Education Act 1996 (c. 56)

(The document as of February, 2008)

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(b) for a selection panel to consist of a specified number of persons appointed to it by the local education authority and a specified number of governors appointed to it by the governing body.

(2) Neither of the numbers specified by virtue of sub-paragraph (1)(b) shall be less than three; and the number specified in relation to appointments made by the governing body shall not be less than the number specified in relation to appointments made by the authority.

(3) The articles shall provide for the governing body and the authority to have power to replace, at any time, any member of a selection panel whom they have appointed.

2 Regulations may make provision as to the meetings and proceedings of selection panels.

Appointment of head teacher

3 (1) The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a head teacher for the school, make provision for the matters set out in sub-paragraphs (2) to (11).

(2) If the post of head teacher is vacant, the local education authority shall appoint an acting head teacher after consulting the governing body.

(3) Before appointing a head teacher, the local education authority shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

(4) The local education authority shall not appoint a person to be head teacher unless his appointment has been recommended by a selection panel constituted in accordance with the articles.

(5) The selection panel shall interview such applicants for the post as they think fit.

(6) If the panel fail to agree on the applicants whom they wish to interview--

(a) the members of the panel appointed by the governing body are to have the right to nominate not more than two applicants to be interviewed by the panel, and

(b) the other members of the panel are to have the right to nominate not more than two other applicants to be interviewed.

(7) Where the panel consider it appropriate to do so, they shall recommend to the authority for appointment as head teacher one of the applicants interviewed by them.

(8) If the panel are unable to agree on a person to recommend to the authority, they shall--

(a) repeat (with a view to reaching agreement) such of the steps mentioned in sub-paragraphs (5) to (7) as they think fit,

(b) where--

(i) they have repeated any of those steps in pursuance of paragraph (a) and remain unable to agree, or

(ii) they have decided that it is not appropriate to repeat any of those steps,

require the authority to re-advertise the vacancy, and

(9) If the authority decline to appoint a person recommended by the panel, the panel shall--

(a) where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,

(b) recommend another of the applicants interviewed by them, if they think fit,

(d) where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraphs (5) to (7).

(10) The authority shall re-advertise the vacancy where they are required to do so by the panel, and may do so where--

(a) it has been duly advertised,

(b) the panel have failed either to make a recommendation which is acceptable to the authority or to request that the vacancy be re-advertised, and

(11) The chief education officer of the authority, or a member of his department nominated by him, shall have the right to attend all proceedings of the panel (including interviews) for the purpose of giving advice to members of the panel.

(12) In this paragraph "head teacher" does not include an acting head teacher.

Appointment of deputy head teacher

4 (1) The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a deputy head teacher for the school, make either--

(a) the same provision, modified as mentioned in sub-paragraphs (2) and (3), as that made (in accordance with paragraph 3) in relation to the appointment of a head teacher for the school, or

(b) the same provision as that made (in accordance with paragraph 5) in relation to the appointment of other teachers at the school.

(2) If the articles (in accordance with sub-paragraph (1)(a)) provide for the appointment of a deputy head teacher to be on the recommendation of a selection panel, they shall provide that where the head teacher is not a member of the panel--

(a) he may be present, for the purpose of giving advice, at any proceedings of the panel (including interviews), and

(b) whether or not he attends any such proceedings, he shall be consulted by the panel before they make any recommendation to the local education authority.

(3) No provision similar to that set out in paragraph 3(2) is required in the articles in relation to the appointment of a deputy head teacher.

Appointment of other staff: general

5 (1) The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) and (3).

(2) Where there is a vacancy in a post (other than that of head teacher or deputy head teacher) which is part of the complement of the school, the local education authority shall decide whether, if the post is not a new one, it should be retained.

(3) If the authority decide that the post should be retained or it is a new post, they shall--

(a) advertise the vacancy and fill it in accordance with the procedure laid down by virtue of paragraph 6, unless they have the intention mentioned in paragraph (b) below;

(b) fill the vacancy in accordance with the procedure laid down by virtue of paragraph 7, if they intend to appoint a person who, at the time when they form that intention, is an employee of theirs or has been appointed to take up employment with them at a future date.

(4) Nothing in this paragraph (or in any of paragraphs 6 to 9) applies in relation to any temporary appointment pending--

(a) the return to work of the holder of the post in question, or

(b) the taking of any steps required by the articles in relation to the vacancy in question.

Appointment of other staff: vacancy advertised

6 (1) The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) to (7).

(2) Where the local education authority decide to advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of theirs) who are qualified to fill the post.

(3) Where the vacancy is advertised, the governing body shall--

(a) interview such applicants for the post as they think fit, and

(b) where they consider it appropriate to do so, recommend to the authority for appointment to the post one of the applicants interviewed by them.

