scheme of delegation the beech academy - … of delegation – the beech academy ... re, smsc,...

Scheme of Delegation – The Beech Academy

The purpose of this document is to enable all parties to recognise the powers and functions of specific groups regarding main areas of business and types of decisions to be taken annually and informs the remit that committee will undertake each year as agreed in Terms of Reference and Trust Articles.

Beech Version 2

Aspect Trust Powers (Retained) Powers Delegated to Academy

Constitutional Decisions Trust / LGB committee

Vision

setting out the vision for the Trust and its application at both Trust and Academy levels

determination of the corporate planning and strategy for the Academy and the Trust (in consultation with the LGB)

to carry forward the Trust’s vision, in a way appropriate to the specific qualities and community characteristics of the Academy.

To determine aims, strategic priorities and longer term strategy

To approve Academy Improvement priorities

Trust

To determine Academy priorities and detailed actions plan for improvement and seek approval from Board of directors.

To formulate and approve Academy Prospectus, associated documents and ensure published including on all relevant media

LGB


Beech Version 2 of 13



Compliance (Directors are the employers and the trustees)

ensuring compliance with all statutory regulations and Acts of Parliament governing the operation of the Academy, including, without limitation all charity and company laws and all health and safety regulations

ensuring compliance with the provisions of the Articles and the Funding Agreements

ensuring compliance with the Academies Financial Handbook

Implementation of actions required to comply with all statutory regulations

Assist Trustees in complying with the provisions of funding agreements

To ensure prescribed restrictions in articles are adhered to including arrangements for appointment of chair/Vice; suspension of governors; delegation of functions to and approval of structure of portfolios;

To review delegated functions and decisions annually

To distinguish functions that must be delegated to a full portfolio versus an individual - admissions and exclusions, pay progression and disciplinary work

To ensure Chair of LGB is clear regarding delegated functions

To receive regular updates with evidence from the Academy through KPI reports to ensure compliance and progress

To ensure regular audits and reports are acted upon relating to Finance, environment, Health and safety and education ( OFSTED)

Trust

To ensure decisions made only if a meeting is quorate – 3 or one third of directors governors in office whichever is greater

Chairs to ensure proceedings and decisions can be taken by particular group

All

To appoint link and designated governors ( SEN, Safeguarding, Complaints)

LGB

Policies

setting HR policies and procedures

(as legal employer of all staff), developing appropriate terms and conditions of service with each Academy, including the performance management policy and pay policy

work with the Trust to set the curriculum and standards to be achieved by the Academy

implementation of all policies prepared and approved by the Trust, for example, policies regarding admissions, DBS (CRBs), Complaints and health and safety

To ratify new or amended policies on DFE list and in relation to Finance, HR, Health and safety

To oversee processes for setting and reviewing curriculum

To determine school session times and ensure 380 sessions

To approve Inset days

Trust





setting and reviewing the curriculum and standards to be achieved by the Academies (in consultation with the LGB)

determining the admissions policy and arrangements for the Academy in accordance with admissions law and DfE codes of practice

determining Trust-wide CRB/ DBS policy as set out in the Academies Financial Handbook

the development of a charging and remissions policy and a revenue generation policy for the Trust

setting other Trust wide policies such as health & safety, CRB, safeguarding, accounting and financial regulations etc

ensure provision of free school meals to those pupils meeting the criteria

to comply with and adhere to the terms of any Trust protocol or any guidance issued by the Trust from time to time

work with the Trust to put in place other Academy specific policies and procedures as required including but not limited to those listed on the DfE website

To approve admissions policy and arrangements annually

To develop and monitor policies in relation to Finance, HR, Health and safety , Business Continuity( see other sections)

Business

Work with LA SEN placement officers on admitting students with EHCPs

To discharge duties in respect of SEN students to ‘responsible persons’

To ensure curriculum complies with Equality Act legislation and prohibit indoctrination

To ensure a Designated person for looked after appointed

To ensure safeguarding/ Child Protection/anti bullying/race/hate policies reviewed annually and requirements implemented effectively ,training given and reports provided to LA

To appoint external Clerk to Discipline committee as required

To develop, approve monitor implementation of all policies in Academy

LGB

To develop policies and agree amendments to existing policies related to curriculum, teaching and learning and self- evaluation

To ensure Pupil Premium funding used effectively and students receive meals as notified

To propose a curriculum model and subsequent staffing requirements and report to Business portfolio

