Question
Can I be held personally liable for any actions I undertake as a school governor?
Answer
In a case of wrongful dismissal, which essentially means that the employer is dismissing the employee in a way which breaches the employment contract, the correct respondent will be the governing body. Governing bodies of all schools, including Community, Voluntary Controlled and Special schools are legally responsible for all employment decisions, including appointments and dismissals.
However, if there is also an allegation of discrimination or harassment then it is possible for the complainant to name an individual within the employing organisation as a respondent, alleging that another person has committed an act of discrimination or harassment against them that is unlawful by virtue of the provisions relating to employment in the appropriate discrimination Acts.
The principal or employer, i.e., the governing body, will also be treated as having committed the unlawful act, provided it was done by the employer “in the course of employment”. It would be unusual for an individual Chair to be named as respondent without also naming the governing body as co-respondent. Essentially, each case will turn on its own facts.
Governors' Liability
If someone acts responsibly, in good faith, and within their powers, being a governor will not attract personal responsibility. It is the governing body, as a corporate body, which will be held responsible.
Decisions taken by governors acting with delegated authority, either by individual governors such as the chair, or by committees of governors are regarded as decisions taken on behalf of the corporate governing body.
Governing bodies are established by law as corporate bodies. They act as a single entity with an identity separate from that of its members. Responsibility for actions and decisions, therefore, lies with the whole governing body rather than individual members.
Insurance
A governing body as a whole needs to be insured. The LA will normally pay from central funds for insurance to cover the governing body’s liability for negligence in carrying out their responsibilities.
However, authorities may instead include funding for this in schools’ delegated budgets; in any event a school can request delegated funding insurance. In this case, governing bodies will need to get appropriate cover, either by `buying-in’ to a policy arranged by the LA or by making separate arrangements.
If governing bodies make their own arrangements, the LA can check that the arrangements are adequate, and if they believe they are not, can charge the cost of an additional insurance to the delegated budget.
This guidance was last updated in September 2011.
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