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A recent landmark ruling in the Upper Tribunal between the Independent Schools Council (ISC) and the Charity Commission is likely to see wide-ranging implications for fee paying schools. The tribunal determined that the commission's guidance was ambiguous and, in places, wrong in law and would need to be re-written.
The decision clarified that independent schools have to demonstrate a wider public benefit and it is the responsibility of the trustees to decide how to satisfy that test. This will allow trustees to be innovative and creative with their charitable provision rather than being constrained by calculations of bursaries. Interestingly, the sponsorship of academies (or indeed creation of a free school) was one route which an independent school could take to further demonstrate satisfaction of the public benefit test. Given that "free schools" were mentioned in the original charity legislation in 1601, it would appear that charity law has come home!
The recent case of R (on the application of A Parent) v Governing Body of XYZ School [2022] EWHC 1146 (Admin) provides some welcome and reassuring guidance to governing boards on the exclusion reconsideration process.
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With 19 HR experts now supporting over 500 schools and trusts across the country, in this edition of 60 seconds we sit down with Emma Hughes, who leads the team, to discuss what this significant milestone means to her.
In order to reduce the risk of potential breaches, schools should follow this Health and Safety Executive guidance.
A ResPublica report highlighted that asbestos continues to be the UK’s number one occupational killer, with nurses and teachers 3 to 5 times more likely to develop mesothelioma than the general UK population. The House of Commons Work & Pensions Select Committee is investigating how the HSE manages the continued presence of asbestos in buildings.
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