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How to review your staff capability policy and procedures

Get information on how to review your school's staff capability policy, including questions you can ask. Save time with our policy checklist, and use our model policy to see what good looks like.

Last reviewed on 4 April 2024See updates
Ref: 38505
Statutory/mandatory for:
Maintained schools
Pupil referral units
Contents
  1. Key facts
  2. What this policy needs to do 
  3. 3 key questions to challenge the policy 
  4. Model policy and policy checklist
  5. Examples from schools and trusts

What this policy needs to do 

  • Maintained schools: Regulation 8 of The School Staffing (England) Regulations 2009 states that the governing board must establish procedures for dealing with lack of capability of staff
  • Academies: you're free to decide who has responsibility for capability procedures. The board can delegate this responsibility.

When carrying out capability procedures, governors must make sure they abide by the Equality Act 2010, including the duty to make reasonable adjustments for staff with disabilities.

Aside from this, there are no statutory requirements for what the policy needs to include, just that you need to have one with procedures in place. 

The following is based on the DfE's model policy on teacher appraisal and capability, and the Acas Code of Practice on disciplinary and grievance procedures.

Capability procedure

What happens at the formal capability meeting  The possible outcomes of the meeting  What happens after the