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MODEL CAPABILITY PROCEDURE FOR TEACHING STAFF

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MODEL CAPABILITY PROCEDURE FOR TEACHING STAFF Powered By Docstoc
					CAPABILITY PROCEDURE FOR TEACHING STAFF


      A.    Introduction........................................................................................................ 2

      B.    Glossary / Definitions ........................................................................................ 3

      C.     Role of the Local Education Authority LEA)..………………………………..4

      D.    Guiding Principles…………………………………………………………………….4

      E.    Application of procedures to Headteachers ...................................................... 5

      F.    Application of procedures to Newly Qualified teachers ..................................... 5

      G.    Application of Procedures to recognised representatives of trade union /
            professional Association ……………………………………………………………5

      H.    Summary Action / Timetable………………………………………………………..6

      I.    Guidance for selecting review period and conducting interviews...................... 7

     The Procedure…………………………………………………………………………. 8

      J.    Informal stage.................................................................................................... 8
            First interview .................................................................................................... 8
            Second interview...............................................................................................9

      K.     First Formal Stage............................................................................................ 9
             Third interview................................................................................................... 9

      L.    Second Formal Stage...................................................................................... 10
            Fourth Interview .............................................................................................. 10

      M.    Third Formal Stage.......................................................................................... 11
            Fifth Interview.................................................................................................. 11

      N.    Fourth Formal Stage ....................................................................................... 12

      O.    Role of the Governing Body ............................................................................ 12

      P.    Appeals against decisions............................................................................... 13

      Q.    Procedure for Formal Hearings ....................................................................... 14



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0     Introduction

1. This document sets out the procedure to be followed when the professional
   capability or performance of a teacher is giving cause for concern. Lack of capability
   is defined as a situation whereby a teacher fails consistently to perform his or her
   duties to a satisfactory standard. It is not incapability demonstrated over a short
   period of time which is then remedied, but failure to remedy within a reasonable time
   which is the issue. Fortunately, cases where improvement in performance to an
   acceptable level is not achieved, are not very common. However where a teacher’s
   capability is in question, it is likely to have serious adverse effects on the teacher as
   well as on the learning opportunities for pupils, and may cause difficulties for
   professional colleagues who may have to assume additional responsibilities.

2. The Capability Procedure has two main functions.

a) Firstly, the Procedure seeks to encourage a constructive, fair and sympathetic
   approach towards any problem which may arise. It also seeks to ensure that the
   teacher whose lack of capability is causing concern, is given adequate opportunity
   for improvement and the performance standards required for improvement are made
   explicit.

b) Secondly, the Procedure recommends the involvement of professional colleagues
   within school and officers from the LEA at an early stage. The purpose of this is to
   enable problems to be addressed at the earliest possible opportunity, thereby
   avoiding the need for warnings to be issued.

    3. In all aspects of professional life levels of performance and capability of individuals
       vary at different times. As part of normal management procedures schools will have
       systems and procedures for the general monitoring of teacher performance. This is
       not dealt with as part of this procedure. This should be part of the normal system of
       monitoring, support and development which should be in place in all schools as part
       of good management. It is only when the normal system has been exhausted and is
       no longer appropriate that the Capability Procedure should be considered.

4. The purpose of any action taken under the Capability Procedure is threefold.

a) To provide support to help a teacher overcome any difficulties.
b) To monitor performance, record progress and, if performance does not improve to a
   satisfactory level, to take steps which could lead to dismissal.
c) To consider whether there are any latent reasons for the difficulties (ie health, other
   personal reasons, workload, the work environment) and to take mitigating action
   where appropriate. [ A separate policy for managing Sickness Absence will follow].

5. At times these aims may appear to conflict, and care must be taken to see that
   support is positive and realistic and that monitoring does not put excessive burdens
   or contribute to the difficulties being experienced by the teacher.




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B. Glossary / Definitions



Friend                        Person accompanying member of teaching staff/Headteacher to
                              any interview/appeal under the Procedure. This includes a
                              representative of his/her trade union/professional association.

