Governors in maintained schools must take part in interviews for the headteacher and deputy head and can take part in interviews for less senior staff if they wish.
Academy trusts are free to decide whether trustees attend interviews or not.
The relevant law for maintained schools is the School Staffing Regulations 2009. This law explains that when appointing a head or deputy a minimum of three governors must form a selection panel to interview applicants and recommend a candidate for appointment.
“Appointment of headteacher and deputy head
Where the governing body advertises any such vacancy or post, it must appoint a selection panel, consisting of at least three of its members, other than a governor who is the headteacher or (as the case may be) a deputy headteacher, to—
(a) select for interview such applicants for the post as it thinks fit and, where the post is that of headteacher, notify the authority in writing of the names of the applicants selected;
(b) interview those applicants who attend for that purpose; and
(c) where it considers it appropriate, recommend to the governing body for appointment one of the applicants interviewed.”
School Staffing (England) Regulations 2009
Should governors interview all staff?
It is up to governing bodies to choose whether they wish to take part in interviews below the level of head and deputy head.
The current DfE guidance on Staffing and Employment: Advice for Schools does not contain a recommendation on which interviews should be attended by governors.
An older version of this document, back when it was called Guidance on Managing Staff in Schools, recommended that governors should only be involved in appointments for members of the leadership team.
“It is recommended that the governing body delegates functions relating to staff appointments outside of the leadership group and all dismissals to the headteacher, unless it thinks this would be inappropriate.”
Old Guidance on Managing Staff in Schools
This advice also appears in old DfE guidance called The Governors’ Guide To The Law.
“The School Staffing Regulations allow the governing body to delegate many of its staffing functions to the headteacher, one or more governors, or a combination of the two.
“Where these functions relate to staff appointments outside the leadership group, the governing body should delegate them to the headteacher unless there are good grounds not to do so.
“The governing body of a voluntary aided school with a religious character may agree staffing policies, which provide for governor involvement in the interests of preserving the school’s religious character.”
Old Version of The Governors’ Guide to the Law (May 2012)
The National Governance Association (NGA) produce a delegation planner to help maintained schools delegate responsibilities. Their planner recommends that the full board appoints the selection panel for the headteacher, deputy head and other seniors leaders and also approves the decisions of the panel.
When appointing other teachers and support staff the NGA recommends that the responsibility is delegated to the headteacher.
Safer Recruitment Training
Maintained schools must also comply with the law on safer recruitment outlined in the 2009 staffing regulations. This requires one member of every selection panel to have received training on safer recruitment, which will help them identify and reject unsuitable candidates.
“With effect from 1st January 2010, the governing body must ensure that—
(a) any person who interviews an applicant for any post under these regulations has completed the safer recruitment training; or
(b) in the case where—(i) a selection panel is appointed for that purpose under regulation 15 or 27; or
(ii) the governing body delegates the appointment of a member of staff to two or more governors or one or more governors and the headteacher under regulation 4(1),at least one member of that panel or group has completed the safer recruitment training.”
School Staffing (England) Regulations 2009
In academies these regulations do not apply, but DfE guidance states in the section on safer recruitment that it is good practice for panel members to be trained “appropriately”.
“Academies have responsibilities in relation to the health and safety and protection of their pupils; it would therefore be good practice for appointment panel members in academy schools to be appropriately trained.”
Staffing and Employment Advice for Schools
Further advice
The DfE guidance recommends that schools can also seek advice from their human resources manager and the Advisory, Conciliation and Arbitration Service (ACAS) when recruiting staff.
“Selection panels should also take into account any advice provided by the school’s HR manager or provider. ACAS provides employers with a range of advice and guidance on its recruitment page.
“It covers many areas around recruitment that employers and governors who will be involved in the appointment process should familiarise themselves with.”
Staffing and Employment Advice for Schools