Question
Help! We're appointing a new head and aren't sure what we need to do.
Answer
The appointment of a new head is probably one of the most important decisions that governors will make. The capability and aptitude of any new appointment will have significant consequences for the future success of the school and inevitably for the outcomes of pupils.
Once the current head has confirmed their intention to leave (in writing to the chair of governors), the Governing body must apply itself to the appointment of a successor.
The first thing to consider is the strengths and weaknesses of the school and therefore what qualities would be desirable in the successful candidate. The person specification (a word picture of the attributes of a successful head) should be agreed by the whole of the Governing. Body, and it is good practice also to seek the views of all stakeholders – parents, staff, pupils etc..
Not all members of the Governing Body will be part of the appointment panel, and to avoid any disagreements at a later stage on the suitability of a candidate, approval of a job specification by the Governing. Body is desirable. The whole Governing. Body should also be consulted when agreeing the job description and the advert.
Following the Staffing Regulations 2009, it is no longer mandatory for the post of Head Teacher to be advertised nationally. The governing body is required to advertise the vacancy or post in such manner as it considers appropriate, unless it has good reason not to.
However, it is recommended that the Governing Body seeks advice from their local authority and, where relevant, diocesan authority, before deciding not to advertise. It should decide the best way of reaching its target audience, taking into consideration the type of media to be used and the level of exposure the advertisement will receive. A decision not to advertise should only be taken if the Governing Body can demonstrate there is good reason not to and that it does not leave them open to challenge. All decisions should be documented fully, as the Governing Body will need to demonstrate that it has acted reasonably if it is challenged.
The Governing Body must appoint a panel to shortlist and interview the candidates and to generally oversee the process. This panel must comprise a minimum of 3 governors, but it is best if it is always an odd number to ensure a majority decision can be achieved without recourse to a chairman’s casting vote.
This panel should include at least one member of the Governing Body who has completed training in all aspects of “safe recruitment”. The panel can consist of any category of governor but the inclusion of staff governors is usually not advisable as it can compromise the future working relationships between the new head and existing staff.
The Governing Body should also approve the recruitment process and terms of reference for the recruitment panel. The process should aim to clearly identify candidates with vision, leadership and management qualities which will move the school forward.
The local authority must be notified of the vacancy and is entitled to offer advice on the appointment and be present throughout the process in the case of Community, Voluntary-Controlled, Special and Nursery schools. In other schools they are able to advise where an agreement exists between the authority and the school. Dioceses have similar advisory rights in Voluntary-Controlled and Voluntary-Aided schools. However, neither the LA nor the Diocesan adviser have any voting rights.
If an authority has concerns about any candidate, these must be made in writing to the school at the shortlist stage. The school must consider any advice it receives, take account of it and respond to it, but is not mandated to act upon it.
The processes used to identify a suitable candidate are a matter for the Governing. Body. Most will include informal activities and interviews at which Governors, staff, pupils and parents may be present. The formal interview(s), conducted by the panel will be the final process in determining whether a candidate will be recommended for appointment.
Care needs to be taken when interviewing not to ask inappropriate questions which may be seen as discriminatory – e.g. sexually or racially inappropriate but questions must elicit appropriate information from which a decision can be made.
It is a good idea to prepare model answers to the “technical “questions, essential for interviewers if not for candidates. The School Staffing (England) Regulations 2009 and Guidance on Managing Staff Employment in Schools provides more specific advice on the regulations.
Qualification requirements for Head Teachers do not permit Governing Bodies to appoint candidates to their first post as a head who have not obtained the NPQH. The qualification requirements do not apply to Heads who are returning to school following secondment and those who occupied a permanent position as Head teacher prior to April 2004.
If appropriate, the panel can decide to recommend to the governing body a candidate for appointment to the post . The role of the governing body is to approve or ratify the appointment of the recommended candidate. The governing body should not in any way revisit the appointment process or discuss the merits or personal details of the different candidates, but should satisfy themselves that the panel has followed a fair and consistent process, in line with the panel’s agreed terms of reference.
In Community, Voluntary-Controlled, and Special schools, where the person recommended by the selection panel is approved by the governing body for appointment then, unless they fail the relevant checks, the local authority must appoint that person. In Foundation or Voluntary-Aided schools the governing body may appoint the person recommended by the selection panel, unless they fail the relevant checks.
If the Local Authority has doubts about a candidate they should express those views at the shortlist stage to the governing body in writing. The Local Authority is entitled to offer advice (but has no voting rights) and is there to help, but the decision on whom to appoint is the appointment panel / governing body's.
This guidance was last updated in September 2011.
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