CCS if successful.

4.4 Funding allocations - 2008/11

4.4.1 The government has announced indicative levels of revenue funding for the period 2008 to 2011. More than £4bn will be injected into children's centres, early years education and childcare in England.

4.4.2 Hampshire County Council is expected to receive almost £39 million from the Sure Start, Early Years and Childcare Grant (formerly known as the General Sure Start Grant). This three-year revenue funding, will provide continued support and delivery of phase I and II children's centres, as well as the development of phase III children's centres. All phases contribute towards meeting the Government's target of a children's centre serving every community by 2010.

4.4.3 A further £3.2 million has been ring fenced to support the two children's centres that were formerly Sure Start Local Programmes in their transition from ten-year funding streams to mainstream Local Authority funding models.

4.4.4 Confirmation on all of the above figures is expected following the Comprehensive Spending Review 2007 (announcements due Autumn 2007). Confirmation is also awaited on the nature of phase III centres and reach targets, together with capital funding allocations. This information is also due for release in Autumn 2007.

4.5 Capacity building

4.5.1 CCS have been investing in the expansion of the core team to provide a more effective service, especially in terms of communication with key partners and responses to information requests.

4.5.2 Since the last update, the following staff have been recruited: 1 Full Time Equivalent (FTE) Administrative Officer, 1 FTE Planning and Performance Officer, 3 FTE Quality & Performance Officers, 0.6 FTE Communications Officer. These posts are funded through the Sure Start, Early Years and Childcare Grant, referred to above in 4.5.2.

4.5.3 The steps taken to improve communication with key partners include the introduction of the children's centres website, monthly update briefing papers and improved literature e.g. a pamphlet entitled, `What is a children's centre?'. Further steps are also being taken to improve links and make better use of existing networks such as Hampshire Action Teams (HATS).

5 Procurement: Childcare - proposed changes

5.1 The report of 17 July 2007, `Procurement of childcare within children's centres', amended and approved the procurement approach for securing childcare for children's centres. Paragraph 4.7 of the report outlined that the contract length of no more than 24 months would be applied due to the uncertainties within the childcare market. The outcome from the procurement briefings has indicated that the childcare providers are concerned about the length of contracts and in view of this it is requested that the contract length be amended to 24 months with a possible extension of a further 3 years to make the contracts more attractive.

5.2 This will also allow for childcare services for children's centres on County Council sites to have lease lengths offered at 24 months with a possible extension of 3 years. Contract extension would only be granted where service providers have performed satisfactorily and the outcome of the Childcare Sufficiency Assessment and results of the pathfinder indicate to the Early Education and Childcare Unit, on behalf of CCS, that such an extension would be appropriate.

6 Governance - proposed changes

6.1 In May 2007, DCSF released non-statutory guidance `Governance Guidance for Sure Start Children's Centres and Extended Schools'. This was developed using responses to the discussion paper `The Governance and Management of Extended Schools and Sure Start Children's Centres' (November 2006). CCS has been liaising with both Legal Services and Governor Services to review the working model for governance of children's centres within Hampshire in light of this guidance. On completion of this exercise, the review identified that the working model for Hampshire strongly complies with the national guidance. Feedback on the working model and examples of good practice within the guidance have identified some minor amendments that will benefit the model (the full version of the amended model can be found under appendix 3).

Maintained nursery schools (Appendix 3 - 1)

6.2 The national guidance for governance of children's centres has made clear the options for governance arrangements where children's centres are co-located with, or built around, maintained nursery schools. Reference to maintained nursery schools within Hampshire's model of governance has been amended to reflect the national guidance.

Support services (Appendix 3 - 2)

6.3 The model has been amended to clarify that there will be a requirement for all children's centres to buy-back into the support service provided by Governor Services. This is to provide a package of training and support. In order to reduce the administration involved, CCS would make the payment for this service centrally to Governor Services on behalf of all centres. This element would be `top-sliced' from each children's centre budget before allocations are transferred.

Membership (Appendix 3 - 7.2.2)

6.4 Clarification has been added around the Centre Manager or Co-ordinator and their attendance on the partnership board. The DCSF guidance document `Governance Guidance for Sure Start Children's Centres and Extended Schools' (May 2007), recommends that "the Centre Manager should always be given the option of having a place" on the partnership board. The model for governance has been adapted to include this provision and clarifies which of the three represented areas this role would fit under.

6.5 The representation of schools has also been re-worded to make it clear that this is to allow schools within the NCA, which are not co-located with the children's centre, the opportunity to be represented on the partnership board. The children's centre will serve families from a wider catchment than the school it is co-located with. It is important to ensure that these wider school links have the opportunity to have a voice collectively on the board.

6.6 The sentence requiring at least one `representative appointed by Director of Children's Services' has been removed from this section as this is no longer required. Officers of the County Council are entitled to attend meetings as necessary.

Term of office (Appendix 3 - 7.2.3)

6.7 Clarification is provided in respect of the term of office of members. The default term of office for all categories of members will be 4 years unless the partnership board agrees a shorter term in respect of any category.

6.8 Feedback on the working model from children's centres highlighted the need to provide more detail on scenarios where partnership board members leave their roles, or parents/carers no longer have a child at the children's centre. The model has been updated to provide clarification on when terms of office should come to an end under these scenarios.

Procedures at meetings of the partnership board (Appendix 3 - 7.2.10)

6.9 This section has been added to clarify:

_ the process for decision making in the event of no majority vote; and

_ the expectations that members on the partnership board will declare pecuniary or conflicts of interests and withdraw from meetings.

Transitional arrangements (Appendix 3 - 7.2.11)

6.10 This section has been added to the model and seeks endorsement for CCS to be given discretion to agree to transitional arrangements where operational centres currently have committees which exceed the maximum size in the County Council's model. This would allow a period where `surplus' members could continue to serve. The purpose would be to aid continuity, avoid unnecessary distress to individuals who have served hitherto; and to allow a period during which natural wastage may occur to achieve the same end. It is recognised that it may not be necessary to use the discretion, but it is not possible to guarantee that all those who currently serve may wish to continue. Furthermore, existing members may not `fit' the categories in the new model. Therefore, the process will need to be sensitively managed.

