Education (School Teacher Appraisal) (England) Regulations 2001

Review of appraisal

35.—(1) A teacher shall be entitled to complain about an appraisal statement not later than the end of the period of 10 working days beginning with the day on which he first had access to it.

(2) Subject to subparagraph (3) the review officer shall be the Chief Education Officer.

(3) Where the Chief Education Officer (in person) has participated in the appraisal complained of the review officer shall be the Chief Executive of the authority.

(4) The review officer shall not later than the end of the period of 10 working days beginning with the day on which he was provided with a copy of the appraisal statement conduct and conclude a review of the appraisal complained of, and shall take account of any representations made by the teacher.

(5) The review officer may—

(a)order the appraisal statement to stand with or without observations of his own; or

(b)with the agreement of the appraiser, amend the appraisal statement; or

(c)except in the case of a teacher employed under a short fixed term contract, order that the appraisal statement be expunged and order a new appraisal.

(6) Where a new appraisal is ordered under paragraph (5)(c) the appraisal shall not be conducted by the person who conducted the original appraisal and subject to paragraph (7) the review officer shall determine which appraisal procedures shall be repeated.

(7) The review officer shall not—

(a)determine that new objectives be agreed or set in accordance with regulation 30 or 31; or

(b)determine that the objectives agreed or set in accordance with regulation 30 or 31 be revised.

(8) All appraisal procedures determined to be repeated where a new appraisal is ordered under paragraph (6)(c) shall be completed by not later than the end of the period of 15 working days beginning with the date on which the review officer made his order.