Notes and Explanations

• The MAC Directors are accountable for establishing governance layers across the MAC in any way they choose in order to ensure that the MAC operates in a way that meets its object.

• No MAC Director should also serve on any LGB within the MAC.

• The MAC Directors may appoint an LGB for each school. If the MAC Directors wish to appoint a single LGB for a number of schools, they must first consult with the DES.

• Any MAC Director shall be entitled to attend any meeting of the LGB and its committees.

• The MAC Directors delegate powers to a LGB by their adoption of this scheme of delegation.

• The MAC Directors cannot delegate to a committee or any other body:

• The preservation and development of the educational character and mission of the MAC and its schools.

• Approval of the MAC budget.

• Responsibility for ensuring the solvency of the MAC and its schools.

• Appointment of the Clerk.

• The MAC Directors should review the terms of reference and membership of any committee at least once every academic year.

• Each Board of MAC Directors will contain a minimum of three Foundation Directors who are appointed by the Archbishop.  The number of Foundation Directors in post on the Board must always be greater than the number of all other Directors in post, by at least two.

• Foundation Directors are appointed through an application process overseen by the DES.  Application forms must be completed by anyone who wishes to be considered for appointment and a person cannot be deemed to be a Foundation Director until formal confirmation by the DES has been received confirming that the applicant has been appointed and is able to take up the role of Foundation Director.  Application forms are available from the DES website.

• Foundation Directors are appointed and removed by the Archbishop.  The Archbishop may remove or suspend a Director without a reason being given. 

• The term of office for Foundation Directors is four years unless otherwise specified on appointment.

• Each LGB will contain a minimum of six Foundation Governors who are appointed by the Archbishop.  The number of Foundation Governors in post on the Board must always be greater than the number of all other Governors in post, by at least two.

• One of the Foundation Governor positions must be made available to a Priest.  In a Primary School this would normally be the priest of the parish that the school serves.  In a Secondary School this will normally be the priest of one of the parishes of the feeder schools.

• Foundation Governors are appointed through an application process overseen by the DES.  Application forms must be completed by anyone who wishes to be considered for appointment and a person cannot be deemed to be a Foundation Governor until formal confirmation by the DES has been received confirming that the applicant has been appointed and is able to take up the role of Foundation Governor.  Application forms are available from the DES website.

• Foundation Governors can be removed or suspended at any time by the Archbishop without reason being given, through a process overseen by the DES.  Where a removal is proposed, the MAC Directors will be invited to comment before such a removal and the MAC Directors may make a recommendation to the DES for the removal of a Foundation Governor if they feel there is evidence to support this.

• The term of office for Foundation Governors is four years unless otherwise specified on appointment.

• Co-Opted Directors may be appointed by the existing MAC Directors who have not themselves been co-opted.  Before  co-opting a Director, the existing MAC Directors must ensure that after such co-option there will still be a majority of at least two Foundation Directors in post.

• The Board are to consult with the DES on the appointment of Co-Opted Directors.  Before the MAC Board co-opts a Director, the proposed Co-opted Director must complete and submit a Co-Opted Director application form which is available from the DES website.  

• The term of office for Co-Opted Directors is one year but they can be re-appointed subject to approval of the MAC Directors and ensuring that there will still be a majority of at least two Foundation Directors in post.

• Co-opted Directors may be removed at any time by the MAC Directors or the Members.

• Co-Opted Governors may be appointed by the existing Governors who have not themselves been co-opted.  Before  co-opting a Governor, the existing Governors must ensure that after such co-option there will still be a majority of at least two Foundation Governors in post.

• The term of office for Co-Opted Governors is one year but they can be re-appointed subject to LGB approval and ensuring that there will still be a majority of at least two Foundation Governors in post.

• Co-opted Governors may be removed at any time by the LGB or the Board of Directors, having first given due regard to any representations made by the LGB.

•  Any Co-opted Governor whose removal is proposed should be provided with written details of the case against them, including details of how their case will be handled and the timeframes involved.

• A Staff or Parent Governor may be suspended or removed by the MAC Directors.  The governors may make a recommendation to the MAC Directors for the removal of a parent or staff governor where that governor has acted contrary to the Code of Conduct in place.

• Any Staff or Parent Governor whose removal is proposed should be provided with written details of the case against them, including details of how their case will be handled and the timeframes involved.

