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Governors' and trustees' personal liability

If you act honestly, reasonably and in good faith, you'll generally be protected from personal liability. Get to grips with the unlikely circumstances where you could be held personally liable, and whether you need liability insurance.

Last reviewed on 7 February 2025
School types: All•School phases: All•Ref: 3860
Contents
  1. Governors and trustees are "generally protected" from personal liability
  2. Circumstances when a governor or trustee may be personally liable
  3. Governor/trustee liability insurance

Governors and trustees are "generally protected" from personal liability

Although the board is legally responsible for the conduct of its school(s), individual governors and trustees are "generally protected" from personal liability. 

As long as you act honestly, reasonably and in good faith, you shouldn't be held personally liable. 

This is explained in section 2.6 of the maintained schools governance guide and section 6.7 of the academy trust governance guide.

Chairs and vice-chairs aren't more liable than others

The Department for Education (DfE) told us that all governors/trustees are equally protected from personal liability.

Liability beyond period of office

If a governor/trustee hasn't acted in good faith, it's uncertain how long they'd remain personally liable – it will be judged on a case-by-case basis. The DfE explained this to us.

Circumstances when a governor or trustee