Regulation 3
1.Interpretation
2.General responsibilities of the Governing Body and the Head Teacher with respect to the conduct of the School
3.Curriculum: general
4.Curriculum: complaints
5.Admissions: arrangements for admission of pupils to the School
6.Discipline: general duties in relation to pupils
7.Exclusion of pupils
8.Reinstatement of excluded pupils
9.Appeals against admissions decisions and decisions permanently to exclude pupils
10.Publication of information relating to the procedure on appeals against decisions permanently to exclude pupils
11.Annual report to parents
12.Annual parents' meeting
13.Terms, holidays and sessions
14.School premises
15.Appointment of the head teacher and deputy head teacher
16.Appointment of staff other than the head teacher and deputy head teacher
17.Staff: discipline
18.Staff: suspension
19.Staff: dismissal
20.Staff: grievance procedures
21.Staff: induction and training of teaching staff
22.Duty to make available copies of the instrument and articles of government
Appendix
Appeal Committees: procedure
1.—(1) In these Articles—
“the 1988 Act” means the Education Reform Act 1988(1);
“the 1993 Act” means the Education Act 1993(2);
“the Clerk to the Governing Body” means the person appointed by the Governing Body in accordance with the instrument of government to be the clerk to the Governing Body;
“funding authority” has the meaning assigned to it by section 5(1) of the 1993 Act;
“the Governing Body” means the governing body of any grant-maintained special school to which these Articles apply by virtue of paragraph 2(1) and (3) of Schedule 11 to the 1993 Act;
“the Head Teacher” means the person appointed to be the head teacher or acting head teacher of the School;
“registered”, in relation to parents or pupils, means shown in the register kept under section 80 of the Education Act 1944(3);
“the School” means the school conducted by the Governing Body;
“school day” has the meaning assigned to it by section 65(1) of the Education (No. 2) Act 1986(4); and
“school holidays” includes any school holidays which are not less than five days in length and which take place during the course of a term.
(2) In these Articles, unless the context otherwise requires, “parent”, in relation to a pupil at the School, includes any person—
(a)who is not a parent of his but who has parental responsibility for him, or
(b)who has care of him,
except for the purposes of Article 12, where it only includes such a person if he is an individual.
(3) For the purposes of paragraph (2) above—
(a)“parental responsibility” has the same meaning as in the Children Act 1989(5); and
(b)in determining whether an individual has care of a pupil, any absence of the pupil at a hospital or boarding school and any other temporary absences shall be disregarded.
(4) For the purposes of these Articles, any question whether a pupil belongs to the area of a particular local education authority shall be determined, as it would for the purposes of the Education Act 1980(6), in accordance with regulations made under section 38(5) of that Act(7).
2.—(1) Subject to paragraph (2) below, the conduct of the School shall be under the direction of the Governing Body.
(2) Paragraph (1) above is subject to—
(a)any provision of these Articles conferring specific functions on any person other than the Governing Body; and
(b)any other provision affecting the conduct of the School made by or under the Education Acts 1944 to 1993 or any other enactment.
(3) Subject to paragraph (4) below, the Head Teacher shall be responsible for the internal organisation and management of the School, and for deploying and managing the staff of the School (other than the Clerk to the Governing Body).
(4) In exercising his functions under paragraph (3) above the Head Teacher shall comply with any direction given by the Governing Body.
(5) The Head Teacher shall furnish the Governing Body with such reports in connection with the discharge of his functions as the Governing Body may require.
(6) It shall be the duty of the Governing Body and the Head Teacher to exercise their functions with respect to the conduct of the School with a view to—
(a)securing that there are good relations and mutual respect and tolerance between the staff and pupils at the School and other persons in the local community served by it; and
(b)promoting among the pupils at the School a regard for good relations and mutual respect and tolerance between—
(i)persons belonging to different racial groups;
(ii)persons of different sex;
(iii)persons of different ages; and
(iv)persons of different creeds, beliefs and opinions.
(7) It shall be the duty of the Head Teacher to exercise his functions in relations to the School with a view to assisting the Governing Body in complying with the provisions of sections 22 and 25 of the Sex Discrimination Act 1975(8) and sections 17 and 19 of the Race Relations Act 1976(9) (which are concerned respectively with preventing sex discrimination and racial discrimination in the field of education).
(8) In this Article the reference to “racial groups” shall be interpreted in accordance with section 3 of the Race Relations Act 1976.