Interim partnership boards (Appendix 3 - 7.2.12)

6.11 This section has also been added to the model. This part is to approve the use of interim partnership boards (IPB) in the pre service delivery stage of a children's centre development to assist in the appointment of a centre manager or coordinator. The IPBs will then work with the centre manager or coordinator to develop staffing, service provision, parent and practitioner forums, before the full partnership board is established. This approach is consistent with approaches used with new or re-organised schools.

Appointing local authority members to partnership boards - Notes of guidance for County Councillors

6.12 Governor Services have been developing guidance for County Councillors on nominating local authority partnership board members (see appendix 4). The guidance includes codes of practice and advice similar to that produced for the role County Councillors play in nominating school governors. Approval is being sought for its use.

7 Recruitment to phase II children's centres

7.1 Phase II requires the delivery of 53 centres, 10 of which are existing centres working towards or who have achieved basic designation. The remaining 43 centres will be new centres, and 20 are to be managed by the County Council, 9 are to be third party (school) managed, 4 are to be third party (non-school) managed and there are 10 centres for whom governance arrangements are as yet unconfirmed.

7.2 Approval is required for the creation of any new posts within the County Council and appendix 5 details the full list of posts requiring approval.

7.3 Centres for whom governance arrangements are not confirmed are included in appendix 5 as there is the potential for them to become centres which are managed by the County Council and approval now would avoid any delay to commencing the recruitment process if they were to become County Council managed centres. Funding for these posts would come from the same source as third party managed centres receiving funding from CCS under contractual arrangements, i.e. Sure Start, Early Years and Childcare Grant.

7.4 Schools are not required to go through an approval process for the creation of new posts, and therefore the centre manager/co-ordinator posts in new school managed centres are not included in this report.

7.5 Centres operating as a full core offer model will have a centre manager and centres operating as a graduated model, will have a centre co-ordinator.

7.6 As explained in 4.2, a number of centres are to be part of the twinning strategy. These centres will operate with a Centre Manager supported by a Centre Co-ordinator. The detail of centres with these arrangements are reflected in appendix 5.

7.7 It is intended that recruitment to the Centre Manager and Co-ordinator posts commence, following the approval of the posts, during the Autumn term 2007 for the County Council managed centres. Where possible, new school managed centres will be offered the opportunity to participate in the recruitment campaign, but it is recognised that due to local management of schools and timescales, this may not be possible.

7.8 Costings in appendix 5 take into account the likely timescales for appointment during the Autumn term 2007, with an assumption that with notice periods, individuals are unlikely to commence employment before January 2008. Full year costs are also provided. On-costs have been included in both mid year and full year costings.

7.9 As the 2007 pay award is as yet unknown, an assumption has been made in the costings that this will be 2.5%.

7.10 The recruitment campaign is to be co-ordinated by HR Resourcing Centre with a focused advertising campaign to fill these senior posts.

7.11 It is recognised that upon appointment Centre Managers and Co-ordinators may not have a physical centre as their base given the current capital programmes, so arrangements in these situations will be made to ensure appropriate facilities are provided in the interim. It is recognised that their appointment during the Autumn term will enable them to be significantly involved in the development of their centres.

7.12 It is possible that further posts may need to be brought for approval to the Executive Lead Member for Children's Services (Education), as the new phase II centres develop during Spring 2008, although as far as possible, these will be included in the Workforce Plan for 2008/09.

7.13 All new posts are to be funded from the Sure Start, Early Years and Childcare Grant allocation.

8 Legal implications

8.1 The model for governance has been developed in conjunction with Legal Services and Governor Services taking account of the non-statutory guidance, `Governance Guidance for Sure Start Children's Centres and Extended Schools', released by the DCSF in May 2007.

8.2 The single tender process has been completed in line with standing order requirements and in liaison with Legal Services.

9 Financial implications

9.1 The necessary financial accountability to the County Council, whilst allowing local flexibility, will be achieved by obtaining business unit status for children's centres collectively. This requires an appropriate application under paragraph 5.10 of Financial Regulation D of Section E of Part 3 of the Constitution of Hampshire County Council, to be submitted and approved.

9.2 There are no additional costs identified as a result of the proposed changes to the Governance model. A database was created for storing the details of school governors and is used by Governor Services in supporting the governance of schools. The `Governor Manager' package can be adapted to support children's centres partnership board details. The cost of making adaptations has been supported through the 2006/2007 financial year main revenue budget for children's centres. Ongoing support and maintenance costs will continue to be met through this funding stream.

9.3 There are no additional costs or anticipated risks associated with changing the contract terms as the extension to a three year contract is subject to the organisation meeting the required performance and quality measures.

9.4 Minor amendments to the revenue funding model will be required to ensure compliance with the conditions of grant and effective delivery of phase III services.

9.5 Costs associated with creation of new Centre Manager and Co-ordinator posts are outlined in Appendix 5 and are to be met from the Sure Start, Early Years and Childcare Grant allocation.

10 Personnel implications

10.1 All County Council managed centres will be required to follow Hampshire County Council's personnel procedures e.g. Individual Performance Planning (IPP) and induction. Third-party managed centres will be required to demonstrate that they have appropriate policies and procedures in place for personnel requirements, which will meet County Council standards.

10.2 In County Council managed centres, Centre Managers or Coordinators will be line managed through a professional support and performance management system overseen by the Quality & Performance Officers within CCS. Centre Managers or Coordinators of third-party managed centres will be required to report through, but not be line managed by, the Quality & Performance Officer as in County Council managed centres.

