In the interest of safeguarding children it will be necessary for your application to undergo a vetting process. Criminal records may be disclosed because being a governor is covered by the Rehabilitation of Offenders Exemption Act.
The following text summarises the qualification and disqualification regulations. Please seek advice if you think you may be affected.
A governor must be aged 18 or over at the time of their election or appointment.
A registered pupil of the school cannot be a governor.
A person cannot hold more than one governorship at the same school.
A person is disqualified from holding or from continuing to hold office as a governor or associate member if they:
- have failed to attend meetings for six months
- are bankrupt
- are subject to a disqualification order or disqualification undertaking under companies legislation or an order concerning insolvency
- have been removed from the office of trustee for a charity on grounds of misconduct or mismanagement or from being concerned in the management or control of any body
- are included in the list of those considered by the Secretary of State as unsuitable to work with children
- are subject to a direction of the Secretary of State under section 142 of Education Act 2002
- are subject to a direction of the Secretary of State under section 128 of the Education and Skills Act 2008
- are disqualified from working with children or from registration for child minding or providing day care
- have received a sentence of imprisonment (whether suspended or not) for a period of not less than three months (without the option of a fine) in the five years before becoming a governor or since becoming a governor
- have received a prison sentence of 2.5 years or more in the 20 years before becoming a governor
- have at any time received a prison sentence of five years or more
- have been fined for causing a nuisance or disturbance on school premises during the five years prior to or since appointment or election as a governor
- refuse to make an application for a criminal records certificate
A person is disqualified from appointment as a local authority governor if they are eligible to be a staff governor of the school.
A person is disqualified from election or appointment as a parent governor if they are an elected member of the LA or if they work at the school for more than 500 hours in any year.
In addition a person may not be appointed as a parent governor unless they are:
- a parent of a registered pupil at the school,
- or if that is not possible a parent of a former pupil of the school
- or if that is not possible a parent of a child of or under compulsory school age
At special schools the criteria for parent governors are the same as the first 2 above, then:
- a parent of a child of or under compulsory school age with special educational needs for which the school is approved
- or if that is not possible a parent with experience of educating a child with special education needs
A person may not be a partnership governor if they are:
- a parent of a registered child at the school
- eligible to be a staff governor at the school
- an elected member or employee of the local authority
Schedule 4 of The School Governance (Constitution) (England) Regulations 2012 sets out the disqualification criteria for maintained school governors.
The Department for Education model articles of association set out the disqualification criteria for trustees and member of local governing bodies (articles 68-80). It will be important to reference the specific academy’s articles of association.