3.—(1) In any case where the School is not established in a hospital, the Governing Body and the Head Teacher, in exercising their functions with respect to the conduct of the School, shall secure that they discharge the duties imposed on them under Chapter I of Part I of the 1988 Act(10) relating to the curriculum for the School.
(2) Subject to the provisions of Chapter I of Part I of the 1988 Act (which require the provision in schools of a basic curriculum including the National Curriculum), the content of the secular curriculum for the School shall be under the control of the Governing Body.
(3) The Governing Body shall, when considering the content of the secular curriculum for the School, have regard to any representations with respect to that curriculum—
(a)which are made to them by any persons connected with the community served by the School; or
(b)which are made to them by the chief officer of police and are connected with his responsibilities.
(4) The Governing Body shall make, and keep up to date, a written statement of what in their opinion should be the aim of the secular curriculum for the School, and shall furnish the Head Teacher and the Secretary of State with a copy of that statement.
(5) Where the School provides primary education, the Governing Body shall—
(a)consider separately the question of whether sex education shall form part of the secular curriculum at the School for pupils who are provided with primary education; and
(b)make, and keep up to date, a separate written statement—
(i)of their policy with regard to the content and organisation of the relevant part of the curriculum; or
(ii)where they conclude that sex education should not form part of the secular curriculum for pupils receiving primary education, of that conclusion; and
(c)furnish the Head Teacher and the Secretary of State with a copy of that statement.
(6) Save as otherwise expressly provided, the Head Teacher shall be allocated by the Governing Body such functions as will, subject to the resources available, enable him to determine and organise the secular curriculum and secure that it is followed within the School.
(7) The Head Teacher shall make available for inspection at the School (at all reasonable times) to all persons wishing to inspect it a copy of any statement made by the Governing Body in accordance with paragraph (4) or (5) above.
4.—(1) The Governing Body shall make arrangements for the consideration and disposal of complaints relating to any matter concerning the curriculum followed within the School including, in particular, the discharge by the Governing Body of any duties imposed on them under Chapter I of Part I of the 1988 Act.
(2) The arrangements referred to in paragraph (1) above must, in particular, provide—
(a)for any complaint to be made in the first instance in writing to the Head Teacher for his consideration; and
(b)if the complainant is dissatisfied with the response to his complaint from the Head Teacher, or he does not receive any such response within a period specified under the arrangements, for the complainant to be able to refer the matter to the Governing Body for their consideration.
(3) The Governing Body may from time to time revise the arrangements made by them under this Article; and any such arrangements (whether as initially determined or as revised by the Governing Body) shall not have effect unless they have been approved by the Secretary of State.
5.—(1) The Governing Body shall determine, and may from time to time revise, the arrangements for the admission of pupils to the School in any school year.
(2) The arrangements for the admission of pupils to the School (whether as initially determined or as revised by the Governing Body) shall not have effect unless they have been approved by the Secretary of State.
(3) In this Article, arrangements for the admission of pupils to the School shall include the policy to be followed by the Governing Body in determining applications for admission to the School.
6.—(1) Subject to paragraph (2) below, 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 at the School, self-discipline and proper regard for authority;
(b)encouraging good behaviour and respect for others on the part of those pupils;
(c)securing that the standard of behaviour of those pupils is acceptable; and
(d)otherwise regulating the conduct of those pupils.
(2) In determining any such measures, the Head Teacher shall—
(a)act in accordance with any written statement of general principles provided for him by the Governing Body; and
(b)have regard to any guidance that they may offer in relation to particular matters.
(3) It shall be the duty of the Head Teacher to make such measures generally known within the School.
(4) For the purposes of paragraph (1) above, 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.
(5) The power to exclude a pupil from the School (whether by suspension, expulsion or otherwise) shall be exercisable only by the Head Teacher.
7.—(1) It shall be the duty of the Head Teacher—
(a)where he excludes from the School a pupil who is under the age of eighteen years, to take (without delay) reasonable steps to inform a parent of the pupil of the period of the exclusion and the reasons for it; and
(b)where he decides that any exclusion of such a pupil from the School which was originally for a fixed period should be made permanent, to take (without delay) reasonable steps to inform a parent of the pupil of his decision and the reasons for it.
(2) Where the Head Teacher excludes any pupil from the School, he shall (without delay) take reasonable steps to inform the pupil, if he is aged eighteen years or over, or, if he is not, a parent of his, that the pupil or (as the case may be) the parent may make representations about the exclusion to the Discipline Committee established in accordance with Article 8(1).
