Results of Clerk Survey 2014

Key findings from the survey: 

Respondents generally agreed that a clerk’s role is advising, guiding and supporting the governing body as well as taking minutes

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Of the three duties stated in the survey; providing advice to the governing body; effective administration of meetings and managing information (including membership of the governing body) clerks were least confident about providing advice to the governing body

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Many clerks feel that the role is still not given the level of respect and recognition it deserves

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Clerks feel that the role is becoming more demanding which can be especially difficult for those clerks who have another role within the school

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A large majority of clerks feel that being employed by the Local Authority (LA) or by the school in another capacity does not affect their independence

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On average the clerks who responded are moderately satisfied with their pay

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It was suggested that more guidance is required in relation to the pay for clerks with calls for the introduction of a national pay scale

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49% of clerks are not annually appraised

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65% of clerks do not hold any accreditation or qualifications relevant to clerking

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The cost of Continuing Professional Development (CPD) and training is usually met by the school or LA

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Introduction In January 2013 the National Governors’ Association (NGA) and the Society of Local Authority Chief Executives (SOLACE) hosted a roundtable discussion with a range of expert organisations including: National Co-ordinators of Governors’ Services (NCOGS), Association of Governing Bodies of Independent Schools (AGBIS), Ormiston Academy Trust, Association of Director of Children’s Services, Information for School and College Governors (ISCG), Hampshire County Council, Association of Colleges (AoC), and the Department for Education (DfE). The meeting highlighted the need for an increased focus on the role of clerks and as a result, the Clerking Matters campaign was born. The Clerking Matters campaign aims to raise the profile of clerks. There is now a dedicated page for clerks in every Governing Matters magazine and additional resources such as a clerk’s job description and person specification available on the Clerking Matters section of the NGA website. A pilot of the ‘Find us a clerk’ service was also launched in November 2013. This is a free service that enables clerks to advertise their services and schools and other organisations to advertise for a clerk. There was also a session for clerks at the NGA’s summer conferences in 2013 and 2014. Most significantly, Lord Nash, the under-secretary of state at the DfE, at the Summer conference announced funding for the National College of Teaching and Leadership to develop a training programme for clerks. To help better understand the issues faced by clerks and inform the Clerking Matters work, NGA and SOLACE undertook a survey for clerks in January 2014. The survey was open for 4 weeks and received nearly 900 responses. It covered a range of areas including the role, remuneration and professional development. The survey was completed by clerks of both school governing bodies and academy trust boards.

Findings

Not all respondents answered all questions. Therefore, the percentages referred to have been calculated based on the respondents who answered that particular question and does not represent a percentage of the total number of respondents who completed the survey. All percentages have been rounded up or down to make whole figures. We have chosen in the main to report the recurring themes and comments which suggested that they represented the issues that affect clerks across England.

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Who responded? The largest number of respondents came from the North West and South West with the lowest numbers responding from the East of England, North East, and both the West and East Midlands (each only 4-5%). This of course reflects who chose to respond, but also the number of schools in each of the nine regions varies from 1270 in the North East to 4154 in the South East.

45% of clerks are employed by the LA compared with 59% who are employed by the school. The below graph shows who employed the clerks.

58% of clerks that responded clerked at community schools followed by 36% who clerked at either a standalone or multi academy trusts.

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Below is a graph illustrating the types of schools the respondents clerk at.

Many clerks possessed a great deal of experience with 57% of clerks having been a clerk for over 5 years. In terms of the number of schools that the respondents clerk the majority (51%) clerked at one school only. Although 9% clerked at 10 schools or more, the vast majority (86%) of these clerks are employed by the LA. Over 50% of the clerks stated that they work as a clerk part time. The role of clerks The role of a clerk can vary between different governing bodies and 17% of clerks either do not have or are unsure if they have a job description. The NGA has produced a model job description which is available on our website. There is also a copy attached to this report. As would be expected, respondents had some common duties, broadly within advising, guiding and supporting the governing body. Although many clerks highlighted their role in advising governors on relevant legislation and legal responsibilities, a greater emphasis was put on the administrative elements of the role with the vast majority of clerks mentioning duties such as compiling the agenda, sending out relevant papers, and taking minutes. It was also clear that the role of clerk is not confined to meetings. Some clerks also stated that they played a central role in ensuring that vacancies on the governing were filled efficiently and that new governors are properly inducted. This could involve contacting the relevant parties, advertising vacancies or organising staff and parent elections. Clerks also stated that they offer ongoing support to governors, for example, encouraging governors to take up training offered by the LA and arranging it.

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Clerk Confidence The survey asked clerks how confident on a scale of 1-5 (1 being the least and 5 being the most) they were on three aspects of clerking: providing advice to the governing body, the effective administration of meetings and managing information (including membership of the governing body).

