Academy Directors and their duties matter

This is a short blog. I thought it would be good to remind ourselves that although we are volunteers, we have various duties  placed upon us. Academy governors are company directors and therefore need to comply with Company Law. They are also charity trustees so need to comply with Charity Law too. Then there are the seven principles of public life.

Trustees’ Six main duties

  1. Ensuring that the charity is carrying out its purposes for the public benefit
  2. Complying with the charity’s governing document and the law
  3. Acting in the charity’s best interest
  4. Managing the charity’s resources responsibly
  5. Acting with reasonable care and skill
  6. Ensuring the charity is accountable

Duties of Directors under the Companies Act 2006

  1. Duty to act within powers
  2. Duty to promote the success of the company
  3. Duty to exercise independent judgment
  4. Duty to exercise reasonable care, skill and diligence
  5. Duty to avoid conflicts of interest
  6. Duty not to accept benefits from third parties
  7. Duty to declare interest in proposed transaction or arrangement

 Seven Principles of Public Life: Nolan Principles

Selflessness
Holders of public office should act solely in terms of the public interest.

Integrity
Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

Objectivity
Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

Accountability
Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

Openness
Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

Honesty
Holders of public office should be truthful.

Leadership
Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.

 

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