S.I. 2003/1963: memorandum from
the Department for Education and Skills
School Staffing (England) Regulations 2003 (S.I. 2003/1963
1. The committee has requested a memorandum relating
to the School Staffing (England) Regulations 2003:
Regulation 13(7) provides that, if the governing
body has good reason not to advertise and conduct a selection
process to fill the vacancy or post, the authority must appoint
the person identified by the governing body to fill the vacancy
or post. Explain, with examples, what it is contemplated could
constitute "good reason" for this purpose. A similar
question arises on regulation 22(7).
2. Examples of what constitutes "good reason"
are set out in guidance
given by the Secretary of State under Sections 35(8) and 36(8)
of the Education Act 2002 (c.32) to local education authorities,
governing bodies and head teachers and to which they must have
regard. Paragraphs 2.15 to 2.21 of that guidance detail circumstances
which would constitute "good reason" not to conduct
a selection process for head teachers and deputy head teachers.
3. (i) Where a school reorganisation is taking
place. This could be where schools are merging or where schools
are closing and new schools opening. In these circumstances there
could be more head or deputy head teachers working in the existing
schools than will be required for the merged or new schools, resulting
in a competition for the positions or there could be an equal
match of persons and positions. Provided that certain other conditions
are also met, further detailed at paragraph 2.17 of the guidance,
the governing body could take the view that there are no vacancies
4. (ii) School federations where the head or deputy
head is already the head or the deputy head, of another
school in the federation. In these circumstances the governing
body may appoint that person to the vacancy without the need to
carry out the selection process.
5. (iii) Collaborating schools where all of the
schools may choose one head or deputy head teacher between
them. In these circumstances it is envisaged that only one
of the governing bodies would need to place the advertisement
and necessarily perform the full selection procedure.
6. (iv) Schools which are currently organised
into two or more departments, each with a head teacher.
The arrangements for this are provided in the Education Act 2002
(Modification and Transitional Provisions) (England) Regulations
2003 (S.I. 2003/2045).
24th October 2003