What the Department of Education says:
'Any school can apply to join an existing academy trust. In addition, any group of schools, regardless of their individual Ofsted ratings, can apply in partnership to join the academy programme as long as at least one of the member schools is outstanding or good with outstanding features. The schools do not have to already be in a federation before applying. Each application will be considered on its merits, and the Secretary of State will only approve those where he is satisfied the schools have the capacity to enjoy academy freedoms and there are appropriate accountability mechanisms in place to support weaker schools to improve.'
James Hargrave (@onlygeek) on twitter on his recent blog 'James blog' talks potential models for Chains of Academies.
http://blog.hargrave.org.uk/2011/03/governance-models-for-chains-of.html
He explains the Chain models of Multi-academy Trust, Umbrella Trust and Informal collaboration
Any school can join a chain irrespective of their own Ofsted rating
Each Governing Body needs to pass a separate resolution
Needs to be at least one Outstanding or GWOF school in the chain
Other schools can join later although they won’t have a say on governance model if they do
Need to have appropriate arrangements to support “weaker schools”
Each school gets the £25k “support grant”
Schools can share expertise and some set up costs
Schools decide the model of governance that suits their chain
Multi Academy Trust
Schools form a single multi-academy trust which has overall responsibility
Master funding agreement with the multi-academy trust
Supplemental funding agreements with each individual school
Each school has own Governing Body
Each school has representation on the Trust Board
Powers “delegated” to individual GBs by the Trust Board
This is most like a “mini LA”
Umbrella Trust
A company formed by the schools that form the chain of academies
Has a relationship with each school but does not manage schools
Each school has its own academy trust, and each individual academy trust in the chain (not the
umbrella trust) will have its own funding agreement
This model gives schools greater independence and is very flexible
Where there are performance issues with a school the umbrella trust could appoint most governors of that school
Informal Collaboration
Schools can form looser less formal partnership links
This gives the most flexibility but less structure
Would need to ensure Secretary of State of arrangements to support any weaker schools before he will agree
But not everyone thinks Chains of Academies are a great idea.
Notable opponents include John Burn OBE an ex Head of an Academy who is pro Academy but anti Chains. His submission to the Education Bill committee can be found here.
http://www.publications.parliament.uk/pa/cm201011/cmpublic/education/memo/e59.htm
John's main points being that the Education Bill allows:
Chains of Academies controlling and acquiring individual Academies in a way which results in individual academies having fewer operating freedoms than ordinary maintained schools;
Chains of Academies acquiring schools from other Federations without prior consultation with the staff, parents and communities concerned;
Chains of Academies creating centralised bureaucracies which are imposed upon their schools and paid for by siphoning money away from those schools; and
Chains of Academies escaping proper scrutiny and accountability through exemption from any form of inspection of the central body.
Richard Hatcher writes about 'the dangers of branded chains of schools' for the Anti Academy Alliance
http://www.antiacademies.org.uk/Home/literature/articles/thedangersofbrandedchainsofschools/Thedangersofbrandedchainsofschools.pdf?attredirects=0&d=1
The National College gave some thought on the matter in 2010 with the paper 'Chain reactions: a thinkpiece on the development of chains of schools in the English school system' written by Robert Hill.
It can be downloaded here http://www.nationalcollege.org.uk/index/docinfo.htm?id=63281
This report asks some good questions with lots of background information and case studies. It is well worth a read.
Other concerns include Charities or business creating Super Chains of Academies which could be far bigger than the Local Authorities they replace. One example is E-ACT (http://www.e-act.org.uk/) which is claimed could run as many as 250 schools within five years.
http://www.tes.co.uk/article.aspx?storycode=6073399
Links:
Department of Education Academy Chains FAQ
http://www.education.gov.uk/schools/leadership/typesofschools/academies/academiesfaq/a0068041/academy-chains-faqs/
Would like to hear other views on Chains of Academies both for and against
Wednesday, 6 April 2011
Tuesday, 5 April 2011
The Public Sector Equality Act 2010 came into force today
The Equality Act 2010
School Governors should be aware that the new Public Sector Equality General Duty comes into force on April 5th 2011.
The specific duties which were to commence on April 6th in England will not now become law on that date. The Government Equalities Office and Equality and Human Rights Commission will publish updates on their websites.
The general duty in the Act introduces a single equality duty on public bodies, including all schools, which is extended to include all the ‘protected characteristics’ – race, disability, sex, age, religion or belief, sexual orientation, pregnancy and maternity, and gender reassignment.
