Archive for the ‘Further Education’ Category

State aid modernisation – new draft GBER published for consultation

Thursday, May 9th, 2013

As part of its state aid modernisation drive, the European Commission has published a new consultation draft of the General Block Exemption Regulation (GBER) which runs until 28 June 2013. One of the key aims of reform in this area is to simplify and clarify the existing state aid rules and extend the scope of the GBER to reduce administrative burdens. Given the complexity of state aid law, such aims are clearly laudable.

One interesting feature is a new exemption permitting support for the construction or upgrade of research infrastructures which perform economic activities. This can perhaps be seen as an attempt to mitigate the effects of the recent Leipzig Halle judgment – at any rate, in this economically important sector.

We can expect to see increased investment in this area as central and local government seeks to attract large and small research organisations to assist economic growth. That being so, providing public bodies with the flexibility to support such growth can only be a positive step.

Posted by Alex Kynoch, who specialises in public procurement and local authority law; state aid, projects and complex commercial contracts including PFI.

Alex Kynoch

Alex Kynoch
0115 976 6528
alex.kynoch@brownejacobson.com

Studio schools on the rise?

Thursday, April 11th, 2013

The Government has approved a further 14 studio schools, which are set to open from September 2014 and join the 16 studio schools which are currently open.

Studio schools cater for 14 to 19 year olds and are backed by national and local employers in a bid to equip school leavers with the relevant skill-set which employers demand. The aim is to mix academic studies with work-based training similar to that of University Technical Colleges but with less emphasis on technical training.

Employers and the media repeatedly complain about the dearth of skills amongst school leavers and the cost of the remedial action which is required to correct this. It is too early to say whether the Government has found a solution to these concerns or whether, as critics complain, children are being forced to make unnecessary, career defining decisions at a much too early age.

Posted by Jamie Otter, who specialises in education law advice to schools and academies, including academy projects, governance issues, governor training, collaboration models and partnership structures and school companies.
Jamie Otter

Jamie Otter
0161 300 8038
jotter@brownejacobson.com

Mind the information gap!

Thursday, March 21st, 2013

A survey of 13-16 year olds highlights the need for stronger careers advice in the curriculum to enable a more realistic grasp of the employment market. Lack of careers guidance is leading students to make misinformed decisions on their careers and choosing qualifications with little awareness of the job market.

Legislation places a duty on schools to provide independent and impartial careers advice to pupils and states advice provided to pupils must be considered by the person giving it to be in pupils’ ‘best interests’. If the ‘information gap’ is to be closed, advice should extend beyond standard career paths and jobs which are glamorised by the media, but which offer slim employment prospects.

The report may trigger a push for independent careers advisors engaged by schools to help change the slant of guidance they offer. In today’s climate it is difficult to see how advice which fails to equip students for the realities of the job marketplace would be in their best interests.

Posted by Laura Richards, who specialises in : education law advice to maintained schools, independent schools and colleges, including admissions, SEN, safeguarding, governance, commercial advice on academy, free school and studio school projects.

Laura Richards

Laura Richards
0115 908 4886
lrichards@brownejacobson.com

Tougher targets for academies

Thursday, March 7th, 2013

The Government is raising the floor target for primaries. From next year primaries will need to ensure 65% achieve the expected levels in English and Maths. Those that miss this target face the risk of becoming sponsored academies.

Governors will need to ensure they understand the implications of academy status and the various multi-school options available to provide and receive school to school support. Governors will also need to understand the implications of sponsoring another school as an academy.

A recent survey by Ipsos Mori for Browne Jacobson showed whilst there is appetite amongst schools to embrace collaborative approaches more than half of all recently converted academies lacked the necessary knowledge and could benefit from additional guidance and support before agreeing to sponsor.

The National College has launched an online resource to provide information on the implications and opportunities under the academy programme. It is important that governors make use of this and other sources of support to avoid clambering for support at the last moment.

Posted by Nick MacKenzie, who specialises in education matters and leads the education team on corporate and governance matters. Nick has extensive experience of advising on all types of academy projects, governance issues, governor training, collaborative structures and establishing education companies.

