PART IV - OTHER QUALIFIED TEACHERS

Pay scale for classroom teachers

15.1 This paragraph and paragraph 16 apply to a classroom teacher who is not a post-threshold teacher, and references to “classroom teacher” in this paragraph and paragraph 16 shall be construed accordingly.

15.2 A classroom teacher shall be paid such salary based on the pay scale set out in paragraph 15.3 as the relevant body shall determine in accordance with paragraphs 15.4, and 38.1 (unqualified teacher becoming qualified).

15.3 The pay scale for classroom teachers is:

15.4 Subject to paragraphs 27 and 38.1, the relevant body shall determine the point above the minimum point on the pay scale in paragraph 15.3 on which each individual classroom teacher shall be placed on the basis of the criteria in paragraph 16 only. If a classroom teacher is not entitled to any points on the basis of the criteria in paragraph 16, he shall be placed at the minimum point on the pay scale.

16. The criteria are:

16.1 Mandatory Points

16.1.1 In the case of a classroom teacher who was placed on the pay scale for classroom teachers in paragraph 15.3.2 of the 2002 Document in accordance with that Document, the relevant body shall award the number of points corresponding to the number of the point on the pay scale on which he was so placed.

16.1.1 AThe relevant body shall award 1 point for each year of qualifying employment which the classroom teacher has completed since he was first placed on the pay scale for classroom teachers in accordance with either the 2002 Document or this Document.

16.1.2 In paragraph 16.1.1 qualifying employment means:

(a)  service as a teacher in a maintained school, unless the teacher has been notified in writing that his service has not been satisfactory in accordance with paragraph 16.1.4;

(b)  employment as a teacher in an MOD school;

(c)  service as a teacher in the employment of an Education Action Forum; (d)  in the case of a teacher trained in the European Economic Area other than in England and Wales, periods of employment as a teacher of school age children within state sector schools in that area.

16.1.3 The relevant body shall award a point to a classroom teacher whose first post following his qualification is as a fast track teacher if no such point was awarded prior to and taken into account in any determination required by paragraph 15.4.2 of the 2002 Document (assimilation arrangements) or awarded when he was first placed on the pay scale for classroom teachers in paragraph 15.3.2 of the 2002 Document

16.1.4 Where a classroom teacher remains in service on 14th October 2003 and, in respect of any school year commencing in or after 2004, 1st September in the school in which he has been employed during the previous year, the relevant body in considering whether or not his service has been satisfactory shall seek and take into account advice from the head teacher and where the relevant body consider that the classroom teacher’s service has been unsatisfactory it shall notify the teacher in writing before the end of the current school year and before the relevant body makes a determination for the purpose of paragraph 16.1.1.

Discretionary Points

16.1.5   The relevant body may award:

(a) 1 point to a classroom teacher who has been notified that a year of service hasnot been satisfactory, in respect of that year;

(b) 1 or more points for years of experience other than employment as a teacher which the relevant body consider of value to the performance of the classroom teacher’s duties;

(c)  1 point for the purposes of the  determination of a classroom teacher’s salary in accordance with paragraph 3.1(a) or (aa), where the teacher ’s performance in the   previous school year was excellent having regard to all aspects of his professional duties in particular classroom teaching.

16.1.6 For the purposes of paragraph 16.1.1:

(a)  a teacher has completed a year of qualifying employment if on 1st September he has completed periods of employment as mentioned in paragraph 16.1.2 amounting to at least twenty-six weeks in the aggregate within the previous twelve months. For the purposes of this provision a period of employment runs from the beginning of the week in which the employment commences to the end of the week in which the employment is terminated, including any holiday periods and any periods of absence from work in consequence of sickness or injury, whether the teacher’s service during that period has been full-time or part-time or regular or otherwise; 

