New DfE Guidance on Teacher Capability Procedures

Updated: 11/03/2025

The Department for Education (DfE) has published non-statutory guidance to support schools in managing serious underperformance among teachers and school leaders. This new framework is designed to strike a balance between accountability and professional development, ensuring that capability procedures are fair, proportionate, and consistently applied.

📄 Read the full DfE guidance here

Key Points from the DfE Guidance

1. Formal Capability Procedures Should Be a Last Resort

Schools are advised to begin with informal support mechanisms, such as coaching, mentoring, and tailored CPD.
Formal procedures should only be triggered when informal efforts have not led to sustained improvement.

2. Fair and Transparent Process

Schools must align with the ACAS Code of Practice on disciplinary and grievance procedures.
The guidance reinforces the need for a structured, step-by-step approach that ensures procedural fairness for all staff.

3. Model Capability Policy Included

The document includes a template capability policy that schools can adapt to suit their context.
Having a clear policy supports consistency, legal compliance, and alignment with best practice.

4. Defined Timeline and Stages

The guidance outlines each step in the capability process—from initial notification to potential dismissal—while emphasising the importance of:
Ongoing support
Professional dialogue
Clear communication at every stage

Key Actions for School Leaders

1. Prioritise Early Intervention

Address emerging concerns promptly and informally.
Use coaching, peer observation, and structured feedback cycles to encourage improvement before issues escalate.

2. Document Thoroughly

Keep detailed records of all performance-related conversations and interventions.
Documentation supports transparency, consistency, and protects the school legally should formal procedures become necessary.

3. Follow the Process with Precision

Adhere to the ACAS Code and the DfE’s model policy.
Ensure all staff are treated fairly, and that expectations and timelines are clearly communicated.

4. Set Expectations and Offer Support

Clearly define what ‘meeting expectations’ looks like.
Provide personalised support plans and regular progress reviews.

5. Seek HR and Legal Advice Early

Consult with HR professionals and legal advisors throughout the process—especially if moving into formal capability procedures.
Early support helps ensure compliance with employment law and protects the wellbeing of both staff and students.

Final Reflections

This DfE guidance provides schools with a balanced, professional approach to managing underperformance. At its core, the focus is on improvement—not punishment. Capability procedures should be used sparingly and only after every effort has been made to support staff through informal interventions.

By adopting a clear, consistent policy and investing in professional development, school leaders can uphold high standards while fostering a culture of support, fairness, and continuous improvement.

Resources for School Leaders

Capability and Performance Management

Leadership and Staff Development

Legal and HR Considerations

For further resources and professional development, visit:

Further Support

For access to editable policy templates, leadership CPD, and ready-to-use resources on staff performance, visit the HeadteacherChat Community:

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You’ll find:

School capability frameworks
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Updated 11/03/25

Managing Serious Underperformance in Schools - Key Takeaways from the Department for Education’s Guidance