How to carry out capability procedures for your headteacher

Understand your role in headteacher capability procedures. Be clear on what happens during the process, including during formal meetings, dismissals and appeals.

Last reviewed on 14 March 2023
School types: AllSchool phases: AllRef: 40533
Contents
  1. The role of the governing board 
  2. Check your capability policy 
  3. Stages of the process

The role of the governing board 

  • Maintained schools: Regulation 8 of The School Staffing (England) Regulations 2009 states that the governing board must establish procedures for dealing with lack of staff capability 
  • Academy trusts: you're free to decide who has responsibility for capability procedures, and can delegate this responsibility if you wish (see paragraphs 143 to 145 of the Governance Handbook

The capability procedures process is the same for the headteacher and other staff

The difference comes down to who's leading the process and meetings:

  • For staff capability, the headteacher will lead the process 
  • For headteacher capability, the chair of governors will lead the process

If you're in an academy, check your scheme of delegation to see who has responsibility for staff and headteacher capability procedures. 

Check your capability policy 

Maintained schools Including maintained

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