A school governor who might be considered to have a special level of knowledge or skill in a field relevant to the school’s life, whether or not to a professional level, should avoid placing themselves in a position in which it could be argued that a potential liability could arise. They should avoid making statements, deriving from their expertise or skills, such that other governors or staff of the school may rely on their skill and judgement as part of making their decision on an issue. They should also stand back from undertaking the performance of tasks on behalf of the Governing Board or taking on the management of an aspect of its affairs.

In effect, governors should avoid becoming directly involved in, or responsible for, matters where, in other circumstances, the Governing Board or school would stand in the same relationship to them as a professional client or customer.

For example, an accountant may chair the Finance sub-committee of the Governing

Board; but should not do the accounts.   An IT professional may oversee a contract for the installation of a new computer system; but should not undertake the installation, nor manage the contract.  This does not mean that governors should not involve themselves in discussion within a Governing Board of a matter on which they may have special knowledge or skills.

To summarise, to avoid the risk of liability, a governor with relevant professional expertise should make clear that any opinion expressed should not be relied upon in legal terms, as opposed to providing general guidance.

Also avoid

• carrying out or supervising activity on behalf of the governing board;
• becoming responsible for carrying out a management activity
• undertaking to carry out a task or service
• warning the Governing Board of potential hazards or problems with a course of action

Appendix 2 - Record of attendance at meetings (Download)

• These principles apply to all members of the governing board including the headteacher and any others in attendance at the meeting, though if a matter is to be voted upon, then only to the members of the governing board.
• The clerk to the governing board will only be required to withdraw when the governing board is discussing the clerk's pay/contract or disciplinary action against the clerk.
• Governors must withdraw when their own appointment, reappointment or removal as a member of the governing board or a committee is under consideration.
• Any governor who is employed to work at the school (other than the headteacher), must withdraw from a meeting where the pay or performance appraisal of any particular person employed to work at the school is under discussion.
• The headteacher must withdraw from any meeting where his/her own pay or performance appraisal is under discussion.
• If a person has any pecuniary interest, direct or indirect in any contract, proposed contract or any other matter under discussion at a meeting s/he shall at the meeting disclose the fact and:
• Withdraw from a meeting during the consideration or discussion of the meeting;
• A person has an indirect pecuniary interest if:
• s/he, or any nominee of hers/his, is a member of a company or other board with which a contract is under consideration or has  been made;
• s/he is a partner in business or in the employment, of a person with whom the contract is made or under consideration.
• A person has a direct or indirect pecuniary interest in a matter if a relative (including a spouse) living with her/him, has a direct or indirect pecuniary interest.
• The headteacher (whether a governor or not), a governor who is a teacher or member of the non-teaching staff, or any teacher who is in attendance in an advisory capacity should not have an interest that is greater than the interest of the generality of teachers at the school.