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Lessons we can all learn when governance fails

| 15 minute read
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In March 2023, a Norfolk junior school hit the headlines when a video of its headteacher resisting arrest on the school site went viral. He was later jailed for harassing a member of staff.

The Department for Education (DfE) asked Helen Wardale, the lead for School Governance at Norfolk County Council, to step in and support the board as there were some concerns about the effectiveness of the trust board.

We spoke to Helen about what she uncovered at the school and the lessons all of us in governance can learn from this very difficult situation. 

Firstly Helen, please can you explain how you came to be involved with the school?

Well, the headteacher of the junior school, who was also its CEO because it was a single academy trust (SAT), was arrested on the school site in front of parents and pupils in March 2023.

Staff and the community had witnessed this difficult scene and 150 pupils were removed that day as parents and carers were concerned about the police presence around the school. 

I was then approached by the DfE to see if I could support the governance of the trust and about four or five days after the arrest, I joined an extraordinary trust board meeting to offer advice and support. 

The board needed to urgently instigate an HR process for the headteacher until an investigation had taken place due to the nature of the situation and the arrest on the school site. When I pushed on this, the trustees said they wouldn’t do this because the headteacher was ‘innocent until proven otherwise’. I had to explain that there is an HR process that needed to take place regardless of the outcome of the police investigation due to the very public nature of the arrest, the fact the press were involved and the disturbance to the local community. The person at the centre of the allegations also needed space during the police investigation - it’s better for everyone involved. 

This led me to asking what training the trustees needed and whether they were aware of their roles and responsibilities. A number of them felt they needed more support and asked if I knew of a new chair who might be able to step in. The existing chair was related to a member of staff. 

It was clear that governance needed a lot of work, not just to become effective but also for the trust to meet basic statutory duties. I spoke to the DfE and we agreed that I’d take on the chair role myself as we felt it was better to have the protection of the local authority in such a high profile case. 

I put this forward to the existing chair who resigned immediately and then I emailed the rest of the board and the members of the trust. As a standalone academy trust, the members had a role here too (members sit above a board of trustees, similar to a company’s shareholders in relation to its board of directors).  However, the members were not enabled to carry out the role properly due to a lack of understanding of their role and responsibilities. They didn’t have any annual general meetings as required and didn’t seem to know what their role was. 

One of the first things I did was ask to meet the members and explain what was happening. The trust board then voted me on as chair and within days, I was able to get to know the trustees and begin the work of rebuilding an effective governing board.  

As soon as I was chair of the trust board, I became the headteacher’s employer/liaison person - not just with the police - but for the HR processes that needed to take place. I was also able to manage the intense media interest and be the front for any enquiries. 

What happened when you went into the school itself for the first time?

The first day I went into the school was probably one of the most difficult days for everyone as the staff and pupils were still managing their own emotions around what had happened in the last few weeks. The ripple effect of what had happened was incredibly difficult for staff and the future was uncertain for many. Many had been influenced considerably and controlled by the CEO/headteacher and were upset and worried about him. It was not only a governance issue to put right but the culture of the institution was a problem. Staff needed to be supported around the absence of their leader and the after effects of the arrest and potential changes that they were facing.

A few  days after the arrest, Ofsted also completed an unannounced inspection. I was fortunate that although the feedback was given to the school assistant headteachers as I was yet to become chair, the lead inspectors agreed to meet with me once I was chair to deliver the feedback personally, so I knew what the challenges were in terms of school improvement. The unannounced inspection graded the school inadequate and discovered serious failings. 

It was really difficult to hear how awful the children's education had been. The broad and balanced curriculum was non-existent, there was a lack of curriculum design and no subject leadership in school. 

What were the first actions you needed to take in terms of governance?

We needed to become legally compliant in the first instance. The trust board meetings hadn’t been happening in an appropriate way - they were more like committee meetings so I created a formal meeting structure.

Then we needed to get the right people around the table. I was blown away by the offers of support from the local community and from other schools and trusts. Two community members stayed on which has been important for continuity.

Next, we got an independent governance professional in place. We started the work on compliance, an important step for effective governance. The statutory policies and procedures were put in place where they didn't exist previously and the school website and other legal expectations of the board were updated as quickly as possible. By late April, we were ready to start resetting the governance.

Meetings took place monthly at first and I also created an independent school improvement group which consisted of experienced educational professionals from the area who could hold the board to account for the improvement in governance that was needed and the Ofsted areas for improvement. This was an important check and balance for a standalone academy trust. 

The board also commissioned a number of external audits to assure ourselves of what was going on and to gain an up to date picture of the school. We had a full safeguarding audit, a SEND review and a health and safety audit to name just a few. We also called a number of experts into the school to give us up to date advice on the changes that were needed.

How had decisions been made under the previous governance structure?

