SCHEME OF DELEGATION LEVELS OF DELEGATION The Scheme of delegated authority has been developed to provide clarity on the delegations approved by the Board of Trustees at the following levels:
The Board of Trustees; The Board Committees; The Chief Executive; Local Governing Bodies; Local Governing Body sub-committees or individual local governors with lead responsibilities; The Academy Principal/ Executive Principal.
AREAS OF OPERATIONAL ACTIVITY The Scheme of delegated authority is divided to cover the following areas, that are then subdivided as shown:
Achieving Educational Excellence o Curriculum, Pupil Premium and Achievement o Target Setting o Quality of Teaching o Safeguarding Achieving Operational Excellence o Governance Arrangements o Personnel and Pay Matters o Budget Setting and Financial Matters o Strategy and Business Planning o Communication Issues o Premises/Asset Management Matters o Policy Determination o Audit and Risk Management Matters Financial Authority o Staffing o Finance o Signing of Contracts o Income
SCHEME OF DELEGATION 1. Achieving Educational Excellence 1.1 Curriculum, Pupil Premium and Achievement 1.1.1 Reserved to the Board of Trustees with advice from relevant committees: To scrutinise, review and challenge the educational performance of our academies; To scrutinise, review and challenge the value for money and record of impact of the Pupil Premium in terms of educational outcomes and narrowing the gap. 1.1.2 Delegated to/responsibility of the CEO and Executive Board To provide effective support, challenge and intervention based on the educational outcomes of the academy and the impact of the curriculum, taking into account the priorities of the academy improvement plan; To monitor and report on the impact of the Pupil Premium to the Board of Trustees. 1.1.3 Delegated to/responsibility of the LGB: Monitor and evaluate student progress and attainment, attendance and behaviour as against the sponsor approved targets recommended by the LGB, using all available data including the Ofsted academy dashboard (Ofsted); Monitor, scrutinise and contribute to the progress of tackling key issues in the academy improvement plan (Ofsted); Approve the curriculum direction of the Academy; To approve any changes to the school’s curriculum, on the recommendation of the Standards and Curriculum Sub-Committee, where one exists, or through the lead Standards and Curriculum local governor; Monitor and evaluate the effectiveness of the curriculum direction set by the Principal; To receive regular reports from the Standards & Curriculum Sub-Committee on how the Pupil Premium is spent at the academy and the impact this is having on the pupils. 1.1.4 Delegated to/responsibility of LGB sub-committee or lead local governor: To ensure that the curriculum direction for the academy includes all stakeholder views and make recommendations to the LGB on any changes required; To monitor the impact of the curriculum and recommend any changes required to the LGB; To ensure that the academy is compliant in its statutory reporting; To agree how Pupil Premium funding is allocated and to monitor and evaluate its impact.
Background:
There may be occasions where the Chair of the Board of Trustees may be required to take a decision on behalf of the Board where a time imperative precludes awaiting the next Board meeting. In these cases, a follow up Board report will be required for the next Board meeting.
There may be occasions where the Chair of the Local Governing Body may be required to take a decision on behalf of the Local Governing Body, within its delegated remit, where a time imperative precludes awaiting the next Local Governing Body meeting. In these cases, a follow up report will be required for the next Local Governing Body Meeting.
Any decision made under delegated authority by a sub-committee of the LGB or a lead local governor must be reported to the full LGB at its next meeting.
All authorities of the LGB sub-committees or lead local governor are delegated authorities of the LGB. However if the LGB does not have these sub-committees in place, the authorities reside with the LGB and this body is expected to ensure that they are adhered to.
1.2 Target Setting 1.2.1 Reserved to the Board of Trustees with advice from relevant committees: Scrutinise, challenge and review academy performance against targets; To scrutinise the robustness and work of the Executive Board in ensuring appropriate levels of support, challenge and intervention. 1.2.2
Delegated to/responsibility of the CEO and Executive Board: Approve academy targets, on the recommendation of the LGB; Monitor, scrutinise, and support the achievement of academy targets. Report performance to the Board.
1.2.3
Delegated to/responsibility of the LGB: Scrutinise and recommend targets for student performance to the CEO/Executive Board; Monitor and scrutinise progress against the approved academy targets.
1.2.4
Delegated to/responsibility of LGB sub-committee or lead local governor: To recommend the academy targets to the LGB, for consideration. These targets must align to the academy improvement plan, the academy strategy and the national average progress and attainment targets; To monitor the impact of provision made for pupils with SEND (SEN governor).
Background
There may be occasions where the Chair of the Board may be required to take a decision on behalf of the Board where a time imperative precludes awaiting the next Board meeting. In these cases, a follow up Board report will be required for the next Board meeting.
There may be occasions where the Chair of the Local Governing Body may be required to take a decision on behalf of the Local Governing Body, within its delegated remit, where a time imperative precludes awaiting the next Local Governing Body meeting. In these cases, a follow up report will be required for the next Local Governing Body Meeting.
4. Any decision made under delegated authority by a sub-committee of the LGB or a lead local governor must be reported to the full LGB at its next meeting.
5. All authorities of the LGB sub-committees or lead local governor are delegated authorities of the LGB. However if the LGB does not have these sub-committees in place, the authorities reside with the LGB and this body is expected to ensure that they are adhered to.
1.3 Quality of Teaching 1.3.1
Reserved to the Board of Trustees with advice from relevant committees: Scrutinise, challenge and review academy performance, taking into account all areas that may impact on this; To scrutinise the robustness and work of the Executive Board in ensuring appropriate levels of support, challenge and intervention.
