The School Staffing (England) Regulations 2009 sets out a requirement for governing bodies to establish procedures for dealing with lack of capability on the part of staff employed in schools.
The School Staffing (England) (Amendment) Regulations 2012 requires schools to provide details about whether a headteacher or teacher has been subject to capability procedures in the previous two years.
Schools and local authorities must stay within the legal framework set out in the Staffing Regulations and in other relevant legislation that affects all employers (for example legislation on equality, employment protection and data protection, health and safety).
This model Professional Capability Procedure has been developed from the model published by the Department for Education. It includes additional details where it is considered that these are helpful to the operation of an effective procedure. The Oxfordshire model procedure has been drawn up following consultation with all the recognised Trade Unions and Associations and should be read alongside the model Appraisal Policy (see link at the end of this document).
This model procedure applies to teachers, including headteachers and school support staff. The policy has been written in the context of schools, but the same principles apply to unattached or centrally employed teachers.