The following applies only to Maintained Schools – Academies must check their articles.

When a parent governor’s term of office comes to an end the position becomes vacant.   It is not possible to extend the term of office for the current parent governor.  

It is important that all those on the school's parent/carer body are notified of the parent governor vacancy and are clearly advised that anyone eligible to stand for election as parent governor may do so.   If the parent governor who is currently in the post would like to re-stand for another term of office, then they may of course do so - alongside the other candidates who wish to stand - as long as they still meet the eligibility criteria for being a parent governor (as below).  However, the school and Governing Body must ensure that all candidates receive equal opportunity - and there must be a fair election process.  

If the outgoing parent governor no longer meets the eligibility criteria for standing for election and if the Governing Body has a vacancy in a different governor category which they might be eligible to fill - then the individual could consider applying for that vacant position (the eligibility criteria depending on the category of governor).

What is a parent governor election?

Every governing body must have at least two parent governor positions in its constitutional make-up (Instrument of Government).  The governing body of a federation may have only two parent governor positions, regardless of how many schools there are in the federation.   

Where there is a vacancy, everyone who is is eligible to become a parent governor at the school is entitled to stand to fill it.  If only one candidate applies before the deadline for nominations, then that individual is elected-without-ballot into the vacancy.  

If more than one candidate applies before the deadline for nominations,  then a secret ballot must be held (see below.) 

If no candidate applies for the vacancy - the board may find a suitable candidate and appoint them as the parent governor.  Eligibility criteria includes that this person must be parent/carer of a child of statutory school age (other eligibility criteria may apply - please see the bottom of this page.)

Who has the responsibility for carrying out the election?

In a Community or Voluntary Controlled school, it is the Local Authority's responsibility and this is usually delegated to the headteacher.  In Foundation or Voluntary Aided schools, it is the Governing Body's responsibility although again this is usually delegated to the headteacher. 

So typically, the headteacher is the Returning Officer for the election.  The headteacher can further delegate functions relating to the election process to the school staff.

When should the election take place?

It is good practice to start the election process before the end of the current parent governor’s term of office if possible.  This is because it can take over a month to complete the process.  

Ideally there should be no gap between end of the out-going parent governor’s term of office and the start of the in-coming parent governor's term,  however this isn’t a statutory requirement. 

If the out-going and in-coming parent governor end up being one and the same - and if there is a gap between the expiry of their first term of office and the start of their second term due to the election process not being completed at that point - then they will not be a governor during the gap period which means they will not have a vote at governor meetings; but they can still be invited to attend the meetings, if the Governing Body would like them to.

If a parent governor steps down from their post before the expiry of their term of office, there could be a delay before a new parent governor is elected.   It’s advised that the process is started as soon as is reasonably possible.

The letter inviting nominations and nomination form.

Everyone on the school's parent/carer body (see the eligibility criteria section below) must be advised of the vacancy. It is acceptable for this to be done by a letter sent by pupil post, as long as this will definitely reach everyone who's eligible to stand.

The letter should explain the duties and responsibilities of governors and the circumstances which might disqualify a parent/carer from standing for election.   The letter should give enough information to support and encourage parents/carers to nominate themselves - including signposting to further information about school governance and giving a contact name for parents/carers to speak to if they have any questions (this is usually the chair of governors).  It's important that the letter highlights that no specialist knowledge or experience is required to become a school governor, and that a comprehensive induction and ongoing access to support and training is part of the Governing Body's commitment to all its governors. 

The letter must be very clear on the closing date and time for nominations and on the process of self-nomination for those who wish to stand.  It is good practice (eg via a signed declaration on the nomination form) to ensure that candidates have checked and confirm their eligibility to stand, and understand that if they are successful they will be required to undertake an enhanced DBS check.   It is also good practice to collect a short statement from each candidate, as part of the nomination form (setting a maximum word count and being clear on any protocols / guidance for producing a statement.)  The nomination form should advise that the election statement will be issued to the parent/carer body in the event of there being a need for a ballot. 

The nomination form must also clearly advise that any nominations received after the deadline for nominations cannot be accepted to ensure a fair process.

Eligibility criteria

 “Parent” in relation to parent governors is defined as including “any individual who has or has had parental responsibility for, or cares or has cared for, a child or young person under the age of 18”. It includes any person who the child lives with and who looks after the child, irrespective of what their relationship is with the child. The reference in the definition must be to someone involved in the full-time care of the child on a settled basis.  In order to be eligible to stand, the candidate must have that responsibility for one or more children on the school roll at the time of the election.

Elected members of the Local Authority are not eligible to be parent governors (they can be other categories of governor).

Anyone who is paid to work at the school for more than 500 hours in any consecutive 12-month period is also not eligible to stand for parent governor election.  However, if a parent governor is subsequently employed to work at the school for more than 500 hours, they may serve out their term of office.

Pease note that any member of staff who is not eligible to stand (ie as above) but who is also a parent/carer of one or more pupils at the school may vote in the school's parent governor elections. 

There are other criteria which will disqualify an individual from being any category of governor.  There is further details in the Department for Education's statutory guidance on the Constitution of Governing Bodies of Maintained Schools .  Additionally the 'Qualifications and Disqualifications' section from this guidance is linked to at the bottom of this page.

The school will need to take all reasonable steps to ensure that all the parents /carers in their parent body are aware of the vacancy and their eligibility to stand, and that all are encouraged to stand.  For example, this information may need to be given in other languages. 