In carrying out their duties schools will be required to have due regard to the need to:
Eliminate conduct that is prohibited by the Act
Advance equality of opportunity between people who share a protected characteristic and people who do not
Foster good relations across all characteristics – between people who share a characteristic and those who do not
Where schools are concerned, age is a protected characteristic in considering duties as an employer but not in relation to pupils.
Advice from the Department of Education to school leaders, staff, governing bodies and local authorities dated January 2011 is available at:
http://www.education.gov.uk/schools/pupilsupport/inclusionandlearnersupport/inclusion/equalityanddiversity/a0064570/the-equality-act-2010?cid=homepage&pla=17Jan11&type=htlist
The intention from the DfE was for the advice to be reviewed before April but at the time of writing nothing new has been released.
A draft Code of Practice for schools is available for consultation until April 22nd at:
http://www.equalityhumanrights.com/legal-and-policy/equality-act/equality-act-consultations/
Actions Required:
Ensure school staff and governors are aware of the new public sector equality general duty.
Ensure policy and practice shows due regard to the single equality duty to eliminate prohibited conduct, advance equality of opportunity and foster good relations.
School governors should be prepared for imminent announcement on specific duty.
Advice taken from & Thanks to Norfolk County Council & Norfolk Governors' Network (NGN)
https://csapps.norfolk.gov.uk/csshared/ecourier2/misheet.asp?misheetid=17280
School Governors should be aware that the new Public Sector Equality General Duty comes into force on April 5th 2011.
The specific duties which were to commence on April 6th in England will not now become law on that date. The Government Equalities Office and Equality and Human Rights Commission will publish updates on their websites.
The general duty in the Act introduces a single equality duty on public bodies, including all schools, which is extended to include all the ‘protected characteristics’ – race, disability, sex, age, religion or belief, sexual orientation, pregnancy and maternity, and gender reassignment.
In carrying out their duties schools will be required to have due regard to the need to:
Eliminate conduct that is prohibited by the Act
Advance equality of opportunity between people who share a protected characteristic and people who do not
Foster good relations across all characteristics – between people who share a characteristic and those who do not
Where schools are concerned, age is a protected characteristic in considering duties as an employer but not in relation to pupils.
Advice from the Department of Education to school leaders, staff, governing bodies and local authorities dated January 2011 is available at:
http://www.education.gov.uk/schools/pupilsupport/inclusionandlearnersupport/inclusion/equalityanddiversity/a0064570/the-equality-act-2010?cid=homepage&pla=17Jan11&type=htlist
The intention from the DfE was for the advice to be reviewed before April but at the time of writing nothing new has been released.
A draft Code of Practice for schools is available for consultation until April 22nd at:
http://www.equalityhumanrights.com/legal-and-policy/equality-act/equality-act-consultations/
Actions Required:
Ensure school staff and governors are aware of the new public sector equality general duty.
Ensure policy and practice shows due regard to the single equality duty to eliminate prohibited conduct, advance equality of opportunity and foster good relations.
School governors should be prepared for imminent announcement on specific duty.
Advice taken from & Thanks to Norfolk County Council & Norfolk Governors' Network (NGN)
https://csapps.norfolk.gov.uk/csshared/ecourier2/misheet.asp?misheetid=17280
Monday, 4 April 2011
New guidance for School Governors on behaviour and discipline in schools
New guidance from Department of Education today clarifies powers of teachers to search students and use force.
More than 600 pages of guidance has been cut down to 50
Top headteacher Charlie Taylor from Willows School given new role in Department for Education to improve discipline in Schools.
The Government’s new guidance is 50 pages long. It sets out the roles and responsibilities for governing bodies, headteachers and teachers regarding behaviour and discipline.
The new guidance clarifies teachers’ powers. It makes clear the following:
Schools should not have a ‘no touch’ policy. It is often necessary or desirable for a teacher to touch a child (e.g. dealing with accidents or teaching musical instruments).
Teachers have a legal power to use reasonable force. They can use force to remove a pupil who is disrupting a lesson or to prevent a child leaving a classroom.
Heads can search for an extended list of items including alcohol, illegal drugs and stolen property.
Heads have the power to discipline pupils who misbehave outside the schools premises and outside schools hours.
The guidance also protects teachers from malicious allegations and strengthens their authority in the classroom. It makes clear:
Heads can temporarily or permanently exclude pupils who make false allegations. In extreme circumstances they may even press criminal charges against the pupil.
The default position should be to assume the teacher has behaved reasonably unless a complainant can show that a teacher has behaved unreasonably.
Schools should not automatically suspend teachers accused of using force unreasonably.
