The role of the governing board
- Maintained schools: The School Staffing (England) Regulations 2009 state that the governing board must establish procedures for dealing with lack of staff capability at the school (see regulation 8)
- Academies: 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)
Capability procedures aren't different for the headteacher and other staff
The process is typically the same whether it's for a headteacher or not.
The difference comes down to who's leading the process and meetings:
- For staff capability, the headteacher will lead the procedure
- 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.
Your school must have a capability policy that covers all staff. It's on the