law, less ordinary - legal opinions from Browne Jacobson » Education

‘Damp squib’ danger as Gove announces first wave of free schools

Hannah — Thu, 09 Sep 2010 10:03:06 +0000

Michael Gove has announced the first 16 free schools that will progress to the next stage of preparing business plans . The schools are a mix of secondary, primary and faith schools in a number of areas set up by various groups including parents, teachers, local interest groups and charities.

In his ministerial statement Gove acknowledges that opening in September 2011 represents a challenging timescale and sets out his anticipation that more applications will follow. He expects the free school’s programme will improve choice for parents and raise standards for all young people.

However, Chris Keates, General Secretary of NASUWT considers these initial modest numbers of approval to show there is meagre demand for free schools, which would fragment communities and be socially divisive.

Either way if the number of applications for free schools do not significantly increase in the future, the programme may become something of a damp squib.

Posted by Mark Blois, who specialises in advice to schools, colleges, and local authorities on the full range of legal issues, both contentious and non-contentious including changes of category, reorganisations, governance, commercial arrangements, special educational needs, disability discrimination, admissions, exclusions and safeguarding.

Mark Blois
0115 976 6087
mblois@brownejacobson.com

Academies – only 32 hares but potentially plenty of tortoises

Hannah — Fri, 03 Sep 2010 09:49:27 +0000

The Department for Education has revealed that a total of 142 schools are currently on track to convert to academy status this academic year. 32 of these conversions will take place this month.

The conversions form part of the Government’s much-publicised new academies programme, which encourages maintained schools to adopt academy freedoms. Based on the current number of schools due to convert, the NUT has deemed new academies “a failure”.

However, as relevant legislation only came into force last month and the option of conversion is only currently available to “outstanding” schools, surely many schools will be keen to see how the frontrunners fare before committing to a conversion? A slow start perhaps, but with a full school year now ahead, the pace of conversion could rise significantly.

Posted by Katie Michelon, who specialises in education law advice to schools, colleges and LEAs, including commercial advice on education sector projects such as academies, trust schools and federations.

Katie Michelon
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kmichelon@brownejacobson.com

Charity recommends fair-banding and independent scrutiny of admissions

richardmo — Fri, 27 Aug 2010 15:45:09 +0000

Barnardo’s has reported that fair-banding and independent admission authorities are necessary to avoid social segregation in the school admissions process.

Fair-banding involves pupils taking a standard test, after which they are divided into 5 bands. Schools then admit pupils in equal proportions from each ability band. Barnardo’s also recommend that decisions on admissions should be made by a body independent of the school.

Michael Gove acknowledges that the schools admission system is unsatisfactory. However, a move towards independent admissions authorities may come as a blow to new academies who, as part of their promised autonomy, currently make their own admissions decisions.

Katie Michelon
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kmichelon@brownejacobson.com

A fresh start?

Hannah — Fri, 13 Aug 2010 09:20:22 +0000

The Government has made further announcements this week as part of its promised review of school behaviour policy.

A key development is the halting of mandatory local behaviour partnerships. Under legislation passed under the previous Government, the requirement that schools join a LBP was to take effect in September. The most talked-about element of these partnerships is the duty on schools to support pupils excluded from another school within their area.

The process of ‘managed moves’ enables pupils at risk of exclusion to have a fresh start at a new school and technically avoid exclusion. The Conservatives have always been convinced that it was unfair to force ‘good’ schools to take on pupils from ‘bad’ ones. But the result could be, as teaching unions have suggested, that without local support some schools will simply be left to ‘sink’ under the weight of their disciplinary problems.

Posted by Mark Blois
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mblois@brownejacobson.com

Cuts to BSF – the pressure mounts on Gove

Hannah — Fri, 06 Aug 2010 08:57:13 +0000

Councillors from Sandwell met the Education Secretary, Michael Gove, this week to ask him not to scrap BSF in their area. Many local authorities are considering legal action against the Government after investing huge amounts of money in the scheme. The Government has said that funding will still be available for repairs and refurbishment of schools. However, teaching unions continue to oppose the cuts. Chris Keates, general secretary of NASUWT, has said the Government has “jeopardised the educational future” of many children. With the pressure mounting on Michael Gove, the momentum for legal challenges by local authorities appears to be increasing.