(4) If the governing body are unable to agree on a person to recommend to the authority, they shall--

(a) repeat the steps mentioned in sub-paragraph (3), if they consider that to do so might lead to their reaching agreement,

(b) where they have repeated those steps and remain unable to agree, or decide that it is not appropriate to repeat them, ask the authority to re-advertise the vacancy, and

(5) If the authority decline to appoint a person recommended by the governing body, the governing body shall--

(a) where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,

(b) recommend another of the applicants interviewed by them, if they think fit,

(d) where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraph (3).

(6) Where the authority are asked to re-advertise the vacancy by the governing body, they shall do so unless--

(a) they decide that the post is to be removed from the complement of the school, or

(b) they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.

(7) Whenever governors meet to discuss the appointment or an applicant is interviewed--

(a) the head teacher (if he would not otherwise be entitled to be present), and

(b) such person (if any) as the authority appoint to represent them,

shall be entitled to be present for the purpose of giving advice.

Appointment of other staff: vacancy not advertised

7 (1) The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) and (3).

(2) Where the vacancy is not advertised, the governing body--

(a) shall be entitled to determine a specification for the post in consultation with the head teacher, and

(b) if they do so, shall send a copy of it to the local education authority.

(3) When considering whom to appoint to the post, the authority shall--

(a) have regard to any such specification, and

(b) consult the governing body and the head teacher.

Delegation of functions under paragraph 6 or 7

8 (1) The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) and (3).

(2) The governing body shall have power, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, to delegate any of the functions which are theirs by virtue of paragraph 6 or 7--

(a) to one or more governors,

(b) to the head teacher, or

(3) In such a case, the provision made by virtue of paragraph 6(6) shall apply with the substitution of references to the person or persons to whom the functions are delegated for references to the governing body.

Restriction on making appointment where vacancy advertised

9 Where a local education authority have advertised a vacancy in accordance with the provision made by the articles of government for a school by virtue of paragraph 6(2), they shall not appoint a person to the post unless--

(a) his appointment has been recommended in accordance with the provision made by the articles by virtue of paragraph 6(3) to (5), or

(b) they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.

Consultation by LEA before appointing certain non-teaching staff

10 The articles of government for a county, controlled, special agreement or maintained special school shall require the local education authority to consult the governing body and the head teacher before appointing any person to work solely at the school otherwise than--

(a) in a teaching post,

(b) in a non-teaching post which is part of the complement of the school, or

(i) the provision of meals;

(ii) the supervision of pupils at midday.

Dismissal etc. of staff

11 (1) The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) to (7).

(2) The local education authority shall consult the governing body and (except where he is the person concerned) the head teacher before--

(a) dismissing a person to whom sub-paragraph (3) applies, or

(b) otherwise requiring such a person to cease to work at the school, or

(c) permitting such a person to retire in circumstances in which he would be entitled to compensation for premature retirement.

(3) This sub-paragraph applies to any person who is--

(a) employed in a post which is part of the complement of the school, or

(b) employed to work solely at the school in any other post, otherwise than solely in connection with either or both of the following--

(i) the provision of meals;

(ii) the supervision of pupils at midday.

(4) Where a teacher at the school is required to complete an initial period of probation, the local education authority shall consult the governing body and the head teacher before--

(a) extending his period of probation, or

(b) deciding whether he has completed it successfully.

(5) Where the governing body recommend to the local education authority that a person should cease to work at the school, the authority shall consider their recommendation.

(6) Both the governing body and the head teacher shall have power to suspend a person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.

(7) The governing body or head teacher shall--

(a) when exercising that power, immediately inform the local education authority and the head teacher or (as the case may be) governing body, and

(b) end the suspension if directed to do so by the authority.

(8) In this paragraph "suspend" means suspend without loss of emoluments; and in sub-paragraph (2) the reference to dismissing a person does not include a dismissal under section 143(6) or 144(3) (dismissal of teachers of religious education).

Section 136.

SCHEDULE 14 Staffing of county, controlled and special agreement schools with delegated budgets

Introductory

1 (1) In this Schedule "the school" means a county, controlled or special agreement school at any time when it has a delegated budget.

(2) References in this Schedule to a vacancy in any post include a prospective vacancy in the post.

(3) References in this Schedule to staff qualification requirements are to any requirements with respect to--

(a) qualifications,

(b) health and physical capacity, or

of teachers and other persons employed in work that brings them regularly into contact with persons who have not attained the age of 19 which for the time being apply under regulations under section 218 of the [1988 c. 40.] Education Reform Act 1988.

