PART 9Committees of governing bodies

Staff disciplinary and dismissal committee and disciplinary and dismissal appeals committee55.

(1)

The following functions of the governing body of a school must be delegated to a committee, to be known as the staff disciplinary and dismissal committee—

(i)

at a community, voluntary controlled or community special school, the initial determination under F1regulation 17(1) of The Staffing of Maintained Schools (Wales) Regulations 2006 that any person employed by the F2local authority to work at the school should cease to work there;

(ii)

at a foundation, voluntary aided or foundation special school, the initial decision that a person employed to work at the school should have his or her contract of employment with the governing body terminated or should not have his or her contract renewed (except where the dismissal is pursuant to a direction of the F2local authority under section 55(5) of the 1998 Act); and

(iii)

the hearing of representations in relation to a decision which must be delegated under this paragraph.

(2)

The hearing of any appeal in respect of a decision that must be delegated under paragraph (1) must be delegated to a committee, known as the disciplinary and dismissal appeals committee.

F3(3)

The staff disciplinary committee must include not less than three governors, but where allegations are made against a member of staff that that member of staff has caused harm to a registered pupil at the school the committee must include not less that two governors and an independent person who is not a governor.

(3A)

For the purposes of paragraph (3) “harm” (“niwed”) means physical, sexual or emotional abuse.

F4(4)

The disciplinary appeal committee must include no fewer governors than the staff disciplinary committee whose decision is subject to appeal and where allegations are made against a member of staff that involve issues of child protection the committee must include an independent person who was not involved in the staff disciplinary committee’s decision.

F5(4A)

A person is not to be regarded as independent for the purposes of paragraphs (3) and (4) if the person—

(a)

is a member of the governing body making the appointment;

(b)

is a parent of a current or former registered pupil of the school;

(c)

is a current or former member of staff of the school;

(d)

is a member or employee of the local authority that maintains the school;

(e)

is a trustee of the school;

(f)

is a member of the appropriate diocesan authority for the school; or

(g)

appoints the foundation governors to the school governing body.

(5)

The quorum for a meeting of the staff disciplinary and dismissal committee and the disciplinary and dismissal appeals committee and any vote on any matter at the committees is the same as the minimum requirements for the composition of those committees specified in this regulation.

(6)

Where a disciplinary and dismissal appeals committee is considering an appeal against a decision of the staff disciplinary and dismissal committee, no member of the staff disciplinary and dismissal committee whose decision is subject to appeal may take part in the proceedings of the disciplinary and dismissal appeals committee.

F6(7)

Neither the head teacher of the school nor an associated pupil governor may be a member of the staff disciplinary and dismissal committee or the disciplinary and dismissal appeal committee.

(8)

No member of the staff disciplinary and dismissal committee or the disciplinary and dismissal appeal committee who is not a governor is entitled to vote in any proceedings of the committee in question F7, save for the independent member of each committee appointed in accordance with paragraph (3) or (4).

F8(9)

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