Category Archives: justice

Sad end to term

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It is now more than nine years since a teacher died after being stabbed in her classroom by a pupil. The news today from Tewksbury reminds us that although rare, and nowhere near as common as such incidents in the USA, teaching is not an entirely risk-free activity, as I know from personal experience.

My thoughts and best wishes are with the stabbed teacher, their family and any pupils that witnessed the attack. I hope the teacher was no badly hurt. Below, is the post I wrote when the teacher was stabbed to death in her classroom in 2014.

Condolences | John Howson (wordpress.com)

Condolences

Posted on April 28, 2014

The news of the stabbing to death of a teacher in Leeds is both truly shocking and saddening at the same time. Fortunately, such deaths in schools are rare in the United Kingdom, and it is no small irony that this fatality happened in a Roman Catholic school in a challenging area just as the death nearly 20 years ago of head teacher Philip Lawrence did in north Westminster. We may live in a post-Christian society, but the Churches still offer education in many of the more disadvantaged areas of our country.

My thoughts and condolences are with the family and friends of the teacher, as well as the pupils and those that work at the school, and the wider local community. Nearly 40 years ago, I was the victim of a classroom stabbing by an intruder that could in different circumstances have ended in a fatality. As a result, I can understand something of the grief such an unexpected event give rise to. Fortunately, unlike in my day, there will no doubt be extensive counselling offered to all concerned. I don’t know the circumstances of this stabbing, except that the news bulletin says that it was a female teacher in her 60s who presumably had been at the school for some time. More will no doubt come out over the next few days and then at the subsequent trial.

The Court of Appeal has recently taken a tough stand on the carrying of knives, and rightly so if we are to reduce the incidence of violence still further in society. But, despite all the draconian laws it is impossible to entirely prevent attacks where there is a will to do violence to another.

Finally, perhaps the Secretary of State might consider a memorial in the new offices for the DfE after they move to Whitehall in 2017* that recognises the sacrifice of the small band of teachers that have given their lives to their profession. There may not be many of them, but they deserve not to be forgotten.

*Such a move never took place, but the idea of a memorial might still be worth considering.

One law for parents …

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‘School sends children home because of a lack of staff’. The BBC have been running a story about a special school, part of a multi-academy trust that has been sending children home on certain days because of a lack of staff. Oxford pupils miss school amid special needs staff shortage – BBC News

The shortage of staff in the special school sector is nothing new. Indeed, I commented upon the use of unqualified teachers in that sector in a previous post. However, should any school be allowed to send pupils home because of staff shortages?

In 2017, (how time flies) the Supreme Court discussed the responsibilities of parents that contract with the State to provide schooling for their children for free. The case was Isle of Wight Council v Platt and the judgement can be read at Isle of Wight Council (Appellant) v Platt (Respondent) (supremecourt.uk)

The highest court in the land imposed a heavy burden on parents with regard to school attendance – paragraphs 31 onwards set out their reasons for doing so. In reaching their judgement, the court went further than the previous decision made in the 1930s, and placed even more restrictive reasons for parents being allowed not to send a child to school.

The court did not consider the opposite scenario of the responsibility of the State to parents that trust their child to the State to educate.  Lord Denning did discuss this in Meade v Haringey in 1979 at the end of the Winter of Discontent, but that case never came to trial as the strike ended and schools re-opened.  

Lord Denning’s comments in the case can be read at Meade v Haringey London Borough Council – Case Law – VLEX 793965949 The paragraph relevant to the present situation is in paragraph 3.

As I read the statute, it was and is the duty of the Borough Council – not only to provide the school buildings – but also to provide the teachers and other staff to run the schools – and furthermore to keep the schools open at all proper times for the education of the children. If the Borough Council were to order the schools to close for a term – or for a half-term – or even for one week, without just cause or excuse, it would be a breach of their statutory duty. If any of the teachers should refuse to do their work, the Borough Council ought to get others to replace them – and not pay the defaulters. Likewise if the caretakers refuse to open the schools – and keep the keys – the Borough Council ought to demand the return of the keys and open up the schools themselves if need be. For this simple reason: It is the statutory duty of the Borough Council to keep the schools open. If they should fail to do so, without just cause or excuse, it is a breach of their statutory duty.

