The National Trustee Forum for Community and
The NTF expectation was that this would provide a unique opportunity to consider the important role and responsibility attaching to Trusteeship/Patronage and was delighted with the response from Trustees. A further expectation on behalf of the NTF was that this meeting would provide a focus and an impetus to the work of Trustees/Patrons into the future and provide insight into the challenges and issues that confront Trustees/Patrons in our schools. Arising from the deliberations the Conference gave a strong sense of direction to the work of the NTF posing a number of practical challenges for the body in the years ahead. This report attempts to summarise the proceedings of the Conference.
The Conference was opened by Monsignor Jim Cassin who welcomed all the delegates and presenters. He outlined briefly the history and the work of the NTF to date and looked forward to the work of the Conference. He introduced Luke Monahan who acted as a facilitator for the day. Luke introduced the first speaker,
He made it clear that the precepts contained in the Deed of Trust were underpinned by the Education Act 1998. He outlined the statutory functions of Trustees as follows:
• Establish a Board of Management
• Make appointments to a BOM in compliance with Minister’s directions.
• BOM manages the school on behalf of Patron
• BOM accountable to Patron for upholding the school’s “characteristic spirit”
• BOM must consult with and keep patron informed of decisions and proposals
The Board of Management must obtain the Patron’s agreement to the school’s admissions policy; policy relating to expulsions and suspensions; policy for students with disabilities or other special educational needs. Under Section 16 of the Education Act the Patron can dissolve the Board, with the Minister’s consent, where functions are not being effectively discharged and can remove a member from a Board of Management for good and valid reasons under the Procedure set down in Section 16. Section 17 provides for the dissolution of a Board of Management by the Patron at the request of the Minister. Mr. O’Herlihy instanced some practical difficulties arising from the above and stressed the point that typically Patrons were called upon more when difficulties arose at Board level. He clarified that in the Education Act 1998 the term trustee is equivalent to patron.
The next presentation was made jointly by Mr. Tomás Ó’Seaghda and Sr. Marie-Céline Clegg, both past presidents of ACCS,on the development and the working implications of the Guidelines on the Role of Trustees in Community Schools. Reference was made to the points already referred to by Ian O’Herlihy in respect of the Patron and the unique challenge this posed for those exercising Joint Patronage. Sr. Marie Céline identified the following areas as the responsibility of the Joint Patron: Characteristic Spirit, the appointment of the Board of Management, Communication with the Board, Policies, Site and Building considerations, the provision of personnel for Selection Committees and respective nominees for the Board of Management and the provision of training for such personnel.
Sr. Marie Céline referred to the DES criteria for evaluating schools where the section on ‘characteristic spirit’ refers to evaluating whether or not the patron has provided a “concise statement of the founding purpose of the school” and also a “concise statement of the characteristic spirit of the school” both of which are expected to be readily available to all members of the school community. She then posed the question: What steps are necessary to ensure that the ‘characteristic spirit’ is articulated by the joint Patron?
Sr. Marie Céline then referred to the ACCS Guidelines for Trustees in Community and
Sr. Marie Céline then dealt with a number of the key responsibilities of the Trustees. In order to enable Trustees in fulfilling their responsibilities under legislation, Trustees shall receive from the BOM the relevant policies. The essential policies and proposals should include the following:
· Any major building or refurbishment proposals envisaged at the school
· Admissions Policy
· Code of Discipline/Behaviour
· School Plan, including work in progress
It was emphasised that a Deed of Trust is a deed by which a person who is entitled to the property (the Minister) transfers that property to Trustees to be held by them for the benefit of persons or purposes set out in the Trust document. It is, therefore, necessary for Trustees to be available for consultation with the Board of Management in respect of any change or proposed alterations to buildings or to the site. The DES sanction is also required for any such changes.
Sr. Marie Céline stressed how important it was that trustees fulfil their responsibility by appointing members of the Selection Committee as outlined in the 2nd Schedule, Articles of Management, Article 7A (c) (ii) Deed of Trust. “There is a responsibility on the constituent members of the joint patron to ensure that those who serve as their nominees on (i) Boards of Management and (ii) Selection Committees have the necessary experience and expertise.” The nominating bodies should encourage their nominees to attend any relevant in-service training provided by ACCS or other agencies.
