Operational Interference: Ian Kershaw & Eversheds
In their report about the Trojan Horse letter, Ian Kershaw and Eversheds Solicitors cite several examples of alleged operational interference by school governors. However, they do not explain why governors - many of them professionals - were behaving like this.
Pg. 4
interference in operational matters; and
29. We have identified serious governance issues that exist in a small number of schools in East Birmingham as a result of, at best, poor skills, and at worst, serious malpractice by members of certain governing bodies. There exists a pattern of disruptive behaviour by governors across a number of the schools relevant to this investigation. This includes inappropriate, unprofessional and disruptive behaviour during meetings and in carrying out their duties, and particularly interfering with operational matters of the school.
Pg. 15
61. The evidence shows that there has been an acceptance by some officers at BCC of governors intervening in operational matters and the management of schools, irrespective of the impact this has on school leadership.
Pg. 18
Recommendation
The training of governors needs to be rigorous; governors need to be clear on their strategic role and duties, the operational role of the head teacher and the role of BCC.
Pg. 46
89. The evidence has shown that there exists a pattern of disruptive behaviour by governors across a number of the schools relevant to this investigation. This includes inappropriate, unprofessional and disruptive behaviour during meetings and in carrying out their duties, and particularly interfering with operational matters of the school - this being in contravention of the responsibilities of the governing body, as described in the DfE’s guidance to governors, most recently in the Governor’s Handbook, May 2014, which says that governing bodies should be “avoiding routine involvement in operational matters.”
Operational Interference: Sir Bob Kerslake
Sir Bob Kerslake who investigated and reported on the governance of Birmingham City Council also referred to Operational Interference by Birmingham City Council Cabinet members and gives a plausible explanation for this kind of behaviour. Does this plausible explanation not also apply to school governors fighting a culture of organisational disobedience? School governors may have got involved in operational detail out of sheer frustration to drive through school improvement, enforce the writ of the state and / or ensure governing body decisions - to raise standards and quality of teaching and learning - are implemented in a timely manner?
Page 34
12. “Cabinet Members have to delve down to the operational level to make things happen.” Cabinet member
“Cabinet members need to be better at managing performance at the right level...they need the ability to step back and see the big picture and we need to be better at presenting the big picture.” Senior council officer
“Birmingham members are much more involved in detailed work than in neighbouring authorities.” Local government partner
13. While we heard this was partly the result of members’ frustrations and feeling they needed to intervene in detail to ensure their decisions were implemented, this is not healthy. It is a clear sign that the governance of BCC is not operating the way it should.
14. We were also concerned that the Governance, Resources and Customer Services Overview and Scrutiny Committee informed the Review that some members believe that they do not receive sufficient training to be able to be effective, for example to be able to monitor Key Performance Indicators. They need better training to do so (see also chapter 4).
Operational Interference: 2015 Governors' Handbook
This is what the January 2015 Governors' Handbook says:
Governing bodies should play a strategic role, and avoid routine involvement in operational matters. It should focus strongly on holding the headteacher to account for exercising his/her professional judgement in these matters and all of their other duties.
However, since the governing body is responsible in law for the school, it may need to intervene in operational matters if a circumstance arises where, because of the actions or inactions of the headteacher, the school may be in breach of a duty if the governing body did not intervene. Having advised the governing body, the headteacher must comply with any reasonable direction given by it.