The Education (Induction Arrangements for School Teachers) (England) Regulations 1999

Regulation 6

SCHEDULE 1 CASES IN WHICH A PERSON MAY BE EMPLOYED AS A TEACHER IN A RELEVANT SCHOOL WITHOUT HAVING SATISFACTORILY COMPLETED AN INDUCTION PERIOD

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

2.  A person serving an induction period (including an induction period which has been extended before its completion under regulation 10 or after its completion under regulation 14 or 17).

3.  A person who has failed satisfactorily to complete an induction period whose employment is subject to restriction under regulation 16(5) pending the outcome of his appeal.

4.  A person employed for a period of less than one term as a supply teacher during the period of a school year and one term commencing on the date that he is first employed as a supply teacher (by that or any other employer).

5.  A person who is not a qualified teacher but who is employed as a teacher at a school by virtue of regulations from time to time in force under section 218(1)(a) of the Education Reform Act 1988(1).

6.—(1) 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(2) in relation to teachers in Wales.

(2) A person–

(a) who qualifies as a teacher after 7th May 1999 and before the date of the introduction of a requirement to serve an induction period in relation to teachers in Wales (“the relevant date”);

(b) whose first post as a teacher or supply teacher following his qualification is in a school in Wales; and

(c) who before the relevant date has completed not less than two terms' service in such post.

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

8.  A person who has successfully completed the induction stage of teacher education in Northern Ireland.

9.  A person who–

(a) as respects the profession of school teacher, falls within Article 3 of Council Directive 89/48 EEC(3) on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, as extended by the Agreement of the European Economic Area signed at Oporto on 2nd May 1992(4) as adjusted by the Protocol signed at Brussels on 17th March 1993(5); and

(b) either–

(i) he is assessed as not needing to complete an adaptation period or pass an aptitude test in accordance with Article 4 of the said Council Directive, or

(ii) he has successfully completed such an adaptation period or passed such an aptitude test.

Regulation 17

SCHEDULE 2 PROCEDURE FOR APPEAL AGAINST A DECISION OF THE APPROPRIATE BODY

Interpretation

1.  In this Schedule–

“appellant” means a person who brings an appeal pursuant to regulation 17 against a decision of the appropriate body under regulation 14;

“appropriate body” means the appropriate body who took the decision subject to an appeal;

“disputed decision” means the matter in relation to which the appellant appeals to the appeal body; and

“proper officer” means the proper officer appointed by the appeal body to perform the duties of a proper officer under this Schedule.

Time for and manner of making an appeal

2.—(1) An appeal shall be made by sending a notice of appeal to the proper officer so that it is received not later than the end of the period of 20 working days beginning with the date on which the appellant received notice under regulation 14(5) of the disputed decision.

(2) The appeal body may extend the time limit imposed by sub-paragraph (1) whether or not it has already expired, but shall not do so unless it is satisfied that not to extend the time limit would result in substantial injustice.

(3) Where the appellant considers it likely that a notice of appeal will be received outside the time limit imposed by sub-paragraph (1) he may include with the notice of appeal a statement of the reasons on which he relies to justify the delay and the appeal body shall consider any such statement in deciding whether or not to extend the time limit.

The notice of appeal

3.—(1) The notice of appeal shall state–

(a) the name and address of the appellant;

(b) the name and address of the school at which the appellant was employed at the end of his induction period;

(c) the name and address of his employer, if any, at the date of his appeal;

(d) the grounds of the appeal;

(e) the name, address and profession of the person (if any) representing the appellant, and whether the appeal body should send documents concerning the appeal to the representative instead of to the appellant; and

(f) whether the appellant requests that the appeal should be decided at an oral hearing.

(2) The notice of appeal shall be signed by the appellant.

(3) The appellant shall annex to the notice of appeal a copy of–

(a) the notice given to the appellant by the appropriate body under regulation 14(5) relating to the disputed decision;

(b) any written statement given to the appellant by the appropriate body giving reasons for its decision; and

(c) every other document on which the appellant relies for the purposes of his appeal.

Additional documents, amendment and withdrawal of the appeal

4.—(1) The appellant may at any time before he receives notice under paragraph 13 of the date fixed for the hearing or a decision of the appeal body under paragraph 11–

(a) send copies of such additional documents as he wishes to rely on for the purposes of the appeal to the proper officer;

(b) amend or withdraw his appeal, or any part of it; or

(c) amend or withdraw any material submitted in support of the appeal.

(2) The appellant may at any time take any step mentioned in sub-paragraph (1) with the leave of the appeal body.

(3) Where an appellant withdraws an appeal he may not bring a fresh appeal in relation to the disputed decision.

(4) An appeal shall be amended or withdrawn by sending to the proper officer an amended notice of appeal or a notice stating that the appeal is withdrawn, as the case may be.