(b)  where a teacher is absent from work in exercise of her right to maternity leave conferred by section 71 or 73 of the Employment Rights Act 19961 or conferred by her contract of employment or because of her pregnancy and has the right to return to work by virtue of the said section 71 or 73 or by virtue of her contract of employment, or where a teacher is absent from work in exercise of the right to paternity or adoption leave conferred by sections 75A or 75B of that Act, or in exercise of the right to parental leave conferred by section 76 of that Act, the period of absence shall count towards the period of service of at least twenty-six weeks referred to in sub-paragraph (a); and

(c) where a teacher is absent from work for any reason other than as specified in paragraph 16.1.6(a) or (b), the relevant body may determine that the period of absence shall count as if the teacher was in qualifying employment during it.

16.2  Points awarded under paragraph 16.1 shall be permanent, whether the classroom teacher remains in the same post, or takes up a new one.

Pay scale for post-threshold teachers

17.1 A post-threshold teacher other than one to whom paragraph 18.1 applies shall be paid such salary based on the pay scale set out in paragraph 17.2 as the relevant body shall determine in accordance with paragraphs 17.3 to 17.6.

17.2 The pay scale for post-threshold teachers is:

17.3  Where a teacher first becomes entitled to be paid as a post-threshold teacher, the relevant body shall determine that he shall be paid on scale point 1 on the pay scale set out in paragraph 17.2, but this paragraph does not apply to a teacher who is a post-threshold teacher by virtue of sub-paragraph (b) or (c) of that term.

17.4  In making a determination of the salary of a post- threshold teacher pursuant to paragraph 3.1(aa) the relevant body shall not determine that there has been any movement up the pay scale set out in paragraph 17.2 unless-

(a)  there has first been a review of the performance of the post-threshold teacher; and

(b)  the achievements of the post-threshold teacher and his contribution to the school or to a school or schools in which the teacher has previously worked, have been substantial and sustained.

17.5 Save in exceptional circumstances, the relevant body shall not determine a movement up the pay scale set out in paragraph 17.2 until-

(a) in the case of a teacher on the first scale point, the second annual salary determination after the date on which the post-threshold teacher was placed on that scale point; or

(b) in any other case, the second annual salary determination after the date on which the post-threshold teacher’s salary was last increased by the award of an additional point on that pay scale.

17.6  A post-threshold teacher’s salary shall not be increased by more than one scale point in the course of a single annual salary determination and any such points shall be permanent whether the teacher remains in the same post or takes up a new one.

Threshold Applications

18.1 A classroom teacher may apply for assessment against the threshold standards if at any time (whether before or after 1st September 2003) he was placed on point M6 of the main pay scale.

18.2  Subject to paragraph 18.3 a classroom teacher mentioned in paragraph 18.1 shall submit his application to the head teacher of the school at which he is employed to teach in accordance with paragraph 20.1 not later than 1st December 2003.

18.3  A classroom teacher mentioned in paragraph 18.1 who:

(a)  was placed on point M6 on or before 31st August 2003 and is unsuccessful in his application under paragraph 18.2 or does not submit an application in round 4 of threshold assessment; or

(b)  is placed on point M6 after 1st December 2003 but before 31st August 2004; or

(c)  does not accrue the minimum two years evidence required to support his application until after 1st December 2003 but before 31st August 2004,

may submit his application or as the case may be further application at any time up to the deadline for round five of threshold assessment which has yet to be determined by the Secretary of State but will not be earlier than 31st August 2004.

Assessors in relation to threshold assessments

19.1 The Secretary of State shall make arrangements for the appointment of persons to act as assessors of applications to become threshold teachers.

19.2 The arrangements shall include arrangements for: reviews of determinations that a classroom teacher has not passed the threshold and complaints that he has been unlawfully discriminated against; monitoring the quality of threshold assessments made by assessors; and the determination of complaints by head teachers against assessors.

19.3 An assessor appointed for the purposes of paragraphs 19 to 22 shall exercise his functions without unlawful discrimination.

