Understanding the Role of a Pre-School Committee
Nurseries and preschools come in all different shapes and sizes, and we are not always aware of how the governance that sits behind the setting can really affect our children. Some settings are part of a wider school or academy structure; some are profitable companies; and then there are pre-schools that are governed by committees.
In this blog, we consider pre-schools run by committee and how important it is for managers to help their committee members understand the duties and responsibilities of their role, so that together, they can achieve the best they possibly can for the children within their care.
What is a pre-school committee?
A pre-school run by committee is effectively a charitable trust – this is a legal structure that means that committee members are “charity trustees” with “fiduciary duties”.
What is a charity trustee?
Charity trustees are people who share the ultimate legal responsibility for the running of the charity, or in this case, the pre-school. Trustees are known as many different things – the Board, Council, Committee, the list goes on, but crucially, they are the same thing.
The legal position for trustees is mainly enshrined in the Trustee Act 2000 as applicable to England and Wales. All trustees “volunteer” their role – that is to say, unless they are a qualified professional, such as an Accountant or Solicitor, they are not legally allowed to charge for their time and are only entitled to reasonable expenses as stated in section 95 Trustee Act 2000. So, when parents are asked to volunteer to sit on a pre-school committee, they may not necessarily understand the legal reality of what they are being asked to take on. They may innocently think that to be asked to volunteer means helping out occasionally or signing the odd document. In short, there is a real danger for uneducated committee members to think that these fiduciary duties are mere formalities.
What are fiduciary duties?
Fiduciary duties are two-fold – they are both legal and ethical duties, where a person takes on the legal responsibility to act in the best interests of another. It requires a relationship of trust and confidence, and trustees are liable for life for the period they serve in their role.
As recent scandals warn, this role must be taken seriously. We have all probably heard of how in 2015 the charity Kidscape folded amid allegations of child abuse and misspent public money and as pre-school settings, we are sure we don’t want the same to happen to us.
How to help your committee members (and ultimately you!)
As with every charity or pre-school committee, you are ideally looking for trustees who will give you as managers the strategic support and advice you need to ensure your setting continues to progress and to help you achieve your vision. So, what can you do? Below are our 5 suggested steps to building the right committee.
1. Carry out a skills audit of your committee
A good first step would be to carry out an audit of the committee you have as to highlight skills gaps that you need help with – do you need someone with legal expertise? Do you need someone with an HR or education background? Or perhaps a parent who simply has the right attitude to take on the training you need?
Having a diversity of people and skills is crucial to effective decision-making and avoids the traps of “groupthink”. You want to approach your volunteers carefully, as to surround yourself with good creative thinkers who challenge each other constructively and healthily for the benefit of the children, and who have your and the children’s best interests at heart.
2. Do your research – network!
Finding people who know how to balance giving you the support you need, but without becoming overly involved in the day-to-day requires careful planning. So, get to know your parents, network and think carefully about who you approach for your committee before you ask. Do your homework before you ask!
3. Education
So, you think you have found your person. Before you approach them, make sure you understand for yourselves what the key duties are for a trustee. This will help you work out if the person is truly suitable for the committee.
The charity commission has some great guidance that both you and your committee can use – CC3 is probably the most relevant with the six key duties outlined here:
1. Ensure your charity is carrying out its purposes for the public benefit
2. Comply with your charity’s governing document and the law
3. Act in your charity’s best interests
4. Ensure your charity is accountable
5. Manage your charity’s resources responsibly
6. Act with reasonable care and skill
4. Draw up an agreement at the outset
It would be worth drawing up a committee member agreement at the start of the relationship outlining your expectations of their level of commitment and providing some pointers on how they can best help you. Making the boundaries clear between what strategic and operational support you need from them could really help manage the committee’s expectations and it’s good to fall back on when it has been clearly written at the outset.
It is good practice to build in a time limit on how long someone can serve or even a termination clause just in case circumstances change and so no one person has too much control.
5. Communication and training
As with everything, being in regular communication is important, but be balanced about what is shared. Regular training sessions for trustees is also crucial – charity regulations are ever-changing and there are many free events and resources out there for committee members and managers to access, so we would encourage everyone to look out for those opportunities.
In summary, the role of the pre-school committee is to govern the setting; provide strategic advice and support to managers; and to act in the best interests of the children. It is both a legal and ethical role, and managers would do well to educate themselves in what the trustee duties are. Managers should get to know prospective members before making an approach, so they can best recruit the committee that will in turn support them.
If you are interested in any training for your setting or committee in terms of what’s required of them, then please contact pauline@growingtogetherearlyyears.co.uk.
Written by Susan Hughes
Company Director