All but the tiny number of the most complex cases should be resolved within three months and the vast majority should be resolved in four weeks.
Malicious allegations should not be included in employment records.
The new Education Bill going through the Commons now will also:
Extend powers to search pupils for any items that are banned by school rules such as mobile phones.
Stop appeals panels sending excluded children back to the school from which they were excluded.
Give teachers anonymity when facing allegations.
Remove the requirement on schools to give parents 24 hours notice of detention.
BEHAVIOUR AND DISCIPLINE IN SCHOOLS GUIDANCE FOR GOVERNING BODIES
1. This is statutory guidance from the Department for Education. It explains why maintained schools must have a behaviour policy, what it must cover and the role of the governing body and head teachers in shaping their school’s behaviour policy.
2. We use the term ‘must’ when the person in question is legally required to do something and ‘should’ when advice is being offered.
3. This guidance replaces chapter 2 of ‘School discipline and pupil behaviour policies – guidance for schools’.
WHAT LEGISLATION DOES THIS GUIDANCE RELATE TO?
Education and Inspections Act 2006
Key Points
• Every school must have a behaviour policy (which must include the school rules).
THE ROLE OF SCHOOL GOVERNORS
1. Under Section 88(1) of the Education and Inspections Act 2006 (EIA), governing bodies must ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.
2. Section 88(2) of the EIA requires the governing body to:
a. make, and from time to time review, a written statement of general principles to guide the head teacher in determining measures to promote good behaviour and discipline amongst pupils; and
b. notify the head teacher and give him or her related guidance if the governing body wants the school’s behaviour policy to include particular measures or address particular issues.
3. When carrying out the functions under Section 88(2), the governing body must have regard to guidance issued by the Secretary of State. Paragraphs 12-14 below provide this statutory guidance.
4. Before making their statement of principles, the governing body must consult (in whatever manner they think appropriate) the head teacher, school staff, parents and pupils.
5. The Governors’ Guide to the law provides information on governors’ other legal duties.
See the Associated Resources section below for a link to the Guide.
What must the governing body do?
6. The governing body must provide clear advice and guidance to the head teacher on which he/she can base the school behaviour policy.
7. This is particularly important in respect of teachers’ powers to search, to use reasonable force and to discipline pupils for misbehaviour outside school. Although these powers may look straightforward in legal terms, they are not always fully understood by staff, pupils and parents, and staff can feel particularly vulnerable to challenge if they use them.
8. Clear advice and guidance from the governing body, which feeds directly into the behaviour policy, will help members of staff better understand the extent of their powers and how to use them. It will also help ensure that staff can be confident of the governing body’s support if they follow that guidance.
9. While it is for each governing body to decide their own principles, we would always expect the governing body to notify the head teacher that the following should be covered in the school behaviour policy:
a. Screening and searching pupils;
b. The power to use reasonable force;
c. The power to discipline beyond the school gate; and
d. Pastoral care for school staff accused of misconduct.
10. In providing guidance to the head teacher, the governing body must not seek to hinder teachers’ powers by including ‘no searching’ or ‘no contact’ policies, nor to restrict their power to discipline pupils for misbehaviour outside of school. Governing bodies will also wish to consider their duty under section 175 of the Education Act 2002 requiring them to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children.
Screening and searching and the power to use reasonable force
11. Separate guidance is available on searching and on the use of force and governing bodies should draw on this to inform their guidance to the head teacher.
The power to discipline beyond the school gate
12. Disciplining beyond the school gate covers the school’s response to all non-criminal bad behaviour and bullying which occurs anywhere off the school premises and which is witnessed by a member of staff or reported to the school. The governing body must be satisfied that the measures proposed by the head teacher are lawful.
13. The governing body will need to ask the head teacher to consider what the school’s response should be to:
Any bad behaviour when the child is:
• taking part in any school-organised or school-related activity or
• travelling to or from school or
• wearing school uniform or
• in some other way identifiable as a pupil at the school.
Or, misbehaviour at any time, whether or not the conditions above apply, that:
• could have repercussions for the orderly running of the school or
• poses a threat to another pupil or member of the public or
• could adversely affect the reputation of the school.
14. In all of these circumstances the head teacher should also consider whether it is appropriate to notify the police or anti-social behaviour coordinator in their local authority of the actions taken against a pupil. If the behaviour is criminal or poses a serious threat to a member of the public, the police should always be informed. In addition, school staff should consider whether the misbehaviour may be linked to the child suffering, or being likely to suffer, significant harm. In this case the school staff should follow its safeguarding policy.