Nick MacKenzie

Nick MacKenzie
0121 237 4564
nmackenzie@brownejacobson.com

Research suggests teachers are best judged by exam results

Monday, March 4th, 2013

The Sutton Trust has published a study which concludes the most effective way of judging teacher performance is through the results of their pupils. This was compared against classroom observation and student surveys.

The study comes shortly after the Government confirmed it would fundamentally change teacher’s pay by scrapping pay rises based on length of service and focussing instead on performance. It concludes combining all three measures provide the most reliable and trusted outcome. However, the study recognises head teachers need to use discretion to consider other factors such as whether a particular class is abnormally disruptive and outside contributions such as management or extra-curricular activities.

Assessing on the basis of results is an objective criteria. This approach means on the face of it, schools may reduce the risk that they would be challenged for not comparing teaching staff on a fair basis when deciding what to pay them. Whether schools want to encourage a culture of assessment by exam result remains to be seen.

Posted by Amy Dowling, who specialises in contentious and non-contentious employment matters including defence at employment tribunals, unfair dismissal, redundancy and discrimination; also drafting contracts, compromise agreements, policies and procedures.

Amy Dowling

Amy Dowling
0207 7337 1002
adowling@brownejacobson.com

Is Pupil Premium being wasted?

Monday, February 11th, 2013

Following Ofsted’s Autumn report into the use of Pupil Premium, the watchdog has announced that many schools are failing to use the funding properly, in some cases the uses are not effective at meeting the intended aims of this reform.

The funding aims to narrow the attainment gap noted between pupils from rich and poor families. Following previous concerns about the use of the extra money received by schools for these pupils, schools have to track and detail the spending of any additional funding to show how it is being used to increase attainment amongst disadvantaged children.

Many schools are showing good practice and Pupil Premium is now seen to be having an impact on attainment. It must be used effectively to ensure that the programme has a future. When school budgets are being reduced, the extra money needs to be carefully used to ensure that the funding has a true impact on the aim to close the attainment gap and allow children to succeed no matter what their background.

Posted by Laura Richards, who specialises in : education law advice to maintained schools, independent schools and colleges, including admissions, SEN, safeguarding, governance, commercial advice on academy, free school and studio school projects.

Laura Richards

Laura Richards
0115 908 4886
lrichards@brownejacobson.com

Priority schools set to roll…

Monday, February 4th, 2013

The wheels of the Priority School Building Programme (PSBP) have been set in motion for schools in the north of England and Coventry as the Department for Education names building firms McAlpine and Wates as contractors under the first wave of multi-million pound capital funded contracts to be awarded.

The PSBP initiative was introduced in July 2011 as the original Building Schools for the Future scheme (BSF) was overhauled for being “too bureaucratic”. It will be centrally procured by the Education Funding Agency (EFA) on behalf of the Department of Education and is set to offer greater value for money.

The contracts, worth about £100m, are set to begin in the Spring. The news offers schools a great sense of relief as hundreds of projects that were originally shelved under BSF begin to take shape. Let’s hope the privately financed projects, which form the bulk of the scheme, will similarly start procurement very soon now that the Government’s revamped PFI model, PF2, has been announced.

Posted by Simon Chappel, who specialises in advising schools, colleges and local authorities on academy conversion matters and more widely advising on project finance, PFI/PPP, complex public sector procurements, social enterprises and mutuals.

Simon Chappel
0115 976 6097
simon.chappel@brownejacobson.com

More A-level concerns

Thursday, January 24th, 2013

A-level concerns have hit the headlines again today. It appears that these issues are high on the Government’s agenda in the educational shake up for a reason. Recent reports have highlighted an issue to be addressed by any new reforms; pupils are leaving schools and colleges without the grades required for many of the UK’s universities or courses. These courses are often seen as the logical, progressive next step for those coming out of A-level study.

This news combined with the increased focus on getting skills and vocational studies higher up the agenda could be the start of the shift in the education sector towards alternative routes to careers. The focus is undoubtedly shifting to preparing young people for their life ahead and workplace skills, rather than preparing then for the next round of exams.