• The MAC Directors will give due regard to any representations made by the LGB and the Governor concerned.

• MAC policies must be put into practice in all individual schools.

• Reviewing and amending any individual school policies taking into account adopted MAC policies. School policies can be changed by the MAC Directors where they do not meet the requirements of the Bishop's Directives or overall MAC policies.

• On behalf of the MAC Directors, the CEO is responsible for ensuring compliance with all safeguarding requirements across the MAC.  This includes compliance with all MAC policies as well as with other external imposed legislative/statutory and regulatory requirements, ensuring the single central record is maintained for all MAC based and cross school appointments, and developing and maintaining quality assurance systems to monitor and evaluate the effectiveness of Safeguarding within the MAC and its schools.

• The MAC Directors have a duty to:

• safeguard and promote the welfare of children

• have regard to any statutory guidance on safeguarding, issued by the Secretary of State

• ensure the suitability of staff, supply staff, volunteers, contractors and proprietors 

• appoint a lead Director for Safeguarding

• The Principal will:

• appoint a designated teacher to support looked after children and to ensure the role is compliant with statutory guidance

• appoint a designated safeguarding lead and clearly identify them and all other qualified safeguarding staff

• The DES will issue instructions and guidance about admissions and admission policies to schools in the Archdiocese of Birmingham.

• In accordance with The School Admissions Code the MAC Directors are the admission authority for each school within the MAC

• The MAC Directors will:

• Delegate the day to day responsibility for admissions within each school to the LGB for that school. 

The LGB:

• will undertake consultation, publish and determine admission arrangements as required in accordance with the School Admissions Code and must follow the protocols and guidance provided by the DES.

• will consider all applications for admission to the school and decide whether or not a place can be offered.  

• ensure that parents are notified of the outcome of that application in line with the School Admissions Code including advising parents of the right to appeal should their application be unsuccessful.

• organise any appeal hearings as required in accordance with the School Admission Appeals Code and following the protocols and guidance provided by the DES.

• Professional advice must be sought as required. Any necessary application for consent or authority should be made to the Diocesan Trustees in accordance with any Diocesan requirements. The Governing Body shall not, without obtaining the prior approval, in writing, of the Trustees make any major structural changes or additions or alterations to any buildings which form part of the School Premises or let or give up or transfer possession or control of the School Premises or any part of the School Premises. Refer to the Occupation of School Premises:  https://www.bdes.org.uk/uploads/7/2/8/5/72851667/occupation_of_premises_document.pdf

• This is to include all assets which can be capitalised.

• All appropriate risk management and H & S training and guidance is provided to undertake this.  

• Ensure the statutory Diocesan annual return is submitted each year.  

• Ensure that the Curriculum of the schools, including all the subjects of the National Curriculum, is taught in the light of the Gospel values and actively promotes the spiritual and moral development of its pupils.

• Ensure that RE is in accordance with the teachings, doctrine, discipline and norms of the Catholic church both as a core subject and integrated into other subject areas.

• Ensure that RE is in accordance with the Bishops' Conference Curriculum Directory and the Archbishop’s Policy and that it constitutes 10% of the curriculum time in the school (5% in sixth form).

• Ensure that the Principal is complying with the requirement to provide a daily collective act of worship in accordance with the rites, practices, disciplines, and liturgical norms of the Catholic church and take action to address any issues as appropriate.

•  Monitor and oversee the quality of teaching and implement any necessary strategies to support the delivery of educational outcomes.  This may be through the appointment of an education standards committee which can be set up by the MAC Directors.

• Determine a curriculum policy for the MAC to ensure the provision of a balanced and broadly based curriculum.  

• Review data provided by all schools relating to pupil premium and sports premium and take action to address any issues as appropriate.

• Ensure training of appropriate staff takes place and legal compliance is met

• Adopt the MAC-wide behaviour policy that incorporates an exclusions policy.

• Review the use of exclusions across the MAC and investigate inconsistencies

• Convene a committee to review any exclusion of a pupil.

• Review the overall pattern of exclusions at the schools and report this to the MAC Directors.

• Exclude a pupil for a fixed term or permanently as appropriate.

• The MAC Directors will have responsibility when considering the appointment of reserved posts, whether permanent or temporary, the MAC Directors must comply with the “Appointing Leaders Handbook" and involve the DES at all stages.  The Appointing Leaders Handbook is available on the DES website.

