Governors’ guidance sheet no 13
DECLARATIONS OF INTEREST AND WITHDRAWAL
FROM MEETINGS
This is quite a complex issue and governors may find the checklist of questions a useful starting
point in deciding whether to declare an interest in a particular item of governors’ business.
The Governor Support Service at Knowsley LA offer their thanks to Wakefield LA for their
permission to use their guidance in the preparation of this document
The following persons, subject to the School Governance (Procedures) (England) Regulations are
entitled to attend any meeting of the governing body:




any governor
Headteacher of the school when they are not a governor
clerk to the governing body
associate members (an associate member may be excluded from any part of a meeting
which s/he is otherwise entitled to attend when the business under consideration concerns
an individual member of staff or pupil)
 such other persons as the governing body shall determine
The following checklist is a useful base to start when considering whether or not a governor should
declare an interest in an item under discussion.
1. Is there a possibility that I, or a relative, may benefit or lose out from the decision on this issue?
2. Could an outsider have a reasonable doubt about my impartiality because of private
information I have received or because of personal or business contacts which I may have?
3. If I am employed at the school (but not the Headteacher), is the pay or performance
management of a fellow employee due to be discussed?
If the answer to any of these questions is “Yes”, you should declare an interest in the item to be
considered. If you answer “Yes” to either question 1 or question 3, you should also withdraw from
the meeting for that item.
If you answer “Yes” to question 2, you would be advised, but not required, to withdraw from the
meeting for that item.
The background to the checklist comes from two areas, firstly the “Seven Principles of Public Life”
set out by the Nolan Committee.
Secondly, The School Governance (Procedures) (England) Regulations state;
‘In this regulation and in the Schedule (a) "relevant person" means a governor, an associate member, the head teacher (whether or not
he is a governor) or any person appointed as clerk to the governing body or to a committee; and
(b) any reference to "meeting of the school" is a reference to a meeting of the governing body or of
a committee.
Knowsley Governor Support Service
Working with governors to support and encourage effective governance
Guidance sheet 13 – Declarations and withdrawal from meeting – summer 2010
Page 1 of 3
(2) Subject to paragraph (4), where (a) in relation to any matter there may be a conflict between the interests of a relevant person and
the interests of the governing body, or
(b) a fair hearing is required and there is any reasonable doubt about a relevant person's ability to
act impartially in relation to any matter, that person, if present at a meeting of the school at which
the matter is the subject of consideration, shall withdraw from the meeting and not vote on the
matter in question.
(3) Nothing in this regulation or in the Schedule shall be construed as precluding the governing
body, or a committee, from (a) allowing a person who appears to them to be able to give evidence to attend any hearing
conducted by them into any matter and to present his evidence; or
(b) hearing representations from a relevant person acting in a capacity other than that of a relevant
person.
(4) A person who is acting as the clerk to a meeting of the school shall not be required to withdraw
from a meeting by this regulation or the Schedule unless his appointment to office, his
remuneration, or disciplinary action against him is the subject of consideration, but if this regulation
or the Schedule would have otherwise required him to withdraw, he shall not act in any capacity
other than that of a clerk.
(5) Where there is any dispute as to whether a relevant person is required by this regulation, or by
the Schedule to withdraw from a meeting of the school and not vote, that question shall be
determined by the other governors present at the meeting.
(6) The Schedule makes provision in connection with specified conflicts of interest and cases
where a relevant person is required to withdraw from a meeting of the school and not vote.’
The following bullet points may be of further assistance;

where there is conflict between the interests of any person and the interests of the governing
body, that person should withdraw from the meeting and should not vote; for example, a
governor must withdraw from the governing body if he/she or a close relative stands to gain or
lose financially from the decision taken;

where a governor has a financial (pecuniary) interest in an issue being considered by the
meeting, he/she must withdraw from the meeting and not vote; this includes situations where
his/her relative or spouse/partner has such an interest, for example if the meeting is
considering the pay of the governor’s relative/spouse;

in a situation where the principles of natural justice require a fair hearing and there is any
reasonable doubt as to a person’s ability to act impartially, he/she should also withdraw from
the meeting and not vote; for example, an employee at the school should not normally be a
member of a committee which is considering whether to uphold an exclusion made by the
Headteacher, or not; and

a governor employed at the school must withdraw from the meeting if the pay or performance
management of any employee is being considered, although the Headteacher may remain for
this item unless it is his/her pay or performance management which is being considered.
Knowsley Governor Support Service
Working with governors to support and encourage effective governance
Guidance sheet 13 – Declarations and withdrawal from meeting – summer 2010
Page 2 of 3
The position of governors who are employed at school can be clarified further;
The Regulations make clear that an employee at the school need not withdraw from the meeting if
their personal interest in the item is not greater than that of other employees at the school. This
means that employees need not withdraw from discussion of policy, including personnel
procedures and pay policy. It also means that where the number of staff at the school is being
reduced, governors who are employed at the school can participate in discussion of the general
principles/policy to be followed in identifying staff for redundancy. However, they should not attend
for an item where those principles/policies are being put into effect resulting in the identification of
named staff to be made redundant.
Under the Financial Management Standard in Schools introduced in 2006 all members of the
governing body should be given the opportunity, at least in the finance (or equivalent) committee to
update their statement of pecuniary interests and to declare an interest in any item on the agenda.
The Governor Support Service recommends that this should be a standing item on all agendas at
the start, following notification of additional items if applicable to ensure governors can declare an
interest not only in items on the distributed agenda but any tabled for consideration.
If in doubt
Overall, where there is any doubt, governors should declare an interest. If their fellow governors
do not consider that the interest is sufficient for the governor to withdraw, they can remain provided
that the Regulations do not specifically require him/her to withdraw. It is considered good practice
to minute the decision.
If there is any dispute as to whether a person should withdraw from a meeting under the
regulations it is for the other governors present at the meeting to make this decision.
Knowsley Governor Support Service
Working with governors to support and encourage effective governance
Guidance sheet 13 – Declarations and withdrawal from meeting – summer 2010
Page 3 of 3