Threshold assessment

20.1  An application submitted to a head teacher by a classroom teacher who is not an unattached teacher shall:

(a)  be in writing; and

(b)  contain a summary of the evidence theteacher wishes to rely on in order to demonstrate that his performance has met the threshold standards throughout the relevant period as described in paragraph 20.2, whichever applies.

20.2.1 Where a teacher has been engaged in the provision of education to children of school age for two years immediately preceding the date of his application for threshold assessment, the relevant period shall be a period of not less than two years and not more than three years, ending with the date of application.

20.2.2 Where paragraph 20.2.1 does not apply to a teacher, but he has been engaged in the provision of education to children of school age for an aggregate period of at least two years in the five years preceding the date of his application, the relevant period shall be the most recent period (or aggregate period) of not less than two years and not more than three years ending with the date on which he was last so engaged.

20.2.3 Where a teacher is absent from work in exercise of her right to maternity leave conferred by section 71 or 73 of the Employment Rights Act 1996 or conferred by her contract of employment or because of her pregnancy, and has the right to return to work by virtue of the said section 71 or 73 or by virtue of her contract of employment, or is absent from work in exercise of the right to paternity or adoption leave conferred by sections 75A or 75B of that Act, or in exercise of the right to parental leave conferred by section 76 of that Act, the period of absence shall count towards the relevant period.

20.3.1 Having considered the application and such of the evidence mentioned in the application and such other evidence as he thinks appropriate, the head teacher shall determine whether a teacher making an application under paragraph 20 has or has not met each of the performance threshold standards throughout the relevant period, and so has passed or not passed the threshold.

20.3.2 The head teacher shall record in writing on the application-

(a)  what evidence in addition to that relied upon by the teacher he took into account; 

(b)  his assessment of whether or not the teacher has met each of the performance threshold standards throughout the relevant period;  and

(c)  his assessment of whether the teacher has passed the threshold and shall then pass the application to the assessor allocated to the school for consideration by him.

20.3.3 The head teacher may amend his assessment under paragraph 20.3.2(b) or (c) or his record under paragraph 20.3.2(a) at any time before the assessor issues a certificate under paragraph 20.5.

20.3.4 A teacher who was eligible to apply for assessment at the date of his application and who has since ceased to be employed as a teacher shall have his application assessed in accordance with this paragraph.

20.4.1 If the assessor decides to approve the head teacher’s assessment of an application he shall complete his assessment and issue a certificate under paragraph 20.5.

20.4.2 Where the assessor decides not to approve the head teacher’s assessment he shall take one or more of the following steps-

(a)  discuss or further discuss with the head teacher the application or the threshold assessment arrangements at the school;

(b)  require the head teacher to reconsider the application;

(c)  carry out his own assessment of the application, and substitute his own assessment for the head teacher’s assessment in any such case; 

(d)  where the head teacher has reconsidered an application, carry out a further assessment.

20.4.3 When the assessor has completed all the steps he decides to take under paragraph 20.4.2 he shall decide whether to-

(a)  complete his assessment and issue a certificate under paragraph 20.5; or

(b)  take the steps set out in paragraph 20.4.4, and where he decides to complete his assessment under this paragraph he may substitute his own assessment for the head teacher’s assessment.

20.4.4  Where an assessor is unable to complete an assessment because of concerns about the threshold arrangements at the school or the assessment of applications he shall raise the matter with the chair of the governing body of the school, and the governing body shall take such action as they consider appropriate to address the assessor’s concerns. Such action may include, where steps are being taken against the head teacher for lack of capability on his part, securing that a deputy head teacher makes assessments in accordance with any directions they give him.

20.4.5 When the action has been taken, the assessor shall take such steps as he thinks fit and issue a certificate under paragraph 20.5.

20.4.6 When making an assessment or taking further steps under paragraph 20.4 the assessor shall take such steps as he thinks fit. 

