Education (Governing Bodies) (Jersey) Order

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made to make the Order cited as the Education (Governing Bodies) (Jersey) Order 2006 and to approve the Handbook for Governors.

Subject:	Education (Governing Bodies) (Jersey) Order 200- Handbook for Governors (2006)
Decision Reference:		Exempt clause(s):		None
Type of Report (oral or written):	Written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		As title
Written Report – Title:	Governing Bodies A Handbook for Governors 2006 Version	Written report – Author:		Director of Education, Sport and Culture
Decision(s): i) To make the Order cited as the Education (Governing Bodies) (Jersey) Order 200- which will come into force 7 days after it is made; ii) to approve the Handbook for Governors dated 13th August 2005 for publication and circulation to all governors of provided schools with governing bodies.
Reason(s) for decision: i) The effect of the Order is to remove the requirement for a governor to be nominated by the Minister for Education, Sport and Culture but to introduce a right of attendance of meetings of governing bodies for the Minister or his nominee; ii) the revised Handbook for Governors incorporates changes to take account of the Order and a range of textual and procedural amendments, formerly agreed by the Education, Sport and Culture Committee at its meeting of 12th September 2005 and by the Minister for Education, Sport and Culture as detailed in the attached report dated 16th December 2005, which are necessary to give effect to the transition to ministerial government. These include the membership of appointments boards for school staff and the delegated authority invested in those boards as set out in Appendix A to the Governors Handbook attached to this Decision.
Action required: i) to lay the Education (Amendment (Jersey) Order 200- before the States; ii) to circulate the Governors Handbook 2006 Version to governing bodies; iii) to notify the Assistant Greffier in order that the Order may be presented to the States; iv) and advise the Law Clerk
Signature:			Date of Decision:

Education (Governing Bodies) (Jersey) Order

Department Education, Sport and Culture Report
Subject:	Governing Bodies – A Handbook for Governors
Exempt Clause:	N/A	Date:	16th December 2005
Author:	Director of Education, Sport and Culture

1. Introduction

1.1. The purpose of this report is to seek the Minister’s approval for the revised Handbook for Governors which takes account of the introduction of Ministerial Government and the further consultation on the Handbook which was authorized by the Education, Sport and Culture Committee at its meeting held on 12th September 2005.

2. Background

2.1. Governing Bodies are established under the Education (Jersey) Law 1999. A Governor’s Handbook which sets out a framework for the role, constitution and proceedings was published by the former Education Committee and has been revised periodically to take account of developing practice. With the adoption of Ministerial Government, a series of amendments have been determined to take account of the changed circumstances.

2.2. The Education, Sport and Culture Committee previously approved amendments in the Appointments, Grievances and Disciplinary Procedures and a range of relatively minor textual changes which are included in the Handbook for Governors (2006).

2.3 Further consultation with stakeholders, including headteachers, teacher representatives and chairmen of governing bodies on the purposes and contents of the Handbook has been undertaken. In response to that consultation, the Minister is asked to consider a further number of amendments, set out in the attached schedule.

4. Recommendation

The Minister is recommended:

i) to adopt the revised version of the Governor’s Handbook and to authorise the Director to arrange for consequent amendments to the Education (Jersey) Law 1999 which will be minor in nature;

ii) to agree to the circulation of the Revised Handbook to all members of governing bodies.

Schedule of Amendments for consideration by the Minister of Education, Sport and Culture

p.7 Various amendments to remove references to the “nominated governor”;

p.8 At 1.4 insert the following:

Meetings of the Governing Body may be attended by the Minister for Education, Sport and Culture (the Minister) or another person nominated by him. When in attendance, the Minister or his nominee has no voting rights.

Replace penultimate paragraph in left hand galley with:

The Minister may, by Order, delegate to a Governing Body any of the functions of the Minister in relation to that school, excluding any power to make an enactment. Before making an Order, the Minister must consult with interested parties and bodies.

Replace statement below bold type at head of right hand galley with:

The following paragraph outlines the responsibilities of the Governing Body and may be considered in conjunction with Table 2 (page 17) which illustrates the division of responsibilities between the Governing Body and Headteacher.

p.10 At commencement of paragraph entitled “Managing the school’s budget, insert:

The Governing Body is responsible for approving and monitoring the school’s annual budget.

p.13 Left hand galley – delete (b) and renumber

c) the Minister or his nominee; and

Appendix A

Replace A.3.4. as follows:

The appointment board has delegated powers to make an appointment which the Headteacher will report to the Governing Body and the Director. If the appointment board wishes not to make an appointment, the Headteacher should submit a report to the Director, setting out the reasons for not making an appointment. At this stage the Headteacher may seek a national advertisement or re-advertisement of the post.