Background and Purpose
These Regulations (the “2024 Regulations”) amend the Government of Maintained Schools (Training Requirements for Governors) (Wales) Regulations 2013 (the “2013 Regulations”) which set out the training requirements for governors of maintained schools in Wales.
Specifically, the 2024 Regulations:
· update the training requirements for chairs of governing bodies, and the induction training for new governors;
· provide that governors and chairs of governors will not have to do the new training if they have completed the training previously required by the 2013 Regulations; and
· remove potential ambiguity in the 2013 Regulations by making it clear that local authorities must provide the relevant training free of charge.
Procedure
Negative.
The Regulations were made by the Welsh Ministers before they were laid before the Senedd. The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.
Technical Scrutiny
No points are identified for reporting under Standing Order 21.2 in respect of this instrument.
Merits Scrutiny
The following two points are identified for reporting under Standing Order 21.3 in respect of this instrument.
1. Standing Order 21.3(ii) – that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Senedd.
It is noted that no formal public consultation has been undertaken on the 2024 Regulations. The Explanatory Memorandum (“EM”) states that such a consultation is not required under the enabling power, but that:
“the Welsh Government consulted with local authority and regional governor support officers (“the group”) on the updated content of the training documents between 16 February and 8 March 2024, including discussion at a governor support officers network on 22 February 2024.
Draft amendments to the training documents were shared with the group and comments were invited on the appropriateness of the changes.
Those local authority and regional officials with responsibility for providing training to school governors provided limited, but valuable feedback and suggestions to improve the quality and content of the new training documents.”
2. Standing Order 21.3(ii) – that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Senedd.
It is noted that the Welsh Government undertook a Regulatory Impact Assessment (“RIA”) for the 2024 Regulations. The RIA is set out in paragraphs 16-28 of the EM.
It states that the need to review governor training requirements arose from recommendations by the Children’s Commissioner for Wales, the anti-racist organisation ‘DARPL’ and as a result of “several recent education reforms in Wales”. The RIA notes that the training requirements had not been refreshed since 2013. In relation to costs and benefits, the RIA states:
“There should be no significant cost or impact for local
authorities to implement and deliver these changes, but it will
require resource and time to ensure changes are made to training
materials. This will involve an opportunity cost since the changes
are expected to be made through current staff and budget. Local
authorities have not raised any concerns with the Welsh Government
with regards to delivering the new training requirements.
[…]
Governor support officers who provide training to school governors
were actively engaged with the drafting of the new training
requirements. It is therefore likely they will already be preparing
to amend their current induction training and training for chairs
in readiness for the new school year when the 2024 Regulations come
into force.
The new training requirements will not be more onerous or time-consuming for governors to undertake, so there will be no additional costs in this regard. […]”
Welsh Government response
A Welsh Government response is not required.
Legal Advisers
Legislation, Justice and Constitution Committee
29 August 2024