Decisions had been made without any of the appropriate scrutiny. The school had a large financial surplus. It was also one of the biggest, most well-equipped schools I’ve ever set foot in. I’d never seen anything like it. There were themed classrooms, corridors and libraries. It was more like a theme park than an educational environment. A large amount of money had been spent on just one corridor alone, for example to give the pupils an immersive experience. The school environment was an attack on your senses, everywhere was colourful with music and sounds playing, there were very few quiet and calm spaces for pupils.

Where did all of the money come from?

The majority of staff were early career teachers (ECTs) who are much less expensive to employ. There was very little depth of experience amongst staff and this was also an issue that the Ofsted inspectors raised.

Staff turnover was also very high which might have raised an alarm if governance had been effective and monitoring had been completed. The board might have queried why all the new employees at the school were young, straight out of university and that many of them also left pretty quickly.

To amass such a large surplus of public money is shocking. And yet the culture of spending in the school was equally shocking. It wasn’t about the children’s educational needs but about their experiences, lots of school trips, celebrations etc. It was about giving them a good experience which was rarely aligned to the curriculum or learning. For example, in most terms the pupils had elaborate themed days and were often given gifts, that Easter the children received an Easter basket filled with chocolates and gifts. And during the Easter assembly a balloon art installation had been purchased for a large amount of money which was common practice at such events. The board had to question what was going on - why is money being spent on such things?

The response was often, ‘Well that’s what we do here’. In the year that I was chair of the trust, that phrase must have been said to me many, many times. There was no proper investment into books or curriculum resources that I was aware of.

When did the trust receive its notice of termination following the inadequate Ofsted?

The trust received a notification of termination in May following the inspection in March which had found serious failings. My role was to navigate the process. The school doesn’t have a choice around the trust it joins in this situation but it does have a voice.  

The multi-academy trust that ended up taking over the school was actually the first to knock on the door and offer to help in the days after the arrest. I know it’s just a small thing but the trust delivered some food gifts for staff in that first week. That gesture went a long way during a crisis. The trust was also able to provide a new, part-time executive leader. I was pleased to be able to voice the value of that working relationship to the Regional Schools Commissioner whilst the decision making process was completed as to the most suitable MAT for the school. 

It was hard for the senior members of staff - those who’d been most influenced by the CEO/headteacher. They were bearing the brunt of the dramatic changes. There was a lots of emotion and reflection. We had to help them come to terms with what had happened and to adjust to new ways of working, particularly working for a very different style of leadership and developing trust in the new executive leader.

The culture will take a long time to get past. It was very entrenched. The CEO/headteacher had been there for 16 years and led in a certain way, putting the staff and governors/trustees that he wanted around him.  

How was it that previous Ofsted inspections had rated the school as good?

That’s a difficult one to answer. This was a very, very charismatic person and he’d got to this level of seniority in his career because of that. I imagine that he commanded himself in such a way that, when Ofsted came calling, they were also shown the positive side of school life being well resourced for example. 

What’s happening with the board now?

The school is now part of a multi-academy trust and they have local governance arrangements in place. Two trustees have stayed on as local governors, which is great for continuity for the community and there is a well respected and experienced chair in place. The same Executive Leader is still in charge and there’s a Head of School now and the pupils are thriving. It's a success story, really. 

However many of us who were involved have faced harassment from the headteacher online. He tried to humiliate us online and discredit us, the CEO of the MAT and the lead Ofsted inspectors as well as myself were the main targets of his online harassment campaign. He has since been convicted of further online harassment as a result of this behaviour. 

What lessons can those of us in governance learn from this situation? If you’re a governor or trustee reading this, what should you take away?

Well I think there are probably several lessons to be learned here.

1. Triangulate the information you receive

When you are told something by a leader or a headteacher, triangulate that information if you can.

  • Why was there no financial benchmarking of staff salaries taking place?
    (GovernorHub Knowledge guidance: How to use financial benchmarking)
  • Why was the school so cash rich?

The board should have been asking why so little of the budget went on staff salaries. That in itself should have raised questions.

  • Why is public money being stockpiled?
  • Why is there very little experience within the teaching workforce?
  • Why are so many of the staff young and inexperienced?

2. Training, induction and board reviews matter

Every other year a board should evaluate its impact. A board should have up to date training particularly in Safeguarding. A board should provide induction for its members. Some of the volunteers who were approached to sit on the board were literally told that the role was to nod through the CEO/headteacher’s wishes. 

(GovernorHub Knowledge guidance: Training for governors and trustees)

3. Consider conflicts of interest. A CEO should not be a safeguarding trustee

The CEO/headteacher had nominated himself as safeguarding trustee. How? I always advocate in my work with boards that the CEO should not be a trustee. I think it's really important to be able to have discussions without the headteacher always present should the need arise. There's currently no legislation in place to mandate this but the board sometimes needs to talk without the CEO there. 

