Instrument of government: model and checklist
Save time by downloading our model instrument of government for maintained schools. Use our checklist to feel confident when reviewing your own.
- Key facts
- Download our model policy
- Use our checklist
- How to create an instrument of government
- How to change an instrument of government
Key facts
- This document is statutory for maintained schools
- Pupil referral unit (PRU) management committees also have instruments of government, but it's the local authority's responsibility to create them
- Your governing board will prepare and approve the instrument of government
- Your local authority (LA) is responsible for 'making' the instrument of government
- It should be reviewed annually
Our model policy and checklist are based on requirements set out in The School Governance (Constitution) (England) Regulations 2012 and in Annex C of statutory guidance from the Department for Education (DfE).
Download our model policy
Adapt it to suit your school’s context when creating your instrument of government, or use it to benchmark your own.
Model_instrument_of_government
Use our checklist
Review your instrument of government with confidence with our checklist.
KeyDoc: instrument of government checklist
How to create an instrument of government
- Your governing board drafts the instrument
- Foundation governors, trustees or appropriate religious bodies approve it (where relevant)
- Your board submits the instrument of government to your local authority (LA)
- Your LA checks the draft instrument complies with the legal requirements
- If it does comply, your LA will ‘make’ the instrument
If you don't have foundation governors
If your LA isn't satisfied with your instrument of government, it must inform your board and give you the chance to reach an agreement on a revised draft. If this isn't possible, your LA will produce a final draft, and 'make' the instrument of government.
This is set out on page 26 of the DfE's guidance.
How to change an instrument of government
Follow the same process you used to create it (above).
If you don't have foundation governors
If your LA doesn't agree, it should give your board its reasons or propose its own variation (with reasons).
The varied instrument of government should record the date when the variation takes effect.
This is outlined on pages 26 to 27 of the DfE's guidance.