DIOCESE OF BRENTWOOD MULTI ACADEMY TRUST ST TERESA S CATHOLIC PRIMARY SCHOOL SCHEME OF DELEGATION EFFECTIVE DATE: 1 DECEMBER

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1 DIOCESE OF BRENTWOOD MULTI ACADEMY TRUST ST TERESA S CATHOLIC PRIMARY SCHOOL SCHEME OF DELEGATION EFFECTIVE DATE: 1 DECEMBER INTRODUCTION 1.1 The Academy Trust The Diocese of Brentwood Multi Academy Trust (the Trust ) has been established as a multi academy trust by the Bishop of Brentwood, The Basildon Catholic Collegiate Trust and The Brentwood Roman Catholic Diocesan Trust. The Trust is a charitable company and its object is to establish and maintain Catholic schools within the Diocese of Brentwood which shall at all times remain Catholic schools conducted in conformity with any trust deed governing the use of land used by the Trust and in conformity with canon law and with the teachings of the Catholic Church and in accordance with any advice or directive issued by the Bishop of Brentwood. A Memorandum of Understanding was issued by the Bishop to all Catholic schools in the Diocese of Brentwood to address the changes affecting Catholic schools consequent upon schools converting to become academies. In light of the commitments made by the academies as set out in the Memorandum of Understanding, this Scheme of Delegation must be read in the light of that Memorandum 1.2 The Trust Board As a charity and Trust limited by guarantee, the Trust is governed by a Board of Directors (the Directors being also trustees for charity law purposes) who are responsible for, and oversee, the management and administration of the Trust and the academies run by the Trust. St Teresa s Catholic Primary School (the Academy ) is one of the academies. This Scheme of Delegation will apply to all academies for which the Trust is responsible (the Academies ) and details for each individual academy, e.g. name, location, whether primary or secondary (or all through ) and any specific matters relating to that Academy will be set out in an Appendix to this Scheme of Delegation (adopting the format of the attached : Font:8 pt : Font:8 pt 1

2 Appendix). Any reference to the Academy in this Scheme of Delegation will be a reference to the Academy so named in the relevant Appendix. 1.3 Ecclesiology The Trust is part of a family of Catholic schools that exist to further the Church s saving mission by educating its young people in accordance with the teachings of the One Teacher, Jesus Christ. In carrying out any functions on behalf of the Trust all Members, Directors and those in any way involved in the business of the Trust and the Academies recognise the Bishop of Brentwood as the Chief Teacher and focus of unity in the Diocese of Brentwood and will carry out those functions and responsibilities in full communion with him and in accord with the mind of the Church. Accordingly, the functions of the Trust will be conducted in accordance with the following principles of subsidiarity, solidarity and support for the common good Subsidiarity Decisions are to be taken at the level nearest to those affected by those decisions which is compatible with the principles of solidarity and support for the common good. Accordingly, a local governing body (the Local Governing Body ) is established to conduct each Academy (or federation of Academies) and to ensure its good governance. This Scheme of Delegation therefore aims to entrust to the Local Governing Body of each Academy (or, in the case of a federation, Academies) those functions customarily entrusted to a Local Governing Body of a Catholic voluntary aided school. The Local Governing Body shall be the Advisory Body for the Academy as required by the Master Funding Agreement entered into between the Trust and the Secretary of State for Education (the Secretary of State ) governing the affairs of the Trust (the Master Funding Agreement ) Solidarity The Trust Board and the Local Governing Bodies share a particular commitment to the mutual support of all Academies for whom the Trust is responsible, especially those that are in need of assistance at any particular time. Accordingly, this Scheme of Delegation recognises the obligation to contribute : Font:8 pt : Font:8 pt 2

3 to the common good of all Academies from out of the resources entrusted to them The Common Good The Directors and the members of the Local Governing Bodies recognise their responsibility towards the common good, not just of the Academies for whom the Trust is responsible and the Diocesan family of schools, but of all of the families and communities in the areas served by the Trust. In light of the principle of common good, the Local Governing Body also acknowledges the desire and obligation on the Directors to put in place measures to ensure that any Academy for whom the Trust is responsible is supported when the need arises. Where this may have a financial impact on the Academies, any policy shall first be discussed with the Local Governing Bodies and the views of the Academies taken into account in relation to the setting and implementation of any such policy. 1.4 Accountability The Directors are accountable to external government agencies including the Charity Commission and the Secretary of State (including any successor bodies) for the quality of the education they provide and they are required to have systems in place through which they can assure themselves of quality, safety and good practice. As the Academies are Catholic schools, designated as such, the Directors are also accountable to the Bishop of Brentwood to ensure that the Academies are conducted as Catholic schools in accordance with the canon law and teachings of the Roman Catholic Church so that at all times the Schools may serve as a witness to the Catholic faith in Our Lord Jesus Christ. The Directors also acknowledge that any land used by the Academies which is held by trustees is used at the discretion of the Bishop of Brentwood and the trustees and must be used for purposes which are consistent with the objects of the trust. 1.5 Purpose of the Scheme of Delegation This Scheme of Delegation explains the ways in which the Directors fulfil their responsibilities for the leadership and management of the Academies, and the : Font:8 pt : Font:8 pt 3

