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

A stop to league table ‘incentives’?

gemmai — Tue, 24 Jan 2012 15:04:55 +0000

The current examination system is said to encourage schools to focus their teaching towards the actual exam, rather than providing a general overview of the subject.

The purpose of new league tables, due out next week, is to incentivise schools to raise standards and teaching for all pupils, instead of encouraging them to jump through hoops to avoid intervention. The revised tables will show more accurate and detailed statistics of grades, offering a comparison between the schools that take on high achievers and those that started at a lower base. They will carefully monitor the improvements made in each school.

It is hoped that this will further the government’s agenda to close the attainment gap between different backgrounds. This is coupled with the extra Pupil Premium funding to support poorer children. The theory is that in return schools should deliver the same level of achievement for all children, regardless of background.

Laura Richards
0115 976 6249
lrichards@brownejacobson.com

Shake-up of schools’ inspection process continues

Hannah — Tue, 17 Jan 2012 15:57:16 +0000

David Cameron has backed Sir Michael Wilshaw’s plans to axe the current Ofsted rating of ‘satisfactory’, stating “Just good enough is frankly not good enough”. Bold plans to tackle ‘coasting schools’ and get them to switch gear have now been outlined with proposals to change the current 3,000 schools labelled as ‘satisfactory’ to ‘improvement required’. Schools will be given three years to improve, with earlier re-inspections after 12 to 18 months. If they fail to improve, they could face going into ‘special measures’.

This announcement comes hot on the heels of plans to carry out no-notice inspections to address flaws in the system after concerns were raised that in some schools poor teachers and naughty students were told to ‘stay home’ during Ofsted inspections.

Though critics have accused these changes as being part of a wider plan to force schools to become academies, there are many who see this as a welcome move to address inadequacies and strive for the best education for all children.

Posted by Hayley Roberts, who specialises in education law advice to schools and academies, including advice on teaching schools, collaboration models and partnership structures, school companies, and a wide range of pastoral issues.

Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com

Fair to dismiss in a term?

gemmai — Fri, 13 Jan 2012 09:53:22 +0000

The Government has today made a long overdue announcement following their consultation on changes to the Teachers’ Performance Regulations. The announcement confirms that the Government are going to remove a lot of the previous restrictions on schools to dismissing ‘underperforming’ teachers. The model policy that was consulted on combines performance management with capability and envisages dismissal for routine cases within a term. As part of the recommendation, the period teachers are given to improve could be as short as 4 weeks.

It will be up to individual schools to review their policies from September in light of the recommendations of the Government. Schools seeking to put this robust approach into practice should be mindful that the ultimate test is not the word of Mr Gove but that of the Employment Tribunal. Whether a Tribunal would consider the government’s timetable to be fair 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

No notice Ofsted inspections – a logical progression?

gemmai — Thu, 12 Jan 2012 11:56:36 +0000

Ofsted’s new chief has announced the current two day notice before an inspection is set to be replaced with a no notice system for inspections for all schools in England from autumn.

Some schools believe these changes are a result of recent claims that schools attempt to portray a stronger impression during Ofsted inspections by sending “bad” pupils home or drafting in staff from other schools. There are also concerns that shorter or no notice inspections may stop schools properly engaging with the inspection process.

Ofsted has carried out 1,500 no notice inspections over the last 18 months and defends the new system by assuring that the sole aim is to provide a true picture of school performance. Schools should be able to trust the inspection process but no notice inspections may just aggravate the feeling that Ofsted is trying to catch them out.

Laura Richards
0115 976 6249
lrichards@brownejacobson.com

Overhaul could result in 10% increase in some school budgets

mikef — Mon, 21 Nov 2011 09:47:15 +0000

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

School admission appeals draining academies

Hannah — Wed, 09 Nov 2011 13:43:45 +0000

Today the LGO published their report highlighting failures of admissions authorities when conducting admission appeals. The statistics in the report support the view that some admissions authorities get it wrong, but a bigger picture is being missed.

Traditionally admissions authorities were part of the local authority. However, academies can (and most do) act as their own admissions authority. For high performing academies particularly this presents a stressful and expensive problem – parents using the Admissions and Appeals Codes to put academies under enormous pressure during the appeal process.

