The School Staffing (England) Regulations 2003 gives governing bodies of maintained schools more flexibility in appointing staff.
The governing body can still make appointments itself or delegate this to the head, or to a committee of one or more governors and the head, or a committee with the head in an advisory capacity.
When the governors identify a vacancy for a post which is to be filled for more than four months, they must send a specification to the LEA, but are no longer required to consider any names submitted by the LEA. The governors are also free to determine the methods of interview and selection. The governors are not required to interview candidates, so long as they do not offend equal opportunities legislation. The LEA has the right to attend all phases of the selection in community and voluntary-controlled schools, and is entitled to advise the governors of foundation and voluntary-aided schools. Foundation and aided school governors appoint staff to their schools. The LEA appoints staff to community and controlled schools, but must appoint the person chosen by the school, unless that person is not properly qualified to teach.