Maintained schools, under the School Staffing (England) Regulations 2009, are required to establish procedures relating to the regulation of staff conduct, discipline and lack of capability. Other settings, whilst not subject to these Regulations, are nevertheless expected to have a disciplinary procedure in place to meet the requirements of the statutory ACAS Code of Practice on Discipline and Grievance.
A decision on whether or not to have separate procedures for dealing with matters of conduct and capability is a local one for schools and colleges to determine. In our template procedure we have adopted a combined approach because of the similarity of stages, processes and outcomes, and because sometimes it is not that straightforward to separate capability and conduct in practice, but it is also reflected in the procedure that there is a fundamental difference between the two in terms of the employee's culpability.
Schools and colleges are at liberty to determine the contents of the policy they choose to adopt but should have regard to the ACAS Code of Practice in doing so. Many maintained schools will follow the model provided by their LA or diocesan advisory body.
In this topic area you can find comprehensive advice on managing conduct and capability concerns in our guidance and information section. Templates and tools includes a wide range of letters and other template resources to support with managing conduct and capability issues, from consideration of suspension through to dismissal.
Our FAQs include answers to some of the commonly-asked questions in this particular topic area and may be a useful source of information if you have a particular query.
You can access a recording of our recent webinar How to Effectively Manage Capability in Schools by clicking here.
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