1.3.2
1.3.3
1.3.4
Delegated to/responsibility of the CEO and Executive Board: To monitor, scrutinise and intervene where appropriate with regards to the impact of teaching and learning within the academy. Delegated to/responsibility of the LGB: To monitor, scrutinise and intervene where appropriate with regards to the impact of teaching and learning within the academy. Delegated to/responsibility of LGB sub-committee or local lead governor: To monitor the impact of teaching on learning and progress towards targets (Ofsted); To use all available data to monitor the impact across the curriculum on all sub-groups of students; To analyse the strengths and weaknesses of teaching quality within the academy (Ofsted); To report regularly to the LGB.
Background
There may be occasions where the Chair of the Board may be required to take a decision on behalf of the Board where a time imperative precludes awaiting the next Board meeting. In these cases, a follow up Board report will be required for the next Board meeting. There may be occasions where the Chair of the Local Governing Body may be required to take a decision on behalf of the Local Governing Body, within its delegated remit, where a time imperative precludes awaiting the next Local Governing Body meeting. In these cases, a follow up report will be required for the next Local Governing Body Meeting. Any decision made under delegated authority by a sub-committee of the LGB or a local lead governor must be reported to the full LGB at its next meeting. All authorities of the LGB sub-committees are delegated authorities of the LGB. However, if the LGB does not have these sub-committees in place, the authorities reside with the LGB and this body is expected to ensure that they are adhered to.
1.4 Safeguarding 1.4.1
Reserved to the Board of Trustees with advice from relevant committees: Annually approve a safeguarding policy.
1.4.2
Delegated to/responsibility of Audit and Risk sub-committee of the Board of Trustees: Monitor the Executive Board and academy response to any breaches in Safeguarding, Child Protection and Health and Safety Issues; Report to the Board of Trustees.
1.4.3
Delegated to/responsibility of the CEO and Executive Board:
1.4.4
Ensure that academies are compliant in implementing Safeguarding policies; Report to the next Audit and Risk Committee any breaches in terms of Safeguarding, Child Protection and Health and Safety issues.
Delegated to/responsibility of LGB: Note receipt of the Safeguarding policy and monitor compliance; To monitor and respond to all safeguarding issues within the academy, and report to the CEO any breaches.
Background
There may be occasions where the Chair of the Board may be required to take a decision on behalf of the Board where a time imperative precludes awaiting the next Board meeting. In these cases, a follow up Board report will be required for the next Board meeting.
There may be occasions where the Chair of the Local Governing Body may be required to take a decision on behalf of the Local Governing Body, within its delegated remit, where a time imperative precludes awaiting the next Local Governing Body meeting. In these cases, a follow up report will be required for the next Local Governing Body Meeting.
Any decision made under delegated authority by a sub-committee of the LGB or local lead governor must be reported to the full LGB at its next meeting.
All authorities of the LGB sub-committees are delegated authorities of the LGB. However if the LGB does not have these sub-committees in place, the authorities reside with the LGB and this body is expected to ensure that they are adhered to.
2. Achieving Operational Excellence 2.1 Governance Arrangements 2.1.1 2.1.2
Reserved to Board of Trustees with advice from relevant committees: Amendments to Memorandum and Articles, subject to Charity Commission and DfE approval where applicable; Approve the annual timetable of Board meetings, format of Board agendas and maintenance of minutes; Approve a Scheme of Delegation of powers from the board to sub-committees and their terms of reference; and a scheme of delegation and limitations as appropriate to the CEO; Require and receive the hospitality received and declaration of trustee and governors, monitoring interests that may conflict with those of the Group and determine the manner in which such conflicts will be managed; Approve arrangements for dealing with complaints; Adopt/ review/ amend the organisational, management and control structures, processes and procedures required to further the aims of the Group’s objects. Receive reports from sub-committees, and agree/ reject any recommendations presented to the Board; Ratify any urgent decisions taken by the Chair and CEO; Hold responsibility for registering the Group and providing further information, as requested, to the Charity Commission and Companies House where appropriate, or to advise if the Group ceases to exist; Agree procedures for the effective evaluation of the board and its sub-committees. Delegated to/responsibility of Board of Trustee sub-committees: All Committees must report to the next Board meeting any items approved under delegated authority All Committees must produce a Committee Chair’s report for the Board meeting following the Committee meeting, outlining the items recommended for approval, the items discussed and the items noted at the meeting. Full Committee minutes are to be made available to Trustees upon request.
Nominations & Governance Committee Annually review the current size, structure, skills and composition of the Board and its Committees, and recommend any changes to the Board Lead on the preparatory work for Board effectiveness reviews Ensure that the Group’s governance policies are fit for purpose, and make relevant recommendations to the Board as necessary Review of governance development needs and advice regarding commissioning of appropriate support. 2.1.3
2.1.4
Delegated to/responsibility of the CEO and Executive Board: Support in the development and operation of the Group’s governance framework, including: o liaison with lawyers and regulators; o identification and notification of changes in regulatory requirements and developments in governance good practice; o support in the processes of trustee appointment, induction and development; board evaluation and renewal; o planning and organisation of Board and Committee meetings, including preparation and circulation of agendas, papers, and draft minutes, in consultation with the Chair. Authority to attend any meeting of E-ACT LGBs; Report to the next Board meeting any items approved under delegated authority; Prepare the necessary reports to support and provide confidence to the Board in matters reserved for their authority.
