The Court of Appeal decided in R ota Cardinal Vaughan Memorial School v Archbishop of Westminster [2012] PTSR 291 that reg 18(1)(e) of the School Governance (Constitution) (England) Regulations 2007 allowed the foundation body of a voluntary aided school to appoint, amongst the complement of foundation governors, parents of former pupils as part of the “pupil parent” group of foundation governors. That decision has now been reversed by reg 2 of the School Governance (England) (Amendment) Regulations 2012. Parents of ex-pupils can now be appointed as foundation governors as part of the “pupil parent” group only when in the opinion of the foundation body it is not reasonably practicable to appoint parents of current pupils who could properly undertake the role.

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