Legal framework

New academies 1: how to become one, and should you?

scameron — Tue, 21 Sep 2010 10:11:24 +0100

The Academies Bill 2010, which was announced in the Queen’s speech on 25 May 2010 will put into law the new government’s promise to enable more schools to achieve academy status and to give them more freedoms and flexibility.

This article, the first of two, will look at what the Bill contains, how to apply to convert to a new academy, and issues to consider when deciding whether or not to apply.

Are you up-to-date with the latest developments in safeguarding?

scameron — Wed, 09 Jun 2010 10:38:49 +0100

What do the two consultations cover?
Actually, they are all linked to safeguarding and recruitment, but cover distinct areas.

Is your school fulfilling its disability duties?

scameron — Thu, 27 May 2010 16:13:05 +0100

What are schools’ existing disability duties?

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Looked after children: new duties for schools

scameron — Wed, 28 Apr 2010 17:25:58 +0100

Narrowing the gap: improving educational outcomes for looked after children
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The National Commissioning Framework: a new marketplace in further education

scameron — Mon, 01 Mar 2010 16:56:52 +0000

Why are local authorities being given responsibility for further education?
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Changes in the charitable status of Academy Trusts

scameron — Fri, 08 Jan 2010 12:59:51 +0000

What are Academy Trusts?
An Academy Trust is a charitable company limited by guarantee which operates an academy. The Academy Trust is run by a board of governors who set the curriculum and admissions policy, employ the staff, appoint the head teacher etc. Some academies have their own Academy Trust; other academies share an Academy Trust.
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How the General Teaching Council regulates the teaching profession

scameron — Mon, 16 Nov 2009 17:19:51 +0000

What is the GTCE?
The GTCE is the professional body for teaching in England (Scotland, Wales and Northern Ireland have their own equivalent bodies). Its overall purpose is to work in the public interest to improve standards of teaching and learning. It regulates the teaching profession and holds a register of teachers. All teachers in maintained schools, PRUs and non-maintained special schools must be registered with the GTCE. There are approximately 540,000 teachers currently on this register.
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The Independent Safeguarding Authority – the current position

scameron — Mon, 05 Oct 2009 14:54:35 +0100

With the ISA taking on greater responsibility for vetting and barring from 12 October 2009, the press has been full of comment and complaint about the far-reaching tentacles of this new regulatory body.
What is the Independent Safeguarding Authority?
The Independent Safeguarding Authority (ISA) was created following the government’s adoption of the recommendations set out in the Bichard Report. The report stemmed from the inquiry into the tragic deaths of Holly Wells and Jessica Chapman in Soham in 2002.
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ContactPoint

scameron — Wed, 01 Jul 2009 12:06:14 +0100

ContactPoint is set to be introduced very soon. Since January 2009, important progress has been made. Seventeen early adopter local authorities in the north west of England, along with leading national charities Barnardo’s and KIDS, now have trained management teams in preparation for practitioners to start to use the system. Dai Durbridge looks at the reasons for the creation of ContactPoint and the impact it will have upon education.
What is ContactPoint?
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Partisan political view in the classroom

scameron — Mon, 22 Jun 2009 14:49:04 +0100

QUESTION: May political views ever be promoted or presented in the teaching of a subject in a school?

ANSWER: In Dimmock v Secretary of State for Education and Skills [2008] ELR 98, the Secretary of State decided to distribute to every state secondary school in the UK a copy of the former US vice president Al Gore's film, An Inconvenient Truth, a film about ‘the dangers’ of climate change. With the film came reference to a guidance note on a website.
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Sexual relations with pupils over 16

scameron — Thu, 23 Apr 2009 12:19:08 +0100

Chris Keates, general secretary of the National Association of Schoolmasters Union of Women Teachers (NASUWT), said recently that teachers should not face jail for having sex with pupils who are over the age of consent. Keates made the comment in an interview for the Tonight programme broadcast at the beginning of October. This comment was viewed as outrageous by the child protection community and a dangerous comment for a person in Keates’ position to make. Some organisations called for her resignation and broadsheet newspapers’ websites received scores of comments.
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Protecting students on work placements

