Post on 22-Jan-2022
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Inspire Education Trust
Scheme of Delegation 2020
Inspire is the Employer and Educator of choice. Through a first class education you will discover who you are, learn to flourish and live life in all its fullness.
We want to ensure that every child and student is valued and that the unique identity of each school is protected, celebrated and recognised for the contribution it makes to ensuring children have the best education and experiences
Our name “Inspire Education Trust” symbolically reflects the beating heart of our Multi- Academy Trust. Our Trust is a community of schools that have shared values and share an essential common ethos and vision for education and learning, as encapsulated in our values. In all schools across the Trust we show respect towards those of other faiths and beliefs. The Christian faith is also central to the life and work of our Church of England Schools’
In our school communities, we aim to create an atmosphere of trust and understanding in which the sanctity of the individual is cherished and where the children and adults show consideration, courtesy and respect for each other at all times.
Valuing the individuality and ethos of each school
We promote the sharing of excellence and capacity and to support each school in maintaining its own identity and ethos. Every Local Governing Body may issue its own ethos statement and the Board of Directors, CEO and Executive Leadership Group within the Trust will be mindful of the importance of each school retaining its own identity.
This Scheme of Delegation is granted to schools by the Board of Directors. The Directors will withdraw this delegation or part of it if there is significant concern supported by robust data around the actual or predicated outcome for pupils, the safety and welfare of pupils or the financial stability of the School.
The Board of Directors
The Board of Directors is the statutory Governing Body for all schools within the Trust but will delegate according to the provisions set out in the Trust Articles and this Scheme of Delegation. Only the Board of Trustees can take decisions on the delegation of powers, including the establishment of Local Governing Bodies or committees and the approval of Terms of Reference. The appointment of governors (with the exception of elected parent or staff governors and Diocesan/Foundation representatives on Church School Local Governing Bodies) will be made by the Board of Trustees on the recommendation of the Local Governing Body. The Board of Directors will also review the terms of reference, constitution and membership of any Local Governing Body, committee or sub-committee annually.
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Local Governing Bodies
The Board of Directors will establish a Local Governing Body in each school. The Local Governing Body is empowered, as a Committee of the Board of Directors, to act and exercise the powers and responsibilities set out in this scheme of Delegation and in its Terms of Reference. The committee structure of the local governing bodies may include sub-committees. The Local Governing Body may also review the establishment, Terms of Reference, constitution and membership of any committee or sub-committee annually. Each committee must have a chair, who is either appointed by the Local Governing Body or elected by the committee. Neither the Board of Directors nor any committee with delegated powers of governance may contain more than one third members who are employed by the Trust.
Chairs Development Group
The Chair of the Local Governing Body (or nominee) of each school together with the Executive Leadership Group and Chair of the Trustees will form an advisory group to be consulted by and make recommendations to the Board of Directors.
Matters which cannot be completely delegated
There are some roles, decisions and powers on which the Board of Directors must retain the final say:
The Board of Directors is the employer of all staff and therefore is the final appeal body in most matters of pay and staff discipline;
The Board of Directors is the admissions authority for all schools in the Trust;
The Board of Directors will agree the final budget for each school.
The Board of Directors may delegate such authority as it deems appropriate to a Local Governing Body but the Board of Directors remains collectively and personally responsible for every decision made by a Local Governing Body.
