Education (No. 2) Act 1986

5 Appointment of parent governors by governing body

(1) The instrument of government for any county or controlled school, or for any maintained special school which is not established in a hospital, may provide that if at the time when the instrument is made, or at any later time when there is a vacancy for a parent governor—

(a) at least fifty per cent, of the registered pupils at the school are boarders ; and

(b) it would, in the opinion of the local education authority, be impracticable for there to be an election of parent governors;

the parent governors, or (as the case may be) the parent governor required to fill that vacancy, shall be appointed by the other members of the governing body.

(2) The instrument of government for every county, controlled and maintained special school at which parent governors are to be, or may be, elected shall provide for the required number of parent governors to be made up by parent governors appointed by the other members of the governing body if—

(a) one or more vacancies for parent governors are required to be filled by election ; and

(b) the number of parents standing for election as parent governors is less than the number of vacancies.

(3) Where, in the opinion of the local education authority, it is likely to be impracticable for there to be elections of parent governors at any maintained special school which is established in a hospital, the instrument of government for that school may provide for the parent governors to be appointed by the other members of the governing body.

(4) The instrument of government for any school to which this section applies shall provide for it to be the duty of governors —

(a) in appointing any parent governor under any provision made by virtue of this section—

(i) to appoint a person who is the parent of a registered pupil at the school, where it is reasonably practicable to do so ; and

(ii) where it is not, to appoint a person who is the parent of one or more children of compulsory school age;

(b) not to appoint any person as a parent governor, under any such provision, if that person is—

(i) an elected member of the local education authority ;

(ii) an employee of the authority or of the governing body of any aided school maintained by the authority ; or

(iii) a co-opted member of any education committee of the authority.