Term                          It is possible that ‘term’ referred to within this Procedure may
                              straddle actual terms eg if the Formal Stage (‘date of entry’)
                              commences mid term then it shall be deemed to have reached
                              its time span mid term two terms on.

Working weeks                 A period of five school working days including INSET but
                              excluding bank holidays, half term, Easter, Christmas or
                              Summer vacations.

Working days                  School working days including INSET days but excluding bank
                              holidays, half term, Easter, Christmas or Summer vacations.




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C. Role of the Local Education Authority (LEA)

1. Headteachers are advised that in order to avoid possible cases of discrimination or
   unfair treatment, they should seek advice and assistance from the LEA throughout
   the operation of the Capability Procedure. The LEA should particularly be advised
   whenever a written warning is issued to a teacher under this procedure. The Chief
   Education Officer or his/her representative shall be entitled to attend all meetings of
   the governing body where dismissal is being considered. Any advice offered by the
   Chief Education Officer or his/her representative shall be taken into consideration.

2. The LEA is the employer and the Chief Education Officer on behalf of the LEA is
   responsible for the termination of the contract of employment. In the case of
   dismissal the clerk to the governing body should inform the Chief Education Officer
   of the details of the case, the findings of the committee(s) of the governing body, the
   reasons for the dismissal and the outcome of any appeal. This information should be
   given in writing and as soon as possible after the decision to dismiss (or appeal), and
   in any case should be within ten working days.


D. Guiding Principles

1. No one procedure in the teachers’ conditions of employment should automatically
   have precedence over another.

2. Where it is intended to implement the Informal or Formal stages of the Capability
   Procedure, the Headteacher should ensure that the teacher concerned is provided
   with a copy of this document. The teacher concerned will be responsible for
   providing a copy to his/her representative, if required.

3. Throughout the Procedure, as far as possible, confidentiality should be maintained.

4. At all interviews the teacher shall be entitled to be accompanied by a friend and
   should be advised of this right.

5. At all stages, including the Informal Stage, the teacher must by given the opportunity
   to prepare and present his/her case.

6. A teacher will have the right of appeal against any formal written warning issued as
   part of the Procedure.

7. At every stage of the Procedure the lack of capability should be clearly identified with
   reference to specific targets for improvement and a timetable for improvement.

8. At all stages the aim should be to provide support to enable the teacher to improve
   their performance so that continuation with Capability Procedure is no longer
   necessary.

9. The teacher should be informed in writing at least five working days in advance of
   any meeting/interview to be held under the Capability Procedure. (For specific
   meetings referred to in the Procedure this period may be extended). Ideally the

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    teacher should be given sufficient notice of the interview/meeting to have time to
    prepare supporting documentation. In exceptional circumstances an employee may
    submit a request for a formal deferment to prepare documentation for the interview.
    A deferment will not be unreasonably refused but such deferment will not normally
    exceed five working days.

10. Where documentation is to be presented at any meeting/interview this should ideally
    be circulated at least five working days in advance of the meeting. It is anticipated
    that in the majority of instances the notification period will be longer than five working
    days and therefore the teacher will have adequate time to prepare supporting
    documentation. Where a teacher needs to prepare documentation and only five
    days notice of the meeting/interview has been given, it will normally be appropriate
    for the Headteacher to agree a reduced timescale such that any written response to
    be made by the teacher is available at least 1 working day (24 hours) in advance of
    the meeting/interview.

11. As far as possible written communication should be delivered by hand and receipt
    acknowledged

12. Although these guidelines have been primarily written with teachers employed by a
    school operating under Local Management (LM) in mind, the timescales and
    principles equally apply to those teachers employed in centrally managed (non LM)
    services. There will however need to be some adaptation for those services which
    are not managed by a governing body. The dismissal decision, if necessary, will be
    taken by the Chief Education Officer and the right of appeal against this to a
    committee/subcommittee of the Council.


E. Application of procedures to Headteachers

1. In the case of Headteachers it is recommended that operation of the Procedure is
   led by an officer of the LEA, appointed by the Chief Education Officer, and that the
   Chair of governors should be jointly involved in these considerations. In this case
   where the text refers to Headteacher this should be substituted for an officer of the
   LEA appointed by the Chief Education Officer etc. Although an officer of the LEA
   may take the lead in relation to these procedures as they apply to headteachers the
   responsibility of the Procedure remains governing body.