• LGBs and Principals are not normally involved in the appointment of the MAC's central team including the CEO

• At the invitation of the MAC Directors, LGBs and Principals can be involved in the appointment of school level posts as listed.

• CFO must be qualified in line with the requirements of the Academy Trust Handbook.

• Company Secretary and Clerk to the Board of MAC Directors must be appointed who are both accountable to the Chair of the Board.

• The Board of Directors is responsible for setting the staffing structure of the central team.  Their involvement in the recruitment process will be dependant upon the seniority of the post concerned.

• The MAC Directors will appoint a committee of 3 to consider any case to dismiss holders of reserved posts, whether permanent or temporary.    The Principal may be involved in relation to any reserved post other than their own position.

• The MAC Directors may delegate the dismissal of staff to the CEO/Principal as appropriate.  

• The MAC Directors may delegate the dismissal of executive leaders or members of the central team to the CEO. Where delegation is not granted, a committee of 3 directors shall be appointed. 

• The MAC Directors will appoint a committee of 3 to consider any case to dismiss a CEO.  

• As part of their performance management review all reserved post holders must have a target that focusses on RE and Catholic Life.

• It is the responsibility of the MAC Directors to approve a MAC wide financial scheme of delegation which ensures that the MAC can operate efficiently and effectively.

• This delegation should be reviewed on an annual basis led by the CEO and the central team.

• The MAC Directors are accountable for establishing a framework for internal audit across the MAC.  This will be completed on advice from the CEO and the central team.  Internal audit programme should be guided by the Risk Register, Financial External Audit and other process audits.  The Risk committee of the MAC Directors would lead this process.

• The appointment of internal auditors is the responsibility of the MAC Directors, on advice and guidance from the central team.

• The MAC Directors will approve the balanced financial budget for the MAC prior to submission to the EFSA.  Reference should also be made to the Academies Trusts Handbook regarding setting deficit budgets.

• The Central Finance Team will be responsible for compiling the budget with the leadership of the individual schools.

• As a minimum the MAC must prepare a current year plus 2 forecast for submission to the EFSA.

• The central team are responsible for compiling management accounts on a monthly basis.  These must present a true and fair reflection of the current financial position and, based on current assumptions, the outturn performance for the MAC at the end of the financial year.

• The central team MUST publish accounts which are made available to the Chair for review every month.  The MAC Directors MUST consider these when they meet and be assured of the that it has appropriate oversight of the financial position of the MAC.  

• The LGB will be provided with regular reports on the school’s financial status via the Principal's Report at each LGB meeting.

• The central team is responsible for the day to day management of the cash position.  The MAC must manage its cash position robustly, must avoid becoming overdrawn, and must not breach restrictions on borrowing.

• The MAC Directors MUST approve any investment policy, ensuring that the risks are appropriately managed. 

• Principals are responsible for reporting as required and publishing on individual school websites, their expenditure relating to National Tutoring Programmes, Pupil Premium, PE  and Sports Premium and any other nationally allocated grants in line with published timetables.

• The spend against these funding sources is to be monitored by the LGB.

• Auditors are to be appointed by the MAC Members.  The MAC Directors will ensure (re-) appointment is recommended to the Members on an annual basis.

• MACs should retender their external audit contract at least every 5 years.

• The central team are responsible for compiling the annual report with support from the Directors and the external auditors.

• The MAC Directors approve the accounts before submission to the EFSA and the annual accounts are received by the Members via the DES.

• Conflicts of interest are to be declared by the MAC Directors and any declarations and/or related party transactions will be managed in line with the Academy Trust Handbook.

• The MAC Directors are responsible for ensuring that all insurance requirements are covered.  This will also need to comply with the requirements explicit in the use of assets agreement with the Diocese.

• The MAC central team will advise on the most appropriate route for the insurance provision across the MAC.  Insurance cover will include (but not limited to): Public Liability, Employers Liability, Motor Vehicles and Cybersecurity (where cover can be arranged)

• A central MAC register must be compiled in line with the requirements of the Academy Trust Handbook.  It is the responsibility of the full board to review the risk register regularly, this must be done at least annually.

• Each school must manage a local risk register which is relevant to the school.  This local risk register should also be used to inform the MAC risk register.

• It the responsibility of the Principal, with advice from the central team to create a risk register for the school which the LGB will monitor on a regular basis.