Common use of The DBE Clause in Contracts

The DBE. The DBE is a statutory body, the functions of which are set out in the DBE Measure (1991), as follows: • to promote or assist in the promotion of education in the diocese, being education which is consistent with the faith and practice of the Church of England • to promote or assist in the promotion of religious education and religious worship in schools in the diocese • to promote or assist in the promotion of church schools in the diocese and to advise the governors of such schools and trustees of church educational endowments and any other body or person concerned on any matter affecting church schools in the diocese • to promote cooperation between the Board and bodies or persons concerned in any respect with education in the diocese. It is important, therefore, that governors of church schools in the Diocese of Worcester consult the DBE before taking any action which affects the life of the school in the following ways. In the case of an academy, this is the responsibility of the Trustees. • Academisation: Governors of church schools should discuss plans with the Diocesan Director of Education (DDE) before undertaking any significant work for academy conversion. This includes before a school invests time into discussions around joining a multi academy trust (MAT). The DDE will be able to advise on questions which the DBE might ask and make suggestions on issues which the DBE might regard as problematic. DBE consent is a requirement of academy conversion for a Church of England school. The Diocese of Worcester Academy application form is available on our website and must be returned to the DDE once completed. The DBE‘s Policy for Academisation is also available on our website. • Appointment of foundation governors: Foundation governors are either nominated by the Parochial Church Council (PCC) and appointed by the DBE, or nominated and appointed by the PCC. The process of appointing a new DBE foundation governor is set out on page 14. Dates of future DBE meetings are available from the Executive Officer for Education (EOE). • Change of pupil admission number (PAN): Any changes to a church school’s PAN must have DBE consent before additional places are offered to families; the form for Change of PAN must be completed and returned to the DDE. The DBE will require evidence that the school has considered issues related to basic need and the viability of other local schools before con- sent to change the PAN will be granted. • Maintaining church school buildings: Governors of church schools have a responsibility to ensure that they know who owns their land and buildings. They have a further responsibility, on behalf of the owner, to ensure that all school buildings are maintained and remain in a good state of repair. The DBE will request submission of the governing body’s annual maintenance schedule and may carry out routine building inspections. The owner’s consent is required before changes can be made to the structure of church school buildings, or, before additional building work is carried out on land owned by the Diocesan Board of Finance (DBF). Further details are included in the Protocol for gaining appropriate consent for works to be carried out on Church of England school / academy buildings in the Diocese of Worcester. The Building Works consent form must be completed and returned to the DDE before any work to alter or extend the footprint of a Church of England school or academy can commence, or, before any new external structures can be erected on the site of a Church of England school or academy. Written confirmation of receipt and consent (where appropriate) will be provided by the DDE, on behalf of the DBE. • Nursery or pre-school provision: DBE consent is required before a school may open governor-led nursery or pre-school provision. As above, the DBE will require evidence of need in the local community and sight of the governors’ business plan. The Proposed Change of Age Range form must be completed and returned to the DDE, before approval of any nursery or pre-school provision will be granted. Diocesan agents will be required to carry out legal work (the fees for which the school will be liable) before lease, or rental agreements are confirmed. Additional legal fees may be incurred because the diocese may need to speak to external parties on the behalf of schools / academies. • Reappointment of foundation governors: It is the responsibility of the Clerk to Governors to notify governors of their term of office and the date on which their term comes to an end. Unless a reappointment form and associated documentation (set out on page 15) are received for consideration by the DBE before a foundation governor’s term of office expires, on expiry the governor in question must be temporarily removed from the governing body. Governors in this position will not have access to any of the business of the governing body until the DBE has approved the reappointment. In line with the DfE, the DBE will not reap- point governors beyond two terms of office unless in exceptional circumstances laid out by the Chair or, in the case of the Chair, the Headteacher.