If an objective safeguarding trustee had reviewed the setup of the school building, it would have been immediately clear that the building did not comply with Keeping Children Safe in Education regarding the premises. For example there was no line of sight into many classrooms due to doors being covered, the headteacher’s office was tucked away and the doors were also obscured. There were dark and hidden places all over the site - including aspects of the libraries. I was very unpopular initially as I tried to open many of these areas up. We have to learn lessons from serious safeguarding case reviews, such as that of jailed headteacher Nigel Leat, which recommended that ‘classrooms should have non-covered internal windows’ in order to create a safe environment for pupils and staff.

An effective safeguarding trustee would have picked up that things were not right. In addition, they would have asked staff about whether they think the Whistleblowing policy is effective and whether they’d use it if they needed to and have confidence in the use of it.

(GovernorHub Knowledge guidance: Safeguarding: role of the link governor)

4. Take advice from your experienced governance professional

This role was filled by a staff member but they didn’t have the knowledge or experience to manage the work of the board or provide the appropriate legal advice. If you’re currently working on a board without a dedicated governance professional, this is certainly something to review. This person should have a robust job description and an annual performance review. They act as a legal advisor and should be able to provide appropriate objectivity and guidance to the board. 

(GovernorHub Knowledge guidance: The role of the governance professional)

6. Adhere to policies and procedures, don’t just nod them through

The school's policies and procedures should have been adhered to. The victim tried to use the Whistleblowing policy but the guidance wasn’t followed. She raised it with her line manager and the concern was not escalated or procedure followed. Equally with the chair, they did not manage the process and seek independent support with the matter. That’s what led the victim finally to go to the police and the rest is history.

With policies and procedures it is not about sitting there and nodding them through. It's about asking, are they being implemented? And are they robustly implemented? They’re there to help everyone. 

(GovernorHub Knowledge guidance: Reviewing policies: questions to ask)

7. Keep an eye out for anomalies such as high staff turnover

I wish people had spoken up before. If a school or trust’s staff are coming and going quicker than you’d expect in an education setting - start to investigate. Exit interviews can be held. In this setting, an exit interview might have revealed that people felt uncomfortable about the CEO/headteacher’s behaviour towards adults and children. A lot of people have spoken up since but weren’t prepared to say more or do more at the time for fear of reprisal. 

(GovernorHub Knowledge guidance: Exit interviews for staff)

Will there be a serious case review?

I don't think so. There may be some review of how it happened and perhaps we can reflect on that but serious case reviews need to meet a certain threshold and this was a case of adult on adult harassment not involving harm to children. 

You’ve mentioned the phrase ‘That’s just how we do it here?’. It’s a phrase I know from safeguarding training.

And that phrase came up again and again. No teacher had been outside of school to visit another school for years. They weren’t allowed to go to CPD events, to network or share good practice. Everything was very insular. There was no idea for many of those staff what it’s like to be in a normal school. If you didn’t like it - you just left.  

It's still very difficult for staff because of the after effects of what the CEO/headteacher did and the way he managed and led has taken its toll on lots of people in many different ways. The court case was difficult not only for the victim but also other members of staff who were called as witnesses. 


Helen Wardale was awarded an MBE for services to education in the New Years honours list.


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Comments

  • George Constantinides 3 Feb 2025, 07:29 (7 days ago)

    First thing I thought was "I bet it was a SAT", to be confirmed in one of the first few paragraphs. I know there are great SATs out there, but they really are an anomaly when it comes to oversight. It's great that Helen was able to help sort this mess out, but extremely worrying that this process only kicked off as a result of such extreme circumstances. We need structural reform to avoid letting kids down when governing bodies are not following the advice Helen provides.

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  • mohammed khan 31 Jan 2025, 09:24 (10 days ago)

    Excellent article and it should serve many professionals to ask the question how are we doing, do any of these events sound familiar in our setting?

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  • Richard Llewellyn-Davies 30 Jan 2025, 20:32 (11 days ago)

    This is an excellent article, which demonstrates the role of an effective Board in a manner that's clear and tangible. However, I was left with the impression that anyone challenging the behaviour of this Headteacher/CEO would swiftly have found themselves being bullied out of the Governing Board, and they would not have been supported by their (hand picked) fellow Governors. I wondered where someone in this situation could turn, especially where the school is a Single Academy Trust with little relationship to the LA and no effective members holding the Board to account. Who would the would-be whistle blower turn to?

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  • Alan G McDougall 30 Jan 2025, 12:50 (11 days ago)

    A very honest and useful account of the importance of governance. As pointed out, the key is to ensure that the right questions are asked, that information is triangulated (and not just from one source, eg the Headteacher/CEO) and that first hand evidence is sort (school visits etc).

    I.e. We don’t let anyone pull the wool over our eyes!

    As a Trustee/Governor in schools for over 40 years my underlying question to everything would be:

    How does this improve the education of our children?

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  • Sharon Shaw 30 Jan 2025, 08:26 (11 days ago)

    Very interesting read. Thankfully I'm not in a Trust where this type of behaviour/poor governance practice exists, however Helen's story serves as a reminder of why governance is a key function and why it needs to be well managed and understood by all involved.

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