Archive for the ‘Education’ Category

Parent Power

Wednesday, February 24th, 2010

The Government has announced plans to allow parents to vote to change a school’s leadership where there is significant dissatisfaction locally. In line with Labour’s Accredited Schools Group/Provider initiative, parents would be able to choose from a list of accredited organisations to take over running the school. Gordon Brown promised parents “a strong voice and real power”.

Comparisons with the Conservative’s education policy – they want to make it easier for parents to set up new schools – will no doubt be rife. Ed Balls himself was quick to argue that while the Tory policy requires “busy working parents” to set up their own schools if they are not happy with their local state school, the Government’s proposals enable parents to “demand change and get a new and quality-guaranteed provider”.

It seems to be becoming rather trendy for political parties to drop the “P” word into their education manifestos. It will be interesting to see whether this dedication to parent power will run out of steam following the General Election.

Mark Blois

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Sex Education – has the Government let faith schools off the hook?

Friday, February 19th, 2010

A change to the Children Schools and Families Bill has led to accusations that the Government has departed from its commitment to giving all children the right to quality sex and relationship education.

From 2011, schools will be required to teach pupils from the age of 7 about relationships, including same sex relationships, as part of Personal, Social, Health and Economic (PSHE) education. However, the recent amendment will allow faith schools to teach PSHE in a way that reflects the school’s religious character.

The DCSF argues that this is not an opt-out provision for faith schools but secular groups are adamant that the change will encourage discriminatory teachings. The British Humanist Association said “the amendment effectively gives licence to faith schools to teach sex and relationships education in ways that are homophobic and gender discriminatory”.

Should schools’ rights to promote the values of their faith in lessons override children’s rights to receive balanced information on any subject from an early age?

Mark Blois

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A new phase for international students

Monday, February 1st, 2010

In March 2009, the government over-hauled the way students from outside the EEA and Switzerland gain entry to study in the UK.  Further to our article in Issue 9 of Education Update, Tier 4 management system: are partnership agreements the answer? the Home Office have announced that phase 4 of this new schemewill go live on the 22nd February. 

Once the fourth phase commences, visa letters will be obsolete and schools who sponsor international students will have to use the sponsorship management system to issue confirmation of acceptance to study.

The new streamlined scheme aims to stop fraudulent applications by students and institutions – with the fees from international students generating £2.5 billion a year there has been huge scope for abuse. 

With much emphasis placed on partnership working in the education sector should schools collaborate and share the administrative burden by joining forces?  This will mean students only need one visa and school will share the administration and costs.  On the other hand, it may lead to issues if one institution omits to fulfil their obligations or fails in their duties meaning both institutions would be held accountable given the singular nature of the application. 

Time will tell whether or not this more onerous system to tighten security will force schools to collaborate given the inevitable issues the scheme will throw their way.

Mark Blois

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mblois@brownejacobson.com

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Independent schools abandon the modular system – is the state-private gap widening?

Friday, January 15th, 2010

A recent survey suggests that independent schools are returning to traditional A-levels as opposed to the modular, AS system. Students will only sit exams at the end of the 2 year course with no exams in the interim. This move reflects the trend at GCSE level where, last year, more independent schools adopted the International GCSE (iGCSE) curriculum, which they deem more rigorous.

But are independent schools customising their curriculum to ensure a higher return for exam-savvy students? Currently, the government does not fund the iGCSEs in state schools as they do not match the national curriculum. This failure to recognise the qualification skews league tables and will undoubtedly lead to university entry confusion.

With the potential for the two-tiered system to become even more pronounced, should independent schools be reined in, or should the government become more flexible?

Mark Blois

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Ofsted slammed by MPs

Friday, January 8th, 2010

Ofsted now oversees early years settings, colleges, children’s services and social care, as well as schools. In a new report the Commons schools select committee has attacked the breadth of Ofsted’s responsibilities and their overreliance on exam results when assessing schools.

Criticism has also been targeted at the “relentless pace of reform” that Ofsted is overseeing; saying that schools feel “coerced and constrained”. The select committee has urged Ministers to give schools and LAs a period of stability. The committee is supported by the Association of School and College Leaders General Secretary, Dr John Dunford, who commented that the obsession with accountability has led to a sense there is a crisis in the schools system.

With a general election campaign about to begin, is there really any likelihood of a period of stability?

Mark Blois

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mblois@brownejacobson.com

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Ethnicity vs. religion – JFS loses admissions battle

Thursday, December 17th, 2009

The Supreme Court has found that the Jewish Free School racially discriminated against an applicant when it refused a place to a pupil who it did not consider to be ethnically Jewish. The school refused the boy admission even though he regularly attended a synagogue because the boy’s mother had become Jewish by conversion with a Progressive synagogue. The Office of the Chief Rabbi (OCR) rules stipulate that only conversions with an Orthodox synagogue are recognised.

