Posts Tagged ‘Education’
Thursday, January 12th, 2012
We’ve seen a lot of publicity recently about the Government’s intention to make the adoption process easier and faster, but for the most part the focus has been on placing babies and young children.
This week brings news that the needs of older children are being forgotten and that it is a concern that deserves to be taken seriously.
Since 1999 it has be possible for children to bring claims against local authorities for failing to secure appropriate arrangements which are in Looked After Children’s short and long term best interests. Failure to do so could be the subject of long, expensive and protracted litigation – something which we are seeing a lot more of.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Rating: 9.3/10 (3 votes cast)
Tags: adoption, adoption system, childrens social care, Education, fostercare, local authority children's services, Social Care
Posted in Education, Litigation, Public Sector, Social Care | No Comments »
Wednesday, January 4th, 2012
Covering over 22,000 schools across England, Ofsted launched a new online questionnaire, ‘Parent View’, in October 2011. The scheme was launched to provide parents with a voice and greater insight as they make choices about their child’s education on areas such as quality of teaching, bullying, behaviour and levels of homework.
The aim is that the anonymous system will provide Ofsted with information about schools that will help inform their priorities for inspection. Over 9,300 parents have completed the questionnaire since its launch. Initial analysis shows just under a third of families with children at the schools where results had been analysed said they would not make recommendations about their children’s school to other parents.
Parents often go by word of mouth when making important decisions about their child’s education, so this questionnaire provides a crucial portal for them to base their decisions. However, there is a danger that the anonymous system could be abused with schools being targeted unfairly, resulting in misleading results.
Laura Richards
0115 908 4886
lrichards@brownejacobson.com
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Tags: bullying, child education, Education, Ofsted, parent view
Posted in Education | No Comments »
Thursday, December 22nd, 2011
The DfE has published a consultation on the revised statutory guidance and regulations for school exclusions. They are inviting views on its revised guidance for exclusions from schools and pupil referral units and also the draft School Discipline Regulations 2012. The consultation closes on 17 February 2012, so now is the time to review the draft and add your comments.
There are some interesting changes proposed. The main themes are the way permanent exclusions are challenged, the introduction of independent review panels, time limits on decision making and the ability for a special educational needs expert to attend an IRP. The government’s drive to reduce red tape and slim-down guidance is clear to see in this consultation – 35 pages of new guidance compared to the 80 pages in the 2008 version. We all want short, concise guidance, but we all want it to do the job too. Let’s hope size has not prevailed over quality.
Posted by Dai Durbridge, who specialises safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.
Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: Department for Education, draft school discipline regulations 2012, Education, education act 2011, IRP, school exclusions, special educational needs, statutory guidance
Posted in Education | No Comments »
Tuesday, December 20th, 2011
The government has announced that changes to the curriculum in English, science, maths and I.T. have been pushed back a year – to autumn 2014. The reason is to allow more time for interested parties to give their views so that a “genuinely word-class education system” can be created.
Critics have pointed out that as more and more schools convert to academies the proposed changes may be pointless since academies have freedom over their curriculum.
There are currently 1,463 academies open (the majority of which are secondaries) and hundreds more academy conversions are in the pipeline. In addition, the government has made it clear that poorly performing schools will be forced to partner-up with outstanding schools and become academies.
If the pace of conversions keeps up, the number of schools affected by the change in curriculum will be few and far between. The government hopes academies will voluntarily adopt the changes come 2014, but will not be able to guarantee this will be the case.
Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com
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Tags: academies, academy conversions, curriculum changes, Education, government, outstanding schools
Posted in Education | No Comments »
Friday, December 16th, 2011
The need to reduce bureaucracy in further education has been highlighted in a recent National Audit Office (NAO). The NAO estimates colleges spend around £180m annually on administering funding, qualification and assurance systems.
However the report has come under fire from the Skills Funding Agency for failing to “distinguish between administrative requirements essential for good stewardship of public money and those that may be unnecessary.