F. Application of procedures to Newly Qualified teachers

1. This procedure will not apply to teachers during their first year of employment.


G. Application of Procedures to recognised representatives of trade union /
   professional association

1. The authority should be notified before any action is taken under the Capability
   Procedure, including the Informal Stage, relating to a trade union / professional
   association representative. No action should normally be taken under the Fourth


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      Formal Stage of the Capability Procedure until the circumstances have been
      discussed with a full time official of the union concerned.

    H. Summary Action / Timetable
.
1     In the case of teachers, considerations under the Capability Procedure will be led by
      the Headteacher.

                      Stage       Action                                     Timescale

NOT PART                          Normal management, performance             On going
                                  monitoring and support within school
OF
CAPABILITY
PROCEDURE
NOT PART                          Initial concerns regarding sustained       In most instances teacher performance
                                  poor     performance    of   teacher,      will improve and additional support etc
OF                                additional support and ‘light touch’       will cease
CAPABILITY                        monitoring. Remains part of normal
PROCEDURE                         school management procedures

                              CAPABILITY PROCEDURE COMMENCES
                                   st
                      INFORMAL    1 interview - notification of Capability   Length of the period for the review
                      STAGE       Procedure - oral warning                   should be made clear at the outset and
                                  Teacher may register objection             should       be     commensurate    with
                                   nd
                                  2 interview –review                        circumstances of the case (up to 6
                                                                             weeks).
                                                                             Oral warning to remain on record for two
                                                                             full terms after issue.
                                   rd
                      FIRST       3 interview – written warning -‘date of    Constitutes        ‘date      of  entry’;
                      FORMAL      entry’                                     Commencement of maximum ‘two term’
                                  Appeal to governors available              period
                                                                             Written warning to remain on record for
                                                                             three full terms after issue.
                                   th
                      SECOND      4 interview, review of First Formal        Commencement of second term of ‘two
                      FORMAL      stage- second written warning              term’ period.
                                  Appeal to governors available              Written warning to remain on record for
                                                                             six full terms after issue.
                                   th
                      THIRD       5 interview                                Completion of second term of ’two term’
                      FORMAL                                                 period (a further review period may be
                                                                             available).
                      FOURTH      Dismissal (Capability) committee
                      FORMAL      Appeal to Appeals committee


2. In extreme cases undue delay may not be in best interests of all parties and the
   Stage process may be shortened. The formal identification at the First Formal Stage
   may be followed, within four weeks, by the Third Formal Stage. There should be full
   consultation with the LEA if this shortened process is envisaged. This shortened
   process is only likely to be appropriate in extreme cases where the education of
   pupils is jeopardised. There is likely to have been extensive and intensive support
   during the Informal Stage which has brought about no improvement in performance.
   Performance may have in fact deteriorated. In proposing a shortened process it is
   anticipated that there will have been at least two independent assessments of the
   teacher’s performance which have arrived at similar conclusions, and support the
   reduced timescale.



I. Guidance for selecting review period and conducting interviews - Informal

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   and Formal Stages

1. Where the Headteacher has decided that there is a lack of capability, a period of
   review must be specified. This will determine a period, usually not less than a term’s
   duration, (Informal Stage up to six weeks), during which support will be given to the
   teacher and performance will be monitored.

2. The nature of the program will vary from case to case, depending upon the
   difficulties faced by the individual, the amount of support required, and the
   circumstances of the school and its resources. What follows is a general guide
   which must be adapted to meet the individual needs of each situation.

3. In devising a program the general aim should be to provide as much support as
   possible initially, reducing it as the program continues. It must be possible at the end
   of the period to assess the teacher’s capabilities unclouded by any special help.

4. If a program has Stages provided within it, interviews should be arranged at the end
   of each Stage to review progress and, by agreement with all concerned, to modify
   any remaining Stages.

