Scheme of Delegation - Part 1

The Full Trust Board

 The Trust Board needs to take a strategic role, act as a critical friend to the School and be accountable for its decisions, is should set aims and objectives and agree, monitor and review policies, targets and priorities.

Terms of reference:

• To agree constitutional matters* including procedures where the Trust Board has discretion.
• To recruit new members as vacancies arise and to appoint new trustees* where appropriate.
• To hold at least three Trust Board meetings a year*
• To appoint or remove the Chair and Vice Chair*
• To appoint or remove a Clerk to the Trust Board*
• On any occasion that the Clerk is not independent, the Chair/Vice Chair can ask the clerk to leave the meeting and any other member of the Trust Board may minute the meeting.
• To establish the committees of the Trust Board and their terms of reference*
• To appoint or remove Clerk to each committee*
• To suspend a trustee*
• To decide which functions of the Trust Board will be delegated to committees, groups and individuals*
• To receive reports from any individual or committee to whom a decision has been delegated and to consider whether any further action by the Trust Board is necessary*
• to keep the Health and Safety Policy and its practice under review to make revisions where appropriate.
• To review the delegation arrangements annually*

Membership – as below:

Disqualification – as per Regulation 20 and Schedule 6 of the Constitution Regulations

These terms of reference agreed by the Trust Board September 2020

The Committees

Role of the Committee

• Sharing the load.
• Using the expertise of Trustees to deal with specific subject areas.
• Releasing the full Board of Trustees for policy making.
• Making it easier for all Trustees to make a contribution.

What Decisions can be made?

Committees are given delegated powers to undertake work and make decisions on the behalf of the Board of Trustees.  The Board of Trustees still has the final responsibility for any decision taken by its Committees.  Those decisions must be reported to the Board of Trustees at its next meeting.  This would normally be done by the way of presenting minutes, which set out the points discussed and the Committees decisions/recommendations.

The Chair of the Committee has no power to make decisions without reference to the Committee itself. Only the Chair of the Board of Trustees, acting with the authority of the Body, can act in an emergency when it is not practical to convene a meeting.

Review of Performance

Governing Bodies must review the working of their Committees on an annual basis, under normal circumstances this will be at the termly meeting in the Autumn Term.

Delegation of Functions

The Board of Trustees can NOT delegate the following functions:

• Constitution of the Board of Trustees (unless otherwise allowed by the Constitution Regulations).
• Appointment or removal of the Chair and Vice Chair.
• Appointment of the Clerk to the Board of Trustees.
• Suspension of Trustees.
• Delegation of Board of Trustees functions.
• Establishment of Board of Trustees committees.

The Board of Trustees can NOT delegate the following functions to an individual:

• Alteration or closure or change of category of schools.
• Review of Exclusion of pupils (unless in an emergency).
• Approval of the school budget.
• Discipline policies and admissions.

Committee meetings must be carried out according to rules similar to those which apply to Board of Trustees meetings. For example, Committee members are entitled to seven days written notice of a meeting and its agenda. Minutes of all Committee meetings must be kept, including the names of those present and then forwarded to the next meeting of the Board of Trustees.

The Committees, their terms of reference, composition and membership, are attached.

TIMBERLEY ACADEMY TRUST - Common Conventions for All Committees

How and when to report back to Board of Trustees

Minutes to be presented to the next appropriate meeting of the full Board of Trustees. The Committee Chairman will report to the Board of Trustees.

Meetings to be called, agenda prepared, minutes taken

Meetings to be convened by the Headteacher in consultation with the Chair of the Committee and the Clerk to the Trustees.

Agenda to be prepared by the Clerk to the Trustees and distributed together with any supporting papers.

Minutes to be taken by the Clerk to the Trustees.

Chairperson appointed

The Chair and Vice Chair of the Board of Trustees to be elected at the first meeting of the Committee following the School Trustees annual review of committees.

Frequency of meeting

As determined by statutory and/or at the request of the Chair of the Committee.

Finance, Audit & Staffing Committee

1.            Membership

The Committee shall consist of 4 Trustees and the Headteacher in a voting capacity.  The committee can ask the Board of Trustees to appoint up to 2 non-voting members with appropriate financial skills.

