A governance update from the sector 17 June 2020 3:00pm – 4:00pm Academies Annual Update 2020
Agenda • Introductions and virtual housekeeping – Katharine Patel - Buzzacott • Governance considerations – Stephen Ravenscroft - Stone King • A governance update from the sector – Liz Dawson, Ark • Q&A – Chair: Katharine Patel - Buzzacott
Governance considerations Stephen Ravenscroft Stone King LLP +44 (0)7971 272008 stephenravenscroft@stoneking.co.uk
Governance Considerations: overview • The Normal – The usual legal requirements • The New Normal – How life has changed! – The legal and practical adjustments • Key: secure effective governance while ensuring as far as possible compliance with various requirements
Governance Considerations: The Normal Consider full range of requirements: • Articles of Association • Board meetings • Members’ meetings • Committees • Local governing bodies • Funding Agreements • Governance requirements • Local Governing Body and other Committee Schemes of Delegation • Terms of reference
Governance Considerations: The New Normal Corporate Insolvency and Governance Bill Draft released on 20 th May • • Committee Stage in House of Lords yesterday, so assent should be imminent (report stage and third reading to follow) • Range of provisions: • Insolvencies and moratoria • Suspension of liability for wrongful trading • Protection of supplies of goods and services • Meetings and filings: • Holding company law meetings • Extensions with Companies House
Governance Considerations: The New Normal Holding company law meetings – Schedule 14 of Bill Concept of “relevant period” being 26 th March 2020 to 30 th September • 2020 • General meetings: • Need not be held in a particular place • Meetings may be held and votes may be cast by electronic or any other means • No requirement for quorum to be in a particular place • No member has the right to attend in person, to participate in the meeting other than by voting or to vote by particular means • Can be delayed to 30 September 2020 • These provisions override the terms of the Articles of Association
Governance Considerations: The New Normal Trustee and Committee Meetings • Bill covers Members’ Meetings only • It is for companies to determine how best to hold board meetings • Consider detail of existing requirements and flexibilities: • Board meetings: • Method • Frequency • Content • Notice • Committee meetings: • Required committees? • Consider: audit, local governing bodies
Governance Considerations: The New Normal Other issues for consideration • Terms of office of trustees and governors • Effective decision-making • Role of the board in re-opening process • Do we seek to retain any of the new ways of working?
Governance Considerations: The New Normal Filings with Companies House • Change of address • Notice of change in directors • Filing accounts • Register of people with significant control • Confirmation statements • Registration of charge • Regulations will be made to change filing times: • Up to 42 days allowed where originally 21 days or less to file • Up to 12 months where the existing period is 3, 6 or 9 months
Liz Dawson Director of Governance 17 June 2020
Introduction • Frequently asked questions • The longest May on record • What next? 12
The response team • Who has the knowledge • Who can make the decisions • Who is available • When to review 13
Practical considerations • Permanent exclusion panels • Complaints • Local Governing Body meetings • Data Protection • Admissions appeals • Communication 14
Covid – 19 Risk Register • Quick and dirty, don’t over think • An overview of the whole organisation • Use for reflection, consolidation and for focus • Review and update 15
Communication • Balance and consistency • What tools can we use • Who is the best person to send the message • How do we keep maintain it 16
Re-opening the schools • Liability • Agreeing the level of risk • The decision • Keeping it under review 17
What next? • LGB meetings • Permanent exclusions • Subject Access Requests and FOI • Communication 18
Holistic governance • Our pupils • Our colleagues • Addressing wider issues • Our role 19
Thank you Elizabeth.dawson@arkonline.org
Questions and Answers Chair: Katharine Patel Buzzacott LLP +44 (0)20 7556 1270 patelk@buzzacott.co.uk
0800 111 4336 info@stoneking.co.uk stoneking.co.uk +44 (0)20 7556 1200 enquiries@buzzacott.co.uk Buzzacott.co.uk
Recommend
More recommend