scameron — Mon, 20 Apr 2009 09:26:36 +0100

Work placements are an important part of the 14-19 education and skills agenda, viewed by most as a key learning activity for young people, providing them with an opportunity to enrich their education. However, there is some confusion as to the steps required to ensure the placements are vetted in accordance with current guidance. Dai Durbridge seeks to clarify the position.
Are work placements regulated by law and supported by guidance?
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Transport for pupils with SEN

scameron — Fri, 20 Mar 2009 16:55:13 +0000

QUESTION: What steps should a local authority take in arranging transport for pupils with SEN?
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Your legal responsibilities to international students

scameron — Fri, 20 Mar 2009 14:22:56 +0000

The Government recognises the value of students from abroad to our culture and economy
— in June 1999 it launched an initiative to encourage students to come to the UK. Each year international students are a significant source of income, bringing in approximately £2.5 billion to the UK economy in tuition fees alone, and an overall estimated contribution of £8.5 billion.
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Local authority powers: improving schools

scameron — Thu, 19 Mar 2009 17:15:48 +0000

The Education and Inspections Act 2006 gives local authorities a key role in promoting high standards of education. It also provides the legal framework for local authorities and the Secretary of State to intervene in schools causing concern.
Such intervention, or at least the threat of it, plays a crucial role in leading to the improvement of schools by motivating school staff and allowing schools to take early action when necessary.
But despite the existing powers to intervene, the Government has proposed further measures.
This article analyses:
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Exclusion and reintegration: legal update

scameron — Thu, 19 Mar 2009 16:30:58 +0000

The DCSF has introduced revised exclusions guidance, which came into force from 1 September 2008 — ‘Improving behaviour and attendance: guidance on exclusion from schools and Pupil Referral Units 2008’.
It is not a major revision, but as usual, the devil is in the detail. This article will review the main changes that schools need to be aware of.
Pupil referral units
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School trips and risk assessment

scameron — Wed, 25 Feb 2009 15:42:48 +0000

The new school year has brought with it a flurry of press reports about the benefits to children of play time and adventure. We are told that children benefit from outside play, and that wrapping them in cotton wool is creating a risk-averse generation that struggles to deal with challenges.
Nowhere is this more relevant for education professionals than in school trips, where outings are dropping because of overly bureaucratic health and safety rules, and a fear of prosecution if something goes wrong.
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When can a religious student be exempt from uniform policy?

scameron — Wed, 25 Feb 2009 15:15:22 +0000

Fortinbras, in Hamlet, goes to war over ‘a little patch of ground that hath in it no profit but the name.’ In the recent case of Watkins-Singh, which reached the High Court, war broke out between a school and one of its pupils over a plain steel bangle about 5 millimetres wide. The bangle was a Sikh Kara, which is worn by Sikhs as a sign of their identity and faith.
The Kara did not meet the uniform requirements of the school, which stipulated that no jewellery other than a wrist watch and one pair of plain metal studs in the ear were permitted.
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Independent schools: contracts and credit control policy

scameron — Tue, 24 Feb 2009 17:13:44 +0000

On 31 July 2008, the Times reported that the independent girls’ school Wentworth College had been put into administration. The school, which is over 100 years old, apparently had its funding withdrawn by its bank and was forced to close.
Independent schools, like many commercial ventures, face difficult times ahead as a combination of rising food and fuel costs and a shortage of lending put financial pressure on parents and schools alike. When parents struggle with cash flow, unfortunately the problem often filters through to the providers of private education.
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LA powers to intervene in schools causing concern

scameron — Mon, 23 Feb 2009 14:54:39 +0000

Schools causing concern have been in the news recently as a result of the government’s controversial National Challenge Initiative. The Education and Inspections Act 2006 (the 2006 Act) gave LAs a key role in promoting high standards of education and provides a legal framework for LAs and the secretary of state to intervene in schools causing concern. Further power and responsibilities of intervention are to be contained in the Education and Skills Bill.
When do LAs have the power to intervene?
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Obligation to educate Gypsy, Roma and Traveller children

