In September this year NICIE held its third governance seminar.  The Governance Seminars prove to be a very effective way of communicating with Principals, Governors and Bursars and allow discussion around areas of interest and concern to Grant Maintained Integrated schools.  This seminar was attended by over 20 schools and covered topics such as Schools Insurance, Memorandum & Articles of Association, Health & Safety and proposed joint HR services for GMIs.  As always it was a full agenda (please find attached) and generated lively discussions.  Due to the interest in this seminar we will be holding another one on Tuesday 23rd February – the venue and agenda are yet to be confirmed.

Below is a summary of discussion that arose from the presentations and I have also attached the presentations for further information:

Health and Safety NI – Ronan Magee

Asbestos & Legionella in schools

• Asbestos Issues in Schools
• Asbestos Regulations (NI) 2012
• Regulation 4 – Asbestos good Practice / guidance
• Pre 2000 buildings must have an asbestos management plan (AMP) – this should be a live document

Overview provided;

• Asbestos survey / register
• Action Plan
• Monitoring
• Communications Plan – contractors, school staff, emergency services
• Important to use licensed contractors

Control of Legionella

• MHS WR (2000) NI, COSHH (2003) NI & Health and Safety at Work (NI) Order 1978
• Risk assessment
• Prepare / implement – “Written Scheme of Control”
• hseni.go.uk

HR proposals – Maureen Johnston – NICIE

See ppt attached

Hugh Leslie – Insurance – Stephen McAnee

Contacting the insurance company

Schools are encouraged to contact the insurance company when there is the potential that a claim may be made.  The following are such instances:

• Verbal threat / letter / letter from union

Parents Council:

• Control exercised by the school
• Fund-raising: there is cover available but it will require the school to take specific action e.g. – Bouncy castle / BBQ’s
• Funds must be exclusively for the school
• Joint activities- separate policy required
• School Plays – Only scaffolding that should be used is mobile scaffolding

Events and External Use:

• Community use
• External group
• School camps / projects
• Over 1,000
• External tutors – keep records

• Policy – reasonable caution, reasonable attitude to risk, risk assessment required – there is one but you are the expert on your school
• Advice available on planning events and what will be covered
  • Notify events
  • Check cover
  • Some issues will be down to public traders themselves
• Staff using own cars – staff should have business insurance for attendance at meeting if getting travel expenses

Stephen Cockcroft – Johns Elliot Solicitors

Articles of Association

Memorandum:

• Company must act within the stated companies’ pre 2006
• Post 2006 – no restriction under 2006 legislation

Articles:

• How you run the school on a day to day basis
• Articles may have changed here and there for each school, but largely standard
• Highlight what schools can and cannot do
• Generally the land sits within a legal trust which restricts what the school can and cannot do with the land – Disposal only with approval of DE
• Decisions – how they must be made
• Directions – activities, appointments
• Article 4 – outlines members / non-voting members / associate members

Conflict of Interest:

• Must be declared
• Cannot accept rewards
• Duty of care to the limited company
• Restriction cannot be relaxed
• Not within gift of directors to waive duty to conflict of interest
• Changing articles is not recommended
• Charities Commission

Directors:

• Legally responsible
• Responsible for compliance / annual returns
• Need to be informed
• See DE/ETI reports on the school
• Really important that directors know what they are taking on
• If you have a particular background or skill you will be expected to exercise that skill

Parents Council:

• Problems occur with parent’s council where parents want to become involved in decision making
• Importance of handling parents council properly
• Shadow director responsibility to be assumed if parents get involved in decision making process – very dangerous position to be in
• Can become personally liable and you do not know what happens at fall meetings as you are entitled to be there!
• Make sure compliance issues are met

Charitable Status:

• Highly likely that all schools will be called forward to be part of this process
• Liabilities commission is there to assist you through the process and ensure that you meet the requirements

Playgroups under Limited Companies:

• Important to realise that this is trading if you charge for services – this would impact on the schools ability to register as a charity
• Will be liable to pay tax on revenue through this trading and must be declared

Primary Purpose Trading:

• Off set of costs
• Impact on charitable status
• How can you form a trading company to operate play group / out of schools
• Gift aid from trading company to the charitable company, i.e. the school – dealing with profits and ensuring it stays in the school
• But if you were providing catering services / making substantial income there could be a problem
• Issue is the revenue – tax implications if beyond the level that they would consider too high
• You won’t lose charitable status but tax implications
• You might be better setting up another company and sub-let – rental income is not taxable – then you can gift aid too
• Be careful of giving a helpline your company name – could trigger inspection

Companies being viable:

• Returns could be extremely costly
• Consider whether there is a reasonable prospect of you being able to cover costs
• Cannot have a situation where a charity is subsiding a company – after schools club, breakfast club
• Some of the schools do require that all governors sign up to be directors – depends on individual articles and memorandums
• Governors operating under scheme of management
• Like an inset company responsible for decision making
• If contracts are with limited companies they will be liable
• Always read articles and schemes alongside each other