These days, one must assume that either mutli-academy trust trustees have assumed the responsibilities formerly with local authorities in 1979 or that Regional School Commissioners acting on behalf of the DfE have responsibility for academies under their remit. Whoever is responsible, unless either a court rules otherwise or the law has been changed since 1979, it would seem that there is a statutory duty to open schools, and by implication to staff them during a school term. Of course, fire, plague or pestilence might cause temporary closure, but, as during the covid pandemic, schools were required to stay open for certain children.  

I guess that a parent will need to bring either a judicial review or a case against a school that sent children home. Judicial Review is an expensive process, so perhaps a Council, acting as a corporate parent, could bring the case on behalf of all parents.

It would be interesting to see how the Supreme Court balanced the rights and responsibilities of parents with the duties of the State in providing education. I am reminded that in the late 1940s the then Minister of Education summoned a Council because a school lacking a hall after bomb damage was not offering a daily act of corporate worship. What might that Labour Minister have made of schools sending children home due to staff shortages?

Children in secure units

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After a difficult year in 2021/22 when the number of children taken into secure units rose from 142 to 165, there was a welcome reduction back to 139 children in 2022/23; more in line with the longer-term trend, despite the overall growth in the population within the age groups likely to end up in secure custody. Now, one child in such institutions should be one too many, so how do children end up in such places?

There are three possible routes by which a child can end up in a secure unit, often many miles from their homes:

Children detained or sentenced and placed by the Youth Custody Service.Thisincludes children detained for, or convicted of, a serious offence under the Powers of Criminal Courts (Sentencing) Act 2000 or the Criminal Justice Act 2003; or subject to a Supervision Order with a residence requirement or a Detention and Training Order under the Powers of Criminal Courts (Sentencing) Act 2000.

Children placed by the local authority in a criminal justice context. This group includes children remanded by a court under section 102 (Remand to youth detention accommodation) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; or accommodated pursuant to section 38 of the Police and Criminal Evidence Act 1984.

Children placed by the local authority on welfare grounds. This includes children who are placed into the homes by their local authority under section 25 of the Children Act 1989 for the protection of themselves and/or others.

Children accommodated in secure children’s homes: 31 March 2023 – GOV.UK (www.gov.uk)

On the face of it, the criminal justice system appears to be working better for children than a decade ago, if the aim is to reduce the number held in secure accommodation for either their protection or for the protection of others. The largest group in secure units is of boys aged 15, a similar age to where exclusions from schools tend to peak.

Resources could well be aimed at working with schools to devise strategies to divert these young men from the behaviours that put them on the track to a spell in a secure unit before they reach the peak age. After all, the characteristics of those likely to become high risk are well known.

Academies must be expected to play a part, and schools of all descriptions must not just ‘pass the buck’ to someone else to deal with. Of course, there will be the rare offender with no previous history of involvement with public services, other than a school but, even in this group, such individuals are likely to be a rarity.

Around half of the children spend less than three months in secure institutions, but it seems worrying that a portion spend a considerable time locked-up. It would be interesting to see the category of child spending more than a year in a secure institution. Are they the serious offenders eventually destined for a place in a prison, or are they there because a local authority cannot find a suitable placement in the community. Some commentary on the outcomes of these children would also be of interest in order to know whether or not a spell in a secure unit changes lives or just entrenches behaviour?

