Case Study 3
The clerk of Bryn Primary School regularly sends out the papers for governing body meetings three days in advance. Although governors have queried the short notice to receive the relevant papers, particularly as they feel that three days allows too little time for governors to prepare for important agenda items, the clerk is adamant that she is fulfilling the statutory requirement as informed at a recent training session for clerks.
The Government of Maintained Schools (Wales) Regulations 2005
Part 8, Regulation 45 (paragraphs 4-7)
Subject to paragraphs (5), (6) and (7), the clerk must give written notice of the meeting, a copy of the agenda, and any reports or other papers to be considered at the meeting at least five clear working days in advance to —
– (a) each governor;
– (b) the head teacher (whether or not he or she is a governor); and
– (c) the local education authority.
Where the chair so determines, on the ground that there are matters demanding urgent consideration, it is sufficient if the written notice of the meeting states that fact and the notice, copy of the agenda, reports and other papers to be considered are given within such shorter period as he or she directs.
This paragraph applies in relation to any meeting at which—
– (a) the removal of the chair or vice-chair from office;
– (b) the suspension of any governor;
– (c) the removal of a community governor or sponsor governor; or
– (d) a decision to serve notice of discontinuance of the school under section 30 of the 1998 Act is to be considered.
Where paragraph (6) applies—
– (a) written notice of the meeting, a copy of the agenda and any reports or other papers to be considered at the meeting must be given at least seven clear working days in advance; and
– (b) the power of the chair to direct that a meeting be held within a shorter period does not apply.