The Staffing of Maintained Schools (Wales) Regulations 2006

Conduct and discipline and capability of staff

7.—(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, is to be under the control of the governing body.

(2) The governing body must establish procedures—

(a) for the regulation of the conduct and discipline of staff at the school;

(b) by which staff may seek redress for any grievance relating to their work at the school; and

(c) for dealing with lack of capability on the part of staff at the school

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

(3) Where allegations are made against a member of the school’s staff that involve issues of child protection the governing body must appoint an independent investigator to investigate the allegations prior to the hearing of any proceedings relating to those allegations.

(4) A person appointed by the governing body as an independent investigator under paragraph (3) is to be regarded as independent in the following circumstances—

(a) where the person is not a governor of the school in question;

(b) where the person is not a parent of a current or former pupil at the school in question;

(c) where the person is not a current or former member of staff at the school in question;

(d) where the person is not currently employed by the local education authority that maintains the school in question.

(5) Where the implementation of any determination made by the governing body in operation of the procedures requires any action which—

(a) is not within the functions exercisable by the governing body by or under the 2002 Act, but

(b) is within the power of the authority,

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

(6) In determining the capability of members of the staff the governing body must have regard to any guidance given from time to time by the National Assembly.