All new governors must complete a self declaration form to confirm that there are no grounds for them to be ineligible to serve as a governor. Some of the grounds for ineligibility include bankruptcy, being removed by the Charity Commissioners as a charity trustee, being sentenced to custodial sentences of certain duration, being on the list of people barred from working with children and being disqualified for non attendance. For governors seeking election, this will be done when they send in their nomination.
For appointed governors, it is likely that external appointing bodies will require prospective appointees to complete an eligibility self declaration, but this should be checked by the clerk.
It is advisable to ask all potential governors being considered for appointment – in any category – to complete the eligibility self declaration form ahead of the outcome of the appointment process, only successful candidates' paperwork being retained. This will mean there will be no delay in the governor being given a term of office and being able to start.
The governing body may wish to consider requesting proof of identity and proof of address for any governor who is appointed or elected and is not a member of staff.
As soon as the individual has been elected or appointed and has completed an eligibility self-declaration (and provided evidence of identity and address if required) they can be given a term of office.9208
Child protection and safeguarding
Governors of maintained schools are no longer eligible for a full child protection check or a check against the barred lists as the position of governor is not deemed by the Department for Education to be a 'regulated activity'.
Checks will be handled by the new Disclosure and Barring Service (DBS) which united the functions of the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA).
In view of the fact that governors should not normally be asked to undergo a DBS check for their role as a governor, Governing Body Support will no longer require any documentation concerning child protection checks. Governors must still complete the self declaration Form PD/SD at the commencement of each new term of office but these should be retained in school.
Governors of Academies will still require a child protection DBS check because of the requirements of company law.
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