Welcome back to the new academic year!
We have a bumper edition of Heads Up! for you as legal developments in the schools sector are flowing thick and fast – another sign of the challenges that schools face on a daily basis!
New Government Announcements
No doubt, we have all been looking with interest at education announcements from the new Government. Unsurprisingly, first off the blocks was the news about the introduction of VAT on private school fees and the removal of charitable rates relief for private school providers. Our briefing, which was published by Schools Week, can be found here. Whilst more details are awaited, we are reviewing standard terms and conditions in readiness and advising on operational solutions, including the use of subsidiaries to maximise any VAT savings.
In a move perhaps again designed to be popular, on 2nd September 2024 the Education Secretary has announced the scrapping of one word Ofsted judgements, favouring instead “report cards”, presumably with a more detailed assessment against standards expected of schools. Whilst the current sub-categories will be retained and judgements made against them, at least for the next year, its likely there will be another wholesale review of the inspection framework with the view to engendering a new confidence in the system. The move to inspect MATs as well as schools has long been expected and will be picked up in the new inspection framework, along with presumably more intervention powers. Will perhaps Ofsted, for the first time, seek to publish a two-way report which captures the school’s own view of its performance and areas for improvement alongside an objective analysis? Will a more data analytical approach be used? Given the huge resourcing need of a comprehensive inspection regime, could we in fact be moving towards a self-reporting system with random spot checks?
What will be interesting however is to see how this feeds into and impacts on the Schools Causing Concern guidance, which was only reissued in January 2024. An “inadequate” judgement of course would have resulted in an immediate Directive Academy Order and without this, what if any automatic triggers will there be for academisation? Schools and academy trusts that might be asked to support a struggling school (and consider the financial impact of that) will want to think carefully about how that support is to be provided and whether there might be an expectation the school will, for example, join an academy trust at some stage along that journey. Certainly, in our experience, only asking that question once a school has regained its mojo is probably a bit too late.
Details will be set out in the Children’s Wellbeing Bill which was announced in the King’s Speech in July. This also included:
- a requirement for local authorities to keep a “Children Not in School” register
- a legal requirement for schools to host breakfast clubs
- a limit on the number of branded items schools can require as part of the uniform
- a requirement for all teachers to either have or be working towards qualified teacher status, bringing academies into line with maintained schools.
We also have a raft of new employment legislation to look forward! There are more details below on the new fire and rehire code of conduct, as well as a closer look at the roles of CEOs and lessons learnt from complex investigations.
As ever, our School Support and Schools HR teams are here to support you with any enquiries you have. We can be contacted on:
- School Support helpdesk: 0345 070 7437 or email schoolsupport@wslaw.co.uk.
- Schools HR helpdesk: 0345 026 8690 or email SchoolsHR@wslaw.co.uk.
Updated School Attendance Guidance – What’s New For Pupils With Send And Part Time Timetables
The government has published updated statutory guidance on ‘Working together to improve school attendance‘, effective from 19 August 2024. The guidance is required to be read alongside statutory guidance on children missing education, supporting pupils with medical conditions at school, education for children with health needs who cannot attend school, suspensions and exclusions, alternative provision, and Keeping Children Safe in Education.
Is your school site secure?
As schools return at the beginning of the academic year, many Headteachers and Governors will undoubtedly be reflecting on site security following the tragic events in Southport over the summer when 3 children were killed when attending a holiday dance workshop, held at a community venue.
The DfE, in what many may view as coincidental, updated its guidance on School security on 12 July 2024, just days before these fatal attacks. It now therefore seems appropriate to review all school security measures in light of these tragic events and the updated guidance.
Disposal of school land and secretary of state consent
For certain land transactions involving school land, including granting leases to third parties, you may be required to obtain consent from or notify the Secretary of State (SoS). New freedoms have also been introduced in the September 2024 Academy Trust Handbook relating to finance leases.
The Impact of the Procurement Act 2023 on UK Schools in 2024
The Procurement Act 2023 is due to come into force on 28 October 2024 and will apply to all new contracts from that date onwards. This new regime has been designed to modernise and streamline the procurement process across public sectors following the UK leaving the EU. Below we set out some key points to note for our clients in respect of the upcoming changes.