Below are the results:

The results of clerks employed by the LA and employed by the school were largely similar. The most significant difference related to the ratings given to the ‘providing advice to the governing body’ element. The survey found that LA clerks were more confident in providing advice with 70% of clerks selecting 4 or 5. This is contrast to clerks employed by the school where 57% selected 4 or 5. The percentage of LA clerks who selected 1 or 2 was also lower than the clerks employed by the school, 12% and 19% respectively. The number of governing bodies that a clerk works for may also have a bearing on this. Over 15% of LA clerks who responded clerk for 10+ school whereas just over 2% of clerks employed by the schools clerk for 10+ schools. There were also fewer LA clerks who clerk for one school (31%) as opposed to clerks employed by the school (70%).

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Independence of clerks Given the importance of the clerk’s first loyalty being to the governing body, the survey asked whether their employment by the LA or school affected their ability to act independently as a clerk. Over 90% of clerks employed by their LA do not feel that their employment affects their ability to act independently. For those clerks who hold other jobs within the school, just over 80% of clerks stated that their other role in the school does not affect their independence. Although, the percentage of clerks who feel that their independence is affected is relatively low it is something that the clerk and the chair need to be alert to in all schools. Pay The topic of clerks’ pay is often highlighted as an area that requires improvement. The survey therefore asked clerks to rate how satisfied they were with their pay on a scale 1-5 (1 being the least, 5 being the most). The average rating was 3.09, showing that clerks are moderately satisfied with their pay. However, 13% selected the rating of 1 and 17% selected 2. The most common grievance related to the lack of recognition for the number of hours that need to be devoted to clerking. Work such as typing up minutes and agendas is sometimes not included when working out a clerks rate of pay and can result in an hourly rate which may have originally seemed reasonable becoming inadequate. Some clerks were also unhappy that the unsocial hours were not taken into account especially for those clerks who may have worked all day in another capacity at the school and then have to return for an evening meeting. Another issue raised by clerks who have an additional role in the school is the effect their clerking duties can have on their day to day job. Some clerks have found that as their workload has increased their clerking duties are encroaching more and more on their role at the school. There is a strong belief that the demands of the role are not acknowledged both at a school/LA level or government level. Some feel that a clerk is still seen as a note taker only, disregarding the fact that clerks are now also expected to provide accurate legal advice as well. This brings with it an increased level of responsibility that often is not matched by either rates of pay or respect of the role. One clerk suggested that the rates of pay reflected the administrative element only, not the legal advice element. However, the nature of the role is such that, even though some clerks state they do not feel the rate of pay is enough, they continue in the role as they have a genuine interest or affinity to the school. In relation to comparing the different rates of pay a number of factors have made it difficult to draw any meaningful comparisons. For example, some clerks are employed solely as clerks and as such will be paid for clerking only. However, for some, clerking is an additional duty within a pre-existing role such as bursar. In these instances the clerking element cannot be distinguished from the main salary. This is not just problematic from a comparison perspective but also does not allow for adequate appraisal. After all, how can you increase a clerk’s pay if it is unclear what it is? © 2014 National Governors’ Association, 36 Great Charles Street, Birmingham, B3 3JY Tel: 0121 237 3780 Fax: 0121 233 1323 Email: [email protected] www.nga.org.uk Page 7 of 14

Clerks were asked to state their hourly rate of pay. However, although 700 clerks answered the question not all gave an hourly rate. The graph below is compiled only with the clerks that stated an hourly rate. Therefore, only limited conclusions can be drawn from the below graph.

Average pay by region (£ per hour) 30

25.96

25 20 15 10

9.56

11.16

13.18

13.57 11.14

11.18

10.94

North West

South East

South West

10.36

5 0 East of East London England Midlands

North East

West Yorkshire Midlands and the Humber

The large majority of clerks are paid monthly (76%). Many are also paid following the submission of an invoice. The concept of pay increases was also a popular topic. Some clerks have not had a pay increase for several years. This has led to the suggestion that there should be a national pay scale. It is also suggested that any pay scale should take into account the clerks experience and the level of training they have received. A third of clerks do not know if their employer has a pay policy which covers clerks. Furthermore only 43% of those who have a pay policy which covers clerks stated that their policy contained pay scales relevant to clerking. This therefore reiterates the need for greater guidance for the pay of clerks. An interesting point raised by several clerks was that if the same duties carried out by a governing body clerk were carried out in the private sector, the pay and level of respect for the role would be greater. So why is this not the case for clerks of governing bodies?

