Date updated: Tuesday 5th February 2019

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In this month's edition:

  • Ofsted picks up pace on the road to inspection of MATs
  • When is a GDPR contract required?
  • Admission arrangements: Legitimate intentions, unfair arrangements. Are your admission arrangements fair?
  • Privacy and Electronic Communications Regulations (PECR): personal liability introduced
  • Pre-employment Management (Section 128) Checks: your legal obligations as an employer
  • Appointments to faith schools - ECJ Decision Implications
  • Brief Alerts February 2019

Ofsted picks up pace on the road to inspection of MATs

Whilst it is currently legally impossible for Ofsted formally to inspect multi-academy trusts (as distinct from schools), it has now published Guidance formalising a process for publishing findings about MATs from “batched” inspections of their schools on a more routine basis.

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When is a GDPR contract required?

The question of ‘When is a GDPR Contract required?’ arises when a school shares personal data with another entity. The general position is that it depends on the circumstances of the data sharing.

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Admission arrangements: Legitimate intentions, unfair arrangements. Are your admission arrangements fair?

As the pressure on school places shows no sign of letting up, admissions arrangements are coming under increasing scrutiny. A recent decision by the Office of the Schools Adjudicator puts the spotlight on overly onerous evidential hurdles and serves as a reminder to admissions authorities that their arrangements must be fair.

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Privacy and Electronic Communications Regulations (PECR): personal liability introduced

There are strict rules surrounding direct marketing which apply to commercial and not-for-profit organisations. These rules are outlined in the Privacy and Electronic Communications Regulations 2003 (“PECR”). If an organisation is found to be in breach of PECR, the Information Commissioner’s Office (ICO) has the power to issue the organisation with a civil monetary penalty (“CMP”) of up to £500,000. How can that affect schools and school management?

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Pre-employment Management (Section 128) Checks: your legal obligations as an employer

We highlighted the importance that Ofsted is putting on compliance with rules on safeguarding checks in our last Bulletin. This article covers one aspect that is easily overlooked. School employers are aware that there are certain checks to undertake before employing a teacher. However, there are additional checks required for management staff of a school. This also applies to governors.

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Appointments to faith schools - ECJ Decision Implications

Brexit in some form may be coming; but in the meantime will religious schools have to change the way they recruit staff following a recent European Court of Justice (ECJ) case? The employment of teachers is governed by the School Standards and Framework Act 1998 (SSFA) and the Equality Act 2010 (EA). The SSFA applies differently depending upon whether a religious school is voluntary controlled (VC), voluntary aided (VA) or a foundation school which has a religious character and it applies to academies and independent schools.

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Brief Alerts February 2019

  • T Level Introduction For Real
  • Top-Slicing and Other Cuts
  • Home Schooling?
  • Public Accounts Committee Report
  • Asbestos Again
  • Danger at Work
  • Adult Education
  • Corporate Credit Cards and ESFA Guide on Fraud
  • Mental Health Services for Children
  • And Finally...

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