About this guidance

The purpose of this document is to provide statutory guidance to maintained schools and local authorities on the School Staffing (England) Regulations 2009 (“the 2009 Regulations”) The document is designed to help schools ensure they have a clear understanding of their statutory responsibilities regarding staff  employment matters . Where appropriate, it also gives some advice on, or pointers to, other acts and regulations relevant to the employment of staff in schools.

Following an amendment to the School Staffing (England) Regulations 2012, the Department published supplementary advice to help schools manage the staff appointment process. This advice also provides information to schools about the option to ask for details, and the requirement to provide information, about a teacher’s capability during the last two years.

Expiry/review date

May 2013

What legislation does this guidance relate to?

The School Staffing (England) Regulations 2009.

Who is this guidance for?

Guidance for:

  • governors
  • headteachers
  • local authorities

This guidance applies to maintained schools in England.

Key points

This guidance includes information on:

  • delegation of authority by the governing body
  • local and diocesan authorities’ advice
  • appointing a headteacher or deputy headteacher
  • appointment of teachers other than headteachers or deputy headteachers
  • appointment of support staff
  • performance management and dealing with performance issues
  • staff at schools with a religious character
  • collaborating schools
  • staffing of new schools