Commentary Part 3: Further Provisions about Maintained Schools Section 34: Parents councils for certain foundation or foundation special schools
158.This section inserts a new section 23A after section 23 of the 2002 Act.
159.The new section requires the governing body of foundation schools in England with a foundation which appoint the majority of governors to the school’s governing body to establish a parent council. The majority of members of the Council must be parents of registered pupils at the school (parent members). Persons other than parent members may only be members of a parent council where the parent members consent to them being members and appoint them as such in accordance with the regulations. The purpose of the parent council is to advise the governing body on matters relating to the conduct of the school, and the governing body’s exercise of their powers to provide community facilities etc (under section 27 of the 2002 Act).
160.Regulations may set out more detail about the membership (including election/appointment arrangements; eligibility and duration of membership and the meetings and proceedings of parent councils), and may confer functions on the governing bodies of the schools to which the section applies. The governing body in exercising their functions under the section must have regard to any guidance issued by the Secretary of State.