Joint Committee on Statutory Instruments Thirtieth Report

Appendix 6

S.I. 2003/1963: memorandum from the Department for Education and Skills

School Staffing (England) Regulations 2003 (S.I. 2003/1963

1. The committee has requested a memorandum relating to the School Staffing (England) Regulations 2003:

Regulation 13(7) provides that, if the governing body has good reason not to advertise and conduct a selection process to fill the vacancy or post, the authority must appoint the person identified by the governing body to fill the vacancy or post. Explain, with examples, what it is contemplated could constitute "good reason" for this purpose. A similar question arises on regulation 22(7).

2. Examples of what constitutes "good reason" are set out in guidance[10] given by the Secretary of State under Sections 35(8) and 36(8) of the Education Act 2002 (c.32) to local education authorities, governing bodies and head teachers and to which they must have regard. Paragraphs 2.15 to 2.21 of that guidance detail circumstances which would constitute "good reason" not to conduct a selection process for head teachers and deputy head teachers. These are:-

3. (i) Where a school reorganisation is taking place. This could be where schools are merging or where schools are closing and new schools opening. In these circumstances there could be more head or deputy head teachers working in the existing schools than will be required for the merged or new schools, resulting in a competition for the positions or there could be an equal match of persons and positions. Provided that certain other conditions are also met, further detailed at paragraph 2.17 of the guidance, the governing body could take the view that there are no vacancies to fill.

4. (ii) School federations where the head or deputy head is already the head or the deputy head, of another school in the federation. In these circumstances the governing body may appoint that person to the vacancy without the need to carry out the selection process.

5. (iii) Collaborating schools where all of the schools may choose one head or deputy head teacher between them. In these circumstances it is envisaged that only one of the governing bodies would need to place the advertisement and necessarily perform the full selection procedure.

6. (iv) Schools which are currently organised into two or more departments, each with a head teacher. The arrangements for this are provided in the Education Act 2002 (Modification and Transitional Provisions) (England) Regulations 2003 (S.I. 2003/2045).

24th October 2003

10   This is found at:


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