It is not uncommon for parents to ask upwards of 30 questions before an appeal, employ a professional advocate to put their case and for individual hearings to last in excess of two hours. For an over-subscribed academy facing 30+ appeals, this results in a massive increase in cost – money that could be spent on education.

And the outcome if questions go unanswered or an appeal hearing cut short? A finding of maladministration.

I doubt this is what Mr Gove had in mind when promoting the freedom of academy status or what his predecessors envisaged when drafting the Codes.

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

The future’s bright for UTCs and free schools

mikef — Tue, 11 Oct 2011 08:09:11 +0000

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

Growth in Academies

mikef — Mon, 10 Oct 2011 09:33:18 +0000

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 976 6249
lrichards@brownejacobson.com

Evidence that federated schools improve outcomes

mikef — Fri, 23 Sep 2011 15:27:48 +0000

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

All-through academy numbers set to soar

Hannah — Thu, 15 Sep 2011 16:07:09 +0000

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

Council’s education roles may be ‘re-vamped’

Hannah — Thu, 15 Sep 2011 09:40:07 +0000

More than 1,300 schools are now academies, and the figure is set to rise dramatically over the coming months. This has led to a dramatic reduction in many councils’ budgets (plus an expected claw-back of £1 billion) and a struggle to provide services to schools still under their control. There have been many discussions around how the relationship between academies and councils will work in the future. Last week Nick Clegg reportedly stated that councils should be responsible for standards at schools not under their direct control, make decisions about who runs them and hold providers ‘more sharply to account’.

Mr Clegg’s comments appear to be in complete antithesis to the whole policy and rationale behind the academy programme – to free schools from local authority control. The poor working relationship between some schools and their councils has undoubtedly been a factor in decisions to convert to academy status, with the promise of freedom, independence and autonomy being an attractive offer.

It remains to be seen whether we will see a move towards involvement of council in academy affairs (e.g. being able to trigger inspections if they believe there are problems), or whether councils’ roles will be limited to the provision of services.

Hayley Roberts
0115 908 4862
hroberts@brownejacobson.com

Illegal exclusions

Hannah — Tue, 13 Sep 2011 15:21:52 +0000

A recent Centre for Social Justice report has shown that some schools are acting illegally by excluding pupils by unofficial means. This includes transferring pupils to alternative educational provisions without officially excluding a pupil, encouraging a parent to remove their child from the school, or sending a child home to cool off rather than using fixed term exclusions as required. This practice can lead to schools breaching their legal obligation to provide education.

The report sets out that although the number of exclusions has dropped in recent years, the numbers of pupils in Pupil Referral Units has increased. However, to suggest actual exclusion numbers has dropped can only be done with caution given the unofficial means of avoiding ‘formal’ exclusions identified in the report.

Excluding a pupil can include a heavy administrative burden and costs – reviewing the exclusion, Governor’s meetings and an independent appeals panel – but the failure to take these steps can leave schools open to legal challenge.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Academy programme shows no signs of slowing down

Hannah — Fri, 12 Aug 2011 13:48:41 +0000

With the anniversary of the “converter” academy fast approaching, the Department for Education has recently published the August figures for academy converters and the programme is showing no sign of slowing down. As of 1 August 2011, there are 1,070 academies open in England, with 269 opening in the last month.

Those schools fortunate to meet the 1 August deadline were able to benefit from the 10% cap on the Local Authority Central Spend Equivalent Grant and this to some extent explains the steep rise in converters. However, with the programme now open to all schools and special schools being able to convert from 1 September the number of conversions is likely to remain high.

The educational landscape has changed significantly in the academic year of 2010/2011 and with the extension of the academies programme that transformation is set to continue.

Hannah Bramhall
0121 237 4563
hbramhall@brownejacobson.com

Are disruptive students about to increase?

Hannah — Fri, 29 Jul 2011 11:23:22 +0000

The Department for Education (“DfE”) yesterday published statistics for 2009/2010 in relation to the number of pupil exclusions. The statistics show that 5,740 pupils were excluded permanently from primary, secondary and special schools during this period with there being as many as 331,380 fixed period exclusions. The DfE calculate that 900 children a day are suspended from school for abuse and assault.