Acknowledgement and notification of the appeal

5.—(1) The proper officer shall not later than the end of the period of three working days beginning with the date on which the appeal body received the notice of appeal–

(a) send an acknowledgement of its receipt to the appellant;

(b) send a copy of the notice of appeal and any accompanying documents to the appropriate body;

(c) if a person or body other than the appropriate body is named as the appellant’s employer in the notice of appeal, send a copy of the notice of appeal to that person or body; and

(d) send a copy of the notice of appeal to the head teacher of the school at which the appellant was employed at the completion of his induction period.

(2) The proper officer shall not later than the end of the period of three working days beginning with the date on which the appeal body received from the appellant any additional documents, amended grounds of appeal, amended documents submitted in support of an appeal or notice of withdrawal of an appeal send a copy to the appropriate body.

Request for further material

6.—(1) Where the appeal body decides the appeal could be decided more fairly and efficiently if the appellant provided further material, it may send to the appellant a notice inviting him to supply that material by not later than the end of the period of ten working days beginning with the date of the notice.

(2) Where the appeal body sends a notice under sub-paragraph (1) the proper officer shall at the same time inform the appropriate body that it has done so.

(3) The proper officer shall not later than the end of the period of three working days beginning with the date on which the appeal body received further material under sub-paragraph (1) send a copy of it to the appropriate body.

Reply by the appropriate body

7.—(1) The appropriate body shall send to the proper officer a reply fulfilling the requirements of paragraph 8 so that it is received not later than the end of the period of 20 working days beginning with the date on which the appropriate body received a copy of the notice of appeal.

(2) The appeal body may extend the time limit imposed by sub-paragraph (1) whether or not it has already expired.

(3) The appeal body shall allow the appeal where the appropriate body states in the reply, or at any time states in writing that it does not seek to uphold the disputed decision, and shall do so not later than the end of the period of 3 working days beginning with the date on which the appeal body received notification that the appropriate body did not seek to uphold the disputed decision.

Contents of the reply

8.—(1) The reply shall state–

(a) the name and address of the appropriate body;

(b) whether the appropriate body seeks to uphold the disputed decision; and

(c) in cases where the appropriate body seeks to uphold the disputed decision–

(i) the appropriate body’s answer to each of the grounds of appeal supplied by the appellant,

(ii) whether or not the appropriate body requests an oral hearing, and

(iii) the name, address and profession of the person (if any) representing the appropriate body, and whether the appeal body should send documents concerning the appeal to the representative instead of to the appropriate body.

(2) The appropriate body shall annex to the reply a copy of–

(a) any document on which it wishes to rely for the purpose of opposing the appeal; and

(b) where the appellant has not sent to the proper officer a copy of a written statement given to him by the appropriate body giving reasons for its decision, a statement giving reasons for the decision.

Additional documents, amendment and withdrawal of the reply

9.—(1) The appropriate body may at any time before it receives notice under paragraph 13 of the date fixed for the hearing or a decision of the appeal body under paragraph 11–

(a) send copies of such additional documents as it wishes to rely on for the purposes of opposing the appeal to the proper officer;

(b) amend or withdraw its reply, or any part of it;

(c) amend or withdraw any material submitted in support of the reply.

(2) The appropriate body may at any time take any step mentioned in sub-paragraph (1) with the leave of the appeal body.

(3) A reply shall be amended or withdrawn by sending to the proper officer an amended reply or a notice stating that the reply is withdrawn, as the case may be.

Acknowledgement and notification of the reply

10.—(1) The proper officer shall not later than the end of the period of three working days beginning with the date on which the appeal body received the reply–

(a) send an acknowledgement of its receipt to the appropriate body; and

(b) send a copy of the reply and any accompanying documents to the appellant.

(2) The proper officer shall not later than the end of the period of three working days beginning with the date on which the appeal body received from the appropriate body any additional documents, amended reply, amended documents submitted in support of a reply, or notice of withdrawal of a reply send a copy to the appellant.

Power to decide the appeal without a hearing

11.—(1) Where following the expiry of the period within which the appropriate body is required to send its reply neither the appellant nor the appropriate body has requested an oral hearing, and the appeal body does not consider an oral hearing is necessary, the appeal body may decide the appeal without an oral hearing.

(2) Where following the expiry of the period within which the appropriate body is required to send its reply the appropriate body has not done so, the appeal body may allow the appeal without an oral hearing.

(3) If the appeal body decides the appeal without an oral hearing, it shall send notice of its decision as required by paragraph 17 so that it is received by the appellant and the appropriate body not later than the end of the period of 20 working days beginning with the day following the date on which the time limit for sending a reply expired.

Appeal hearing

12.  Paragraphs 13 to 16 apply where the appeal is to be decided on the basis of an oral hearing.

Fixing a date for the hearing

13.—(1) The appeal body shall–

(a) not later than the end of the period of 20 working days beginning with the day following the date on which the time for sending a reply expired; and

(b) not before the day following the date on which the time for sending a reply expired, fix a date for the hearing.

