be connected newsletter for education - July 2021
In this edition we provide you with the latest in legal updates, news and insight from the sector.
In this edition we provide you with the latest in legal updates, news and insight from the sector.
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Legal updates
Building Bulletin 100 consultation - fire safety in schools
Following the Grenfell Tower fire and wider work on fire safety standards, the Department for Education has issued a call for evidence as part of its review of the Building Bulletin 100 ‘Design for Fire Safety in Schools’.
In this article, Associate Daisy-May Coster-Hollis outlines the key aspects of the revised regulations that apply to nursery schools, primary and secondary schools including sixth-form colleges, academies and city technology colleges, special schools and pupil referral units.
Getting to grips with the direction of travel - the new Model Articles
For the first time in five years, on 30 June the Department for Education updated the Model Articles for use by mainstream academies, special academies, 16 to 19 academies, alternative provision academies, free schools and studio schools.
In this article, Nick MacKenzie goes beyond the headline technical changes to reflect on what is driving the changes and discusses why trusts must seriously consider how the underlying issues and direction of travel may impact on how they operate in practice.
Teacher assessed grades – exploring practical challenges when preparing for appeals
This year’s GCSE and A-level results are due to be released in just over a month. Schools will have already undertaken a huge amount of work as part of the process for determining this year’s qualifications.
However, Senior Associates Vicky Hatton and Daljit Kaur advise that now is not the time to slow down. Keep going, if you can, because much can still be done now to help avoid or mitigate the forthcoming burden of reviews, appeals and challenges that could arise as a result of this year’s approach.
School Admissions Code 2021 – what you need to know
Following its initial publication in May, the 2021 School Admissions Code (subject to parliamentary approval) will be in force from 1 September 2021.
In this article, Partner Richard Freeth highlights the key changes in relation to looked after/previously looked after children and in-year admissions. He also outlines changes in relation to fair access protocols that you should be aware of.
New intermediate and advanced CPD courses for DPOs starting soon
Join GDPR expert Dai Durbridge and fellow DPO peers this autumn, as two new CPD programmes for Data Protection Officers commence. The new 10-month intermediate and five-month advanced courses, delivered virtually covers everything DPOs need to keep themselves up to date throughout the year.
Academy Trust Handbook 2021
Effective from 1 September 2021, the ESFA have published their latest edition of the Academies Financial Handbook, now to be known as the newly titled Academy Trust Handbook.
In this briefing, newly promoted Legal Director Lydia Michelson-Yeates offers her thoughts and reflections on three key themes that trustees and executive teams may wish to consider as a result of the revisions.
Early Careers Teachers
On 1 September 2021 significant changes will come into force in relation to the induction of newly qualified teachers, including the change of terminology to Early Careers Teachers (ECTs).
All schools and trusts employing ECTs will need to update their related policies and supporting documentation.
Trust executive salary benchmarking research
The first national salary benchmarking survey for executive leaders in school trusts is underway.
We, and the Confederation of School Trusts are delighted to support the survey commissioned by independent HR solutions provider XpertHR, with the findings expected to enable trusts to make fair, evidence-based decisions about executive reward.
Advocacy in Action: Female Genital Mutilation Protection Orders
Over the last few months, our team of qualified barristers have been reflecting on their extensive experience at hearings before the courts and at tribunals nationwide to identify the key issues that are relevant to education providers, and share the lessons that can be learnt from these.
In this article, the fifth in the Advocacy in Action series, the team consider the issue of Female Genital Mutilation Protection Orders and the importance of acting promptly.
Top tips
Responsibilities towards students identifying as Non-Binary
An increasing number of students now identify as non-binary. Anyone identifying as transgender is expressly protected from discrimination under the Equality Act 2010. However, it is not clear whether these protections extend to those identifying as non-binary.
Following a landmark employment tribunal decision in 2020 that suggested that non-binary people should qualify for protection under the Equalities Act, Senior Associate Hayley O’Sullivan shares her top tips for supporting non-binary and transgender pupils in a school setting.
Upcoming events
School admissions code 2021 5 July, 10am - 10.45am
We highlight the key changes that, if approved, will impact the way in which your admissions system will need to operate.
During this online event, admissions experts Richard Freeth and Philip Wood will discuss how these changes will ultimately affect your decision-making, particularly in relation to supporting vulnerable children and in-year admissions.
Grades without exams: explore practical challenges when preparing for grade appeals 7 July, 3.30pm - 4.15pm
In the final of our three-part ‘Grades without Exams’ webinar series, we will explore practical challenges when preparing for grade appeals and managing data requests.