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Appraisal The NGA believes that it is vital that clerks are annually appraised for the benefit of both the clerk and governing body. An appraisal gives the clerk the opportunity to evaluate their performance and highlight any areas that they feel they need extra training or development. It allows the appraiser to set SMART objectives with the clerk and consider whether these have been met as well as identifying whether additional support or training is required. Overall, 49% of clerks are not annually appraised. NGA believes that to ensure that the role of clerks receives the professional recognition it deserves they should be annually appraised. The highest percentage of clerks that are appraised by all or some of their schools are clerks that are employed by an academy sponsor (58%). Followed by clerks employed by the LA (54%) and then clerks employed by the school (42%). NGA believes that clerks should be appraised by the headteacher with input from the chair of governors. However, only 18% of clerks who stated that they were annually appraised are appraised this way. Training 65% of clerks do not hold any accreditation or qualifications relevant to clerking. The survey revealed that providing advice to the governing body was the area clerks were least confident with, and on average clerks who hold an accreditation/qualification relevant to clerking gave a 4 out of 5 rating on how confident they were providing advice to the governing body. Over 70% of clerks who rated their confidence with giving advice as one or two out of five do not hold any accreditation/qualifications relevant to clerking. Distinct from any accreditation or qualification, it is vital that a clerk receives ongoing training and support. Encouragingly the survey also found that just under 80% of clerks have at least some employers who offer CPD/ training. The difficulties clerks face keeping up with changes in legislation is a common concern especially as clerks also felt that the queries they were receiving were becoming increasingly more complex. However, although there were calls for increased training there was some concern on how much additional time such training would require. To overcome this, it was suggested that ongoing training take the form of online training. In terms of how CPD/training is funded, for clerks who clerk for one school this is normally covered by the school (68%) or the LA (14%), only 0.5% pay for training themselves. However, where clerks clerk for more than one school, the LA is the most common source of funding (44%) followed by the school (27%), and the number of clerks that pay for training themselves is 6%. Some clerks suggested that training should be mandatory and paid for by the LA as some schools can only pay for training of clerks by making cuts elsewhere.

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Clerks should consider undertaking the clerks’ development programme due to be rolled out in September 2014 by the National College for Teaching and Leadership, and their appraisers should discuss it with them.

Challenges clerks face Clerks were asked to list what they felt were the top three challenges facing clerks. The comments broadly related to two areas: issues concerning the governing body and issues with the role of clerk. Some clerks found that retaining a skilled governing body was difficult and as a result some clerks reported a high turnover, this meant they found themselves spending more and more time recruiting and inducting new governors. Some clerks also found that they were at times carrying out the duties of the chair for example, encouraging governors to question and challenge the headteacher or ensuring that governors stay strategic and do not stray into the operational. Some expressed the difficulties they faced encouraging governors to undertake necessary training which without it means they lack fundamental knowledge. Some clerks had experienced governors coming to meetings underprepared and therefore unable to fully contribute. Clerks cited several challenges relating to the role. Some clerks found that the way in which the role was perceived meant that it did not receive the level of respect it deserved worryingly; some clerks also stated that their advice was ignored. The more experienced clerks said that the level of paperwork that is involved in the role has increased over the years; this added to other requirements such ensuring that policies and legislative requirements are up to date means that some feel the role is becoming unattainable. Clerks with another role in the school are finding that their clerking duties are encroaching more and more into their main jobs. Some clerks also cited the difficulties they face ensuring that the minutes not only adequately reflect what was said but are also compliant with Ofsted’s requirements. Clerks and in particular, independent clerks also found that the lack of contact with other clerks means the role can be extremely isolating at times. Clerks that do not work in the school in another capacity have said they can find it particularly difficult to keep abreast on what is happening in the school as they may not have any contact with school staff outside of governing body meetings. Some clerks feel that the diminishing LA support has been further exasperated with the Department for Education’s withdrawal of the Guide to the Law. NGA is currently working on a Clerks Guide to the Law which will be published in sections.

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Conclusion Although many clerks were reasonably satisfied with their pay, this was not universal. Some clerks had an issue with the time commitment, they felt that the additional hours were neither properly acknowledged nor rewarded. Some clerks also felt that the role of clerk is still viewed as a minute taker and not the professional role it now is. Some clerks also felt that the role is becoming increasingly more demanding which is made more difficult when coupled with the scaling back of LA services especially in relation to the requirement that clerks also provide legal advice to governing bodies. It is poor practice that a small proportion of clerks are without a job description and the absence of an annual appraisal for almost half of the clerks who responded highlights the need for greater awareness of the benefits an annual appraisal will bring. For those clerks who are employed it is part of good employment practice. Future work Following the report there are several areas that NGA will focus on, in some cases with partners: 1. Keeping members updated on the imminent NCTL training programme for clerks 2. Promoting the importance of regular performance management and appraisal for clerks 3. NGA will be publishing the first sections of the Clerks Guide to the Law shortly 4. Consult on options to change the title of the role with a view to modernise it 5. Discuss any further work or proposal on pay and conditions for clerks

If you have any comments on the Clerking Matters campaign please email: [email protected]

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Model Job Description of the Clerk to a Governing Body Main purpose of role is to:    

Provide advice to the governing body on governance, constitutional and procedural matters. The new regulations require governing bodies to have regard to advice from the clerk in regards to exercising the governing body functions. Provide effective administrative support to the governing body and its committees. Ensure the governing body is properly constituted. Manage information effectively in accordance with legal requirements.

