INSTRUCTIONS FOR THE RETURNING OFFICER
ON THE CONDUCT OF
STAFF GOVERNOR ELECTIONS
IN COMMUNITY, COMMUNITY SPECIAL AND VOLUNTARY CONTROLLED SCHOOLS
(AND IN VOLUNTARY AIDED AND FOUNDATION SCHOOLS
IF ADOPTED BY SCHOOL'S GOVERNING BODY)
Changes brought about by the implementation of the Education School Governance
(Constitution)(England) Regulations 2003 mean that all staff members (the Headteacher, teaching
and support staff) form one of the stakeholder groups on the governing body: staff governors.
The Local Authority, as the appropriate authority for community, community special and voluntary
controlled maintained schools, has drawn up these rules which cover the conduct of elections for
teachers and support staff in these schools. Governing bodies of voluntary aided and foundation
schools may also decide to adopt these rules for staff governor elections.
The Head or Principal of the school is the Returning Officer and is responsible for the
conduct of the election. It is essential that whenever a vacancy occurs, an election is
conducted even though it may be uncontested. The Clerk to the Governing Body has some
specific responsibilities and may be asked to assist with some of the administrative tasks
involved. Other tasks may be allocated to other members of the school/college's staff.
1. Identifying that a vacancy exists
The Returning Officer establishes that a vacancy exists on the basis of information being received,
such as
the end of a governor's term of office
resignation (evidenced by letter to Clerk)
disqualification (non-attendance or other reason)
the staff member has ceased employment at the school.
1. Who can be nominated to fill the vacancy?
The constitution of the governing body is stated in the Instrument of Government. There will be at
least two staff governor places on the governing body but there may be up to five. The
Headteacher is included within the staff governor category. If s/he decides not to be a governor,
the place remains vacant and cannot be filled by any other staff member.
If there are two staff places, one is for the Headteacher and one for a teacher.
If there are three staff places, one is for the Headteacher, the second is for a teacher and the
third is for a support staff member.
If there are four or more staff places, one is for the Headteacher, the second is for a teacher, the
third for a support staff member and any further places that can be filled by either teachers or
support staff members.
It is likely that the second and third staff governor places will be held by a teacher and support staff
member respectively. However, it is possible for the teacher place to be held by a support staff
member and vice versa. This will happen, for example, when no teacher stands when an election
for a teacher governor takes place: nominations are sought from the support staff and a member of
the support staff can then hold the place.
When any vacancy for a staff governor occurs (or is going to occur), it is important to first establish
which category of staff member the place is intended for, irrespective of who actually has held the
place until the vacancy occurred or currently holds it. This information will be shown on the termly
record check.
If the place is for a staff governor representing teachers, then nominations must first be sought
from among the teaching staff. If no teacher is nominated by the deadline, then nominations
must be sought from the support staff.
February 2010
If the place is for a staff governor representing support staff, then nominations must first be
sought from among the support staff. If no support staff member is nominated by the deadline,
then nominations must be sought from the teachers.
If the place is for a staff governor representing either teachers or support staff, then
nominations must be sought from all staff eligible see below.
This may mean that a serving governor may not be eligible to be nominated for re-election if they
serve in a place designated for a member of staff of a different category.
2. Timetable for election procedure
The Returning Officer and Clerk agree timetable for the election process
do not delay too long in starting the process, as this will mean the governing body will carry a
vacancy/vacancies
where possible, plan the timing of elections to maximise the participation by staff
to avoid breaks in service, or overlaps, any election should take place with the count on the day
after the date of expiry of current staff governor's term of office
allow at least two school weeks for the return of nomination papers
when there is to be an election, allow one school week for voting and allow enough time for the
printing and despatch of ballot papers
The Returning Officer and Clerk agree the allocation of various tasks involved in conducting the
election, including:
deciding who will be undertaking the major responsibility for the administration of the election
(including photocopying and sending out letters and, if necessary, ballot papers; ensuring there
are sufficient envelopes for return of ballot papers)
actively taking opportunities to publicise the election and promote the value of staff as
governors (e.g. in staff newsletter or on staffroom noticeboard)
3. Who is eligible?
Teachers who ARE eligible to stand or vote in staff governor elections are
the full and part-time teachers in regular service at the school on the date of the election. This
includes part-time, temporary, peripatetic or regular supply teachers as well as full-time,
permanent teachers. Staff who are on maternity leave, secondment or absent through illness
are also eligible.
Teachers who are NOT eligible to stand or vote in teacher governor elections are
staff who teach or instruct pupils off site and who do not work at the school
Support Staff may be employed under a contract of employment or a contract for services. The
Returning Officer will need to draw up a list of who they consider to be eligible and there will be
some scope for exercising discretion about who is included on the list. The following is intended to
help the Returning Officer decide where to draw the line when it comes to deciding who is eligible.
