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 (see the information at the top of the statutory policies list)
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