2.            Quorum

The quorum shall be 3 voting members of which the Headteacher should be one.

1. Meetings

3.1          The committee will meet at least once a term.

3.2          Any additional meetings will be called as necessary; at least 7 days notice must be given when calling a committee meeting.

1. Minutes

• • • •      The Clerk to the Committee is Sandra Heslin.  In the absence of the Clerk the Committee can appoint a member (but not the Headteacher) to act as Clerk to the meeting.

1. Chairing

5.1          The committee shall elect a Chair/Vice Chair annually, usually at the first meeting of the academic year

• • • • • • •      The Chair will be responsible for drawing up the agenda and getting it    
          •      sent out to committee members at least 7 days in advance.

5.3          In the absence of the appointed Chair the Committee can appoint a member to act as Chair for the meeting

1. Reporting to the Board of Trustees

6.1          The Chair will report to the full Board of Trustees on main decisions taken   and any recommendations that the Board of Trustees needs to vote on.

1. Areas of responsibility

7.1          The committee will be responsible for the preparation.  It will establish formal procedures and timetables for planning the budget and will require the Headteacher to produce estimates of expenditure and income sufficiently in advance of each financial year, even if the details of the school's funding have not been finalised, so it can determine priorities in accordance with the School Improvement Plan.

7.2          It is the responsibility of the committee, in preparing the Draft Annual Budget, to work within the indicative budget, for the forthcoming year and for it to indicate clearly any use that it is proposing to make of contingency reserves, so that where appropriate, the Board of Trustees is fully informed of the final decision.

7.3          The committee will receive budget reports, termly from the Business Manager, from Sage and from the Headteacher, for consideration, prior to them being reported to the Board of Trustees.

7.4          The committee will give the Headteacher responsibility for administration of the budget and its day-to-day control and monitoring.
 

7.5          The Committee, with the Headteacher, will assess at least once a year, financial progress towards achieving the objectives in the School Development Plan and, consistent with this aim, will review projected expenditure for future years in accordance with the School Development Plan, working wherever possible on a three year rolling programme.

7.6          Review the financial implications on the budget of the Teachers Pay and Conditions document.

7.7          Receive the annual accounts and certificate of audit of the school fund and other voluntary funds held within the school.

7.8          Assess the school's insurance cover to ensure that it provides adequate protection against risks.

1. 1.         Review and approve the amount of petty cash to be held by the school.

1. 1.         Review annually all current school contracts.

1. 1.       The approval of the Committee is required for the writing off or disposal of     

             any surplus stock.

1. 1.       Ensure the withdrawal of the individual if she/he has a business, pecuniary or    

      personal interest in the business of the Committee.

1. 1.        The Committee will be responsible for the arrangements for the appointment,     

       termination and promotion of staff (other than Headteacher/Vice Headteacher, where     

      special arrangements apply).

7.10        Review and recommend for adoption the procedures for staff discipline, grievance and redundancy and ensure that all staff are aware of them.

1. 1.      Consider applications from staff for secondments, leave of absence, early      

     retirement and extension of sick pay.

1. 1.       Review and determine the staffing structure of the school to ensure that it    

     meets the requirement of the Curriculum and is in line with the SDP.

1. 1.      Carry out an annual audit and review of staffing including a review of staff 

     numbers, salaries, scales and allowances for all staff members.

1. 1.      Draft criteria for approval on the use of discretionary elements of pay and  

     make recommendations to the Board of Trustees.

1. 1.      Prepare staffing forecasts for the next and subsequent financial years for the

     next and subsequent years for the Finance, Audit & Staffing Committee

1. 1.      Ensure that the arrangements for staff appraisal are adhered to.

1. 1.      Consult with staff and advise the Board of Trustees on all matters of personnel

             policy.

1. 1.      Agree to undertake relevant training to keep up to date with National and   

     local trends and policies

Curriculum & Assessment Committee

1. Membership

The membership shall be 4 Trustees plus the Headteacher.  The Committee members can ask the Board of Trustees to appoint up to 2 non-voting members with appropriate curriculum skills.

1. Quorom

The quorum shall be 3 Trustees.

1. Meetings

The Committee will meet when  required and will hold at least one meeting per school year, 7 days notice must be given.