5. Within five working days after any interview, the Headteacher will give to the
   teacher:

a) Written confirmation of the interview, stating the area(s) of unsatisfactory
   performance

b) After consultation with the teacher and other appropriate persons (e.g. relevant
   school staff, and/or officers of the LEA), a program setting out what will happen
   during the period of review and a date and a time when the next interview will take
   place.

6. Counselling may be provided to the teacher, if requested, by appropriate persons.
   Records should not be kept of counseling other than a note that the meeting took
   place. Otherwise, records should be kept of all meetings and discussions, with
   copies circulated to those directly involved.

7. The content of a program could include one or more of:

         •    in-service training
         •    help with planning, content of work and any follow-up
         •    observation by the teacher of good practice
         •    observation of the teacher’s work by someone (either from the school or
              outside) with good experience and that such observation be promptly fed
              back to the teacher
         •    a modified workload or timetable for a specified period
         •    re-organisation of work area, classes or rooms
         •    work-sharing or team teaching with experienced persons
         •    visits to other schools or workplaces
         •    temporary attachment to another school or workplace



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      (Wherever and whenever possible, there will be great merit in inviting an
      independent and external person to assess and assist the teacher concerned).

8.   The person who monitors the teacher’s performance should be someone with
     experience and responsibility. The Heateacher will have regard to the need for that
     person to exercise an encouraging and constructive approach to improvement; the
     person may be the Headteacher. In large schools deputies and heads of
     department or faculties, and others charged with responsibility for staff should have
     a key role.

9. Where the Headteacher is conducting a Capability meeting/interview without the
   support of a senior colleague the Headteacher may wish to arrange for an observer
   to be available who will also be able to maintain a written record of the proceedings.
   There will need to careful selection of the observer to ensure that confidentiality is
   not compromised or that there is no conflict of interest.

10. At Formal Stages specific assessments of the teacher’s capabilities must be made
    by the Headteacher and by another appropriate person. That person could be as
    named in 8 above, or someone asked to undertake the assessment as a specific
    task. An appropriate person would be someone such as senior teacher at the
    school, or an officer of the LEA.

10. Towards the end of the program, the person responsible for monitoring performance
    should see that all records are completed and reports prepared in time to meet the
    requirements specified for the interview which completes the period of review.


The Procedure

J. Informal Stage

First interview
1. Where the professional capability of a teacher is unsatisfactory, the Headteacher,
    (and if appropriate another senior member of staff) shall raise the matter with the
    teacher. The teacher should be given at least five working days written notice of the
    interview and shall, at that time, be provided with a copy of the Capability Procedure.
    The teacher may be accompanied to the interview by a friend. If, at the conclusion of
    the interview the Headteacher considers the teacher’s performance to be below the
    minimum acceptable standard, the teacher will be told ways in which performance is
    considered to be unsatisfactory and warned (orally) that there must be improvement
    to a satisfactory level. The teacher shall be given a period of up to six working weeks
    to achieve improvement and a time shall be specified when a second interview will
    take place to review the position. A written note of the outcome of the interview shall
    be notified to the teacher within five working days from the date of the interview.

2. A teacher who disagrees with the decision of the Headteacher regarding capability
   may object in writing to the Headteacher within five working days of the receipt of the
   note of the meeting. There will be no right of appeal against the decision of the
   Headteacher at this stage, but this objection will form part of any documentation to
   be considered at any of the later Stage(s).


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3. The oral warning given at this stage of the procedure will remain on record for two
   full terms after issue of the warning (date of the interview), subject to satisfactory
   standards being reached as a result. The record of the warning shall be disregarded
   for future purposes after the expiry of the appropriate time period.


Second interview
4. On the date previously specified (see above) of which due written notice
   (confirmation) should be given, a second interview shall be held between the
   Headteacher and the teacher. If the Headteacher is satisfied that satisfactory
   standards have been attained then this shall be recorded and no further action will
   be taken.

5. If performance has not reached a standard acceptable to the Headteacher further
   action will be taken under the Formal Stages of the Capability Procedure. A written
   note of the outcome of the interview shall be notified to the teacher within five
   working days from the date of the interview.


K. First Formal Stage

Third interview
1. The Headteacher shall convene a Formal capability interview. The date of this
    interview shall constitute the ‘date of entry’ into Formal Capability Procedures.