The ballot process.

If, at the deadline for nominations, there are more candidates for the parent governor position then there are vacancies, the election will be held by secret ballot. 

Every parent/carer is entitled to have one vote per governor vacancy, regardless of how many children they may have on the school's roll.   For example, if there are five candidates for two vacancies, each voter can vote for two of the candidates.  And if a parent/carer has more than one child on the school's roll, they can still (only) vote for two of the candidates.

 Schools are obliged to keep a register of parents/carers which can be used to ensure all those eligible are informed of their right to vote, and to give them access to the process.

Ballot papers should be sent out, with the candidates’ election statements to help voters make their choice, and with clear instructions on how to vote.  The deadline for voting must be advertised, as votes received after this deadline will not be counted.  Seven days is considered a reasonable time over which to hold a ballot.

It is a legal requirement that voting is in secret, if not it could render the election null and void.   For a paper ballot process, the school should provide a securely fastened and clearly marked ballot box for the return of ballot papers.

Some schools concerned about the security of the ballot operate a double envelope system, whereby the voter’s name or voting number is on the outer envelope, which is checked off and discarded, leaving the ballot paper in the sealed inner envelope until the count.

There are electronic voting systems available which may meet the criteria for providing a secret ballot, however schools must consider the data protection implications (ie does the school’s privacy notice advise parents of the use and storage of parent governor election data) and maintained schools must offer a paper alternative to those who wish to use it.   To mitigate against risk of double-votes being counted, schools will need to keep a record of who has voted by paper (see the double envelope system above) and will need to check that those individuals have not also voted electronically.

How are the votes counted?

The counting of ballot papers should be carried out under the supervision of the headteacher (in consultation with the Returning Officer if this role has been delegated by the headteacher).  There must be at least one other person not directly involved in the election present. All the candidates should be informed of when and where the count will take place - and they should be invited to attend and/or to send a representative to attend the count on their behalf, if they so wish.

The headteacher/returning officer has the discretion to declare a ballot paper spoilt if needs be. The criteria should include whether the voting intention is clear.  Also the returning officer/headteacher will need to check that no more votes have been cast on any ballot paper than the number of vacancies being contested.  A mark other than an X or additional comments will not necessarily invalidate a ballot paper. Ballot papers will be considered spoiled and are not to be counted where there is any mark which might reveal the identity of the voter.

It should be established in advance what is to happen in the event of a tie – e.g., drawing lots, toss of a coin.

Who meets the costs of elections?

All costs associated with elections should be met by the school budget.

Typical election timescale

Day 1: Send out letter advising  the vacancy and inviting nominations (including nomination form)

Allow two weeks for candidates to submit their nominations and a short candidate statement.

Day 14:  Closing date and TIME for nominations (ensure the letter gives a date and a time by which a nomination must be received else it cannot be accepted - e.g by 3.30pm on Friday 15th November)

If there are same number of candidates as vacancies:
 

The election process finishes immediately after the deadline is passed and the candidate(s) is/are elected.

If there are more candidates than vacancies: 
 

Days 15-21 prepare the ballot system and the voter list. 

Day 21 - Send out the ballot papers / open the ballot with a 7 day window for voting. 

Day 28 – The count.  The successful candidate(s) is/are those with the most votes (ie if only one vacancy, it would be the individual with the most votes, if two vacancies it would be the two individuals with the most votes). 

What do we do once we know who has been elected?

Notify the successful candidate/s (if not at the count) and the unsuccessful candidate/s (thanking them for standing and for their interest in school governance)

Parents/carers should be informed of the result by letter (pupil post is again acceptable) and other communications eg school  newsletter/website.

The school to arrange enhanced DBS check with the new governor(s) - priority requirement.

The contact details for the new governor/s will need to be supplied to the clerk so they can initiate the induction process.

What happens if there are no candidates for a parent governor election?

If there are no candidates, the governing body may seek to recruit a parent governor, who will be “appointed” by the governing body– ie. if an eligible individual (see below) is found, the governing body will make the appointment at its next FGB meeting and the individual becomes the appointed parent governor from that date. 

The distinction between ‘appointed’ and ‘elected’ needs to be made when entering the new governor's details on Get Information about Schools, and the governor details on the school's website should also make the distinction (ie the category would be  'parent governor appointed by the board' rather than 'elected by the parent body'.)

Who would be eligible to be appointed as a parent governor?

In accordance with schedule 1 of the School Governance (Constitution)(England) Regulations 2012 schools must take such steps as are reasonably practical to fill parent governor vacancies through election.  However, after such steps have been taken to attempt to elect an individual from the parent/carer body but without success, the Governing Body may approach other groups to appoint. 

 In accordance with paragraph 10 of the above schedule, for schools excepting for community special schools and foundation special schools, this is (in the following order of preference):
 

• a parent of a registered pupil at the school, or 
• a parent of a former registered pupil at the school, or
• a parent of a child under or of compulsory school age.
   

And, in accordance with paragraph 11 of the above schedule, for community special schools and foundation special schools, this is (in the following order of preference):
 

• a parent of a registered pupil at the school, or 
• a parent of a former registered pupil at the school, or 
• a parent of a child under or of compulsory school age with special educational needs for which the school is approved, or 
• a parent of a child who has special educational needs and who is over compulsory school age.