Education (School Teacher Appraisal) (England) Regulations 2001

Review of appraisal

19.—(1) A teacher shall be entitled to complain about an appraisal statement not later than the end of the period of 10 school days beginning with the day on which he first had access to it.

(2) The review officer in relation to a complaint by a head teacher shall be the chairman of the governing body, but where the chairman of the governing body had participated in the appraisal complained of, the governing body shall appoint one or more governors who have not participated in the appraisal complained of as review officers in relation to such complaint.

(3) The review officer in relation to a complaint by a teacher who is not a head teacher shall be the head teacher, but where the appraiser is the head teacher, the review officer shall be the chairman of the governing body.

(4) No governor who is a teacher or other staff member at the school shall be appointed as a review officer for a teacher at the school.

(5) The review officer shall not later than the end of the period of 10 school days beginning with the day on which he was provided with a copy of the appraisal statement conduct and conclude a review of the appraisal complained of, and shall take account of any representations made by the teacher.

(6) The review officer may—

(a) order the appraisal statement to stand with or without observations of his own; or

(b) with the agreement of the appraiser, or in the case of a head teacher all the appraisers, amend the appraisal statement; or

(c) except where the teacher is employed under a short fixed term contract, order that the appraisal statement be expunged and order a new appraisal.

(7) Where a new appraisal is ordered under paragraph (6)(c)—

(a) in the case of a head teacher, all the appraisers shall be replaced by new appraisers appointed in accordance with regulation 6; and

(b) in the case of a teacher who is not a head teacher, a new appraiser shall be appointed in accordance with regulation 8, and where the head teacher was the appraiser the review officer shall appoint as appraiser the head teacher of another school or such other person of suitable seniority, expertise and experience as he considers fit,

and subject to paragraph (8) the review officer shall determine which appraisal procedures shall be repeated.

(8) The review officer shall not—

(a) determine that new objectives be agreed or set in accordance with regulation 12 or 13; or

(b) determine that the objectives agreed or set under regulation 12 or 13 be revised.

(9) All appraisal procedures determined to be repeated where a new appraisal is ordered under paragraph (6)(c) shall be completed by not later than the end of the period of 15 school days beginning with the date on which the review officer made his order.