Case Study 10

It is the first meeting of the academic year for the governing body of Primrose Primary School. The next item on the agenda is the election of vice-chair. The clerk to governors had already alerted the members of the governing body that the election of chair and vice-chair will take place at the meeting. Two nominations had been received prior to the meeting. The chair also asked if anyone else would like to nominate themselves. There were no more nominations. The election was held by secret ballot. Each nominee received the same number of votes – there was a tied vote.

Regulation 46(3) of Schedule 5 of The Government of Maintained Schools (Wales) Regulations 2005 states that:

  • Where there is an equal division of votes the chair or, as the case may be, the person who is acting as chair for the purposes of the meeting (provided that such person is a governor), has a second or casting vote.

The regulations clearly allow the chair to have a casting vote and it would be the chair’s decision whether or not to use this casting vote, however, they would need to be mindful that their casting vote would not be a secret vote.

The governing body could either hold the election again to see if there was a change in voting, or, if agreed by the both the governing body and the nominees, names could be “drawn out of a hat” to see who would be elected as vice-chair.