11 Impact assessment

11.1 In the application of the working model of governance, the proposal for the parents' forum is intended to create an environment in which parents of all ethnic and social backgrounds will feel comfortable in participating. In addition, as recruitment to the partnership boards takes place, every effort will be made to ensure that boards are fully representative of the communities served by the children's centre.

12 Crime prevention issues

12.1 The Police are represented on the Extended Schools and Children's Centres Stakeholder groups. The model for governance of children's centres within Hampshire has no direct impact on crime prevention issues.

13 Views of the Local County Councillor

13.1 Due to the county wide focus of the recommendations within this report, local councillor views have not been collected.

14 Conclusion

This report has described a revised model for governance of children's centres in Hampshire and seeks approval for this model, and for notes of guidance for appointing local authority partnership board members. In addition, it has detailed a revised contract length for childcare in children's centres in Hampshire. This report also seeks approval for the creation of new Centre Manager and Co-ordinator posts for new phase II centres, and provides an update on progress under phase II of the children's centre programme.

Section 100 D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

1. Documents:

1.1 `The development of children's centres - proposals for a working model of governance' (Executive Lead Member Report - 02 April 2007).

1.2 `Procurement of childcare within children's centres' (Executive Lead Member Report - 17 July 2007).

Appendix 1 - Children's centre locations

Appendix 2 - Hampshire County Council managed children's centres

Identified through information gathered from the preference proforma exercise, the following 24 phase II centres were recommended to the Children's Centre Board for approval to be developed under the Hampshire County Council directly managed centre option:

_ Aviary Children's Centre (Eastleigh)

_ Children's centre to serve the wards of Mayfield, Fernhill and Grange (Rushmoor)

_ Pebbles Children's Centre (Basingstoke)

_ Mill Hill Children's Centre (Havant)

_ Children's centre to serve the ward of Waterloo (Havant)

_ Trospacc Children's Centre (Havant)

_ Children's centre to serve the wards of Buckskin, Winklebury and Rooksdown (Basingstoke)

_ Children's centre to serve the wards of Norden, Eastrop and Brookvale & Kings Furlong (Basingstoke)

_ Children's centre to serve the wards of South Ham and Kempshott (Basingstoke)

_ Children's centre to serve the wards of Bursledon & Old Netley (Eastleigh)

_ Children's centre to serve the wards of Hamble-le-Rice & Butlocks Heath and Netley Abbey (Eastleigh)

_ Children's centre to serve the wards of Eastleigh Central and Eastleigh North (Eastleigh)

_ Children's centre to serve the wards of Leesland, Privett, Alverstoke and Brockhurst (Gosport)

_ Children's centre to serve the wards of Milton, Becton, Barton, Fernhill and Bashley (New Forest)

_ Children's centre to serve the wards of Pennington, Lymington Town and Buckland (New Forest)

_ Children's centre to serve the wards of Ringwood South, Ringwood North, Ringwood East & Sopley and Bransgore & Burley (New Forest)

_ Children's centre to serve the wards of Abbey, Tadburn, Romsey Extra and Cupernham (Test Valley)

_ Children's centre to serve the wards of Westheath and Empress (Rushmoor)

_ Children's centre to serve the wards of North Baddesley and Chilworth, Nursling & Rownham (Test Valley)

_ Children's centre to serve the wards of Alamein, Charlton and Harroway (Test Valley)

_ Children's centre to serve the wards of St Mary's, Millway and Winton (Test Valley)

_ Children's centre to serve the wards of St Faith's and Emsworth (Havant)

_ Oak Meadow Children's Centre (Fareham)

_ Children's centre to serve the wards of Titchfield and Fareham West (Fareham)

Appendix 3

Governance of Children's Centres in Hampshire - Final Model (October 2007)

Background

`Research to inform the Management and Governance of Children's Centres' (SureStart 2006) distinguishes between governance and management. Governance is "to ensure that an organisation or partnership fulfils its overall purpose, achieves its intended outcomes for citizens and service users, and operates in an effective, efficient, and ethical manner". Management "is concerned with co-ordinating service delivery, Human Resources and budgeting to ensure that services are delivered to the best possible outcome for end users and the wider community". Management of centres will be detailed through the use of a service level agreement and performance management arrangements. This paper is primarily concerned with governance.

Successful governance arrangements should be:

_ Responsive to community needs

_ Clear about functions and roles

_ Robust and sustainable to ensure quality of service provision

_ Engaged with parents through representation on the management group and/or a parent forum

_ Involved with the wider community

_ Structured to promote partnership working

Hampshire Context

In Hampshire, a variety of approaches to governance (and management) arose during phase 1 of the implementation of children's centres, some of which proved to be problematic. There was recognition that corporately Hampshire needed to learn from this experience, and move existing centres to a single or at least agreed finite range of effective governance arrangements. Within all Hampshire's children's centres, the County Council have focused on ensuring a robust accountability for the governance of all aspects of management, including:

_ Finance

_ Health and safety

_ Human resource management

_ Local partnership working

_ Outcomes for children

1. Model of Governance

The underlying principles of the model of governance are as follows:

_ The County Council would expect all children's centres to operate with a centre manager or coordinator working with a partnership board. The partnership board should be informed both by a parents' forum and a practitioners' forum. Where there are a number of small children's centres, these forums may represent several centres serving a wider community. The parents' forum should enable the voice of centre users to be heard and will elect at least one member of the partnership board. The purpose of the practitioners' forum is to represent the views of the range of people delivering services through the centre and will elect at least one member of the partnership board.

_ For County Council managed centres, accountability for the work of the centre and its outcomes will be through the centre manager or coordinator working with the partnership board. The centre manager or coordinator will be line-managed through a professional support and performance management system overseen by an appointed senior officer within the County Council.

_ For school managed centres, the County Council will contract with the school's governing body through a Service Level Agreement (SLA), recognising the governing body's extended schools powers (i.e. its powers under the Education Act 2002 ) to enter into arrangements or agreements with other bodies to provide community services. Contractual responsibility for the work of the centre and its outcomes will be with the school's governing body, working with the partnership board. The centre manager or coordinator will report through, but not be line managed by the same professional support system as in County Council managed centres.