4 respective roles and responsibilities of both the Directors and the members of the Local Governing Bodies and the commitments to each other to ensure the success of the Academies. This Scheme of Delegation sets out the composition of the Local Governing Bodies and how they are to act and has been put in place by the Directors from the Effective Date in accordance with the provisions of the Trust s Articles of Association (the Articles ) and it should be read in conjunction with those Articles. References in this Scheme to numbered Articles are to the relevant clause of the Articles. 1.6 Annual Review of the Scheme of Delegation This Scheme of Delegation is to be reviewed on at least an annual basis and the Directors may alter any provisions of it provided these are consistent with any guidance issued from time to time by the Bishop. Before making changes to the framework Scheme of Delegation that applies to all Academies, the Directors shall consult with the Academies and seek the approval of the Bishop. Any removal of the Scheme of Delegation for any individual Academy shall only be undertaken in accordance with the provisions of section 7 headed Intervention and Removal of Delegated Responsibility. 2. ETHOS AND MISSION STATEMENT 2.1 The Trust s mission is as follows: [Insert Mission Statement] The Directors and the Local Governing Bodies supported by The Basildon Catholic Collegiate Trust will together determine how collective action and mutual support is to be organised and resourced. It is recognised that the greater collaboration that comes from the schools being part of one academy trust will encourage: the transfer of skills and experience through collective personal professional development; the pooling of resources to support efficiencies; strength through a shared vision and common goal; the development and sharing of best practice; focus enabling greater attention on 1 This is designed to identify what is distinctive about the Trust and the shared objectives of those schools who are coming together as part of the one Trust. : Font:8 pt : Font:8 pt 4

5 standards and improvements; collegiality and robustness. 2.3 The Directors recognise the role that the Academies play in their communities, both school community and Church community and Local Governing Bodies are free to decide how such support and patronage is given. The Local Governing Body shall ensure that any support is not inconsistent with the objects of the Trust and the restrictions on use of its charitable resources and any advice or restriction placed on the Trust by the Secretary of State or the Diocesan Trustees. The Local Governing Body shall ensure that any formal collaboration or support is appropriately documented and the details notified to the Directors. 3. DIRECTORS POWERS AND RESPONSIBILITIES 3.1 Subject to authority of the Bishop, the Directors have overall responsibility and ultimate decision making authority for all the work of the Trust, including the establishing and running of schools and in particular the Academies as a Catholic schools. This is largely exercised through strategic planning and the setting of policy. It is managed through business planning, monitoring and in some cases the setting of budgets, performance management, the setting of standards and the implementation of quality management processes. The Directors have the power to direct change where required. 3.2 The Directors have a duty to act in the fulfilment of the Trust s objects. The Directors also have a duty to the Bishop to uphold the object of the Trust and to have regard to any advice of the Bishop and to follow any directives issued by him or through the Basildon Catholic Collegiate Trust. 4. CONSTITUTION OF THE LOCAL GOVERNING BODY 4.1 Members of the Local Governing Body The number of people who shall sit on the Local Governing Body shall be not less than three but, unless otherwise determined by the Directors or the Bishop, shall not be subject to any maximum The Local Governing Body shall have the following members: : Font:8 pt : Font:8 pt 5

6 foundation members, appointed under clause the number of whom shall at all times exceed the number of other members serving on the Local Governing Body (including any co-opted members) by at least 2; Not used ; staff members, elected or appointed under clause 4.2.2; parent members, elected or appointed under clause 4.2.5; the head teacher of the Academy (the Principal ); and the current composition of the Local Governing Body of the Academy shall be set out in the Appendix, a copy of which shall be lodged with The Basildon Catholic Collegiate Trust and the Bishop.. No changes to the composition of the Local Governing Body shall be made without the consent of the Directors and the Bishop The Local Governing Body may also have co-opted members appointed under clause The Directors (all or any of them) shall also be entitled to serve on the Local Governing Body and attend any meetings of the Local Governing Body. Any Director attending a meeting of the Local Governing Body shall count towards the quorum for the purposes of the meeting and shall be entitled to vote on any resolution being considered by the Local Governing Body All persons appointed or elected to the Local Governing Body shall give a written undertaking to the Directors, the Bishop and the Diocesan Trustees to uphold the object of the Trust. 4.2 Appointment of members of the Local Governing Body The foundation members shall be appointed by the Bishop and in appointing foundation members the Bishop shall have regard to any recommendations and views of the Directors and The Basildon Catholic Collegiate Trust in relation to ensuring that the people serving : Font:8 pt : Font:8 pt 6

