The Education Act 2002 & School Staffing Regulations 2009 (as amended 2012 and 2013) Responsibilities for Governors in respect of Staff

What do the regulations cover What is required of: Governing Bodies Local Authorities Head Teachers Cover: Delegations LA Advice Appointments Performance Management Types of School LA Controlled Non LA controlled Diosesan

Regulations Must – No choice May - Choice Should – Must have regard to – ie should unless you have a good reason not to do so - Any reason not to do so can be challenged

Delegations General Governing Body must determine: Head teacher duties and entitlement Performance arrangements of head teacher Procedures for conduct and discipline of staff Ensure application of safer recruitment procedures Selection panels for head teachers and deputy Can delegate other areas to: Head One or more governors One or more governors and head Agree delegations and under what circumstances they will be removed Recommended delegated – staff appointments below leadership and all dismissals If not delegated to Head – right to attend and offer advice at all relevant proceedings

LA & Diocesan entitlement to give advice Community, voluntary controlled, community special and maintained nursery schools statutory entitlement to send a representative to all proceedings relating to selection and dismissal Advice must be considered when reaching a decision All advice and any decision made must be recorded Foundation, voluntary aided and foundation special schools trust does not have any statutory entitlement to advise on appointment and dismissal of teachers (including head teachers and deputy head teachers). Can do so by agreement

Appointment General Selection Process should be agreed at the start and fully documented Best employment practice should be followed and if not reasons why should be documented Safer recruitment should be followed Type of contract should be determined Safeguarding checks (safeguarding children and safer recruitment in education) must be kept Safeguarding training must have at least 1 panel member who has completed safer recruitment training

Appointment Head and Deputy Someone pending appointment must be appointed as acting head Academy trusts are free to appoint staff in accordance with employment law NCTL recruitment toolkit supports head recruitment -‘A guide to selecting and recruiting a new headteacher’. May ask for details about whether a headteacher or teacher at the school has been subject to capability procedures in the previous two years. - must provide this ( inc trust of any academy opened after April 2013) Due consideration must be given to discrimination legislation and best employment practice Advice from LA or Diocese should be considered ( slide 5)

Must notify LA of vacancy Must advertise the vacancy unless good reason not to do so and recommends seek advice before deciding Should consider appointment process - demonstrate acted reasonably Must send names of shortlist for Head to LA and any additional information LA may make representation where it believes a candidate is unsuitable In LA controlled the LA must appoint the person approved by Governing body unless they have failed relevant checks In non LA – may appoint the person recommended by selection panel

Teachers Same - rights to give advice, avoid discrimination, follow best practice, advertise and selection May delegate this function Recruitment of a teacher greater than 4 months must send a specification of the post to the LA Community, voluntary controlled, community special and maintained nursery - LA must appoint unless checks are failed

Appointment Support Staff Foundation, voluntary aided and foundation special schools, - responsibility of the governing body unless the governing body and the local authority have agreed that such appointments will be made by the authority Community, voluntary controlled, community special and maintained nursery schools. For existing posts must be on the scale of grades used by the local authority For new posts should consult the LA on the job profile can recommend but should be mindful of their obligations under equal pay legislation when making recommendations. LA to determine – must be on the scale of grades used by the LA Do not have discretion to determine grade.

Performance Management Must establish the procedures for conduct and discipline, capability and for redress to any grievance Head LA must send written report of any concerns and chair of governing body must notify LA of action it intends to take – may do this informally first Duty to comply with School teachers pay and Conditions document re work / life balance and Health & Safety at Work Suspension of Staff Governing Body or head may suspend Must immediately inform LA if community, voluntary controlled, community special and maintained nursery Ending suspension can only be done by Governing Body ( can not delegate but can agree Chair can do this) – inform Head (and LA if community, voluntary controlled, community special and maintained nursery)

Dismissal Right to give advice at proceedings by LA and Diocese LA employer must notify the LA in writing LA must terminate with or without notice within 14 days LA not the employer - governing body responsible for dismissal Must establish appeal procedure and should be mindful of obligations under employment law Securing dismissals via agreement and payment – governing body decides how much but note governors can not enter in to an agreement on behalf of the LA where the LA is the employer.

Collaboration Can delegate to head or governing body of another school where collaboration agreement is in place Expect formal collaboration to be in place that complies with Collaboration Regulations: joint committees should be formally established the constitutional arrangements clear with proceedings of those committees the appointment of clerks and associate members to joint committees clearly agreed