1. Minutes
   1. 1. 1. 1. minutes will be taken on rotation by the members excluding the Chair.
   2. minutes shall be sent to the Clerk for typing and distribution to all Trustees.
      1. 1. 1. 1. minutes of this committee maybe withheld until the end of an Appeals  Procedure in order to avoid prejudicing a vote.
2. Chairing
   1. the Committee shall elect a Chair/Vice Chair annually.
   2. The Chair will be responsible for drawing-up the agenda and getting it sent out to committee members at least 7 days in advance.
3. Reporting to Board of Trustees

• The Chair will report to the full Board of Trustees on main decisions taken and any recommendations which the Board of Trustees needs to vote on.

1. Areas of responsibility
   1. the committee will advise and recommend to the Board of Trustees on the School’s Curriculum statements and their statutory duties regarding the National Curriculum and its assessment arrangements.  It is the responsibility of the Committee to ensure that the work undertaken in school meets requirements.
   2. The Committee will scrutinise assessment data provided by the Headteacher to ensure the Trustees have a thorough up to date knowledge of pupil progress.
   3. the Committee will monitor and review the school development plan and advise and recommend to the Board of Trustees the priorities and targets set.
   4. Make recommendations to the Board of Trustees on the arrangements for collective workshop and the provision of religious education.
   5. Review the policy and provision of sex education and make recommendations.
   6. Approve a curriculum policy for the provision for pupils with special needs.
   7. Review other curriculum policies as appropriate.
   8. Consider complaints relating to the curriculum and advise the Board of Trustees when such a situation has occurred.
   9. Approve off-site visits and activities of more than 24 hours which involve a hazardous pursuit or journey by air or sea.
   10. Review the information about school performance required under the Parents’ Charter.
   11. Agree to undertake relevant training to keep up-to-date with national and local trends and policies.

Premises Committee

Membership

The membership shall be 4 Trustees plus the Headteacher in a voting capacity. 

Quorum

The quorum shall be 3 Trustees.

Meetings

The Committee will  meet as and when required at least once per school year.   Any additional meetings will be called as necessary; at least 7 days notice must be given when calling a committee meeting.

Minutes

• The minutes will be taken on rotation by the members excluding the Chair.
• The minutes shall be sent to the Clerk for typing and distribution to all Trustees.
• The minutes of this committee maybe withheld until the end of an Appeals procedure in order to avoid prejudicing a vote.

Chairing

• The Committee shall elect a Chair/Vice Chair annually.
• The Chair will be responsible for drawing up the agenda and getting it sent out to committee members at least 7 days in advance.

Reporting to G.B.

• The Chair will report to the full Board of Trustees on main decisions taken and any recommendations which the Board of Trustees needs to vote on.

Area of responsibility

• Arrange for annual inspection of all grounds, premises and equipment and the preparation of a report on their condition for consideration by the Board of Trustees.
• Make recommendations to the Board of Trustees on major  capital works and long term building projects.
• Approve arrangements for minor works, repairs, maintenance and redecoration up to the agreed delegation limit.
• Approve arrangements and charges for the letting of school premises and the use of the premises outside normal school hours in accordance with the Academy’s Letting Policy, within the limits set by the Board of Trustees.
• Consider the Academy’s health and safety manual monitored by Judicium and  prepare, for the approval of the Board of Trustees, a health and safety policy.
• Monitor compliance with the health and safety at work act, all current Health and Safety regulations and Trustees responsibilities under the Environmental Protection Act 1990 relating to litter and refuse.
• Ensure that all staff receive appropriate information and training so that they
• Prepare suitable risk assessments and action is taken to minimise risk;
• Monitor the accident/incident records within the school;
• Monitor fire safety measure including alarm systems and fire drills
• The Committee is responsible for monitoring the security of the school premises.
• Agree to undertake relevant training to keep up to date with national and local trends and policies.

Discipline,  Appeals & Complaint Committee

Discipline & Complaints

The Committee shall consist of no fewer than 3 Trustees, none of which can be employed by the Academy.

The Committee shall have such co-opted non-voting members as the Board of Trustees shall appoint.  The committee may make recommendations for these appointments.