7 on the Local Governing Body between them have an appropriate range of skills and experience, particularly in the light of any need for support to ensure sustained school improvement. The foundation members shall include the following positions and can be fulfilled by the same individuals if necessary: Parish Priest or Assistant Priest of the Catholic Parish of Our Lady and All Saints Basildon ex officio; A Member of The Basildon Catholic Collegiate Trust; A Member of The Diocese of Brentwood Multi Academy Trust; The Local Governing Body may appoint persons who are employed at the Academy to serve on the Local Governing Body through such process as they may determine, provided that the total number of such persons (including the Principal) does not exceed one third of the total number of persons on the Local Governing Body. The positions held by those employed at the Academy (e.g. teaching and non teaching) may be taken into account when considering appointments Unless the Directors agree otherwise, in appointing persons to serve on the Local Governing Body who are employed at the Academy the Local Governing Body shall invite nominations from all staff employed under a contract of employment or a contract for services or otherwise engaged to provide services to the Academy (excluding the Principal) and, where there are any contested posts, shall hold an election by a secret ballot. All arrangements for the calling and the conduct of the election and resolution of questions as to whether any person is an eligible candidate shall be determined by the Local Governing Body The Principal shall be treated for all purposes as being an ex officio member of the Local Governing Body Subject to clause 4.2.9, the parent members of the Local Governing Body shall be elected by parents of registered pupils at the Academy : Font:8 pt : Font:8 pt 7

8 and he or she must be a parent of a pupil at the Academy at the time when he or she is elected The Local Governing Body shall make all necessary arrangements for, and determine all other matters relating to, an election of the parent members of the Local Governing Body, including any question of whether a person is a parent of a registered pupil at the Academy. Any election of persons who are to be the parent members of the Local Governing Body which is contested shall be held by secret ballot The arrangements made for the election of the parent members of the Local Governing Body shall provide for every person who is entitled to vote in the election to have an opportunity to do so by post or, if he prefers, by having his ballot paper returned to the Academy by a registered pupil at the Academy Where a vacancy for a parent member of the Local Governing Body is required to be filled by election, the Local Governing Body shall take such steps as are reasonably practical to secure that every person who is known to them to be a parent of a registered pupil at the Academy is informed of the vacancy and that it is required to be filled by election, informed that he is entitled to stand as a candidate, and vote at the election, and given an opportunity to do so The number of parent members of the Local Governing Body required shall be made up by persons appointed by the Local Governing Body if the number of parents standing for election is less than the number of vacancies In appointing a person to be a parent member of the Local Governing Body pursuant to clause 4.2.9, the Local Governing Body shall appoint a person who is the parent of a registered pupil at the Academy; or where it is not reasonably practical to do so, a person who is the parent of a child of compulsory school age Not used Not used. : Font:8 pt : Font:8 pt 8

9 4.3 Co-opted members of the Local Governing Body The Local Governing Body may appoint up to 3 persons to be Coopted to the Local Governing Body. A person who shall be Co-opted to the Local Governing Body means a person who is to serve on the Local Governing Body without having been appointed or elected to serve on the Local Governing Body. The Local Governing Body may not co-opt a person who is employed at the Academy if thereby the number of persons employed at the Academy serving on the Local Governing Body would exceed one third of the total number of persons serving on the Local Governing Body (including the Principal). 4.4 Term of office The term of office for any person serving on the Local Governing Body shall be 4 years, save that this time limit shall not apply to the Principal and persons who are Co-Opted to the Local Governing Body who shall serve for 1 year. Subject to remaining eligible to be a particular type of member on the Local Governing Body, any person may be reappointed or re-elected (including being Co-opted again) to the Local Governing Body. 4.5 Resignation and removal A person serving on the Local Governing Body shall cease to hold office if he resigns his office by notice to the Local Governing Body (but only if at least three persons will remain in office when the notice of resignation is to take effect) A person serving on the Local Governing Body shall cease to hold office if he is removed by the person or persons who appointed him. Whilst at the same time as acknowledging that no reasons need to be given for the removal of a person who serves on the Local Governing Body by a person or persons who appointed him, any failure to uphold the values of the Trust and/or the Academy or to act in a way which is appropriate in light of this Scheme of Delegation (including the] Diocesan Memorandum of Understanding or otherwise in accordance : Font:8 pt : Font:8 pt 9