The Government recognises the need to reduce red tape. Earlier in the year it launched three consultation papers seeking views on how best to simplify the system, but with no specific plan on how to get there.
This issue is high on the agenda, particularly in light of the financial concerns of some colleges. However, until we know the true cost of administrative burdens, the 25% reduction in costs suggested by the NAO is purely speculative. We will await the outcome of the Government’s fast track investigation.
Whatever the outcome, the quality of college courses should not diminish.
Posted by Richard Cox, who specialises in corporate transactions and advises colleges on numerous matters including joint ventures and partnerships, college mergers and funding disputes.
Richard Cox
0115 976 6135
rcox@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: colleges, Education, funding systems, national audit office, skills funding agency
Posted in Education, Further Education | No Comments »
Thursday, December 15th, 2011
A government commissioned independent review has suggested the introduction of a new “Master Teaching Standard” for more experienced staff. This would see the current system of rewards and standards replaced with a single “Master Teacher Standard”.
A clear set of minimum standards would be set out which would highlight any teachers that are underperforming. To attain the new “Master Teacher” grade, teachers would have to meet five new standards that require high performing teachers to have wide-ranging knowledge of their specialism, command of the classroom, excellent planning and organisational skills, amongst others.
The aim of these prospective changes is to improve teaching standards in schools to attract the very best teachers to the profession, with promotions and pay benefits. This proposal has divided opinions, especially the potential alienation of primary teachers where a specialist subject is required. The government will now consider how the suggestions may be implemented.
Laura Richards
0115 908 4886
lrichards@brownejacobson.com
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Tags: Department for Education, Education, master teaching standard, primary education, teachers, teaching standards
Posted in Education | No Comments »
Thursday, December 15th, 2011
Pupil premium is set to increase by £112 per pupil-rising from £488 to £600. Further, at present, the Pupil premium only applies to children who currently receive Free School Meals (FSM). This will be extended to anyone who has been registered for FSM in the past six years. An additional half a million disadvantaged children are set to benefit from these changes.
The Pupil premium targets inequality by ensuring pupils from disadvantaged backgrounds, are on an equal footing to pupils from less deprived families. Research shows children eligible for FSM have consistently lower education achievement in comparison to pupils who have never been entitled to this support. Schools will be held accountable for how they use the PP and will be expected to show how the use of this scheme has impacted on school achievement.
Laura Richards
0115 908 4886
lrichards@brownejacobson.com
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Tags: child poverty, Department for Education, disadvantaged children, Education, Free school meals, FSM, pupil premium
Posted in Education | No Comments »
Wednesday, November 30th, 2011
The case of Essex CC v Williams [2011] examined whether or not those over the age of 19 met the criteria under the Education Act 1996 to receive a Statement of SEN.
The Court of appeal has now released its judgement setting out that those over the age of 19 could not be considered a “child” under the Education Act 1996. This will mean that authorities do not have to maintain Statements of SEN past that age.
The court said that for most people it would be absurd to refer to a young adult of 20 years or more as a ‘child’ and that they would not extend the specific definition of child as set out in the Act.
Extending this provision would have far reaching budgetary implications, as well as raising safeguarding concerns around teaching adults alongside children. It looks like there will be a further appeal, which we will again follow with interest.
Laura Richards
0115 908 4886
lrichards@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: Education, education act, local authorities, safeguarding, SEN statements
Posted in Education, Local Authorities, Public Sector | No Comments »
Tuesday, November 29th, 2011
Chancellor George Osborne has announced a new funding package for education, which includes an extra £600 million to create 40,000 school places over the next three years in local authorities with the greatest demographic pressures. The package also includes £600 million for 100 new free schools, which will be opened as academies by groups of parents, teachers, charities, businesses, universities, trusts, religious or voluntary groups.
The government hopes that the free schools (which will include specialist maths schools for 16-18 year olds) will help produce the next generation of engineering and science graduates needed for long term economic prosperity.
