The Archdiocese of Cardiff

Policy and Guidance on Staffing Matters

Introduction

The purpose of this policy and guidance is to help and guide Governors fulfil their statutory responsibilities to preserve and develop the Catholic character of the school and to conduct the school with a view to promoting high standards of educational achievement.

As with all other Archdiocesan policies, this policy is designed to be used alongside national and local policies and statutory guidance.

Catholic schools aim to provide the best possible teaching and learning, shaped by a Catholic vision of life. The Catholic vision for life is founded on the revelation of Jesus Christ, who came into the world so that we might ‘have life, and have it to the full’ (John 10:10). Catholic schools offer an educational service with the purpose of nurturing the full development of all, intellectually, spiritually, physically, emotionally and morally, which at the same time contributes to the common good of society.

Catholic schools are successful when they:

  • have a strong Catholic identity and give witness to Gospel values;
  • are open and accessible to all who seek this identity;
  • provide a holistic curriculum;
  • are a compassionate and caring community; and
  • are staffed by qualified and dedicated people who give witness to Catholic belief and practice.

Thus, the success of a school depends on the quality and dedication of all the staff who teach and work there. All staff, by virtue of being an integral element of the work of the school, are,unavoidably,witnesses to the vision and philosophy of Catholic education.

Appointments

The Archdiocesan policy and guidance on staff appointments is available separately. Governors are reminded in this policythat Governors of Catholic Voluntary Aided schools are the employers of most staff in the school (some may be employed directly by the Local Authority), to whom they should give clear guidelines about the Catholic character of education and life in their school. As employers, the Governing Body must issue the appropriate contract of employment and associated documentation as published by the Catholic Education Service.

The preservation and development of the quality and distinctive nature of Catholic schools depends on the faith, practice and commitment of the teachers in the schools, working with their Governing Bodies. To find Catholic teachers who combine personal conviction and practice of the faith with the required professional qualifications and experience, especially in specialist subjects, is always a top priority for governors.

The governing body of all maintained schools must draw up a job description (with particulars of employment) and person specification for any full time or part time post. The specification and accompanying paperwork must draw attention to the expectations regarding the Catholic nature of the school and the requirement for all employees to sign the appropriate Catholic Education Service contract. Governors are reminded that legislation (Section 60 (5) of the School Standards and Framework Act 1998) allows Catholic school Governing Bodies to advertise for a ‘practising Catholic’ if a significant part of the post is to teach Religious Education. This is relevant for every teacher in a Catholic Primary school and teachers of Religious Education in a Catholic secondary school.

For the appointment of Religious Education subject leaders and school chaplains, including acting posts, the Archdiocesan Director of Religious Education, as the designated officer of the Archbishop, must be involved from the start of the process.

For the appointment of Headteachers and Deputy Headteachers, including acting posts, the Archdiocesan Director of Schools, as the designated officer of the Archbishop, must be involved from the start of the process. In addition,alternative models of school leadership, including Executive Headship and/or Federation, must be considered by the Governing Body before proceeding.

Induction and Training

To assist all staff in this duty, governing bodies must ensure that:

  • newly appointed staff are provided with a comprehensive induction programme that provides opportunities to explore the vocation of working in a Catholic school, including worship, relationships and the Catholic curriculum;
  • at least one INSET day a year is set aside for all staff to revisit and explore afresh the vocation of working in a Catholic school;
  • where difficulties for staff arise, the well-being of students is the ultimate reference point;
  • all staff are able to participate in significant workplace consultations on matters which directly impact upon them; and,
  • at every level, governors, staff and appropriate advisers are fully conversant with the policies and procedures adopted by the governing body, and that they are implemented in the spirit of respect and faithfulness to the virtues of justice and reconciliation.

The Governing Body and the Headteacher

On behalf of the Governing Body, the headteacher is responsible for:

  • Acting as professional adviser to the governing body, obliged by law to provide the information governors need to carry their legal duties.
  • Advising on and implementing the strategic framework agreed by the governing body, which includes:
  • Formulating and drafting aims and objectives, policies and targets for consideration by the governing body.
  • Implementing policies set by the governing body.
  • Leading the school towards agreed targets.
  • Reporting on progress towards the agreed aims, objectives and targets.
  • Discharging delegated responsibilities on the governing body’s behalf.
  • The internal organisation, management and control of the school, including the implementation of the curriculum and the day to day running of the school.
  • The educational performance of the school.