(3) It shall be the duty of the Head Teacher, where he excludes a pupil from the School—
(a)for more than five school days (in the aggregate) in any one school term; or
(b)in such circumstances in which the pupil would, as a result of his exclusion from the School, lose an opportunity to take any public examination,
to inform (without delay) the Discipline Committee established in accordance with Article 8(1) of the period of the exclusion and of the reasons for it, and where he decides that any exclusion of a pupil from the School which was originally for a fixed period should be made permanent, to inform them (without delay) of his decision and the reasons for it.
(4) Where the Head Teacher permanently excludes a pupil from the School, he shall inform (without delay) the local education authority to whose area the pupil belongs.
(5) For the purposes of this Article and Article 8, the Head Teacher shall be taken to have informed the Discipline Committee of a pupil’s exclusion from the School when he has informed the chairman of, or the clerk to, the Discipline Committee of that exclusion.
8.—(1) The Governing Body shall establish a committee to be known as the Discipline Committee for the purpose of exercising the functions assigned to it by this Article.
(2) It shall be the duty of the Discipline Committee, where they have been informed of the permanent exclusion of a pupil from the School—
(a)to consider whether he should be reinstated immediately, reinstated by a particular date or not reinstated;
(b)where they consider he should be reinstated, to give the appropriate direction to the Head Teacher; and
(c)where they consider he should not be reinstated, to inform—
(i)the pupil, if he is aged eighteen years or over, or, if he is not, a parent of his;
(ii)the Head Teacher; and
(iii)the local education authority to whose area the pupil belongs,
of their decision.
(3) In any case to which paragraph (2)(c) above applies, the Discipline Committee shall give the pupil or (as the case may be) his parent notice in writing of—
(a)his right to appeal against their decision not to reinstate the pupil;
(b)the arrangements made by the Governing Body in accordance with Article 9 for enabling an appeal to be made against any such decision;
(c)the last date by which an appeal may be made calculated in accordance with Article 9(4); and
(d)the fact that, where he gives notice in writing to the Discipline Committee or the Governing Body that he does not intend to appeal, no appeal may be made after that notice has been given.
(4) Where in accordance with paragraph (3) above notice in writing is required to be given to a person, that notice may be given either—
(a)by delivering the notice by hand to the person’s last known address; or
(b)by properly addressing, pre-paying and sending by first class post a letter containing the notice to the person at his last known address.
(5) The Discipline Committee shall complete any steps required to be taken under paragraphs (2) and (3) above within the period ending on the fifteenth school day following the date on which they were informed by the Head Teacher of the pupil’s permanent exclusion from the School.
(6) Where in accordance with paragraph (2)(b) above the Discipline Committee give a direction to the Head Teacher to reinstate a pupil, they shall inform—
(a)the pupil, if he is aged eighteen years or over, or, if he is not, a parent of his; and
(b)the local education authority to whose area the pupil belongs,
of that fact on or before the first school day following the date on which the direction was given.
(7) For the purposes of calculating the periods referred to in paragraphs (5) and (6) above, where notice of any matter is sent by the Discipline Committee to a person at his last known address—
(a)by first class post;
(b)by facsimile transmission (or other similar means which produce a document containing a text of the communication); or
(c)by delivery by hand;
the Discipline Committee shall be taken to have informed that person of that matter on the date on which (as the case may be) the notice was posted, transmitted or delivered.
(8) The Head Teacher shall comply with any direction given by the Discipline Committee in accordance with paragraph (2)(b) above.
(9) It shall be the duty of the Head Teacher, where he has excluded a pupil from the School for a fixed period—
(a)for more than five school days (in the aggregate) in any one school term; or
(b)in circumstances in which the pupil would, as a result of his exclusion from the School, lose an opportunity to take any public examination,
to comply with any direction for the reinstatement of the pupil given by the Discipline Committee.
9.—(1) The Governing Body shall make arrangements for enabling a pupil, if he is aged eighteen years or over, or, if he is not, a parent of his, to appeal against any decision of the Discipline Committee in accordance with Article 8(2) not to reinstate the pupil following his permanent exclusion from the School.
(2) For the purposes of paragraph (1) above, the Governing Body may make joint arrangements with the governing body of one or more other grant-maintained special schools.
(3) Any appeal by virtue of this Article shall be to an appeal committee constituted in accordance with the provisions of the instrument of government for the Governing Body; and the Appendix to these Articles shall have effect in relation to any such appeal.
