Part II New framework for maintained schools
Chapter V Staffing and conduct of schools
Staffing of schools
I154 Staffing of community, voluntary controlled and community special schools.
1
Schedule 16 has effect in relation to the staffing of community, voluntary controlled and community special schools.
2
If at any time a community, voluntary controlled or community special school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15—
a
Schedule 16 shall not apply; and
b
subsections (3) to (5) below shall apply instead.
C13
The number of teachers and non-teaching staff to be employed at the school shall be determined by the local education authority.
C1C2C34
The authority may appoint, suspend and dismiss teachers and other staff at the school as the authority think fit.
C1C35
The authority shall, in connection with the exercise of their functions under subsection (4), consult the governing body to such extent as the authority think fit.
6
In relation to reserved teachers at a voluntary controlled school, Schedule 16 or (as the case may be) subsection (4) above has effect subject to section 58.
I255 Staffing of foundation, voluntary aided and foundation special schools.
1
Schedule 17 has effect in relation to the staffing of foundation, voluntary aided and foundation special schools.
2
If at any time a foundation, voluntary aided or foundation special school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15, Schedule 17 shall apply to the school subject to subsections (3) to (7) below.
C43
The number of teachers and non-teaching staff to be employed at the school shall be determined by the local education authority.
C4C54
Except with the consent of the authority, the governing body shall not—
a
appoint any teacher to be employed at the school or engage, or make arrangements for the engagement of, any person to provide his services as a teacher at the school, or
b
dismiss any teacher at the school.
C4C55
The authority may give the governing body directions—
a
as to the educational qualifications of the teachers to be employed for giving secular education; or
b
requiring them to dismiss any teacher at the school;
but the authority shall not give any directions under paragraph (a) except after consulting the governing body.
C46
The authority may give directions to the governing body as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.
C47
Where the trust deed relating to the school provides for a person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement under Schedule 13) the use of those premises is or would be under the control of any such person, the reference in subsection (6) to the governing body shall be read as a reference to that person.
8
Schedule 17 or (as the case may be) subsections (4) and (5) above have effect subject to section 58.
C656 Staffing for non-school activities.
1
This section applies to a maintained school if—
a
activities other than school activities (“non-school activities”) are carried on on the school premises, and
b
all non-school activities which are so carried on are carried on under the management or control of the school’s governing body.
2
The relevant staffing provisions shall, to such extent as the local education authority may determine, apply in relation to persons employed to work—
a
partly for the purposes of school activities and partly for the purposes of non-school activities carried on on the school premises, or
b
solely for the purposes of non-school activities so carried on,
as if all activities so carried on were school activities.
3
The local education authority shall give the governing body notice in writing of any determination by the authority under subsection (2).
4
In subsection (2) “the relevant staffing provisions” means—
a
in relation to a community, voluntary controlled or community special school, the provisions of Schedule 16 and section 57; and
b
in relation to a foundation, voluntary aided or foundation special school, the provisions of Schedule 17 and section 57.
5
Nothing in this section applies to a school within subsection (1) at any time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15.
C757 Payments in respect of dismissal, etc.
F11
It shall be for the governing body of a maintained school to determine—
a
whether any payment should be made by the local education authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school, and
b
the amount of any such payment.
2
Subsection (1) does not, however, apply in relation to a payment which the local education authority are required to make—
a
by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned, or
b
under any statutory provision.
C8C93
The local education authority—
a
shall take such steps as may be required for giving effect to any determination of the governing body under subsection (1), and
b
shall not make, or agree to make, a payment in relation to which that subsection applies except in accordance with such a determination.
4
Costs incurred by the local education authority in respect of any premature retirement of a member of the staff of a maintained school shall be met from the school’s budget share for one or more financial years except in so far as the authority agree with the governing body in writing (whether before or after the retirement occurs) that they shall not be so met.
5
Costs incurred by the local education authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of a maintained school shall not be met from the school’s budget share for any financial year except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.
6
The fact that the authority have a policy precluding dismissal of their employees by reason of redundancy is not to be regarded as a good reason for the purposes of subsection (5); and in this subsection the reference to dismissal by reason of redundancy shall be read in accordance with section 139 of the M1Employment Rights Act 1996.
7
Nothing in this section applies to a maintained school at any time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15.
