The Education (Induction Arrangements for School Teachers) (England) Regulations 2012

Regulation 5

SCHEDULE 1 Cases in which a person may be employed as a qualified teacher in a relevant school without having satisfactorily completed an induction period under these Regulations

1.  A person who on 7th May 1999 was a qualified teacher.

2.  A person who—

(a) is serving an induction period (including an extended induction period); or

(b) has completed such an induction period and is being employed to work as a teacher pending a decision of the appropriate body pursuant to regulation 11(5) of these Regulations or regulation 14(3) of the Welsh Induction Regulations.

3.  A person who has failed satisfactorily to complete an induction period who continues to be employed pending the outcome of that person’s appeal.

4.  A person who is employed for one or more periods of less than one school term as a supply teacher during the period of five years starting on the date on which that person becomes a qualified teacher.

5.  A person who can no longer be employed under paragraph 4 of this Schedule but who is employed for a period as a supply teacher while serving an induction period in part-time service.

6.  A person who has satisfactorily completed an induction period under regulations made from time to time under section 19 of the Teaching and Higher Education Act 1998(1) in relation to teachers in Wales.

7.  A person—

(a) who qualified as a teacher in England on or after 7th May 1999 but on or before 1st April 2003;

(b) whose first post as a teacher (including as a supply teacher) following that person’s qualification was in a school in Wales; and

(c) who on or before 1st April 2003 has completed not less than two school terms’ service in such a post.

8.  A person who has, or is eligible for, full registration as a teacher of primary or secondary education with the General Teaching Council for Scotland.

9.  A person who—

(a) has successfully completed the induction stage of teacher education in Northern Ireland; or

(b) was employed as a teacher in Northern Ireland at any time prior to the introduction of the induction stage of teacher training in Northern Ireland.

10.  A person who is, as respects the profession of school teacher, entitled to practice pursuant to Part 2 and Chapters 1, 2 and 4 of Part 3 of the European Communities (Recognition of Professional Qualifications) Regulations 2007(2).

11.  A person who has successfully completed a probationary period for teachers under arrangements approved and supervised by the Director of Education of Gibraltar.

12.  A person who has successfully completed the States of Jersey Induction Programme for Newly Qualified Teachers.

13.  A person who has been approved by the States of Guernsey Education Department as having successfully completed an induction period for teachers.

14.  A person who has successfully completed an induction period for teachers under arrangements approved and supervised by the Isle of Man Department of Education and Children.

15.  A person who on or before 7th May 1999—

(a) was employed as a teacher at a relevant school in England or Wales; and

(b) either—

(i) had successfully completed a course of initial training for teachers in schools at an educational institution in Scotland; or

(ii) was registered as a teacher of primary or secondary education with the General Teaching Council for Scotland.

16.  A person who on or before 7th May 1999—

(a) was employed as a teacher at a relevant school in England or Wales; and

(b) either—

(i) had successfully completed a course of initial training for teachers in schools at an educational institution in Northern Ireland; or

(ii) had been awarded confirmation of recognition as a teacher in schools in Northern Ireland by the Northern Ireland Department of Education, that confirmation not having been withdrawn at any time subsequent to the award.

17.  A person who is a qualified teacher and who became so qualified by virtue of regulation 5 of, and paragraph 12 of Schedule 2 to, the 2003 Qualifications Regulations.

18.  A person who—

(a) has successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such by the competent authority in that country;

(b) has not less than two years’ full-time teaching experience, or its equivalent, in the United Kingdom or elsewhere;

(c) is a qualified teacher who became so qualified on or after 26th April 2001 by virtue of regulation 5 of, and paragraph 9 or 10 of Schedule 2 to, the 2003 Qualifications Regulations; and

(d) has been assessed by a person approved by the Secretary of State as meeting the standards mentioned in regulation 10(5).

19.  A person who is a qualified teacher who became so qualified by virtue of regulation 5 of, and paragraph 13 of Schedule 2 to, the 2003 Qualifications Regulations.

20.  A person who has successfully completed the Service Children’s Education Schools Induction Programme in Germany or Cyprus.

21.  A person who on or before 1st September 2003 has successfully completed a course of initial teacher training in an educational institution in Wales.

22.  A person who is a qualified teacher and became so qualified by virtue of regulation 5 of, and paragraph 13A of Schedule 2 to, the 2003 Qualifications Regulations.

23.  A person who is a qualified teacher and became so qualified by virtue of regulation 5 of, and paragraph 13B of Schedule 2 to, the 2003 Qualifications Regulations.

24.—(1) A person —

(a) who has been informed in error by the General Teaching Council for England or the Secretary of State that they are exempt from the requirement to complete an induction period; or

(b) who has satisfactorily completed an induction period but is unable to produce verifying data,

and in relation to whom the appropriate body are satisfied, on the basis of the information referred to in sub-paragraph (2), that they have met the standards referred to in regulation 10(5).

(2) The information referred to is the person’s most recent available appraisal report, covering a period of one year within the previous five years, from an institution referred to in regulation 6.

