Background
The Education School Governance (Constitution)(England) Regulations 2007 (SI 2007/957) set out the arrangements for the constitution of governing bodies of maintained schools, including maintained nursery schools, in England. 

The regulations set out the following principles:

• Categories of governors:
  • parent governors – parents, including carers, of registered pupils at the school are eligible to stand for election for parent governorship
  • staff governors – teaching and support staff paid to work at the school are eligible for staff governorship
  • LEA governors – appointed by the local authority (LA)
  • community governors – appointed by the governing body to represent community interests
  • foundation governors (not community schools) – appointed by the school's founding body, church or other organisation named in the school's instrument of government
  • partnership governors (foundation schools only) – replace foundation governors if the school has no foundation or equivalent body; partnership governors are appointed by the governing body
  • sponsor governors – appointed by the governing body
  • associate members – appointed by the governing body.
• The size of the governing body and its make-up
  • can range from a minimum of 9 to a maximum of 20 (not including sponsor governors or associate members)
  • the numbers of each category of governor vary depending on the type of school and the total number of governors – this is summarised below.
• The instrument of government
  • the document that records the name of the school and the constitution of the governing body.

Guidance
The Background Reading section contains links to:

• information on the instrument of government
• chapter 2 of A guide to the law for school governors, which provides detailed information on constitution, categories of governors, procedures for removal and so on.

Summary of constitution framework for each category of school:

Community schools, maintained nursery schools and community special schools. The governing body of a community school, a maintained nursery school or a community special school must comprise the following: 

(a) one-third or more must be parent governors;

(b) at least two but no more than one-third must be staff governors;

(c) one-fifth must be LA governors; and

(d) one-fifth or more must be community governors.

The governing body may also appoint up to two sponsor governors.

Foundation schools and foundation special schools that do not have a foundation. The governing body of a foundation school or a foundation special school, which does not have a foundation, must comprise the following:

(a) one-third or more must be parent governors;

(b) at least two but no more than one-third must be staff governors;

(c) at least one but no more than one-fifth must be LEA governors;

(d) one-tenth or more must be community governors; and

(e) at least two but no more than one-quarter must be partnership governors.

The governing body may also appoint up to two sponsor governors.

Foundation and foundation special schools that have a foundation but which are not qualifying foundation schools. The governing body of a foundation school or a foundation special school that, in either case, has a foundation but which is not a qualifying foundation school, is to comprise the following:

(a) one-third or more parent governors;

(b) at least two but no more than one-third staff governors;

(c) at least one but no more than one-fifth LEA governors;

(d) one-tenth or more community governors; and

(e) at least two but no more than 45 per cent foundation governors.

The governing body may also appoint up to two sponsor governors or, where the school is a secondary school, up to four sponsor governors.

Qualifying foundation schools. The governing body of a qualifying foundation school is to comprise the following:

(a) at least one parent governor;
 
(b) at least two but no more than one-third staff governors;
 
(c) at least one but no more than one-fifth LEA governors;
 
(d) one-tenth or more community governors;
 
(e) such number of foundation governors as out number all the other governors listed in sub-paragraphs (a) to (d) by up to two; and

(f) such number of foundation governors who are eligible for election or appointment as parent governors that, when they are counted with the parent governors, comprise one-third or more of the total membership of the governing body.

Also:

(a) the governing body may appoint up to two sponsor governors or, where the school is a secondary school, up to four sponsor governors; and

(b) the foundation may appoint such number of foundation governors (up to two or, where the school is a secondary school, up to four) as are required to preserve their majority.

Voluntary controlled schools. The governing body of a voluntary controlled school must comprise the following:

(a) one-third or more must be parent governors;

(b) at least two but no more than one-third must be staff governors;

(c) at least one but no more than one-fifth must be LEA governors;

(d) one-tenth or more must be community governors; and

(e) at least two but no more than one-quarter must be foundation governors.

The governing body may also appoint up to two sponsor governors.

Voluntary aided schools. The governing body of a voluntary aided school must comprise the following:

(a) at least one but no more than one-tenth must be LEA governors;

(b) at least two but no more than one-third must be staff governors;

(c) at least one must be a parent governor;

(d) such number of foundation governors as out number all the other governors listed in sub-paragraphs (a) to (c) by two; and

(e) such number of foundation governors appointed in accordance with regulation 8(2) as, when they are counted with the parent governors, comprise one-third or more of the total membership of the governing body.

Also:

(a) the governing body may appoint up to two sponsor governors; and

(b) the person who is entitled to appoint foundation governors may appoint such number of additional foundation governors (up to two) as are required to preserve their majority.

The law
The Education School Governance (Constitution)(England) Regulations 2007 set out the main regulations relating to the constitution of the governing body. The Education School Governance (Constitution and Procedures)(England)(Amendment) Regulations and School Governance (Constitution, Procedures and New Schools)(England)(Amendment) Regulations 2004, clarify certain issues, including those relating to pecuniary interests and quorums. 

If you have questions about constitution, please see chapter 2 of A guide to the law for school governors and/or contact the policy team on 01325 392461 or 392692, at School Governance Unit, Mowden Hall, Staindrop Road, Darlington, Co Durham, DL3 9BG, or by email.