Education Act 1996

Appointment and dismissal of teachers of religious education

143 Appointment etc. of reserved teachers in controlled schools

(1) Where the number of the teaching staff of a controlled school is more than two, the teaching staff shall include persons who—

(a) are selected for their fitness and competence to give such religious education as is required in accordance with arrangements under section 377(2) (arrangements for religious education in accordance with the school’s trust deed or with the practice observed before the school became a controlled school), and

(b) are specifically appointed to do so.

(2) In this Chapter “reserved teacher”, in relation to a controlled school, means a person employed at the school in pursuance of subsection (1).

(3) The number of reserved teachers in a controlled school shall not exceed one-fifth of the number of the teaching staff, including the head teacher (and for this purpose, where the number of the teaching staff is not a multiple of five, it shall be treated as if it were the next higher multiple of five).

(4) The head teacher of a controlled school shall not, while holding the post of head teacher of such a school, be a reserved teacher.

(5) Where the local education authority propose to appoint a person to be a reserved teacher in a controlled school, the authority—

(a) shall consult the foundation governors, and

(b) shall not so appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (1)(a).

(6) If the foundation governors of a controlled school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they may require the local education authority to dismiss him from employment as a reserved teacher in the school.

(7) In subsection (5) “foundation governor” includes a temporary foundation governor.

144 Appointment etc. of reserved teachers in special agreement schools

(1) In this Chapter “reserved teacher”, in relation to a special agreement school, means a person who in pursuance of provision made in the special agreement is employed to give religious education—

(a) in accordance with any provisions of the trust deed relating to the school, or

(b) (where provision for that purpose is not made by any such deed) in accordance with the practice observed in the school before it became a voluntary school.

(2) Where the special agreement made with respect to a special agreement school provides for the employment of reserved teachers and the local education authority propose to appoint a person to be a reserved teacher in the school, the authority—

(a) shall consult the foundation governors, and

(b) shall not appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (1).

(3) If the foundation governors of a special agreement school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they may require the local education authority to dismiss him from employment as a reserved teacher in the school.

(4) In subsection (2) “foundation governor” includes a temporary foundation governor.

145 Dismissal of teachers of religious education in aided schools

If a teacher appointed to give religious education in an aided school (other than education in accordance with an agreed syllabus) fails to give such education efficiently and suitably, he may be dismissed on that ground by the governing body without the consent of the local education authority.