20.5  When an assessor completes his assessment of an application under paragraph 20.4, he shall certify whether the teacher concerned has passed the threshold and shall send –

(a) to the head teacher, the certificate;

(b) to the chair of the governing body of the school after completing his assessment of all applications from teachers at the school, a report giving his assessment of the effectiveness of the assessment process at the school. 

20.6.1 When the head teacher has received the certificate issued under paragraph 20.5, he shall promptly inform the teacher to whom the certificate relates whether or not he has passed the threshold.

20.6.2 The head teacher shall within a reasonable time after receiving a certificate issued under paragraph 20.5-

(a)  explain to the teacher to whom the certificate relates the outcome of his application for threshold assessment and the reasons therefor, including any reasons given by the assessor; and (b)  give him advice about the aspects of his performance which would benefit from further development.

20.6.3 The head teacher shall provide a teacher who has not passed the threshold with written feedback within 20 working days of receiving a certificate pursuant to paragraph 20.5.

20.7.1 Where a teacher wishing to make an application for threshold assessment produces evidence in accordance with paragraph 20.1 relating to employment during the relevant period at another school or other schools than the school at which he is currently employed, the head teacher of his current school shall consult the head teacher of that school or as the case may be those schools.  

20.7.2 Where a teacher wishing to make an application for threshold assessment is simultaneously employed to teach at two or more schools, a designated head teacher shall be appointed to fulfil the head teacher’s functions under paragraphs 20 and 22, who shall be –

(a)  the head teacher of the school at which the teacher is employed for the greatest number of hours;

(b)  where the teacher is employed for the same number of hours at all the schools at which he is employed, the head teacher of the school at which he has been employed for the longest time; or

(c)  where the head teachers of all the schools concerned all agree, any one of those head teachers.

20.7.3 Before he completes an assessment under paragraph 20.3 in relation to a teacher mentioned in paragraph 20.7.2 the designated head teacher shall consult the head teachers of the other school or schools at which the teacher is employed.    

20.7.4 References in paragraphs 20 and 22 to the head teacher of the school shall be read in relation to a teacher simultaneously employed to teach at two or more schools as references to the designated head teacher.

20.8 Where an application for threshold assessment is made by a teacher at a school which does not have a governing body-

(a)  the authority shall fulfil the functions under paragraph 20 of the governing body, and references in that paragraph to the governing body shall be read as references to the authority;  and

(b)  the Chief Education Officer shall fulfil the functions under paragraph 20 of the chair of the governing body, and references in that paragraph to the chair of the governing body shall be read as references to the Chief Education Officer.

20.9.1 Where under arrangements made by the Secretary of State an assessor allocated to a school is replaced by another assessor as a result of a complaint being upheld against the original assessor-

(a)  the assessor allocated as a replacement shall start the assessment under paragraph 20.4 or 20.14 (as the case may be) afresh; and

(b)  any certificate issued by the original assessor under paragraph 20.5 shall be void.

20.9.2 Except as provided for in paragraph 20.9.1, where an assessor is replaced by another assessor at any time, the replacement assessor may continue the assessment without repeating any steps taken by the original assessor.

20.10  The head teacher shall keep a copy of each teacher’s application for threshold assessment and all other documents pertaining to his assessment, and he shall make copies of the application and assessment documents available only to-

(a)  the teacher;

(b)  a member of the leadership group at the school;

(c)  a teacher with management responsibility for the teacher;

(d)  an assessor; 

(e) a person responsible under arrangements made by the Secretary of State for monitoring the quality of threshold assessments or monitoring equal opportunities;

(f)  an authority or school governing body to whom a complaint has been made under paragraph 22.8 by a teacher they employ; 

(g)  the head teacher of a school to which an application is transferred under paragraph 20.13.2 and a member of the leadership group at such a school;  or

(h) the designated line manager to whom an application is transferred under paragraph 20.13.3; and

(i)  where applicable a translator.

