The legal responsibilities between types of schools
Some governing bodies, including all academies, have additional functions and responsibilities.
Depending on the type of school, they may own land, act as employers, admission authorities, or boards of charitable trustees and company directors.
Please see table below to help governors understand their school.
Legal Responsibility
| Which Type of School are you a Governor at?
| |||||
Maintained Community School | Maintained Voluntary Controlled School | Maintained Voluntary Aided School | Maintained Foundation School | Trust | Academy / Free School | |
Own Admissions Authority | No | No | Yes | Yes | Yes | Yes |
Employer of Staff | No * | No * | Yes | Yes | Yes | Yes |
Owner of Land and Buildings | No | No ** | No *** | Yes (usually) **** | No *** | In certain cases |
Revenue Funding | LA | LA | LA | LA | LA | Secretary of State |
Charitable Status | No | Exempt Charity ***** | Exempt Charity ***** | Exempt Charity ***** | No
| Exempt Charity ***** |
* While the LA employs staff, the governing body undertakes employer responsibilities
** In most cases the charitable foundation owns some or all of the land
*** Usually a charitable foundation owns the land and buildings
**** With a foundation - land and buildings are usually owned by a charitable foundation. Without a foundation - the governing body owns the land and buildings
***** An exempt charity is one that is not regulated by, and cannot register with, the Charity Commission