Delegated to/responsibility of LGB: Provide challenge and support to the Principal in equal measure (Ofsted) To provide scrutiny and challenge in relation to all matters of the Academy – both Operational and Educational performance; Transparent and accountable, including in terms of governance structures, attendance at meetings, and contact with parents and carers (Ofsted); Annually review the performance of the LGB; Adopt the Academy’s formal policies, as determined by Head Office, and amend the permitted policies as appropriate (see policy section below); Establish the Pay and Personnel, Finance and Asset Management and Standards and Curriculum Sub-Committees, and adopt the E-ACT Terms of Reference for these subcommittees; Establish any additional sub-committees as deemed appropriate; Approve an annual forward plan of LGB meetings and submit to the Head of Local Governance in July for the academic year ahead; Ensure that the academy fulfils its statutory duties in relation to Special Educational Needs, Safeguarding, Teacher’s Pay Progression, and Pupil Premium grant spend; To monitor the gifts and hospitality received within the respective academies, reviewing at least annually and submitting to Head Office for central oversight; To submit the minutes of the LGB meeting to the Head of Local Governance within 10 working days of the LGB meeting; Monitor the preparation of the Academy’s Self-Evaluation Framework report; Receive minutes of sub-committee meetings, where appropriate, at the following LGB meeting.
Background
There may be occasions where the Chair of the Board may be required to take a decision on behalf of the Board where a time imperative precludes awaiting the next Board meeting. In these cases, a follow up Board report will be required for the next Board meeting.
There may be occasions where the Chair of the Local Governing Body may be required to take a decision on behalf of the Local Governing Body, within its delegated remit, where a time imperative precludes awaiting the next Local Governing Body meeting. In these cases, a follow up report will be required for the next Local Governing Body Meeting.
Any decision made under delegated authority by a sub-committee of the LGB or lead local governor must be reported to the full LGB at its next meeting.
All authorities of the LGB sub-committees are delegated authorities of the LGB. However if the LGB does not have these sub-committees in place, the authorities reside with the LGB and this body is expected to ensure that they are adhered to.
2.2 Personnel and Pay Matters 2.2.1 Reserved to the Board of Trustees with advice from relevant committees: Nominate and elect a trustee to serve in the positions of Chair of the Board of Trustees and Vice Chair; Approve the appointment of Trustees of the Board; Appoint and dismiss sub-committees and individual members of sub-committees that are accountable to the Board (with the exceptions of delegated authority to the CEO, as listed accordingly); Put in place effective procedures for the succession planning of the Board; Appoint, appraise and dismiss the Board Secretary, where applicable; Agree procedures for the effective appraisal of individual trustees; Appoint, appraise and dismiss the CEO, where applicable; Consider, approve/ reject proposals from the remuneration committee regarding salary and benefits of the CEO and other senior management staff, where appropriate; Agree procedures for the effective appraisal of Chairs of Governors, Principals, Executive Directors and Central Team staff; Approval of any Executive Board structure and remuneration, on the recommendation of the CEO; Final decision in appeals in line with the Group’s whistle blowing, disciplinary and grievance policies; Approval of remuneration of external auditors, their re-appointment or removal, in line with legislation and the requirements of The Group’s Articles of Association; Appointment of the Group’s lawyers; Appointment of insurers; Approval and appointment of the Group’s professional advisers and consultants, and to determine their remuneration. Chair of Board of Trustees Lead on the appraisals of trustees (Vice Chair to lead on Chair’s appraisal); Lead on the appraisal of the CEO and setting of objectives in consultation with the Remuneration Committee. 2.2.2
Delegated to sub-committees of the Board of Trustees:
Nominations Committee Manage the Trustee recruitment process; Make a recommendation to the Board on the appointment of Trustees;
Approve the appointment and dismissals of Chairs of Governors and Governors to the LGBs, on the recommendation of management, and report approvals to the next Board meeting; Annually review the summary appraisals of Chairs of LGBs and approve Chairmanship renewal; Approve/ reject the recommendation of management following any investigation into a complaint received against a Governor.
Remuneration Committee Receive the outcome of the CEO’s appraisal from the Chair of the Board, and make a recommendation to the Board regarding CEO remuneration; Review and agree the CEO’s annual targets for recommendation to the Board; Receive the outcome of Executive Board’s appraisals and make a recommendation to the Board of Trustees regarding Executive Board remuneration. Consider and review the performance management policy of Principals, Executive Directors and Head Office staff, and make a recommendation to the Board; Review and agree salary levels for all head office staff, taking account of such matters as inflation, and make recommendation to the Board; Annually Review the remuneration arrangements for paid Chairs of Governors and Clerks for the LGBs, and make any recommendations to the Board; Review and recommend to the Board the pension arrangements for the Group. Finance Committee The appointment of new bankers or new investment managers, with the Board being informed of any changes. 2.2.3
Delegated to/responsibility of the CEO and Executive Board: Appointment of Vice Chairs of LGBs; Appointment of Chairs of Finance of LGBs; Appointment of clerks of the LGBs; Appointment of all governors, with the exception of elected members; Recommend appointment and dismissal of LGB Chairs to Nominations Committee; Approve Compromise Agreements within limits of financial delegation and submit to the next Remuneration Committee for oversight; Set salary levels for all head office staff, taking account of such matters as inflation, and make recommendation to the Remuneration Committee; Appointment of Academy Principals, in consultation with the LGB. Report all Principal appointments to the next Board meeting; Appointment of Academy Finance Directors, in consultation with the Principal; Dismissal of Academy Principals, in consultation with the LGB. Report all Principal dismissals to the next Board meeting; Development of the Executive Board structure for Board approval; Appointment of members of the Executive Board in consultation with the Chair of Remuneration Committee; To carry out, or delegate to appropriate nominee, the appraisal and development of members of the Executive Board and Academy Principals; Management of the Group’s staff in line with approved HR strategy and policies; To carry out any investigations in relation to suspended governors, reporting findings and recommendations to the Nominations and Governance Committee for approval.