20.11 For the purposes of the Document a teacher applies for threshold assessment on the date which appears on an application given to a head teacher in accordance with paragraph 20.2.1 or other person to whom the application is required to be given in accordance with paragraph 21 or paragraph 20.14.2 (as the case may be) and which meets the requirements of paragraph 20.2.2.

20.12 Failure by any person to discharge any duty within a time limit specified in paragraphs 20 to 22 shall not relieve him of that duty.

20.13.1 This paragraph applies where a school closes before all the procedures referred to in paragraph 20 or 22 in relation to the threshold assessment of a teacher are completed.

20.13.2   In the case of a teacher who takes up his next post at another school(“the new school”), the head teacher of the closing school, the assessor allocated to the closing school, the head teacher of the new school and the assessor allocated to the new school shall make such arrangements as they see fit for and in connection with-

(a)  the transfer of the teacher’s  application for threshold assessment and other documents pertaining to his assessment to the new school; and

(b)  the completion of the procedures in relation to the teacher’s assessment referred to in paragraphs 20 and 22

20.13.3   In the case of a teacher who takes up his next post as an unattached teacher, the head teacher of the closing school, the assessor allocated to the closing school, the Chief Education Officer of the authority which will employ the teacher in his new post, any person nominated by the Chief Education Officer to act as the teacher’s designated line manager for the purposes of paragraph 21 and the assessor allocated to the authority shall make such arrangements as they see fit for and in connection with-

(a)  the transfer of the teacher’s application for threshold assessment and other documents pertaining to his assessment to his designated line manager, and where no designated line manager has been nominated, to the assessor allocated to the authority; and

(b)  the completion of the procedures in relation to the teacher’s assessment referred to in paragraphs 20, 21 and 22

20.14.1  Where paragraph 20 would otherwise operate so as to require a head teacher to make an assessment of his own application for threshold assessment-

(a)  paragraphs 20.14.2 to 20.14.5 shall apply in relation to the assessment of such teacher’s application in place of paragraphs 20.2 to 20.4;  and

(b)  the other provisions of paragraphs 20 and 22 shall apply in relation to that assessment with the modifications specified in paragraphs 20.14.6 to 20.14.9.

20.14.2 The teacher shall prepare an application for threshold assessment complying with the requirements of paragraph 20.2.2 (subject to paragraph 20.2.3), and he shall give it to the assessor allocated to the school before 1st December 2003.

20.14.3 The assessor shall consider the application and such of the evidence mentioned in the application and such other evidence as he thinks appropriate, and he may-

(a)  consult or seek further information from the teacher who made the application, the previous head teacher of his school or the head teacher of his previous school, and any person with management responsibility for him;

(b)  observe the teacher teaching.

20.14.4  The assessor shall determine whether the teacherhas or has not met each of the performancethreshold standards throughout the relevantperiod, and so has or has not passed the threshold.

20.14.5   The assessor shall record in writing on the application-

(a)  what evidence in addition to that relied upon by the teacher he took into account; 

(b)  his assessment of whether or not the teacher has met each of the performance threshold standards throughout the relevant period;  and

(c)  his assessment of whether the teacher has passed the threshold.

20.14.6   The assessor shall issue a certificate under paragraph 20.5 in relation to the teacher.

20.14.7   Paragraph 20.6.1 shall not apply, and following the issue of a certificate under paragraph 20.5 the assessor shall promptly send-

(a)  the certificate and the application to the head teacher;  and

(b)  notification of whether the teacher has passed the threshold to the chair of the governing body of the school.

20.14.8  The functions of the head teacher under paragraphs 20.6.2 and 20.6.3 shall be fulfilled by the assessor, and references in those paragraphs to the head teacher shall be read as references to the assessor.

20.14.9 Paragraph 22.3.4 shall not apply.

20.15  The assessor allocated to the school shall at the request of a head teacher first appointed to a post of head teacher on or after 1st September 2003or of an acting head teacher give him assistance with his function under paragraph 20.3.1.