Posted by Mark Blois
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mblois@brownejacobson.com

Academies Act passes into law

Hannah — Thu, 29 Jul 2010 13:44:07 +0000

The Academies Act passed into law earlier this week, paving the way for hundreds of schools to become academies. The government has been criticised for rushing the legislation through Parliament using procedures usually reserved for national emergencies. Christine Blower, general secretary of the NUT, has said, “Whatever people’s views on academies may be, by by-passing the usual democratic process, the legitimate and essential right to debate such an important issue is removed”. However, schools that want to become academies will welcome the swiftness of the legislation, which means that they can proceed quickly to become academies and obtain the freedoms associated with conversion.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

Use of force in the classroom

richardmo — Sun, 25 Jul 2010 21:45:29 +0000

The government has announced that it will clarify the law on the use of force in the classroom. New guidance will explicitly say that teachers can use force to physically remove disruptive pupils from the class or prevent them from leaving the room to maintain discipline. Head teachers will also be given more powers to search pupils, not only for weapons, but also for drugs, alcohol and mobile phones. Teaching unions have broadly welcomed the proposals. However, teachers will only be able to use reasonable force so the decision on whether physical contact is legal will ultimately remain with the courts, potentially still leaving teachers vulnerable to allegations of assault.

Posted by Mark Blois
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mblois@brownejacobson.com

The axe falls on BSF

Hannah — Fri, 16 Jul 2010 15:36:41 +0000

The Education Secretary, Michael Gove, recently announced that hundreds of school rebuilds which have not reached financial close will not go ahead under Building Schools for the Future (BSF).

The Coalition argues that in the current economic climate, whichever party is in government would have to cancel many BSF projects in order to help reduce the national deficit. However, teaching unions are up-in-arms at the decision. Christine Blower, General-Secretary of the NUT, has said “poor learning environments have a negative impact on the education of children and young people”.

Despite imminent cuts in public funding across the board, unions are likely to insist that new school buildings are money well-spent, even in a recession. It will also leave the government open to legal challenges from a raft of local authorities unhappy at the decision to cut BSF funding.

Posted by Mark Blois
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mblois@brownejacobson.com

Education spending may be cut by 25%

Hannah — Tue, 06 Jul 2010 14:15:24 +0000

In the Emergency Budget, the Chancellor, George Osborne, said that education spending could fall by 25% over the next four years.

Whilst the Coalition had promised to protect front line spending on schools for one year, teaching unions are already opposing the ‘back office’ cuts, which they say will still have a detrimental effect on childrens’ education. Furthermore, in light of imminent cuts, it is difficult to see how the Government will make its flagship policies a reality.

It remains to be seen whether the Government will have sufficient funding to pay for all ‘outstanding’ schools to become academies and allow parents and teachers to establish hundreds of their own ‘free schools’.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

ISA scheme review falls short

Hannah — Tue, 15 Jun 2010 14:24:18 +0000

Home Secretary Teresa May today announced that the Independent Safeguarding Authority (ISA) registration process is to be put on hold whilst the scope of the scheme is reviewed.

Whilst the review is a major step, one must question whether it goes far enough. There is little doubt that the registration requirements impacted upon too many people, but the management of the information held by the ISA and its role in barring individuals also requires review. A failure to automatically tell employers when their staff are barred, and an extremely low threshold for when employers are under a legal obligation to refer conduct to the ISA, are of serious concern to employers. If a review of the process is to be undertaken at all, then a full and thorough review of all aspects of the ISA’s role is in order. It is disappointing that the government’s plans do not suggest a more complete review.

Posted by Dai Durbridge
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ddurbridge@brownejacobson.com

Consultation on becoming an academy – better to be safe than sorry?

richardmo — Fri, 11 Jun 2010 13:34:47 +0000

‘Outstanding’ schools who want to become academies may no longer need to consult with the local authority, parents and other stakeholders. The new Academies Bill does would not require schools to consult on becoming an academy. However, schools would still have the option to consult if they wished to do so.