2. The teacher shall be informed in writing at least five working days in advance of the
   meeting of:
a) The date, time, purpose of the meeting and those to be invited
b) The nature of the concern(s) as to the perceived lack of capability and any
   documents or evidence brought forward from the Informal Stage to these
   proceedings. (It will not normally be appropriate for the Headteacher to raise other
   concerns at the meeting which have not been previously notified in writing to the
   teacher).
c) The right to be accompanied by a friend.

3. At the interview it must be made clear to the teacher that the Formal Stages have
   been initiated as a consequence of the failure on the part of the teacher to
   adequately address concerns regarding performance identified earlier at the Informal
   Stage. The Formal Stages may now put in place the ‘two term’ time span which
   could result in dismissal.

4. Consideration and discussion may be pursued at this stage (if the teacher is so
   willing) to examine the possibility of the teacher being given a different balance of
   duties or an alternative teaching post. (The latter course would not normally be
   appropriate in the case Headteachers). If these discussions are pursued then this
   must be entirely voluntary on behalf of the teacher concerned and there needs to be
   a clear understanding from the outset that a different balance of duties or an
   alternative post may result in a change in terms of conditions, including pay.

5. During the Formal and potentially time constrained Stages of the Procedure, the
   teacher must be given continued professional, guidance and advice.

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6. The meeting will determine the next period of review, which shall normally be no
   more than the duration on one term, and set a provisional date for the next review
   meeting, the fourth interview.

7. A written note of the outcome of the meeting shall be given to the teacher within five
   working days from the date of the interview. It shall include a written warning that
   failure to improve to a satisfactory standard could result in further action, up to and
   including dismissal, being taken on the grounds of incapability. It will also clearly
   identify the areas in which improvement is expected and support is to be provided.

8. The written warning given at this stage of the procedure will remain on record for
   three full terms after issue of the warning, subject to satisfactory standards being
   reached as a result. The record of the warning shall be disregarded for future
   purposes after the expiry of the appropriate time period.

9. The teacher shall have a right of appeal against such a decision to a committee of
   the governing body. (This must not be the same committee of the governing body
   which is able to consider an appeal against dismissal should matters proceed that
   far).


L. Second Formal Stage

Fourth Interview
1. At the end of the review period, the Headteacher shall convene a formal capability
   interview.

2. The teacher shall be informed in writing at least five working days in advance of the
   meeting of:

a) The date, time, purpose of the meeting and those to be invited

b) The nature of the concern(s) as to the perceived lack of capability and any
   documents or evidence brought forward from the Informal and First Formal Stages to
   these proceedings. (It will not normally be appropriate for the Headteacher to raise
   other concerns at the meeting which have not been previously notified in writing to
   the teacher)
c) The right to be accompanied by a friend

3. If performance has now improved to a satisfactory level, the teacher shall be
   informed in writing and action under the Procedure terminated.

4. If performance has not reached an acceptable standard to the Headteacher, the
   meeting will determine the next period of review, which shall normally be no more
   than the duration of one term, and set a provisional date for the next review meeting,
   the fifth interview.

5. A written note of the outcome of the meeting shall be given to the teacher within five
   working days from the date of the interview. It shall include a written warning that
   failure to improve to a satisfactory standard could result in further action, up to and

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    including dismissal, being taken on the grounds of incapability. It will also clearly
    identify the areas in which improvement is expected and support to be provided.

6. The written warning given at this stage of the procedure will remain on record for six
   full terms after issue of the warning, subject to satisfactory standards being reached
   as a result. The record of the warning shall be disregarded for future purposes after
   the expiry of the appropriate time period.

7. The teacher shall have a right of appeal against such a decision to a committee of
   the governing body. (This must not be the same committee of the governing body
   which is able to consider an appeal against dismissal should matters proceed that
   far).