20.16   In paragraphs 17 to 22  “classroom teacher” includes a head teacher, deputy head teacher or assistant head teacher who was a classroom teacher at the time he made his application for threshold assessment.

21.1 This paragraph applies where an unattached teacher who is a classroom teacher indicates to the authority that he wishes to apply for threshold assessment.

21.2  Except where it is not practicable to do so, the Chief Education Officer of the authority shall nominate a person with management responsibility for the unattached teacher to act as his designated line manager for the purpose of this paragraph.

21.3  Paragraphs 20 and 22 shall apply in relation to the threshold assessment of an unattached teacher for whom a designated line manager has been nominated with the following modifications-

(a)  the designated line manager shall fulfil the functions under those paragraphs of the head teacher of the school, and references in those paragraphs to the head teacher of the school shall be read as references to the designated line manager;

(b)  the assessor allocated to the authority shall fulfil the functions under those paragraphs of the assessor allocated to the school, and references in those paragraphs to the assessor allocated to the school shall be read as references to the assessor allocated to the authority; and

(c)  the Chief Education Officer of the authority shall fulfil the functions under those paragraphs of the governing body of the school and the chair of the governing body of the school, and references in those paragraphs to the governing body of the school and the chair of the governing body of the school shall be read as references to the Chief Education Officer of the authority.

21.4   Where it is not practicable for the authority to nominate a designated line manager for an unattached teacher, an assessor allocated to the authority shall assess whether the teacher has passed the threshold in accordance with paragraph 21.5, and paragraph 22 shall apply with the modifications in paragraph 21.6.

21.5.1 The teacher shall prepare an application for threshold assessment complying with the requirements of paragraph 20.1, and he shall give it to the assessor not later than 1st December 2003.

21.5.2 The assessor shall consider the application and such of the evidence mentioned in the application and such other evidence as he thinks appropriate, and he may-

(a)  consult or seek further information from the teacher who made the application, and any teacher with management responsibility for him;

(b)  observe the teacher teaching.

21.5.3 The assessor shall determine whether the teacher   has or has not met each of the performance threshold standards throughout the relevant period, and so has or has not passed the threshold.

21.5.4 The assessor shall record in writing on the application-

(a)  what evidence in addition to that relied upon by the teacher he took into account; 

(b)  his assessment of whether or not the teacher has met each of the performance threshold standards throughout the relevant period;  and

(c)  his assessment of whether the teacher has passed the threshold.

21.5.5 The assessor shall certify whether or not the teacher has passed the threshold.

21.5.6 Following the issue of a certificate under paragraph 21.5.5 the assessor shall promptly-

(a) send the certificate to the Chief  Education Officer of the authority;  and

(b)  inform the teacher whether or not he has passed the threshold.

21.5.7 The assessor shall within a reasonable time after issuing a certificate under paragraph 21.5.

(a)  explain to the teacher the reasons for the outcome of his application for threshold assessment;

(b)  give him advice about the aspects of his performance which would benefit from further development;  and

(c)  return to him his application.

21.5.8 The assessor shall provide a teacher who has not passed the threshold with written feedback meeting the requirements of paragraph 21.5.7

(a) within 20 working days of issuing a certificate under paragraph 21.5.5.

21.5.9 The assessor shall keep a copy of each teacher’s application for threshold assessment and all other documents pertaining to his threshold assessment, and he shall make copies of the application and assessment documents available only to-

(a)  the teacher;

(b)  a teacher with management responsibility for the teacher;

(c)  a person responsible under arrangements made by the Secretary of State for monitoring the quality of threshold assessments or equal opportunities monitoring;

(d)  another assessor;

(e)  an authority or school governing body to whom a complaint has been made under paragraph 22.8 by a teacher they employ; or

(f)  where applicable a translator.