scameron — Wed, 28 Jan 2009 18:12:02 +0000

QUESTION:
How should their educational needs be balanced against those of the community at large?
ANSWER:
The case of Hughes v The First Secretary of State and South Bedfordshire District Council [2007] ELR 1, CA looked at this question.
Mr Hughes was head of one of four Traveller families who bought a site for their caravans. The site, in the green belt, was subject to stringent planning restrictions.
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Educating sex offenders: a school's duty

scameron — Wed, 28 Jan 2009 17:37:18 +0000

There is much concern over sex offenders working in schools. But there are in fact more sex-offender pupils in schools than there are sex-offender adults. So head teachers must focus not only on safe recruitment, but also on the need to create a safe environment where they have pupils who are sex offenders in their school.
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Using PFI to build at your school

scameron — Wed, 28 Jan 2009 16:20:38 +0000

Anyone who works in schools and colleges will know that much of the country’s infrastructure of education sector buildings is dilapidated after long-term public sector under-investment. Yet the education sector is also the subject of various ambitious improvement schemes, many of them derived from the Every Child Matters agenda.

With a growing awareness that there is a correlation between children’s welfare, academic progress and the school environment, the need for wholesale revitalisation of school buildings has become a priority.
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Advice on how to use necessary force with a pupil

scameron — Wed, 28 Jan 2009 15:28:29 +0000

Deciding how to use force
Passive intervention
If attempts to avoid the use of force or avert a difficult situation have failed, then the teacher or staff member may wish to attempt a passive intervention. For example, if two younger pupils are fighting, it may be that simply stepping between them will be enough to bring the situation to a halt.
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School uniforms and religious symbols

scameron — Mon, 19 Jan 2009 10:36:44 +0000

In recent years a number of schoolgirls have brought legal challenges against their schools when they have been prevented from wearing items related to their religious faith. The items in question have included the Jihab, the Niqab veil and a purity ring. Each of these actions has been founded on an alleged breach of the pupil’s human rights and all of these claims have failed.
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Academies: legal issues

scameron — Mon, 12 Jan 2009 09:33:38 +0000

What legislation is applicable to an academy?
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Exclusion: how to write the decision letter

scameron — Mon, 15 Dec 2008 13:26:01 +0000

QUESTION:
How much detail is required, and how should the decision be expressed?
ANSWER:
The case of R (T) v Independent Appeal Panel for Devon County Council and the Governing Body of X College [2007] ELR 499 concerned a boy, T, 15, who began to attend X College, a mainstream secondary school, in 2002. An NHS medical officer diagnosed him with Asperger's Syndrome, a form of autism that causes an impairment of social interaction.
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SENCOs working within the law

scameron — Mon, 15 Dec 2008 10:09:20 +0000

A teacher’s legal duties used to be summarised as being ‘in loco parentis’ – literally acting as a responsible parent. Nowadays, however, it’s slightly more complicated. With more legislation in place to ensure equal rights and to protect vulnerable children, you need to be aware of the law and understand where conflict can arise.

The key laws dealing with special educational needs and disability are the 1996 Education Act and the 2001 SEN and Disability Act (SENDA). Areas with legal implications particularly relevant to SENCOs include:
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Understanding parents' and schools' responsibilities towards excluded pupils

scameron — Fri, 12 Dec 2008 11:31:12 +0000

From September 2007 new law and revised statutory guidance on exclusions came into force. The new law, Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units:
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When can you use force to control and restrain a pupil?

