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Don't forget to look at the how to guide.
Discussion in 'Governors' started by Middlemarch, Nov 29, 2011.
And this is just one of the reasons I loathe and detest academies.
The Staffing Regulations only apply to LA maintained schools. I don't think there are any specific equivalent regulations for Academies but check if your funding agreement has anything to say on the subject, or check with DfE. Probably you can recruit any way you like within the general law of the land.
There's nothing to stop you of course deciding that you will follow the same best practice as LA schools do, not only the Regulations but also the Staffing Guidance:
The objective of the Guidance for LA schools is to get the best range of applicants, to treat all potential applicants fairly, and to eventually select the best candidate for your school. Presumably an Academy has the same general aim. I'd recommend you advertise nationally, TES is the usual place because that's where most potential candidates look, but there alternatives. Yes it costs money, but the question for you is whether it's money well spent. I'd say it is if you then get a good range of candidates to consider. It's the most important decison governors will ever make, do you really want to cut corners?
Having a good internal candidate (aka the "our deputy is wonderful" argument) is unconvincing. If the internal candidate has never been tested against other candidates how do you know they are the best? Advertise and the internal candidte can apply. If they really are the best then they'll get the job. I've sat on more then one panel where governors thought beforehand that the deputy was a shoe-in for the post but after advertising and interviewing realised there were better candidates.
I agree entirely and would add the following: your good internal candidate will probably be an excellent headteacher - in a different school. Making the transition to headteacher is difficult enough, but within the same school it presents obstacles that can lead to failure or - more often - mediocrity, often caused by the former deputy having too close of comfortable a relationship with existing staff.
I speak as someone who (a) was appointed to two secondary headships in preference to the much-loved deputy candidate and (b) had a feeder primary school where the deputy was appointed to the headship. It subsequently went into special measures, from a position of being a 'good' school before the appointment.
The School Staffing Regulations apply to maintained schools (community, foundation, voluntary aided and voluntary controlled), but not to Academies. Academies are free to make their own decisions about recruitment, but in doing so will have act in accordance with general employment and equalities legislation.
The guidance associated with the Staffing Regulations - Guidance on managing staff employment in schools - there was no detailed guidance about what constituted a good reason for not advertising nationally. Under the previous guidance and Regulations good reasons were restricted to school organisation. NGA advice has been that the norm should be to advertise. You may very well have an excellent internal candidate, but how do you know s/he is the best candidate unless you let other people know your vacancy exists.
Don't you think the kids at your school deserve the best headteaher possible?
How would you know that the internal candidate is the best?