Save the date
#EdCon is back!
Following the success of last year’s online conference, #EdCon is back this year with even more content and enhanced opportunities for you to network with your peers and our legal and HR experts.
You will be able to book your exclusive tickets from the beginning of September, but in the meantime make sure that you keep the 1 to 3 December 2021 free!
You may also be interested in...
EduCompli – the compliance training app from Browne Jacobson
It’s never too early to be thinking about your training needs for the new academic year.
EduCompli is a fun and engaging way to evidence that you are meeting your statutory staff training obligations. Intuitive and simple to use, the GDPR and Child Protection courses can be played anytime, anywhere and on any device.
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Legal and HR services for education LinkedIn page
Stay up to date with news and insights from our specialist lawyers and HR consultants.
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Legal Update
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Legal Update
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Flexible working in schools webinar
Legal Update
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Legal Update
High Court dismisses Welsh RSE right to withdraw claim
Opinion
Term-time school worker entitled to national minimum wage for unworked basic hours
On-Demand
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Legal Update
Education Software Solutions Limited breaks against the CMA’s intervention: A victory for freedom and flexibility in contracting for MIS services
Legal Update
Safeguarding at scale report published
Legal Update
Trade unions announce plans to re-ballot members
Legal Update
Widespread industrial action now confirmed for schools
Legal Update
Industrial action and minimum service levels within education
Opinion
Consultation on holiday entitlement – part-year and irregular workers
Guide
FAQs - converting to academy status
Guide
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Guide
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Guide
FAQs – single academy joining a MAT
Legal Update
EdCon2023 launch: Thursday 12 January
Legal Update
The importance of understanding the transitional provisions under the Electronic Communications Code
Legal Update
Biodiversity Net Gain: positive for nature and an opportunity for landowners
Legal Update
Discrimination comes of age
Guide
#EdCon2023: Access a range of expert guidance and resources at our FREE virtual conference
Legal Update
be prepared for the 2022-23 academic year
Legal Update
Teacher Pay Survey 2022
Opinion
Rising Employment Tribunal backlog
Legal Update
The Schools Bill – law no more
In July, we published an update on the Schools Bill with the news that the proposed legislation relating to new academy standards and extended intervention powers for academy trusts would be removed. Last week, we received broader news of the dropping of the Bill, with education secretary Gillian Keegan announcing that it will not reach its third reading in the House of Lords.Legal Update
be connected newsletter for schools - Winter 2022
Guide
Recruiting school staff on a budget – top tips
Regardless of the outcome of ballots on industrial action, unless there is drastic change to funding for schools in relation to pay increases, it will be unusual to find any organisational budget that is not impacted by the current economic situation.
Guide
Good governance essential to avoid falling foul of the ESFA
There’s been little evidence of interventions or financial management reviews this year and it appears the Education and Skills Funding Agency (ESFA) has re-focussed on financial delivery. It’s also telling that there were no discernible changes to the reporting of financial irregularities in the Academies Trust Handbook 2022.
Legal Update
Children's commissioner recommendations for SEND reform
The Children’s Commissioner, Rachel De Souza, has recently published a report “Beyond the labels: a SEND system which works for every child, every time”, which she intends to sit alongside the DfE’s SEND Review (2019) and SEND Green Paper (2022) and which she hopes will put children’s voices at the heart of the government’s review of SEND system.
Legal Update
Coming of age
Official statistics show that 15,336 claims which included a complaint of age discrimination were received at the Employment Tribunals between March 2020 and March 2021.
Legal Update
Top three training topics 2022-23
As well as providing day-to-day support to help you focus on managing your settings, we also provide training and professional development on a range of topics to keep you and your staff up-to-date.
Legal Update
Hair discrimination – stop pupils being unfairly singled-out for their appearance
The Equality and Human Rights Commission (EHCR) recently issued new, non-statutory guidance regarding the wearing of natural or protective hairstyles, specifically in reference to their representation in uniform, behaviour or standalone appearance policies.
Opinion
The role of benchmarking in setting pay in schools
Emma Hughes, head of HR services at Browne Jacobson, explains how CST’s updated executive pay report and the linked benchmarking service from XpertHR can help trust boards make robust decisions on pay.
Legal Update
School complaint management - exploring a new way forward
There’s greater opportunity than ever for parents, carers and guardians to voice any concerns they have relating to their child’s education and for their concerns to be heard and to be taken seriously. While most staff in schools and academies are conscious of their legal duties relating to complaints management, many are struggling to cope with such a significant increase in the volume of complaints they must manage.