Appointment and dismissal of teachers of religious education
58 Appointment and dismissal of certain teachers at schools with a religious character.
1
In this section—
a
subsections (2) to (6) apply to a foundation or voluntary controlled school which has a religious character; and
b
subsection (7) applies (subject to subsection (8)) to a voluntary aided school which has a religious character;
and references in this Chapter to a school which has (or does not have) a religious character shall be construed in accordance with section 69(3).
C102
Where the number of F2the teaching staff ofF2teachers at a school to which this subsection applies is more than two, F3the teaching staff shallF3the teachers 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 paragraph 3(3) of Schedule 19 (arrangements for religious education in accordance with the school’s trust deed or with the tenets of the school’s specified religion or religious denomination), and
b
are specifically appointed to do so.
C103
The number of reserved teachers in such a school shall not exceed one-fifth of F4the number of the teaching staffF4the total number of teachers, including the head teacher (and for this purpose, where F4the number of the teaching staffF4the total number of teachers is not a multiple of five, it shall be treated as if it were the next higher multiple of five).
C104
C105
Where the appropriate body propose to appoint a person to be a reserved teacher in such a school, that body—
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 (2)(a).
C106
If the foundation governors of such a school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they F6may require the appropriate body to dismiss him from employment as a reserved teacher in the school.F6may—
a
in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and
b
in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.
C117
If a teacher appointed to give religious education in a school to which this subsection applies 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.
8
Subsection (7) does not apply—
a
where the school has a delegated budget, or
b
to religious education in accordance with an agreed syllabus.
C109
In this section—
“the appropriate body” means—
- a
in relation to a foundation school, the governing body, and
- b
in relation to a voluntary controlled school, the local education authority;
- a
“reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed F7or engaged at the school in pursuance of subsection (2).
Religious opinions etc. of staff
C1259 Staff at community, secular foundation or voluntary, or special school.
1
This section applies to—
a
a community school or a community or foundation special school, or
b
a foundation or voluntary school which does not have a religious character.
C132
No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship—
a
from being a teacher at the school, or
b
from being employed F8or engaged for the purposes of the school otherwise than as a teacher.
C133
No teacher at the school shall be required to give religious education.
C134
No teacher at the school shall receive any less remuneration or be deprived of, or disqualified for, any promotion or other advantage—
a
by reason of the fact that he does or does not give religious education, or
b
by reason of his religious opinions or of his attending or omitting to attend religious worship.
C1460 Staff at foundation or voluntary school with religious character.
1
This section applies to a foundation or voluntary school which has a religious character.
2
If the school is a foundation or voluntary controlled school, then (subject to subsections (3) and (4) below) section 59(2) to (4) shall apply to the school as they apply to a foundation or voluntary controlled school which does not have a religious character.
3
Section 59(2) to (4) shall not so apply in relation to a reserved teacher at the school; and instead subsection (5) below shall apply in relation to such a teacher as it applies in relation to a teacher at a voluntary aided school.
4
In connection with the appointment of a person to be head teacher of the school (whether foundation or voluntary controlled) regard may be had to that person’s ability and fitness to preserve and develop the religious character of the school.
5
If the school is a voluntary aided school—
a
preference may be given, in connection with the appointment, remuneration or promotion of teachers at the school, to persons—
i
whose religious opinions are in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4), or
ii
who attend religious worship in accordance with those tenets, or
iii
who give, or are willing to give, religious education at the school in accordance with those tenets; and
b
regard may be had, in connection with the termination of the employment F9or engagement of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.
6
If the school is a voluntary aided school, no person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being employed F10or engaged for the purposes of the school otherwise than as a teacher.
7
Where immediately before the appointed day a teacher at a school which on that day becomes a school to which this section applies enjoyed, by virtue of section 304 or 305 of the M2Education Act 1996 (religious opinions of staff etc.), any rights not conferred on him by this section as a teacher at a school to which it applies, he shall continue to enjoy those rights (in addition to those conferred by this section) until he ceases to be employed as a teacher at the school.
8
In this section “reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed at the school in pursuance of section 58(2).
Discipline: general
C15C18C19C2161 Responsibility of governing body and head teacher for discipline.
C161
The governing body of a maintained school shall ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.
C162
In particular, the governing body—
a
shall make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under subsection (4); and
b
where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—
i
shall notify him of those measures or matters, and
ii
may give him such guidance as they consider appropriate;
and in exercising their functions under this subsection the governing body shall have regard to any guidance given from time to time by the Secretary of State.
