School Standards and Framework Act 1998

Discipline

22 (1) The regulation of conduct and discipline in relation to the staff of the school, and any procedures for giving members of the staff opportunities for seeking redress of any grievances relating to their employment, shall be under the control of the governing body.

(2) The governing body shall establish—

(a) disciplinary rules and procedures (including such rules and procedures for dealing with lack of capability on the part of members of the staff), and

(b) procedures such as are mentioned in sub-paragraph (1);

and shall take such steps as appear to the governing body to be appropriate for making them known to members of the staff.

(3) In determining the capability of members of the staff the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(4) If the Secretary of State determines that any prescribed rules and procedures are to apply to the school or to any class or description of school to which the school belongs—

(a) the governing body shall act in accordance with those rules and procedures in determining the capability of members of the staff; and

(b) in the event of any inconsistency, those rules and procedures shall prevail over any rules and procedures established by the governing body under sub-paragraph (2)(a).

(5) Where the implementation of any determination made by the governing body in the exercise of their control over the conduct and discipline of the staff requires any action which—

(a) is not within the functions exercisable by the governing body by virtue of this Act, but

(b) is within the power of the local education authority,

the authority shall take that action at the request of the governing body.