Governors are reminded that they have a pastoral duty to support the Headteacher of the school, particularly when difficult decisions have to be made and acted upon. As with all staff, Governors must also be mindful of the spiritual life of the Headteacher and encourage the Headteacher to take opportunities to enhance his/her professional and spiritual well-being as required.

The Education Workforce Council (Wales only)

All teaching (and,by next year, all support staff) employed in maintained schools in Wales must be registered with the Education Workforce Council. The purpose of the Education Workforce Council is to:

  • contribute to improving the standards of teaching and the quality of learning in Wales;
  • maintain and improve standards of professional conduct amongst teachers and persons who support teaching and learning in Wales;
  • safeguard the interests of learners, parents and the public and maintain public trust and confidence in the education workforce.

Governing bodies must ensure that all staff are registered with the Education Workforce Council.

Appraisal, Capability, Sickness Absence, Grievance and Disciplinary Policies

The Archdiocese of Cardiff’s Policy and Guidance on Staff Appointments(2015) states that for all posts in a Catholic school, the Catholic Education Service application forms and contracts must be used.

In addition, the Catholic Education Service provides English and Welsh staff policy documents on:

  • Appraisal,
  • Capability,
  • Sickness Absence,
  • Grievance, and
  • Disciplinary.

They have been negotiated with staff Unions are available on the CES website at:

The Archdiocese of Cardiff recommendsthat governing bodies of Catholic schools adopt these policies. Because these policies have been developed in consultation with staff unions, HR departments of Local Authorities should be able to continue to provide the appropriate support and guidance under these policies, as well as their own. If there are problems concerning this, please contact the Archdiocesan Director of Schools.

Pay and Conditions of Service

i)Teaching Staff

Each year the UK government publishes a School teachers’ pay and conditions document and guidance on school teachers’ pay and conditions(STPCD)for teaching staff in England and Wales. In addition, a DoEImplementing your school’s approach to pay Departmental advice for maintained schools and local authorities document is also published that may assist governing bodies with this area of responsibility. The STPCD sets out the entitlements to pay for all teaching staff and guidance on determining the leadership group’s range of salaries, the award of allowances to teaching staff and other staff pay matters.

In addition, governing bodies make decisions about teachers’ pay progression, which are now linked to performance. It is important that governing bodies

  • ensure that equalities responsibilities are being met, so that they do not discriminate unlawfully against individuals or groups of staff when making pay decisions;
  • make appropriate use of evidence and reduce unnecessary bureaucracy when making appraisal and pay decisions;
  • manage pay decision appeals;
  • decide on the use of allowances; and on non-pay terms and conditions.

The regulations concerning this for Wales arein ‘The School Teacher Appraisal (Wales) Regulations 2011’:

Further advice and guidance on pay progression is provided by the Local Authority/Consortia. Governors may also contact the Archdiocesan Director of Schools, Anne Robertson, if required.

ii)Support Staff

The national agreement containing the full, current details of the National Joint Council (NJC) for local government services, known as the Single Status Agreement, isthe National Joint Council for local Government Services: national Agreement on Pay and Conditions(also known as ‘The Green Book’), whichcovers the pay and conditions for local authority and non-local authority employees.

As an employer, the governing body has a legal duty to give employees a written statement of the Particulars of Employment within two months of starting the job. The statement should contain, for example, the hours of work, holiday entitlement, place of work, etc. The Particulars should also state the title of the job and a brief description of the work. The 'contract of employment' is comprised of the written statement of the Particulars of Employment together with (depending on individual circumstances) the letter of appointment, and other particulars of employment that are provided in instalments or contained in separate collective agreements. All of these should be be contained or referred to in a contract of employment that the employee and the employer sign.

Further advice regarding ‘single status’ pay and local levels of pay are provided by the Local Authority/Consortia.

Safeguarding – Keeping Children Safe in Education

Every child matters because every child is a gift of God and it is the responsibility of the Governing Body to ensure all legislation regarding the safeguarding of children is complied with. They must ensure that the policies, procedures and training in their schools or colleges are effective and comply with the law at all times. This includes ensuring that the school contributes to inter-agency working in line with statutory guidance Working Together to Safeguard Children 2013. This includes providing a co-ordinated offer of early help when additional needs of children are identified and contributing to inter-agency plans to provide additional support to children subject to child protection plans. All schools must allow access for children’s social care from the host local authority and, where appropriate, from a placing local authority, for that authority to conduct, or to consider whether to conduct, an assessment.