Given this focus it will be interesting to see how the latest concerns are addressed in any reforms.

Posted by Laura Richards, who specialises in : education law advice to maintained schools, independent schools and colleges, including admissions, SEN, safeguarding, governance, commercial advice on academy, free school and studio school projects.

Laura Richards

Laura Richards
0115 908 4886
lrichards@brownejacobson.com

A welcome boost for vocational education

Tuesday, January 22nd, 2013

Vocational education and training is set for a shake up come September 2013. Study Programmes will be offered to 16 to 19 year olds and are aimed at giving young people a balanced programme of education to help them en route to higher education or secure employment.

The Study Programme consists of a core programme of study (vocational or academic) which is combined with maths and English as well as advanced learning or work experience. This is a further contribution to the commitment to young people to help them develop the skills needed to succeed in the job market and raise educational attainment.

Following the recent Prince’s Trust Youth Index this step by the government shows the willingness of providers to help young people achieve their goals by introducing structured support and new ways of providing education and training. They should ensure that appropriate skills and training are provided at the right level to allow the next generation to be self-sufficient and ready for the workplace.

Posted by Laura Richards, who specialises in : education law advice to maintained schools, independent schools and colleges, including admissions, SEN, safeguarding, governance, commercial advice on academy, free school and studio school projects.

Laura Richards

Laura Richards
0115 908 4886
lrichards@brownejacobson.com

Teaching Agency and National College to merge

Thursday, January 17th, 2013

The Teaching Agency and the National College for School Leadership will merge to create a new single body that will take over the remit of teaching and leadership within the education sector by April. Its aim is to deliver reforms in the school workplace in those two focus areas and continue to raise school standards. The body will support the ever expanding self-improving school system and look to tackle underperformance in schools.

These two bodies have worked closely before and this integration of the two remits is likely to further the co-ordinated approach needed to improve our education system and move up the ranks in the global league tables.

Although the merger is welcomed by the sector as a pivotal step forward, it will need to be carefully managed to ensure that the rationale for the new agency is clear and that the necessary elements of the old bodies will be maintained so that the current important work is continued and not compromised under the expanded role.

Posted by Laura Richards, who specialises in : education law advice to maintained schools, independent schools and colleges, including admissions, SEN, safeguarding, governance, commercial advice on academy, free school and studio school projects.

Laura Richards

Laura Richards
0115 908 4886
lrichards@brownejacobson.com

Truancy convictions rising

Tuesday, January 8th, 2013

Ministry of Justice figures show that last year almost 12,000 parents were prosecuted for their children’s truancy of which 25 were given prison sentences. The numbers are around 5% up on the previous year.

The education secretary, Michael Gove, has previously argued that the existing sanctions for truancy are toothless and the government are now considering plans to reduce benefit payments to parents guilty of truancy.

The general secretary of the NUT, Christine Blower, has questioned the effectiveness of prosecuting parents over truancy.

What is not in question is the damage which regular truancy can have on a child’s education and the need to reduce the school days lost to truancy.

Posted by Briege Slattery, specialising in education law advice to schools and academies, in particular, the corporate/commercial aspects of academy conversions and providing advice on collaboration models and partnership structures and setting up trading companies.

Briege Slattery

Briege Slattery
0115 976 6262
briege.slattery@brownejacobson.com

FE Guild to replace LSIS

Wednesday, December 12th, 2012

Confirmation that the Learning and Skills Improvement Service (LSIS) will close by August 2013 has caused concern amongst many that the services they offer will also be withdrawn. Whilst technically accurate, the establishment of the Further Education (FE) Guild will mean there is limited practical impact.

The FE Guild will be a single body responsible for setting professional standards and codes of behaviour, as well as developing qualifications. Proposals for the Guild’s creation have effectively rendered the LSIS redundant, as services such as training, leadership and management traditionally offered by LSIS are expected to fall within the remit of the Guild. Full details of the Guild are not yet known as it is still in consultation, however it is expected to be up and running in time for the LSIS closure.

