- Date requested: 28 June 2010
- Publish date: 15 July 2010
- Updated: 26 April 2012
In accordance with the SI does the department agree that the assessment process is the continuing process, it does not wait for a specific moment for the assessment of the candidate to start, but has a day toward the end of the term or last week of the term where a conclusion is drawn as to whether the candidate has met the requirement or not?
Does the department agree that an induction process might, if handled in a certain way, conflict with the candidate contract of employment? If so, why?
- In the light of this potential conflict or otherwise, what is the department’s advice to the LAs regarding candidates who resign before their final or/and end of the term assessment (or recommendation) has taken place?
- a) Can the department explain why it should give such advice? How does it relate to the statutory instrument (or/and obligation of the LA to provide a duty of care to all those who are being assessed under the NQT)?
If a LA was to forcefully assess a NQT who had resigned before their final assessment, will they have committed a tort in breach of the contract of employment and be negligent in their duty of care?
- What is the department’s advice to LAs that run their induction periods without consulting the candidate when it comes to aspects of the training such as:
- a) Planning what needs to be done to satisfy the standards (without getting the candidate involved or/and taking into account his her/view)?
- b) Deciding to do a “mock assessment” (without getting the candidate involved or/and taking into account his/her view)?
- c) Imposing an extension of time (without getting the candidate involved or/and taking into account his/her view)?
- Are there any circumstances whereby the department might advise the LA to assess any candidate that has resigned? (If not, why not?) Such as:
- a) Candidates might be playing with the system or this is because the NQT assessment process is an opinion based assessment and depends more on the personalities of the people involved)?
- b) The serious consequences of terminating someone’s career based more on a personal opinion of most of the time a person rather than a finding of fact made by a court? Is this a fact?
- Is it the department’s advice to LAs that they must make a fair and independent decision and keep a transparent paper trail as to how they have arrived at their decision and not just rely on what the school says about the candidate, especially when the candidate disagrees?
Please note that that the current regulations are contained in Statutory Instrument 2008 no. 657 and not Statutory Instrument 2001 no. 2897 as outlined in the question. The department is happy to answer this request, although it cannot provide an interpretation of the regulations as that is a matter for the legal courts.
Answer to No.1
Assessments of an NQT’s progress should be informed by evidence from throughout their induction period. Please refer to paragraphs 2.68 to 2.88 in the statutory guidance on induction.
Answer to No.2
The department cannot comment on this as it would be speculation.
Answer to No.3
Schools should complete an interim assessment form where an NQT has completed at least one term but leaves before their next formal assessment. It would still be good practice for an interim assessment form to be completed even where a complete term had not yet been served. Please refer to paragraph 2.89 of the guidance.
Answer to No.3(a) & 4
The department cannot comment on this and suggests the requester seek their own legal advice.
Answer to No. 5(a),(b) & (c)
A summary of the roles and responsibilities of the NQT, headteacher, induction tutor, Governing Body and Appropriate Body (usually the local authority) can be found in section 6 of the guidance.
Answer to No.6
NQTs are usually assessed by their induction tutor at the school they are employed at. The local authority does not make assessments, but they do make a final decision on whether or not an NQT has met the standards following a recommendation by the headteacher. Assessments should be conducted before an NQT leaves their post.
Answer to No. 6(a)
Assessments are evidence based and allow the NQT to engage in a professional dialogue.
Answer to No. 6(b)
Sorry, the department was unable to understand the question.
Answer to No.7
The final decision made by the Appropriate Body is based on the recommendation of the headteacher, supported by copies of the formal assessments. NQTs may make their own comments in writing on the formal assessments, and may also make their own written representation to the Appropriate Body at the time the recommendation is sent to them. Please refer to paragraphs 2.96 to 2.102 of the guidance.
The statutory guidance on induction document is available for viewing or downloading.