(4) No appeal against a decision of the Discipline Committee not to reinstate a pupil following his permanent exclusion from the School may be made after the fifteenth school day after the day on which the pupil or, as the case may be, a parent of his received the notice given in accordance with Article 8(3).
(5) For the purposes of calculating the period referred to in paragraph (4) above, the pupil or (as the case may be) his parent shall, unless the contrary is shown, be taken to have received the notice given in accordance with Article 8(3)—
(a)where first class post is used, on the second school day after posting; or
(b)where the notice is delivered by hand, on the date on which it is so delivered.
(6) Any notice in writing given to the Discipline Committee or the Governing Body by a pupil (if he is aged eighteen years or over) or his parent (if he is not), stating that he does not intend to appeal against a decision not to reinstate the pupil, shall be final; and, where any such notice is received before the expiry of the period referred to in paragraph (4) above, the period for appealing shall expire on the date on which that notice is received.
(7) The decision of an appeal committee on any appeal shall be binding on the persons concerned.
(8) Where the appeal committee determines that the pupil in question should be reinstated, it shall direct that he be reinstated immediately or direct that he be reinstated on or before such date as is specified in the direction.
10.—(1) The Governing Body shall, for each school year, publish particulars of the procedures applicable under these Articles, and any further arrangements made by the Governing Body in respect of appeals, in relation to the exclusion of pupils from the School.
(2) The particulars referred to in paragraph (1) above shall be published by making a copy available at the school, without charge, for reference by parents and other persons.
(3) In paragraph (1) above, the reference to an appeal is to an appeal against a decision of the Discipline Committee made under Article 8(2) not to reinstate a pupil following his permanent exclusion from the School.
11.—(1) The Governing Body shall prepare, once in every school year, a report (“the governors' report”) containing—
(a)a summary of the steps taken by the Governing Body in the discharge of their functions during the period since their last report; and
(b)the information referred to in paragraph (2) below.
(2) Subject to paragraph (6) below, the governors' report shall—
(a)be as brief as is reasonably consistent with the requirements as to its contents;
(b)give details of the date, time and place for the next annual parents' meeting and its agenda;
(c)indicate that the purpose of that meeting will be to discuss both the governors' report and the discharge by the Governing Body and the Head Teacher of their functions in relation to the School;
(d)report on the consideration which has been given to any resolutions passed at the previous such meeting;
(e)give the name of each governor and indicate what category of governorship he holds;
(f)give, in relation to each governor other than the Head Teacher, the date on which his term of office comes to an end;
(g)name, and give the address of, the chairman of the Governing Body and the Clerk of the Governing Body;
(h)where the School is not established in a hospital, give such information as is available to the Governing Body about arrangements for the next election of parent governors;
(i)give such information in relation to public examinations as is required to be published in accordance with regulations made under section 153(1) of the 1993 Act;(11)
(j)describe what steps have been taken by the Governing Body to develop or strengthen the School’s links with the community (including links with the police);
(k)give particulars of the dates of the beginning and end of each school term and of each holiday for the school year immediately following the school year in which the report has been prepared; and
(l)provide a summary of any changes to the information contained in the school prospectus since it was last published.
(3) The Governing Body may produce their report in such language or languages (in addition to English) as they consider appropriate.
(4) The Governing Body shall take such steps as are reasonably practicable to secure that—
(a)the registered parents of all registered pupils at the school and all persons employed at the School are given (free of charge) a copy of the governors' report;
(b)copies of the report are available for inspection (at all reasonable times and free of charge) at the School; and
(c)subject to paragraph (6) below, copies of the report are given to parents in accordance with sub-paragraph (a) above not less than two weeks before the annual parents' meeting at which that report is to be considered.
(5) There shall be annexed to any copy of the governors' report made available for inspection in accordance with paragraph (4)(b) above the audited accounts of the School for the financial year ending with 31st March in the school year immediately preceding the school year in which the report is prepared.
(6) The requirements imposed by paragraph (2)(b) to (d) and paragraph (4)(c) above shall not apply where in accordance with Article 12(10) or (11) the Governing Body have determined to refrain from holding the next annual parents' meeting.
(7) The Governing Body shall furnish the Secretary of State with a copy of any governors' report produced by them.
(8) In paragraph (5) above, “financial year” means a period of twelve months ending with 31st March.
12.—(1) Subject to paragraphs (10) and (11) below, the Governing Body shall hold a meeting once in every school year (“the annual parents' meeting”) which is open to—
(a)all parents of registered pupils at the School; and
(b)such other persons as the Governing Body may invite.
