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Guidance for schools and local authorities on implementing effective staff disciplinary and dismissal procedures - circular 002/2013

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This guidance will help and support school governing bodies and local authorities to implement effective staff disciplinary and dismissal procedures.

In accordance with sections 35(8) and 36(8) of the Education Act 2002, this guidance is statutory and governing bodies of all maintained schools in Wales must have regard to this guidance.

The Regulations covering staff disciplinary matters are contained in the Government of Maintained Schools (Wales) Regulations 2005 and the Staffing of Maintained Schools (Wales) Regulations 2006. Due to changes in the law the guidance contained in Circular 45/2004 is out of date and revised guidance is required, although the basic principles of fairness and objectivity in the original circular remain unchanged.

The guidance also includes a staff disciplinary and dismissal model policy along with annexes which provide information on:

  • Annex A – Matters outside the scope of the staff disciplinary procedures
  • Annex B1 – Examples of lesser misconduct behaviour
  • Annex B2 – Examples of gross misconduct behaviour
  • Annex C – Guidance and other documents relevant to staff disciplinary procedures
  • Annex D – Supply of information
  • Annex E – Flow chart for lesser misconduct and gross misconduct
  • Annex F – Suggested timescales for hearings (in school days)
  • Annex G – Checklist for disciplinary hearings
  • Annex H –Independent Investigation Service
  • Annex I – Model staff disciplinary procedure for maintained schools
  • Annex J – Model letters that can be used during the disciplinary process.