Main responsibilities and tasks The clerk to the governing body will: 1. Provide advice to the governing body         

Advise the governing body on governance legislation and procedural matters where necessary before, during and after meetings; Act as the first point of contact for governors with queries on procedural matters; Have access to appropriate legal advice, support and guidance, and where necessary seek advice and guidance from third parties on behalf of the governing body; Inform the governing body of any changes to its responsibilities as a result of a change in school status or changes in the relevant legislation; Offer advice on best practice in governance, including on committee structures and self-evaluation; Ensure that statutory policies are in place, and are revised when necessary, with the assistance of staff; Advises on the annual calendar of governing body meetings and tasks; Send new governors induction materials and ensure they have access to appropriate documents, including any agreed Code of Practice; and Contribute to the induction of governors taking on new roles, in particular chair or chair of a committee.

2. Effective administration of meetings      

With the chair and headteacher prepare a focused agenda for the governing body meeting and committee meetings; Liaise with those preparing papers to make sure they are available on time, and distribute the agenda and papers as required by legislation or other regulations; Ensure meetings are quorate; Record the attendance of governors at meetings (and any apologies – whether they have been accepted or not), and take appropriate action in relation to absences, including advising absent governors of the date of the next meeting; Draft minutes of governing body meetings, indicating who is responsible for any agreed action with timescales, and send drafts to the chair and (if agreed by the governing body), the headteacher Circulate the reviewed draft to all governors (members of the committee), the headteacher (if not a governor) and other relevant body, such as the local authority/diocese/foundation/trust as agreed by the governing body and within the timescale agreed with the governing body; and © 2014 National Governors’ Association, 36 Great Charles Street, Birmingham, B3 3JY Tel: 0121 237 3780 Fax: 0121 233 1323 Email: [email protected] www.nga.org.uk Page 12 of 14

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Follow-up any agreed action points with those responsible and inform the chair of progress.

3. Membership       

Advise governors and appointing bodies in advance of the expiry of a governor’s term of office, so elections or appointments can be organised in a timely manner; Chair that part of the meeting at which the chair is elected, giving procedural advice concerning conduct of this and other elections; Maintain a register of governing body pecuniary interests and ensure the record of governors’ business interests is reviewed regularly and lodged within the school; Ensure Disclosure and Barring (DBS) has been carried out on any governor when it is appropriate to do so; Maintain a record of training undertaken by members of the governing body; and Maintain governor meeting attendance records and advise the chair of potential disqualification through lack of attendance. Advise the governing body on succession planning (of all roles, not just the chair.)

4. Manage Information     

Maintain up to date records of the names, addresses and category of governing body members and their term of office, and inform the governing body and any relevant authorities of any changes to its membership; Maintain copies of current terms of reference and membership of any committees and working parties and any nominated governors e.g. Child-protection, SEND. Maintain a record of signed minutes of meetings in school, and ensure copies are sent to relevant bodies on request and are published as agreed at meetings; Maintain records of governing body correspondence; and Ensure copies of statutory policies and other school documents approved by the governing body are kept in the school and published as agreed, for example, on the website.

5. Personal Development   

Undertake appropriate and regular training and development to maintain his/her knowledge and improve practice; Keep up-to-date with current educational developments and legislation affecting school governance; Participate in regular performance management.

Additional Services The clerk may be asked to undertake the following additional duties: 

  

clerk any statutory appeal committees/panels the governing body is required to convene: if the clerk is not contracted to set up and clerk these panels, the governing body will have to make an alternative arrangement; assist with the elections of parent and staff governors; participate in, and contribute to the training of governors in areas appropriate to the clerking role; maintain a file of relevant Department for Education (DfE), local authority and church authorities (if appropriate) guidance documents; © 2014 National Governors’ Association, 36 Great Charles Street, Birmingham, B3 3JY Tel: 0121 237 3780 Fax: 0121 233 1323 Email: [email protected] www.nga.org.uk Page 13 of 14

    

maintain archive materials; prepare briefing papers for the governing body, as necessary; conduct skills audits and advise on training requirements and the criteria for appointing new governors relevant to vacancies; conduct skills audits and advise on training requirements and the criteria for appointing new governors relevant to vacancies; perform such other tasks as may be determined by the governing body from time to time.

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