The Coalition government has pledged to improve behaviour and academic standards and in response to the statistics, Nick Gibb has expressed concern that weak discipline remains a significant problem in schools. However, in light of the Education Bill, which will make it easier for head teachers to exclude disruptive students and give teachers increased powers to search students, we are likely to see a spike in these statistics come 2011/2012.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Definition of “persistent absence” to change

Hannah — Wed, 13 Jul 2011 14:45:35 +0000

The Department for Education announced on Tuesday that they are to reduce the threshold at which a pupil is defined as “persistently absent” from 20% to 15% in an attempt to solve truancy in schools. This reduction in the threshold is set to incorporate an additional 246,000 pupils but the move has been criticised by unions for failing to tackle the root cause of truancy.

On a practical level, the reduction in the threshold will impact on Ofsted’s evaluation of pupil attendance, and in some cases this could result in a lower grade. Ofsted has advised that they will explore ways of taking into account the lower threshold within the new framework expected early next year.

The government’s attempts to tackle truancy are unlikely to stop here. Nick Gibb has advised that in the coming months stronger powers for schools to deal with truancy will be announced. It remains to be seen whether these changes will actually deter persistent absences in schools.

Hannah Bramhall
0121 237 4563
hbramhall@brownejacobson.com

Newly revised health and safety guidance for schools

Hannah — Tue, 05 Jul 2011 08:44:37 +0000

This week the government issued its new health and safety guidance for schools and having taken the view that 150 pages was simply too much, the new guidance runs to a mere eight.

This is not the first piece of guidance the Department for Education has scaled back – draft guidance on the use of force and searching pupils saw a similar approach.

Rather than support the efforts to reduce red tape, the teaching unions have been critical, referring to the approach as “potentially reckless” and question the need for change.

One key area on which the guidance focuses is school trips. It aims to make educational visits easier to organise and provide teachers with more confidence to do so. The HSE went further, saying that the new guidance “out those who hide behind red tape” when considering educational visits.

It should be noted that there is no change in the law here, the guidance simply seeks to clarify the existing position and promote a sensible balance.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Teachers’ strike – Gove backs parent volunteers

Hannah — Tue, 28 Jun 2011 14:52:59 +0000

In a move that has been highly criticised by teaching unions NAHT and the ATL, Michael Gove has suggested parents could step into the void left by striking teachers this week.

As well as appearing contradictory to the coalition line that teaching should be undertaken only by well trained and well resourced teachers, Mr Gove’s comment seems to cut through the fabric of the safeguarding measures put in place in schools over the last 10 years.

Under the current guidance a CRB check must be undertaken on volunteers with unsupervised access to children. Heads and Principals should also consider the suitability of each volunteer and consider getting references before allowing them to undertake volunteering duties.

Whilst Mr Gove has not suggested that the statutory guidance should be ignored for the purposes of the strike, perhaps it does hint at the government’s softening approach to safeguarding generally. Further amendments to Part 5 of the Protection of Freedoms Bill could follow…

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

New admissions code published

Hannah — Fri, 27 May 2011 15:23:43 +0000

The Department for Education has today published its new proposed changes to the admissions code and appeals code. The changes would see a much slimmed down version of the codes making the admissions process simpler, fairer and more transparent for parents.

Local authorities will no longer be allowed to use lotteries in order to place children in schools, yet other admissions authorities will be allowed to continue the practice. The proposals also intend to make it easier for popular good schools to take more pupils and plans to end the 30 pupil limit on class sizes in some cases.

Interestingly, the proposals give academies and free schools the right to prioritise places for those children from more disadvantaged backgrounds whose family income is under £16,190. This is undoubtedly an incentive for schools to convert as following the introduction of the pupil premium they are likely to gain financially in comparison to their maintained peers.

The consultation on the proposals is set to close on 19 August 2011.

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
0115 976 6189
kmichelon@brownejacobson.com

Faith for the faithless

Hannah — Thu, 21 Apr 2011 15:13:23 +0000

The Church of England has announced that they intend to reserve no more than 10% of places for followers of its faith. The announcement comes ahead of the CofE’s publication of guidelines on admissions this summer and represents a huge development in church policy that could have a significant impact on CofE school admissions.