The academy programme continues to storm ahead with 1,419 academies open in England to date and hundreds more in the pipeline. With the extra funding announced and the Chancellor’s undiluted praise for Mr Gove it is safe to say that the academy programme will not be slowing any time soon.
Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com
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Tags: academies, Education, free schools, funding for education, George Osborne, local authorities
Posted in Education, Local Authorities | No Comments »
Thursday, November 24th, 2011
Later today the Government is expected to publish its Child Sexual Exploitation Action Plan. The Government’s aim is to bring together the police, CPS, local safeguarding children boards, agencies, independent bodies and the voluntary sector in order to tackle this problem.
Emphasis is to be put on protecting children in care who are four times more likely to be victims of abuse. In order to do this councils will be asked to work together to prevent the trafficking of children within the UK.
These proposals will involve greater information sharing between different organisations and between different Councils. With current concerns regarding data security organisations will need to develop robust policies on what information to share and under what circumstances. These policies will need to strike a careful balance between ensuring that information is kept safe and secure but also that all relevant organisations have the information required to fully address potential exploitation and trafficking.
Kate Bear
0115 976 6104
kbear@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: child abuse, child protection, childrens social care, CPS, Education, local safeguarding childrens' boards, sex offences on children, sexual exploitation, sexualisation of children, Social Care
Posted in Education, Social Care | No Comments »
Wednesday, November 23rd, 2011
After much debate the Government have today announced proposals and further consultations affecting many areas of employment law. The key areas are:
- Unfair dismissal qualifying period will increase to two years.
- It will be compulsory for all claims to be lodged with ACAS prior to the Tribunal so that a conciliated resolution can be attempted.
- Employment judges will have discretion to impose financial penalties on employers who breach employee’s rights.
There will also be a fundamental review of the employment tribunal rules of procedure led by the President of the Employment Appeal Tribunal.
In his speech announcing these plans, Vince Cable was clear that the reforms were intended to stop employment law being a barrier to employers growing their business. Tribunals should be a last resort for resolving workplace problems. Whether the proposals will have the desired effect remains to be seen.
Posted by Heather Bragg, who specialises in contentious and non-contentious employment matters including; contractual issues, unfair dismissal, redundancy and all areas of discrimination.
Heather Bragg
0115 976 6553
hbragg@brownejacobson.com
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Tags: ACAS, Education, employment, employment appeal tribunal, employment law, employment tribunals, further education, Retail
Posted in Education, Employment, Further Education, Retail | No Comments »
Monday, November 21st, 2011
A report from the Institute of Fiscal Studies (IFS) says that though plans to implement a single national funding formula for schools will create winners and losers, the system needs to be more consistent, transparent and responsive. The IFS acknowledges that at present “formulae can be myriad and complex: different local authorities take into account different factors and fund particular types of schools differently”.
The formula must be carefully thought out, with a fair adjustment of secondary to primary school funding, recognition that current deprivation funding (i.e. the pupil premium) is geared strongly towards secondary schools and recognise that some of the most deprived parts of the country ought to receive extra funds.
IFS asserts that any transitional period of less than a decade will involve significant, sustained losses for some schools. With the coalition’s reputation for rapid change in the education system it will be interesting to see whether they follow the IFS’s recommendations on the transitional period.
Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: coalition government, coalition reform of education funding, Education, government, ifs, institute of fiscal studies, school funding, schools
Posted in Education, Government bodies | No Comments »
Thursday, November 10th, 2011
The doctrine of vicarious liability establishes that an employer is liable for the acts or omissions of its employees. It was founded on a two stage test: (1) is the relationship (normally one of employment) one to which the principles will apply; and (2) whether the act or omission was within the scope of employment.
Case law has chipped away at the doctrine, ever widening the relationships that now seem to give rise to vicarious liability. Mr Justice MacDuff’s judgment in JGE yesterday was no exception. It widened the first stage further to include a situation whereby the key elements of “employment” did not figure.