Standards and Effectiveness





To adopt a home school agreement

To implement admissions and behaviour policy in line with criteria and DFE legislation

Ensure compliance with exclusion related provisions of Education Act 2006

To review behaviour and exclusion data against local and national

To hear exclusion representations

To attend admission appeals

To approve attendance policy and monitor student attendance comparing against national and local data

To ensure policies in relation to sex education, RE, SMSC, collective worship are in line with legal guidance

Educational Standards

annual target setting for the Trust in general in line

determination of the educational targets of the Academy including, but without limitation, determination of the Academy’s improvement plan (in consultation with the LGB)

ensuring that all targets set are in line with the Governments current agenda

considering and evaluating school performance against key performance indicators set by the Trust (in consultation with the LGB);

oversight of performance, standards and outcomes on a Trust and individual Academy basis

putting in place support and intervention strategies for individual Academies

work with the Trust to determine the educational targets of the Academy including, but without limitation, determination of the Academy’s improvement plan and necessary expenditure

work with the Trust to consider and evaluate school performance against key performance indicators set by the Trust and value for money

work with the trust to ensure that all targets set are in line with the Governments current legislation

To approve targets proposed by Academy and monitor attainment and achievement and ensure in line with agreed KPIs in Improvement plan

To maintain a standards risk register

To oversee school self- review processes and outcomes and ensure recommendations are implemented including effectiveness of LGB on raising standards

Trust

To formulate and review Academy self -evaluation

To ensure resources are used effectively to raise standards

Monitor implementation of Academy and team improvement plans

To comply with requirements of OFSTED Framework

LGB

To set appropriately challenging targets for student achievement and attainment

Standards and effectiveness





Managing corporate risk register for Academy in relation to standards

To monitor student progress including use of resources and impact on including disadvantaged groups / gifted and talented

To monitor and review the curriculum provision and policy

To monitor the quality of teaching and learning and impact of CPD

Appointments

Putting in place processes for: (i)

making appointments within the Trust’s remit and (ii) the LGB making appointments within its own remit

appointing the Head of School of the Academy (in consultation with Executive Principal)

delegate the appointment of any other staff at the Academy (in consultation with the LGB) – to the Executive Principal / Academy Head of School

delegate the appointment of cross-academy staff to the Executive Principal

work with the Trust to appoint the Headteacher and/or Head of School

HoS to seek the approval of the Executive Principal for any senior appointments at the Academy

HoS to make other appointments of staff within their remit (permanent or temporary) in consultation with the Executive Principal and in a way consistent with any policy or procedure as may be determined by the Trust from time to time, including compliance with any pay terms and adoption of any standard contracts or terms and conditions for the employment of staff issued by the Trust

To appoint Executive Principal and HOS

To delegate appointment of staff other than above posts to Executive Principal/ HOS in line with staffing structure

To dismiss staff in line with personnel disciplinary policy and advise Board

To delegate responsibility for all other appointments in academies and trust leadership to CEO with HoS.

Trust

To participate in recruitment process for all staff within the academy as required

LGB

HR and Performance Management

Put in place procedures for the proper professional and personal development of all staff

responsibility for the performance management of the Executive Principal

delegate to the Executive Principal and the LGB performance management of the Head of School of the Academy

monitoring local HR activity and policy, including the process for local performance reviews for members of staff and in particular ensuring that it is within the parameters for the particular Academy from time to time established by the Trustees

To agree Performance Management / Pay policy and arrangements annually

To determine who will support Directors in appraising Executive Principal

To approve Executive Principal to support LGB with HOS appraisal and delegate oversight cross academy staff performance

To approve staffing structure

To ensure implementation of Performance Management policy

Trust





delegate to the Executive Principal the responsibility for the performance management and oversight of cross-academy staff

putting in place processes for: (i) undertaking the performance management of all staff within the Trust’s remit and (ii) the LGB undertaking the performance management of staff within its own remit in conjunction with the Executive Principal

manage any claims and disputes all staff, including matters of suspension

To determine with Executive Principal pay progression and report to Board

To determine with Executive Principal, TLR 3 posts and support staff task arrangements for temporary work

To agree and monitor a training strategy for all staff

To ensure central record of recruitment vetting check is maintained

To determine staffing structure and complement and advise full board

To ensure personnel policies in place

to convene disciplinary panels to include, but not limited to, appeals, exclusions, grievance and complaints

to determine protocols for exit packages to include, but not limited to, dismissal payments and early retirement

to put in place procedures for the administration of payroll, pensions, statutory deductions and indirect employee expenses