(4) References in this Schedule to the chief education officer of a local education authority include any officer of the authority nominated by the chief education officer.

Appointment of head teacher and deputy head teacher

2 Paragraphs 3 to 7 apply in relation to an appointment to fill a vacancy in the post of head teacher or deputy head teacher of the school.

3 The governing body shall notify the local education authority of the vacancy in writing before taking any of the steps mentioned below.

4 (1) Where the vacancy is in the post of head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 5 to 7 before the date on which it falls vacant--

(a) the governing body shall recommend a person for appointment as acting head teacher, and

(b) the local education authority shall appoint the person recommended unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(2) Where the vacancy is in the post of deputy head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 5 to 7 before the date on which it falls vacant--

(a) the governing body may recommend a person for appointment as acting deputy head teacher, and

(b) if they do recommend a person, the local education authority shall appoint him unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(3) If the authority decline to appoint a person recommended by the governing body for appointment as acting head teacher, the governing body shall recommend another person for appointment.

5 Before recommending a person for appointment as head teacher or deputy head teacher, the governing body shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

6 (1) The governing body shall appoint a selection panel consisting of at least three of their members to perform the functions conferred on them by this paragraph.

(2) The selection panel shall--

(a) interview such applicants for the post as they think fit,

(b) where they consider it appropriate to do so, recommend to the governing body for appointment one of the applicants interviewed by them, and

(c) if their recommendation is approved by the governing body, recommend the applicant in question to the local education authority for appointment.

(3) If the panel are unable to agree on a person to recommend to the governing body, or the governing body do not approve their recommendation, the governing body--

(a) may, if they think fit, re-advertise the vacancy in the manner required by paragraph 5, and

(b) whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in sub-paragraph (2).

7 (1) The local education authority shall appoint the person recommended by the selection panel unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(2) If the authority decline to appoint the person recommended by the panel, the governing body--

(a) may, if they think fit, re-advertise the vacancy in the manner required by paragraph 5, and

(b) whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in paragraph 6(2).

Appointment of other teachers

8 Subject to paragraph 9, paragraphs 10 to 14 apply in relation to an appointment to fill a vacancy in any teaching post (whether full-time or part-time) at the school, other than the post of head teacher or deputy head teacher.

9 (1) Paragraphs 10 to 14 do not apply in relation to a temporary appointment to fill such a vacancy--

(a) for a period not exceeding four months, or

(b) where it appears to the governing body that the period for which the person appointed will hold the post in question will not exceed four months.

(2) Where it appears to the governing body in the case of any post that it would be appropriate to make an appointment such as is mentioned in sub-paragraph (1)--

(a) they may recommend a person for appointment to the post on such terms as to the duration of the appointment as they may specify, and

(b) the local education authority shall appoint the person recommended on the terms specified unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

10 Before taking any of the steps mentioned below, the governing body shall--

(a) determine a specification for the post in consultation with the head teacher, and

(b) send a copy of the specification to the local education authority.

11 (1) The local education authority may nominate for consideration for appointment to the post any person who appears to them to be qualified to fill it and who at the time of his nomination either--

(a) is an employee of theirs or has been appointed to take up employment with them at a future date, or

(b) is employed by the governing body of an aided school maintained by them.

(2) The authority shall not nominate a person within sub-paragraph (1)(b) without the consent of the governing body of the aided school.

12 (1) The governing body may advertise the vacancy at any time after they have sent a copy of the specification for the post to the local education authority in accordance with paragraph 10, and shall do so unless either--

(a) they accept for appointment to the post a person nominated by the local education authority under paragraph 11, or

(b) they decide to recommend to the authority for appointment to the post a person who is already employed to work at the school.

(2) Where the governing body advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of the authority) who are qualified to fill it.

13 (1) Where the governing body advertise the vacancy, they shall--

(a) interview such applicants for the post and such of the persons (if any) nominated by the local education authority under paragraph 11 as they think fit, and

(b) where they consider it appropriate to do so, either recommend to the authority for appointment one of the applicants interviewed by them or notify the authority that they accept for appointment any person nominated by the authority under paragraph 11.

(2) If the governing body are unable to agree on a person to recommend or accept for appointment, they may repeat the steps mentioned in sub-paragraph (1)(a) and (b), with or without first re-advertising the vacancy in accordance with paragraph 12(2).

14 (1) The local education authority shall appoint the person recommended or accepted for appointment by the governing body unless (in the case of a person other than one nominated by the authority) he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(2) If the authority decline to appoint a person recommended by the governing body, the governing body shall repeat such of the steps mentioned in paragraph 13(1)(a) and (b) as they think fit, with or without first re-advertising the vacancy in accordance with paragraph 12(2).

