AQW 29105/22-27

Ms Claire Sugden
Independent
East Londonderry

Tabled Date: 23/06/2025
Answered On Date: 30/06/2025
Priority Written: No

Question:
To ask the Minister of Education to outline what policies and procedures are in place to hold boards of governors to account when a member is found to have acted unlawfully or engaged in misconduct in a way that could undermine equality or inclusion within the school community.

Answer:

All governors, once appointed, are a member of the body corporate; decisions are made collectively either by the board or by a committee thereof in accordance with the school’s scheme of management. As a corporate body, the Board of Governors is legally liable for all decisions and actions taken in its name by a governor (and the Principal) or committees to which it has delegated functions.

Governors are expected to work together to fulfil the Board of Governors statutory functions in relation to the school. The Board of Governors is accountable for ensuring that its decisions support the best interests of the school and its pupils. It must also ensure that its decisions are consistent with the principles of corporate and collective responsibility as per Chapter 2 para 2.36 and 2.37 of the Governors Guide, and the ‘Policies, Schemes and Procedures required by schools’ which are listed within Appendix 3 of the guide.

Responsibility for taking decisions on school-based matters (including complaints) normally rests with the Board of Governors, unless there has been a failure on the part of the Board of Governors to comply with some requirement in education legislation. Investigating and responding to complaints about schools is the responsibility of each school’s governing body.

If the complaints procedure has been exhausted, there is a right to refer the matter to the Northern Ireland Public Services Ombudsman. The Ombudsman will, however, only consider a case once the school’s internal complaints process has been fully exhausted.