Governance Structures

There must be at least three MAC Directors in post at all times.  The membership of the MAC Board of Directors must always comply with the requirements of the Articles of Association.  No employee of the MAC is permitted to be appointed as a Director.

The Directors shall elect a chair and a vice-chair from among the Foundation Directors on an annual basis.  

All MAC Directors must, before they commence any MAC Director duties, sign and return to the DES the Undertaking to the Archbishop which is available on the DES website.

A MAC Director can resign at any time so long as at least three MAC Directors remain after that resignation.

A MAC Director can be removed by the person or persons who appoint him or her or by the MAC Members.

Where academic standards or the Catholic life in a school are judged by the DES to have fallen unacceptably low, the Archbishop may stipulate that up to four additional Directors, who will all be either officers of the DES or DES Associates, will be appointed.

A MAC Director is disqualified automatically if he or she:

• Is not yet 16.

• Becomes incapable because of illness or injury of managing his or her own affairs.

• Has not given the necessary Undertaking to the Archbishop before they commence any MAC Director duties.

• Cannot provide a Disclosure and Barring Service certificate at an enhanced disclosure level which is clear or, in the opinion of the DES, Chair of the Board or CEO, contains no information which confirms the unsuitability of that person to be a MAC Director.

• Meets any of the circumstances for disqualification outlined in the Articles which should also be checked where one of the following comes to light in relation to a MAC Director who:

  • Has been convicted of any offence involving dishonesty or deception.

  • Has been convicted of another crime which is not a “spent” crime in accordance with the Rehabilitation of Offenders Act 1974 (as amended) or one for which the maximum sentence is a fine or a lesser sentence.

  • Has been made bankrupt.

  • Has made a composition or arrangement with, or granted a trust deed for, creditors and has not been discharged in respect of it.

  • Has been removed from the office of charity trustee or trustee for a charity by an order made on the ground of any misconduct or mismanagement in the administration of the charity.

  • Has been disqualified from acting as a company director.

  • Is absent without the permission of the Chair of the Board from all of its meetings for six months and the Board passes a resolution that the person should no longer be a Director.

The LGB is a committee of the Board of Directors which is established with its own Terms of Reference.  Those serving as Governors are accountable to the Directors and will be responsible for:

• Upholding the Catholic nature of the school.

• Ensuring clarity of vision and strategic direction of the school.

• Overseeing the financial and educational performance of the school and ensuring that money for which the LGB is responsible is well spent.

• Holding the school leadership to account for the educational performance of the school and its pupils, and for the performance management of staff.

• Ensuring that the school operates in accordance with the policies and procedures of the MAC.

• Engaging with pupils, staff, parents, local parishes and the school community to understand their views of the school.  It is essential that links with the school's parish(es) are established, maintained and strengthened.

Foundation Governors, appointed by the Archbishop, in addition to the above general principles have additional responsibilities that they must undertake, namely:

• To be a practising Catholic in full communion with the See of Rome, and not the subject of any canonical censure or penalty. 

• To understand that their appointment places a statutory duty upon them to ensure that the religious character of the school is preserved and developed and that the school is conducted in accordance with the provisions of the Archdiocesan Trust Deed.

• To understand that their appointment requires them to comply with the provisions of Canon Law, the teachings of the Catholic Church and such determinations made by the Archbishop and his Trustees and their agent, the Diocesan Education Service, in respect of the school or other schools situated in the Archdiocese.

• There must be at least three Governors in post at all times.  

• The LGB will appoint a Chair and Vice Chair from amongst its Foundation Governors on an annual basis.
  
  

The LGB shall have the following Governors:

• At least six Foundation Governors.  One of the Foundation Governor positions must be made available to a priest.  Employees of the school are not eligible for appointment as Foundation Governors.

• One Staff Governor.  Unless the MAC Directors agree otherwise, the LGB should invite nominations from all staff (teaching and non-teaching) employed under a contract of employment (except the Principal) or a contract for services.  If more than one person is nominated the LGB should hold an election by secret ballot of all staff.

• Two Parent Governors.  Unless the MAC Directors agree otherwise, the LGB should invite nominations from all parents of pupils registered at the school.  However, any parent who is an elected member of the local authority or employed to work at the school for more than 500 hours in any twelve consecutive months is not eligible to be a Parent Governor.  If more nominations are received than posts vacant the LGB should hold an election by secret ballot of all parents of pupils registered at the school.

• The Principal, who is always a Governor.  This position should be held by the "first in charge" in the school.  If the school has an executive leadership structure, then the Executive Principal would normally hold this position unless alternative formal arrangements have been made for the Head of School to hold the position instead.

• So long as there is still a majority of two Foundation Governors in post, the LGB may co-opt up to two Governors. A Co-opted Governor is a person who is to serve as a Governor who has not been either elected or appointed. A member of staff may not be co-opted if that would make the number of Staff Governors exceed one third of the number of Governors.

• All Governors who are not Foundation Governors must, before they commence any Governor duties, sign and return to the DES the Undertaking to the Archbishop which is available on the DES website.

• A Governor may resign by written notice to the LGB but that notice of resignation will not be effective if it would leave less than three Governors on the LGB.  On receipt of the notice of resignation, the LGB will inform the MAC Directors and the DES of the resignation.

• A Governor can be suspended or removed by the person or person who appointed him or her.  A person (except for a Foundation Governor) may also be suspended or removed by the MAC Directors but only after the MAC Directors have given due regard to any representations made by the LGB.

• A Staff Governor shall cease to be a Governor when he or she leaves the school.

• A Parent Governor shall cease to be a Governor at the end of the school term during which he or she ceases to be a parent of a registered pupil at the school.

A Governor is disqualified automatically if he or she:

• Is not yet 18.

• Becomes incapable of managing his or her own affairs.

• Has not provided to the Chair of the LGB an enhanced Disclosure and Barring Service check and/or such other check as may be required from Governors from time to time by the DES.  If the result of that check discloses any information which would in the opinion of either the Chair of the LGB 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.

• Is absent without the permission of the Chair of the LGB from all of its meetings for six months and the LGB passes a resolution that the person should no longer be a Governor.

• If an application for a bankruptcy order or a petition for a bankruptcy order or a bankruptcy order is made against them.

• Would be disqualified from acting as a company director or as a charity trustee.

• Has been removed as a trustee for a charity by an order made by the Charity Commission or the High Court.

• Is included in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999.

• Is disqualified form working with children in accordance with section 35 of the Criminal Justice and Court Services Act 2000.

• Is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006).

• Has had a direction made against them under section 142 of the Education Act 2002 or are subject to any prohibition or restriction which takes effect as if contained in such a direction.

• 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 the offence would disqualify them from acting as a charity trustee.

• Where a person becomes disqualified from being a Governor and he or she was serving or was proposed to serve, they shall immediately inform the LGB who shall inform the MAC Directors and the DES.  This provision also applies to any member of any committee of the LGB who is not a Governor.

• The quorum for a meeting of the LGB, and any vote on any matter shall be three Governors, or, where greater, one third (rounded up to a whole number) of the total number of Governors holding office at the date of the meeting. In the event that, at a meeting of the LGB, Foundation governors are in the minority, no decisions may be taken at that meeting and the meeting adjourned, rearranged and held within 20 school days.