(2) The purpose of the meeting shall be to provide an opportunity for the discussion of—
(a)the governors' report;
(b)the audited accounts annexed to that report in accordance with Article 11(5); and
(c)the discharge by the Governing Body and the Head Teacher of their functions in relation to the School.
(3) The proceedings at any annual parents' meeting shall be under the control of the Governing Body.
(4) No person who is not a parent of a registered pupil may vote on any question put to such a meeting.
(5) Where the required number of parents of registered pupils at the School are present at any annual parents' meeting, the meeting may pass (by simple majority) resolutions on any matters which may properly be discussed at the meeting.
(6) The Governing Body shall—
(a)consider any such resolution which is duly passed at such a meeting and which they consider is a matter for them; and
(b)send to the Head Teacher a copy of any such resolution which they consider is a matter for him.
(7) The Governing Body shall comment (in writing) on any such resolution which they consider is a matter for them, for inclusion in their next governors' report.
(8) The Head Teacher shall consider any such resolution a copy of which has been sent to him by the Governing Body and shall provide the Governing Body with a brief comment on it (in writing) for inclusion in their next governors' report.
(9) For the purposes of this Article, any question whether a person is a parent of a registered pupil at the School shall be determined by the Governing Body.
(10) Where the School is established in a hospital, and the Governing Body are of the opinion that it would be impracticable to hold an annual parents' meeting in a particular school year, they may refrain from holding such a meeting in that year.
(11) Where the School is not established in a hospital and—
(a)the Governing Body are of the opinion that it would be impracticable to hold an annual parents' meeting in a particular school year;
(b)at least fifty per cent of the registered pupils at the School are boarders at the time when the Governing Body form that opinion; and
(c)an annual parents' meeting was held by the Governing Body in the immediately preceding school year,
they may refrain from holding such a meeting.
(12) In paragraph (5) above, “the required number” means any number equal to at least twenty per cent of the number of registered pupils at the School.
13. It shall be the duty of the Governing Body to determine—
(a)the dates at which the school terms and holidays are to begin and end; and
(b)the times at which the school session or, if there is more than one session, each school session is to begin and end on any day.
14.—(1) Where the School is established in a hospital, the provisions of this Article shall have effect only to the extent to which the Governing Body are entitled to occupy the premises of the School.
(2) Subject to the following provisions of this Article, the use of the premises of the School shall be under the control of the Governing Body.
(3) The Governing Body, in exercising control of the use of the premises of the School, shall have regard to the desirability of the premises being made available for community use.
(4) Subject to paragraph (5) below, the Governing Body shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the premises of the School; and
(a)they may do so notwithstanding that any trust deed relating to the School would, apart from this provision, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but
(b)they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by the trust deed as would obtain if control were being exercised by the Governing Body.
(5) The Governing Body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the premises of the School during school hours unless they have first obtained the appropriate authority’s consent to the agreement in so far as it makes such provision.
(6) In paragraph (5) above, the reference to the appropriate authority is—
(a)where an order has been made under section 12(1) of the 1993 Act (transfer to the funding authority of responsibility for providing sufficient school places) in respect of the area of the local education authority in which the School is situated, to the funding authority; or
(b)in any other case, to the Secretary of State.
(7) A transfer of control agreement shall be taken to include the following terms, namely—
(a)that the controlling body, in exercising control of the use of any premises subject to the agreement shall have regard to the desirability of the premises being made available for community use; and
(b)that, if reasonable notice is given in writing by the Governing Body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for the use by or in connection with the School at such times as may be so specified, then—
(i)the use of the specified premises at those times shall be under the control of the Governing Body; and
(ii)accordingly, those premises may be used at those times by or in connection with the School for such purposes as may be specified in the notice,
notwithstanding that their use at those times would, apart from this sub-paragraph, be under the control of the controlling body.
(8) Where a transfer of control agreement makes provision for the use of any premises which are subject to the agreement to be occasionally under the control of the Governing Body, instead of the controlling body, in such circumstances, at such time or for such purposes as may be provided by or under the agreement, paragraph (7) (b) above shall not have effect in relation to that agreement if, at the time of entering into it, the Governing Body were of the opinion that the express provision would be more favourable to the interests of the School than the term that would otherwise be included by virtue of that provision.
