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Last reviewed on 25 May 2021
Ref: 33348
School types: All · School phases: All

Whether or not you must declare when a teacher has been dismissed due to capability depends on the type of school. Read guidance, including advice from the DfE, ASCL and our associate education experts, and learn how the rules are different for support staff.

Notifying the LA of a dismissal

Maintained schools

Community and voluntary controlled: Your school’s governing board must notify the local authority (LA) when it determines that any person employed by the LA to work at the school should cease to work there (see The School Staffing (England) Regulations 2009, regulations 8, 11, 20, 23 and 32). 

The notification must include the reasons for determining this. 

This is also set out in the model teacher appraisal and capability policy for schools (page 14) from the Department for Education (DfE). 

Voluntary aided and foundation: The same regulations do not apply unless the member of staff is employed by the LA.

Academies

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