2.2.4 Delegated to/responsibility of LGB: Appoint the Chair of the sub-committees, where these exist, or appoint lead local governors for key areas;
2.2.5
2.2.6
Approve the membership of the sub-committees; Recommend the appointment of the LGB clerk to the CEO; Organise appropriate procedures to elect new parent members of the LGB; Appoint a Special Educational Needs Governor; Appoint a Safeguarding Governor; Suspend a governor of the LGB where necessary, and report to Head Office; To approve the pay progression of all teaching staff, with the exception of the Principal; To adhere to the scheme of financial delegation in relation to staffing structure of the academy; To ensure the whole LGB fully understands how the school makes decisions about teachers’ salary progression (Ofsted); To contribute to the performance management of Principals (Ofsted). Delegated to/responsibility of LGB sub-committee or local lead governor: Recommendations to the LGB on the outcome of the pay progression decision making, with the exception of the Principal; To oversee the staff appointments process and recommend any changes to the LGB; To adopt the teachers performance appraisal policy, pay policy and capability policy; To approve the Senior Leadership Team recruitment process and appointments, on the recommendation of the Principal; To approve the suspension of academy staff, with the exception of the Principal. Report to the next LGB meeting and inform Head Office immediately; To review the implementation and impact of the performance management policy and associated professional development opportunities. Delegated to/responsibility of Executive Principals and Principals: To appoint academy staff; To recommend to the Personnel and Pay Sub-Committee the recruitment process and appointment of the Senior Leadership Team; To set the Performance Management targets and professional development opportunities for all academy staff to the Personnel & Pay Sub-Committee; To establish the disciplinary and capability procedures in consultation with Head Office and recommend suspension or dismissal of staff to the LGB; To adhere to the scheme of financial delegation in relation to staffing structure of the academy; Report the outcomes of decisions on suspensions and dismissals to Head Office; Recommend pay progression decisions in line with the pay policy.
Background
There may be occasions where the Chair of the Board may be required to take a decision on behalf of the Board where a time imperative precludes awaiting the next Board meeting. In these cases, a follow up Board report will be required for the next Board meeting.
There may be occasions where the Chair of the Local Governing Body may be required to take a decision on behalf of the Local Governing Body, within its delegated remit, where a time imperative precludes awaiting the next Local Governing Body meeting. In these cases, a follow up report will be required for the next Local Governing Body Meeting.
Any decision made under delegated authority by a sub-committee of the LGB or lead local governor must be reported to the full LGB at its next meeting.
All authorities of the LGB sub-committees are delegated authorities of the LGB. However if the LGB does not have these sub-committees in place, the authorities reside with the LGB and this body is expected to ensure that they are adhered to.
2.3 Budget Setting and Financial Matters 2.3.1
Reserved to Board of Trustees with advice from relevant committees:
Responsible for the overall management of the Group, ensuring compliance with its charitable objects and relevant legislation; Approve /amend proposals for capital investment/ expenditure, including the spending of capital from an endowment fund; Consideration and approval of Group Head Office and consolidated Academy budgets and annual plans, prior to submission to the EFA; Approval of the group’s annual report and accounts, prior to filing with the EFA annually by 31 December; Agree and review investment strategy, in line with relevant policies; Decide on the number, purpose and mandates of bank accounts and other deposit media; Approval of purchasing Trustee Indemnity Insurance from the Group’s funds; Agree changes to the Group’s pension scheme or the management of its funds; Approval of the Group’s delegated limits of financial authority; Approval of significant planned variances to approved budgets (where these exceed delegated levels of financial authority); Establish, maintain and retain appropriate financial reporting arrangements and record and approve any significant changes in accounting policies or practices; Receive and review reports from the finance function on the financial performance of the Group against agreed budgets and strategy.
2.3.2 Delegated to/responsibility of sub-committees of the Board of Trustees: Finance Committee
Recommend for Board approval a scheme of delegation of financial authority from the CEO to staff within the Group, based on a proposal put forward by the CEO; Recommend for Board approval the Head Office and consolidated Academy budget; Recommend for Board approval a schedule specifying delegated limits of banking authority; Regular in depth scrutiny of the Group’s financial plans and performance; Advice to the Board on the Group’s financial plans and performance; Providing support and feedback to the SMT on aspects of financial management; Annual performance review of bankers, insurers and investment managers and advice to the Board on renewal or change of supplier.
Audit & Risk Committee Review the annual financial statements of the Group and its annual statement on internal control, and recommend to the Board for approval. 2.3.3
Delegated to/responsibility of CEO and Executive Board: Development of the Group’s financial policies and procedures for approval by the Board of Trustees; Management of the Group’s finances in accordance with policies and procedures agreed with the Board of Trustees;
Preparation of annual plans and budgets, in line with the Strategic Plan, ensuring early consultation with the Board of Trustees; Operational delivery of plans and budgets, in accordance with agreed levels of delegated authority; Early notice, where possible, and preparation of proposals for Board of Trustee’s approval, of any significant variances from agreed plans and budgets.
Finance Director The opening of new bank accounts, with the approval of the CEO; The making of long-term investments, subject to such investments being made in accordance with the Group’s Investment Policy and with the approved investment manager; The making of short-term investment, subject to such investment being made in accordance with the Group’s Treasury Management Policy. 2.3.4 Delegated to/responsibility of LGB: Consider and recommend to the Board the Academy’s annual budget for approval, no later than the agreed date each year; Receive an expenditure report from the Finance Sub-Committee or lead finance local governor at least termly.