10 with the views of the Bishop as being appropriate for a person with the responsibility for the running of a Catholic school will be taken into account. A person (except a foundation member) may also be removed by the Directors but only after the Directors have given due regard to any representations by the Local Governing Body. This clause does not apply in respect of a person who is serving as a parent member on the Local Governing Body If any person who serves on the Local Governing Body in his capacity as an employee at the Academy ceases to work at the Academy then he shall be deemed to have resigned and shall cease to serve on the Local Governing Body automatically on termination of his work at the Academy Where a persons who serves on the Local Governing Body resigns his office or is removed from office, that person or, where he is removed from office, those removing him, shall give written notice thereof to the Local Governing Body who shall inform the Directors. 4.6 Disqualification of members of the Local Governing Body No person shall be qualified to serve on the Local Governing Body unless he is aged 18 or over at the date of his election or appointment. No current pupil of the Academy shall be entitled to serve on the Local Governing Body A person serving on the Local Governing Body shall cease to hold office if he becomes incapable by reason of illness or injury of managing or administering his own affairs A person serving on the Local Governing Body shall cease to hold office if he is absent without the permission of the Chair of the Local Governing Body from all the meetings of the Local Governing Body held within a period of six months and the Local Governing Body resolves that his office be vacated A person shall be disqualified from serving on the Local Governing Body if: : Font:8 pt : Font:8 pt 10

11 his estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or he is the subject of a bankruptcy restrictions order or an interim order A person shall be disqualified from serving on the Local Governing Body at any time when he is subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order) A person serving on the Local Governing Body shall cease to hold office if he would cease to be a director by virtue of any provision in the Companies Act 2006 or is disqualified from acting as a trustee by virtue of section 178 of the Charities Act 2011 (or any statutory reenactment or modification of that provision) A person shall be disqualified from serving on the Local Governing Body if he has been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission 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 which he by his conduct contributed to or facilitated A person shall be disqualified from serving on the Local Governing Body where he has, at any time, been convicted of any criminal offence, excluding any that have been spent under the Rehabilitation of Offenders Act 1974 as amended, and excluding any offence for which the maximum sentence is a fine or a lesser sentence except where a person has been convicted of any offence which falls under section 178 of the Charities Act After the Academy has opened, a person shall be disqualified from serving on the Local Governing Body if he has not provided to the : Font:8 pt : Font:8 pt 11

12 chairman of the Local Governing Body a criminal records certificate at an enhanced disclosure level under section 113B of the Police Act In the event that the certificate discloses any information which would in the opinion of either the chairman or the Principal confirm their unsuitability to work with children that person shall be disqualified. If a dispute arises as to whether a person shall be disqualified, a referral shall be made to the Secretary of State to determine the matter. The determination of the Secretary of State shall be final Where, by virtue of this Scheme of Delegation, a person becomes disqualified from serving on the Local Governing Body; and he was, or was proposed, to so serve, he shall upon becoming so disqualified give written notice of that fact to the Local Governing Body who shall inform the Directors This clause 4.6 and paragraph 2 of the Appendix shall also apply to any member of any committee of the Local Governing Body who is not a member of the Local Governing Body. 5. DELEGATED POWERS 5.1 General Provisions Subject to provisions of the Companies Act 2006, the Articles and to any directions given by the Members of the Trust following a special resolution or any directives issued by the Bishop, the management of the business of the Academy shall be delegated by the Directors to the Local Governing Body who may exercise all the powers of the Trust in so far as they relate to the Academy, in accordance with the terms of this Scheme of Delegation. No alteration of the Articles and no such direction shall invalidate any prior act of the Local Governing Body which would have been valid if that alteration had not been made or that direction had not been given. Except as provided for in this Scheme of Delegation, the powers given by this Scheme of Delegation shall not be limited by any special power given to the Directors by the Articles or to the Local Governing Body by this Scheme of Delegation : Font:8 pt : Font:8 pt 12

13 and a meeting of the Local Governing Body at which a quorum is present may exercise all the powers so delegated In general terms, the responsibility of the Directors in so far as the business of the Academy is concerned is to determine the policy and procedures of the Academy and to consider and respond to strategic issues. Whilst the Directors are free to decide what constitutes a strategic issue, having regard to all the circumstances, unless a matter is identified as a strategic issue and/or is identified as being the responsibility of the Directors under this Scheme of Delegation, the responsibility for such matter will be that of the Local Governing Body Except as provided for in this Scheme of Delegation, in addition to all powers hereby expressly conferred upon the Local Governing Body and without detracting from the generality of the powers delegated, the Local Governing Body shall have the following powers, namely: to expend certain funds of the Trust as permitted by clause 5.3 in such manner as the Local Governing Body shall consider most beneficial for the achievement of the Object in so far as it relates to the Academy and to invest in the name of the Trust such part of the funds of the Trust for which it has responsibility pursuant to this Scheme of Delegation as it may see fit and to direct the sale or transposition of any such investments and to expend the proceeds of any such sale in furtherance of the Object; and to enter into contracts on behalf of the Trust in so far as they relate to the Academy and are within the scope of the Local Governing Body s responsibility as set out in this Scheme of Delegation In the exercise of its powers and functions, the Local Governing Body may consider any advice given by the Principal and any other executive officer as well as the Directors and the Bishop. : Font:8 pt : Font:8 pt 13