10% is a much lower proportion than the maximum reserve of 50% for new free schools with religious character. The guidance is intended to put pressure on faith schools to change their admissions rules. However, voluntary aided faith schools are their own admissions authority and there may be pressure from parents and other members of the church to maintain the status quo, thereby diluting the impact of the guidelines.

The Rt Revd John Pritchard believes that the Church of England’s admission policy should be changed regardless of whether the overall effect would be to reduce school results – the aim being to serve the community as whole.

Hannah Bramhall
0121 237 4563
hbramhall@brownejacobson.com

Academies conversion now open to all schools as total passes 600

Hannah — Fri, 15 Apr 2011 09:31:25 +0000

More than 600 schools are now academies (compared to 203 in May 2010), with nearly 500 waiting to convert having already applied to the Department for Education. Nearly 550 secondary schools are now academies, representing 16.5% of secondary schools.

Until now, conversion was open only to schools judged by Ofsted to be Outstanding or Good with Outstanding Features (which have been able to convert in their own right) and other schools if applying as part of wider chains, supported by strong schools.

However, in response to demand from other mainstream and special schools wishing to become stand-alone academies, the Government will now consider applications from any school that can make a compelling case for converting to academy status. Criteria include exam performance over the last three years, and comparison with local and national exam performance.

It is clear that academy status is so far very popular amongst schools, which, it would appear, consider the greater freedoms promised by the Government to be a great incentive.

Posted by Chris Emm, who specialises in commercial property work primarily acting for local authorities and also deals with development and commercial freehold and leasehold matters.

Chris Emm
0115 908 4112
cemm@brownejacobson.com

Academies open for all

Hannah — Fri, 08 Apr 2011 08:39:46 +0000

Lord Hill has made the surprising announcement that the Government will consider applications to convert to an academy from any school that can make a compelling case for academy status. Following the introduction of the Academies Act 2010, the academies programme has been extended to include schools who have an Ofsted rating of good with outstanding features and outstanding special schools. It was widely thought that the program would be extended in the near future to include schools with a good Ofsted rating. However, the announcement marks a huge leap.

There are already 600 academies now open with 162 opening this month, but this number is likely to drastically increase. The Government’s intention is that all schools will become academies.

The process, however, will not be automatic and the Department of Education will take into account a number of factors when considering whether a school can convert to academy status.

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

Insuring against Britain’s bad weather

Hannah — Thu, 03 Feb 2011 12:21:42 +0000

Last December thousands of schools were forced to close due to bad weather. In such circumstances parents are entitled to take leave to sort out emergency childcare, but this is usually of a short duration and often unpaid.

In light of this, Towergate Insurance has launched the first “school closures insurance policy”. For an annual £30 per child, parents will receive £100 a day up to a maximum of 5 days once their child’s school has been closed because of snow, flooding or boiler failure. This money is intended to ease anxious parents’ minds by covering their lost earnings and unexpected extra childcare costs if a school is forced to close.

If rumours of the high level of interest are true, other insurance companies are likely to follow suit with their own terms and rates. But with the severe weather reportedly costing the economy up to £230 million a day, could this new insurance trend encourage parents to skip work more readily, causing a headache for employers?

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

Teachers, police officers and not a lot of change

Hannah — Wed, 26 Jan 2011 14:14:08 +0000

A survey by the Association of Teachers and Lecturers (ATL) shows that members are concerned over proposals to extend teachers’ powers to search pupils. They argue that searching pupils and confiscating weapons, mobiles and cigarettes will have a negative impact on their relationships with pupils, parents and carers and that they are educators, not police officers.

The White Paper only proposes to extend the ‘power’ to search pupils, which teachers can exercise at their discretion. Schools already have the legal power to search pupils and to use force where necessary, but often choose not to do so for fear of allegations being made against them and the cost involved with using an external body to carry out such searches.

What is needed is clearer guidance on when and how teachers should exercise this power. Hopefully details of forthcoming guidance will be included in the Education Bill due to be published in the next few days.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Pressure for schools to perform in league tables jeopardising student choice?

Hannah — Fri, 14 Jan 2011 17:42:04 +0000

The publication of the school league tables has revealed that just 1 in 6 pupils in English secondary schools have achieved the new GCSE performance measure – the English baccalaureate (E-bac).