Business

To propose staffing structure and complement to Board in line with curriculum provision and Academy need

To oversee implementation of personnel policies in particular capability and disciplinary procedures

LGB

Services

determination of procurement

policies for the Trust, in conjunction with the Trust’s Finance Director, from time to time

determination of the extent of the services provided to the Academy by the Trust and how the costs

implementation of Trust’s procurement policies insofar as they impact on the Academy

seeking value for money and being able to demonstrate that value for money has been achieved

To determine the Services offered to the Academy (e.g. HR, Finance, ICT, Data) and any associated costs

Procure building and maintenance works

Business

To work in liaison with the Trust to ensure that all Business needs are met

LGB





should be allocated (in consultation with the LGB)

oversight of the effectiveness of the delivery of centrally provided services

either through central services or through local solution

Propose maintenance and building plan

Media and PR

oversight of public relations

activities to project the activities of the Trust and the Academies to the wider community

support the Trust and the Academy in relation to any public relations activities to project the activities of the Trust and the Academies to the wider community

To issue press statements

Trust

To ensure positive activity is publicised appropriately

All

Training

providing Director and governor

training and evaluation

To organise training against skill analysis, outcomes of evaluation against governance criteria and current agendas

Directors/LGB/Executive principal

Finances

establishing a funding model for use across the Trust and the Academies including developing an individual funding model for the Academy (in consultation with the LGB

to have oversight of curriculum expenditure and impact and report to Trust

To approve funding model and annual budget for Academy to include, but not limited, to significant budget revisions, use of surplus balances and investments

Approve scheme of financial delegation

Trust





agreement of the Academy’s annual budgets and determining the proportion of the overall Academy budget to be delegated to individual Academies (in consultation with the LGB)

determining any additional financial and reporting targets for the Academy

putting in place guidelines and establishing processes for the local maintenance of assets and appropriate registers

oversight of the finances of the Trust and the Academy, including, but without limitation, responsibility for compliance with the financial and accounting requirements detailed within the Funding Agreement

considering and evaluating performance against key performance indicators set by the Trust in relation to finances (in consultation with the LGB)

arrange for the auditing of Academy statements of accounts and schedule of internal control

managing a corporate risk register for all activity for the Trust

to adhere to statutory guidelines outlined in Trust policies and Academies Financial Handbook

develop an individual funding model for the Academy

consideration of the Academy’s required funding including curriculum costs and undertake the annual budgetary process

to determine banking arrangements

to approve the write off of surplus equipment and debts

regularly monitoring and reviewing the Academy’s cash flow and expenditure in accordance with policies determined by the Trustees and the annual review of the Value For Money Statement

develop appropriate risk management strategies and ensure Academy-level resource is applied appropriately

inform the Trust of any need for significant unplanned expenditure and work with the Trust to explore options for identifying available funding

ensuring compliance with the overall financial plan for the Academy

keeping proper accounts and proper records in relation to the accounts

preparing a statement of accounts in respect of each financial year of the Academy

observing proper levels of delegation and protocols, in conjunction with the Responsible Officer

managing a risk register for the Academy

to monitor Governors expenses and remuneration

Business





To ensure curriculum expenditure is matched to priorities and to monitor for impact.

LGB

Asset and Premises

developing an estate management strategy for the Academies that will identify the suitability of building and facilities in light of long term curriculum needs and the need for and availability of capital investment to meet their responsibility to ensure the buildings and facilities are maintained to a good standard

dispose or acquire land or interests in land to be used by the Academies

insuring the land and buildings used by the Academies

ensure the safety of the users of the Academy buildings and facilities

determine matters related to health and safety of occupants and security of premises

to determine asset management planning arrangements

determine procuring building and maintenance works in accordance with property handbook and develop a funded site and maintenance plan in conjunction with LGB

maintain inventories and security of assets

to observe the protocols relating to tangible and fixed assets and their sale

to observe protocols relating to relating to tendering and quotations

To procure appropriate levels of insurance as to mitigate risk to the Trust and Academy and ensure business continuity

Business





advising the business portfolio of buildings and assets required through accurate curriculum model planning.