The court found that the school’s admissions policy in this way amounted to direct race discrimination under the 1976 Race Relations Act and that the OCR rules implied a reference to ethnic origin prohibited under the Act.

This ruling clearly spells the end for admissions policies based on OCR criteria. However, it also has the potential to impact on aspects of admissions policies in other faith schools. What remains to be seen is whether this judgment will have any application outside of faiths where there is close interrelationship between faith and ethnicity such as is found in Judaism.

Mark Blois

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ISA report revises rules and reins in its scope

Tuesday, December 15th, 2009

Following a request from the Government to review the degree of contact with children which should trigger the requirement to register with the Independent Safeguarding Authority (ISA), the Chair of the ISA, Sir Roger Singleton, released his report, Drawing the Line yesterday.

To those who have been critical of the scope of the vetting and barring scheme, it will come as some surprise that the scheme has been relaxed – removing the need for an estimated 2m people to register. Is this a decision made with the best interests of children in mind, or is it a politically motivated decision designed to make the highly criticised ISA appear more workable?

Mark Blois

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mblois@brownejacobson.com

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Are the new ISA rules "disproportionate to risk"?

Friday, December 11th, 2009

Seven main representative organisations for schools and college leaders have written to Ed Balls requesting changes to the vetting and barring scheme stating the new rules are ‘bureaucratic and will not guarantee safety’. This is not the first time government has been criticised over the scheme, leading to it considering the complaints in a recent review.

The signatories claim that the requirement for volunteers to register with the ISA mean there will be a reduction in the support from parents and student helpers in schools, help that Head, Julie Robinson, vice-chairman of the Independent Association of Prep Schools, says is genuinely needed.

With the review out imminently it will be interesting to see how the DCSF and the ISA reacts having been on the receiving end of such broad and public criticism. There is no doubt the system needed an over-haul but has the pendulum swung too far and now risks deterring genuine volunteers?

Mark Blois

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mblois@brownejacobson.com

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Balls warns that budget cuts will force further federations

Monday, November 30th, 2009

The Schools Secretary said he will not instruct schools on how to manage their budgets but has warned they have hard choices ahead if they are to protect the frontline from the imminent financial squeeze. Ed Balls has said that if schools want to keep the 160,000 extra teaching staff proposed they need to consider cost-saving measures now.

The timely release of the DCSF consultation document ‘Securing Our Future – Using Our Resources Well‘ starts the debate on how schools should consider making these cuts. But with Ed Balls giving clear signals to schools that federating is a cost-effective method that will safeguard the new teaching posts, it seems he is in fact giving the instructions he denies.

Federations can certainly save money through shared staff, but successful federations arise out of successful collaborations and are not forged from budgetary concerns alone. Will schools taking alternative measures be deemed to have insufficient regard for their budgets?

Mark Blois

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Fraudulent school admissions – progress or not?

Friday, November 6th, 2009

Tougher action against the thousands of parents who lie to get their children into popular schools was demanded by the Chief Schools Adjudicator, Ian Craig, in his report on fraudulent or misleading applications to schools. He recommended that parents who are found to have won a place by deception should not have priority over other children if and when they have younger children applying to the school. The inquiry also says that “additional sanctions” are needed, “probably through the courts”, suggesting parents could face criminal proceedings.

A survey of 123 authorities found that two-fifths stated that current sanctions are not enough, is it not simply a matter of time before both Ed Balls and Ian Craig are forced to impose tougher penalties for lying parents?

Mark Blois

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Schools delay of hammer attack inquiry was unacceptable, say the courts – what knock on effect will this have?

Friday, October 23rd, 2009

Insurers advised the Ridgeway School in Wroughton against co-operating with Swindon Local Safeguarding Children Board in carrying out a serious case review into the attack on student Henry Webster in 2007.  Their reasoning? They thought it would effect their liability.

The judge said the purpose of statutory case reviews was to learn serious lessons to prevent similar incidents – the review was eventually completed but some months after the attack and was found to be unsatisfactory.  The judge has today ordered it be carried out again.

Schools have to weigh up their obligations to both insurers and the safeguarding board because they must balance any potential liability in a negligence claim against their pervasive safeguarding obligations.  It begs the question, how should schools react when their insurers start ‘advising’ how and when investigations should be carried out?

Mark Blois

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Formal lessons to start at 6 – progress or counter-productive?

Friday, October 16th, 2009

A review of primary education announced today that there is no evidence that children who start formal education before the age of 5 gain any advantage over their peers. The study suggested it can actually do some harm.