Although Mr Justice MacDuff said that the doctrine is not “infinity extendable”, previous judges made the same point before adding one more little extension. Mr Justice MacDuff’s judgment was no different. So where does that leave us? Potentially analogous facts to those relevant in this case are easy to imagine; the relationship between foster carers and local authority springs to mind. Mr Justice MacDuff’s judgment by no means opens the door for such claims, but he may well be offering a key to a previously locked door.
Posted by Ceri-Sian Williams, who specialises in defending claims brought against social services
Ceri-Sian Williams
0115 976 6563
cwilliams@brownejacobson.com
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Tags: case law, Education, employers liability, fostercare, JGE, local authorities, Social Care, vicarious liability
Posted in Education, Social Care | No Comments »
Wednesday, October 26th, 2011
A father of a child with Down’s Syndrome is challenging a local authority’s (LA) decision to cease funding his 22 year old daughter’s education. He wants her education to continue until she is 25.
This case will hopefully clarify LA obligations around when they can lawfully cease to maintain a statement of SEN. Current guidance recommends LAs maintain statements until the age of 19. Yet the proportion of children and young adults with Down’s Syndrome staying longer in schools continues to increase. If the Court of Appeal decides that a LA should educate a pupil with SEN until they reach 25, it will force LAs to carefully examine the provision for these individuals alongside younger students, both practically (e.g. safeguarding) and financially.
The outcome of this case is awaited by many interested parties. However, the Court of Appeal have rightly reserved judgement to a later date. This case will require careful scrutiny and a sound grasp of the wide-ranging consequences on all those affected by the decision.
Laura Richards
0115 908 4886
lrichards@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: child education, downs syndrome, Education, education authorities, education rights, local authorities, sen
Posted in Education, Public Sector | No Comments »
Thursday, October 20th, 2011
A recent landmark ruling in the Upper Tribunal between the Independent Schools Council (ISC) and the Charity Commission is likely to see wide-ranging implications for fee paying schools. The tribunal determined that the commission’s guidance was ambiguous and, in places, wrong in law and would need to be re-written.
The decision clarified that independent schools have to demonstrate a wider public benefit and it is the responsibility of the trustees to decide how to satisfy that test. This will allow trustees to be innovative and creative with their charitable provision rather than being constrained by calculations of bursaries. Interestingly, the sponsorship of academies (or indeed creation of a free school) was one route which an independent school could take to further demonstrate satisfaction of the public benefit test. Given that “free schools” were mentioned in the original charity legislation in 1601, it would appear that charity law has come home!
Laura Richards
0115 908 4886
lrichards@brownejacobson.com
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Rating: 8.0/10 (1 vote cast)
Tags: academies, charity commission, Education, fee paying schools, free schools, independant schools, independant schools council, upper tribunal
Posted in Education | No Comments »
Tuesday, October 11th, 2011
Michael Gove has announced his approval for 13 University Technical Colleges (UTCs) and around 55 free schools (which can be set up by parents, community groups or other organisations) to open from September 2012 onwards.
Pupils who choose to opt out of mainstream schools at 14 can enrol at UTCs, (which are sponsored by local universities and employers), where they will be taught specialist subjects such as engineering, manufacturing and construction. Silverstone plan to follow in the footsteps of JCB (whose UTC opened in Staffordshire last year) and open a UTC, teaching mechanics, engineering, and event management.
Critics argue that UTCs will mean pupils specialise at too early a stage in their school career. But for those disengaged pupils in mainstream education and/or those with a passion for these specialist subjects, enrolling at a UCT could be their lifeline. Looking ahead, these specialist skills could give a much-needed boost to the British economy, be an alternative to the university route and open more doors for young people upon leaving education – watch this space.
Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: browne jacobson, Education, free schools, Hayley Roberts, mainstream education, mainstream school, schools, secondary education, technical college, University technical colleges, UTCs
Posted in Education | No Comments »
Monday, October 10th, 2011
According to the government, more than 1.2 million pupils are now in education in academies. The 1000th academy to choose academy status has just opened and joins more than 1,300 academies that are already in operation across the country. The pace of change seems to be surpassing even the Department for Education’s expectations.
