Posts Tagged ‘schools’
Friday, April 8th, 2011
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.
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
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Tags: academies, academies act 2010, Lord Hill, Ofsteed, schools
Posted in Education | No Comments »
Thursday, February 3rd, 2011
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?
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
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Rating: 7.0/10 (1 vote cast)
Tags: Education, emergency childcare, school closures insurance policy, schools
Posted in Education, Employment, Insurance | No Comments »
Wednesday, January 26th, 2011
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.
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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Tags: Association of Teachers and Lecturers, Education, power to search pupils, schools
Posted in Education | No Comments »
Friday, January 14th, 2011
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…
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
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Rating: 0.0/10 (0 votes cast)
Tags: e-bac, Education, English baccalaureate, schools
Posted in Education | 1 Comment »
Friday, January 7th, 2011
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
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Rating: 1.0/10 (2 votes cast)
Tags: academies, Michael Gove, property, schools
Posted in Education, Property | No Comments »
Tuesday, December 14th, 2010
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
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Tags: care homes, local authorities, Localism Bill, schools
Posted in Public Sector, Social Care | No Comments »
Tuesday, December 14th, 2010
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.
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
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Rating: 8.0/10 (1 vote cast)
Tags: Education, education budget, pupil premium, schools
Posted in Education | No Comments »
Friday, December 10th, 2010
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.
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
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Rating: 9.5/10 (2 votes cast)
Tags: child protection, Data Protection, Education, local authorities, schools, Social Care
Posted in Local Authorities, Public Sector, Social Care | No Comments »
Thursday, December 9th, 2010
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.
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
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Rating: 7.0/10 (1 vote cast)
Tags: Education, schools, The Programme for International Student Assessment
Posted in Education | No Comments »
Wednesday, December 1st, 2010
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.
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
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Rating: 9.3/10 (3 votes cast)
Tags: academies, Education, education funding agency, education law, education lawyers, education white paper, efa, free schools, schools, schools white paper, young persons learning agency, ypla
Posted in Education | No Comments »
Thursday, November 25th, 2010
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.
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: 8.7/10 (3 votes cast)
Tags: coalition, coalition government, Education, education law, education lawyers, importance of teaching, schools, schools white paper
Posted in Education | No Comments »
Thursday, November 25th, 2010
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.
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: 2.0/10 (1 vote cast)
Tags: Education, education law, education lawyers, exclusions, pupil exclusion, school exclusions, schools
Posted in Education | No Comments »
Thursday, November 18th, 2010
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
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Rating: 0.0/10 (0 votes cast)
Tags: academies, Department for Education, Education, schools
Posted in Education | 1 Comment »
Friday, November 12th, 2010
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.
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
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Rating: 9.0/10 (1 vote cast)
Tags: compensation, employers liability, health and safety, insurance, occupational hazard, public liability, schools, teacher
Posted in Education, Public Sector | No Comments »
Monday, November 8th, 2010
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.
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
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Rating: 0.0/10 (0 votes cast)
Tags: Education, Health & Safety at Work Act 1974, schools
Posted in Education | No Comments »
Wednesday, October 27th, 2010
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.
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
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Rating: 0.0/10 (0 votes cast)
Tags: comprehensive spending review, Education, overcrowded schools, schools
Posted in Education | 1 Comment »
Tuesday, October 19th, 2010
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.
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
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Rating: 0.0/10 (0 votes cast)
Tags: Education, health and safety, Lord Young's review, schools
Posted in Education, Manufacturing | No Comments »
Friday, October 15th, 2010
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.
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
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Rating: 0.0/10 (0 votes cast)
Tags: Education, education and inspections act 2006, School Behaviour Policy, schools
Posted in Education | No Comments »
Wednesday, October 13th, 2010
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
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Rating: 0.0/10 (0 votes cast)
Tags: Education, Public Sector, pupil premium, schools
Posted in Education, Public Sector | No Comments »
