Luton Borough Council

School governor exemptions, qualification criteria and vetting process

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 and a half 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

In addition, a person is disqualified from:

appointment as a local authority governor if they're eligible to be a staff governor of the school
election or appointment as a parent governor if:

they're an elected member of the local authority
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 either:

they're a parent of a registered pupil at the school
if that is not possible, a parent of a former pupil of the school
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
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're:

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

Legislation

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.