The Government’s recent White Paper proposed the introduction of the E-bac which requires pupils to achieve A*-C in English, Maths, Science, a Language and a Humanities subject.

The E-bac has angered many Head Teachers, not least because the standard has been applied retrospectively and many schools have slipped down the league tables as a result. There is concern that pressure for schools to perform in league tables will jeopardise student choice.

The Government is keen to discourage pupils from taking “less challenging” courses and a renewed focus on traditional subjects like History and Geography could help more students be admitted to the best universities. But there are surely many students who would rather have the freedom to study a non-E-bac yet valuable subject like ICT and be more than happy to side-step the £27,000 bill for university…

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

Academies double under coalition

Hannah — Fri, 07 Jan 2011 10:14:00 +0000

More than one in ten secondary schools in England is now an academy, double the number under the previous government.

Over 200 schools have converted to academy status since the Academies Act 2010 came into force, allowing schools to acquire academy status, outside of local authority control, with a view to increasing standards. A further 254 schools have applied for academy status.

Michael Gove called this the “fastest rate of education reform in English history”.

However, academies still cause controversy, with teachers unions believing the system would open up schools to profit-seeking firms, and that schools are being motivated by extra funding when schools are facing severe cuts.

It is hard to tell exactly what schools’ motivation for converting is – perhaps the lure of extra funding, the fear of being left behind, or perhaps simply because they want more freedom. Only time will tell whether or not those motivations will prove well-founded, but it is clear that academies represent a revolution in the education sector.

Posted by Chris Emm, who specialises in commercial property work primarily acting for local authorities and also deals with development and commercial freehold and leasehold matters.

Chris Emm
0115 908 4112
cemm@brownejacobson.com

Localism Bill – can we afford to give power to the people

Hannah — Tue, 14 Dec 2010 16:16:11 +0000

The Localism Bill was unveiled yesterday on the day that each local authority learnt how much less grant it will receive over the next four years from central government. The big theme of the Localism Bill is a transfer of power from centre to regions. Some powers will travel all the way to the individual.

Local people will be able to take over services with social value, such as care homes and schools. But with no economies of scale, and in such heavily regulated sectors, will well-meaning amateurs be able to run things more efficiently?

The idea of giving hard-pressed working people the ability to veto ‘excessive’ council tax increases may prove a vote winner. But no one likes paying any tax. One of the biggest concerns is whether they will have enough information to understand why the increase is proposed, and the inclination to vote on behalf of their locality, rather than just themselves.

Posted by Chris Webb-Jenkins, who specialises in defending claims against education and care providers and their insurers; risk management, stress, information management and child protection issues.

Chris Webb-Jenkins
0115 976 6175
cwebb-jenkins@brownejacobson.com

Over-hyped promises fall flat as budget and premium take a downturn

Hannah — Tue, 14 Dec 2010 15:09:26 +0000

The government have announced that, contrary to previous statements, the education budget will not rise in real terms over the next 4 years due to changes to the forecast of inflation. They have also announced that the pupil premium will be £430 per pupil whose family earns less than £16,000. Not only is this significantly less than expected, it has been confirmed that it is money which has been recycled from other areas of school funding rather than a fresh injection of cash.

Russell Hobby from the NAHT has described the pupil premium a ‘damp squib’ since the amount is so low that targeted education provision and other such initiatives will not be feasible. Even if the pupil premium does incentivise schools to admit disadvantaged pupils, they are under no obligation to spend the additional money on their poorer pupils. This watered-down pupil premium may end up making no real impact on the educational prospects of the most disadvantaged pupils.

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

Room at the inn for a photographer?

Hannah — Fri, 10 Dec 2010 11:49:28 +0000

Can you take photos of your child performing in the school nativity production? It comes as no surprise that people are confused. The law in this area is difficult and complex. This leads to defensive practice. If you say “no”, the risk of breaching the law is removed.

However, knee-jerk refusals cause damage themselves. As well as restricting liberty, they are often contrary to common sense. The area of health and safety is held in low esteem by the nation for this very reason. Information sharing (often and revealingly simply called “data protection”) could go the same way.