The government appears to hope that removing the requirement to consult will help successful schools to become academies quickly, even by as soon as this September. However, schools which do not consult could run the risk of legal challenges by the local authority or parents who may argue successfully that they had a ‘legitimate expectation’ that the school would seek their views. Despite the duty to consult apparently being lifted, it remains to be seen whether governing bodies will decide that it is safer to consult stakeholders in order to avoid potential delays to becoming an academy as a result of long drawn-out and costly legal challenges.

Posted by Mark Blois
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mblois@brownejacobson.com

Full steam ahead for 'academies revolution'

Hannah — Fri, 04 Jun 2010 15:23:51 +0000

This week, Michael Gove announced that over 1000 schools have expressed interest in becoming academies. The government’s Academies Bill, introduced last week, enables all maintained schools to apply to become academies. It also promises automatic approval of academy status for those schools judged “Outstanding” by Oftsed.

To date, 626 “outstanding” schools have registered their interest in converting to academies. Despite their existing success, they are presumably tempted by the promise of greater independence.
Rapid expansion of the academy population currently looks inevitable and the government has been keen to emphasise the types of freedoms that academies will enjoy, such as the freedom to adapt the National Curriculum and vary the length of the school day. However, governors and the wider school community may still need to be convinced of the benefits of conversion, not least because of its historic association with failing schools.

Posted by Mark Blois
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mblois@brownejacobson.com

‘Outstanding’ schools to have automatic right to become academies

Hannah — Mon, 24 May 2010 11:07:26 +0000

The new government is expected to give all ‘outstanding’ schools the automatic right to become an academy.

Many schools rated highly by Ofsted are already planning to take up the offer quickly, with the first schools due to become academies by this September. Academies are independent of local authorities and can employ their own staff and set their own admissions policy.

For successful schools, these freedoms are likely to be appealing. The policy is also very attractive for the new government in light of reduced public spending. Under Labour, schools gained autonomy by becoming an academy, but the scheme typically included new buildings and capital assets, such as ICT. However, by allowing existing schools to become academies, the government can ensure that many successful head teachers get the independence they say they want without the need for expensive capital investment.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

Stage set for radical school reforms by Conservative Lib-Dem coalition

Hannah — Tue, 18 May 2010 08:26:50 +0000

The new Conservative-Lib Dem coalition issued a joint policy statement on education this week which promises to allow new providers to enter the state school system in response to parental demand. The Lib Dems did not support Tory plans to set up hundreds of new ‘free schools’ in the run-up to the general election. However, it appears that the policy was one of the Conservative Party’s ‘red lines’ and the Lib Dems had to agree to it in order to strike a deal.

With the way paved for radical education reforms, the new government seems determined to lose no time in implementing its flagship ‘free schools’ policy.

Legislation will be introduced later this month to allow all outstanding schools to become academies immediately, and further reforms, such as the pupil premium, are likely to follow apace.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

College mergers – the future of further education?

Hannah — Wed, 05 May 2010 10:17:24 +0000

The accountants KMPG recently reported that 50 general further education colleges are already financially vulnerable, and that a further 50 colleges are likely to find themselves in financial difficulty over the next few years as public funding cuts take effect. With potentially reduced budgets for adult education, including Train to Gain, it has been estimated that nearly a third of colleges may need to merge or restructure over the coming years if they are to survive the recession.

Whilst restructuring can allow colleges to continue, mergers will inevitably mean that more further educational provision is delivered by fewer and bigger colleges. Providers will argue that the future of further education lies with larger, streamlined colleges which provide economies of scale. However, learners may not be convinced of the benefits of bigger colleges and could feel short-changed if their ability to choose from a range of learning providers is dramatically reduced.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

Possible challenge to legality of SATs boycott

Hannah — Mon, 26 Apr 2010 14:04:59 +0000

Head teachers look set to boycott KS2 SATs for 10- and 11-year olds following a ballot by the NUT and NAHT.