The DBE. The DBE is a statutory body, the functions of which are set out in the DBE Measure (1991), as follows: •  to promote or assist in the promotion of education in the diocese, being education which is consistent with the faith and practice of the Church of England •  to promote or assist in the promotion of religious education and religious worship in schools in the diocese •  to promote or assist in the promotion of church schools in the diocese and to advise the governors of such schools and trustees of church educational endowments and any other body or person concerned on any matter affecting church schools in the diocese •  to promote cooperation between the Board and bodies or persons concerned in any respect with education in the diocese. It is important, therefore, that governors of church schools in the Diocese of Worcester consult the DBE before taking any action which affects the life of the school in the following ways. In the case of an academy, this is the responsibility of the Trustees. •  Academisation: Governors of church schools should discuss plans with the Diocesan Director of Education (DDE) before undertaking any significant work for academy conversion. This includes before a school invests time into discussions around joining a multi academy trust (MAT). The DDE will be able to advise on questions which the DBE might ask and make suggestions on issues which the DBE might regard as problematic. DBE consent is a requirement of academy conversion for a Church of England school. The Diocese of Worcester Academy application form is available on our website and must be returned to the DDE once completed. The DBE‘s DBE ‘s Policy for Academisation is also available on our website. •  Appointment of foundation governors: Foundation governors are either nominated by the Parochial Church Council (PCC) and appointed by the DBE, or nominated and appointed by the PCC. The process of appointing a new DBE foundation governor is set out on page 14under Agreement One (p. 13). Dates of future DBE meetings are available from the Executive Officer for Education (EOE). •  Change of pupil admission number (PAN): Any changes to a church school’s PAN must have DBE consent before additional places are offered to families; the form for Change of PAN (Appendix 1) must be completed and returned to the DDE. The DBE will require evidence that the school has considered issues related to basic need and the viability of other local schools before con- sent consent to change the PAN will be granted. •  Maintaining church school buildings: Governors of church schools have a responsibility to ensure that they know who owns their land and buildings. They have a further responsibility, on behalf of the owner, to ensure that all school buildings are maintained and remain in a good state of repair. The DBE will request submission of the governing body’s annual maintenance schedule and may carry out routine building inspections. The owner’s consent is required before changes can be made to the structure of church school buildings, or, before additional building work is carried out on land owned by the Diocesan Board of Finance (DBF). Further details are included in the Protocol for gaining appropriate consent for works to be carried out on Church of England school / academy buildings in the Diocese of WorcesterWorcester (Appendix 2). The Building Works consent form (Appendix 3) must be completed and returned to the DDE before any work to alter or extend the footprint of a Church of England school or academy can commence, or, before any new external structures can be erected on the site of a Church of England school or academy. Written confirmation of receipt and consent (where appropriate) will be provided by the DDE, on behalf of the DBE. •  Nursery or pre-school provision: DBE consent is required before a school may open governor-led nursery or pre-school provision. As above, the DBE will require evidence of need in the local community and sight of the governors’ business plan. The Proposed Change of Age Range form (Appendix 4) must be completed and returned to the DDE, before approval of any nursery or pre-school provision will be granted. Diocesan agents will be required to carry out legal work (the fees for which the school will be liable) before lease, or rental agreements are confirmed. Additional legal fees may be incurred because the diocese may need to speak to external parties on the behalf of schools / academies. •  Reappointment of foundation governors: It is the responsibility of the Clerk to Governors to notify governors of their term of office and the date on which their term comes to an end. Unless a reappointment form and associated documentation (set out on page under Agreement One (p. 15)) are received for consideration by the DBE before a foundation governor’s term of office expires, on expiry the governor in question must be temporarily removed from the governing body. Governors in this position will not have access to any of the business of the governing body until the DBE has approved the reappointment. In line order to fulfil the functions of the DBE Measure in relation to the provision of ‘education which is consistent with the DfEfaith and practice of the Church of England’, the DBE makes an annual request in the summer term to schools for performance data. It is the responsibility of governors to ensure that this annual data return is submitted to the DDE or Deputy Diocesan Director of Education (Deputy DDE) by the headteacher within the timeframe requested. The DDE and the Deputy DDE use the information provided by schools, as well as publicly available school performance data, to prioritise the support that the DBE is able to offer to schools in the next academic year. WDAT acts on behalf of the DBE in its work with academies and multi academy trusts. Academy Trustees should contact the EOE for information on whether they require DBE or WDAT consent for the aforementioned activities. Diocesan consent for such activities is still required for stand-alone academies and academies which are part of a multi academy trust (MAT). WDAT will be a corporate Member of any MAT within which there is a Church of England school and appoints any further Members who are required, in order to take its representation to a maximum of 25%. As a corporate Member, WDAT has the responsibility to present the views of the Church of England in general and the Diocese of Worcester in particular, when discussing and setting the vision and the direction of the Trust. These views are set out in the Church of England’s Vision for Education, and in the Worcester DBE’s Vision Statement.. Members appointed by WDAT have the same responsibility. WDAT maintains communication with and offers support to individuals who represent it as a Member of a Trust. WDAT may, at any time, remove Members whom it has appointed and replace them. In order to retain the governance structure of a school as it was prior to academisation (i.e. either Voluntary Aided (VA) or Voluntary Controlled (VC)), WDAT appoints either 25% of the Trustees of a MAT which has a former VC school, or the majority of Trustees of a MAT which has a former VA school. Trustees do not reap- point represent the views of WDAT, or of the Church of England in the same way as Members. However, they are expected, if appointed by WDAT, to faithfully present on its behalf, views which are commensurate with what is deemed to be a Church of England education. Details of this can be found in the most recent SIAMS Schedule, as well as in the Church of England’s Vision and the Worcester DBE’s Vision Statement. If Trustees appointed by WDAT do not contribute in this way to the governance of the Trust, it is possible that they will be removed by WDAT. VC schools are able to join MATs on which WDAT has 25% representation at both Member and Trustee level. Further details are set out in the DBE’s Policy for Academisation and can be discussed at any time with the DDE. Local Governing Bodies or advisory Boards of academies are to reflect the constitution of the former VC or VA school. WDAT has a responsibility to monitor academic standards and matters relating to the Christian distinctiveness of all Church of England academies in the Diocese of Worcester. The data return form for academies, therefore, is issued by WDAT rather than by the DBE. The WDAT Board uses the information in the data return to prioritise the support it is able to offer to academies in the next academic year. School governors beyond two terms of office unless make up the largest voluntary organisation in exceptional circumstances laid the UK. The work carried out by individual governors and full governing bodies is central to the Chair oreffective running of schools, in and the case accountability inherent of the Chairculture within which governors work is significant. This accountability is enacted by the Department for Education (DfE), Ofsted, SIAMS, local authorities, and by DBEs, and can lead to the Headteacherincreased flourishing of members of school communities. However, accountability can also bring pressure and within education, expectations of those in positions of governance are high.