When managing regulatory compliance, academy trusts frequently face having to make significant, pressing decisions that require reactive and strategic advice. In addition to ensuring you understand the legal position, our role is to help you get to the heart of the issues. Our team will do this by supporting you to develop a robust strategy that you can have confidence in.
Regardless of size or maturity, academy trusts operate in a highly regulated environment. Whether it’s supporting with ESFA requirements, understanding your obligations under Health and Safety Law or navigating the world of data security and safeguarding. Our multi-disciplinary team of experts is here to guide and advise on the ever-changing and daunting area of regulatory compliance.
Examples of where we have supported with regulatory compliance issues include:
“Browne Jacobson were able to provide the necessary compliance advice that spanned safeguarding and property law but within the context of education … what Browne Jacobson were able to do was to help us to navigate the strategic steps which involved working with others to achieve a practical outcome."
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.
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.
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.
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.
Two directors of a construction company were fined after failing to ensure the safe removal of asbestos from a plot of land. On 14 and 15 November 2021, Directors Anthony Sumner and Neil Brown, of Waterbarn Limited were involved in the uncontrolled removal of asbestos material from a plot of land in Grasscroft, Oldham.
An engineering company in Tyne and Wear was fined £20,000 after a worker fractured his pelvis and suffered internal injuries after falling through a petrol station forecourt canopy, whilst he was replacing the guttering.
On 21 September 2022, we had the pleasure of hosting a Whitehall & Industry Group (WIG) lunchtime briefing, delivered by the Director General for the DfE’s Strategy Group, Julia Kinniburgh.
The Health and Safety Executive (HSE) have announced they will be carrying out a programme of inspections to primary and secondary school establishments from September 2022. The inspections will assess how schools are managing the risks from asbestos and meeting the Duty to Manage requirements, set out in Regulation 4 of the Control of Asbestos Regulations 2012.
The new set of Legal 500 directory rankings have been published and we are proud to once again be recognised as one of the country’s leading firms advising the Education sector.
Since the UK left the EU and are now able to move away from the EU data protection regime, the UK government have implemented a national data strategy with the aim of reducing the burden on organisations but maintaining a high data protection standard.
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.
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.
Whilst it may be late compared to previous years, the Educations and Skills Funding Agency (ESFA) has now published their latest edition of the Academy Trust Handbook (the Handbook), ready for implementation in less than a week, on 1 September 2022. The ESFA in their update to the academies sector, did apologise for the delay on issuing the Handbook.
Whilst the weather conditions are predicted to be cooling down this week, the Health and Safety Executive (HSE) is asking employers and businesses to consider adapting to recurrent warmer weather conditions for the safety and benefit of their staff. It asks employers to ensure that extreme heat becomes a firm part of longer term risk management. Climate change in any event is something all businesses will need to consider as the warmer weather becomes more frequent - extreme heat is something that will impact employers on a day to day basis.
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. This article focuses on how and when to carry out online searches. In the coming week we will follow up with everything you need to consider when sourcing high quality governor or trustee training.
In anticipation of the adoption of the Building Safety Bill, our specialist compliance and regulatory team will give an overview of the measures proposed in the Bill.
Whilst Schools and Academies exist to educate and inspire young people, their primary obligation is their protection. Keeping Children Safe in Education (“KCSIE”) is at the heart of everything that educational institutions do and impacts on every decision, however big or small.
National law firm Browne Jacobson has grown its team behind its dedicated Space + Time executive coaching programme with the addition of two more qualified coaches who will work with clients in the education sector.
Be empowered to take a realistic approach to risk by understanding the likely outcomes of a dismissal. And, learn how timely, strategic decision-making can limit costs associated with removing unsuitable employees.
There are various minor updates to the 2021 Keeping Children Safe in Education (KCSiE) guidance and three main changes that you need to be aware of.
Our insurance litigation specialists have recently successfully defended claims brought against two schools for alleged health and safety failings.
The Department for Education published the draft 2022 version of Keeping Children Safe in Education. A few changes caught the eye and the one that most of us in education are discussing relates to a new set of text that suggested checking the online presence of job applicants.
This article has five excellent top tips for strong data compliance in 2022, including; embracing near misses, leading from the top, outcomes-focused training, learning walks, consequences.
In order to reduce the risk of potential breaches, schools should follow this Health and Safety Executive guidance.
The Government has decided that healthy 12 – 15 year olds can receive the Covid-19 vaccine and this autumn the first dose is being offered as part of the school based vaccination programme.
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.
Tomorrow, (Wednesday 27th October), national law firm Browne Jacobson will host its second FAIRE: virtual work experience and legal careers insight event, in partnership with Young Professionals.
The Confederation of School Trusts (CST), as the sector body for School Trusts, today releases a salary benchmarking service for executive roles in School Trusts, in conjunction with partners XpertHR, Cendex and Browne Jacobson.
The Keeping Children Safe in Education 2021 guidance includes a number of updates, the most significant of which is the creation of Section Two of Part Five. This introduces the concept of low-level concerns raised about staff, supply staff, volunteers and contractors.
On 17 September 2021, the High Court handed down judgment in the case that covers some important points in relation to directing pupils off-site and is one of the few cases that covers the powers of schools to do so.
On 13 September the Department of Health and Social Care announced that young people aged 12 to 15 are to be offered a Covid-19 vaccine. People aged 12 to 15 in England will be offered one dose of the Pfizer/BioNTech COVID-19 vaccine, following advice from the four UK Chief Medical Officers (CMOs).
Civil claims are an ongoing area of concern for schools, with the potential for financial and reputational implications. Here at Browne Jacobson we assist both maintained schools and academies in dealing with the full range of civil claims that schools face.