The School Teacher Appraisal (Wales) Regulations 2002

Appeals

16.—(1) A head teacher is entitled to appeal against his or her appraisal under these Regulations within 10 school days of receiving a copy of an appraisal statement under regulation 15(6).

(2) An appeal shall be made in writing to the governing body.

(3) The appeals officer in relation to such an appeal shall be the chairman of the governing body, but where the chairman of the governing body has participated in the appraisal which is the subject of the appeal, the governing body shall appoint one or two governors who have not participated in that appraisal as appeals officers in relation to such an appeal.

(4) No governor who is a teacher or other staff member at the school shall be appointed as an appeals officer for the head teacher at such school.

(5) An external adviser who did not advise in relation to the appraisal must assist the appeals officer or officers.

(6) The appeals officer or officers must within 10 school days of receiving the appraisal statement under regulation 17(3) conduct and conclude a review of the appraisal, and in so doing must take account of any representations made by the head teacher.

(7) The appeals officer or officers may—

(a)order the appraisal statement to stand with or without observations of the appeals officer or officers; or

(b)with the agreement of all the appraisers amend the appraisal statement; or

(c)order that the appraisal statement be expunged and order a new appraisal.

(8) Where a new appraisal is ordered under paragraph (7)(c) all the appraisers and the external adviser must be replaced by new appraisers and a new external adviser appointed in accordance with regulation 7 and the appeals officer or officers must determine which appraisal procedures must be repeated.

(9) All appraisal procedures determined to be repeated under paragraph (8) must be completed within 15 school days from the date of the order of the appeals officer or officers under paragraph (7) (c).

(10) Appeals officers may not—

(a)determine that new objectives be agreed or set in accordance with regulation 12; or

(b)determine that the objectives agreed or set under regulation 12 be revised.

(11) References in this regulation and regulations 17 and 18 to an appraisal statement are references to a statement prepared under regulation 15(4), including, in the case of regulations 17 and 18, any observations added by an appeals officer or officers under paragraph (7)(a).