Education Bulletin - May 2018

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In this month's edition:

  • Power of sale to avoid reverter under the School Sites Act 1841 - Clarification from the High Court
  • Was the dismissal of a headteacher who had a close relationship with an offender fair?
  • Government publishes 'Integrated Communities' green paper
  • Asbestos - are you managing the risk?
  • New Government investigation into exclusions
  • Academy and Trust names - some issues
  • Brief Alerts May 2018
Power of sale to avoid reverter under the School Sites Act 1841 - clarification from the High Court

Is your school located on land charitably given by a local landowner for the purpose of educating poor children in the nineteenth century? If so, the transfer of the land was probably done under the School Sites Act 1841(the Act). Under that Act the land reverts to the original owner (or heirs) if the purposes of the gift no longer apply. But what happens if the land is to be sold to allow a school to move to other premises and there is a delay in selling the land? Does the land, which may now be very profitable, revert to the heirs of the original donor?

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Was the dismissal of a headteacher who had a close relationship with an offender fair?

The Supreme Court has upheld an employment tribunal’s decision that it was fair to dismiss a headteacher as a result of her failure to disclose her relationship with an convicted individual. This decision seems in practice to extend ‘disqualification by association’ beyond the provisions of the Childcare Act 2006 and the consequent Childcare (Disqualification) Regulations 2009.

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Government published 'Integrated Communities' green paper

On 14 March 2018 the government published its Green Paper, ‘Integrated Communities.’ Responses are invited to its proposals by 5 June 2018. The paper describes, and proposes policies addressing, segregation along race, faith and socio-economic lines in England. The government believes that the relatively high degree of separation of pupils of different ethnicities across schools evidenced in some areas “can restrict pupils’ outlook and education.”

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Asbestos - are you managing the risk?

Everyone knows, or should know, that asbestos kills. Yet a recent Freedom of Information request by the Joint Union Asbestos Committee (JUAC), which can be viewed here, revealed that in the academy sector alone there had been over 50 asbestos incidents in a year, of which 5 had led to action by the Health and Safety Executive (HSE). Quite apart from the financial costs of failing to fulfil the duty to control asbestos, there is the moral responsibility for the illness or death of those for whom a school should care.

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New Government investigation into exclusions

The interest in exclusions, which we identified last month, has continued. A suspicion has been growing that ‘some (nameless)schools’ have been following the management principle ‘if you can’t change the people; you must change the people’ in order to improve results: either by excluding difficult pupils permanently; easing them out; or discouraging them from applying to the school in the first place by threatening strong discipline. Concern is now leading to investigation.

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Academy and Trust Names

When converting to an academy or expanding to become a multi-academy trust, choosing a name for your academy or academy trust will probably be the last thing you will be concerned with, but there are things to watch out for. This article briefly outlines the key issues to consider.

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Brief Alerts May 2018
  • SEN commons education committee enquiry
  • Funding
  • Out of school
  • Application of zero-tolerance policies
  • Disclosure and barring service update
  • Prosecutions for Health & Safety
  • Tax on tutors
  • The Children's Commissioner
  • GDPR
  • Admissions (academies)
  • No more loans
  • Gender gap
  • Uniform

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GDPR Services for Academy Trusts and Maintained Schools

GDPR Support Bank of Hours

The Client can buy a five hour support package at a blended rate of £230 per hour (plus VAT) and can add to in units of 2 hours. Any hours not used after 2 years expire. As this is offered at a reduced hourly rate, the retainer discount does not apply.

This product is designed for:

clients who still need help with implementing the GDPR clients who have not signed up to our retainer service but will need routine GDPR assistance (perhaps to support the DPO) clients who are signed up to the retainer service but are likely to have GDPR support needs going beyond the limit of their legal retainer and who are looking for certainty on costs and a cheaper rate than our standard hourly rates.

The GDPR Guidance Pack Updating Service

This is for existing purchasers of the GDPR Guidance Pack. When you purchased our GDPR Guidance Pack, you received the benefit of updates until 25th May 2018. We are offering the opportunity to renew this for a further year until 25th May 2019.

This further update service costs £300 plus VAT (or 250+ VAT for existing SK Legal Retainer clients) for the further one year period ending 25 May 2019 (no retainer discount applies).

The update service will include monthly updates (except August) and GDPR Guidance Pack updating, when we deem that changes to the Pack are required.

We envisage that there will be lots of new guidance to share over the next year and we will interpret this for the academy trust/school context, making helpful observations and recommendations.

If you would like to renew for a further year, please email EducationGDPR@stoneking.co.uk. If your school or trust has not purchased the GDPR Guidance pack and you are interested in finding out more, please email EducationGDPR@stoneking.co.uk.

Stone King Education Retainer Clients

One of your benefits to the retainer service is access to an area of our website exclusively for retainer clients. A recent survey showed that some of you were not aware of this valuable benefit. The area includes a suite of template school and staff policies, guidance documents, your regional office contact sheets and back copies of our monthly newsletters. We are making improvements and adding to the area all the time. If you do not know your login details please get in touch with our Marketing Team at MarketingWebsiteRequests@stoneking.co.uk who will be able to retrieve them for you. If you have any other queries, please contact your retainer manager. Finally, don’t forget to pick up your free event code from that part of the website to secure your free access to all of our Stone King seminars.

The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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