scameron — Thu, 11 Dec 2008 10:36:27 +0000

THE DCSF introduced updated guidance in November 2007 on the use of force to control or restrain pupils. This guidance replaces DFES Circular 10/98. The guidance applies to all schools in England and Wales.
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Education employment law: statutory leave and pay entitlements

scameron — Fri, 05 Dec 2008 16:02:10 +0000

One of the defining features of the last 11 years of New Labour government has been its apparent commitment to, and promotion of, measures designed to encourage a work-life balance and to facilitate what is termed a family friendly working environment.
‘Good’ employers, therefore, have taken the view that the remuneration and benefits package should in some way exceed the statutory minimum requirements in terms of leave and pay.
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Disability discrimination in schools

scameron — Tue, 18 Nov 2008 09:42:19 +0000

An increasing number of schools are finding themselves the subject of legal challenges to either independent exclusion appeals panels or Sendist allegations of discrimination against a pupil on the grounds of a disability. The law relating to disability discrimination is complex and frequently seems impenetrable, and recourse to legal advice is often recommended. Moreover, recent case law is likely to assist the schools to successfully defend more of these challenges.
Since when has disability equality law affected the education sector?
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Legal consent: when and how is it needed at school?

scameron — Mon, 10 Nov 2008 10:28:41 +0000

Can a parent always give consent on behalf of their child?
The short answer to this question is no. However, whether you need a parent/guardian’s consent, a child’s consent, or both, will depend on the activity involved, the age of the child, their maturity and their ability to provide informed consent.
When can a child consent to medical treatment?
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Legal case notes: Interviewing children in court

scameron — Tue, 04 Nov 2008 14:23:59 +0000

Re: M (children)(interviewing children) [2008] 1 FCR 787
The facts
A local authority began care proceedings in respect of four children; twins (a boy and a girl) aged 12, a boy aged 10, and a boy aged six. During the course of the proceedings they were examined by a number of experts. The judge found that their father had been responsible for serious assaults on two of the boys, as a result of which both parents were charged with criminal offences of assault and cruelty.
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When can parents educate their children at home?

scameron — Mon, 03 Nov 2008 11:09:07 +0000

QUESTION:
When can parents educate their children at home?
ANSWER:
The case of Konrad and Others v Germany [2007] ELR 435, a European Court of Human Rights case, considered this question. The parents belonged to a Christian community and objected to their children's attendance at school which, by State law, was compulsory.
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Guide to school employment tribunals

scameron — Thu, 30 Oct 2008 14:40:56 +0000

Most employment claims are heard in the employment tribunals. The process can be daunting for those involved, whether they are legally represented or not. The tribunal is more informal than the civil courts, but increasingly regulated.

Those who properly engage in the litigation process at an early stage are more likely to succeed — or at least to minimise cost and management time. This article is a guide to tribunal procedure — to allow your school, if faced with a claim, to engage as successfully as possible.

The claim

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Dealing effectively with cyberbullying

scameron — Tue, 28 Oct 2008 15:48:23 +0000

Bullying is always an emotive subject. It is getting worse according to the latest research conducted by Ofsted, as published in its report, Children on Bullying. One may argue whether this is a question of fact or whether greater publicity means it is talked about more. Regardless, school bullying already claims the lives of about 20 teenagers a year, while thousands more suffer physical and psychological torment. What is clear is that the emergence of cyberbullying means there is no longer any safe haven from its effects.
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SEN delegated funding vs. statements

scameron — Tue, 28 Oct 2008 11:52:09 +0000

The law on assessment and statementing has changed very little since 1981. Local authorities (LAs) should identify, assess and, where necessary, provide statements for pupils with the most severe learning difficulties.

The theory

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Role of the SENCO: legal developments

scameron — Mon, 27 Oct 2008 11:01:10 +0000

SENCO status was first defined in the special educational needs code of practice (1994). This document listed the responsibilities of SENCOs. These included:
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Safe internet usage at school

scameron — Mon, 27 Oct 2008 09:52:47 +0000

Following the Byron Report in March 2008, a new government body has recently been launched to oversee child internet safety. The UK Council for Child Internet Safety (UKCCIS) is going to be responsible for implementing the Report’s recommendations, including delivery of e-safety through the curriculum and ensuring that teachers receive the training they need for safe use of the internet. This makes it timely to review schools’ legal obligations in this area.