Keeping Children Safe in Education 2024: The Main Changes and Action Required
In what has now become an annual event the DfE has once again issued a new version of Keeping Children Safe in Education (KCSIE) for implementation from 1 September 2024. Although the changes this year are described as “technical” largely in order to bring KCSIE in line with the 2023 Working Together to Safeguard Children guidance it is likely that there will be significant changes for 2025 with perhaps an entire new document to replace KCSIE as we currently know it, following the call for evidence, which closed on 20 June 2024, with further consultation to come.
Briefing note for Primary Schools: Reception and Nursery age children with special education needs
We are often approached by clients who are having (or anticipate having) difficulty accommodating very young children in their Early Years settings who have significant special educational needs (“SEN”). Sometimes children with SEN come into school or nursery with an Education, Health and Care Plan (“EHCP”) already in place, in which case the school or nursery will have already had the opportunity to respond to a local authority consultation regarding the suitability of the setting for the child’s needs, but frequently this is not the case.
There are several potential questions which can arise in these circumstances, most commonly whether the child can attend the setting on a part-time basis, and/or whether the setting can refuse to take the child.
We have produced a detailed briefing note for primary schools which outlines the legal factors to consider in such circumstances (as well as a more general note on what to do if a school is unhappy to have been named in an EHCP). Please contact our School Support team to request a copy.
The legal risks of failing to admit pupils with SEND and considerations for schools when admitting children with complex needs
We are seeing an increase in schools seeking to delay the admission of children once a place has been offered both during the normal admissions round and in in-year admissions. This tends to happen when it is discovered that the child has special educational needs, but are without an Education, Health and Care Plan (“EHCP”) to provide the additional support that it is perceived the child will need. There are various legal consequences that can arise from this; not least an action against the School / Trust pursuant to Article 2 of Protocol 1 (“A2P1”) of the European Convention on Human Rights (“the Convention”) contrary to section 6 of the Human Rights Act 1998 (“HRA 1998”) for which damages are recoverable; a claim of disability discrimination in the First-tier Tribunal or, judicial review proceedings to “force” the admission.
We have produced a detailed briefing note for primary schools which outlines the legal factors to consider in such circumstances. Please contact our School Support team to request a copy.
Sixth Form Admissions – Getting it Right
It is our recent experience that Sixth Form admissions are causing more problems for schools on an annual basis at this time of year.
Sixth forms do need to comply with the Admissions Code when they are setting their admissions arrangements and this article will cover the common problems and pitfalls that schools fall into when dealing with Sixth Form admissions.
Click here to continue reading
Understanding & Navigating Cyber Attacks on Schools
In today’s increasingly digitised world, schools are unfortunately not immune to the growing threat of cyber attacks. Educational institutions store a great deal of sensitive data, including safeguarding and medical details and financial information and are targets of cybercriminals seeking to exploit vulnerabilities. Ransomware attacks are also becoming common, where hackers encrypt critical systems and files, rendering them inaccessible and demanding payment of a ransom. Understanding the risks of cyber attacks is crucial for safeguarding the integrity and security of data systems.
Such an incident not only jeopardises the privacy and security of pupils and staff, but can also undermine trust and reputation and disrupt the day-to-day operations of schools, leading to significant disruptions in teaching and learning, and potential school closures while systems are rebooted and cleansed.
Remediation costs, including the investigation of the breach, restoration of systems, and implementation of security measures, can quickly escalate, draining already limited resources.
In addition, the Academy Trust Handbook 2024 specifically addresses the expectations on academies in relation to cyber attacks, “Academy trusts must also be aware of the risk of cybercrime, put in place proportionate controls and take appropriate action where a cyber security incident has occurred. Trusts should take appropriate action to meet DfE’s cyber security standards, which were developed to help them improve their resilience against cyber-attacks.”
Click here to continue reading
Schools HR Update
A raft of possible legislative measures are proposed by the new Government to improve worker rights.
MAT Growth
We await signs as to the Government’s enthusiasm for the academies programme, although it is safe to say that we will be working with a mixed economy for some time to come.
The most pressing question will be to what extent the Department for Education will provide funding for schools to convert, either on a voluntary or forced basis.