Quorum

The quorum shall be 3 Trustees.  The Headteacher may exercise the right to attend to give advice.

Meetings

The committee shall meet as required.  The Trustees will be notified when it has been necessary to convene a meeting. To consider and make any initial decisions about the discipline of both staff and pupils when necessary.

In respect of a complaint, the Trustees are to hear individual complaints and make recommendations on policy as a result of complaints.

The Panel can:

• Dismiss the complaint in whole or in part;
• Uphold the complaint in whole or in part;
• Decide on the appropriate action to be taken to resolve the complaint;
• Recommend changes to the school’s systems or procedures to ensure that problems of a similar nature do not recur.

Appeals Panel

Membership

The Committee shall consist of no fewer than 3 Trustees, none of which can by employed by the Academy and have not taken part in the prior Disciplinary meeting.

The Committee shall have such co-opted non-voting members as the Board of Trustees shall appoint.  The committee may make recommendations for these appointments.

Quorum

The quorum shall be 3 Trustees.  The Headteacher may exercise the right to attend to give advice.

Meetings

The committee shall meet as required.  The Trustees shall be informed and consulted whenever it is necessary to convene a meeting.

Terms of reference.

To consider and decide on any appeals against decisions of the Discipline and Exclusion panel in accordance with Timberley Academy procedures.

Link Trustees & Committee Membership

Board of Trustees of Timberley Academy 2020-21

Chair of Trustees –  Rosalind Clackett

Vice Chair –  Marilyn Jones

SEN Trustee –  Marilyn Jones

Staff Representatives – Mandy Walker (support) and Jess Masters (teachers)

Safeguarding – Sally Simpson

Pupil Premium – Carol Harris

Science – Rosalind Clackett

H&S – Marilyn Jones

GDPR – Rosalind Clackett

Nursery Trustee – Carol Harris

Reception Trustee – Rosalind Clackett

Year 1 Trustee – Mandy Walker

Year 2 Trustee – Charlotte McLaughlin

Year 3 Trustee – Kelly Edwards

Year 4 Trustee –Sally Simpson

Year 5 Trustee – Marilyn Jones

Year 6 Trustee – Lisa Thomas

Finance, Audit & Staffing

Rosalind Clackett

Carol Harris

Marilyn Jones

Catherine Harris

Vacancy

Premises

Rebecca Hayes

Charlotte McLaughlin

Jessica Masters

Catherine Harris

Kelly Edwards

Curriculum

Catherine Harris

Carol Harris

Rosalind Clackett

Jess Masters

Disciplinary (Staff & Child)

Lisa Thomas

Sally Simpson

Marilyn Jones

Appeals (Staff & Child)

Carol Harris

Rosalind Clackett

Vacancy

Complaints

Rosalind Clackett

Kelly Edwards

Sally Simpson

Trustees:

Rosalind Clackett

Kelly Edwards

Carol Harris

Catherine Harris

Rebecca Hays

Marilyn Jones

Jessica Masters

Charlotte McLaughlin

Sally Simpson

Lisa Thomas

Mandy Walker

Vacancy - community

Headteacher’s Delegation Statement

As at 1 September 2019 Timberley Academy Trust formally appointed the Headteacher, Catherine Harris as Accounting Officer.  The Board of Trustees formally delegated the day to day financial management of the budget and the responsibilities of the Accounting Officer to the Headteacher of Timberley Academy Trust.

In accordance with the current Academies Financial Handbook the responsibilities of the Accounting Officer

are listed below:

1.0 RESPONSIBILITIES OF THE HEADTEACHER IN THE ROLE OF ACCOUNTING OFFICER

1.1          The Accounting Officer (i.e. Headteacher) has responsibility, under the board of the Academy Trust’s (AT) guidance, for the overall organisation, management, and staffing and for its procedures in financialand other matters, including conduct and discipline.

1.2          The Accounting Officer is personally responsible to Parliament and to the accounting officer of the ESFA for the resources under their control. The essence of the role is a personal responsibility for the propriety and regularity of the public finances for which they are answerable; for the keeping of proper accounts; for prudent and economical administration; for the avoidance of waste and extravagance; for ensuring value for money; and for the efficient and effective use of all the resources in their charge. Essentially accounting officers must be able to assure Parliament and the public of high standards of probity in the management of public funds.

