Proposed changes directly affecting schools
Weak schools and warning notices
The Government wants local authorities to make more use of warning notices, in which they can demand that schools tackle weak performance before it escalates into failure, moving on to make it take advice or support, take over its budget, parachute in new governors or impose an interim executive board.
The Department for Children, Schools and Families believes warning notices are not used enough. This means, it says, that too many schools are placed in special measures or given notice to make significant improvement, which makes the process longer and more expensive.
The Bill will give the Secretary of State powers to direct LAs to consider issuing a warning notice if standards at a school are considered unacceptably low. This definition will be widened to include pupils’ progress in relation to expected levels – in other words, schools deemed to be “coasting” may find themselves targeted for improvement.
The Secretary of State will be able to appoint additional governors or replace a governing body with an interim executive board once a warning notice has been issued.
The Secretary of State will also be able to require that local authorities utilise advisory services if they have a “disproportionate number” of schools where standards are unacceptably low and have failed to make improvements.
Pupil Referral Units
Local authorities will be able to intervene in failing PRUs in the same way as with mainstream schools. There must be a specified alternative to replace failing units, and a competition to replace them. PRUs will be renamed, possibly becoming Prospect Schools.
Behaviour and Attendance Improvement Partnerships
All secondary schools, including academies, will have to be part of a behaviour and attendance partnership. In practice, 98 per cent of secondaries already belong to a voluntary partnership.
Using force in schools
If pupils have to be controlled or restrained using force the school must record the incident and report it, if significant, to the child’s parents. The circumstances under which force can be used are: where the pupil is endangering him/herself or others, or to prevent injury, damage to property or serious breaches of school discipline.
Powers to search for alcohol, drugs, and stolen property
This is an extension of the current power to search pupils for weapons, and it is likely to be used with extreme caution, if at all. The NAHT does not think teachers should be conducting such searches.
Inspection arrangements for good and outstanding schools
Ofsted intends to inspect these schools every six years, rather than the current three. It also intends to publish a data-based “health check statement” in between full inspections to provide up-to-date information on progress in good and outstanding schools. There are likely to be extra safeguards built into the health checks since the revelation that incorrect data helped Haringey child protection services get a good rating last December, an assessment heavily revised by Ofsted in the wake of the Baby P court case.
Pay and conditions
Schools which do not comply with the School Teachers’ Pay and Conditions document can be sent a compliance notice (similar to a warning notice) by their LA, and can also be directed to do so by the Secretary of State. If the school still does not comply, local authorities will have the power to intervene.
Support staff will get a new negotiating body which will negotiate and agree a framework for all English schools to use when determining pay and conditions.
Parental complaint services
Improving the current services, as promised in the Children’s Plan, is one aspect of the Bill currently out for consultation. Areas under review are: how complaints are handled at school level; the use of mediation to resolve disagreements at an early stage; and the possibility of new arrangements to consider complaints which cannot be settled at school level.
Apprenticeships
All school pupils will be fully informed about apprenticeships, and all suitably qualified young people will be entitled to an apprenticeship place.
Children’s Services
The duty to co-operate to promote children’s wellbeing is being extended to include all maintained schools, academies, FE and sixth-form colleges. Children’s Trust boards will become statutory and be obliged to prepare and monitor a strategic Children and Young People’s plan.
Changes affecting local authorities
Many changes to the role of local authorities arise as a direct result of the rise in the school/training leaving age to 18 in 2014.
From 2010 LAs will be responsible for commissioning and funding all education and training for all under-19s, making them the lead for all strategic children’s services.
They will have to work with neighbouring authorities to ensure plans are coherent and cater for students and pupils who may travel to school or college. The LAs will agree plans with sub-regional and regional planning groups, which will then be checked by a new, “streamlined” body, the Young People’s Learning Agency.
The YPLA will support planning and commissioning, manage the national funding formula, and provide data and analysis. It will ensure that all local plans fit together and are affordable, and provide the funding. It can also intervene if the LA is failing to meet its commitments.
Local authorities will also become responsible for commissioning and funding the education of young people in juvenile custody in their areas. Again, they will have to collaborate to develop plans which will then be checked by the YPLA to ensure a national standard. The young offender’s “home” LA will also have a duty to promote their educational attainment.
Sixth-form colleges will now get their own legal definition and a closer relationship with their local authority than further education colleges.
Changes to national organisations
Ofqual, which exists in interim form as an independent regulator of qualifications and assessment, will be set up on a formal basis with new powers. The Qualifications and Curriculum Authority will become the Qualifications and Curriculum Development Agency, and will develop the curriculum and related qualifications, advising ministers. It will also deliver national curriculum and early years assessments.
The post-19 sector will be funded by the Skills Funding Agency, which will get improved advice and support from the Adult Advice and Careers Service, National Employer Service and National Apprenticeship Service.
Changes affecting adults
It will no longer be possible to write off a student loan by entering into an individual voluntary agreement (a time-limited payback arrangement made between a debtor and creditors).
All employees will have to right to request time off for training, which must be considered carefully but can be declined for good business reasons. There is no obligation for employers to pay for training or salary during training.