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Mr. Pat O’Connor, CEO of County Dublin VEC the gave a presentation on a Template for Communication between Board of Management and Joint Patron in Community Schools. This template is attached as an appendix to this report. He outlined the Protocol for Communication between Board of Management and Joint Patron as it operates for a number of Community Schools within the County Dublin VEC area. The same template has also been used to develop protocols for a number of other Community Schools where the Joint Patrons have considered it and revised it appropriate to their specific needs. In summary the template details are as follows:
1. Names the trustees and Joint Patron statement and selects one person to be the Link Person or Liaison Person.
2. Names the Link Person and states the basic liaison role.
3. Elaborates function of Link Person.
4. Requires each Trustee group to provide a contact person to whom the Link Person will relate.
5. Sets an indicative time for communication and also provides some indicative areas for Board of Management/Patron responsibilities.
6. Confirms timeframe for correspondence.
7. Specifies Link Person’s role.
8. Refers to possible extensions of timeframe for correspondence and also refers to seeking Ministerial assistance if disagreement arises.
9/10 Both refer to the appointment of a Board of Management. The Education Act specifies this as a Patron function.
11. Trustee responsibility for Staff Selection Boards
12. Timeframe for review of protocol
13. Lists the person appointed by the Trustee groups and the Link Person.
This presentation stimulated a lot of discussion. The choice of Link Person and the role of the Link Person needs careful consideration by the Joint Patrons. This will require a meeting either at individual school level or at regional level as appropriate. This meeting needs to be initiated by the Trustees.
Luke Monahan, facilitator, summer up the issues arising from the morning’s work as follows:
Understanding role & responsibilities of Trustees
Intersecting relationships – partnership, collaboration, consultation & communication
Specific role of Link Person - status, guidelines, training
Founding purpose – characteristic spirit
Legal issues and concrete implications
Developing protocols e.g. Link Person; communication templates
Specific issues in Comprehensive schools
Training in a variety of areas
He organised the afternoon session by facilitating round-table discussions based around key questions. These questions were as follows:
What are the key issues and their implications in respect of the role and responsibilities for Trustees/Patron?
What are the priorities for the work of the National Trustee Forum in the coming year?
Each table had the opportunity to respond in writing on these key questions following appropriate discussion. The meeting heard some of the responses at the conference and they written responses are summarised below. The Conference then heard from Monsignor Jim Cassin who thanked all those who had made the day possible, making particular reference to the ACCS President, Ms. Mary Mullarkey and the ACCS Executive. He thanked Luke Monahan for his excellent work as facilitator. He summed up the important work which had been undertaken on the day and looked forward to the future work of the NTF on behalf of the Trustees.
Mr. Ciarán Flynn, General Secretary of ACCS, was asked to address the delegates by Monsignor Cassin. He outlined the work of ACCS relative to that of the NTF, describing this work as “work with NTF but not of NTF.” He stressed the independence of NTF in the same way as Trustees were independent of Boards of Management. He clearly articulated the fact that ACCS were very supportive of the work of NTF and that ACCS was prepared to offer any support to NTF by way of administration and communication. He urged delegates to avail of in-service from ACCS, in particular training for Board members and for Selection committee members. He noted the suggestion that Trustees might be provided with the ACCS newsletter and any other relevant ACCS material. He stated that ACCS would be delighted to respond positively to this suggestion, but required specific contact details from Trustees in order to do this. The establishment of a data base for Trustees had already been commenced by ACCS on behalf of Trustees. He emphasised that there were practical difficulties in getting such details as some schools were not clear on who their respective Trustees were and that this needed to be rectified. He thanked all the Trustees present for their interest and attendance and pledged the continuing support of ACCS to the work of Trustees and the NTF.
Summary of delegate responses:
Key issues:
General:
Accept the role and responsibility placed on Trustees.
The issue of Patronage of comprehensive schools needs to be clarified, how do we activate the role of trusteeship?
Training needed for full Boards, Secretaries
NTF/ACCS to develop training for Joint Patrons re their responsibilities
Characteristic Spirit/Ethos:
Define characteristic spirit in an ever changing way, make the founding intention known and available. How do we hold the characteristic spirit of a school in a pluralistic, multi-denominational society?
Difficult to express in the case of amalgamated schools
Pressure from Minister re Irish in school
Roles:
Need to build understanding of everyone’s roles
Boards of Management and Trustees need to be clear on their respective roles and the roles of each other, at present some of the lines between trusteeship and management are blurred.
Do Board members know to whom they are accountable? Trustees need to show their faces!
Must accept the onus of responsibility
Be aware of the sensitivities and realities – be diplomatic, must keep the Management function separate from Trusteeship, especially where Trustees have not been active
Focuses attention on clarity of policy in respect of Trustees and briefing their nominees on same for Board of Management.