1.3          The Accounting Officer must advise the board of trustees in writing if, at any time, in his or her opinion, any action or policy under consideration by the Board of Trustees is incompatible with the terms of the Handbook or FA. Similarly, the Accounting Officer must advise the board in writing if the board appears to be failing to act where required to do so by the terms and conditions of the Handbook or FA.

1.4          Where the board of trustees is minded to proceed, despite the advice of the Accounting Officer, the accounting officer must consider the reasons the board gives for its decision. If, after considering the reasons given by the board, the accounting officer still considers that the action proposed by the board is in breach of the Handbook or FA, the accounting officer must advise in writing the ESFA’s accounting officer of the position.

1.5          More detailed guidance on the role of an accounting officer is set out in Chapter 3 of HM Treasury’s Managing Public Money. HM Treasury's handbook, Regularity, Propriety and Value for Money describes what these concepts mean in a financial context.  (The ESFA’s accounting officer will send a letter annually to all AT accounting officers, with updates for new Accounting Officers, setting out their key responsibilities and highlighting any changes from previous years.)

1.6          The AT accounting officer, under the guidance of the board, must ensure that there is appropriate oversight of financial transactions. In doing so, they must:

• ensure that bank accounts, financial systems and financial records are operated by more than one person;
• ensure that all the AT’s property is under the control of the trustees, and that measures are in place to prevent losses or misuse;
• keep full and accurate accounting records; and prepare accruals accounts, giving a true and fair view of the AT’s incoming resources and application of resources during the year, and the state of affairs at the year‐end, in accordance with existing accounting standards.

1.7          The Accounting Officer is personally responsible to the board, and through it to the Secretary of State and Parliament, for:

• ensuring regularity and propriety;
• ensuring prudent and economical administration;
• avoiding waste and extravagance;
• securing value for money though the efficient, effective and economic use of available resources; and
• the day to day organisation, staffing and management of the AT.

(Further guidance on these responsibilities is set out in HM Treasury’s “Managing Public Money”).

1.8          The accounting officer of the ESFA is required to provide assurance that the bodies that the ESFA funds on behalf of the Secretary of State are in sound financial health. For this reason, the AT must submit to the ESFA a copy of that final budget in a form specified by the ESFA by a date to be notified.

1.9          The AT’s accounting officer is required to complete and sign a short statement each year explaining how the AT has secured value for money. Both the accounting officer’s statement and its annex on value for money will form part of the annual report accompanying the AT’s accounts and so must be sent to the ESFA and published on the AT’s website.

Accounting Officer’s Statement

An accounting officer’s statement on governance, regularity, propriety and compliance must be included in the AT’s annual report. This is a formal declaration by the AT’s accounting officer that they have met their personal responsibilities to Parliament for the resources under their control during the year. It includes a responsibility to ensure that public money is spent for the purposes intended by Parliament (regularity) and a responsibility to ensure that appropriate standards of conduct, behaviour and corporate governance are maintained when applying the funds under their control (propriety), a responsibility to ensure good value for money and for the efficient and effective use of all the resources in their charge. The accounting officer also has a responsibility to advise the Board of Trustees and the ESFA of any instances of irregularity or impropriety, or non‐compliance with the terms of the AT’s funding agreement. The format of the statement is included within the Accounts Direction which is issued annually.

2.0 RESPONSIBILITIES OF THE HEADTEACHER IN THE DAY TO DAY FINANCIAL MANAGEMENT OF THE BUDGET

2.1         The Headteacher will prepare (by reference to the School Improvement Plan) and submit an annual Budget Plan to the Finance, Audit & Staffing Committee for submission to Full Board of Trustees for approval during the Summer Term. If final budget funding notification from ESFA is awaited, a draft budget will be prepared for approval, to be adjusted in the new financial year.

2.2         The Headteacher will ensure that the end of year accounts are prepared, audited and submitted to the

ESFA in accordance with ESFA notified timescales.