Don’t forget Jacob

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At the end of January, this blog will celebrate its 10th birthday: a decade of writing. As of today, the blog has published 1,364 posts during those 10 years, with a total wordcount, according to WordPress analytics, of around 800,000 words, or around nine or 10 PhDs. Of course, blogs aren’t peer reviewed in the same way as academic articles are pre-publication, but, like journalism, they are subject to the gaze of readers from around the world. What I think are important posts are sometimes barely read, whereas other posts have been read much more frequently. The most read posts each year are listed below:

2022 Teacher Recruitment: How much should it cost to advertise a vacancy?

2021 Half of secondary ITT applicants in just 3 subjects

2020 Poverty is not destiny – OECD PISA Report

2019 How do you teach politics today?

2018 Applications to train as a teacher still far too low for comfort

2017 Coasting schools

2016 1% pay rise for most teachers likely in 2016

2015 Grim news on teacher training

2014 More on made not born: how teachers are created

2013 Has Michael Gove failed to learn the lessons of history?

The most read of these was the September 2020 post entitled ‘Poverty is not destiny’ that was read 1,544 times during that October and was read more than 1,600 times in all during the autumn of 2020.

Older posts can collect more ‘reads’ overall as new readers browse the back catalogue. Just before Christmas 2022, someone browsed the whole of the back catalogue, resulting in the highest monthly figures recorded for any single month since the blog started.

The genesis for the blog was the columns that I wrote for the then TES between the late 1990s and my retirement in 2011. I am lucky to have many of those columns in a presentation book created for my retirement.

This column has looked at numbers to do with education, mostly statistics, but also management information. Some of the latter has been provided by TeachVac, the job matching site I helped create and run some eight years ago.

There are a few other posts of which my, so far unsuccessful, campaign for a Jacob’s Law is the most important. This Law would ensure no child was left without a school place for longer than three weeks and is especially important for the many children taken into care. If we want to stop them becoming NEETs, we need to keep them in education not cast them aside because they might be a ‘bit of challenge’. Who would be a challenge if taken from home without any warning as a young person and moved to a different location away from friends and familiar locations and your school. (Search for Jacob for the various posts about this issue)

Please campaign to ensure a place for every child in a school. These young people are the education equivalent of the patients in A&E waiting on trolleys, but their wait can be six months, and just as life changing! Lt’s make 2023 the year the DfE tackled this issue.

Minister’s business experience useful?

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Will schools in financial difficulties receive the Flybe treatment from Kelly Tolhurst MP, the new Minister of State for Education? In her career the Minister has served as a PUS – or first rank of the ministerial ladder – across three departments, plus a couple of months over this summer in the Whip’s Office, where she had previously served in a junior role in 2018. Kelly Tolhurst, MP for Rochester and Strood in Kent is possibly best remembered for being the Minister sent out explain the refusal to bail out the airline Flybe when it ran into turbulent financial conditions at the start of the covid pandemic.

“Unfortunately, in a competitive market, companies do fail, and it is not the role of Government to prop them up.

Given the time of year, the nature of Flybe’s business and fleet, and the routes that it flies, sufficient alternative transport arrangements should be available, either with other airlines or by road and rail.”

Hansard 5th March 2020

Hopefully, the new minister will be more understanding about the financial position of schools as they wrestle with the present financial crisis. As her role at the in the Business Department involved responsibility for small businesses, the MP should be well aware of the challenges that schools will face. As a supporter of the free market, she may well want to see whether the Department is spending its cash wisely on issues such as teacher recruitment and SEND.

As I mentioned in a previous post, the constraints of a national Funding Formula that can be ignored when times are good may also need to be something to be considered, especially the differences between maintained schools and academies when it comes to shifting cash around.

As an MP for Rochester, Kelly Tohurst will know of the stark differences between the town’s schools, where some are comprehensives that are operating alongside selective schools, and will as a businesswomen understand both the costs of re-organising the system nationally to benefit the few rather than the many, and the links between the school system and the need for a modern skilled workforce, something some of her predecessors may have seemed less concerned about.

As in other areas with selective schools, private secondary schools are thin on the ground in the Rochester area of Medway Council and that should be a warning to any government thinking of expanding selective education. The cost to the state of parents switching from private education to state selective schooling should be enough to dissuade any government from taking our school system back to the nineteenth Century as means of creating a twenty first century growth economy.

The Secretary of State should be familiar with issues such as youth offending and the variations between different groups and their schooling. I would hope that this will be a serious consideration for the new residents of Sanctuary Buildings, perhaps more so than under recent inhabitants.

