2.Governance of the trust

Information on board expertise and building an effective team.

This section covers the trust quality description of governance.

Governance of the trust

The members of the trust ensure that the board of trustees have the necessary expertise to fulfil its functions effectively and that the board acts in accordance with the trust’s charitable objects.

2.1 The trust

Trusts are founded by members and run by trustees. They have a general duty to exercise their powers to further the trust’s charitable object. In the majority of trusts this is “to advance for the public benefit, education in the United Kingdom”. This will be set out in the trust’s articles of association.

Members have powers:

  • to appoint trustees, as set out in their articles of association
  • to remove any or all serving trustees if governance is failing, under the Companies Act

The trust board in section 4.3 has more information on members.

2.1.1 Trusts with a religious character

Trusts with a religious character are founded by the appropriate religious body and their objects will be set out in the articles of association of the trust.

Members of trusts that include church academies must also ensure that the religious character of the church academies is preserved and developed as part of ensuring the charitable objects of the academy trust deed are met.

Governance structures in church academies should reflect the diocesan strategy. This strategy:

  • establishes what is required to provide the best possible safeguard for church academies
  • preserves the ability of the diocese to discharge its function under charity and company law

2.2 The purpose of governance   

In trusts, the purpose of governance is to provide:

  • strategic leadership
  • accountability and assurance
  • strategic engagement

The board has collective accountability and strategic responsibility for the trust. It has a focus on ensuring the trust delivers an excellent education to pupils while maintaining effective financial management and must ensure compliance with:

  • the trust’s charitable objects
  • regulatory, contractual and statutory requirements
  • their funding agreement

The board also has:

  • strategic and statutory responsibility for safeguarding and special educational needs and disabilities (SEND) arrangements within (and across) the academy trust ensuring the promotion of pupil welfare and for keeping their estates safe and well-maintained
  • a role in making sure that it delivers its commitment to other schools and academies, however it is done

Refer to your own academy’s articles of association for more information.

2.3 Capturing the purpose and regulations of the trust: articles of association  

Articles of association set out a framework for establishing academy trust governance structures, including:

  • appointing and removing trust members and trustees
  • establishing committees

Trusts must comply with the requirements set out in their articles as a condition of their funding agreement with the Secretary of State and as required by charity law.

Effective trusts review their articles regularly to keep them up-to-date and reflective of the trust’s development and growth.

DfE’s model articles reflect requirements in charity and company law and DfE governance policy.

There are specific model articles and other guidance for trusts with church academies, which capture differences in governance arrangements.

2.4 Building an effective and diverse board

To ensure it has the expertise it needs, the board can also use its powers to co-opt trustees, where such powers are included in the articles of association.

The board needs people with the right skills, expertise, behaviours and capacity who collectively:

  • understand the purpose and importance of academy trust governance and the role of strategic leadership
  • are committed to, understand and have time for the role
  • are appointed through a transparent process against a clear role specification
  • meet eligibility criteria and pre-appointment checks to be an academy trustee

Trustees will have the necessary skills to fulfil the board’s functions effectively. They will have the ability to:

  • bring a diverse range of perspectives for robust decision-making
  • understand the educational setting and the cultural and religious contexts of the trust and the communities it serves
  • analyse trust performance data
  • use financial knowledge to hold the executive to account and drive financial efficiency
  • challenge each other effectively and work effectively in committees
  • performance manage the senior executive leader
  • use active succession planning to ensure the board and the trust have the leadership and people it needs to remain effective

The sector-led academy trust governance code principle 5: board effectiveness has more information on how the board can work as an effective team.

A diverse board reflects, as a minimum, the diversity of the community or communities that the trust serves. This provides:

  • diverse role models for staff and young people
  • a variety of skills, experiences, qualifications, characteristics, perspectives and backgrounds

It also prevents the board being dominated by one perspective and promotes:

  • an inclusive environment
  • open debate informed by a range of voices and views
  • effective decision-making

Having a diverse board of trustees, with no inappropriately close personal or business ties to the trust or with each other, can help ensure there is sufficient challenge to decisions and strategic functions.

Equality, diversity and inclusion in Section 1.1.5 has further information on discrimination.

DfE encourages boards to collect and publish diversity information about the board and any local committees. Collecting data on the diversity of the board can help trusts to understand and reflect upon the diversity of their local trustees and governors.

Trustees and people on local committees can opt out of sharing their information, including protected characteristics, at any time. This can also be done after publication of any data related to information provided. Information should be widely accessible to the community and the public.

Find out more from DfE’s guidance on What academies, free schools and colleges must or should publish online.

Guidance resources on diversity