Pastoral care for school staff
15. Employers should not automatically suspend a member of staff who has been accused of misconduct, pending an investigation. The governing body should instruct the head teacher to draw on the advice in the ‘Dealing with Allegations of Abuse against Teachers and Other Staff’ guidance when setting out the pastoral support school staff can expect to receive if they are accused of misusing their powers.
Links:
Screening Searching and Confiscation - Guidance for School Leaders, Staff, and Governing Bodies
http://www.education.gov.uk/consultations/downloadableDocs/Screening%20Document.doc
Dealing with Allegations of Abuse against Teachers and other Staff
http://www.education.gov.uk/consultations/downloadableDocs/Dealing%20with%20allegations%20of%20abuse%20against%20teachers%20and%20other%20staff.DOCh
Use of Reasonable Force - Guidance for School Leaders Staff and Governing Bodies
http://www.education.gov.uk/consultations/downloadableDocs/Use%20of%20Reasonable%20Force.DOC
Behaviour and Discipline in Schools - Guidance for Governing Bodies
http://www.education.gov.uk/consultations/downloadableDocs/Behaviour%20and%20Discipline%20in%20Schools%20-%20Guidance%20for%20Governong%20Bodies.doc
Online Consultation Finishes 20th May 2011
http://www.education.gov.uk/consultations/index.cfm?action=conDocument&consultationId=1757&menu=1
Unions Views:
NASUWT: Coalition Government's announcement on pupil behaviour
http://www.politics.co.uk/opinion-formers/press-releases/education/nasuwt-coalition-government-s-announcement-on-pupil-behaviour-$21388203$1345015.htm?
NUT New Guidance on Discipline - press release
http://www.teachers.org.uk/node/12955
More than 600 pages of guidance has been cut down to 50
Top headteacher Charlie Taylor from Willows School given new role in Department for Education to improve discipline in Schools.
The Government’s new guidance is 50 pages long. It sets out the roles and responsibilities for governing bodies, headteachers and teachers regarding behaviour and discipline.
The new guidance clarifies teachers’ powers. It makes clear the following:
Schools should not have a ‘no touch’ policy. It is often necessary or desirable for a teacher to touch a child (e.g. dealing with accidents or teaching musical instruments).
Teachers have a legal power to use reasonable force. They can use force to remove a pupil who is disrupting a lesson or to prevent a child leaving a classroom.
Heads can search for an extended list of items including alcohol, illegal drugs and stolen property.
Heads have the power to discipline pupils who misbehave outside the schools premises and outside schools hours.
The guidance also protects teachers from malicious allegations and strengthens their authority in the classroom. It makes clear:
Heads can temporarily or permanently exclude pupils who make false allegations. In extreme circumstances they may even press criminal charges against the pupil.
The default position should be to assume the teacher has behaved reasonably unless a complainant can show that a teacher has behaved unreasonably.
Schools should not automatically suspend teachers accused of using force unreasonably.
All but the tiny number of the most complex cases should be resolved within three months and the vast majority should be resolved in four weeks.
Malicious allegations should not be included in employment records.
The new Education Bill going through the Commons now will also:
Extend powers to search pupils for any items that are banned by school rules such as mobile phones.
Stop appeals panels sending excluded children back to the school from which they were excluded.
Give teachers anonymity when facing allegations.
Remove the requirement on schools to give parents 24 hours notice of detention.
BEHAVIOUR AND DISCIPLINE IN SCHOOLS GUIDANCE FOR GOVERNING BODIES
1. This is statutory guidance from the Department for Education. It explains why maintained schools must have a behaviour policy, what it must cover and the role of the governing body and head teachers in shaping their school’s behaviour policy.
2. We use the term ‘must’ when the person in question is legally required to do something and ‘should’ when advice is being offered.
3. This guidance replaces chapter 2 of ‘School discipline and pupil behaviour policies – guidance for schools’.
WHAT LEGISLATION DOES THIS GUIDANCE RELATE TO?
Education and Inspections Act 2006
Key Points
• Every school must have a behaviour policy (which must include the school rules).
THE ROLE OF SCHOOL GOVERNORS
1. Under Section 88(1) of the Education and Inspections Act 2006 (EIA), governing bodies must ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.
2. Section 88(2) of the EIA requires the governing body to:
a. make, and from time to time review, a written statement of general principles to guide the head teacher in determining measures to promote good behaviour and discipline amongst pupils; and
b. notify the head teacher and give him or her related guidance if the governing body wants the school’s behaviour policy to include particular measures or address particular issues.
