The Department for Education last week announced plans which it claims will reduce “the bureaucracy that controls how schools manage teacher performance and deal with poorly performing teachers”.

Teacher unions says the plans are more to do with removing the protection of the law from teachers, not about cutting down on unnecessary red tape.

They say that stripping away safeguards to ensure teachers are treated fairly and professionally will not deliver high performance. The end result, they say, will be that teachers end up on a permanent capability procedure.

The current system for teachers’ performance management is set out in the Education (School Teacher Performance Management) (England) Regulations 2006.

The existing School Staffing Regulations (2009) require governing bodies to have “capability procedures”, which provide schools with model capability procedures for dealing with poorly performing teachers.

The government claims the two sets of rules are complex and duplicate one another.

In summary, its proposals will include:

  • Introducing performance related pay
  • Introducing written assessments of performance
  • Revoking all current Regulations on performance management
  • Removing informal stages of performance management
  • Looking at keeping weak teachers out of the education system once dismissed


It is expected that the new arrangements will come into effect from September 2011. Revised Regulations for performance management will be published in September 2011 and take effect in 2012.

The consultation closes on 16 August and can be downloaded from the Department for Education website