Governing bodies and proprietors of all schools and colleges should ensure that their safeguarding arrangements take into account the procedures and practice of the local authority as part of the inter-agency safeguarding procedures set up by the Local Safeguarding Children Board (LSCB). Section 10 of the Children Act 2004 requires a local authority to make arrangements to promote co-operation between itself and its relevant partners and other organisations who are engaged in activities relating to children. Under section 14B of the Children Act 2004 the LSCB can require a school or college to supply information in order to perform its functions.

Governing bodies must appoint a member of the governing body, usually the chair, to liaise with the local authority and/or partner agencies on issues of child protection and in the event of allegations of abuse made against the headteacher. In the event of allegations of abuse being made against the headteacher, allegations should be reported directly to the local authority. In addition, the governing body must also appoint a governor to be the link Governor for the school on matters concerning safeguarding children.

Governing bodies must ensure there is an effective child protection policy in place together with a staff behaviour policy (code of conduct). Both should be provided to all staff – including temporary staff and volunteers – on induction. The child protection policy should describe procedures which are in accordance with government guidance and refer to locally agreed inter-agency procedures, be updated annually, and be available publicly either via the school or college website or by other means. Governors must ensure that the policies and procedures adopted by governing bodies, particularly concerning referrals of cases of suspected abuse and neglect, are followed by all staff.

Governing bodies must also appoint a member of staff of the school’s leadership team to the role of designated safeguarding lead. This should be explicit in the role-holder’s job description. This person should have the appropriate authority and be given the time, funding, training, resources and support to provide advice and support to other staff on child welfare and child protection matters, to take part in strategy discussions and inter-agency meetings – and/or to support other staff to do so – and to contribute to the assessment of children. The designated safeguarding lead should liaise with the local authority and work with other agencies in line with legislation and statutory guidance.

The designated safeguarding lead should undergo updated child protection training every two years. The headteacher and all staff members should undergo child protection training which is updated regularly, in line with legislation and guidance.

If, at any point, there is a risk of immediate serious harm to a child a referral should be made to children’s social care immediately. Anybody can make a referral.

Governing bodies and proprietors should also consider how children may be taught about safeguarding, including online, through teaching and learning opportunities, as part of providing a broad and balanced curriculum. This may include covering relevant issues through personal, social health and economic education (PSHE), and/or – for maintained schools and colleges – through sex and relationship education (SRE).

The assessment of the quality of leadership and management made during an Estyn inspection includes an assessment of the effectiveness of the safeguarding arrangements in place in the school or college to ensure that there is safe recruitment and that all children are safe. The Estyn handbook provides further information on what inspectors must do and what school and colleges can expect, and provides guidance for inspectors on making their judgements.

In line with statutory guidance, governing bodies and proprietors should prevent people who pose a risk of harm from working with children by adhering to statutory responsibilities to check staff who work with children, taking proportionate decisions on whether to ask for any checks beyond what is required; and ensuring volunteers are appropriately supervised. Governors must ensure that the school has written recruitment and selection policies and procedures in place. In England and Wales the school staffing regulations require governing bodies of schools to ensure that at least one person on any appointment panel has undertaken safer recruitment training. The 2014 Department for Education’s Statutory Guidance, Keeping Children Safe in Education states: ‘references should be sought on all short-listed candidates, including internal ones, before interview, so that any issues of concern they raise can be explored further with the referee, and taken up with the candidate at interview’ (para. 63). Thus, references should always be interrogated prior to interview and may be discussed with the candidate if appropriate.

In line with statutory guidance, governing bodies must ensure there are procedures in place to handle allegations against members of staff and volunteers. Such allegations must always be referred to the appropriate authorities and to national education workface councils. This is a legal duty and failure to refer when the criteria are met is a criminal offence.Governing bodies should also ensure that there are procedures in place to handle allegations against other children.

Governing bodies and school or leaders should also ensure that the child’s wishes or feelings are taken into account when determining what action to take and what services to provide to protect individual children through ensuring there are systems in place for children to express their views and give feedback. Governing bodies must ensure that staff members do not agree confidentiality and always act in the interests of the child.