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Be connected newsletter for education - December 2019

9 December 2019

In this edition we provide you with the latest in legal updates, news and insight from the sector.

be connected is your space – it is important that the mix of content offers you real value and relevant, useful information. Please help us to help you by providing feedback and comments. What would you like to see featured in the newsletter – and would you like to be part of a future edition – click here to let us know!

Legal updates

Case focus: Aplin v The Governing Body of Tywyn Primary School

Following the landmark case that saw former head teacher Mr Aplin awarded nearly £700,000 compensation for unfair dismissal, our employment lawyer, Sarah Hooton takes a look at the implications of undertaking a poor investigation and the lessons that can be learned from the Welsh Primary School.

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Is your complaints process fit for purpose?

In recent weeks we have received a number of enquiries from academies who have been approached by the Department for Education about their complaints policies. In this article, our Associate, Philip Wood clarifies the key requirements as set out in the 2014 regulations to ensure your trust remains compliant.

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Building for the future

With the new year approaching, our real estate specialist Peter Jackson shares his views on why it is vital to gain the appropriate permissions before commencing planned construction projects or facility developments.

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Horizon scanning

In the first of what we hope will become a regular feature in be connected, our Partner, Nick MacKenzie, reviews what is on the horizon for the education sector and highlights three themes that you might want to monitor, prepare for or take action on.

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Guides for Education

IR35 v’s the education sector

What is IR35 and is it relevant in the education sector? Our employment lawyer, Ian Deakin answers these key questions and shares his top tips for managing self-employed contractors.

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Review of the SEND framework

In this article, Richard Freeth reviews the latest thinking on the new Special Educational Needs and Disability framework and looks at the reasons for the numerous failings to date.

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Follow us

Legal and HR services for education LinkedIn page

Stay up to date with news and insights from our specialist lawyers and HR consultants.

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Meet our team

60 seconds with Daniella Glynn

I’m Daniella, an HR Consultant based in the Exeter office, and I’ve been with Browne Jacobson for six years. I advise schools on all issues relating to employing people and the legal complexities that this can create. My job covers all areas from recruitment to retirement.

In order to work in HR you need to be resourceful, be able to explain complex things in a non-complex way and be patient.

This year a work highlight for me was that after delivering sickness absence management training to a large local Trust, they achieved an absence reduction of 1,459 days in a year by managing their process more tightly.

When I’m not at work I like to cycle and recently completed the Torbay Triathlon with other members of the Exeter office.

My one piece of advice would be to speak with your employees about any work issues you or they may have at as early a stage as possible. Things will only get worse if you ignore them.

I am currently having sea swimming lessons which is no mean feat considering my fear of anything living in the sea!

Events

Exclusions: keeping you informed

If you were not able to attend our live ‘exclusions’ webinar last month, don’t worry; there is still time to watch the webinar recording online that was hosted by our Senior Associate, Hayley O’Sullivan.

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#EdInfluence – series two

We are very excited to be launching our second podcast series of #EdInfluence this autumn. The series will draw on our legal experts and our client's own experiences. In episode one Nick Mackenzie talks to Graham Feek and Steve Sanderson from Greenwood Academies Trust about the best way to embed an innovative digital strategy.

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Training and events

28Sep

Exclusions training for senior leaders and governing boards Interactive session via Zoom

This two-hour, online interactive training session focuses on all you need to know about the exclusions framework for schools and trusts. It’s designed to help ensure schools are compliant with exclusions law and guidance as well as considering wider issues.

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3Oct

Safeguarding Training for Governors and Trustees Interactive session via Zoom

This two-hour safeguarding course via zoom is designed specifically for governors and trustees. It steers away from operational safeguarding matters and instead focuses on strategic safeguarding and good safeguarding governance, meeting the requirements of The Governance Handbook 2022 and Keeping Children Safe 2022.

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Focus on...

Press releases

Leading education lawyers play major role as DfE announces 10,000th academy conversion

The Department for Education (DfE) have announced that the conversion of Donisthorpe Primary School in Leicestershire on 1st September marked the 10,000th academy conversion.

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Guides

How to carry out the KCSiE online checks FAQs

There is (understandably) some confusion about the steps schools and trusts need to take to discharge the new online check duty set out in paragraph 220 of KCSIE. I can’t completely clarify all of it for you, but I can help you find a sensible route through. These FAQs are a good place to start.

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Legal updates

Keeping Children Safe in Education 2022: updated Governor and Trustee training requirement

The two biggest changes in the new safeguarding guidance revolve around sourcing high quality governor and trustee training and the new requirement to carry out online searches for shortlisted candidates.

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Legal updates

Understanding the Appropriate Adult expectation

One of three significant changes to Keeping Children Safe in Education 2022 is a new expectation that Designated Safeguarding Leads (DSLs) should be aware of the requirement for children to have an Appropriate Adult. The guidance says nothing more than that, but the DfE has updated the Searching, Screening and Confiscation Advice to include a new section on strip searches. In this briefing I explain how to meet this new requirement and help you understand what steps you need to take when involving the police in pupil searches.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mark Blois

Mark Blois

Partner and Head of Education

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