Case Study 12

The governing body of Cwmifor School will be interviewing for the headteacher post soon.

Several applications were received for the position of headteacher. The selection panel is meeting to carry out the shortlisting and the Director of Education will be attending the shortlisting meeting (and interviews) on behalf of the Local Authority (their right to attend these meetings is contained in Regulation 13 of The Staffing of Maintained Schools (Wales) Regulations 2006)

One of the shortlisted candidates has noted the Director of Education as a referee on their application form. One of the governors queries whether the Director of Education can be involved in the shortlisting / interview processes or is there a conflict.

There may be conflict of interest, if the reference is of a personal nature rather than factual, however, there is nothing explicit in regulations that prohibit the providing of references. It would be difficult to mount a legal challenge, however, the perception and fairness may be called into question. We would therefore advise that the Local Authority send another representative in place of the Director of Education if the reference was of a personal nature.