M. Third Formal Stage

Fifth Interview
1. At the end of the period of review, the Headteacher shall convene a formal capability
    interview. The procedure for notification to the teacher will be as for the fourth
    interview above. The purpose of the interview will be to consider whether the
    required improvement in performance has been secured. The findings of this
    interview will be one of the following:

a) That satisfactory performance has been achieved and that action currently taken
   under this Procedure should be discontinued
b) That some significant improvement has been achieved but not sufficient to give
   confidence that action or supervision may be safely discontinued, in which case a
   further period of review may be considered necessary
c) That lack of capability is still evident and the matter is referred the appropriate
   committee of the governing body with the recommendation that the teacher should
   be dismissed on grounds of capability.

2. Notification of referral to the appropriate committee of the governing body shall be
   given by the Headteacher within five working days of the fifth interview and a
   meeting of the committee of the governing body will convened as soon as possible
   thereafter, allowing for sufficient notice time to be given to the teacher. The meeting
   of the committee of the governing body should ideally be held within fifteen working
   days of the fifth interview

N. Fourth Formal Stage

Meeting of committee of the governing body
1. The teacher shall be given at least 10 working days written notice of the time, place
   and purpose of the meeting together with the names of any persons who will be
   called to provide evidence, and a copy of any written evidence to be submitted for
   consideration by the committee. The teacher will be invited to attend the meeting and
   may be accompanied by a friend. The Chief Education Officer or his/her
   representative shall be entitled to attend any meeting to consider the dismissal of a
   teacher and should be notified as soon possible. The notice should make clear that
   the committee has the power to dismiss the teacher.



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2. At least five working days before the meeting the teacher shall provide the clerk to
   the committee with any written evidence the teacher wishes to submit together with
   the names of any persons the teacher intends to be called to provide evidence on
   their behalf.

3. In conducting the meeting the committee should have regard for the procedure for
   formal hearings, as noted in section Q.

4. The committee may determine that

a) No further action be taken.
b) The matter be referred back to the Headteacher for further actions and/or
   supervision, together with any specific recommendations the committee may wish to
   make.
c) The teacher should be dismissed on a date in accordance with standard period of
   notice, or immediately, with salary in lieu of notice
d) Any other specific recommendation within their powers of delegation.

5. The decision shall be confirmed in writing, by the clerk to the committee, to the
   teacher within 5 working days. This written confirmation shall include

a)   The decision.
b)   If applicable, the date and arrangements for review.
c)   If applicable, details of the level of improvement required.
d)   If applicable, further support to be given.
e)   The right to appeal.

6. The teacher shall be sent two copies of the written confirmation. One will be retained
   by the teacher. The other should be signed by the teacher and returned to the clerk
   to the committee, together with any comments in writing. The complete return shall
   be included with the teacher’s records. Failure to return the copy shall not in any way
   invalidate any actions/decisions of the committee.


O. Role of the Governing Body

1. Depending on the progression through the stages the governing body may be
   required to perform three distinct processes.

a) Listen to an appeal against written warnings given at the end of the First Formal
   Stage and/or the Second Formal Stage.
b) Consider all the evidence at the Fourth Formal Stage as to whether or not to dismiss
   the teacher.
c) Consider, following the decision to dismiss any appeal against that decision by the
   teacher.

2. In ideal circumstances it would be preferable for these three functions to be performed
    by three separate committees of the governing body. Depending on the size of the
    governing body and the role that the Chair (or other designated governor) has
    undertaken in supporting the Headteacher during the process, including during the
    Informal Stage, this may not be possible. Governors listening to an appeal should

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    not have been involved in any way in the decision against which the appeal is being
    made.

3. It is recommended that committees of the governing body consist of at least three
   governors. The number of governors on the appeal committee against dismissal
   must have the same number of governors as the committee making the decision to
   dismiss. Committees must have delegated powers sufficient to make the relevant
   decision. This should done in advance of any discussion relating to individual cases.
   At no stage should individual cases be discussed in any detail by the full governing
   body.

4. If there are insufficient governors to form a separate committee of the governing
   body to listen to appeals against the First and Second Formal stages (written
   warnings) then these appeals may be considered by the same committee of the
   governing body which has the authority to take the dismissal decision.