21.6  Paragraph 22 applies with the modifications that the Chief Education Officer of the authority shall fulfil the functions under paragraphs 22.3.4, 22.5.1(b)(ii) and 22.6 of the head teacher who made the assessment, and references in those paragraphs to the head teacher who made the assessment shall be read as references to the Chief Education Officer of the authority.

Review of threshold assessment

22.1  A teacher who has not passed the threshold shall no later than the end of the period of 40 working days starting on the day on which he receives written feedback under paragraphs 20.6.3 or 21.5.8 be entitled to seek a review of his threshold assessment upon the grounds set out in paragraph 22.2 (but no other grounds).

22.2 The grounds for review are that the teacher would have passed the threshold if the head teacher or assessor who made the assessment-

(a) had taken proper account of relevant evidence;  or

(b) had not taken account of irrelevant or inaccurate evidence;  or

(c) had not been biased or had not discriminated against the classroom teacher in question.

22.3.1 An application for review shall be made in writing, and shall contain, or refer to, evidence relating to the grounds upon which review is sought.

22.3.2 A teacher may not bring evidence under paragraph 22.3.1 to demonstrate that his performance has met a performance threshold standard throughout the relevant period which-

(a)  was not available during the relevant period;  or

(b)  relates to his performance outside the relevant period.

22.3.3 An application for review shall be given to the review coordinator, who shall give it to the allocated review officer.

22.3.4 A teacher making an application for review shall promptly give a copy of the application to the head teacher who made the assessment, and the head teacher may submit to the review officer his written comments on the application.

22.4.1 Where the review officer is satisfied that the teacher who made the application would have passed the threshold if the head teacher or assessor who made the assessment-

(a)  had taken proper account of relevant evidence;  or

(b)  had not taken account of irrelevant or inaccurate evidence;  or

(c)  had not been biased or had not discriminated against the teacher in question, he shall determine that the teacher has passed the threshold.

22.4.2 Where the review officer is not satisfied that the teacher who made the application would have passed the threshold if the head teacher or assessor who made the assessment-

(a)  had taken proper account of relevant evidence;  or

(b)  had not taken account of irrelevant or inaccurate evidence;  or

(c)  had not been biased or had not discriminated against the teacher in question, he shall order the threshold assessment to stand.

22.5.1 Before determining a review under paragraph 22.4 the review officer may –

(a) request the head teacher or assessor who made the assessment of which review is sought to provide copies of any of their records in relation to the assessment, and consider such documents as they supply pursuant to his request,

(b) seek comments from the teacher who made the application for review, the head teacher or assessor who made the assessment of which review is sought and any other teacher with management responsibility for him who provided evidence or information in relation to the assessment of which review is sought, and

(c) do anything an assessor could do under paragraph 20.4.6

22.5.2 The head teacher or assessor who made the assessment of which review is sought shall provide to the review officer copies of such of their records in relation to the assessment of the application as he requests.

22.6  The review officer shall notify in writing the teacher who made the application for review and the head teacher and assessor who made the assessment of which review is sought of his decision under paragraph 22.4 and of the reasons for it no later than the end of the period of 70 working days starting on the day on which the review officer received the review application.

22.7 Where the review officer determines that the teacher has passed the threshold, he shall issue a certificate to that effect which shall replace the certificate previously issued under paragraph 20.5 or 21.5.5

22.8  Paragraphs 22.9 to 22.15 apply where-

(a)  the review officer orders that the threshold assessment of a teacher is to stand;  and

(b)  the teacher complains to the authority or school governing body which employ him that the review officer who carried out the review unlawfully discriminated against him.

22.9.1 A complaint under paragraph 22.8 may be brought no later than the end of the period of 40 working days starting with the day on which the teacher received notification under paragraph 22.6 of the review officer’s decision that his threshold assessment is to stand.

22.9.2 A complaint under paragraph 22.8 shall be made in writing and shall contain, or refer to, evidence relating to the discrimination complained of.