(9) Where any trust deed relating to the School provides for any person other than the Governing Body to be entitled to control the use of the premises of the School to any extent, then, if and to the extent that, disregarding any transfer of control agreement, the use of those premises is or would be under the control of such a person, this Article shall have effect with the substitution for references to the Governing Body of references to that person.
(10) Where, in accordance with section 38 of the 1993 Act(12) the rights and liabilities of the former governing body of the School under a transfer of control agreement relating to the whole or any part of the premises of the School are transferred to the Governing Body, the power of the Governing Body to control the use of those premises shall be subject to the terms of that agreement.
(11) Where in an agreement made under paragraph 1 or 2 of Schedule 10 to the 1988 Act, or under a determination made in accordance with paragraphs 62 to 64 of Schedule 8 to the Further and Higher Education Act 1992(13) arrangements are made with respect to the use of the whole or any part of the premises of the School, the power of the Governing Body to control the use of those premises shall be subject to the terms of those arrangements.
(12) In this Article—
“community use” means the use of the premises of the School (when not required by or in connection with the School) by members of the local community;
“the controlling body” means the body or person (other than the Governing Body) which has the control of the use of the whole or any part of the premises of the School under the transfer of control agreement in question;
“school hours” means any time during a school session or during a break between sessions on the same day, and “outside school hours” shall be construed accordingly; and
“school session” means a school session beginning and ending at such times as may from time to time be determined in accordance with Article 13.
(13) In this Article, “transfer of control agreement” means—
(a)in paragraph (10) above, a transfer of control agreement entered into in accordance with section 42 of the Education (No. 2) Act 1986(14); or
(b)in any other case, an agreement which, subject to paragraph (7) above, provides for the use of so much of the premises of the School as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.
15.—(1) This Article applies in relation to the appointment of any person to fill a vacancy in the post of head teacher or deputy head teacher of the School.
(2) Before appointing any person as head teacher or deputy head teacher, the Governing Body shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.
(3) The Governing Body shall appoint a selection panel consisting of at least three of their members to perform the functions conferred on the panel under this Article.
(4) The selection panel shall—
(a)interview such applicants for the post as they think fit; and
(b)where they consider that it is appropriate to do so, recommend to the Governing Body for appointment one of the applicants interviewed by them.
(5) If the selection panel are unable to agree on a person to recommend to the Governing Body, or the Governing Body do not approve their recommendation, the Governing Body—
(a)may, if they think fit, re-advertise the vacancy in the manner required by paragraph (2) above; and
(b)whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in paragraph (4) above.
(6) Where the post of head teacher has not been filled, or it appears to the Governing Body that the post will not be filled, by an appointment made in accordance with the preceding provisions of this Article before the date on which the post falls vacant, the Governing Body shall, pending the making of such an appointment, appoint a person as acting head teacher.
(7) Where the post of deputy head teacher has not been filled, or it appears to the Governing Body that the post will not be filled, by an appointment made in accordance with the preceding provisions of this Article before the date on which the post falls vacant, the Governing Body may, pending the making of such an appointment, appoint a person as acting deputy head teacher.
(8) Any person employed to work at the School in accordance with this Article shall be employed under a written contract of employment.
16.—(1) This paragraph applies in relation to the appointment of persons to work at the School (other than the head teacher and the deputy head teacher).
(2) Subject to the following provisions of this Article, the Governing Body may appoint such persons to work at the School as they think fit.
(3) The Governing Body may delegate the function of selecting a person to fill a post at the School to one or more governors (including the Head Teacher).
(4) Except where in accordance with paragraph (3) above the Governing Body delegate a person’s selection to the Head Teacher, the persons making the selection shall consider any advice given by the Head Teacher before selecting any person to work at the School.
(5) Subject to paragraph (6) below, where there is a vacancy in a teaching post at the School, the Governing Body shall, unless they decide to fill the vacancy by the appointment of a person who is already employed to work at the School, advertise the vacancy as they think fit.
(6) Where the Governing Body advertise a vacancy in accordance with paragraph (5) above, they shall not be required to appoint a person who has applied for the vacancy in response to their advertisement.
(7) Any person employed to work at the School in accordance with this Article shall be employed under a written contract of employment.
17.—(1) The Governing Body shall establish a committee to be known as the Staff Committee for the purpose of exercising the functions assigned to it by this Article and Articles 18 and 19.
(2) Subject to paragraphs (3) and (4) below and Articles 18 and 19, the Staff Committee shall have control of all matters relating to the conduct and discipline of persons employed to work at the School.