This week the government also announced its plans for stepping up funding into setting up free schools in areas where there are shortages of pupil places.
Pupils in the new models of educational establishments are able to benefit from greater freedoms, the ability to innovate and to raise standards. Ministers hope that the range of schools available now to parents, such as academies, Free Schools and Studio Schools, will help transform the attainment and achievement of pupils in England.
Laura Richards
0115 908 4886
lrichards@brownejacobson.com
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Rating: 9.0/10 (1 vote cast)
Tags: academies, browne jacobson, Education, education in England, education standards, free schools, government, Laura Richards, schools, student achievement, student attainment Government education initiative, studio schools
Posted in Education | No Comments »
Friday, September 23rd, 2011
Ofsted’s latest survey shows that schools who join together to raise standards, see improvements across teaching and learning, behaviour and pupils’ achievement. The survey found that the main reason for the improvements was effective leadership, underpinned by ‘rigorous procedures for holding staff accountable’ and ‘assessing the quality of teaching and learning’. Greater flexibility of increased resources was also listed as an important factor.
While hard federations are only appropriate for specific circumstances, schools and academies are increasingly looking at various ways to partner and collaborate with each other on a far more formal platform than they may have done in the past. Key reasons for this include ensuring the longevity of relationships and sharing resource and expertise to improve pupil outcomes. New governance arrangements, multi-academy structures, establishing trading companies and entering into formal partnership agreements are just some of the possibilities schools are looking into.
Increased school collaboration is high on the government’s agenda as part of the ‘self-improving school system’, and will undoubtedly be staying there for the foreseeable future.
Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com
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Rating: 5.0/10 (3 votes cast)
Tags: academies, browne jacobson, Education, federated schools, Hayley Roberts, Ofsted, school collaboration, school standards, schools, teaching and learning, teaching standards
Posted in Education, Shared services | No Comments »
Thursday, September 15th, 2011
The new school’s commissioner, Dr Elizabeth Sidwell, has said she is eager to see more all-through schools opening as academies under her watch. These schools are created by a secondary school joining up with one or more feeder primaries to educate children from age 3 through to 18.
Dr Sidwell hopes that removing the transitional period between primary and secondary education will eliminate the acknowledged ‘dip’ in performance between these phases of education. A child should be more confident and familiar in their surroundings if they do not have to switch schools at age 11.
However, it is not all plain sailing. Some schools, (especially small primaries) may be concerned that they would lose their autonomy by joining up with a secondary. Others may have concerns about bringing together two or more very different organisational structures. These concerns can be overcome by careful planning and by considering all aspects of an all-through school proposal to ensure each school is content with the arrangement.
Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com
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Tags: academies, Dr Elizabeth Sidwell, Education, primary education, schools, secondary education
Posted in Education | No Comments »
Tuesday, September 13th, 2011
The flurry of activity which has followed the publication of various reports about Pembrokeshire Council by the Welsh inspectorate bodies, CSSIW and Estyn shows how important it is to get childrens safeguarding systems right, whether that be in regard to social care or, crucially, in education settings. The most recent report recommends that the council evaluates all safeguarding work within the education department and its schools and takes urgent steps to remedy deficiencies in the governance and management of safeguarding, including associated functions in human resources. Pembrokeshire have appointed a new Cabinet Member with responsibility for this.
Its going to be a tough job. Particularly in the teeth of a “special investigation” by the Wales Audit Office. It’s all very well writing policies and procedures, but the true test will be whether staff at the coal face know about the procedures and are confident about using them. Once everyone has been trained in the sensitive area, will and should employers be prepared to performance manage or discipline those who fall short?
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Rating: 9.0/10 (1 vote cast)
Tags: Anne Hughes, CSSIW, Education, Pembrokshire Council, safeguarding, Social Care, Welsh Audit Office
Posted in Education, Social Care | No Comments »