2.3.5 Delegated to/responsibility of LGB sub-committee or lead local governor: Finance Sub-Committee or Lead Finance Governor Receive on behalf of the LGB the financial allocations made to the LGB by the Group; Recommend to the LGB a draft budget for the Academy based on improvement priorities; Carry out budget monitoring of the academy (with the Principal) at least termly; Ensure compliance and monitoring of with the levels of financial delegation of academies, LGBs and their sub-committees; Monitor expenditure patterns, ensuring that educational outcomes, cost effectiveness criteria and financial implications inform decision making; Review the budget planning and three year financial plan as part of the process of future financial planning; Approve the principles for the allocation of capitation within the Academy; Monitor expenditure of all voluntary funds held on behalf of the LGB Ensure that the appropriate financial procedures are followed in respect of all contracts let on behalf of the LGB. 2.3.6
Delegated to/responsibility of Academy Executive Principal and Principal: To prepare and recommend to the LGB a draft budget for the academy based on improvement priorities; To adhere to the limits as set out in the scheme of financial delegation; To monitor and report progress on all financial targets to the Finance Committee.
Background
There may be occasions where the Chair of the Board may be required to take a decision on behalf of the Board where a time imperative precludes awaiting the next Board meeting. In these cases, a follow up Board report will be required for the next Board meeting.
There may be occasions where the Chair of the Local Governing Body may be required to take a decision on behalf of the Local Governing Body, within its delegated remit, where a time imperative precludes awaiting the next Local Governing Body meeting. In these cases, a follow up report will be required for the next Local Governing Body Meeting.
Any decision made under delegated authority by a sub-committee of the LGB or lead local governor must be reported to the full LGB at its next meeting.
All authorities of the LGB sub-committees are delegated authorities of the LGB. However if the LGB does not have these sub-committees in place, the authorities reside with the LGB and this body is expected to ensure that they are adhered to.
2.4 Strategy and Business Planning 2.4.1 2.4.2
Reserved to The Board of Trustees with advice from relevant committees: Define and agree the strategic aims and objectives of the Group; Scrutiny and challenge of the progress against the Group’s strategic aims; Early approval of the outline strategic direction and process for strategy development, including plans for stakeholder consultation; Approve/amend proposals for the delivery/cessation of delivery of programmes to further the charitable objects or changes to the Group’s activities; Apply charitable property to the furtherance of the charity’s objects; Approval of variations to the approved plans where these constitute a significant shift in strategy, or constitute a significant risk to the Group’s reputation; Receive and review such reports from members of the Group’s leadership pertaining to the activities of the organisation in furtherance with the charitable objects; Receive and review reports from the CEO pertaining to meeting the Group’s goals as agreed in the strategic and business plans. Delegated to/responsibility of the CEO and Executive Board: Early consultation with the Board about the Group’s future direction and strategic planning process; Development of the Group’s Strategic Plan for Board consideration and approval Responsible for ensuring the achievement of the Group’s strategic objectives and reporting to the Board on progress against this.
2.4.3 Delegated to/responsibility of LGB: To ensure clarity of vision, ethos and strategic direction (Ofsted) of the academy in line with the strategic direction of the Group; Scrutiny, challenge and approval of the draft academy improvement plan; Scrutiny and challenge of the progress against the academy’s strategic objectives, improvement plan and self-evaluation framework; Annually recommend to Head Office the academy’s improvement plan. 2.4.4 Delegated to/responsibility of Academy Executive Principal and Principal: To prepare and recommend a draft academy improvement plan and self-evaluation to the LGB; To present a Principal’s report at each full LGB covering all aspects of the improvement priorities. Background
There may be occasions where the Chair of the Board may be required to take a decision on behalf of the Board where a time imperative precludes awaiting the next Board meeting. In these cases, a follow up Board report will be required for the next Board meeting.
There may be occasions where the Chair of the Local Governing Body may be required to take a decision on behalf of the Local Governing Body, within its delegated remit, where a time imperative precludes awaiting the next Local Governing Body meeting. In these cases, a follow up report will be required for the next Local Governing Body Meeting.
Any decision made under delegated authority by a sub-committee of the LGB or local lead governor must be reported to the full LGB at its next meeting.
All authorities of the LGB sub-committees are delegated authorities of the LGB. However if the LGB does not have these sub-committees in place, the authorities reside with the LGB and this body is expected to ensure that they are adhered to.
2.5
Communication Issues
2.5.1 Reserved to the Board of Trustees with advice from relevant committees:
Approval of communication/ marketing strategy Approval of key publications: o Strategic Plan; o Annual Report & Accounts.
Chair of Board of Trustees Work in partnership with the CEO to represent the Group externally, in accordance with the Group’s communication strategy. 2.5.2 Delegated to/responsibility of the CEO and Executive Board: Development of the Group’s communication strategy for Board approval, including a schedule for Board updates; Development of key publications for Board approval; Management of all communication issues. 2.5.3 Delegated to/responsibility of LGB: Approve a local communications and stakeholder strategy. 2.5.4 Delegated to/responsibility of a LGB sub-committee or lead local governor: Recommend a local communications strategy to the LGB. 2.5 Premises/Asset Management Matters: 2.5.1 Reserved to The Board of Trustees with advice from relevant committees: Approve/reject proposals for the acquisition/disposal of land/buildings, or change in its use, following receipt and consideration of professional guidance. 2.5.2 Delegated to/responsibility of Board of Trustees committees: Scrutinise and monitor any risks in relation to premises/asset management issues and report to the Board as appropriate. 2.5.3
Delegated to/responsibility of the CEO and Executive Board: Manage and monitor the group asset management and capital works programme; Report any potential premises/ asset management risk matters to the Audit and Risk Committee.
