Capability procedures: sharing information

Read guidance and advice on requirements around sharing information about capability procedures. Find out what you have to disclose to governing bodies and future employers.

Last reviewed on 10 July 2023
School types: AllSchool phases: AllRef: 44688
  1. Notification of dismissal
  2. References for former teachers
  3. Disclosing information about support staff
  4. Sharing information with governors

Notification of dismissal

The model funding agreement for academies doesn't stipulate any requirements around notifying anyone when a member of staff is dismissed due to capability. You should refer to your individual funding agreement and your own procedures.

As the trust is your employer, there are no specific notification requirements for academies (as there are when the LA is the employer).

A representative from the Association of School and College Leaders (ASCL) explained this.

References for former teachers

As part of the appointment process for headteachers and teachers, the DfE recommends you ask previous employers for details about whether the individual has been subject to capability procedures in the previous 2 years.

This is in line with the requirements of the School Staffing (England) (Amendment) Regulations 2012.

Whether or not you have to respond to these requests depends on your trust's requirements