14 5.1.5 Any bank account in which any money of the Trust in so far as it relates to the Academy is deposited shall be operated by the Local Governing Body in the name of the Trust. All cheques, BACS, online payments and orders for the payment of money from such an account shall be signed by or authorised by at least two signatories authorised by the Local Governing Body except where expenditure exceeds 150,000 in which case one of those signatories shall be a Director serving in an executive capacity or in his or her absence the chair of the Directors. Comment [r1]: Is this arrangement acceptable? No monies of the Trust (whether or not authority to expend has been devolved to the Local Governing Body) shall be paid into any bank account other than a bank account authorised by the Directors [To the extent not insured by the Directors, the Local Governing Body shall place such insurance as is necessary to protect the Academy from loss and other risks that shall include (but shall not be limited to) the following, such insurance to be placed with a reputable insurance company as directed by the Directors subject to any direction of the Bishop: land, buildings and contents; public, employer s and hirer s liability; governors liability and professional indemnity; personal accident and school journeys; terrorism and business interruption; money and fidelity; 5.2 Ethos and Values legal expenses, libel and slander; engineering. : Font:8 pt : Font:8 pt 14

15 5.2.1 Whilst the Local Governing Body shall be responsible for ensuring that the Academy is conducted in accordance with the Trust s ethos and values referred to in clause 2, the determination of the Academy s ethos and mission statement shall be the responsibility of the Directors who shall not make any alteration to the religious character of the Academy or the conduct of the Academy as a Catholic school without the consent of the Bishop At all times, the Directors and the Local Governing Body shall ensure that the Academy is conducted in accordance with the object of the Trust, the terms of the trust governing the use of the land which is used for the purposes of the Academy and any agreement entered into with the Secretary of State for the funding of the Academy. 5.3 Finance In acknowledgement of the receipt by the Directors of funds in relation to the Academy; provided by the Secretary of State, donated to the Trust and generated from the activities of the Trust, the Directors delegate to the Local Governing Body the responsibility to manage and expend all monies received on account of the Academy for the purposes of the Academy. The Local Governing Body acknowledges the support provided by the Directors and that certain costs will be incurred by it in undertaking its functions and meeting its responsibilities, in particular in relation to: the production of corporate accounts for the Trust and the auditing of those accounts; ensuring appropriate insurances are in place and implementing a suitable risk management strategy, including setting up an internal audit committee to oversee the financial health of the Trust; and the regulatory and statutory requirements on the Trust including the responsibilities to Companies House as well as the Education Funding Agency. : Font:8 pt : Font:8 pt 15

16 There may be other services provided by the Directors on either an optional or a non discretionary basis and these will be agreed with the Local Governing Body. In light of this, the Local Governing Body will be expected to meet a proportion of the costs incurred by the Directors, which shall be determined by the Directors on an annual basis. The Directors will on request make available to the Local Governing Bodies full details of the expenditure incurred by the Directors and will at the start of each academic year circulate a draft budget for the central expenses of Trust and any reserves policy for discussion with the Local Governing Bodies. In light of the principle of subsidiarity but recognising the duties and responsibilities of the Directors, the Directors are committed to keeping the levy for central support and functions to a minimum Whilst the Local Governing Body shall have the power to enter into contracts on behalf of the Trust in so far as they relate to the Academy pursuant to clause 5.1.3, the Local Governing Body shall first obtain the written consent of the Directors to any contracts or expenditure for any single matter above 150,000 (or such other amount as shall be notified by the Directors to the Academy from time to time). Comment [r2]: Is this arrangement acceptable? The accounts of the Trust shall be the responsibility of the Directors but the Local Governing Body shall provide such information about the finances of the Academy as often and in such format as the Directors shall reasonably require. Without prejudice to the above, the Local Governing Body shall provide monthly management accounts to the Directors. The Local Governing Body acknowledges the need of the Directors to co-ordinate the financial information of each of the Academies and in order to achieve efficiencies and to minimise the cost and risk of auditing, the Local Governing Body commits to supporting the long term aim of the Directors to harmonise the financial management information systems adopted by the Academies The Local Governing Body shall ensure that proper procedures are put in place for the safeguarding of funds and that the requirements of the Academies Financial Handbook are observed at all times as well as : Font:8 pt : Font:8 pt 16