2.5.4
Delegated to/responsibility of LGB: Scrutinise and challenge the work of the Finance sub-committee or lead local finance governor.
Background
There may be occasions where the Chair of the Board may be required to take a decision on behalf of the Board where a time imperative precludes awaiting the next Board meeting. In these cases, a follow up Board report will be required for the next Board meeting.
There may be occasions where the Chair of the Local Governing Body may be required to take a decision on behalf of the Local Governing Body, within its delegated remit, where a time imperative precludes awaiting the next Local Governing Body meeting. In these cases, a follow up report will be required for the next Local Governing Body Meeting.
Any decision made under delegated authority by a sub-committee of the LGB or lead local governor must be reported to the full LGB at its next meeting.
All authorities of the LGB sub-committees are delegated authorities of the LGB. However if the LGB does not have these sub-committees in place, the authorities reside with the LGB and this body is expected to ensure that they are adhered to.
2.6 Policy Determination 2.6.1
Reserved to The Board of Trustees with advice from relevant committees:
Annually approve the following organisational policies: o Health and safety policy o Treasury and investments policy o Reserves policy o Whistleblowing policy o Risk management policy o Safeguarding policy o Conflicts of interest policy o Gifts & Hospitality policy o Bribery Policy o Equal opportunities policy o Performance Appraisal Policy o Group Pay Policy o Performance Management Policy o Procurement Policy o Expenses Policy o Trustee code of conduct
2.6.2 Delegated to/responsibility of Board of Trustee committees: The Committees will review and recommend to the Board the following policies for approval: Remuneration Committee Equal opportunities policy Performance Appraisal Policy Performance Management Policy Group Pay Policy Finance Committee Treasury and investments policy Reserves policy Expenses Policy
Audit & Risk Committee Whistleblowing policy Health & Safety policy Conflicts of Interest policy Gifts and hospitality policy Risk management policy Safeguarding policy Procurement policy Data protection policy Nominations & Governance Committee Trustee Code of Conduct 2.6.3 Delegated to/responsibility of the CEO and Executive Board: To prepare for review/ amendment/ approval the Board level policies as listed; Responsible for the implementation of policies approved by the Board of Trustees; To internally prepare and approve: o Absence/sickness management policy, o Capability policy, o Recruitment and selection policy. 2.6.4 Delegated to/responsibility of LGB: To adopt without amendment and implement: o Bribery Policy o Expenses Policy o Gifts and hospitality policy o Whistleblowing policy o Data Protection policy o Safeguarding policy o Absence management policy and procedure o Capability procedure o Disciplinary policy o Grievance policy o Admissions policy o Performance management policy To adopt without amendment and implement with local procedures: o Health and Safety appendices policies o Accessibility plan and Disability Equality Scheme o Anti-bullying policy o Behaviour policy o Charging and remissions policy o Complaints policy o Early Years Foundation Stage policies o Exclusions policy o Home/school agreement document o SEND and inclusion policy o Sex and relationship education policy o Recruitment and Selection Policy o Crisis management policy o Media management policy 2.6.5 Delegated to/responsibility of LGB sub-committee or lead local governor: The sub-committees of the LGB will review, recommend to the LGB for approval and monitor compliance with the following policies:
Finance Sub-committee o Crisis Management Policy o Buildings Health & Safety policies o A lettings policy and charges o Gifts and Hospitality o Health and Safety policy and appendices o Bribery policy o Expenses policy Pay & Personnel Sub-Committee o Absence and Sickness Management o Capability procedure o Disciplinary policy o Grievance policy o Performance Management policy (teachers) o Recruitment and Selection policy o Whistleblowing policy o Complaints policy Standards & Curriculum Sub-Committee o Accessibility plan and Disability Equality Scheme o Admissions arrangements o Anti-bullying policy o Behaviour policy o Charging and remissions policy o Data Protection policy o Early Years Foundation Stage policies o Exclusions policy o Home/ school agreement document o Media management o Safeguarding o SEN and inclusion policy o Sex and relationship education policy 2.6.6
Delegated to/responsibility of Academy Executive Principal and Principal: Responsible for the implementation of policies approved by the Governors and Head Office; Prepare and recommend for approval any adaptations to the permitted policies, as listed in this section.
2.7 Audit and Risk Management Matters 2.7.1
Reserved to The Board of Trustees with advice from relevant committees: Consideration of the external auditors, in line with legal requirements and those of the Group’s governing document; Receive and note the annual management letter from the external auditor and agree the proposed course of action, taking into consideration the recommendations of the Audit and Risk committee, where appropriate; Receive and note reports from the internal audit function and agree remedial action, where appropriate; Consideration of significant issues arising from the work of appointed auditors; Approval of the Group’s Risk Management Strategy; Regular review of risk management reports; Consideration of issues escalated for Board review;
Approve/amend the Group’s policies and procedures for internal control and the management of risk and protection of the Group’s property (including insurance).
