SCHEDULES

SCHEDULE 13 Staffing of county, controlled, special agreement and maintained special schools

Appointment of other staff: vacancy advertised

6

1

The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) to (7).

2

Where the F1local authority decide to advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of theirs) who are qualified to fill the post.

3

Where the vacancy is advertised, the governing body shall—

a

interview such applicants for the post as they think fit, and

b

where they consider it appropriate to do so, recommend to the authority for appointment to the post one of the applicants interviewed by them.

4

If the governing body are unable to agree on a person to recommend to the authority, they shall—

a

repeat the steps mentioned in sub-paragraph (3), if they consider that to do so might lead to their reaching agreement,

b

where they have repeated those steps and remain unable to agree, or decide that it is not appropriate to repeat them, ask the authority to re-advertise the vacancy, and

c

where the vacancy is re-advertised, repeat those steps.

5

If the authority decline to appoint a person recommended by the governing body, the governing body shall—

a

where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,

b

recommend another of the applicants interviewed by them, if they think fit,

c

ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised, and

d

where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraph (3).

6

Where the authority are asked to re-advertise the vacancy by the governing body, they shall do so unless—

a

they decide that the post is to be removed from the complement of the school, or

b

they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.

7

Whenever governors meet to discuss the appointment or an applicant is interviewed—

a

the head teacher (if he would not otherwise be entitled to be present), and

b

such person (if any) as the authority appoint to represent them,

shall be entitled to be present for the purpose of giving advice.