Frequently Asked Questions on Coronavirus (COVID-19)

Home > Knowledge Centre > Leaders & governing boards > Frequently Asked Questions on Coronavirus (COVID-19)

To give further clarity on matters arising from the government’s announcement on the potential wider re-opening of schools, we’ve answered some frequently asked questions which will be updated on a regular basis. These answers provide broad guidance rather than legal or procedural advice. For specific queries relating to your board’s own circumstances, please contact the GOLDline by emailing gold@nga.org.uk or calling 0121 237 3782.

How should information be shared between the Senior Executive Leader and the governing board?

School leaders and governing boards are currently working in difficult circumstances. However, it is important that governors and trustees are kept up to date with developments within the school.

As the Senior Executive Leader will be working hard to assess options and ensure the best decisions are being made for the school, children and its staff, regular full governing board meetings to feedback may not be possible. However, we would expect that regular contact is maintained with at least the chair of governors. To help ensure that the workload remains manageable for the chair, the vice chair could also be involved. This update can then be shared with the rest of the board. Any update amongst governors and trustees should be just that, an update and consideration of business such as the risk assessment should be left to governing board meetings.

How should governing boards engage with parents and carers?

Some parents and carers will understandably be concerned about how the decision to re-open schools will affect their child and so it is vital that they are given the opportunity to share these concerns and have their questions answered. Much of this will be done by the Senior Executive Leader who will also want to find a way of gauging the appetite amongst parents about their children returning to schools.

Governors and trustees are expected to retain their strategic role and so it is not expected that they proactively engage directly with parents and carers. However, some parents and carers may also look to the governing board for reassurance and so boards should consider supporting the communications from the school. This could involve the co-signing of a letter that goes out to parents.

What is the board’s role in overseeing the education provision provided for those not in school? 

Governing boards will recognise that the current circumstances mean that it is not possible for the work being provided to children who are not in school to replicate the learning they would normally undertake in school. However, governing boards should maintain oversight of this provision. We would expect that this is something discussed when the chair and/or vice chair catches up with the Senior Executive Leader but also something that will be reported on during board meetings.

When doing this, it is important to take into account the context of the community served by the school/trust and the range of needs of families; those governing should gain an understanding of the approach being taken to support parents and carers to help their children learn at home. This includes how teachers are maintaining contact with their pupils, supporting them in their work and managing issues relating to on-line learning. As well as fulfilling their monitoring role, it also provides an opportunity for governing boards to recognise and show their appreciation for the time and effort the staff are giving to overcoming the challenges presented by remote teaching and learning.

What is the legal liability for governing boards in relation to health and safety?

We appreciate that governing boards are concerned about personal liability in relation to their responsibilities towards staff, especially where the governing board is the legal employer of staff such as trustees in academy trusts and governing boards of voluntary aided schools.

However, the Governance Handbook is clear on the issue of personal liability:

The board is legally responsible for the conduct of its school(s). However, individuals are generally protected from personal liability. Provided they act honestly, reasonably and in good faith, any liability will fall on the board even if it exceeds its powers, rather than on individuals.

What is the governing board’s role in relation to the mental health and wellbeing of staff and children? 

The current situation in relation to Covid-19 has meant that so much in the lives of staff and children has changed so quickly. Governing boards should therefore seek assurances that procedures are in place for staff to speak to pupils, and where appropriate parents, about any concerns or anxieties they may have.

In relation to staff, governing boards should work with the Senior Executive Leader to identify ways in which staff can be helped. This could involve highlighting support services the school currently buys into. Where possible, flexible working could also be considered to help staff maintain a good work-life balance.

It is important that the Senior Executive Leader is not forgotten and so the board, or in practice the Chair, should encourage them to seek additional support and monitor their workload so it does not become unmanageable.

Further guidance on monitoring staff wellbeing can be found on NGA’s Guidance Centre

Are schools legally required to re-open? 

The request by government for schools to re-open in phases is not enshrined in legislation or statutory guidance and as such, there are no sanctions for schools who do not re-open.

However, the request is based on scientific evidence and government policy. It is reasonable to question that evidence and policy for its robustness, but that must be done in the light of other evidence. We urge schools to carry out a thorough risk assessment before reaching any final decision.