Question
Our Governing Body has a governor who is aggressive in his dealings with staff and threatening in his questioning of other governors. Can we discipline him in some way?
Answer
These sorts of problems are best dealt with in the first instance by the Chair. The Chair should speak directly to the governor concerned From time to time we may all have bad days but aggressive behaviour could be seen as bringing the Governing Body into disrepute and so cannot be tolerated.
There are instances where parent governors, in particular, bring with them some personal issues in respect of their relationship with the school and which may be reflected in their behaviour towards staff and other governors. The Chair should identify any such areas and point out to the Governor that their position on the Governing Body is not to be used to pursue some personal complaint against the staff, school or other governor.
Where Parent governors have a concern as a parent, they are entitled to make their concerns known but only in their role as a parent and through the schools complaints procedure. However, it should be recognised that parent governors are entitled to
privacy (for them and their children) regarding any personal issues they
have raised in good faith as parents.
Where there is no underlying reason for the behaviour the Chair needs to clearly indicate to the governor the unacceptable nature of his or her behaviour and request that the behaviour be moderated. In all cases the Chair of Governors should ensure that the Governing Body's requirement of what is appropriate conduct is conveyed to all Governors.
The Governing Body may find it appropriate to formulate and agree a "Code of Conduct” for members of the Governing Body where aspects of acceptable and unacceptable behaviour can be identified and where remedies for grievances between Governors, Governors and Heads and Governors and staff can be addressed. Such a document once approved can be used to inform all new appointments to the Governing Body of appropriate behaviour and action that could be taken where inappropriate behaviour arises.
Where behaviour continues to be unacceptable the only major sanctions that are available are those of suspension or removal. The governing body can only remove governors they have appointed, such as community and partnership governors or ex-officio foundation governors and sponsor governors (at the request of the nominating body). Elected governors cannot be removed.
Suspension and Removal must not be used as the first sanction against a Governor but as an action of last resort. Where suspension or removal is being contemplated there should be good documented grounds for the proposal which can be given to a governor who is subject to action under the suspension or removal provisions.
In no sense should it be used to simply suppress or prevent a governor or governors from expressing a view that is contrary to the thinking of an individual governor such as the Chair or Head or of the majority, simply because that view is unpopular or considered to be inconvenient.
If inappropriate behaviour occurs in a committee which is affecting the operation of that committee and where the Governor persists in the behaviour in spite of the Chair of the committee and/or Chair of Governors raising concerns directly with the Governor, the Governing Body could remove the Governor from that committee. Committee membership is determined by the Governing Body.
The grounds for suspension are:
a) The governor is paid to work at the school and is subject to employment related disciplinary proceedings;
b) The governor is subject to court or tribunal proceedings, the outcome of which might result in his disqualification as a governor;
c) The governor has acted in a way that is inconsistent with the school's ethos or religious character and has brought or is likely to bring the governing body or his office as a governor into disrepute;
d) The governor is in breach of his duty of confidentiality to the school or to the staff or to the pupils and unreasonable behaviour cannot be tolerated.
If it is deemed necessary to seek the suspension or removal of a Governor the approved procedure must be followed.
The item should be the on Agenda for the Governing Body meeting, circulated at least 7 days in advance of the meeting.
The Governor proposing the Suspension or Removal should state the reasons why they believe suspension or removal is necessary.
The Governor who is the subject of the proposed suspension or removal must be given the opportunity to respond to the proposal. Both the governor proposing the removal and the governor who is the subject of the proposal should withdraw from the meeting and not vote.
If they are not present or are unable to attend, the item should not proceed. A further meeting should be arranged with the requisite 7 days notice. The Governor should then be advised that if they are unable to attend, they may wish to present a written response as the matter will now proceed in their absence.
This guidance was last updated in September 2011.
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