(2) The proper officer shall on the same day as the appeal body fixes a date for the hearing send to the appellant and the appropriate body a notice–

(a) informing them of the time and place of the hearing of the appeal;

(b) giving guidance regarding the procedure which will apply to the hearing;

(c) advising them of the consequences of not attending the hearing; and

(d) informing them of the right to submit written representations if they do not attend the hearing.

(3) The date fixed for the hearing shall not be less than 15 working days after the date of the notice.

Action by the appellant and appropriate body on receiving notice of the hearing

14.—(1) Not less than ten working days before the date fixed for the hearing the appellant and the appropriate body–

(a) shall inform the proper officer whether or not he or it intends to appear or be represented at the hearing;

(b) shall inform the proper officer which, if any, witnesses he or it intends to call at the hearing;

(c) may, if he or it do not intend to appear or be represented at the hearing send to the proper officer any written representations in support of the material already sent to the proper officer.

(2) The proper officer shall not later than the end of the period of three working days beginning with the date on which representations are received send to each party a copy of any representations received by him from the other party under this paragraph.

Alteration of place or time of the hearing

15.—(1) The appeal body may alter the place or time of the hearing in such circumstances as it considers appropriate, provided that the altered date of the hearing is not earlier than the original date.

(2) Where the appeal body alters the place or time of the hearing the proper officer shall without delay and in any event not later than the end of the period of three working days beginning with the date on which the alteration was made send a notice to the appellant and the appropriate body informing them of the alteration.

Procedure at the hearing

16.—(1) Subject to the following provisions of this paragraph the appeal body shall determine the procedure at the hearing of the appeal.

(2) The hearing of the appeal shall be in public unless the appeal body determines that it is fair and reasonable for the hearing or any part of it to be in private.

(3) The appellant and the appropriate body may appear at the hearing and may be represented or assisted by any person.

(4) If the appellant or the appropriate body fails to attend the hearing, the appeal body may hear, and provided it has considered any representations made by the absent party under paragraph 14, determine the appeal in his or its absence.

(5) Subject to sub-paragraph (6) the appellant and the appropriate body may give evidence, call witnesses, question any witnesses and address the appeal body both on the evidence and generally on the subject matter of the appeal.

(6) The appeal body may at any point in the hearing limit the rights of either party under sub-paragraph (5) provided it is satisfied that to do so will not prevent the appeal from being decided fairly.

(7) The appeal body may adjourn the hearing, but shall not do so unless it is satisfied that it is necessary to do so in order for the appeal to be decided fairly.

(8) The time and place for an adjourned hearing shall either be announced before the adjournment or the appeal body shall without delay and in any event not later than the end of the period of three working days beginning with the date of the adjournment send notice to the appellant and the appropriate body informing them of the time and place of the adjourned hearing.

Decision of the appeal body

17.—(1) The decision of the appeal body may be made and announced at the end of the hearing, but in any event, whether there has been a hearing or not, shall be recorded immediately it is made in a document which shall also contain a statement of the reasons for the decision and shall be signed and dated by a person authorised by the appeal body.

(2) The appeal body shall not later than the end of the period of two working days beginning with the date on which it made its decision–

(a) send a copy of the document referred to in sub-paragraph (1) to the appellant, the appropriate body and the head teacher of the school at which the appellant was employed at the completion of his induction period; and

(b) if a person or body other than the appropriate body is named as the appellant’s employer in the notice of appeal, notify him or it of its decision.

Irregularities

18.—(1) Any irregularity resulting from failure to comply with any provision of this Schedule before the appeal body has reached its decision shall not of itself render the proceedings void.

(2) Where any such irregularity comes to the attention of the appeal body it may, and shall if it considers either party may have been prejudiced by the irregularity, give such directions as it thinks just, before reaching its decision, to cure or waive the irregularity.

Documents

19.—(1) Anything required to be sent to a person for the purposes of an appeal under this Schedule may be–

(a) delivered to him personally; or

(b) sent to him at his appropriate address by post; or

(c) sent to him by facsimile or electronic mail or other similar means which are capable of producing a document containing the text of the communication, in which case the document shall be regarded as sent when it is received in a legible form.

(2) A person’s appropriate address is the address stated in his notice of appeal or reply, or such other address as may be subsequently notified to the proper officer.

(1)

The Regulations currently in force are the Education (Teachers) Regulations 1993 S.I. 1993/543; the relevant provisions are regulation 13 and Schedule 2, and the relevant amending instrument is S.I. 1997/2679.

(2)

1998 c. 30.

(3)

O.J. No. L19, 24.1.89, p.16.

(4)

Cm. 2073.

(5)

Cm. 2183.