_ In other third-party managed centres, contractual responsibility for the work of the centre and its outcomes will be with the third-party working with the partnership board. The centre manager or coordinator will report through, but not be line managed by the same professional support system as in County Council managed centres.

_ Where children's centres are co-located with, or built around, maintained nursery school provision, the options for governance arrangements are the same as for centres located on school sites as described above.

2. Financial and Personnel Management

The Scheme of Financial and Personnel Management for children's centres will provide further detail on the following areas:

Financial Management

The necessary financial accountability to the County Council, whilst allowing local flexibility, will be achieved by obtaining business unit status for the children's centres collectively, to be known as Children's Centre Services (CCS). Accordingly the following principles for devolved financial management to the Children's Centre Services business unit are proposed:

_ The initial application for business unit status and the subsequent annual business plans, in respect of the children's centres collectively, will set the overall financial plan within which individual centres will operate;

_ Each County Council managed centre is an operational unit within an overall business unit encompassing them collectively;

_ Third-party managed centres will receive funding via the CCS under contractual arrangements.

The County Council has chosen to distribute funds among the centres in accordance with a formula, which takes account of the size and type of each centre, and which takes account of other factors deemed relevant, including any brought forward balance.

In County Council managed centres, the centre manager or coordinator will have devolved financial management responsibility for all the revenue funds of the children's centre, including income from: the County Council, government grants, charges to users, sales, other grants, and payments from other bodies. The centre manager or coordinator, working with the partnership board, will determine spending priorities, including related decisions on the appointment of staff and the use of premises. In doing so they will operate within the CCS strategic plan and annual objectives.

Within the context of the overall business unit and County Council decisions as to the levels of business unit balances, each children's centre manager or coordinator and the partnership board, working together, should have the incentive to plan future spending to meet longer-term needs and objectives, by retaining unspent balances for specific purposes and the amounts should not be excessive.

CCS will develop a policy for fees and charges at children's centres which will recognise the need for flexibility and address the specific issues that might be faced by third-party managed centres. Centre managers or coordinators will work with partnership boards to agree fees and charges that will comply with this policy.

The centre manager or coordinator is responsible for planning, revising and monitoring the budget and must report to the partnership board at least quarterly. Budget deficits will not be allowed and any suggestion of a budget deficit developing in year must be reported to CCS immediately.

Children's centres must use an approved financial system, to account properly for all their funds, and keep sufficient financial records to satisfy the County Council's requirements. The County Council managed centres will be required to use `SAP'. Third-party managed centres will need to have sound financial systems that are approved by, and meet the County Council's reporting requirements.

The County Council remains the accountable body for all contracts and formal legal agreements for County Council managed centres and for services delivered by third-parties, including schools, through SLAs.

Capital

Capital expenditure is the responsibility of the County Council. The use of children's centre balances for capital expenditure requires the specific consent of the County Council.

Support Services

The County Council managed centres will obtain their support services, such as human resources, ICT, finance from County Council specialist support teams and business units under the terms of an internal SLA.

Third-party providers will make arrangements for the management of funds which takes account of the principle of local decision making and the County Council's responsibility for equality of access throughout the county.

Third-party providers will be allocated funding for support services for children's centres as part of their SLA and they will be required to demonstrate how the necessary support will be provided. Depending on the third-party, it may be possible for them to buy-back from County Council specialist support services. Third-party providers will, however, be required to buy-back the support service provided by Hampshire County Council's Governor Services for partnership boards. To streamline this process, this cost will be `top-sliced' from the third-party providers budget allocation by Hampshire County council and transferred centrally by CCS on behalf of all children's centres.

3. Health and Safety

All County Council managed children's centres will be required to operate in accordance with the County Council's health and safety and safeguarding children policies and procedures. Third-party providers may choose to adopt the County Council's health and safety and safeguarding children arrangements, or would be required to satisfy the County Council that its own policies and procedures for these areas were comparable to the County Council's.

The centre manager or coordinator will report regularly to the partnership board on these issues and to the County Council as required. Children's centres are expected to be a resource used by a wide section of the community. Adults will be using the same or proximal resources as young and potentially vulnerable children. Where centres are on school or third-party sites, close liaison with the school's governing body or third-party site's management arrangements will be necessary to ensure safety, particularly of children across the site. For County Council managed centres, an identified officer will be available to offer general advice and specialist services will be available from health and safety advisors and the Safeguarding Unit of the Children's Services Department.

4. Human Resource Management

County Council managed centres

In County Council managed children's centres, all human resource matters will be conducted in accordance with the County Council's relevant policies and procedures. centre managers or coordinators will be appointed by the County Council, working, where possible, with representatives of partnership boards.

Performance management of the centre manager or coordinator will be carried out in accordance with the County Council's Individual Performance Planning (IPP) arrangements and undertaken with the involvement of at least two representatives of the partnership board.

Centre managers or coordinators will agree with partnership boards, the staffing establishment of the centre on an annual basis and exercise devolved powers of appointment. CCS may be represented whenever it considers advisable.

Centre managers or coordinators, working with the partnership board, will be responsible to the County Council for the appointment, induction, performance review, professional development, grievance, discipline and competence of County Council staff at the centre. The County Council may be represented whenever it considers advisable.

County Council managed children's centres will receive professional support on all

human resource matters, from specialist advisers, under the terms of an internal SLA.

Third-party managed centres

Third-party providers will be required to operate in accordance with the principles of local decision making and fair and equal treatment of staff and to show that its policies and procedures for human resource management comply with national expectations and best practice. The County Council will provide a representative for appointments in third-party centres, where appropriate and if requested. Third-party providers will be allocated funding for the provision of human resources support to children's centres as part of their SLA and they will be required to demonstrate how the necessary support will be provided. Depending on the third-party, it may be possible for them to buy-back from County Council specialist support services.