To ensure that the health and safety policy is followed in respect to the welfare and supervision of students


Governance

ensuring processes are in place for the appointment and removal of Directors and governors of the LGB

To determine Executive Principal

appointing the Responsible Officer for the Trust

appointing the clerk to the LGB

monitoring the performance of the Local Governing Body

power to withdraw delegated powers from the LGB and, if necessary, disband it

delegate to Executive Principal the holding of Head of School to account and Academy Leadership for achievement, quality of teaching, behaviour, safety,

Have oversight of

Academy’s activities

and provide reports to

the trust

Assist in the appointment of staff and Parent Governors as requested by the Trust

Assist in the appointment of LGB clerk

To determine voting rights for associate members on committees

To suspend any governor

To elect or remove the chair

To elect or remove the vice-chair

To determine Committee remits

To determine staff appointments and processes for new staff and ratify HOS/Deputy posts

To appoint or remove a clerk

To participate in the review of LGB effectiveness and review of Directors

TRUST

Approval of scheme of financial delegation and accounting policies

To establish the governors’ register of pecuniary and business interests and oversee its maintenance

Business





leadership and management of the Academy

Establishment and membership of committees including selection panels for delegated post recruitment as required

To appoint link or designated governors, for example appraisal, child protection and complaints

To decide on additional attendance at full LGB governors’ meetings

To decide the arrangements for full LGB governing body meetings (legal minimum three per year)

To regulate the procedures of meetings

To participate in the self -review school processes

LGB



Constitutional Powers and Decisions for Evolve Trust Audit Committee – 3 meetings minimum a year

Responsibilities of the Audit Committee External Audit

consider the appointment of the external auditor and assess independence of the external auditor, ensuring that key audit personnel are rotated at appropriate intervals.

recommend the audit fees to the Trust Board and pre-approve any fees in excess of £10,000 in respect of non-audit services provided by the external auditor and to ensure that the provision of non-audit services does not impair the external auditors’ independence or objectivity.

oversee the process for selecting the external auditor and make appropriate recommendations through the Trust Board to the members of the Trust to consider at any general meeting where the accounts are laid before members.

discuss with the external auditor the nature and scope of each forthcoming audit and to ensure that the external auditor receives the fullest co-operation.

review the external auditor’s annual management letter and all other reports and recommendations, together with the appropriateness of management’s response.

review the performance of the external auditor on an annual basis.

recommend to the Trust Board the appointment / re-appointment of the external auditor.

review and consider the circumstances surrounding any resignation or dismissal of the external auditor. Responsible Officer

review the Responsible Officers’ programme and ensure that the Responsible Officer function is adequately resourced and has appropriate standing within the Trust.

review the reports and recommendations of the Responsible Officer, together with the appropriateness of management’s response.

monitor the implementation of action agreed by management in response to reports from the external auditor and Responsible Officer. Financial Management & Policies

keep under review the Trust’s financial management and reporting arrangements, providing constructive challenge (where necessary) to the actions and judgements of management in relation to the interim management and financial accounts, statements and reports and the annual accounts and financial statements, prior to submission to the Trust Board, paying particular attention to:

critical accounting policies and practices, and any changes in them



decisions requiring a major element of judgement

the extent to which the financial statements are affected by any unusual or complex transactions in the year and how they are disclosed

the clarity and transparency of disclosures

significant adjustments resulting from the audit

the going concern assumption

compliance with accounting standards

compliance with DfE and legal requirements.

review the Trust’s policy and procedures for handling allegations from whistleblowers.

review the Trust’s policies and procedures for handling allegations of fraud, bribery and corruption.

receive reports on the outcome of investigations of suspected or alleged impropriety.

review the adequacy of policies for ensuring compliance with relevant regulatory, legal and code of conduct requirements.

ensure that any significant losses are investigated and reported to the DfE where required.

review the Trust’s risk management policy, strategy, processes and procedures for the identification, assessment, evaluation, management and reporting of risks.

review the adequacy and robustness of risk registers.

keep under review the adequacy and effectiveness of the Trust’s governance, risk management and internal control arrangements, as well as its arrangements for securing value for money, through reports and assurances received from management, the Responsible Officer, the external auditor and any other relevant independent assurances or reports (eg from the National Audit Office).

review all risk and control related disclosure statements, in particular the Trust’s annual “Statement on Internal Control”, together with any associated reports and opinions from management, the external auditor and Responsible Officer, prior to endorsement by the Trust Board.

review any recommendations made by the Secretary of State for Education for improving the financial management of the Academies. General

review or investigate any other matters referred to the Committee by the Trust Board.

draw any significant recommendations and matters of concern to the attention of the Trust Board.

scheme of delegation the beech academy - … of delegation – the beech academy ... re, smsc,...

Documents