3. When carrying out the functions under Section 88(2), the governing body must have regard to guidance issued by the Secretary of State. Paragraphs 12-14 below provide this statutory guidance.
4. Before making their statement of principles, the governing body must consult (in whatever manner they think appropriate) the head teacher, school staff, parents and pupils.
5. The Governors’ Guide to the law provides information on governors’ other legal duties.
See the Associated Resources section below for a link to the Guide.
What must the governing body do?
6. The governing body must provide clear advice and guidance to the head teacher on which he/she can base the school behaviour policy.
7. This is particularly important in respect of teachers’ powers to search, to use reasonable force and to discipline pupils for misbehaviour outside school. Although these powers may look straightforward in legal terms, they are not always fully understood by staff, pupils and parents, and staff can feel particularly vulnerable to challenge if they use them.
8. Clear advice and guidance from the governing body, which feeds directly into the behaviour policy, will help members of staff better understand the extent of their powers and how to use them. It will also help ensure that staff can be confident of the governing body’s support if they follow that guidance.
9. While it is for each governing body to decide their own principles, we would always expect the governing body to notify the head teacher that the following should be covered in the school behaviour policy:
a. Screening and searching pupils;
b. The power to use reasonable force;
c. The power to discipline beyond the school gate; and
d. Pastoral care for school staff accused of misconduct.
10. In providing guidance to the head teacher, the governing body must not seek to hinder teachers’ powers by including ‘no searching’ or ‘no contact’ policies, nor to restrict their power to discipline pupils for misbehaviour outside of school. Governing bodies will also wish to consider their duty under section 175 of the Education Act 2002 requiring them to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children.
Screening and searching and the power to use reasonable force
11. Separate guidance is available on searching and on the use of force and governing bodies should draw on this to inform their guidance to the head teacher.
The power to discipline beyond the school gate
12. Disciplining beyond the school gate covers the school’s response to all non-criminal bad behaviour and bullying which occurs anywhere off the school premises and which is witnessed by a member of staff or reported to the school. The governing body must be satisfied that the measures proposed by the head teacher are lawful.
13. The governing body will need to ask the head teacher to consider what the school’s response should be to:
Any bad behaviour when the child is:
• taking part in any school-organised or school-related activity or
• travelling to or from school or
• wearing school uniform or
• in some other way identifiable as a pupil at the school.
Or, misbehaviour at any time, whether or not the conditions above apply, that:
• could have repercussions for the orderly running of the school or
• poses a threat to another pupil or member of the public or
• could adversely affect the reputation of the school.
14. In all of these circumstances the head teacher should also consider whether it is appropriate to notify the police or anti-social behaviour coordinator in their local authority of the actions taken against a pupil. If the behaviour is criminal or poses a serious threat to a member of the public, the police should always be informed. In addition, school staff should consider whether the misbehaviour may be linked to the child suffering, or being likely to suffer, significant harm. In this case the school staff should follow its safeguarding policy.
Pastoral care for school staff
15. Employers should not automatically suspend a member of staff who has been accused of misconduct, pending an investigation. The governing body should instruct the head teacher to draw on the advice in the ‘Dealing with Allegations of Abuse against Teachers and Other Staff’ guidance when setting out the pastoral support school staff can expect to receive if they are accused of misusing their powers.
Links:
Screening Searching and Confiscation - Guidance for School Leaders, Staff, and Governing Bodies
http://www.education.gov.uk/consultations/downloadableDocs/Screening%20Document.doc
Dealing with Allegations of Abuse against Teachers and other Staff
http://www.education.gov.uk/consultations/downloadableDocs/Dealing%20with%20allegations%20of%20abuse%20against%20teachers%20and%20other%20staff.DOCh
Use of Reasonable Force - Guidance for School Leaders Staff and Governing Bodies
http://www.education.gov.uk/consultations/downloadableDocs/Use%20of%20Reasonable%20Force.DOC
Behaviour and Discipline in Schools - Guidance for Governing Bodies
http://www.education.gov.uk/consultations/downloadableDocs/Behaviour%20and%20Discipline%20in%20Schools%20-%20Guidance%20for%20Governong%20Bodies.doc
Online Consultation Finishes 20th May 2011
http://www.education.gov.uk/consultations/index.cfm?action=conDocument&consultationId=1757&menu=1
Unions Views:
NASUWT: Coalition Government's announcement on pupil behaviour
http://www.politics.co.uk/opinion-formers/press-releases/education/nasuwt-coalition-government-s-announcement-on-pupil-behaviour-$21388203$1345015.htm?
NUT New Guidance on Discipline - press release
http://www.teachers.org.uk/node/12955
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