Applies to

Maintained Schools

Background

The Instrument of Government is the legal document that records the name of the school, its category and the constitution of the governing board. The governing board is responsible for preparing a draft Instrument of Government and submitting it to the local authority for approval. The local authority must ensure that the Instrument complies with relevant legislation and must provide a copy to each governor and the headteacher. The Instrument of Government should accurately reflect the school's current governance structure and governor categories.

Approval

Full Governing Board and Local Authority.

Review frequency

The governing board or local authority may review and vary the Instrument of Government at any time where changes to the constitution of the governing board are required. Governing boards should review the Instrument periodically to ensure it remains accurate and compliant with current legislation.

DfE Guidance

Constitution of Governing Bodies of Maintained Schools: Statutory Guidance (Department for Education, last updated August 2017). This guidance sets out the requirements for the constitution of governing boards, categories of governor, appointments, terms of office, removal and disqualification of governors, and instruments of government.

Maintained Schools: Governance Guide (Department for Education, updated July 2026). This guidance brings together essential information on the roles, responsibilities and governance arrangements for maintained schools.

Legislation

The School Governance (Constitution) (England) Regulations 2012 : SI 2012/1034

These Regulations set out the arrangements for the constitution of governing boards in maintained schools in England, including governor categories, membership requirements, terms of office, disqualification criteria and instruments of government. They remain the principal regulations governing the constitution of maintained school governing boards.