The internet in schools: protecting pupils and staff
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Accidents at school: liability in terms of supervision

scameron — Fri, 24 Oct 2008 12:06:54 +0100

In the latter half of 2008, the courts dealt with a trilogy of cases on the liability of supervisors when a child in their care was injured. What is especially notable about these cases is that in each, a decision of the High Court was later overturned by the Court of the Appeal.

In this two-part feature, we will look at why these decisions were reversed and at their implications for teachers and school support staff.

In this article, we explore the facts of the three cases; the effect of the Compensation Act 2006; inherent risk; and the nature of supervision.
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Independent Safeguarding Authority: a new vetting and barring system

scameron — Fri, 10 Oct 2008 09:38:04 +0100

The new vetting and barring scheme, involving the Independent Safeguarding Authority (ISA), replaces the current List 99, PoCA, PoVA and Disqualification Orders regimes. Legal Expertise discusses.
Why do we need a new vetting and barring scheme?
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School websites: how to protect your pupils and your schools

scameron — Mon, 29 Sep 2008 10:35:48 +0100

School websites can be a dynamic and creative method of communication between a school, its pupils, staff and the wider community. Websites can serve a wide purpose - from promoting the school to prospective parents and staff, to a gallery for pupils’ work, a resource for teaching and learning, or to assist in recruitment. However, this range of exciting opportunities is mirrored by the equally wide range of legal risks that can apply to a website. So how does a school ensure that its website does not inadvertently break the law, or compromise the safety and privacy of its pupils?
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Legal case notes: Risking painful treatment to improve a child's life

scameron — Tue, 16 Sep 2008 11:51:55 +0100

NHS Trust v A [2008] 1 FLR 70, [2008] 1 FCR 34, Holman J
The facts
A six-month-old baby girl suffered from haemophagocytic lympho-histiocytosis (HLH), a genetic defect in the immune system which causes a viral infection to trigger an abnormal and massive overproduction of the body’s scavenger cells, which then invade and literally eat into vital organs such as the liver, bone marrow and brain. She lived happily at home in a loving, caring and devoted family, but without treatment would die within a year or so.
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Legal aspects of The Children’s Plan

scameron — Mon, 08 Sep 2008 12:53:00 +0100

The Children’s Plan was announced by the Department for Children, Schools and Families (DCSF) in December 2007. The plan is described as a long-term vision designed to improve schools and change the way parents and families are supported in the upbringing of their children. Ceri-Sian Williams of Browne Jacobson considers the impact this will have on schools.

What is the Children’s Plan?
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Would you use force on a pupil?

scameron — Sat, 30 Aug 2008 12:21:45 +0100

What power does the Act give to teachers to use force?
As with confiscation, Parliament set out the rules on the use of force in one short part of the Education and Inspection Act 2006.

One point needs to be made clear: this is not a return to corporal punishment. Corporal punishment is and will remain unlawful, and the new Act reiterates this and confirms that staff members cannot use force as a punishment. Instead the use of force is allowed to stop a pupil:
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Would you confiscate a student's property?

scameron — Sat, 30 Aug 2008 12:21:44 +0100

In response to the public perception that pupil behaviour had deteriorated and that steps needed to be taken to redress the balance in favour of the teacher, the government passed the Education and Inspection Act 2006, which included the powers for teachers to confiscate pupil property.

Now that those provisions of the Act have been in force for over a year, Dai Durbridge considers the extent to which teachers are using them and whether they have had a positive impact.

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School trips: responsibility and liability

scameron — Sat, 30 Aug 2008 12:21:43 +0100

As a teacher, do I have personal responsibility for events that take place on school trips and visits?
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Using biometric data in schools

admin — Sat, 30 Aug 2008 12:21:41 +0100

What is biometric technology?

Biometric technology describes the range of technologies used to measure, analyse and record one or more of a person's unique characteristics, such as fingerprints, iris patterns or voice. This technology is generally used to support business processes that require confirmation of identity.
How can this technology be used in schools and what are the potential benefits?
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Guidance on the ContactPoint directory

admin — Sat, 30 Aug 2008 12:21:40 +0100

Education Questions and Answers

What is ContactPoint?
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