The Cambridge Primary Review proposes extending the Early Years Foundation Stage past the age of 5 bringing English children in line with many European countries, where standards are often higher. The review stops short of stating compulsory schooling should start at 6, but does open up the debate on the subject.

Vernon Coaker said the government is already reforming primary education and so feels that delaying the starting age would be counter-productive.

Mark Blois

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Failing schools 'to be Academies'

Friday, October 9th, 2009

Mr Gove, Shadow Schools Secretary, stated yesterday he does not wish ‘another generation of our poorest children to have their future blighted by failing schools’. Interestingly, the Tories believe their plan of focusing on less failing schools is the way the next generation will benefit.

By concentrating on the worst performing schools – a mere 56 as opposed to Labour’s National Challenge Scheme which currently includes 270 schools – Mr Gove plans to draft in heads who are familiar with turning schools round. Further to this, he wants the most outstanding institutions to be exempt from Ofsted inspection in order that underperforming schools can be targeted.

The question, with which we are left, is what will happen to those schools that are neither failing nor excelling?

Mark Blois

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BNP teacher ban 'to be examined'

Thursday, October 1st, 2009

Ed Balls has asked Maurice Smith, the former chief inspector of schools, to review provisions designed to prevent racism in schools.

Mr Smith’s report will examine existing safeguards and, controversially, consider whether association with organisations that promote racism should be grounds for barring someone from teaching. Teacher’s union NASUWT backed the commitment “to keep racism and BNP activity out of schools”. Whilst many people will support a zero tolerance approach to racism, is there not a risk of promoting sympathy for BNP members?

It will be interesting to see whether the report’s recommendations are radical enough to suggest an automatic bar.

Mark Blois

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Information sharing costs dinner lady her job

Friday, September 25th, 2009

It has been reported this week that a dinner lady was dismissed because she told the parents of a 7-year-old girl that she had seen their daughter being bullied. The school are reported to have told the parents that an “incident” had occurred, whereas the dinner lady informed them that she witnessed boys tying up their daughter and whipping her. The school has said it was a breach of confidentiality and dismissed the dinner lady.

Was it a breach of confidentiality, or is this an example of the confusion and fear some schools feel when faced with information sharing?

Mark Blois

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Call to change anti-bullying law

Monday, September 21st, 2009

This weekend, the BBC reported on a bid by education lawyers to strengthen anti-bullying laws. There has been particular focus placed on the bullying of children with special needs, as per the ad campaign on TV. Vernon Coaker, the Schools Minister, referred to a bill in Parliament at present that further addresses these issues.

There are many ways in which bullying can be addressed and resolved at school internally. An independent adjudicator, as is being proposed, would only serve to create more paperwork, cost more money and ultimately lead to more confusion – as would parents accessing the LA ombudsman. This, in light of Ed Balls’ announcement that he is cutting £2bn worth of education spending, is somewhat conflicting. NAHT say that this move only adds to the already present ‘hyper-sensitivity’ surrounding parents holding teachers to account.

Though bullying is a serious and very sad issue, could the volume of guidance out there merely be creating an abundance of over-lapping law and regulations?

Mark Blois

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Government having second thoughts?

Tuesday, September 15th, 2009

Is the Government having second thoughts about its Vetting and Barring scheme? The scheme hit the headlines last week prompting heavy criticism that the law surrounding the scheme was unclear and the measures disproportionate.

Sir Roger Singleton, chair of the Independent Safeguarding Authority, has now been asked to review the vetting system. Ed Balls has emphasised the need to define what is meant by “frequent or intensive” contact and Sir Roger has acknowledged the “legitimate concerns” expressed by the likes of children’s authors who would be required to register with the ISA before visiting schools.

While the Government insists that it is not abandoning the scheme completely, will the scheme in its original form be recognisable once Sir Roger has taken this opportunity to make it “more straightforward”?

Mark Blois

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Parents face further checks

Friday, September 11th, 2009

From October 2009 it will be a criminal offence for parents who regularly drive children for sports clubs or other children’s clubs to do so unless they are registered with the Independent Safeguarding Authority (ISA). This means those parents will have to undergo a criminal record bureau check (CRB) before they can help.

I am a supporter of the ISA scheme and the wide ranging improvements recommended by Sir Michael Bichard, but is this really what he had in mind when he talked in his report about vetting those that worked with children? Surely a line has to be drawn between those who are working/volunteering with children and those that simply ensure that important, social and sporting clubs and events continue to run?

Will parents be willing to undergo these checks and if not, will clubs fold?

Mark Blois

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mblois@brownejacobson.com

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