15 The governing body may, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, delegate any of their functions under paragraphs 9 to 14--

(a) to one or more governors,

(b) to the head teacher, or

Advice of chief education officer on appointments of teachers

16 (1) The chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice--

(a) all proceedings (including interviews) of the governing body, and of any selection panel appointed under paragraph 6, relating to appointments to which paragraphs 3 to 7 apply, and

(b) all proceedings (including interviews) of the governing body, and of any persons to whom any functions of the governing body under paragraphs 9 to 14 are delegated, relating to appointments to which paragraph 9 applies or to which paragraphs 10 to 14 apply.

(2) The chief education officer shall offer such advice as he considers appropriate with respect to--

(a) the appointment of a head teacher, a deputy head teacher, an acting head teacher or an acting deputy head teacher, or

(b) any matter arising in connection with such an appointment.

(3) If requested to do so by the governing body, the chief education officer shall give such advice as he considers appropriate in relation to any appointment to which paragraph 9 applies or to which paragraphs 10 to 14 apply.

(4) Any advice given by the chief education officer to--

(a) the governing body,

(b) any selection panel appointed under paragraph 6, or

with respect to any matter which relates to an appointment and falls to be determined by them shall be considered by them before determining that matter, whether or not the advice was given at their request.

Advice of head teacher on appointments of teachers

17 Except in relation to the appointment of a head teacher--

(a) paragraph 16(1) applies in relation to the head teacher (if not otherwise entitled to be present at the proceedings there mentioned) as it applies in relation to the chief education officer, and

(b) paragraph 16(4) applies in relation to advice given by the head teacher as it applies in relation to advice given by the chief education officer.

Appointment of non-teaching staff

18 (1) Where the governing body wish to appoint a person to work in a non-teaching post at the school, they may recommend a person to the local education authority for appointment to the post.

(2) A recommendation under this paragraph shall be in writing and shall specify--

(a) the duties to be performed by the person appointed (including, where the post is part-time, his hours of work);

(b) the grade (on the scale of grades currently applicable in relation to employment with the authority) which the governing body consider appropriate for the post; and

(c) where the authority have a discretion with respect to the remuneration to be paid to a person appointed to the post, the determination of any matter to which that discretion applies and which the governing body consider appropriate in the case of the person recommended for appointment.

(3) Before selecting a person to recommend under this paragraph and determining in relation to such a recommendation any matters mentioned in sub-paragraph (2), the governing body shall consult--

(a) the head teacher (where he would not otherwise be involved in the decision), and

(b) if the post involves (or in the case of a new post, it is proposed that it should involve) work at the school for 16 hours a week or more, the chief education officer of the authority.

(4) For the purposes of sub-paragraph (2)(c), the authority are to be regarded as having a discretion with respect to the remuneration to be paid to a person appointed to a post if any provisions regulating the rates of remuneration or allowances payable to persons in the authority's employment either--

(a) do not apply in relation to that appointment, or

(b) leave to the authority any degree of discretion as to rate of remuneration or allowances in the case of that appointment.

19 (1) The local education authority shall appoint a person recommended to them under paragraph 18 unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(2) Any such appointment shall be on such terms as to give effect, so far as they relate to any matter mentioned in paragraph 18(2), to the governing body's recommendation in respect of that matter.

The clerk to the governing body

20 (1) Where there is a vacancy in the office of clerk to the governing body of the school, the local education authority shall appoint a person selected by the governing body.

(2) Before selecting a person to recommend for such appointment, the governing body shall consult the chief education officer of the authority.

Discipline

21 (1) The regulation of conduct and discipline in relation to the staff of the school, and any procedures for giving members of the staff opportunities for seeking redress of any grievances relating to their employment, shall be under the control of the governing body.

(2) The governing body shall establish--

(a) disciplinary rules and procedures, and

(b) procedures such as are mentioned in sub-paragraph (1),

and shall take such steps as appear to them to be appropriate for making them known to the staff at the school.

(3) Where the implementation of any determination made by the governing body in the exercise of their control over the conduct and discipline of the staff requires any action which--

(a) is not within the functions exercisable by the governing body by virtue of this Act, but

(b) is within the power of the local education authority,

the authority shall take that action at the request of the governing body.

Suspension

22 (1) Both the governing body and the head teacher shall have power to suspend any person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.

(2) The governing body or head teacher shall, when exercising that power, immediately inform the local education authority and the head teacher or (as the case may be) governing body.

(3) A suspension under this paragraph may only be ended by the governing body.

(4) The governing body shall, on ending such a suspension, immediately inform the authority and the head teacher.

(5) In this paragraph "suspend" means suspend without loss of emoluments.

Dismissal, etc.

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