Following a public consultation between May and August 2011, new arrangements for managing teacher performance in England came into force on 1 September 2012.
These are contained in new regulations that cover teacher appraisal and a model policy that covers both appraisal and capability. Together, they form one of a number of changes that are designed to improve the quality of teaching.
The new regulations on teacher appraisal are mandatory for maintained schools and local authorities. They give schools and local authorities more freedom to design appraisal policies that suit their own individual circumstances, and have removed a number of unnecessary restrictions such as the three-hour limit on classroom observation. Please see the FAQs page for more detail.
The new model policy, accessible in Word and PDF formats, provides an example of the sort of policy that schools might want to adopt when managing teacher performance. It is in two parts. Part A covers the routine appraisal arrangements that apply to all teachers and Part B covers the capability procedures that apply only to teachers about whose performance there are serious concerns that the appraisal process has been unable to address. Part B is consistent with the ACAS Code of Practice on Disciplinary and Grievance Procedures.
Under the new regulations, The Education (School Teachers’ Appraisal) (England) Regulations 2012.
Most of these requirements featured in the previous regulations.
The main changes are that under the new regulations:
The model policy sets out an example of a model capability policy that schools might like to follow for teachers about whose performance there are serious concerns and that the appraisal process has been unable to address. It is shorter and less complex than the previous procedure, and complements, rather than duplicates, the appraisal process.
The main changes are:
Further details on arrangements to provide details about teacher capability and managing staff employment in schools can be found on this website.
Analysis of responses to the consultation document.
PDF, 217 Kb
PDF, 200 Kb
PDF, 112 Kb
Report on arrangements for schools to pass on information about a teacher’s capability to a new employer.
PDF, 170 Kb
PDF, 224 Kb
Revised version issued in May 2012. This version is in PDF format.
PDF, 72 Kb
A Word version of the model policy.
Word, 621 Kb
Flowchart for dismissing teachers under new capability procedures.
PowerPoint, 59 Kb
PDF, 18 Kb
Information on schools' requirement to inform rospective employees on whether a teacher has been subject to capability proceedings.
Information on the School Staffing (England) Regulations 2009 ('the 2009 regulations'), explaining what is required of governing bodies, local authorities and headteachers.
A collection of equality analyses from 2007 - 2009.
Frequently asked questions regarding new arrangements for teacher appraisal.
This document aims to provide guidance to governing bodies and headteachers on the School Staffing (England) Regulations 2009 (Staffing Regulations), which came into force on 2 November 2009. Where appropriate, it also gives some guidance on, or pointers to, other acts and regulations relevant to the employment of staff in maintained schools. (Last updated in November 2009, 35 pages.)
As of 6 April 2009, as part of the dispute resolution review (DRR), Acas revised its code of practice on disciplinary and grievance procedures and produced a new code.
Read and respond to the Department's live consultations, or access archived consultations and results.