As the current situation around Covid-19 is evolving and new measures are constantly being implemented by Government, we considered that a summary of considerations for education settings would be of assistance.
Please note: the information contained in this legal update is correct as of the original date of publication.
As the current situation around Covid-19 is evolving and new measures are constantly being implemented by Government, we considered that a summary of considerations for education settings would be of assistance.
It would be timely to remind staff about the requirement to comply with data security and school policies in respect of the same. A link to our previous article on staff working from home can be found here.
As education is to be provided remotely to children, schools have been become more innovative in how lessons are being delivered. This has included live lessons over video platforms such as Zoom or Teams. As a school, you should ensure that the platform used for the delivery of such lessons over the internet is appropriate and safe, and consider the terms and conditions of the same. There have been reported incidents of certain platforms being targeted during delivery of lessons or meetings, and staff should be alert to who is in attendance at such meetings or live class sessions. Schools can consider sending parents and children and staff updated suitable use of IT contracts or policies setting out advice on using such platforms, to include items such as ensuring participants are suitably dressed, participating from a suitable location with limited personal items and limited third parties being visible on screen, and guidelines as to suitable conduct, etc.
Where schools consider it necessary to record such sessions, participants should be advised about the lawful basis on which the school is relying to make the recording. If the school cannot rely on any ground other than consent, this should be appropriately sought in line with data protection requirements.
Further, if recordings are to be made or are permitted then clear information should be provided at the outset that this is the case, as well as the reason for the recording, how it will be stored and the retention period for the same. Some schools have enquired concerning the rights in recordings of live lessons where a staff member is delivering teaching and may wish to use the recording on a different platform at a later date, such as YouTube. Whatever is to be done to the recording, where it will be shared and who will have the full rights to the same should be clarified at the outset.
Prior to the latest lockdown, the Government was seeking to promote the testing of children at secondary schools on a mass level. This had been trialled in Liverpool and the surrounding areas. Draft documentation has been provided by the Department for Education in respect of obtaining consent for testing. However, schools should ensure that they have the necessary consents for sharing data with any third-party agencies where required. Ultimately, as data controllers, it is for the trust and schools to ensure, where they are sharing data, that they comply with the requirements of the Data Protection Act. Where data is being shared or retained, Privacy Notices should be updated to reflect this. Additional information about updating Privacy Notices in this respect can be found here.
Similarly, a number of local authorities have been asking for increased data from schools, especially in respect of any reporting of positive cases. In particular instances, personal information, e.g. names, are being requested. Before sharing any personal data, schools and trusts should consider the extent of the data which can be shared in accordance with any relevant legal requirements or basis for sharing the same.
Given the further lockdown, an indication has been given without further detail that exams may be cancelled again this year. Schools faced a number of challenges during the last release of examination results in the form of SARs, complaints and appeals. Steps can be taken now to prepare for the system which will be put in place for grading students this year by ensuring appropriate record keeping is undertaken, systems are put in place to deal with increased requests for personal data, and that these systems are shared with staff.
Schools should ensure that they have reviewed their policy and procedures to ensure that any changes to processes as a result of Covid-19 and restrictions relating to Covid-19 are included. This may include:
If you would like any further advice on the above matters, please contact Daljit Kaur on 0330 045 2281 or by email at daljit.kaur@brownejacobson.com.
Regardless of the outcome of ballots on industrial action, unless there is drastic change to funding for schools in relation to pay increases, it will be unusual to find any organisational budget that is not impacted by the current economic situation.
There’s been little evidence of interventions or financial management reviews this year and it appears the Education and Skills Funding Agency (ESFA) has re-focussed on financial delivery. It’s also telling that there were no discernible changes to the reporting of financial irregularities in the Academies Trust Handbook 2022.
The Children’s Commissioner, Rachel De Souza, has recently published a report “Beyond the labels: a SEND system which works for every child, every time”, which she intends to sit alongside the DfE’s SEND Review (2019) and SEND Green Paper (2022) and which she hopes will put children’s voices at the heart of the government’s review of SEND system.
As well as providing day-to-day support to help you focus on managing your settings, we also provide training and professional development on a range of topics to keep you and your staff up-to-date.
The Equality and Human Rights Commission (EHCR) recently issued new, non-statutory guidance regarding the wearing of natural or protective hairstyles, specifically in reference to their representation in uniform, behaviour or standalone appearance policies.
Emma Hughes, head of HR services at Browne Jacobson, explains how CST’s updated executive pay report and the linked benchmarking service from XpertHR can help trust boards make robust decisions on pay.
There’s greater opportunity than ever for parents, carers and guardians to voice any concerns they have relating to their child’s education and for their concerns to be heard and to be taken seriously. While most staff in schools and academies are conscious of their legal duties relating to complaints management, many are struggling to cope with such a significant increase in the volume of complaints they must manage.
This guidance has been prepared to support academy trusts (Trusts) who want to hold a fully virtual Annual General Meeting (AGM) or a hybrid AGM, as we know that Trusts may want to be prepared for future disruption as well as having a general interest in holding more meetings virtually. The guidance also applies to other meetings of the Members (known as General Meetings).
We’re pleased to collaborate with Lloyds Bank, who recently asked us and audit and risk specialists Crowe UK to offer guidance that academy trusts would find helpful when considering setting up a trading subsidiary.
The DfE has published new guidance and opened the application process for window two of the Trust Capacity Fund (TCaF) for 2022/2023, with a fund of £86m in trust capacity funding focused particularly on education investment areas.
The Independent Inquiry into Child Sexual Abuse was established in March 2015. We now have its report. As you would expect with such a broad scope, the report is long and makes a number of far-reaching recommendations. In this article, Dai Durbridge highlights seven of the 20 recommendations, sets out how they could impact on schools and suggests what steps to take now.
Browne Jacobson’s education team has been named as winner of the ‘Legal Advisors to Education Institutions’ category at the Education Investor Awards 2022 for a record sixth time.
Since the new Suspensions and Exclusions Statutory Guidance was published, we have received a lot of questions about the use of managed moves. For the first time, the Statutory Guidance does explain what a managed move is, but in relatively broad terms and does not cover the mechanics of how a managed move should operate.
Over 3000 young people from across the UK and Ireland took part in a virtual legal careers insight event, aimed at making the legal profession more diverse.
Holly Quirk, an associate barrister in Browne Jacobson’s Manchester office, was awarded the Legal Professional of the Year Award at this year’s Manchester Young Talent Awards.
The risk of assault against staff is, sadly, something that all schools need to consider carefully. Here one legal expert explains what they can do to protect staff and ensure they fulfil their duty of care.