2.7.2 Delegated to/responsibility of committees of the Board of Trustees: Oversight of the annual independent external audit, including: o
Review and recommendation to the Board regarding the selection, appointment, performance and fees of external auditors; o Delegated authority for review and approval of the external audit process Review and recommend to the Board regarding the findings of external audit, management response and preparation of Annual Report and Accounts Regular in depth scrutiny and advice to the Board on the Group’s systems of audit and control; risk management and compliance Initial investigation of any actual or potential breaches of the law, regulatory requirements and/or Group policy and procedure and to advise the Board of actions required Recommend to the Board the Group’s policies and procedures for internal control and the management of risk and protection of the Group’s property (including insurance)
2.7.3
2.7.4
Delegated to/responsibility of the CEO and Executive Board: Management of relationships with internal and external auditors; To report to the Audit and Risk Committee any matters of significance arising from the work of appointed auditors; Maintenance of systems of internal control and quality assurance; Reporting action on matters arising from internal and/or external audit or inspection; Escalation of issues for consideration by the Board in accordance with the Group’s Risk Management Strategy, and any actions arising. Delegated to/responsibility of LGB: To ensure that the statutory duties of the LGB are carried out (Ofsted); To review the Academy’s compliance of the requirements within the Monthly Internal Control Report, ensuring timely submission and providing quality assurance of content; To receive and take appropriate action to mitigate against top academy risks and issues; To ensure that the academy is compliant with all policies it has adopted.
2.7.5. Delegated to/responsibility of sub-committee of the LGB or lead local governor: Finance Committee Consider and respond appropriately to recommendations made by the external and internal auditors, and report proposed actions to the LGB; Consider the Principals’ submission of the Academy’s Monthly Internal Control Report, and report compliance to the LGB; Monitor implementation of the Academy’s Health & Safety policies (Health & Safety Governor); The Academy Risk Register, as developed by the Principal.
2.7.6 Delegated to/responsibility of the Academy Executive Principal and Principal:
Oversight of the submission of the academy’s Monthly Internal Control Report; To implement the agreed actions in relation to recommendations of the internal and external auditors; To manage all academy risks and issues through the maintenance of an academy risk register reporting top risks and issues to the LGB and Head Office.
Background
There may be occasions where the Chair of the Board may be required to take a decision on behalf of the Board where a time imperative precludes awaiting the next Board meeting. In these cases, a follow up Board report will be required for the next Board meeting.
There may be occasions where the Chair of the Local Governing Body may be required to take a decision on behalf of the Local Governing Body, within its delegated remit, where a time imperative precludes awaiting the next Local Governing Body meeting. In these cases, a follow up report will be required for the next Local Governing Body Meeting.
Any decision made under delegated authority by a sub-committee of the LGB or lead local governor must be reported to the full LGB at its next meeting.
All authorities of the LGB sub-committees are delegated authorities of the LGB. However if the LGB does not have these sub-committees in place, the authorities reside with the LGB and this body is expected to ensure that they are adhered to.
3. Financial Authority 3.1 Staffing 3.1.1 Reserved to Board of Trustees on the recommendation of the finance committee Recruitment of all Permanent or Temporary Staff All Academies: Any unbudgeted staff hire over £100k per annum
Reorganisations Primary: Any reorganisation not within the academy's budget exceeding £50k Secondary and Special: Any reorganisation not within the academy’s budget exceeding £100k
3.1.2 Delegated to/responsibility of the CEO and Executive Board: Recruitment of Permanent or Temporary Staff All Academies: All Principals
Reorganisations Primary: Any re-organisation not within the academy's budget up to £50k and/or involving over 10 staff Secondary and Special: Any re-organisation not within the academy’s budget up to £100k and/or or involving over 15 staff
3.1.3 Delegated to/responsibility of LGB: Recruitment of Permanent or Temporary Staff All Academies: Any unbudgeted permanent Academy staff recruitment Reorganisations Primary: Any re-organisation between 5 - 10 staff and/ or an increase in direct staff costs, but within the academy's budget Secondary and Special: Any re-organisation between 10 - 15 staff and/ or an increase in direct staff costs, but within the academy’s budget 3.1.4 Delegated to/responsibility of Academy Executive Principal or Principal: Recruitment of Permanent or Temporary Staff
All Academies: All staff, if budget agreed as part of annual establishment Reorganisations Primary: Any re-organisation involving up to 5 staff and no increase in direct staff costs Secondary and Special: Any re-organisation involving up to 10 staff and no increase in direct staff costs
3.2 Finance 3.2.1 Reserved to the Board of Trustees on the recommendations of the Finance Committee: Decision to purchase Supplies (goods), Services and Works except Leases Primary: Any unbudgeted expenditure for a one-off item over £50,000 Secondary and Special: Any unbudgeted expenditure for a one-off item over £100,000 Decision to agree to a Lease (Rental) Commitment – equipment (i.e. non-land) Primary: Operational leases with a total lifetime value of over £100,000 Secondary and Special: Operational leases with a total lifetime value of over £100,000 Virements Primary: All budget allocations/ virements exceeding £50,000. Secondary and Special: All budget allocations/ virements exceeding £50,000. 3.2.2 Delegated to/responsibility of the CEO and the Executive Board: Decision to purchase Supplies (goods), Services and Works except Leases Primary: Any unbudgeted expenditure for a one-off item up to £50,000 in consultation with Director of Operations and Finance (DOF) Secondary and Special: Any unbudgeted expenditure for a one-off item above £50,000 in consultation with DOF Decision to agree to a Lease (Rental) Commitment – equipment (i.e. non-land) Primary: Operational leases with a total lifetime value above £50,000 and up to £100,000 or any unbudgeted spend. Secondary and Special: Operational leases with a total lifetime value above £50,000 and up to £100,000 or any unbudgeted spend. Virements Primary: All budget allocations/virements over £20,000 and up to £50,000 Secondary and Special: All budget allocations/virements over £20,000 and up to £50,000. 