C163
Before making or revising the statement required by subsection (2)(a) the governing body shall consult (in such manner as appears to them to be appropriate)—
C16a
the head teacher; and
b
parents of registered pupils at the school.
C164
The head teacher shall determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to—
a
promoting, among pupils, self-discipline and proper regard for authority;
b
encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils;
c
securing that the standard of behaviour of pupils is acceptable; and
d
otherwise regulating the conduct of pupils.
C165
The head teacher shall in determining such measures—
a
act in accordance with the current statement made by the governing body under subsection (2)(a); and
b
have regard to any notification or guidance given to him under subsection (2)(b).
C166
The standard of behaviour which is to be regarded as acceptable at the school shall be determined by the head teacher, so far as it is not determined by the governing body.
C167
The measures determined by the head teacher under subsection (4) shall be publicised by him in the form of a written document as follows—
a
he shall make the measures generally known within the school and to parents of registered pupils at the school; and
b
he shall in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons employed, or otherwise engaged to provide their services, at the school.
F118
In this section “maintained school” includes a maintained nursery school.
C2062LEA’s reserve power to prevent a breakdown of discipline.
C221
The local education authority may, in the circumstances mentioned in subsection (2) or where subsection (3) applies, take such steps in relation to a maintained school as they consider are required to prevent the breakdown, or continuing breakdown, of discipline at the school.
C222
The circumstances are that—
a
in the opinion of the authority—
i
the behaviour of registered pupils at the school, or
ii
any action taken by such pupils or their parents,
is such that the education of any registered pupils at the school is (or is likely in the immediate future to become) severely prejudiced; and
b
the governing body have been informed in writing of the authority’s opinion.
3
This subsection applies where—
a
a warning notice has been given in accordance with section 15(2) referring to the safety of pupils or staff at the school being threatened by a breakdown of discipline at the school,
b
the governing body have failed to comply, or secure compliance, with the notice to the authority’s satisfaction within the compliance period, and
c
the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under subsection (1) of this section (whether or not in conjunction with exercising their powers under either or both of sections 16 and 17);
and a notice under paragraph (c) of this subsection may be combined with a notice under section 15(1)(c).
C234
Steps taken by a local education authority under subsection (1) may include the giving of any direction to the governing body or head teacher.
F125
In this section “maintained school” includes a maintained nursery school.
School attendance targets
C1763 School attendance targets.
1
Regulations may make provision for and in connection with—
a
requiring, or
b
enabling the Secretary of State to require,
governing bodies of maintained schools to secure that annual targets are set for reducing the level of F15unauthorised absences on the part of relevant day pupils at their schools.
2
Regulations under this section may, in particular, make provision—
a
for the Secretary of State to impose such a requirement on the governing body of a maintained school where—
i
the specified condition is for the time being satisfied in relation to the school, and
ii
he considers it appropriate to impose the requirement;
b
for such a requirement to be imposed by the Secretary of State in such manner, and for such period, as may be specified in or determined in accordance with the regulations;
c
for the Secretary of State, where he considers it appropriate to do so, to exempt the governing body of a maintained school, in relation to any school year, from a requirement imposed by virtue of subsection (1)(a) or (b).
3
For the purposes of subsection (2)(a)(i) the specified condition is for the time being satisfied in relation to a maintained school if in the previous school year the level of F16unauthorised absences on the part of relevant day pupils at the school (as determined in accordance with the regulations) exceeded such level as may for that year be specified in or determined in accordance with the regulations.
F143A
Provision made by regulations under this section may relate to—
a
absences which are authorised pursuant to regulations under section 434 of the Education Act 1996, or
b
absences which are not so authorised, or
c
both.
4
In this section—
“relevant day pupil” means a pupil registered at a maintained school who is of compulsory school age and is not a boarder;
F17“unauthorised absence”, in relation to such a pupil, means any occasion on which the pupil is recorded as absent without authority pursuant to regulations under section 434 of theM3Education Act 1996 (registration of pupils).
Exclusion of pupils
F1364 Power of head teacher to exclude pupils.
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F1365 Exclusion of pupils: duty to inform parents, etc.
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F1366Functions of governing body in relation to excluded pupils.
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F1367Appeals against exclusion of pupils.
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F1368Exclusion of pupils: guidance.
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