Finally, I would again make my please for Jacob’s Law, whereby children in care are guaranteed a school pace within 14 days of the State taking over parental responsibility. This needs the promised change in the administration of in-year admissions and would befit the education of these children often taken from their families with no say in the matter and dumped in a different part of the country.

A very small but important minority

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The DfE have recently updated their study on ‘Education, children’s social care and offending, descriptive statistics’ with some 10 case studies of different local authorities. One of the case studies is of Haringey, the north London borough. Education, children’s social care and offending – GOV.UK (www.gov.uk)

Regular readers of this blog will know why I have focused on this report. For new readers, I started my teaching career in a school in Tottenham that is part of the Borough of Haringey. For personal reasons this study also brings back memories of a particular incident in January 1977 that found me on the front page of The Daily Mirror.

Much of what is in the analysis will not surprise readers, and the authors go out of their way to remind everyone reading the report that a causal relationship cannot be inferred from any characteristic.

I do have a slight issue with the choice of offences listed. There are no driving offences, such as ‘death by dangerous or careless driving’ in the list, although in my view they involve violence. Perhaps, there weren’t any recorded offences in these categories. Maybe, the same reason will apply to ‘aggravated burglary’ that can include violence.

I would recommend this report or one of the others in the selection of the ten authorities to any new teacher. Indeed, much more focus should probably be placed on the teaching of challenging pupils during teacher preparation courses. Interestingly, the report doesn’t allocate points to characteristics and score the profile of a young person ‘at risk’. He is likely to be male; few females even these days commit offences in the categories included. He is likely to do better at maths than English: an interesting observation. For the rest, you can read the report and look at the graphs, although some data are so small as to be suppressed, as they might allow individuals to be identified.  

For policymakers, and I include our next Prime Minister in that group, there has to be a consideration as to whether the focus on the subjects in the English Baccalaureate and a lack of resources for practical and vocational might have had cost implications for society. Those that successfully complete their education may well be less likely to commit acts of violence.

This blog has been championing a Jacob’s Law and has also supported the need for inter-agency working. I am not clear whether this report also considered children not yet in school because they had just moved into Haringey, and their offending behaviour.

What seems certain is that spending on those at the late stage of primary education and early secondary schooling may well be worthwhile. Indeed, ensuring every child, regardless of SEND needs, can read and write is something we ought to strive to achieve, so that no child starts secondary school regarded by the school as a failure.

The depressing fact is that such a statement could have been made at any time in the history of education. We know the problem, but have not been willing to create the solution.

Banning teachers

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Between January and the start of August this year, the body charged with regulating the teaching profession announced decisions on the futures of just over 90 teachers. Outcomes have ranged from ‘No Order Made’ to indefinite prohibition from working as a teacher anywhere in England to prohibition with the opportunity to seek reregistration after a set period of time, although a return to the Register of Qualified teachers isn’t guaranteed.  In passing, it should be noted that the term ‘teacher’ isn’t restricted in its use only to those on the Register: anyone can call themselves at teacher.

Men outnumbers women in those barred from teaching in these announcements, by around two to one, even though men are in the minority in the profession as a whole. The overwhelming majority of men barred from teaching were as a result of an issue to do with sex in some form or another; usually involving someone underage. More than 40 men were barred from teaching for this reason in announcements just in this seven-month period of 2022; along with just three women.

Two women were barred for misconduct associated with assessment. This low number may well reflect the nature of schooling and assessment since the start of the pandemic. Similarly, there were only two barring for financial reasons. There were however, a number of barring resulting from inappropriate behaviour towards pupils. This ranged from actual assaults to other behaviour seen to have crossed the line from what is acceptable.

Two teachers were struck-off for running an unregistered school, while there were a couple of cases of false references supplied by teachers in connection with job applications.

Not all incidents took place in or even involving schools. Teachers can be barred for incidents outside schools, including their use of social media and who they live with.

