Planner makes levels of delegation clear_1930

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Planner makes levels of delegation clear
The DfES has issued a new version of the Governing Body Decision Planner which it first produced in 2000 as part of guidance clarifying the roles of governing bodies and heads.Once again four levels of delegation are defined and a table shows the level to which a governing body may legally delegate a range of key functions. The 2005 version lists 85 functions – four more than its predecessor. The guidance with the original planner directed governors towards the level at which the government felt it was appropriate for decisions to be taken and suggested that they delegate as many functions as possible to the head. This time round there is a ‘hands off’ approach, reflecting the greater freedom governing bodies have had to carry out their roles and duties since the removal of restrictions by the Education Act 2002. So,[link widoczny dla zalogowanych], instead of suggesting particular roles,[link widoczny dla zalogowanych], the new planner merely defines whether a particular task has to be legally undertaken by the whole governing body or if it can be delegated to a committee, an individual governor or the headteacher. Of the 85 tasks there are 16 that can only be carried out by the full governing body. A further 14 functions can be carried out by the full body or a committee and another 17 can be delegated as far as an individual governor. There are 33 tasks that the governing body is free to choose the level to which it delegates and just five which must be delegated to the head. Two of these are establishing and implementing the curriculum policy,[link widoczny dla zalogowanych], while the others relate to arrangements for collective worship and must still be preceded by consultation with the governing body.Governing Body Decision Planner can be downloaded in Word or PDF formats from the Roles and Responsibilities section at [link widoczny dla zalogowanych] which must be carried out by the full governing bodyStaffing - Headteacher appointments (selection panel) - Deputy appointments (selection panel) Health & Safety - To institute a health and safety policy (except in community and voluntary controlled schools where this would be the responsibility of the local authority) GB procedures - To draw up the instrument of government and any amendments thereafter - To appoint (and remove) the chair and vice chair of a permanent or a temporary governing body - To appoint and dismiss the clerk to the governors - To hold a full governing body meeting at least three times in a school year or a meeting of the temporary governing body as often as may be required - To appoint and remove community or sponsor governors - To set up a register of governors’ business interests - To consider whether or not to exercise delegation of functions to individuals or committees - To regulate the GB procedures (where not set out in law) Federations - To consider forming a federation or joining an existing federation - To consider requests from other schools to join the federation - To leave a federation Extended Schools* - To decide to offer additional activities and to decide what form these should take - To cease providing extended school provision * Although these are tasks that can be delegated, the planner states that the expectation would be that these decisions would be undertaken by the full governing body.
The Court of Appeal pointed out that R and F's submission in the county court was of overt, conscious racism, and it was not prepared to find that there had been unconscious discrimination.The decisionThe Court of Appeal said that, unlike the ordinary civil claim where the judge decides, on the claimant's evidence only, whether the claimant has made out a case, in this case the judge had had the benefit of the whole of the evidence. Despite the school's failure to comply with the statutory requirements, the judge had been entitled to find on the basis of all the evidence that R and F had not proved racial discrimination.

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