About this guidance
This guidance is designed to assist schools with the implementation of revised appraisal arrangements and with tackling problems of teacher capability.
It takes the form of an optional model policy that is fair, efficient and in accordance with good employment practice. Governing bodies should either adopt it or use it as a reference point when reviewing their school’s existing policies. Part A, which is not statutory guidance, relates to appraisal. Part B, which is statutory guidance, relates to capability.
The vast majority of teachers in our schools are highly competent professionals, who are committed to providing a good education for our children. However, evidence from around the world shows us that the most important factor in determining the effectiveness of a school system is the quality of its teachers. The focus of the model policy is on helping under-performing teachers to improve in the first instance, using the appraisal process to identify and address any professional development needs.
Teachers will move into capability procedures when, despite support, there are serious concerns about their performance that the appraisal process has been unable to address. Like other employers, schools will need to act reasonably when dealing with under-performance issues.
Expiry/review date
Expires 31 August 2013.
What legislation does this guidance relate to?
Part A of the model policy relates to the Education (School Teachers’ Appraisal) (England) Regulations 2012, which make provision for the appraisal of teachers in maintained schools.
Part B relates to the School Staffing (England) Regulations 2009, which provide that governing bodies should establish procedures for dealing with lack of capability on the part of school staff (regulation 8).
Who is this guidance for?
Governors, headteachers, local authorities (LAs) and key statutory agencies.
The guidance relates to regulations that apply to maintained schools, including maintained special schools, and to local authorities in respect of unattached teachers.
Key points
Schools must have an appraisal policy for teachers and a policy, covering all staff, which deals with lack of capability.
The guidance:
- provides a model policy for schools set out in two parts, of which:
- part A covers appraisal; and
- part B covers capability.
- gives a limited amount of advice on using the policy.



