Governance and safeguarding: the responsibilities of a trustee
In this article, associate Erin Smart explores the legal, ethical, and practical responsibilities of trusteeship within a local pre-school, with a particular focus on safeguarding and governance.
Drawing on her experience, she reflects on how these duties translate into day-to-day oversight and decision-making.
The role of a trustee
As a solicitor and trustee of a local pre-school, my role carries both legal and moral weight. Trusteeship is not a ceremonial position; it is an active responsibility that requires diligence, integrity, and a constant awareness of the trust placed in us by children, families, staff, and the wider community. In my case, with a particular focus on safeguarding, these responsibilities are especially significant.
At its core, the role of a trustee is to ensure that the organisation operates in accordance with its governing document and applicable law, while pursuing its charitable objectives effectively. This includes strategic oversight, financial stewardship, and accountability. As a solicitor, I am acutely aware that trustees must act in the best interests of the charity at all times, avoiding conflicts of interest and exercising independent judgment.
Trusteeship in an early years setting
However, in the context of a pre-school, these general duties take on a more immediate and human dimension. We are entrusted with the care and development of very young children, many of whom are experiencing structured education for the first time.
Safeguarding responsibilities
My safeguarding responsibilities involve ensuring that robust policies and procedures are in place, regularly reviewed, and effectively implemented. This includes child protection policies, safer recruitment practices, staff training, and clear reporting mechanisms for concerns. It is not enough for these documents to exist; they must be embedded in the culture of the setting. I see part of my role as asking the necessary, and sometimes uncomfortable, questions.
Oversight also extends to ensuring compliance with relevant statutory frameworks and guidance. This includes monitoring adherence to safeguarding legislation and early years standards, and ensuring that any incidents are managed appropriately and transparently. Working in education law helps infinitely with staying current in respect of new DfE guidance and legislation changes that may impact on the pre-school.
Balancing support and scrutiny
Another key aspect of my role is balancing support and scrutiny. Trustees must not interfere in day-to-day management, but we are responsible for holding leadership to account. In safeguarding matters, this balance is particularly delicate. It requires trust in staff professionalism, coupled with a willingness to challenge where necessary.
The ethical dimension
Finally, there is an ethical dimension to trusteeship that goes beyond compliance. Safeguarding, in particular, demands vigilance, empathy, and a commitment to continuous improvement. As a solicitor, I can bring some relevant professional experience to my role, but as a trustee of a pre-school, I am equally aware of the importance of supporting the local community and ensuring there is access to good quality early years education to some of the youngest children.
In summary, being a trustee (especially one with safeguarding responsibility) is a role that requires careful judgment, active engagement, and unwavering commitment. It is both a privilege and a responsibility, and one that I approach with the seriousness it deserves.
Get in touch
If you would like to speak with a member of the team you can contact our education law solicitors on +44 (0)20 3826 7528 or complete our enquiry form.