Consequently, the Trust will not:
(a) restrict its own ability to withdraw such delegation at any time, with or without notice; or
(b) delegate authority to a Local Governing Body to:
set a budget without the approval of the Board of Trustees;
appoint or remove a headteacher (though the Local Governing Body will always be consulted and will lead an appointment process);
act in a way inconsistent with any of the Trust’s published policies and procedures
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Inspire Education Trust
Scheme of Delegation 2020-2021
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1. Governance 1. Determine the objects of the Company
2. Approve Deed of Variation and Articles
3. Determine company policies and ethos
4. Ensure that appropriate indemnity insurance is in place to cover the liability of Directors
5. Determine expenses policy for Directors
6. Establish subsidiary companies to carry on any trade or business for the purpose of raising funds for the Company
7. Ensure that accounts are prepared in accordance with the relevant Statement of Recommended Practice as if the Company was a non-exempt charity and Parts 15 and 16 of the Companies Act 2006 and filed with the Secretary of State and the Principal Regulator each Academy Financial Year
8. Approve Annual Report in accordance with the Statement of Recommended Practice as if the Company was a non-exempt charity and file these with the Secretary of State and the Principal Regulator each Academy Financial Year
9. Comply with obligations under Part 24 of the Charities Act 2006 (or any statutory re- enactment or modification of that Act) with regard to the preparation of an annual return to the Registrar of Companies and in accordance with the Statement of Recommended Practice as if the Company was a non- exempt charity and to the Secretary of State and the Principal Regulator each Academy Financial Year
10. Hold General Meetings in accordance with Articles of Association
11. Determine whether any of Directors’ powers be delegated to a committee, CEO or other holder of executive office
12. Determining the constitution, membership and proceedings of Academy LGB’s
13. Reviewing scheme of delegation
14. Appointment of up to 5 Directors to represent the Trust as set out in Articles of Association
15. Appointment of Chair & Vice Chair of Board of Directors
16. Co-option of up to 2 Directors to the Board
17. Making arrangements for election of Parent Members of Academy LGB’s
18. Power to co-opt and remove such co-opted members of Academy LGB’s
19. Appointment of Clerk to the Directors, Committees and Academy LGB’s
20. Appoint Chair of Committees and Academy LGB’s
21. Power to appoint committees, determine constitution, membership and proceedings of committees
22. Power to disband a LGB (exceptional circumstances)
23. Determine functions and proceedings of Academy LGB’s
24. Annual review of LGB performance
25. Provide training programme for Directors/Trustees/LGB’s
26. Ability to give views on suitability of appointments to Academy LGB membership (not elected categories)
27. Power to manage the business of the Company and exercise all the powers of the Company
28. Power to expend the funds of the Company in such manner as they shall consider most beneficial for the achievement of the Object (as delegated by the Board)
29. Power to invest in the name of the Company such part of the funds as they may see fit and to direct the sale or transposition of any such investments and to expend the proceeds of any such sale in furtherance of the Object (as delegated by the Boards)
30. Duty to adhere to instructions given by CEO
31. Instituting, settling or compromising any legal proceedings instituted or threatened against the Trust or an Academy or submitting to arbitration or alternative dispute resolution any dispute involving the Trust or an Academy
32. Responding to any investigation or Ofsted visit and issuing direction to Academy LGB’s
33. Consulting with CEO before responding to any investigation or Ofsted visit
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34. Monitoring viability of extended services and community needs (and reporting to Directors accordingly)
35. Holding Academy LGB’s to account for performance of all Trust academies
36. Obligation to ensure high standards overall
Inspire Education Trust
Scheme of Delegation 2020-2021
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2. Education and Curriculum 1. Put systems in place to ensure quality, safety and good practice
2. Schools self-evaluation and quality assurance
3. Responsibility for evaluating, monitoring and challenging standards
4. Collective worship arrangements for school without religious character
5. Setting and reviewing of the curriculum having regard to any views of the Academy LGBs
6. C of E Schools Only Responsible for the distinctive Christian character of the school as defined by the school's foundation, the principles of the Church of England, and the SIAMS process
7. C of E Schools Only Responsible for maintaining and developing the partnership between the school and the church at parish and diocesan level
8. Evaluating, monitoring and challenging implementation of the curriculum
9. Determining school session times
10. Considering formal complaints (stage 2) against CEO Chair
11. Considering formal complaints (stage 2)
12. Considering formal complaints (stage 3)
13. Determination of Published Admission Policy and written consent to changes to admission criteria
14. Application of Admissions Policy
15. Maintain accurate and effective and secure pupil records
16. Evaluate, monitor and challenge pupil attendance
17. Decision to expand any academy
18. Determining or changing the name of an academy
19. Power to exclude pupils (where no statutory Headteacher)
20. Consideration of representations from parents re. exclusions
21. Consideration of fixed term exclusions over 15 days and permanent exclusions
22. Approve school holidays with regard to the view of Academy LGB’s
23. Evaluate, monitor and challenge Learners’ Experiences in one or more academies
24. Approve the Academy Improvement/Development Plans
25. Evaluate, monitor and challenge progress in Academy Improvement/Development Plans
26. Evaluate, monitor and challenge outcomes at each Academy level
27. Consider and monitor outcomes at each Academy level – this includes updates in KPIs in relation to attendance, exclusion, racial incidents, parent/student questionnaires and Academy Improvement Plans
