The Circle Trust will always hold governance in the highest esteem. As a Trust, we will always act in the best interests of our children and young people.
Our Governance
The Circle Trust is a single legal entity. It was created by Members and is overseen by Trustees. Everyone in these roles commits to act within the Nolan seven principles of public life which are:
Acting solely in terms of the
public interest.
Avoiding obligations to outside individuals or organisations that might seek to influence them.
Making decisions based on evidence
and without bias.
Being accountable
for decisions and actions.
Being transparent and
providing information.
Being truthful
and straightforward.
Setting an example and
promoting these principles
Members
Members are the most senior tier of governance in the Trust. The Circle Trust like all trusts is a charitable company limited by guarantee. In effect, it was the Members who signed to create the company named The Circle Trust and were the first signatories for and agreed the Trust’s Articles of Association. Articles of Association describe how a Trust is governed; for example, it sets out how many Members and Trustees there will be. A Member may not be an employee of the Trust. Members are the “guardians of governance” in the Trust. They have a distinct role and as such, they do not duplicate the functions of the Trustees. Members’ responsibilities include:
- signing the Memorandum of Association and agreeing the Articles of Association
- determining the name of a Trust
- appointing Members and Trustees
- appointing and removing Auditors. Independent Auditors certify whether the accounts present a true and fair view of the Trust’s financial position and performance. The contract between the Trust and Auditors must be set out in writing and includes the right for Members to remove the Auditor at any time. The decision to remove an Auditor requires a majority vote from the Members who will also need to give their reason for the removal and present these to the Trustees. Members are entitled to receive a copy of the signed Annual Accounts and Report. Whilst Members receive these Accounts, the Trustees sign-off the accounts.
- meeting once a year which is usually at the AGM
- dissolving the Trust, if appropriate
Crucially, Members do not tell Trustees how to run the Trust, they do not set the Trustees’ priorities, attend Trustee meetings or have a voting right at a Trustee meeting neither do they appoint, or performance manage the Chief Executive Officer (CEO). Instead, Members monitor the work of the Trustees by hearing directly from the Trustees at the AGM, receiving the annual accounts and report, which includes review of the work and plans going forward. Arguably, one of the most important responsibilities of Members is the appointment of Trustees. If the Trust is not achieving its purpose, the Members might consider this to be because the Trustees are failing to carry out their cuties. If this is, the case Members may remove Trustees. So, in essence, Members have an “eyes on but hands off” role and ensure that the vision and values of the Trust are upheld. They are tasked with assessing if the Trustees are performing well by ensuring that the purpose of the Trust is being met, and its charitable objects are being fulfilled.
Trustees
Trustees on the other hand have a very significant “hands-on” legal responsibility for the Trust. Trustees are the Trust’s key decision makers. The role of Trustee comes with specific legal responsibilities, which include:
- ensuring the organisation remains solvent and spends money in accordance with its charitable objectives
- ensuring the schools in the Trust provide a good standard of education
Trustees are responsible for adhering to the Master Funding Agreement which can be found. The Articles of Association sets out the constitution of the Trust as agreed by Members; the Trustees are accountable for The Circle Trust’s Scheme of Delegation. The Scheme of Delegation details where Trustees delegate their authority to others, including the Chief Executive Officer and Headteachers to whom the Trustees delegate much of their powers and functions with regard to the leadership and performance of each school in the Trust. However, notwithstanding this delegation, the Trustees retain the legal accountability for the operation and performance of all schools in the Trust and for any decisions taken under delegated authority. Trustees are mainly appointed via interview and by reference to a skills matrix with a view to ensuring they have the right level of expertise in key areas such education, finance, business, legal and HR.
Trustees have established our Resolution Circle, which as the name suggests is to hear and determine panels and processes when they are needed under certain Trust policies, as for example to consider a permanent exclusion or complaint. The Resolution Circle is made up of people who are part of the schools’ community and have had considerable experience in governance. Alongside this the Trust is establishing a range of stakeholder groups, specifically: Staff Circle, Pupil Circle and Community Circle. These groups meet during the year and are a space for the Trust to share its work, to listen to stakeholders’ views and to build strong positive relationships. Following a consultation and review of governance Trustees have determined that the board will have in the future two elected parent Trustees and these elections will take place during the academic year 2025 to 2026.