3.2.3 Delegated to/responsibility of LGB: Decision to purchase Supplies (goods), Services and Works except Leases Primary: Any undelegated budgeted expenditure. And: Up to and including £10,000 within one financial year for a one-off item or aggregation of items, if unbudgeted and within the overall academy budget. Secondary and Special: Any undelegated budgeted expenditure. And: Up to and including £50,000 within one financial year for a one-off item or aggregation of items, if unbudgeted but within the overall academy budget. Decision to agree to a Lease (Rental) Commitment - equipment (i.e. non-land) Primary: Subject to the prior agreement of the Head of Legal to the terms, operational leases with a total lifetime value of up to £50,000 in budget Secondary and Special: Subject to the prior agreement of the Head of Legal to the terms, operational leases with a total lifetime value of up to £50,000 in budget
Virements Primary: All virements over £5,000 but not exceeding £20,000 to be subject to approval by the Chair of the LGB Finance sub-committee and reported to the next LGB meeting. All
budget allocations/virements over £20,000 and up to £50,000 to be subject to the CEO approval on the recommendation of the Group Finance Director. Secondary and Special: All virements over £5,000 but not exceeding £20,000 to be subject to approval by the Chair of the LGB Finance sub-committee and reported to the next LGB meeting. All budget allocations/virements over £20,000 and up to £50,000 to be subject to the CEO approval on the recommendation of the Group Finance Director. 3.2.4 Delegated to/responsibility of Academy Executive Principal or Principal: Decision to purchase Supplies (goods), Services and Works except Leases Primary: As delegated by LGB, or, any budgeted expenditure. And: Up to and including £2,500 for a one-off item if unbudgeted and within the overall academy budget. Secondary and Special: As delegated by the LGB, or, any budgeted expenditure. And: Up to and including £5,000 for a one-off item if unbudgeted and within the overall academy budget. Decision to agree to a Lease (Rental) Commitment – equipment (i.e. non-land) As delegated by the LGB
Virements Primary: All budget allocations/virements less than £5,000 to be carried out by the Principal (or delegated to the Academy Finance Director) as part of the day to day management of the academy budget. Secondary and Special: All budget allocations/virements less than £5,000 to be carried out by the Principal (or delegated to the Academy Finance Director) as part of the day to day management of the academy budget.
3.3 Sign Contracts 3.3.1 Reserved to Board of Trustees on the recommendation of the finance committee: Sign a Contract Primary: Any contract with a maximum value exceeding £100,000 or exceeding a 5 year term. Secondary and Special: Any contract with a maximum value exceeding £100,000 or exceeding a 5-year term. 3.3.2 Delegated to/responsibility of the CEO and Executive Board: Sign a Contract Primary: Any contract with a maximum value between £10,000 and up to £100,000 and up to a 5 year term or when the contract is a Deed, involves a TUPE transfer, a Lease, an automatic roll-over/renewal, a Group indemnity, a guarantee or warranty to a third party. Secondary and Special: Any contract with a maximum value between £10,000 and up to £100,000 and up to a 5 year term or when the contract is a Deed, involves a TUPE transfer, a Lease, an automatic roll-over/renewal, a Group indemnity, a guarantee or warranty to a third party. 3.3.3 Delegated to/responsibility of the Academy Executive Principal or Principal: Sign a Contract Primary: Any contract for energy (electricity or gas). Any contract where the maximum value of the contract will be £10,000 except where the contract is a Deed, involves a TUPE transfer, a Lease, an automatic roll-over/renewal, an Group indemnity, a guarantee or warranty to a third party, and is no more than a 3 year term Secondary and Special: Any contract for energy (electricity or gas). Any contract where the maximum value of the contract will be £10,000 except where the contract is a Deed,
involves a TUPE transfer, a Lease, an automatic roll-over/renewal, a Group indemnity, a guarantee or warranty to a third party, and is no more than a 3 year term 3.4 Income 3.4.1 Reserved to The Board of Trustees on the recommendations of the finance committee: Supply to third parties (other than renting halls, or gym space and equipment) Any income exceeding £50,000 per annum. 3.4.2
Delegated to/responsibility of Academy Executive Principal or Principal:
Supply to third parties (other than renting halls, or gym space and equipment) Subject to the approval of Director of Finance and Resources who will check the benefit, insurance, and tax position
Background
No authority is delegated where the normal delegated authority has a pecuniary or other interest, as determined through their Register of Interest declarations, or where the decision would mean the academy or Trust would fail to stay within its budget. An approved budget is one approved by the Group Board, except where virements have been agreed.
2. Expenditure rules must not be circumnavigated deliberately or unintentionally through split invoicing, splitting contracts, etc. which may exceed an individual’s limits
There may be occasions where the Chair of the Board may be required to take a decision on behalf of the Board where a time imperative precludes awaiting the next Board meeting. In these cases, the Chair of the Board will consult with the Chair of the Finance Committee, and a follow up Board report will be required for the next Board meeting.
Any staffing matters should be discussed with the Free School’s or Academy’s HR liaison officer at Head Office prior to taking action.
Any ICT purchases must be in consultation and agreement with the Head Office ICT staff
Except those which would commit the Academy to an increase in its budget in any subsequent financial year and except any interest in land or property. Capital works must be agreed by Head Office Capital staff.
There may be occasions where the Chair of the Local Governing Body may be required to take a decision on behalf of the Local Governing Body where a time imperative precludes awaiting the next Local Governing Board meeting. In these cases, the Chair of the Local Governing Board will consult with the Chair of the Local Governing Body Finance SubCommittee, and a follow up report will be required for the next Local Governing Body meeting.