What are the liabilities in respect of Finance, Policies, e.g. Admissions etc.?
Need to create a sense of collective responsibility among Trustees
Clarify respective roles of DES and Trustees in respect of schools closing
Avoid conflicts of interest- e.g. CEO of VEC may be Trustee, Link person or member of Board
Role of Chairperson at and between meetings needs to be defined
Link Person
Create a link but as a messenger – informed but not filtered, there is a need for dissemination of information and a need for an agreed approach to do this.
What is the status of the link person? This is a vital role and clarification is needed on it. The independence of the link person
How will link persons get information – from Board minutes, agreed information?
Legislation would suggest that Trustees get full minutes
How are communications set up
How do Trustees get an insight into school issues but without appearing to interfere?
Can ACCS alert Board re the role of Trustees?
There is a need for in-service and training for new Boards.
Patrons/Trustees meet together to choose a link person. On a rotational basis?
Appointment of Board of Management
There is a need for a template of appointment of Board of Management members
Trustees may meet Board at the beginning of new Board appointment
Need to ensure training for Board members
Communication
How do we set up communications for Trustees
Every Trustee should get a copy of the ACCS Newsletter.
Could education offices link with ACCS?
This in-service was very helpful, especially for new schools.
Need to identify the Trustees/Joint Patron in each school
Interaction between Trustees and Bom and school staff- how?
How to build up communication, positive collaborative leadership between the Joint Trustees, link person and Board members.
A clear communication policy for Board and Patrons would be important
Need for protocol for each school
Priorities for the NTF in the coming year:
Communicate with Trustees – send summary of this meeting
Inform without swamping Trustees
Alert BOM and their responsibilities and the responsibility of the Trustees
Communication between the various Trustees and the NTF
Meeting of Trustees would be helpful
Data base of Trustees & contact details – to inform of their responsibilities and areas where they have legal obligations
Pass relevant ACCS info to Trustees through the NTF
Link Person & Training for same, training template to be sent to Boards and Link Persons re role and responsibilities of Patrons/Trustees
Prepare a formal mechanism for the appointment of Boards of Management by Patrons
Mechanism whereby schools can revisit characteristic spirit
Raise awareness through media
Negotiate with VECs’ a process by which a common characteristic spirit for each school can be negotiated
Alert the Trustees to their renewed role and responsibilities
Do an analysis of existing working of BOM, Trustees/Patrons and the intersections of their relationships.
Agreed report to be given to Link Person who will send it to Trustees
Trustees shall meet new Board every three years
Communications: Establish links between Boards and Trustees
Training for BOM and link persons
Role of Link Person clearly spelt out – rotating link person every 3 years
NTF in conjunction with ACCS to continue to advise schools
Update make more user friendly the Deeds of Trust
Involve DES in understanding their role in relation to community schools, especially in relation to critical decisions, such as closure
Sort out Comprehensive Trusteeships
Organise training, info sessions for BOM’s on role of Trustees
Issue practical guidelines for Joint Trusteeship
Provide an advisory service
Reservoir for models of good practice
Ensure good working relationship with DES
Formulate policy based on informed feedback from Trustee/Patrons
Develop awareness of Joint Patron, responsibilities, roles.
Offer inservice at least once a year
Issue guidelines re sending draft minutes to Patron and guidelines for principals re written monthly report to Board
Immediate Tasks / Checklist for Joint Trustees and Boards
As Joint Trustees / Patrons have legal responsibilities and consequent liabilities the following is proffered for consideration.
- Confirm that the BOM is aware of your role and contact address
Confirm that the other joint trustees are aware of your role and contact address
- Meet as the joint trustees and agree immediate tasks:
a) Confirm that the current BOM has been formally appointed
b) Appoint a link person to liaise with the BOM and the trustees and agree role
c) Agree a concise statement of both the founding purpose and characteristic spirit; this tasks requires a process of consultation with the BOM and school community
d) Arrange to meet the BOM to introduce link person and discuss respective roles
- In the light of c) above request from the BOM copies of the following:
School ethos statement
Admissions Policy
Code of Behaviour
Policy regarding participation by pupils with disabilities or SEN
Details of any building or refurbishment proposals
- Arrange meeting of joint trustees to discuss and confirm, if appropriate, the above documents.
Please note that for Unitary patrons or patronage bodies of comprehensive schools the above tasks would assist in ensuring compliance with statutory responsibilities.