5. Local Partnership Working

Accountability for local partnerships with the community and voluntary sector, health professionals, children's services (including extended services around schools) and the Police, sits with the centre manager or coordinator who will report regularly to the partnership board and the County Council.

6. Outcomes for Children

Performance indicators have been set nationally for children's centres that are based on the five outcomes for children as defined in Every Child Matters. Each children's centre will be required to produce, implement, and evaluate its own development plan to achieve these outcomes, informed by county, district, and local priorities and supported by appropriate specialist county staff.

Monitoring centres' plans will be undertaken by Quality & Performance Officers, reporting to the appointed senior officer within CCS. The County Council has the responsibility to intervene if any centre is shown to be underperforming.

Third-party providers will be required to work with County Council monitoring mechanisms to assure quality outcomes for children and to meet agreed reporting requirements. Where centres are underperforming the County Council will put appropriate support and monitoring in place with the third-party. If improvement is not demonstrated within the specified period, actions will be taken in accordance with the SLA.

7. Constitutional Considerations

All children's centres are expected to have a children's centre partnership board that represents users and the interests of other local stakeholders. Training and support mechanisms are being developed for children's centre partnership boards, which will be available to all partnership boards in Hampshire. More detailed considerations regarding the role of partnership boards are listed under section 7.1.

7.1 The responsibilities of centre managers or coordinators working with partnership boards

7.1.1 The centre manager or coordinator should report to the partnership board regarding internal organization and management, and together they should take overall responsibility for the development, delivery and continuous improvement of high quality services that impact on the lives of local families and improve outcomes, as defined in Every Child Matters.

7.1.2 To ensure services are delivered, monitored, and evaluated and work

objectives are achieved, in line with implementation and development plans.

Support and advice to be accessed, as necessary.

7.1.3 To develop and recommend to CCS annual spending and development plans.

7.1.4 To ensure work with parents, children, members of the local community

and other stakeholders reflects ongoing evidence of local need. This will

include regular consultation exercises designed to reach all sections of the

community followed by clear planning and action.

7.1.5 To ensure that health and safety and safeguarding procedures are in

place across all areas of service delivery that meet the requirements of the County Council and Ofsted.

7.1.6 To work within the plans of the District 0-19 Group in the development

of district delivery plans and partnership work.

7.1.7 To ensure that formal complaints are dealt with in accordance with the Children's Centres Complaints Procedure and agree any actions in response to complaints.

7.1.8 To ensure effective financial management systems are in place that meet the DCFS and the County Council's financial requirements for children's centres as set out in the Scheme of Financial and Personnel Management for children's centres.

7.1.9 To ensure effective working relationships are developed with other

initiatives to ensure integrated delivery of services in the local community and

best use of resources.

7.1.10 To ensure there are clear lines of communication with the parents'

forum and practitioners' forum.

7.1.11 To carry out the above responsibilities in an open and transparent

manner and in accordance with the Nolan Principles of Public Life and to

show respect for colleagues, staff, families and other stakeholders.

7.1.12 To provide data and reports to the County Council on request.

In addition, where the children's centre is on a school or third-party site:

7.1.13 To ensure there is an effective working relationship and systems to clarify roles and responsibilities with the school and its governing body or the third-party site's management arrangements.

7.2 Constitutional Details

7.2.1 Size

Between 6 - 15 members, to be determined in the first instance by the Council County working with its partners e.g. site owner, third party provider. Thereafter, to be agreed by the County Council, in consultation with the partnership board.

7.2.2 Membership

Should, subject to rounding, represent a 33% split between:

- parent/carers

- providers/partners

- voluntary/community

At least one:

_ representative from the parents, elected by the parents' forum

_ representative from the practitioners, elected by the practitioners' forum

_ representative nominated by the local county councillor

_ school governing body representative (from surrounding schools)

_ third-party representative (where the centre is managed by a third-party, including schools)

_ site representative (if appropriate)

_ voluntary/community representative (co-opted by the other members of the partnership board).

The centre manager or coordinator should always be given the option of being a representative of the providers/partners group

The initial appointments to the partnership board will be made by the County Council. Thereafter, appointments will be made by the County Council, acting on the nomination by the partnership board. The County Council reserves the right to refuse to appoint nominees about whom it has concerns.

All partnership board appointments are made under delegated powers by the Director of Children's Services in consultation with the Executive Lead Member for Children's Services (Education).

Membership records will be maintained by the County Council following an adaptation of the existing system used to record membership of school governing bodies.

7.2.3 Term of office

The term of office for all categories of members will be 4 years unless a shorter term has been recommended by the partnership board, agreed by the County Council and recorded in the Constitution for the children's centre partnership board.

Members can be appointed or elected for further terms of office. In cases of misconduct where the partnership board considers removal from office is necessary, it would make a recommendation to the Director of Children's Services. The Director of Children's Services shall have delegated power to remove members from the partnership board in these circumstances. There will be the right to appeal this decision to a panel of elected members convened by the Executive Lead Member for Children's Services (Education).

Parent representatives will cease to be eligible to be nominated to serve on the partnership board once they no longer have children of their own that attend or access services from the children's centre. They will therefore be required to step down at the completion of the term of office.

Where a staff representative is no longer employed in connection with children's centre then he or she will cease to be eligible to sit on the partnership board and their term of office comes to an end on the date they leave that employment.

Similarly where a provider ceases to provide services at or in connection with the children's centre, their representatives will cease to be eligible to sit on the partnership board and their term of office comes to an end on the date the provider ceases to provide the service.

7.2.4 Vetting

All members of partnership boards will be vetted in accordance with the national guidance on vetting for school governors as from time to time amended.

7.2.5 Chairman

To be elected by the partnership board but must not be a member of centre staff or a provider. Term of office to be determined by the partnership board, but no more than 2 years. Individuals may be re-elected for further terms as Chairman.