So for the time being, things will remain the same but who knows what the New Year will bring…

Emma Fox

Emma Fox
0115 934 2003
emma.fox@brownejacobson.com

Autumn statement and the impact on FE

Friday, December 7th, 2012

The Chancellors autumn statement will have two key impacts on FE providers; increased focus on skills and increased capital expenditure, building on Lord Heseltine’s proposals on skills and funding from his report, ‘No stone unturned’.

Local Enterprise Partnerships (LEPs) will receive significant funding to create capacity and develop their strategic plans for the benefit of the local community. LEPs and FE colleges will be encouraged to have representation on each others boards to ensure priorities and plans for growth remain focused. Increased capital investment will be made available for FE colleges to target investment at those institutions which are in need.

These changes are key to help deliver the goal of FE colleges becoming a hub of the local economy and a driver in exerting influence on skills and labour market. When there are still a large number of NEETs this is shaping up to be a step in the right direction which cannot come soon enough given previous cuts and underfunding in the sector.

Posted by Laura Richards, who specialises in : education law advice to maintained schools, independent schools and colleges, including admissions, SEN, safeguarding, governance, commercial advice on academy, free school and studio school projects.

Laura Richards

Laura Richards
0115 908 4886
lrichards@brownejacobson.com

Rise in exam re-marking requests

Monday, December 3rd, 2012

Re-marking requests for GCSE and A Level results have increased by 36% according to recent figures released by Ofqual.

The jump in requests comes on the back of the unresolved GCSE English controversy, which although concerning changes to grade boundaries, rather than marking, sheds further light on the difficulties faced by the current exam system in obtaining a fair and consistent approach to grading.

Ofqual, who are currently conducting a programme of work looking into the area of exam board practices, defended the figures, stating that they should be read in the light of the total of exams sat. In all, 98% of exams sat were not subject to review.

However, the figures have the potential to further increase the pressure on those trying to rebuild trust in a system which was described by the leader of the Association of School and College Leaders as being at an “all time low” to reform the current system.

Posted by Dai Durbridge, who specialises in advising schools, academies and other education providers on all pastoral matters. Recognised leader in safeguarding law, with a specific interest in the vetting and barring scheme; also defends claims made against education, and social care providers.

Dai Durbridge

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

UK culture of education reaping rewards on the global scene

Wednesday, November 28th, 2012

The recent global legal table for education systems places the UK sixth in the rankings. The rankings are compiled based on a number of criteria and have put the UK on a stronger position than was widely expected.

The global comparisons are significant and provide a different view on the education system and will be used as a basis to help understand more about education systems and what really works in the global market.

It would appear that those countries which have come out on top place a lot of emphasis on developing the importance of education and in particular the teaching staff. There is still a way to go in pushing the UK up the rankings but increased autonomy and choice of school structures will continue to drive up standards.

Posted by Laura Richards, who specialises in : education law advice to maintained schools, independent schools and colleges, including admissions, SEN, safeguarding, governance, commercial advice on academy, free school and studio school projects.

Laura Richards

Laura Richards
0115 908 4886
lrichards@brownejacobson.com

Inspiring the next generation

Tuesday, November 27th, 2012

The importance of skills and matching them to the requirements of the workplace, alongside tailored careers advice is high on the national further education agenda. The Skills Show in Birmingham brought these two aspects together on an inspiring day for young people.

The variety of career paths and routes into careers are opening up to young people, so it is important that the advice and guidance these young people get is right. It needs to ensure that young people are given all the information available about all different careers both vocational and academic.

Despite a drop in NEETs (young people not in education, employment or training) the number still remains high and dealing with the above issues is key to tackling this. Not only will it ensure that young people are skilled but will also help long term economic development of local communities.

Posted by Laura Richards, who specialises in : education law advice to maintained schools, independent schools and colleges, including admissions, SEN, safeguarding, governance, commercial advice on academy, free school and studio school projects.

Laura Richards

Laura Richards
0115 908 4886
lrichards@brownejacobson.com

Tough new test standards expected to protect integrity

Monday, November 26th, 2012

At a time when the exam system in the UK is already under considerable scrutiny, it looks set for another bump on the road to recovery.