17 any requirements and recommendations of the Directors and the Secretary of State as well as the Bishop. For the avoidance of doubt the Directors and the Local Governing Body acknowledge the restriction on borrowing contained in the Master Funding Agreement The Local Governing Body shall submit its annual budget to the Directors at the times notified to it by the Directors and will have regard to any views of the Directors as to the appropriateness of such budget, recognising any dependency on discretionary grants. The Local Governing Body shall use all reasonable endeavours to operate within the Academy s budget and shall inform the Directors and the Bishop of any need for significant unplanned expenditure and will discuss with the Directors (and others as the Directors shall require) options for identifying available funding. To avoid any doubt, given the financial delegation to the Local Governing Body, any liabilities of the Trust which relate to the Academy (or to the predecessor school) will be the responsibility of the Local Governing Body The Local Governing Body shall develop appropriate risk management strategies and shall at all times adopt financial prudence in managing the financial affairs of the Trust in so far as these relate to the Academy in order to ensure the long term sustainability of the Academy. The Local Governing Body shall liaise with either the Trust's agents appointed to undertake the "responsible officer" function for the Trust or the Trust s own internal audit committee, providing such information as may be necessary to such persons and to the Directors, who in conjunction with the auditors will fulfil the internal audit function required by the Academies Financial Handbook. The Local Governing Body will comply with any requests of the Directors to undertake a risk assessment of the activities of the Academy whether for auditing purposes or not and whether such assessment is required by the Secretary of State or not. The Directors will notify the Local Governing Body of its risk assessment policy from time to time and the Local Governing Body shall use its best endeavours to comply with it at all times. : Font:8 pt : Font:8 pt 17

18 5.3.7 The Directors acknowledges the Local Governing Body's right and intention to use any voluntary (i.e. non grant) funds (including any restricted funds) raised by the Local Governing Body for the purposes for which they have been raised and otherwise solely at the discretion of the Local Governing Body provided this is within the objects of the Trust. Proper accounts will be kept by the Local Governing Body showing the receipt and use of such funds and the extent to which such funds are restricted, in the light of the obligation on the Trust to note these funds separately in the accounts of the Trust Both the Directors and the Local Governing Body acknowledge that the Bishop and the Diocesan Trustees have no financial responsibility for the Trust or the Academies in any situation The Directors also acknowledges that from time to time the Academy may seek to generate additional funds by undertaking certain activities, such as: lettings, the provision of sporting facilities, running a nursery and/or providing childcare, teacher training, providing and supporting ICT and other administrative services. In some cases and particularly where such activities do not fall within the charitable Object of the Trust, these may need to be channelled through a trading subsidiary. Provided the Academy first obtains the consent of the Directors and follows any guidance of the Trust s auditors and the Secretary of State particularly in relation to the resourcing of such activity and the recharging of costs, the Academy is free to establish such subsidiaries. Any income gift aided by the trading subsidiary to the Trust shall be delegated to the Academy and can be used for the Academy s purposes, provided, such funds are noted separately in the accounts of the Academy and are subject to any reserves policy operated by the Directors. 5.4 Premises Subject to and without prejudice to clauses and 5.4.4, the maintenance of the buildings and facilities used in respect of the Academy is the responsibility of the Local Governing Body, who shall have regard at all times to the safety of the users of the buildings and : Font:8 pt : Font:8 pt 18

19 the facilities and the legal responsibilities of the Directors and the Diocesan Trustees (as the case may be) as owners of such buildings and facilities The Local Governing Body shall in conjunction with the Directors [and the Diocesan Trustees] develop an estate management strategy that will identify the suitability of building and facilities in light of long term curriculum needs and the need for and availability of capital investment to meet the Local Governing Body s responsibility to ensure the buildings and facilities are maintained to a good standard The responsibility for any disposals or acquisitions of land to be used by the Academy will be that of the Directors Insuring the land and buildings used by the Academy will be the responsibility of the Diocesan Trustees who together with the Directors will insure that full insurance for the land and buildings is in place at all times. The cost shall be recouped from the budget delegated to the Local Governing Body to the extent the same is not otherwise reclaimed directly from the Education Funding Agency (or any successor body). The details of the insurance together with any obligations on the Local Governing Body in relation to the management and operation of the buildings (including security measures) will be communicated to the Local Governing Body who will ensure compliance with any requirements of the insurers The Local Governing Body will notify the Directors and the Diocesan Trustees as soon as reasonably practicable following the occurrence of an event in respect of which insurance has been obtained. The responsibility for notifying the insurers is the Local Governing Body. The Directors and the Local Governing Body will provide each other with all necessary information and assistance as may be helpful in the management of any insurance claims. The Local Governing Body will comply with any claims management policy adopted by the Directors, which has been approved by the Diocesan Trustees. 5.5 Resources : Font:8 pt : Font:8 pt 19