28. Approve Academy SEFs
29. Evaluate, monitor and challenge the SEFs, recognising improvements
30. Evaluate, monitor and challenge progress data for each Academy
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Inspire Education Trust
Scheme of Delegation 2020-2021
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3. Strategy and Leadership 1. Prepare the Trust Strategic Plan and deliver/implement throughout the year
2. Consider, review and approve policies
3. Monitor and evaluate the implementation of the Performance management policy/CDP Policy and their effect/impact on the quality of teaching and learning across the Trust
4. Advising the Trust on Strategic direction, forward planning and quality assurance
5. Overseeing the effectiveness of services provided centrally by the Trust
6. Receive annual report from Improvement Partners for one or more academies
7. Approve evaluation of Trust KPIs and areas for development across the Trust for the next academic year
8. Monitor achievement towards Trust KPIs for all academies throughout the year
Inspire Education Trust
Scheme of Delegation 2020-2021
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4. Premises Management 1. Prepare reports in relation to buildings and facilities
2. Exercise responsibilities for maintenance of the buildings and facilities, having due regard to the safety of the users and the legal responsibilities of the Directors as owners of such
buildings and facilities
3. Receive and consider estate management strategy / plan
4. Determine level of capital investment in buildings and facilities taking account of feedback from Academy LGB’s
5. Disposal or acquisition of land and property
6. Insuring the land and building used by the academies
7. To undertake inspection of academy premises and monitor action plans in line with Trust policies
8. Secure such professional advice as necessary to ensure effective management of estates to ensure suitability and sufficiency of accommodation in line with procurement procedures
9. In conjunction with the Directors contribute to the estate management strategy which will
identify the suitability of building and facilities in light of long term curriculum needs and the need for, and availability of, capital investment
10. Incurring capital expenditure which is provided for within agreed budget in line with financial procedures
11. Determine priorities in relation to capital projects/expenditure
12. Consider applications for hire of premises in accordance with procedures and make recommendation to Directors
13. Hire of premises – consider and ensure such use is in accordance with Trust policies and Trust approved
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Inspire Education Trust
Scheme of Delegation 2020-2021
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5.HR and Employment 1. Determine policies and set pay terms for all academy staff including contracts,
terms and conditions
2. Follow policies for all academy staff including contracts, terms and conditions as set by Directors
3. Adopting HR Policies
4. Power to direct workforce to work across the Trust
5. APPOINTMENTS & STAFFING STRUCTURES
6. Appointment/dismissal of CEO
7. Appointment/dismissal of Headteachers
8. The appointment of a HT at a Trust school should be primarily led by the Chair and members of a Local Governing Body although it must be validated and confirmed by Trustees. LGB to appoint members to sit on the final appointment panel with the CEO and 1 Trustee/Director
9. Appointment/dismissal of HoF and HoO
10. Appointment of teaching and support staff at academy level
11. Determine leadership structure (overall company)
12. Determine staffing within existing resources
13. Determine re-organisation of staffing structure within existing resources
14. Appointment of senior leadership staff
15. Responsibility for the appointment of staff where the exigencies of service delivery (e.g. increased student numbers, individual student need, recognised additional staff workload) demand this
SALARY ISSUES
16. Arrange annual appraisal of Headteachers/all leadership and make recommendations on pay
17. Arrange annual appraisal of Head Office Staff/ and make recommendations on pay
18. Arrange annual appraisal of other academy staff and make recommendations on pay
19. Annual appraisal of CEO and determination of salary
20. Annual determination of salary of Principals and other leadership group staff
21. Annual determination of salary of other employees based on recommendation of Principals
22. Consideration of re-grading claims from support staff (staff in academies)
23. Consideration of re-grading claims from support staff (staff in Head Office, or leadership posts)
24. Consider salary appeals across the Trust
GENERAL
25. Trust CPD Programme – developing implementing an offer of professional development to all staff
26. Consider requests for flexible working/early retirement (academy staff –other than Senior Leadership)
27. Consider requests for flexible working/early retirement (Leadership /Head Office staff)
28. Appeals against Flexible working (academy staff other than Senior Leadership)
29. Appeals against Flexible working (Leadership /Head office staff)
30. Monitoring and receiving reports on staff attendance
31. Consider conflicts Code of Conduct declarations/disclosures
32. In conjunction with the Chair of the Board, authorising of Settlement Agreements – up to
£50,000
33. Authorising of Settlement Agreements of £50,000 or more must have prior approval from the ESFA before any binding settlement offer is made
34. Ensure safeguarding procedures are in place and at least one Director has completed the safer recruitment training
35. Regularly review the Single Central Record (Director with responsibility for Safeguarding)
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36. Maintain accurate, effective and secure employee records
37. To review/realign the Individual School Range
38. To agree and conduct procedures for capability, discipline, grievance, attendance, whistle blowing and staff welfare issues in line with agreed policies
Inspire Education Trust
Scheme of Delegation 2020-2021
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6. Financial Management Procedures 1. Funding Agreement – comply with all obligations including the Schools
Financial Handbook, regulations affecting the Trust including charity law, company law, employment law, Health and Safety