22.9.3 The teacher who made the complaint under paragraph 22.8 shall give a copy of it to the head teacher who made the assessment. 

22.10  The teacher who made the complaint under paragraph 22.8, the head teacher or assessor who made the assessment and the review officer shall at the request of that teacher’s employers supply them with such records, information or evidence as the employers reasonably request.

22.11.1  Where the employers are satisfied that-

(a)  the teacher’s complaint under paragraph 22.8 is justified; and

(b)  the unlawful discrimination may have affected the review officer’s decision that the threshold assessment stood,

they shall refer the case to a replacement review officer for a further review and inform him of their conclusions and the reasons for their decision.

22.11.2 The employers shall notify in writing the teacher who made the complaint and the head teacher who made the assessment that they have referred the case to a replacement review officer and of the reasons for their decision.

22.12  Where a reference is made to him under paragraph 22.11.1, the replacement review officer shall carry out a further review taking account of the employers’ conclusions and the reasons for their decision, and paragraphs 22.3.2 and 22.4 to 22.15 shall apply to the further review.

22.13  When the replacement review officer has determined the further review, he shall in addition to fulfilling the requirements of paragraph 22.6 notify the employers in writing of his decision and of the reasons for it.

22.14 Where the employers-

(a) are not satisfied that the teacher’s complaint under paragraph 22.8 is justified; or

(b) if they are so satisfied, they are not satisfied that the unlawful discrimination may have affected the review officer’s decision that the threshold assessment stood,

they shall dismiss the complaint, and notify the teacher who made the complaint and the head teacher who made the assessment in writing of their decision and the reasons for it.

22.15 The employers shall notify the teacher who made the complaint and the head teacher who made the assessment in writing of their decision and the reasons for it under paragraph 22.11.2 or 22.14 (as the case may be) no later than the end of the period of 40 working days starting with the day on which the employers received the complaint under paragraph 22.8.

22.16 Nothing in this paragraph shall prevent a teacher who is no longer employed as a teacher seeking a review of his assessment.

22.17 In paragraph 22 “the head teacher or assessor who made the assessment” includes any deputy head teacher or designated line manager who carried out a threshold assessment of a classroom teacher under paragraph 20 or 21.

Allowances for classroom teachers

Management allowance

23.1 The relevant body may award a first, second, third, fourth or fifth management allowance to a classroom teacher in accordance with paragraphs 23.2 to 23.4.  The annual value of a management allowance shall be determined in accordance with the following table:

23.2 A management allowance may be awarded for a fixed period not exceeding one year to a classroom teacher who undertakes significant specified management responsibilities beyond those common to the majority of classroom teachers.

23.3 Any classroom teacher who was awarded a management allowance prior to 31st March 2004 shall be paid the allowance for the period determined when the award was made, whether for a fixed period of time or while the classroom teacher remains in the same post.

23.4 Where the relevant body determine that a classroom teacher who holds a management allowance while he remains in the same post should be awarded a higher management allowance which is awarded for a fixed period, that teacher shall retain his original management allowance while he remains in the same post if the higher management allowance is subsequently withdrawn following the expiry of the fixed period.

Recruitment and retention allowance

24 - DELETED

Special educational needs allowance

25.1 The annual value of a first special educational needs allowance referred to in paragraph 25 is £1,716, and the annual value of a second special educational needs allowance referred to in paragraph 25 is £3,396.

(a) if he was last being paid as a qualified teacher under the provisions of the 2001, 2000, 1999, 1998, 1997, 1996, 1995, 1994 or 1993 Documents, the equivalent point on the pay scale set out in paragraph 15.3 ascertained in accordance with the following table with the addition of one point in respect of each year of qualifying employment completed since he was last placed on a point in accordance with the provisions of any such document and, at the relevant body's discretion one or more points for years of experience other than employment as a teacher gained since he was last so placed which the relevant body consider of value to the classroom teacher's duties.