5. Whilst teacher governors cannot be automatically excluded from playing a part in this
   process, there will be occasions when either it would not be appropriate for them or
   they may choose not to be involved. This will clearly impact of the number of
   governors who can be involved in either the dismissal or appeal(s) committees and
   should be considered in advance of any individual case arising.


P. Appeals against decisions

1. A teacher will be entitled to appeal against any formal written warning or any
   decision taken by the committee of the governing body at the Fourth Formal Stage.
   An intention to appeal should be notified (received) in writing to the clerk to the
   governing body within five working days of the issue of the written confirmation of the
   decision or warning. The notification of appeal shall indicate the grounds for appeal,
   and include supporting evidence where available. It is recommended that intention to
   appeal is delivered by hand or by recorded delivery. The clerk should acknowledge
   receipt and the date of receipt. It is open to the committee of the governing body due
   to hear the appeal to extend the period in which to accept notification of appeal, but
   this should be in exceptional cases only and should have the unanimous support of
   the committee.

2. The clerk to the governing body will convene a meeting of the relevant committee as
   soon as is reasonable practicable. This should not normally be any longer than
   fifteen working days from when the intention to appeal was received. The clerk
   should inform all concerned of the appeal meeting (date, time, place) at least five
   working days beforehand (at least ten working days if an appeal against a decision
   of a committee of the governing body). This can be waived if all parties agree.

3. In hearing an appeal the committee shall confirm, reject or reduce the decision which
   is the subject of appeal. There shall no further right of appeal to the governing body
   against that particular decision.

4. At an appeal hearing the teacher and the Headteacher shall each be entitled to
   appear and be assisted by a friend in conducting the appeal. The committee should
   have regard for the procedure for formal hearings, as noted in Section P.

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5. The teacher may withdraw an appeal by notice in writing to clerk of the governing
   body at any stage.

6. The Capability Procedure will continue to proceed during the period of the appeal;
   timescales will not be suspended.


Q. Procedure for Formal Hearings

1. All business connected with the hearing should be discussed in the presence of all
   concerned, except when governors consider their decision in accordance with
   section 10 below and witnesses as noted in 3 and 5 below.

2. Introduction by the Chairman and reminder to all present of the procedure under
   which the hearing has been called, the manner in which the hearing will be
   conducted as set out in sections 3-11 below, and the degree of confidentiality
   required.

3. Presentation of the case by the Headteacher/or other appropriate person presenting
   the case, including calling of witnesses. Witnesses (other than the Headteacher)
   should only attend for that part of the hearing to give witness. Questions should be
   asked of the witness before they leave.

4. Questions by the teacher and/or his/her representative, and then by the committee,
   to the person presenting the case, and witnesses.

5. Statements by the teacher and/or his representative, including the calling of
   witnesses. Witnesses (other than the Headteacher ) should only attend for that part
   of the hearing to give witness. Questions should be asked of witnesses before they
   leave.

6. Questions by the Headteacher/or other appropriate person presenting the case, and
   then by the committee to the teacher and/or his/her representative.

7. Opportunity for the Headteacher/or other appropriate person presenting the case to
   make a final statement.

8. Opportunity for the member of staff and/or his/her representative to make a final
   statement.

9. Withdrawal by the teacher and/or representative, the Headteacher (if present) and
   other appropriate person presenting the case, ie all parties with the exception of the
   committee of the governing body and any advisor, including clerk to the committee,
   acting in a legal capacity only.

10. Consideration of the matter by the committee of the governing body. If further
    information is required of any of the persons who have left the hearing then all such
    persons should return to the hearing when such information is being obtained.
    Witnesses will not need to be recalled unless the additional item of information is
    required from themselves. An opportunity should be given to each party to question

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(c ) Slough Borough Council                                                        14
    or comment on this additional information. Governors are entitled to adjourn the
    hearing before reaching a decision, to allow for proper consideration of all matters
    raised. A decision should however be reached as soon as is reasonably possible.

11. The committee may choose to recall all parties and communicate its decision and
    the consequences thereof orally. It will in any case within five working days of
    reaching its decision confirm this in writing to the parties concerned including the
    reason for the decision and information about any right of appeal, if applicable.




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(c ) Slough Borough Council                                                       15

				
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