20 5.5.1 Principal The Directors shall appoint and manage the performance of the Principal (having first obtained the consent of the Bishop and the Basildon Catholic Collegiate Trust to any appointment and removal). The Directors and the Local Governing Body may delegate such powers and functions as they consider are required by the Principal for the internal organisation, management and control of the Academy (including the implementation of all policies approved by the Directors and the Local Governing Body and for the direction of the teaching and curriculum at the Academy) The Directors shall ensure that the Principal is a practising Catholic in full communion with the Catholic Church and any departures from this must be discussed with and approved by the Bishop Other Staff The Local Governing Body shall be responsible for the appointment and management of all other staff to be employed at the Academy provided that the Local Governing Body shall: comply with all policies dealing with staff issued by the Directors from time to time; take account of any pay terms set by the Directors; adopt any standard contracts or terms and conditions for the employment of staff issued by the Directors; manage any claims and disputes with staff members having regard to any advice and recommendations given by the Directors; and : Font:8 pt : Font:8 pt 20

21 adopt appropriate and transparent procedures for the recruitment of staff The Local Governing Body shall carry out or delegate to either the Principal and/or an appropriate committee (as appropriate) the performance management of all staff (excluding the Principal) and shall put in place procedures for the proper professional and personal development of staff. 5.6 Curriculum and Standards The Local Governing Body shall be responsible for the setting and review of the curriculum but shall have regard to any views of the Directors in recognition of the Directors obligation to the Secretary of State to provide a broad and balanced curriculum. The Local Governing Body will provide opportunity for regular collective worship in accordance with the rites and tenets of the Catholic Church and will provide religious education in accordance with the teachings of the Catholic Church The Local Governing Body shall be responsible for the standards achieved by the Academy and the pupils attending the Academy but shall follow such advice and recommendations of the Directors as they might issue from time to time. The Directors shall monitor standards and achievements The Local Governing Body shall be responsible for the setting and review from time to time of the Academy s admissions policy provided that no change will be made to the admissions criteria without the written consent of the Directors and the Bishop Any decision to expand the Academy shall be that of the Directors (with the written consent of the Bishop) but who shall have regard to the views of the Local Governing Body. : Font:8 pt : Font:8 pt 21

22 5.7 Extended Schools and Business Activities Whilst the undertaking of any activities which would be described as part of the Academy s extended schools agenda or any activities designed to generate business income, would be the responsibility of the Local Governing Body, this shall only be undertaken in a manner consistent with any policy set by the Directors (and the Bishop and the Diocesan Trustees) and having regard to the viability of such activities, the impact on the Academy s activities and any financial implications, such as the threat of taxation in light of the Trust s charitable objects and any threat to funding provided by the Secretary of State If any part of the Premises are to be let out to third parties this will only be on the basis that they will not be used for any purpose which is contrary to the teachings of the Catholic Church or which would cause offence. At all times the Catholic nature of the Premises must be respected by any users. Any breach or potential breach of this obligation will mean that such use of the Premises will be withdrawn and the Local Governing Body will be responsible for any consequences of such withdrawal. 5.8 Regulatory Matters The responsibility for the satisfaction and observance of all regulatory and legal matters shall be the Directors but the Local Governing Body shall do all such things as the Directors may specify as being necessary to ensure that the Trust is meeting its legal obligations. 6. OPERATIONAL MATTERS 6.1 The Local Governing Body shall comply with the obligations set out in the Appendix which deals with the day to day operation of the Local Governing Body. : Font:8 pt : Font:8 pt 22

23 6.2 The Local Governing Body will adopt and will comply with all policies of the Directors and the Bishop communicated to the Local Governing Body from time to time. 6.3 Both the Directors and all members of the Local Governing Body have a duty to act independently and not as agents of those who may have appointed them and will act with integrity, objectivity and honesty in the best interests of the Trust and the Academy and shall be open about decisions and be prepared to justify those decisions except in so far as any matter may be considered confidential. 6.4 The Local Governing Body will review its policies and practices on a regular basis, having regard to recommendations made by the Directors Bishopfrom time to time, in order to ensure that the governance of the Academy is best able to adapt to the changing political and legal environment. 6.5 The Local Governing Body shall provide such data and information regarding the business of the Academy and the pupils attending the Academy as the Directors may require from time to time. 6.6 The Local Governing Body shall submit to any inspections by the Directors and any inspections pursuant to section 48 of the Education Act 2005 and any additional canonical inspections and visitations of the Bishop and any person appointed by him for the purpose of ensuring that the Academy is being conducted in accordance with canon law and is following the practices and teachings of the Catholic Church and in order to allow the Bishop to assess how well the Academy is being managed in light of the additional responsibilities and expectations of schools which are academies. 7. INTERVENTION AND REMOVAL OF DELEGATED RESPONSIBILITY 7.1 The Local Governing Body shall work closely with and shall promptly implement any advice or recommendations made by the Directors, Basildon Catholic Collegiate Trust or the Bishop in the event that intervention is either formally threatened or is carried out by the Secretary of State and the Directors expressly : Font:8 pt : Font:8 pt 23