The exams regulator Ofqual has warned that tough new guidelines will be enforced around the use of exam seminars aimed at preparing teachers. The rules will aim to stop any abuse of the current system, with claims that teachers are being guided on the questions to expect and the wording being looked for in the answers pupils give. The outcome of these allegations is that the training sessions will be banned and that only certain exam related events will be permitted and even those will be recorded.

Integrity and transparency of the exam system is key to ensuring that the attainment of pupils is fairly reflected and that there is confidence in the results.

Posted by Laura Richards, who specialises in : education law advice to maintained schools, independent schools and colleges, including admissions, SEN, safeguarding, governance, commercial advice on academy, free school and studio school projects.

Laura Richards

Laura Richards
0115 908 4886
lrichards@brownejacobson.com

Teaching of Christianity ‘lacks intellectual development’

Monday, November 26th, 2012

Dr Nigel Fancourt of Oxford University said that Religious Education (RE) lessons can lack “intellectual development”. Comments came as Oxford’s department of Education launched a new project aimed at supporting teachers in the presentation of Britain’s principal religion in RE lessons.

The project is to help schools teach the faith in a more rigorous way.

RE is currently compulsory in state schools for pupils aged 5 to 16, though large numbers of schools are shunning the subject because it is not included in the new “English Baccalaureate”. Under the plan, a series of online materials will be made available free of charge to primary school teachers and non specialist staff in secondary education from September 2013.

More than 60% of our schools are of Christian Faith denomination, the step towards good training are key to improving the teaching of all aspects of RE. This initiative is likely to be welcomed by Christian faith Schools, as currently there is almost a total withdrawal of government support for RE.

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Posted by Sally Saleem who specialises in education law, and has experience of BSF, PFI & EU Public Procurement. Currently advising not-for-profit clients, mainly Schools on academy conversions, exclusions & admissions.

Sally Saleem
020 7337 1505
sally.saleem@brownejacobson.com

More money for year 7 pupils below level 4 at KS2

Tuesday, November 13th, 2012

DfE have announced that in January 2013 schools will receive an additional premium of £500 for each Year 7 (Y7) pupil who has not achieved at least level 4 in reading and/or maths at Key Stage (KS) 2. The premium will be available to all state-funded schools with a Y7 including academies, PRUs, special schools and Middle schools which have both KS2 and KS3 pupils.

The money will be used by schools to deliver additional tuition or intensive support in small groups, giving pupils valuable support to bring them up to speed so that they are more likely to succeed at secondary school.

Funding is committed until 2015 and will not be ring-fenced. This shows the Government’s commitment recognising that pupils from these groups should benefit from this additional literacy and numeracy support, as much as any other. School leaders, including governing bodies need to ensure that funding is not simply absorbed into mainstream budgets, but instead is carefully targeted at the designated children.

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Posted by Sally Saleem who specialises in education law, and has experience of BSF, PFI & EU Public Procurement. Currently advising not-for-profit clients, mainly Schools on academy conversions, exclusions & admissions.

Sally Saleem
020 7337 1505
sally.saleem@brownejacobson.com

Will new school buildings really be all-inclusive?

Monday, November 5th, 2012

Campaign group, The Alliance for Inclusive Education (ALLFIE) has issued a damning critique of the Government’s Priority Schools Building Programme saying that pupils with disabilities could be put at risk by building specifications and template designs included as part of the programme.

ALLFIE argues that Government attempts to slash building costs by requiring reductions in the size of school buildings could hinder physically impaired children from accessing and circulating freely within new school premises.

It is claimed that the Royal Institution of British Architects (RIBA) also shares the same concerns.

Whilst the Government maintains that the programme complies with building regulations specific to disability and meets the duties set out under the Equalities Act, until the relevant professional bodies and campaign groups are persuaded that this is the case, a degree of scepticism may remain over the Government’s commitment to inclusive education.

Posted by Simon Chappel, who specialises in advising schools, colleges and local authorities on academy conversion matters and more widely advising on project finance, PFI/PPP, complex public sector procurements, social enterprises and mutuals.

Simon Chappel
0115 976 6097
simon.chappel@brownejacobson.com