2. As Accounting Officer and CEO, overall accountability and management of the Trust budget as approved by the Board of Directors
3. Ensure that sound and appropriate financial governance are in place
4. Determination of level of central charges to individual academies
5. Maintain proper accounting records including the preparation of income and expenditure reports, cash flow statements and balance sheets
6. Manage the Trust’s cash flow and monitor income and expenditure in accordance with policies determined by the Board
7. Review financial management arrangements and delegation of powers at least annually
8. Prepare and monitor budgets
9. Contribute to the financial priorities
10. Approve Trust budget
11. Monitor individual academy budget
12. Budget holders up the value of £5,000
13. Authorise expenditure between £3,000 but less than £10,000
14. Authorise expenditure up to £50,000
15. Authorise expenditure over £50,000
16. Virements between and within budget headings of up to £50,000
17. Virements in excess of £50,000
18. Ultimate responsibility for ensuring budget is conducted in accordance with requirements
19. Determine use of surpluses
20. Determine and review the Reserves Policy
21. Ensure high standards of probity in the management of public funds in particular securing value for money around expenditure
22. Ensure that funds are spent in accordance with legislation (regularity) and principles of parliamentary control (propriety)
23. Monitoring and ensuring effective use of specific targeted resources e.g. Sports Premium and Pupil Premium
24. Ensure the delivery of annual accounts
25. Overall responsibility for accounts of the company
26. Ensure that financial management accounts are produced
27. Ensure appropriate procedures in place for safeguarding of funds (overall)
28. To inform Directors of need for any unplanned expenditure including input from Academy LGBs
29. Ensure that the Directors are informed of need for any significant unplanned expenditure and options for identifying available funding
30. Responsibility to ensure that adequate financial risk management strategies are in place
31. Ensure that financial risk management strategies are adhered to
32. Receive monitoring reports on individual academy budget
33. Receive regular reports on budgets
34. Determine how CEO’s financial powers will be exercised where the substantive post holder is absent
35. Approval of Annual Financial Statements
36. Determining cost of school meals/extended services
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37. Giving consent to changes to extended services or other activities provided by or through academies
38. Ensure that asset register is in place in line with financial procedures
39. Authorise disposal of equipment in line with financial procedures up to the value of £500
40. Authorise disposal of equipment in line with financial procedures between the value of £500 and £2,500
41. Authorise disposal of equipment in line with financial procedures over the value of £2,500
42. To agree the taking up of any leasehold or tenancy agreements up to a maximum of three years
43. Discretion to write off up to the value of £80 student related debts
44. To agree the writing off of debts and liabilities (except where the prior written consent of the Secretary of State is required) in accordance with the Finance Policy
45. Appoint bankers and approve banking arrangements including authorised signatories
Inspire Education Trust
Scheme of Delegation 2020-2021
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7. Purchasing Goods or Services 1. Determine the internal distribution of capitation between departments within the
academy
2. Approve expenditure of £50,000 or over and authorise orders after formal tenders (in line with Finance Policy)
3. Approve contracts – procurement over £50,000
Inspire Education Trust
Scheme of Delegation 2020-2021
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8. Risk Management / Internal Assurance 1. Ensure that risk management arrangements are in place
2. Responsibility to develop risk management strategies
3. Consider and approve the risk management plans for each academy
4. Agree the internal assurance work programme
5. Consider Internal assurance reports and, when appropriate, advise the Directors of material controls issues
6. Monitor the implementation of agreed recommendations relating to Internal Assurance
reports
7. Advise the Trust on the appointment, reappointment, dismissal and remuneration of the external auditor
8. Establish relevant performance measures and indicators, and to monitor the effectiveness of
the external auditor
9. Review the annual financial statements in the presence of the external auditor, including the auditor's formal opinion, the governance statement, including consideration of the internal control systems effectiveness, risk management statements and any relevant issue raised in the external audit management letter
10. Recommend the annual financial statements to the Board of Directors for approval
11. Review the adequacy of the Trust's Risk Management Policy and procedures and to regularly review the risk register
12. Monitor and implementation of Risk Management
13. Duty to ensure that appropriate risk management systems are in place external (Residential) visits
14. Approval of residential visits, following full risk assessments and sign-off by Heads & H&S Officer
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15. Comply with all Data Protection legislation and good practice, ensuring Trust is GDPR compliant
16. Review the Trust's anti-fraud arrangements
17. Ensure that all allegations of fraud and irregularity are properly followed up and control weaknesses addressed
18. Produce an annual report for the Trust and Accounting Office, which should include advise on the effectiveness of the Trust’s risk management, control and governance processes, and any significant matters arising from the work of the Responsible Office and the external auditor
19. Review the risk register and focus on key risks throughout the year
20. Business Continuity Plan – oversee census data/returns
21. Ensure appropriate framework for risk management plans
22. Keep under review risk management plans – academy level
23. Media and PR - overseeing public relations activities to project the activities of the Schools to the wider community
24. Ensure academy websites are compliant and fit for purpose
25. Ensure the Trust website is compliant and fit for purpose