The Information Commissioner has this week released guidance dealing with this specific issue. He says clearly that taking photos for your family album, for private use, is lawful. The return of common sense, many people will respond. Yet most schools and sports clubs are not so relaxed, and do impose some restrictions. Let us hope the season of goodwill extends to the family snapper.

Chris Webb-Jenkins
0115 976 6175
cwebb-jenkins@brownejacobson.com

Upping the ante on UK’s Schools System

Hannah — Thu, 09 Dec 2010 13:43:55 +0000

The Programme for International Student Assessment’s (PISA) recent study of schools systems around the world shows that the UK has fallen dramatically down the rankings in Reading, Maths and Science since 2000.

In response to the survey Mr Gove said that it showed the need for urgent reform of the schools’ system stating that other countries’ “successful systems all share certain common features”. The common features he cited included granting greater autonomy to the front line, making schools more accountable to their communities, harnessing detailed performance data and encouraging professional collaboration.

These “common features” are being implemented in the UK by way of the Academies programme and upon action of the wide-ranging proposals set out in the Schools White Paper. But education commentators have warned that applying what works in other countries is too crude. A higher ranking may require more than copycat reform.

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

What’s in a name?

Hannah — Wed, 01 Dec 2010 10:33:38 +0000

In the Schools White Paper the Government set out their intention to dissolve the Young Person’s Learning Agency (YPLA). The YPLA is currently responsible for the funding and monitoring of Academies, free schools and 16-19 education provision i.e. further education and sixth form colleges. In its place there will be a new executive agency of the DfE which will take over these functions, aptly named the Education Funding Agency (EFA).

The EFA will also distribute school funding to local authorities for schools that are not yet academies, which the Local Government Group says adds a further level of unnecessary bureaucracy. However, with more schools set to become Academies, the EFA’s role will involve funding more schools directly. This will reduce bureaucracy and enable Academies to access money that was previously top-sliced by LAs before they converted.

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

The future is white for education

Hannah — Thu, 25 Nov 2010 16:17:24 +0000

The Government’s eagerly awaited Schools White Paper 2010 ‘The Importance of Teaching’ was published yesterday with an array of promises and policy decisions paving the way for a new education landscape which re-focuses power back into the hands of teachers.

The reduction of bureaucracy, modernisation and simplified and shortened guidance on duties (such as anti-bullying and the use of force) are key themes that run through almost every section of the paper.

The proposed changes include: improving training for teachers and leaders, introducing new powers and protections for teachers dealing with poor pupil behaviour, reforming curriculum assessment and qualifications, advancing a more autonomous school system, publicising how much money is spent on each pupil to ensure accountability, reforming school improvement processes and clarifying school funding arrangements.

The coalition’s pace of change for the education sector shows no sign of slowing.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Schools “freedom” to exclude pupils comes with a heavy caveat

Hannah — Thu, 25 Nov 2010 15:54:06 +0000

The Government’s white paper has set out plans to pilot a new approach to permanent exclusions. Under the plans, schools will be free to exclude pupils but will then be responsible for finding and funding alternative provision themselves. The Government suggests that schools could collaborate with other schools to provide suitable places or buy them from the local authority, voluntary sector or local colleges.

If the responsibility for finding and funding alterative provision is not enough of a disincentive for schools to exclude pupils, schools will also be held accountable by retaining excluded pupils’ ongoing academic performance in their performance tables.

The government is keen to discourage schools from shifting problem pupils on to someone else’s turf and incentivise schools to ensure pupils get good alternative provision. Head teachers, local authorities and the government will begin working together soon to test the new approach.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Momentum builds as academies programme expands

Hannah — Thu, 18 Nov 2010 15:05:30 +0000

It’s been a busy week for the DfE. First, the government announced plans to force under performing schools to become academies. This was followed by promises of an extra £3 billion investment for the Leaders in Education programme to help recruit strong head teachers ‘to turn around weaker schools‘.

Yesterday, it was announced that all good schools with outstanding features will automatically be eligible for academy status and special schools will be able to apply to convert in January. The DfE have also stated that every school can apply to become an academy by working in partnership with highly-performing schools.

It is clear that Michael Gove is intent on making academies the rule rather than the exception for every school as soon as possible. Critics arguing against the programme say it will lead to weak coordination at Local Authority level and a fragmented education system. Nevertheless those that choose not to convert may find themselves in the minority before too long.

