The Education (School Teachers’ Appraisal) (England) Regulations 2012 (the Appraisal Regulations) which replace the Education Regulations 2006 come into force on 1st Septemebr 2012.
Schools must have an appraisal policy for teachers and a policy, covering all staff, which deals with lack of capability. This model policy applies only to teachers, including headteachers, but schools might wish to adapt it for use with all staff.
It is good practice for schools to consult staff on their appraisal and capability policies. The DfE model policy has been provided as an optional resource for schools and others to which they can refer as they wish as they review and develop their own policies.
Download DfE Model Policy https://www.education.gov.uk/publications/standard/Download?DownloadPublicationReference=DFE-00055-2012&DownloadItemReference=Teacher%20appraisal%20and%20capability%20-%20A%20model%20policy%20for%20schools(DfES%20Online%20Store)&DocumentType=PDF&Url=%2Fpublications%2FeOrderingDownload%2FTeacher%20appraisal%20and%20capability%20-%20model%20policy.pdf
The Education (School Teachers’ Appraisal) (England) Regulations 2012