Academy and General Education Update February 2011

Key Notes for Heads, Governors and Business Managers

Academy Update

• To convert or not to convert?
• Changes to academy conversion deadlines
• Proposed extension of the academies programme

• Safeguarding - the Interim Munro Report, Vetting and Barring
• New Equality Duties
• Designated Teaching Schools
• Publication of the Education Bill 2011
• Little Gossip - Reputation, Reputation, Reputation!

This update provides a short overview of recent developments in the sector.  If you would like to discuss any of the issues considered in this briefing, or if you would like a free consultation, please contact:

Helen Tucker
T: +44 (0)117 321 8078
h.tucker@ashfords.co.uk

Academy Update

To convert or not to convert?

That is the question on the minds of many of those involved in running schools.  Given the lack of certainty, particularly in terms of ongoing funding levels, many schools remain unsure as to whether conversion represents their best option for the future.  For some, the extra slice of direct funding tips the balance in favour of change.  Another key factor is the service the school considers they receive from their local authority.  However, even where services are well regarded, there is a concern that, as further schools convert, service levels may diminish to the point where they simply cannot be sustained at all. With a potential service deficit ahead, schools are increasingly looking to each other for more creative ways to work collaboratively; for example, in relation to the procurement of services and sharing resources. 

Changes to academy conversion deadlines

The Department for Education has confirmed that schools who missed the 1st April conversion deadline (applications were due by 14th January) can continue to convert on a monthly rolling basis, with conversion taking effect on the first day of the month.  Previously the Department advised that April would be the last monthly conversion date; this had resulted in some schools feeling under pressure to convert very quickly, to secure the funding amounts guaranteed for this academic year.  However, due to the level of demand from schools, the Department has decided to continue with the monthly model. The application deadlines for conversion on 1st April and 1st May have now passed, the further deadlines for applications are:

• 9th March for conversion on 1st June
• 8th April for conversion on 1st July
• 11th May for conversion on 1st August
• 10th June for conversion on 1st September

For information on our fixed fees for assisting schools through the conversion process, please contact Helen Tucker.

Proposed further extension of the academy programme

The Education Bill proposes that all new schools will be presumed to be academies or free schools, and intends to further roll out the programme to include sixth form colleges, special schools and PRU's.  The Bill (if it becomes law in its present form) would remove the requirement for converting schools to have a subject specialism, and would allow individual schools that are part of a federation to convert without the consent of the federation's governing body (although this could, of course, damage the relationship). 

Education Update

Safeguarding - Interim Munro Report / Vetting and Barring

On 1st February 2011 Professor Munro published the interim findings of her review of child protection arrangements, with a focus on whether the administrative burden of safeguarding had become a ‘tick box’ exercise, more effective in inspection compliance than safeguarding children.  The report considers whether this can result in those working with children having less direct contact time, a false sense of security where checks are complete, and a reluctance to follow their intuition.  Professor Munro emphasises the complex nature of child protection, and the importance of professionals developing and exercising judgement when issues arise.  It is clear that safeguarding will remain a firm focus of the school inspection framework.  However, we can expect some rationalisation of the procedural requirements and the guidance set out in ‘Working Together’, with an increased emphasis on outcomes and effective inter-agency working. The extent of any changes will not be clear until Professor Munro’s final report, which is anticipated in April.  We also understand that the Home Office is due to make an announcement following the review of the Vetting and Barring Scheme, anticipated to scale back the extent of the checks initially set out by the scheme. 

New Equality Duties

Many provisions of the Equality Act 2010 have been in force since October. April 2011 will bring in further provisions, including the public sector equality duty. This requires public bodies (including maintained schools and academies) to consider and publish what they are doing to tackle inequality.  This duty takes effect from 6th April 2011.  From this time schools should start to carry out an equality analysis, although they have until 31st December 2011 to start publishing equality data (to be updated at least annually), and until 6th April 2012 to publish equality objectives.  Guidance on the new duties can be found on the Equality and Human Rights Commission website.  The provisions of the Equality Act which extend the duty on schools to make reasonable adjustments to include the provision of 'auxiliary aids and services' to disabled pupils remain under consideration. This duty could potentially place a significant financial burden on schools, but is not due to come into effect until after consultation on implementation and approach.

Designated Teaching Schools

Further to the Education White Paper, the National College, in partnership with the Training Development Agency, are leading a new project for the designation of 'teaching schools'.  An initial consultation is underway, and it is anticipated that schools will be able to apply in the Summer Term for designation from September.  It is intended that teaching schools will provide specific training to others; for example, Initial Teaching Training and Continued Professional Development.  There are clear advantages on both sides of any form of peer collaboration, particularly in developing skills and best practice. However, schools offering the service will need to ensure they can properly support the level of input required, and be prepared for communications with the wider school community, who may have concerns regarding the impact on school resources.
 
Publication of the Education Bill 

The Education Bill was published on 27th January, and provides for the implementation of many of the proposals set out in the Education White Paper.  For example, in relation to behaviour and discipline, the Bill proposes additional powers for staff to search pupils, for detention to be given without notice, and would remove the right of exclusion appeal panels to require reinstatement of an excluded pupil. 
 
Little Gossip - Reputation, Reputation, Reputation

Some schools and colleges have recently been affected by the launch of the American website 'Little Gossip', which enables anyone to publish comments about named individuals (e.g. staff or pupils) on the site, searchable by the name of the college. The site owners have now removed many schools from the site, and say they will remove references to under 18's.  The site contains many personal comments, which visitors to the site can then rate as true or false. There may be implications for schools in terms of access to the site, the ICT Code of Conduct and E-safety policy, anti-(cyber)bullying and disciplinary policies, privacy and defamation, employment duties to affected staff, and, importantly, reputation management.  Ashfords has a department specialising in defamation, privacy and reputation management.  Increasingly, the department's work in relation to the internet has been directed at assisting clients in taking effective steps to have offending material removed.  The action required may not be straightforward, particularly in cases where the website hosting the damaging material is registered abroad in a country where English law does not apply.  We are happy to provide initial advice without committing you to incur fees with us.  If you need advice in this area, please contact David Beadel or Laura Tyrrell, whose contact details are:

David Beadel
T: +44 (0)1752 526005
d.beadel@ashfords.co.uk

Laura Tyrrell
T: +44 (0)1392 333995
l.tyrrell@ashfords.co.uk

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