Last week, the two unions confirmed that they would take industrial action against the tests, which pupils are due to sit in early May. Mick Brookes, general secretary of the NAHT, has said that KS2 SATs are “misused to compile meaningless league tables which only serve to humiliate and demean children, their teachers and communities.” However, the National Governors’ Association (NGA), has questioned the legality of any boycott. Clare Collins, Chair of the NGA, has said that industrial action “must be related to teachers’ terms and conditions”, but that SATs are “a performance measure, not a matter of their terms and conditions”.

With head teachers and governors seemingly at loggerheads, it seems highly likely that there will be a legal challenge to a SATs boycott, meaning that the courts will have the final say on this issue.

Posted by Mark Blois
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mblois@brownejacobson.com

Schools lose auxiliary aids and services exemption

Browne Jacobson — Mon, 19 Apr 2010 14:53:53 +0000

Last week, the Equality Act passed into law, removing the exemption for schools in relation to the provision of auxiliary aids and services for pupils with a disability. Since 2001, schools have been under a duty to provide reasonable adjustments for pupils with a disability. However, until now schools were not obliged to take reasonable steps to provide extra resources, such as equipment or teaching assistants, which were expected to be provided by local authorities through the statementing regime.

The new duty on schools is certain to impact on their budgets. However, it is unclear what rights of redress schools will have, if any, against local authorities that unreasonably fail to specify auxiliary aids and services in Statements, leaving schools potentially to pick up the tab from what might arguably be inadequate delegated funds. The removal of the exemption for schools means there are interesting times ahead for lawyers and education professionals alike.

Posted by Mark Blois
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mblois@brownejacobson.com

The business of running a school

Browne Jacobson — Tue, 13 Apr 2010 20:53:59 +0000

According to recent reports the first private companies that want to run national chains of schools have applied for accreditation. Businesses including VT Group, Serco and Edison Learning have applied to become Accredited Schools Providers (ASPs) and given their education sector experience they are likely to receive accreditation as ASPs, allowing them to sponsor up to two academies, or support up to two National Challenge Trusts (NCTs). Once their record is established, the companies are likely to apply to become Accredited Schools Groups to allow them to operate larger chains of schools in the future.

Many, including the current government, feel it is inappropriate for profit driven organisations to be running schools. However, profit making in the education sector already exists and if large chains of schools are to represent the future of education businesses like VT Group and SERCO will argue they need the financial incentives to help turn the vision into reality.

Posted by Mark Blois
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mblois@brownejacobson.com

Budget cuts for schools – is collaborative procurement the simple solution?

Browne Jacobson — Tue, 30 Mar 2010 15:23:10 +0000

Last week’s Budget confirmed fears of spending cuts to education. It has been reported that the Treasury will reduce public spending by £39 billion in a bid to try to reduce the level of national debt. Despite the Government promising to protect spending on education, the DCSF has announced that it will be taking a hit on funding. The Department will have to find £1.1 billion of savings and £950 million will come from schools.

The DCSF has said that schools should try to save money through “collaborative procurement” of services such as human resources support, cleaning and catering. The DCSF also wants schools to employ School Business Managers to help reduce operational costs.

Yet costs efficiencies which can be made by streamlining back office functions are limited and savings can take a long time to kick in, meaning it is doubtful whether schools can make the required savings through shared services alone. It seems that even if schools work collaboratively, in order to reduce costs to the extent indicated by the Budget, they may still be forced to make staff cuts and reduce frontline services.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

Labour joins the fray on pupil premium

Browne Jacobson — Fri, 19 Mar 2010 13:51:43 +0000

Ed Balls, the Schools Secretary, threw Labour’s hat into the ring this week by proposing a pupil premium for poorer students. The Conservative Party and the Liberal Democrats have already set out their plans to introduce a pupil premium.

Politicians say that the extra money for students from disadvantaged backgrounds would be used to help improve their attainment. However, there is scepticism over whether the additional funding would help to achieve better results. The Institute of Fiscal Studies has said that a pupil premium would lead to only a “modest” closing of the gap in attainment between rich and poor children.

But the real issue is funding. The government has already warned that school budgets will be getting tighter in the next couple of years. Therefore, whichever party wins power at the General Election, limited funding means that, at this stage, it seems unlikely that the pupil premium will ever make it on to the statute book.

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com