(3) For the purposes of this paragraph, an appraisal report means a report of an appraisal or its equivalent carried out under the School Teacher Appraisal (Wales) Regulations 2002(3), the Education (School Teacher Performance Management) (England) Regulations 2006(4) or the Education (School Teachers’ Appraisal) (England) Regulations 2012(5).

Regulation 11

SCHEDULE 2 Special provisions applying to a qualified teacher who has not passed the numeracy skills test on completion of the induction period

1.—(1) In this Schedule “ the numeracy skills test” means the numeracy test for the time being determined by the Secretary of State as an induction standard under regulation 10(5) in relation to persons who qualified between 1^st May 2000 and 30^th April 2001.

(2) This Schedule applies in the case of a person who—

(a) qualified as a teacher between 1st May 2000 and 30th April 2001; and

(b) has completed an induction period but has not passed the numeracy skills test on the date when the induction period is completed.

2.  The head teacher of the institution at which the person is employed at the completion of the induction period must within 10 working days beginning with the date when the induction period is completed—

(a) make a written recommendation to the appropriate body as to whether the person has achieved the standards mentioned in regulation 10(5) except for passing the numeracy skills test, and

(b) at the same time send a copy of that written recommendation to the person.

3.  The appropriate body must—

(a) not take any decision pursuant to regulation 11(5) in respect of such a person;

(b) notify the Secretary of State that they have received a recommendation in respect of such a person, and at the same time send a copy of that notification to the person; and

(c) notify the employer of the person where that employer is not the appropriate body.

4.  The employer of the person must take the steps necessary to secure the termination of the person’s employment as a teacher so that the termination takes effect as soon as practicable at the end of the induction period.

5.  A person to whom this Schedule applies but who subsequently passes the numeracy skills test must give written notification of that fact to—

(a) the appropriate body; and

(b) the Secretary of State.

6.  The appropriate body, within 20 working days beginning with the date on which they receive such notification, must take a decision pursuant to regulation 11(5).

Regulation 14

SCHEDULE 3 Procedure for appeal against a decision of the appropriate body

Interpretation

1.  In this Schedule—

“appellant” means a person who appeals to the Secretary of State under regulation 14(1);

“the parties” means the appellant and the respondent and a “party” means the appellant or the respondent, or either of the parties, as the context requires;

“respondent” means the appropriate body which took the decision which is the subject of the appeal.

Time for appeal

2.  An appeal to the Secretary of State must be made by notice served on the Secretary of State within 20 working days beginning with the day on which the appellant is deemed to have received the notice under regulation 11(7).

Notice of appeal

3.  A notice of appeal must—

(a) contain—

(i) the name and contact details of the appellant;

(ii) the name and contact details of the institution at which the appellant was employed at the completion of the induction period;

(iii) if the appellant is employed in a teaching capacity at the date the appellant makes the appeal, the name and contact details of the appellant’s employer;

(iv) the name and contact details of any person representing the appellant in respect of the appeal;

(v) the grounds on which the appellant appeals;

(vi) a statement as to whether or not the appellant requests an oral hearing;

(b) be signed by or on behalf of the appellant;

(c) be accompanied by a copy of—

(i) the notice given under regulation 11(7);

(ii) any reasons given by the respondent in support of such notice;

(iii) any other information on which the appellant seeks to rely for the purposes of the appeal.

4.—(1) The appellant may serve an amended notice of appeal on the Secretary of State at any time and, subject to sub-paragraph (2), the Secretary of State must send a copy to the respondent.

(2) The Secretary of State need not comply with sub-paragraph (1) if the amended notice of appeal is received after the Secretary of State has—

(a) determined to decide the appeal without a hearing; or

(b) (as the case may be) notified the parties in accordance with paragraph 13(1).

(3) Paragraph 3(a)(i) and (v), (b) and (c)(iii) apply in relation to an amended notice of appeal as they apply to a notice of appeal.

Acknowledgment of notice of appeal

5.  The Secretary of State must—

(a) send the appellant an acknowledgement of the notice of appeal;

(b) send a copy of the notice of appeal and accompanying documents to the respondent;

(c) send a copy of the notice of appeal to—

(i) the head teacher of the institution at which the appellant was employed at the completion of the induction period;

(ii) any person named in the notice of appeal as the appellant’s employer.

Reply from appropriate body etc.

6.—(1) The respondent must reply to the Secretary of State within 20 working days beginning with the day on which the respondent receives the copy of the notice of appeal.

(2) The reply must state whether the respondent seeks to defend the decision which is the subject of the appeal.

(3) Where the respondent seeks to defend the decision which is the subject of the appeal the reply must—

(a) contain—

(i) the respondent’s response to the grounds on which the appellant appeals;

(ii) a statement as to whether or not the respondent requests an oral hearing;

(b) be accompanied by—

(i) any document or information on which the respondent wishes to rely in seeking to uphold the decision which is the subject of the appeal;

(ii) the respondent’s reasons for giving notice under regulation 11(7), if not already provided to the appellant.