If you live with someone caught supplying drugs then you must tell the school authorities and your line manager straight away, especially if your premises is searched for drugs. Similarly, if you end up in court for almost any reason it is wise to declare the fact as soon as possible and indeed normally well before charges are brough if you are arrested and placed on bail. If you are remanded in custody, the school will likely know, as you won’t be able to turn up for work but you should still inform them.

Two issues arise from considering these judgements. Firstly, what about others working in schools that commit similar acts. Presumably, they are sacked for gross misconduct, but should there be a way of barring them from working with young people even if they are not professionals?

Secondly, there seem to be some areas where perhaps ‘sentencing guidelines’ might now help both panels and teachers to judgements. One such area is driving under the influence of alcohol. The small number of cases this year did seem to produce a range of outcomes. Aggravating factors might be ‘on school premises’ or ‘in the presence of children’ while mitigating factors could be ‘declared treatment started before the incident’ and ‘extreme stress in work and home life’. Clearly, letters of support do seem to swing the judgement about outcomes, and the weight of ‘being an excellent teacher’ should be signalled clearly in guidance.

The Secretary of State must sign-off panel judgements, with an appeal to the high court being the only further outcome. Should the Secretary of State, or in reality a civil servant, have this right of judgement of the panel’s decision or should panel outcomes only be subject to an appeal to a court?

Elections in School: Use PR

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Yesterday, I spoke at the Oxford rally of the Make Votes Matter campaign.

The event was to recognise the Suffrage Movement’s 1913 Great Pilgrimage in support of votes for women. In 1913, the National Union of Women Suffrage Societies (the non-violent section and the majority of supporters of the women’s suffrage campaign) organised a nationwide pilgrimage to demonstrate to the government of the day the widespread support for women’s suffrage. They marched and held meeting along the eight major roads in Britain. As a part of the pilgrimage one route passed through Oxford and included a meeting at the Town Hall. (From notes provided at yesterday’s meeting)

In 2022, the aims of the rally were to celebrate the 100 years since any women in Britain were allowed to vote for the first time and also to campaign for a proportional representation system of voting to replace the First Past the Post system. It was in connection with the second aim that I was asked to speak as a former Chair of Oxfordshire County Council, alongside speakers from other political parties and a historian and an authority on voting systems.

I ended my support for voting by proportional representation with a call to arms, suggesting that all school elections, whether the mock elections at the time of a general election or for school council positions should be run using a form of proportional representation. I would also go further and suggest that all elections for school governors should also use such a system as part of any ballot, although I recognise that such ballots are few and far between these days.

England is looking increasingly out of date in retaining the First Past the Post system for elections. No system is entirely perfect, but the present system does create significant unfairness. There are no Conservative Councillors in Oxford at any level, denying their supporters any say in democratic government. In some other local authority areas other parties poll a consistent share of the vote, but never see a candidate elected. Apparently, the only other country in Europe to use this system for elections is Belarus. I am not sure that I want to be associated with that State in this way.

You can find out more at the following website Make Votes Matter – Proportional Representation

Imperial Measures

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The announcement of a consultation into the use of imperial measures either alongside or in place of metric measures – too European – timed to commence during the Jubilee weekend remind me of the following post that appeared on this blog in August 2019 which discussed the possibility of such an announcement.

That 2019 post also discussed the curriculum, another live topic with the Schools Bill that is currently wending its way through parliament and was based upon the decision to spend more on increasing the size of the prison estate rather than on preventing re-offending.  

Rods, poles and perches

Posted on August 11, 2019

The announcement of 10,000 new prison places and increased use of stop and search by the Prime Minister made me think about what he might announce for our schools and colleges once he goes beyond the financial carrot necessary to shore up our under-financed education system.

With such an ardent Brexiter in charge, could he direct that the curriculum changes on 1st November to throw out any reference to the decimal system and witness a return to imperial weights and measures? Could the government mandate that temperature again be expressed in degrees Fahrenheit rather than Centigrade, and kilometres be banished from the language once again? Any other summer and these might seem silly season stories, but not in 2019.