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

Voices raised over teacher’s big pay-out

Hannah — Fri, 12 Nov 2010 16:18:08 +0000

A teacher who lost her voice from shouting over noise outside her classroom has been awarded a £156,000 out-of-court settlement by her employer, Hillingdon Council.

Mrs Walters’ classroom was next to a courtyard used by schoolchildren during playtime. She often had to shout and repeat herself which led to nodules forming on her vocal chords affecting her voice. Her formal grievance was rejected by her employers on the grounds that nodules were an “occupational hazard”.

The council stated that the settlement was “in the best interests of Mrs Walters, the council and taxpayers”. Their decision is counter to the government’s agenda to curb compensation culture and makes it clear that employers must follow-up formal grievances with care and diligence. As councils tighten their purse strings and as more schools become their own employers of staff this case will set an unwelcome precedent.

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

Serious consequence for teacher’s breach of Health and Safety Law

Hannah — Mon, 08 Nov 2010 11:49:10 +0000

A head teacher with a 42 year untarnished teaching career was convicted of breaching the Health and Safety at Work Act 1974 (HSWA) after taking students on to the school roof to show them renovation works. One student fell suffering serious, permanent injury. The head teacher was fined £20,000 and ordered to pay costs of £22,708. He must pay both sums within six months or will face up to a year in prison.

In addition to employers’ duties under the HSWA, employees are under a duty to take reasonable care of their own and others health and safety. This case is a stark reminder that one “grave and uncharacteristic judgement” which leads to a breach of health and safety at a school can cause serious repercussions that can attach to the individual employee responsible, and not necessarily the employer.

It is important that all school staff know and understand their legal obligations regarding health and safety to prevent circumstances such as these from occurring again.

Mark Blois
0115 976 6087
mblois@brownejacobson.com

Solution needed for overcrowded schools

Hannah — Wed, 27 Oct 2010 15:32:16 +0000

Overcrowded schools are causing a crisis for councils with big cities facing the worst problems. Statistics reveal that a fifth of all England’s primary schools are completely full or overstretched and councils are struggling to accommodate so many children; some pupils were waiting to start school weeks after the autumn term began. A lack of funding coupled with primary pupil numbers continuing to rise suggests the strain on councils won’t ease any time soon.

Following the Comprehensive Spending Review money for capital investments in school buildings will be in short supply. There are various solutions to this problem, none without their drawbacks, and it will be interesting to see what councils and communities choose to do. We could see more free schools set up; more parents may choose to home-school their children; schools may operate in shifts to share buildings and resources; schools may start to open in converted offices or shops following revisions to planning laws, and in the meantime we may see a rise in admissions appeals.

Mark Blois
0115 976 6087
mblois@brownejacobson.com

Academy success

Hannah — Wed, 20 Oct 2010 10:01:37 +0000

Definitive research has been published indicating that Academies have achieved significantly better results than their predecessor schools due to speedy decision making and innovative teaching methods. The findings mirror the National Audit Office’s findings in its recent Report on Academies’ academic attainment for their pupils.

This research lends support to the government’s Academies programme and no doubt the government will wish to press forward with allowing non-outstanding schools to covert to Academy status as soon as possible. We are acting for many ‘converting’ schools and this research suggests the rate of conversions will not die down anytime soon.

Posted by Dai Durbridge, who specialises in defence claims for social services,education and care providers; risk management presentations and workshops on child protection in education.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Finally, some common sense

Hannah — Tue, 19 Oct 2010 13:47:25 +0000

Lord Young’s review of the operation of health and safety laws and the growth of the compensation culture contains recommendations that should cause schools to breathe a sigh of relief.

Lord Young notes there has been an overzealous approach towards health and safety decreasing the number of educational opportunities for children such as participating in competitive sports and school trip. The threat of legal action should an accident happen has rippled through schools.

Lord Young’s recommendations include a single consent form covering all activities a child undertakes while at school, simplified risk assessments for the classroom, a simplified process for children going on school trips and a shift from a system of risk-assessment to risk-benefit. The changes have been endorsed by the government and many are set to be implemented in January 2011. Finally, it seems common sense is making a comeback.