(4) The respondent may serve an amended reply on the Secretary of State at any time and, subject to sub-paragraph (5), the Secretary of State must send a copy to the appellant.

(5) The Secretary of State need not comply with sub-paragraph (4) if the amended reply is received after the Secretary of State has—

(a) determined to decide the appeal without a hearing; or

(b) (as the case may be) notified the parties in accordance with paragraph 13(1).

(6) Sub-paragraph (3) applies in relation to an amended reply as it applies to a reply.

Acknowledgment of reply etc.

7.  The Secretary of State must acknowledge the reply and send a copy of the reply and any accompanying documents and information to the appellant.

Information: further provision

8.—(1) The Secretary of State may require the appellant or the respondent to provide the Secretary of State with such further documents or information as the Secretary of State considers appropriate by the date specified in the request.

(2) The Secretary of State must inform the appellant or the respondent (as the case may be) of any request made under sub-paragraph (1).

(3) The appellant or the respondent may provide further documents or information to the Secretary of State at any time.

(4) Subject to sub-paragraph (5), the Secretary of State must send a copy of any document or information provided by one of the parties to the other party.

(5) The Secretary of State need not comply with sub-paragraph (4) where the further document or information is received after the Secretary of State has—

(a) determined to decide the appeal without a hearing; or

(b) (as the case may be) notified the parties in accordance with paragraph 13(1).

Withdrawal of appeal or reply

9.—(1) The appellant may withdraw the appeal at any time by notice served on the Secretary of State.

(2) The respondent may withdraw the reply at any time by notice served on the Secretary of State.

(3) The Secretary of State must notify the respondent if the appellant withdraws the appeal and the appellant if the respondent withdraws the reply.

Determination of appeal on failure to defend the appeal or withdrawal of appeal or reply

10.—(1) The Secretary of State must allow the appeal where—

(a) the respondent’s reply states that the respondent does not seek to defend the decision which is the subject of the appeal; or

(b) the respondent withdraws the reply.

(2) The Secretary of State must notify the appellant if the appeal is allowed under sub-paragraph (1).

Determination of appeal without a hearing

11.  At any time after the expiry of the period in paragraph 6(1) if neither of the parties has requested a hearing the Secretary of State may decide the appeal without a hearing.

Appeal panels

12.—(1) Where there is to be a hearing the Secretary of State must appoint a panel in accordance with sub-paragraph (2) to consider the appeal.

(2) A panel must include at least three persons, comprising—

(a) one or more teachers or persons who have been teachers in the past five years; and

(b) one or more other persons.

Notification of hearing date etc.

13.—(1) Where there is to be a hearing the Secretary of State must—

(a) notify the parties of the time and date of the hearing (which must be at least 15 working days after the date of the notice of the hearing), and its location;

(b) offer the parties the opportunity to submit written representations instead of attending the hearing;

(c) advise the parties of the possible consequences of failing to attend the hearing without having submitted written representations.

(2) The Secretary of State must notify the parties of any change of date, time or location of a hearing.

Preparations for hearing

14.  Each of the parties must, no later than 10 working days before the date of the hearing, inform the Secretary of State—

(a) whether or not the party intends to appear or be represented at the hearing;

(b) of the name of any witness the party intends to call at the hearing.

Written representations

15.—(1) A party choosing to submit written representations instead of appearing or being represented at a hearing must do so no later than 10 working days before the date of the hearing.

(2) The Secretary of State must send a copy of any written representations to the other party to the appeal.

Procedure at the hearing

16.—(1) A hearing must be in public except so far as the Secretary of State determines the hearing is to be in private.

(2) The procedure at the hearing is to be determined by the Secretary of State, and the panel appointed under paragraph 12 must consider cases referred to it by the Secretary of State in accordance with such procedure.

(3) The panel must make a recommendation to the Secretary of State as to whether the appeal should be allowed.

(4) The Secretary of State may adjourn a hearing.

Notification of decision on an appeal

17.—(1) The Secretary of State must notify in writing the persons specified in sub-paragraph (2) of the decision on an appeal and the reasons for that decision.

(2) The persons referred to in sub-paragraph (1) are—

(a) the parties; and

(b) the head teacher of the institution at which the appellant was employed at the completion of the appellant’s induction period.

(3) The Secretary of State must notify in writing any person named in the notice of appeal as the appellant’s employer of the decision.

Time limits and irregularities

18.—(1) The Secretary of State may extend any time limit imposed on the appellant or the respondent by this Schedule (whether before or after the expiry of the time limit) if the Secretary of State considers it appropriate to do so.

(2) An irregularity in the procedure for an appeal does not of itself invalidate the decision on appeal.

(1)

1998 c. 30. Section 19 has been amended by section 11 of, and Schedule 2 to, the 2011 Act.

(2)

S.I. 2007/2781, as amended by S.I. 2012/765.

(3)

S.I. 2002/1394, as amended by S.I. 2007/944 and further amended by S.I. 2009/2159, 2009/2864 and 2010/1142.

(4)

S.I. 2006/2661, as amended by S.I. 2010/1172.

(5)

S.I. 2012/115.