I have no doubt that schools would rather that spend the £2 billion to build new prison places that this cash was spent on youth services, more cash for special schools and strategies to reduce exclusions and off-rolling by schools. This could include better provision of professional development courses to help teachers educate challenging pupils, rather than exclude them. Such measures might obviate the need for building new prisons.

I do not want to return to the dark days of the Labour government, just over a decade ago, when, at any one time, around 4,000 young people were being locked up: the number now is closer to 1,000 despite the issues with knife crime that like drugs issues is now seeping across the country at the very time when it seems to have plateaued in London.

More police and other public service staff are necessary for society to function effectively, but the aim must be focused on prevention and deterrents not on punitive action and punishment. Criminals that know they are likely to be caught may well think twice: those that know detection rates are abysmal will consider the opportunity worth the risk.

The State also needs to spend money on the education and training of prisoners as well as the rehabilitation of offenders after the end of their sentence; especially young offenders. The recent report from the Inspector of Prisons makes as depressing reading as the study highlighted in a previous post of the background of many young people that are incarcerated for committing crimes. If we cannot even work to prevent the smaller number of young people imprisoned these days from re-offending, what hope is there if society starts to lock up more young people again?

A recurrent theme of this blog has been about the design of the curriculum for the half of our young people not destined for higher education. Here the new government could do something sensible by recognising that schools have accepted that the EBacc offers too narrow a curriculum to offer to every pupil and to encourage a post-14 offering that provides for the needs of all pupils. This might be achieved by encouraging schools and further education to work together.

A start might be made by increasing the funding for the 16-18 sector and identifying what was good about the idea of University Technical Colleges and Studio Schools and why the experiment has not worked as its promoters had hoped.

Children in Care: the civil rights issue for our time

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An important independent report on children in care was published today Final Report – The Independent Review of Children’s Social Care (independent-review.uk) Those of you that have read my blog post about the need for a Jacob’s Law will find much to be encouraged by in the suggestions for change contained within this new report. Time for Jacob’s Law | John Howson (wordpress.com)

Sadly, there is also much to be concerned about as well. One outstanding section of the Executive Summary really resonated with me when I read it for the first time.

The disadvantage faced by the care experienced community should be the civil rights issue of our time. Children in care are powerless, are often invisible and they face some of the greatest inequalities that exist in England today. In spite of these injustices so many ‘care’ experienced people go on to run businesses, start families, earn doctorates, produce drama, write poetry, become government ministers and contribute to the world in countless ways

Five ambitious missions are needed so that care experienced people secure: loving relationships; quality education; a decent home; fulfilling work and good health as the foundations for a good life. Central government and local authorities, employers, the NHS, schools, colleges and universities must step up to secure these foundations for all care experienced people. This will require a wider range of organisations to act as corporate parents for looked after children, and the UK should be the first country in the world to recognise the care experience as a protected characteristic.

Executive-summary.pdf (independent-review.uk) Page 11

This afternoon, the House of Lords debates the Second Reading of the new Schools Bill, and I hope that a need for a Jacob’s Law, ensuring rapid admission to schools for children taken into care and required to move school, will receive at least a passing mention. Adding a Clause about in-year admissions and local authority requirements on academies to take such children would be a quick win for this group of what one might call ‘bin bag kids’. They earn that epithet because all too often they come home and find all their possessions in black bin bags in the bag of a social worker’s car. Just imagine how you would feel if that happened to you as a teenager?

Perhaps it is not surprising that a significant number of young people in our young Offenders Institutions have experienced a period in care. In the Inspection Report on Werrington YOI published recently 42 of the 91 young people survey had been in care at some point before receiving a custodial sentence or serving time on remand. Werrington-web-2020.pdf (justiceinspectorates.gov.uk)

Even though these are difficult economic times, some rebalancing of government priorities remains necessary, and both ensuring services are in place to prevent child neglect – often the most common reason for young children being taken into care – and creating better outcomes for those that are taken into care is a vital necessity as the report published today makes clear.

Every councillor with responsibility as a corporate parent should ask themselves the question: can my Council do more for these young people?