7.2.6 Frequency of meetings

To be determined by the partnership board, but at least quarterly.

7.2.7 Committees

Partnership boards may set up one or more committees. Such committees must be reviewed annually. Committees must:

_ be administered in accordance with the requirements of the partnership board as a whole

_ consist of a minimum of three members

_ have terms of reference

_ report their meetings and actions to the partnership board at the next meeting

_ be professionally advised by the centre manager or coordinator or a nominee.

7.2.8 Clerk to the partnership board

Appointed by the County Council, based on a recommendation from the children's centre manager or coordinator and partnership board, but must not be the centre manager/coordinator or a member of the board.

7.2.9 Meeting administration

Agendas, papers, reports, minutes being considered by the children's centre partnership board should be supplied to all members of the board five days prior to, and 10 days following the meeting in question. Officers of the County Council have a right to convene or attend any meeting of a partnership board on request from CCS.

7.2.10 Procedures at meetings of the partnership board

Voting

Decisions by the partnership board will be made by way of majority vote, and in the event of there being no majority, the Chairman shall have a casting vote.

Conflicts of Interest

Members of the partnership board will be expected to declare any pecuniary interest or conflict of interest in matters being discussed by the partnership board, and withdraw from the discussion and voting on those matters.

7.2.11 Transitional arrangements

Where operational centres currently have committees which exceed the maximum size in the County Council's model, CCS may agree a transitional period of up to 2 years where `surplus' members could continue to serve.

7.2.12 Interim partnership boards

An interim partnership board may be established to facilitate the establishment of a children's centre prior to existence of a parents' forum and practitioners' forum. Membership would be in accordance with the principles of the model. The establishment of the full board will be within 3 months of the opening of the centre.

Appendix 4

Appointing local authority members to partnership boards

Notes of guidance for County Councillors

October 2007



Contents

Introduction

As a County Councillor you are responsible for recommending candidates for appointment as local authority members for children's centres in your electoral division. This should be done in accordance with the Code of Practice overleaf, which was approved by the Executive Member for Children and Families on 11 October 2007. local authority members can have a term of office of between one to four years as determined by the partnership board.

Members have a vital role to play as the link between centres, the local community and the local authority. It is your responsibility to recommend members who have a keen and active interest in improving the outcomes for young children and their families and who are able to commit their time, skills and energy to an effective involvement in the life of the centre.

The strength of a partnership board lies in the collective knowledge, experience and expertise of its members. The centre manager/co-ordinator, working with the board, has overall responsibility for the development, delivery and continuous improvement of high quality services that impact on the lives of local families and improve outcomes for young children, as defined in Every Child Matters. The board has an important representative and monitoring role in relation to the work of centres and helps the centre manager/co-ordinator to:

· ensure services are delivered, monitored, and evaluated and work objectives are achieved, in line with implementation and development plans;

· develop and recommend to Children's Centre Services annual spending and development plans;

· ensure work with parents, children, members of the local community and other stakeholders reflects ongoing evidence of local need;

· ensure that health and safety and safeguarding procedures are in place across all areas of service delivery and that they meet the requirements of the County Council and Ofsted;

· work within the plans of the District 0-19 Group in the development of district delivery plans and partnership work;

· ensure effective working relationships are developed with other initiatives to ensure integrated delivery of services in the local community and the best use of resources;

· ensure there are clear lines of communication with the parents' forum and practitioners' forum;

An effective partnership board must be able to work as a team and this demands regular attendance and energetic commitment from all its members.

Partnership board members need to have a good relationship with the centre manager/co-ordinator and must get to know the centre, staff and users. To be most effective they need to attend formal training and development events.

Being a board member requires time and effort to effectively fulfil the responsibilities of the post. Therefore, County Councillors and prospective local authority partnership board members should be fully aware of the role they will need to play and be satisfied that they will be able to make a positive contribution to the life of the centre.

Appointment of local authority members to Hampshire Children's Centres - Code of Practice

1 Local authority members are appointed by the County Council on the nomination of the elected member for the electoral division in which the centre is based, subject to paragraph 2.

2 All new and re-nominated local authority partnership board members will be subject to a vetting process to check that they are eligible to be a member under current government guidance.

3 Nominating County Councillors should consult with other local elected members concerning the filling of local authority partnership board memberships where significant numbers of centre users come from outside their electoral division.

4 Partnership boards may make representations to the County Council concerning the filling of local authority vacancies on their board and should bring these to the attention of their local County Councillor.

5 The County Council seeks to appoint people as local authority partnership board members who:

· have a keen and active interest in improving the outcomes for young children and their families;

· are able to commit their time, skills and energy to the centre;

· are willing to undertake the necessary training and keep themselves up-to-date;

· are committed to the effective governance of the centre.

6 Where a local authority membership remains vacant for three months and the local county councillor is unable to make a nomination an appointment may be made by the Director of Children's Services in consultation with the Executive Lead Member for Children's Services (Education).

7 The County Council welcomes applications for partnership board members from all sections of the community. Casual applicants will be assessed for suitability against the criteria in 5 above. Where successful they will be assigned to a `pool' from which county councillors and partnership boards may draw to fill vacancies.

8 Objections to the nomination or re-nomination of individuals as local authority members may be made by the partnership board or the County Council. They must be based on factual evidence of unsuitability rather than personal opinion. If having received the objections the county councillor still wishes to nominate the individual concerned the matter will be referred to the Executive Lead Member for Children's Services (Education) and failing resolution to a Members' Panel.

9 The County Council may remove an local authority partnership board member from office for `good reason'. Written notice will be given setting out the reasons for removal.

10 Local authority partnership board members are expected to attend partnership board meetings on a regular basis. Where they fail to attend for a continuous period of six months (from the date of the first meeting missed) without the consent of the board it has been decided by the local authority that they will be subject to the same disqualification regulations as school governors. The relevant Regulations are contained in Appendix 1.