(3) The Governing Body shall establish disciplinary rules and procedures in relation to the persons employed to work at the School and shall take such steps as appear to them to be appropriate for making them known to such persons.
(4) The Staff Committee shall consult the Head Teacher before taking any disciplinary action in relation to a person employed to work at the School.
(5) For the purposes of paragraph (4) above, “disciplinary action” includes any action relating to the suspension or dismissal of any person employed to work at the School.
18.—(1) Subject to paragraph (2) below, the Staff Committee and the Head Teacher shall both have power to suspend any person employed to work at the School where, in the opinion of the Staff Committee or the Head Teacher, as the case may be, his exclusion from the School is required.
(2) Where the Head Teacher suspends any person in accordance with paragraph (1) above, he shall immediately inform the Staff Committee of that fact and the reasons for his decision.
(3) Any suspension under this Article may be ended only by the Staff Committee; and the Staff Committee shall, on ending such a suspension, immediately inform the Head Teacher.
(4) In these Articles, “suspend” means suspend without loss of emoluments.
19.—(1) The Staff Committee shall have power to determine that any person employed to work at the School should be dismissed.
(2) Where the Staff Committee are to consider the dismissal of any person employed to work at the School, they shall secure that, before reaching a decision on whether to dismiss the person concerned—
(a)he is given at least seven days' written notice of the meeting at which his dismissal is to be considered;
(b)he is informed at the same time of his right to make representations (including oral representations) to the Staff Committee to be considered by them at that meeting; and
(c)they have regard to any representations made by him.
(3) The Head Teacher shall be entitled to attend any such meeting as is referred to in paragraph (2) above; and, except where it concerns his dismissal, the Staff Committee shall have regard to any advice given by the Head Teacher before reaching their decision.
(4) The Governing Body shall make arrangements for enabling any person employed to work at the School to appeal against a decision of the Staff Committee to dismiss him.
(5) Any appeal by virtue of this Article shall be to an appeal committee constituted in accordance with the provisions of the instrument of government for the Governing Body; and the Appendix to these Articles shall have effect in relation to any such appeal.
(6) The decision of an appeal committee under this Article on any such appeal shall be binding on the persons concerned.
(7) Where in accordance with the preceding provisions of this Article it is determined by the Staff Committee that any person employed to work at the School should be dismissed, the Governing Body shall either give that person such notice terminating his contract of employment with them as is required under that contract or terminate that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct.
(8) For the purposes of paragraph (7) above, any determination made by the Staff Committee in accordance with the preceding provisions of this Article shall not have effect until—
(a)where an appeal is made against the decision of the Staff Committee, that appeal has been determined; or
(b)in any other case, the period for making such an appeal has expired,
and in any case to which paragraph (a) above applies, any such determination shall not thereafter have effect where the appeal is successful.
(9) This Article shall not apply in relation to the dismissal of the Clerk to the Governing Body.
20. The Governing Body shall establish procedures for giving members of the staff at the School opportunities for seeking redress of any grievances relating to their employment.
21. It shall be the duty of the Governing Body to make arrangements with respect to—
(a)the induction of newly qualified teachers at the School; and
(b)the in-service training and professional development of teachers at the School.
22. The Governing Body shall secure that copies of these Articles and the instrument of government applying to the School are made available for inspection at the School (at all reasonable times and free of charge) by any parent of a registered pupil or person employed to work at the School.
1. This Appendix shall have effect with respect to the procedure on an appeal to an appeal committee established in accordance with any arrangements made by the Governing Body in pursuance of Articles 9 and 19.
2. An appeal shall be made by notice in writing setting out the grounds on which it is made.
3.—(1) Subject to sub-paragraph (2) below, an appeal committee shall meet to consider an exclusion appeal—
(a)within the period ending with the fifteenth school day after the day on which the appeal is lodged; or
(b)if the Governing Body has determined a shorter period, within that period.
(2) The Governing Body may extend the period within which an appeal committee are to consider an exclusion appeal where—
(a)the pupil who is the subject of the appeal (if he is aged eighteen years or over) or his parent (if he is not) requests them to do so; and
(b)they are satisfied that the circumstances are exceptional and justify the period under sub-paragraph (1) above being extended.
(3) In this Appendix, “exclusion appeal” means an appeal against a decision of the Discipline Committee under Article 8(2) not to reinstate a pupil following his permanent exclusion from the School.
4.—(1) An appeal committee shall afford the appellant the opportunity of making representations including (if he so wishes) oral representations.
