Governor qualification and disqualification criteria

The following summarises the qualification and disqualification regulations which can be seen in full in, the constitution of governing bodies of maintained schools August 2017 (statutory guidance)

• A governor must be aged 18 or over at the time of their election or appointment.

• A registered pupil of the school cannot be a governor.

• A person is disqualified from holding or continuing to hold office as a governor of a school if, in summary, that person:

• failed to attend the meetings of the governing body of that school for a continuous period of six months, beginning with the date of the first meeting they failed to attend, without the consent of the governing body. This does not apply to the Headteacher or to foundation governors appointed by virtue of their office

• A foundation, local authority, co-opted or partnership governor at the school who is disqualified for failing to attend meetings is only disqualified from being a governor of any category at the school during the twelve-month period starting on the date on which they were disqualified

• is the subject of a bankruptcy restrictions order; an interim bankruptcy restrictions order; debt relief restrictions order; an interim debt relief restrictions order; or their estate has been sequestrated and the sequestration has not been discharged, annulled or reduced

• is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986; a disqualification order under the Companies (Northern Ireland) Order 2002; a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002; or an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order)

• has been removed from the office of trustee for a charity by an order made by the Charity Commission or Commissioners or High Court on grounds of any misconduct or mismanagement in the administration of the charity, or under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 from being concerned in the management or control of any body

• has been removed from office as an elected governor within the last five years.

• is included in the list of people considered by the Secretary of State as unsuitable to work with children or young people
is barred from any regulated activity relating to children

• is subject to a direction of the Secretary of State under section 142 of the Education Act 2002 or section 128 of the Education and Skills Act 2008

• is disqualified from working with children or from registering for child-minding or providing day care

• is disqualified from being an independent school proprietor, teacher or employee by the Secretary of State

• subject to certain exceptions for overseas offences that do not correlate with a UK offence, has been sentenced to three months or more in prison (without the option of a fine) in the five years ending with the date preceding the date of appointment/election as a governor or since becoming a governor

• subject to certain exceptions for overseas offences that do not correlate with a UK offence, has received a prison sentence of two and a half years or more in the 20 years ending with the date preceding the date of appointment/election as a governor

• subject to certain exceptions for overseas offences that do not correlate with a UK offence, has at any time received a prison sentence of five years or more

• has been convicted and fined for causing a nuisance or disturbance on school or educational premises during the five years ending with the date immediately preceding appointment/election or since appointment or election as a governor

• refuses a request by the clerk to make an application to the Disclosure and Barring Service for a criminal records certificate.