Approved by the Executive Member for Children and Families on 11 October 2007.

Recruitment and consultation

Recruiting good members is the priority and these guidelines amplify the Code of Practice and offer further advice.

· Before a candidate is appointed or re-appointed as a local authority partnership board member their application will be subject to vetting. Please make sure that anyone you propose to nominate is aware of this fact and that they have seen the disqualification criteria (see Appendix 1) that relate to school governors, as the local authority has decided that these will apply to members of partnership boards as well. Providing this information to the candidate gives them the opportunity to withdraw before they are nominated to avoid any embarrassment.

· All new candidates should complete and sign the County Council's Partnership Board Member Application Form. This ensures that they have seen the disqualification criteria, signed the declaration of eligibility and are aware that their application is subject to a vetting process.

· Centres notify the relevant local office of any local authority partnership board member vacancies that arise for reasons other than the term of office coming to an end. The local office will, in turn, notify the appropriate County Councillor.

· The local office advises partnership boards and County Councillors of forthcoming vacancies occurring as a result of local authority members coming to the end of their term of office. The partnership board is asked to contact you within 4 weeks if they wish to make representations about the filling of the vacancy.

· The local authority partnership board member in post is also asked to contact you directly, within the same specified period, if s/he would like to be considered for re-nomination.

· If the partnership board has suggested a candidate you do not know, it is good practice to contact them personally before agreeing the nomination. If you feel you have a stronger candidate it is advisable to seek the views of the chairman of the board and the head of centre on your proposed nomination, although the final recommendation will be yours. Such consultation should ensure you are alerted to any difficulties or conflicts of interest a candidate might face.

· It is vital that local authority partnership board member vacancies are filled as quickly as possible. If you do not have a candidate to put forward the local office will forward you any applications received from members of the community who are interested in joining a partnership board.


· The local office will supply a list of all partnership board members at centres where local authority vacancies arise and can provide details of all existing partnership board members in each centre in an elected member's electoral division.

· If, after three months, you have not provided a suitable nomination to fill a local authority member vacancy, then an appointment may be made by the Director of Children's Services in consultation with the Executive Lead Member for Children's Services (Education). The local office will issue a reminder to County Councillors that a vacancy still exists at least four weeks before the matter is due to be referred to the Director of Children's Services.

Support and development opportunities

Ongoing support and development opportunities are available to all partnership board members of Hampshire children's centres. The majority of this support is offered by Hampshire Governor Services but the centre to which members are appointed also has a role. Please encourage your nominee to attend relevant training provided by the local authority as this is a vital part of the new partnership board member's development.

Nominations

Subject to the disqualification criteria adopted by the local authority you can nominate anyone over 18 to be an local authority member but you should try to ensure that their appointment would promote a balanced and harmonious partnership board, that their skills are appropriate and they have sufficient time to devote to the role.

Candidates new to the role should be asked to complete the County Council's Partnership Board Member Application Form. Once you have received the completed form you can then make your nomination by signing and dating box 6 on the form. Applicant packs which contain the application form are available from your local office or can be sent at your request to any interested individual. For re-nomination of serving partnership board members you should use the Personal Declaration Form provided by Hampshire Governor Services. Both forms can also be found on the Governor Services website www.hants.gov.uk/education/governors

The paragraphs below outline some issues to consider and also cover the circumstances in which someone may be disqualified from being a partnership board member.

Disqualification from membership of partnership boards

The local authority is applying the same disqualification criteria for partnership board members as apply to school governors, these are contained in the School Governance (Constitution) (England) Regulations 2007 (see Appendix 1). By using the County Council's Partnership Board Member Application Form or Personal Declaration Form you can ensure that anyone you propose to nominate is aware of all the possible restrictions on their appointment. You should also make the nominee aware (e.g. by using the forms mentioned) that their application will be subject to a vetting process. If this check reveals that they are ineligible to serve as a partnership board member they will be notified accordingly.

Balance

A partnership board should have a reasonable spread of age groups and a balance of men and women. It should reflect the cultural mix of the community and have representatives from local businesses.

The governance model for partnership boards is based on a 33% split between parent/carers, providers/partners and voluntary/community members. Local authority partnership board members come under the voluntary/community criterion and it is advisable therefore not to nominate candidates who could fill posts from the other two representative groups. Imbalance may also occur when an existing partnership board member in a different category applies for a `swap' to a local authority post As a County Councillor you should be very careful in these circumstances and approach the centre and your local Children's Services office for additional information before reaching a decision.

Stability and continuity

An effective partnership board needs an element of continuity. Local authority partnership board members are normally appointed for a four year term of office. However, the agreed model for governance of children's centres allows individual partnership boards to specify a term of office of between 1 and 4 years for any category of partnership board member including local authority appointed members. You should consider re-nominating partnership board members who have undertaken training and have acquired a wealth of experience, taking into account the willingness of the person to stand and any representations made by the board. At the same time an influx of new ideas and energies onto the partnership board can be to a centre's advantage.

Appointment to more than one partnership board

Many people find that the significant workload and responsibilities of being a partnership board member make it difficult to fulfil the role for more than one board. However, if you are satisfied that the person you are putting forward has the time and the necessary level of commitment to contribute effectively to more than one partnership board there is no reason why you should not make the nomination.

Assistance in finding suitable candidates

Hampshire Governor Services holds details of people who have expressed an interest in becoming partnership board members. You will need to assess the suitability of these individuals for the particular vacancy under consideration before deciding on your nomination. For details of potential members held by Governor Services please contact your local office shown below:

New Forest Local Office,
Winsor Road,
Bartley,
Southampton,
S040 2HR

Tel: 02380 816119
Fax: 02380 814737
Email: [email protected]

Fleet Local Office,
Birch House,
Barley Way,
Fleet,
GU13 8YB

Tel: 01252 814775
Fax: 01252 814750
Email: [email protected]

Havant Local Office,
River Way,
Havant,
P09 2EL

Tel: 02392 441510
Fax: 02392 49817
Email: [email protected]

People who are related

Try not to nominate people to the same partnership board who are related or are living together. This can lead to potential conflicts of interest and limit the range of experience available.