24 reserve the unfettered right to review or remove any power or responsibility conferred on the Local Governing Body under this Scheme of Delegation in such circumstances. 7.2 Notwithstanding the above, the Directors and the Local Governing Body acknowledge the value of maintaining a good working relationship particularly in light of the levels of delegated responsibility within the Trust and the impact this may have on the ability of the Board to react when standards are falling and/or there is evidence of financial imprudence exposing the Local Governing Body and possibly more widely the Trust itself to a threat of intervention. The Directors and the Local Governing Body in such circumstances make the following commitments to each other: to discuss openly any situation which may in the opinion of either potentially lead to a threat of intervention by the Secretary of State; to use all reasonable endeavours to agree the measures to be taken to improve standards and the performance of the Academy and to support each other in the implementation of those measures; to allow each other the opportunity to effect improvements at the Academy through directions to be issued to persons appointed either by the Local Governing Body (including the Principal) or the Bishop (as the case may be) in relation to the governance of the Academy provided such steps do not seek to undermine the collaborative and respectful approach being adopted by each or the religious character of the Academy; not to remove or deny delegated authority without first agreeing to put in place for an appropriate period of time an interim executive board whose responsibility it will be to address the issues culminating in the threat of intervention, such interim executive board will be made up of an equal number of persons appointed by both the Directors and the Local Governing Body and shall have power to act subject only to the guiding principles set out in the clause 1 and the fulfilment of the Object of the Trust. : Font:8 pt : Font:8 pt 24

25 7.2.5 not as Directors to exercise any power to remove a Principal or to attend and vote at any meeting of the Local Governing Body at which this is to be discussed without first discussing the need to ensure that such power is being exercised appropriately and proportionately. : Font:8 pt : Font:8 pt 25

26 APPENDIX FUNCTIONING OF THE LOCAL GOVERNING BODY 1. CHAIRMAN AND VICE-CHAIRMAN OF THE LOCAL GOVERNING BODY 1.1 [Subject to approval of the Directors,] the members of the Local Governing Body shall each school year, at their first meeting in that year, elect a chairman and a vice-chairman from among their number to serve until a successor is appointed or a vacancy occurs as envisaged in paragraph 1.3. Neither a person who is employed by the Trust (whether or not at the Academy) nor a person who is at the time of election already a Director of the Trust (except where such person is a Director by virtue of being the incumbent chairman) nor a person who is not a foundation member shall be eligible for election as chairman or vice-chairman, noting for the avoidance of doubt that once elected the chairman will be eligible to serve as a Director of the Trust pursuant to the provisions of Articles 51 and Subject to paragraph 1.4, the chairman or vice-chairman shall hold office as such until his successor has been elected in accordance with this clause The chairman or vice-chairman may at any time resign his office by giving notice in writing to the Local Governing Body. The chairman or vice-chairman shall cease to hold office if: he ceases to serve on the Local Governing Body; he is employed by the Trust whether or not at the Academy; he is removed from office in accordance with this Scheme of Delegation; or in the case of the vice-chairman, he is elected in accordance with this Scheme of Delegation to fill a vacancy in the office of chairman. 1.4 Where by reason of any of the matters referred to in paragraph 1.3, a vacancy arises in the office of chairman or vice-chairman, the members of the Local Governing Body shall at its next meeting elect one of their number to fill that vacancy. : Font:8 pt : Font:8 pt 1

27 1.5 Where the chairman is absent from any meeting or there is at the time a vacancy in the office of the chairman, the vice-chairman shall act as the chair for the purposes of the meeting. 1.6 Where in the circumstances referred to in paragraph 1.5 the vice-chairman is also absent from the meeting or there is at the time a vacancy in the office of vice-chairman, the members of the Local Governing Body shall elect one of their number to act as a chairman for the purposes of that meeting, provided that the person elected shall neither be a person who is employed by the Trust whether or not at the Academy nor a Director. 1.7 A Director shall act as chairman during that part of any meeting at which the chairman is elected. 1.8 Any election of the chairman or vice-chairman which is contested shall be held by secret ballot. 1.9 The chairman or vice-chairman may only be removed from office by the Directors at any time or by the Local Governing Body in accordance with this Scheme of Delegation A resolution to remove the chairman or vice-chairman from office which is passed at a meeting of the Local Governing Body shall not have effect unless: it is confirmed by a resolution passed at a second meeting of the Local Governing Body held not less than fourteen days after the first meeting; and the matter of the chairman s or vice-chairman s removal from office is specified as an item of business on the agenda for each of those meetings Before a resolution is passed by the Local Governing Body at the relevant meeting as to whether to confirm the previous resolution to remove the chairman or vice-chairman from office, the person or persons proposing his removal shall at that meeting state their reasons for doing so and the chairman or vicechairman shall be given an opportunity to make a statement in response. : Font:8 pt : Font:8 pt 2

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