Date updated: Wednesday 5th June 2019
In this month's edition:
- Segregation by sex unlawful in co-ed schools
- Use of reasonable force in schools: new Ofsted Approach
- Illegal schools
- The Timpson Report
- Estate Management for Schools
- Discrimination pitfalls in trying to achieve a representative staff
- Brief Alerts June 2019
Segregation by sex unlawful in co-ed schools - Equality Act 2010 and segregation issues
The Court of Appeal’s judgment in the case of Al-Hijrah School considered unlawful discrimination in co-educational schools separating pupils on the basis of their gender. The judgment has been influential in shaping DfE and Ofsted policy, and has also triggered questions about the extent to which single-sex schools are expected to comply with anti-discrimination laws.
Use of reasonable force in schools: new Ofsted Approach
Under s. 93 Education and Inspections Act 2006, all members of school staff have a legal power to use reasonable force on and off school premises where the member of staff has lawful control, or is in charge, of the pupil concerned. The decision on whether or not to physically intervene is down to the professional judgement of the member of staff concerned and has to be judged on a case-by-case basis. Every school should set out in its Behaviour Policy the circumstances in which force can be used; staff should also receive training.
Illegal schools
An estimated 6,000 students are being taught in illegal schools, according to Ofsted.
If a child is removed from your school to be taught at one which you suspect may be illegal, you should report your concerns to your local authority’s safeguarding team and contact the DfE.
Long-term pointers from the Timpson Review
Initially billed as a fundamental review, the report disappointed those who hoped to reduce knife crime by ending exclusion and keeping susceptible young people in ‘schools as day detention centres’.
The report supports the principle of exclusion. However, those who want to use exclusion to clear the decks for school improvement should ‘weigh the profound implications that (exclusion) can have on a young person’s life.’
Estate Management for Schools
We are one year on from the launch of the Department for Education’s guide to estate management, in which the DfE directed schools to a strategic approach to the management of their estates. The goal is to ensure the estate supports the school’s educational needs and aims. This is more important than ever in present circumstances.
Discrimination pitfalls in trying to achieve a representative staff
The case of a white heterosexual man winning a discrimination case under the Equality Act 2010 (Furlong v Chief Constable of Cheshire Police) contains lessons for employers, including schools, who wish to achieve a representative staff or leadership team.
Brief Alerts June 2019
- GDPR
- Mental Health
- Academy Trusts
- Special Needs
- Allergies
- Teachers
- Cap public sector payments
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