Mark Blois
0115 976 6087
mblois@brownejacobson.com

Gove takes ‘radical action’ by giving Heads powers they already have

Hannah — Fri, 15 Oct 2010 16:22:15 +0000

Education Secretary Michael Gove recently announced that he would be giving teachers a ‘new’ power to punish pupils who misbehave outside school premises.

However, the power already exists under the Education and Inspections Act 2006 s.89 which states that a school’s behaviour policy may, to such extent as is reasonable, include measures to regulate conduct of pupils when they are not on the premises of the school. Is Gove saying that he will extend the power by removing the caveat of reasonableness?

Chris Keates, General Secretary of NASUWT questions whether teachers are confident in using the existing power.

Gove also states that he wants to ensure that the balance of power in the classroom changes and put teachers back in charge. Teachers are already in charge, but perhaps lack the confidence to exercise their powers through fear of criticism and reproach which could result in a legal challenge. Teachers would benefit greatly from clear guidance on how best to exercise the power.

Mark Blois
0115 976 6087
mblois@brownejacobson.com

Paying the price

Hannah — Wed, 13 Oct 2010 13:00:46 +0000

Schools could soon be allowed to positively discriminate against children from wealthy backgrounds in return for extra funding if proposals to reform the admissions code are accepted by the Government.

Under the proposals schools would be paid a ‘pupil premium’ (PP) for every child they teach from a disadvantaged background. A consultation on the PP proposals is currently underway and will close on 18 October.

What is not clear from the consultation is how much freedom schools and academies may be given to target the poorest children. They might only be permitted to offer preferential access to poorer pupils within existing catchment areas or there may be a more radical policy implemented which would allow those on free schools meals who live outside a school’s catchment area to benefit. Whatever is decided it is important that sufficient checks and measures are put in place to ensure that any additional resources benefit those that need it most.

Posted by Dai Durbridge, who specialises in defence claims for social services,education and care providers; risk management presentations and workshops on child protection in education.

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

Gove promises ‘new deal’ for teachers

Hannah — Wed, 06 Oct 2010 13:51:02 +0000

The Education Secretary has promised that the rules which have spread a ‘no touch’ mentality amongst teachers are to be scrapped.

At present, physically restraining or comforting a child is a legal minefield for teachers, with hundreds of pages of rules and guidance to sift through to ensure that they do not act unlawfully.

Children’s Rights Groups describe the plans as dangerous and in potential breach of human rights and child protection laws. However, cutting red tape, clarifying and shrinking guidance in this area, and moving towards a common-sense approach is largely welcome. If the threshold at which teachers can be accused of inappropriate behaviour towards pupils is increased, fewer legitimate claims can be brought against them.

Gove has already dispensed with a duty on schools to record and report to parents instances where staff used force on pupils, and plans to grant anonymity for teachers accused of unprofessional conduct (until charges are pressed). It remains to be seen how much further he will go.

Mark Blois
0115 976 6087
mblois@brownejacobson.com

First wave of changes as Equality Act approaches commencement

Hannah — Tue, 28 Sep 2010 11:14:45 +0000

The majority of provisions under the Equality Act 2010 (EA) come into force on 1 October.

In time the EA should make it easier for schools to understand their obligations to ensure pupils and prospective pupils are not harassed or victimised.

Schools will be relieved to see that implementation of the provision that removes their current exemption from providing auxiliary aids and services for pupils with disabilities is on hold.

With government cuts looming, financial hardship coinciding with such an expanded obligation could result in schools being unable to provide the requisite aids and services and many disputes between schools and their local authority.

Courts have powers to award damages for breaches of the EA and failing to accommodate the needs of disabled pupils may invoke legal challenges.

Clarification prior to its enforcement on the precise extent of this duty is essential to ensure schools do not fall foul of the EA and expose themselves to liability.

Mark Blois
0115 976 6087
mblois@brownejacobson.com

‘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.

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.

Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com

Charity recommends fair-banding and independent scrutiny of admissions

Hannah — 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
0115 976 6189
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
0115 976 6087
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
0115 976 6087
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

Hannah — 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
0115 976 6087
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
0115 976 6087
mblois@brownejacobson.com