(2) The appeal committee shall afford the Head Teacher and a member of the relevant authority the opportunity of making written representations.
(3) Where in accordance with sub-paragraph (1) above the appellant decides to appear before the appeal committee in order to make oral representations to them—
(a)they shall afford the Head Teacher and a member of the relevant authority the opportunity of appearing and making oral representations;
(b)they may allow the appellant to be accompanied by a friend or to be represented; and
(c)they may allow the relevant authority to be represented.
(4) In this paragraph, “the relevant authority” means the authority responsible for the decision or action against which the appeal is made.
5. In the event of a disagreement between the members of an appeal committee the appeal under consideration shall be decided by a simple majority of the votes cast and in the case of an equality of votes the chairman of the committee shall have a second or casting vote.
6. The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the appellant, the Governing Body, the Head Teacher and, in the case of an exclusion appeal, the local education authority to whose area the pupil belongs.
7.—(1) Subject to sub-paragraph (2) below, in the case of an exclusion appeal the decision of an appeal committee and the grounds on which it is made shall be communicated to the persons referred to in paragraph 6 above within—
(a)the period ending with the seventeenth school day after the day on which the appeal is lodged; or
(b)if the Governing Body has determined a shorter period, that period.
(2) Where the Governing Body extend the period for the consideration of an appeal in accordance with paragraph 3(2) above, they shall also (to the extent it appears to them to be necessary as a result of the extension of that period) extend the period within which the appeal committee are to communicate their decision.
8. All appeals shall be held in private except when otherwise directed by the Governing Body, but any member of the Council on Tribunals may attend as an observer any meeting of an appeal committee at which an appeal is considered.
9. Two or more exclusion appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.
10. Subject to paragraphs 2 to 9 above, all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the Governing Body.
11.—(1) Subject to sub-paragraph (2) below, where joint arrangements for appeals have been made in accordance with Article 9(2), paragraphs 2 to 10 above shall have effect in respect of any appeal made under these Articles to an appeal committee established in accordance with those arrangements.
(2) In the case of any appeal to which sub-paragraph (1) above applies, paragraphs 8 and 10 above shall have effect as if for “the Governing Body” there were substituted the words “the Governing Body and the governing body of every other school which is a party to the arrangements, acting jointly”.
1944 c. 31; section 80 was amended by paragraph 5 of Schedule 12 to the Education Reform Act 1988 (c. 40).
1989 c. 41, section 3.
The current regulations are the Education (Areas to which Pupils and Students Belong) Regulations 1989 (S.I. 1989/2037, amended by 1990/361 and 1990/1653).
1975 c. 65; sections 22 and 25 were amended by paragraphs 15 and 16 of Schedule 12 to the Education Reform Act 1988 (c. 40) respectively, and are applied in relation to grant-maintained special schools by regulation 42(1) of, and Part I of the Schedule to, the Education (Grant-maintained Special Schools) Regulations 1994 (S.I. 1994/653).
1976 c. 74; sections 17 and 19 were amended by paragraphs 18 and 19 of Schedule 12 to the Education Reform Act 1988 (c. 40) respectively, and are applied in relation to grant-maintained special schools by regulation 42(1) of, and Part I of the Schedule to, the Education (Grant-maintained Special Schools) Regulations 1994 (S.I. 1994/653).
Provisions of Chapter of I Part I of the Education Reform Act 1988 (c. 42) are applied in relation to grant-maintained special schools by regulation 42(1) of, and Part I of the Schedule to, the Education (Grant-maintained Special Schools) Regulations 1994 (S.I. 1994/653).
See the Education (Special Educational Needs) (Information) Regulations 1994 (S.I. 1994/1048).
By virtue of regulation 9 of the Education (Grant-maintained Special Schools) Regulations 1994 (S.I. 1994/653), section 38 of the 1993 Act applies in relation to any school in respect of which proposals to become a grant-maintained special school have been approved as it applies in relation to any school in respect of which proposals for the acquisition of grant-maintained status are approved.
1992 c. 13; see also paragraph 61 of Schedule 8 which substitutes paragraphs 62 to 64 of Schedule 8 for paragraph 3 of Schedule 10 to the Education Reform Act 1988 (c. 40). Paragraph 61 of Schedule 8 is amended by section 47(6) of the Education Act 1993 (c. 35).
1986 c. 61; section 42 was substituted by paragraph 5 of Schedule 13 to the Education Act 1993 (c. 35).