Those who are DEFINITELY eligible will include
staff employed directly from the school budget administrative staff (administrators, clerical
assistants, bursars); support staff (teaching assistants, learning support assistants, technicians,
resource assistants, librarians, classroom and special support assistants); nursery nurses;
mealtime assistants; catering staff; caretaker and cleaning staff
staff employed (by a third party) under a contract for services at the school and who
regularly work on site (more than once a fortnight would be counted as "regular") catering
staff; caretakers and cleaning staff; grounds and other maintenance staff; some health staff
such as physiotherapists; school crossing patrol
staff who work in other provision at the school, provided it is under the control of the
governing body staff of after-school clubs or holiday play schemes; Community Education staff
(community tutors and administrative staff, adult education; tutors, family education staff, youth
workers, outdoor education staff, sports instructors); staff of pre-school playgroups, crèches or
parent and toddler groups
February 2010
Those who are NOT eligible include
staff employed (by a third party) under a contract for services at the school and who do
not regularly work on site (less than once a fortnight would be counted as "not regular")
staff who work in other provision providing activities at the school NOT under the
control of the governing body
staff employed to perform a professional service to the generality of Torbay schools
(rather than carrying out a support function for one specific school) occupational and speech
therapists; educational psychologists; LA link advisers, finance, personnel and other LA officers
anyone working in an unpaid capacity
4. Prepare and send out nomination forms
the Clerk should complete the relevant pro-forma letter inviting nominations
print enough copies of the letter to provide one for each member of the relevant staff group
who is eligible
the date for return should be at least 10 school days after they are sent out
send out nomination forms to each eligible person via usual internal "post"
where eligible members of staff are absent, the form must be sent to the person's home
address by post if they do not return to school on the next day
5. Receive nominations
When the closing date for nominations is reached, check the nomination forms received
are all nominees are eligible?
have all nominees provided a personal statement?
If the number of valid nominations exceeds the number of vacancies, a ballot will be
required.
If the number of valid nominations is less than or equal to the number of nominations, each
candidate will be elected unopposed, the Clerk should be requested to prepare the appropriate
appointment letter(s) and post the result as mentioned below.
If the vacancy is for a place designated for a teacher and no nominations are received,
repeat the process in section 5, this time seeking nominations from the support staff.
If the vacancy is for a place designated for a support staff member and no nominations are
received, repeat the process in section 5, this time seeking nominations from the teachers.
A vacancy will occur whenever insufficient nominations are received, and every effort
should be made to re-run the election process as soon as is practical. All vacancies MUST
be filled by election and no staff governor place can be filled by appointment or 'slotting in'.
Where it is difficult to recruit staff members, efforts should be made by the governing body
to encourage staff members to come forward and play their part on the governing body.
6. Send out ballot papers
The Clerk should complete the appropriate ballot paper by entering the full names of candidates in
alphabetical order and the date for the return of completed ballot papers. Candidates' personal
statements should be typed in a standard format, organised into the same order as the names on
the ballot paper and attached.
All staff, provided they are eligible see paragraph 3, can vote in all elections, irrespective of the
category of staff member nominated.
Print sufficient copies of the ballot paper and the candidates' personal statements to provide
one for all staff eligible on the day on which ballot papers are distributed.
Send the papers and a return envelope to each eligible person via internal "post".
Where eligible teaching staff are absent, the papers must be sent to the person's home address by
post if they do not return to school on the next day.
February 2010
7. Return of ballot papers and the result of the election
As ballot papers are received, they should be placed (in their unopened envelopes) in a safe place.
The arrangements for the count should be agreed by the Returning Officer with the Chair of
Governors and should be stated in a notice posted on the staffroom notice board). The count
should take place after 12.00 noon on the date by which completed ballot papers are to be
returned.
The Returning Officer should conduct the count at the school accompanied by the Chair of
Governors or his/her nominee. All candidates may be present at the count if they wish.
The Returning Officer decides whether a vote is valid
votes may be cast up to the number of vacancies for teacher governors
votes shall be signified by a cross placed by the voter against the candidate's name
any ballot paper which identifies the voter will be null and void
Before reaching any decision about any particularly difficult case, the Returning Officer may wish to
consult the Director of Children’s Services (especially if the result of the election will depend on the
validity of the vote(s) in question).
The candidate(s) to be elected will be the candidate(s) gaining the highest number of votes
(according to the number of vacancies). In the event of a tie, candidates will draw lots in the
presence of the Returning Officer and the Chair of Governors and his/her nominee.
When the result is known, a notice must be posted on the staffroom notice board for one month.
Where candidates have been elected unopposed, the results should be posted similarly.
Election results will only be confirmed once the candidate(s) has/have complied with the
requirements of a Child Protection check. If s/he fails to provide the relevant documentation for the
check within three months of the date of the election count, the election will be declared void
unless there are mitigating circumstances.
8. After the election
The Clerk must
inform successful candidate(s) using the model letter, adding any other information as
appropriate, amending according to whether an ISA List or a CRB check is required
ensure that the designated member of staff receives the necessary original documents from
the governor and submits an ISA List or CRB child protection check
inform successful candidates of their term of office as a parent governor, the date four years
after the date when the governor provided the documentation for a child protection check (i.e. if
someone provides information on 22 June 2008, then their expiry date is 21 June 2012);
complete a Form L and ensure that a Form CP is completed and both forms are sent to
Governing Body Support, Children's Services, Torbay Council
inform unsuccessful candidate(s) using the relevant model letter
The Returning Officer must ensure that all ballot papers are stored securely for three months, after
which time they should be destroyed.
February 2010
February 2010