Objections to nomination and removal of local authority board members

Objections to a nomination or re-nomination can come from the partnership board or the County Council. They must be based on factual evidence of unsuitability rather than personal opinions.

In cases of misconduct where the partnership board considers removal from office is necessary it must make a recommendation for removal to the Director of Children's Services who has the delegated power to remove members from partnership boards in these circumstances. The board member will be given written notice of the decision and the reasons for it. There will be the right to appeal this decision to a panel of elected members convened by the Executive Lead Member for Children's Services (Education). The nominating county councillor will be notified if a local authority partnership board member is removed from post.

In addition, any partnership board member who fails to attend meetings of the board for a continuous period of six months, without its consent, will be notified of his/her removal from office (sending apologies does not constitute being given permission not to attend).

The County Council has the power to remove a local authority partnership board member during his/her time of office on written notice being given setting out the reasons.

Appendix 1

The School Governance (Constitution) (England) Regulations 2007

SCHEDULE 6


(Regulation 22)


Qualifications and disqualifications

General

1. (1) A person is disqualified from holding or from continuing to hold office as a governor of a school at any time when he is a registered pupil at the school.

(2) No person is qualified to be a governor unless he is aged 18 or over at the date of his election or appointment.

(3) Sub-paragraphs (1) and (2) do not apply to an associate member appointed under regulation 11.

2. No person may at any time hold the office of more than one governor of the same school.

3. Save as otherwise provided in these Regulations, the fact that a person is qualified to be

elected or appointed as a governor of a particular category at a school does not disqualify him from election or appointment or from continuing as a governor of any other category at that school.

Mental disorder

4. A person is disqualified from holding or from continuing to hold office as a governor of a

school at any time when he is detained under the Mental Health Act 1983.

Failure to attend meetings

5. (1) This paragraph applies to any governor who is not a governor by virtue of his office.

(2) A governor, who, without the consent of the governing body, has failed to attend their meetings for a continuous period of six months beginning with the date of the first such meeting he failed to attend, is, on the expiry of that period, disqualified from continuing to hold office as a governor of that school.

(3) A foundation governor (other than an ex officio foundation governor), LEA governor, community governor, partnership governor or sponsor governor who has been disqualified as a governor of a school under sub-paragraph (2) is not qualified for election, nomination or appointment as a governor of any category at that school during the twelve months immediately following his disqualification under sub-paragraph (2).

Bankruptcy

6. A person is disqualified from holding or continuing to hold office as a governor of a school if:

(a) his estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or

(b) he is the subject of a bankruptcy restrictions order or an interim order.

Disqualification of company directors

7. A person is disqualified from holding, or from continuing to hold, office as a governor of a school at any time when he is subject to:

(a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986;

(b) a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989;

(c) a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002; or

(d) an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).

Disqualification of charity trustees

8. A person is disqualified from holding or from continuing to hold office as a governor of a school if:

(a) he has been removed from the office of trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or to which he contributed or which he facilitated by his conduct; or

(b) he has been removed, under section 34 of the Charities and Trustee Investment (Scotland) Act 2005(Powers of Court of Session), from being concerned in the management or control of any body.

Persons whose employment is prohibited or restricted

9. A person is disqualified from holding or from continuing to hold office as a governor of a school at any time when he is:

(a) included in the list kept under section 1 of the Protection of Children Act 1999 (list of those considered by the Secretary of State as unsuitable to work with children);

(b) subject to a direction of the Secretary of State under section 142 of EA 2002 (or any other disqualification, prohibition or restriction which takes effect as if contained in such a direction);

(c) disqualified from working with children under sections 28, 29 or 29A of the Criminal Justice and Court Services Act 2000;

(d) disqualified from registration under Part 10A of the Children Act 1989 for child minding or providing day care; or

(e) disqualified from registration under Part 3 of the Childcare Act 2006.

Criminal convictions

10. (1) Subject to sub-paragraph (6) below, a person is disqualified from holding, or continuing to hold, office as a governor of a school where any of sub-paragraphs (2) to (4) or (6) below apply to him.

(2) This sub-paragraph applies to a person if:

(a) within the period of five years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor by virtue of his office, or
(b) since his appointment or election as governor or, as the case may be, since he became a governor by virtue of his office, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.

(3) This sub-paragraph applies to a person if within the period of 20 years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor by virtue of his office, he has been convicted as aforesaid of any offence and has had passed on him a sentence of imprisonment for a period of not less than two and a half years.

(4) This sub-paragraph applies to a person if he has at any time been convicted as aforesaid of any offence and he has had passed on him a sentence of imprisonment for a period of not less than five years.

(5) For the purposes of sub-paragraphs (2) to (4) above, any conviction by or before a court outside the United Kingdom of an offence which, if the facts giving rise to the offence had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom must be disregarded.

(6) This sub-paragraph applies to a person if:

(a) within the period of five years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor by virtue of his office, or
(b) since his appointment or election as governor or, as the case may be, since he became a governor by virtue of his office, he has been convicted under section 547 of Education Act1996 (nuisance or disturbance on school premises) or under section 85A of the Further and Higher Education Act 1992 (Nuisance or disturbance on educational premises) of an offence and has been sentenced to a fine.

Refusal to make an application for a criminal records certificate

11. A person is disqualified from holding or continuing to hold office as a governor at any time when he refuses a request by the clerk to the governing body to make an application under section 113A of the Police Act 1997 for a criminal records certificate.

Notification to clerk

12. Where, by virtue of any of paragraphs 6 to 10:

(a) a person is disqualified from holding, or from continuing to hold, office as a governor of a school; and

(b) he is, or is proposed to become, a governor, he must give notice of that fact to the clerk to the governing body.