2.3         The Headteacher will prepare budget reports for the Finance, Audit & Staffing Committee to be submitted to the Full Board of Trustees for approval termly. The budget reports submitted to the Finance, Audit & Staffing Committee will include relevant system reports i.e. a cost centre group report or equivalent, a full bank reconciliation and cash flow statement. The Headteacher will monitor the expenditure under the control of the Board of Trustees, producing appropriate financial reports to the Finance, Premises and Curriculum

Committee to enable them to make a general report to the Full Board of Trustees at least termly including the following reports from the School’s Management Information System:

• Cost Centre Group Detailed Report or equivalent
• Full Bank Reconciliation
• Year End Balances

2.4         The Headteacher will prepare an annual 3 Year Strategic Financial Plan in line with the Schools Improvement Plan and reflecting the financial and resource consequences for each year including options, where appropriate, for consideration by the Finance, Audit & Staffing Committee.

2.5         The Headteacher may undertake budget revisions up to a value of £15,000 which should be retrospectively reported to the Finance, Audit & Staffing Committee

2.6          The Headteacher will recommend associated budget revisions between £15,001 and £20,000 to the Finance, Audit & Staffing Committee for approval. Should there be emergency requests relating to staff costs the Headteacher may obtain the approval of the Chair of Finance until a Finance, Audit & Staffing Committee meeting can be arrange

2.7         The Headteacher will recommend budget revisions above a value of £20,001 to the full Board of Trustees for approval.

2.8         The Headteacher may adjust cost centre budgets in response to the receipt of additional funding during the year. These adjustments will be reported back to the Finance, Audit & Staffing Committee

3.0 RESPONSIBILITIES OF THE HEADTEACHER IN THE DAY TO DAY FINANCIAL MANAGEMENT OF EXPENDITURE

3.1 The Headteacher can authorise orders to a value of £15,000 within the budget provision without reference to the Finance, Audit & Staffing Committee and subject to obtaining quotations for expenditure over £10,000 in accordance with Academy Financial Regulations

3.2 The Headteacher can authorise orders between £15,001 and £20,000 with the prior approval of the Finance, Audit & Staffing Committee if within budget provision and subject to the receipt of three quotations and in accordance with Academy Financial Regulations

3.3 The Headteacher can authorise orders above £20,000 if within budget provision with the prior approval of the Board of Trustees and subject to the receipt of three quotations and in accordance with Academy Financial Regulations

3.4 The Headteacher may incur cumulative expenditure with suppliers, up to £15,000, if within budget provision, without prior reference to the Finance, Audit & Staffing Committee. This is subject to obtaining quotations for cumulative expenditure of £10,000 or more in accordance with Academy Financial Regulations. If the cheapest supplier is not selected a written justification should be presented to the Finance, Audit & Staffing Committee requesting authorisation which if given should be documented within the minutes of the meeting.

3.5 The Headteacher should provide a report at each Finance, Audit & Staffing Committee meeting to show cumulative expenditure with suppliers in excess of £15,000.

3.6 The Headteacher may in exceptional circumstances request written authorisation with regard to cumulative expenditure in excess of £15,000, which must be recorded in the relevant minutes. Best Value should still apply.

4.0 ASSETS

4.1 The Headteacher will maintain an inventory record in accordance with the current Financial Regulations

4.2 The Headteacher will propose the write off or dispose of assets within the limits as specified in the ESFA Academies Financial Handbook, to the Finance, Audit & Staffing Committee for consideration. All events to be reported to the Full Board of Trustees at the next meeting

5.0 OTHER

5.1 The Headteacher will maintain and develop adequate financial systems and records to protect the academy assets. The Headteacher will make recommendations to the Finance, Audit & Staffing Committee for the improvement of financial systems and records where appropriate.

5.2 The Headteacher will report and make recommendations to the Finance, Audit & Staffing Committee on any changes to the current ESFA Academy Accounting Handbook with regard to Academy Financial Regulations

NB THIS DELEGATION STATEMENT WILL BE REVIEWED AND UPDATED BY THE FINANCE, AUDIT & STAFFING COMMITTEE OR FULL BOARD OF TRUSTEES ON AN ANNUAL BASIS.

Agreed as a true record of the decisions of the Board of Trustees:-

Signed:-  ……………R Clacket……………………………………. (Chair of the Board of Trustees)

Dated:-   .…………17/9/20……………………………………….

Scheme of Delegation - Part 2