article
Narrowing the gap
10 May 2010
There is a gap between the educational achievements of looked after
children (LAC) and other children. However new rigorous guidance
has been produced aimed at ensuring schools and local authorities
(LA’s) work much closer together to promote the achievements of
LAC. Sarah Erwin-Jones at law firm Browne Jacobson considers the
new guidance, its impact on LA’s and schools and how it furthers
the National Strategy to improve educational outcomes for LAC.
As part of the National Strategy developed by the DCSF to
improve the educational outcome for LAC, schools must set statutory
annual targets for academic achievement by 2011 for all LAC at Key
Stages 2 and 4. At a strategic level it is expected that LA’s also
drive improvements by employing a Virtual School Head (VSH) and at
a local level all maintained schools must have a Designated Teacher
(DT). At both levels the VSH and DT’s function is to promote the
education of LAC by monitoring their achievement and progress and
championing their needs. Their co-operation is fundamental to
implementing the national strategy.
A virtual tool-kit published in March contains tips on how a VSH
can ensure they discharge their legal duty to promote educational
achievement of LAC. It can be downloaded from the DCSF Every Child
Matters website at www.dcsf.gov.uk/everychildmatters
The newly updated guidance, Promoting the Educational
Achievement of LAC, includes legislative changes including the new
laws on admissions and details of teachers’ new duties. The purpose
of the guidance is to help LA’s understand and discharge their
duties as ‘corporate parents’ of LAC and promote and facilitate
co-operation between LA’s and schools.
The Guidance splits broadly into 2 parts: Strategic Planning
& Accountability and Effective Implementation of the Duty.
Strategic Planning & Accountability
The Children's Trust Board (Children and Young People's Plan)
(England) Regulations 2010 require partners at a strategic level as
well as those who have day-to-day contact with LAC, such as carers,
social workers, teachers and GPs, to co-operate and get involved
with preparing and monitoring a Children and Young People’s Plan
(CYPP).
A CYPP must include:
- Consultation with all relevant partners
- A needs assessment
- Details on how to achieve LAC’s statutory educational
targets
- Details of available resources and how costs of these will be
met
- Details of schools tailored services for LAC
Effective Implementation of the Duty
Schools are expected to liaise closely with LA’s Lead Member for
Children’s Services (LM) to help them discharge their statutory
duties. This relationship will benefit LAC as their progress will
be more closely monitored and exchange of information will be
facilitated, resulting in better decisions being made about LAC’s
care. The relationship between the LM and LAC is intended to mirror
that of a parent and child - the LM is expected to attend parents’
evenings and awards ceremonies, and to bestow praise and
encouragement. They should be interested in the achievements of LAC
in the broadest sense, including what they do in their leisure
time.
LA’s are expected to communicate with LAC, take account of their
views and identify their educational needs, reflecting these in
their care plans. The LA and the school have a joint responsibility
to produce a high quality, tailored Personal Education Plan (PEP).
This must be a comprehensive record of the child’s experience,
progress and achievement, be reviewed regularly and evolve with
LAC’s progress.
In terms of school admissions the highest priority must be given
to LAC in the over-subscription criteria in normal admission
arrangements. Outside normal admissions, a maintained school must
admit a LAC if requested to do so.
For those facing the possibility of exclusion schools should be
especially sensitive and try by every means possible to maintain a
LAC in school.
It is clear that schools are expected to take a proactive
approach towards co-operating with local authorities in fulfilling
their statutory obligations. Therefore schools and LA’s should work
together to:
- Ensure up-to-date high quality PEPs for LAC are provided on
admission and updated during the course of a child’s education
- Give suitable training for DT’s
- Establish and maintain a protocol for sharing relevant
information about care placements and education
In addition LA’s should:
- Ensure schools are aware of their duties and the key reasons
why LAC underachieve
- Ensure the Guidance is circulated amongst school governors and
teachers
- Identify when LAC are eligible for Personal Education
Allowances and are able to access one-to-one tuition where it is
necessary
- Take all possible steps to avoid disrupting LAC’s education by
finding appropriate placements and providing school transport to
help them stay in their school
- Provide schools with specific information about a LAC
This article was first published by
www.localgovernmentlawyer.co.uk
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