Tag Archives: academies

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?

Why do some schools suspend more pupils than other schools?

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The levelling up debate seems to have somewhat been overshadowed recently by the concerns about Ofsted, and the issues with worker’s pay and conditions. However, the problem of how to increase success rates for some schools hasn’t disappeared.

As I have written before on this blog, the lack of any local ability to intervene in the absence of government funding stream for levelling up, means that improvements are often haphazard, if they even happen at all. Academy chains could shunt pupils out of their schools, and leave others to cope, and failing schools have limited support outside of opportunity Areas or other places with special funding.

For a long period of time, part of Oxford city – that city of dreaming spires – has been divided into two; the generally, affluenct and successful North and West of the city, and less well-off south and east, as the ONS data from the 2021 starkly reveals. Not so much a case of the wrong side of the tracks, but the wrong side of the river Cherwell – not, note, the river Thames.

As a result, it is perhaps not much of a surprise to find that two of the state-funded secondary schools within the city – both located in the south of the city – have places in the top 200 secondary schools by the rate of suspensions during the Spring term of 2021/22 school-year. Fortunately, neither is in the top 100 schools, and for both they are probably faring better than they were a few years ago.

This an issue that the government’s Social Mobility Commission Social Mobility Commission Quarterly Commentary: March 2023 – GOV.UK (www.gov.uk) might wish to explore in some detail.

Five of the 20 local authorities with the most schools in the top 200 secondary schools are authorities with selective secondary schools. One is a south coast unitary with a disproportionately large number of its non-selective schools in the list of the top 200 schools. Like Oxfordshire, it is an authority unlikely to attract extra funding for its schools under levelling-up, but there must be an issue to explore as to why so many of its schools are in this list?

A few years ago, University Technical Colleges used to feature strongly in this type of list, but closures and presumably some better understanding of transfer at fourteen has reduced their number to four, two of them being the only schools in their authority in the list.

The extent to which feeder primary schools for these 200 schools also feature in the list would be an interesting exercise to undertake. Also, it might be interesting to ask why one county has only one school in the list, whereas an adjacent unitary has three schools?

There is something of a north-south divide in the list and relatively few schools in London are in the list: an interesting turnaround from the last century, when I am sure that there would have been more of the capital’s secondary schools in the list. No doubt, the strength of some of the academy chains located in the capital has made a difference.

Do means matter?

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The DfE has published some performance data for academies and multi academy trusts Multi-academy trust performance measures (key stages 2, 4 and 5) – GOV.UK (www.gov.uk) The outcomes are quite rightly heavily hedged about with qualifications about how schools have become academies, and also that schools differ in size, character and parental choice. Indeed, I wonder whether the original reason for why a school became an academy, perhaps more than a decade ago is still relevant?

What struck me at first glance was that as the secondary sector becomes dominated by academies there is a reduction to the mean (average). Various Secretaries of State have wanted all schools to be above average, as this exchange with Michael Gove when in front of the Education Select Committee revealed. Michael Gove’s Kafkaesque logic – Left Foot Forward: Leading the UK’s progressive debate However, I don’t think he was the only Secretary of State to fall foul of this aspiration. Academies in the group forced to change their status because of under-performance not surprisingly do less well than those that chose to become an academy.

The key question for the current Secretary of State must be what do you take from this data in terms of the ‘levelling up’ agenda? I don’t think the present incumbent of the post of Secretary of State for Education has been asked the question about averages, but that shouldn’t stop her asking the question about what policy changes are needed based upon these outcomes?

As an additional discussion point, the secretary of State might like to ask her officials two further questions. What is the relationship between the schools in these tables and the percentages of NEETs produced by different types of schools, and how can schooling work to help ensure as many as possible of our young people eventually enter the labour market at the end of their initial education and training journey? After all, we should all be life-long learners.

After last year’s aborted attempt to make all schools academies, and the mauling of the Bill in the House of Lords there is still a need to ensure the middle tier works to the best advantage for all children. Whether there is a role for local democracy in schooling is still a live issue, but not one that will feature highly at the next election.

But, regardless of who runs schools, there is still work to be done to achieve excellence for all and that no child is left behind, to quote just two aspirational messages from past attempts at improving the outcomes for our schooling system.

Of course, without sufficient teachers, the risk is of deterioration not improvement in outcomes; not what the Chancellor wants to see if the economy is to continue to grow.

The pay of senior staff in academies

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Yesterday was Oxfordshire County Council’s Budget Day. Along with the budget itself two reports were presented; one on gender pay differences, and the other a required report of the Council’s Pay Policy. The latter included the salaries of senior staff as at the 1st January 2023. During the discussion on the Council’s Pay Policy I raised the issue of the pay of senior staff in standalone academies and multi-academy trusts.

I wrote a blog about this issue The Pay of Academy Staff | John Howson (wordpress.com) after I had raised the matter once before in council in the form of a question to the Cabinet member.

In advance of yesterday’s meeting, I checked the accounts at Companies House for all Oxfordshire Secondary Schools that are academies (one school is still not an academy because of a budget deficit). By now, all academies should have filed their 2022 accounts ending in August 2022 at Companies House. However, some have still to do so, but they will be unlikely to affected the discussion about how much senior staff should be paid if the benchmark is set, as in my previous blog, at £150,000.

Interestingly, as in my last study, no MAT or standalone academy with a headquarters in Oxfordshire paid any staff member £150,000 or more according to their accounts. However, with the September annual pay increases it seems likely that inflation will have pushed two Trusts int a position of now paying more than £150,000 in salary to their highest paid employee.

Of more concern was the fact in the accounting year to August 2022, four Trusts, all headquartered outside Oxfordshire, paid their highest paid employee more than £150,000. All were in the list of five Trusts mentioned in my previous blog. I am especially concerned about one Trust with a reported top salary of £280,000 in the year to August 2022, as that is more than twice the salary of Oxfordshire’s director of Children’s Services. As the Trust is located in an area not considered high cost for property prices, and is not as large as some other Trusts, I wonder about the reasons behind such a high salary.

The DfE remained concerned enough about Academy salaries to recently publish a list of Trusts where at least one employee earns more than £150,000. The list runs more than 14 pages in length. Academies consolidated annual report and accounts: 2020 to 2021 – GOV.UK (www.gov.uk) Annex 6.

This issue of pay of academy employees is relevant to local authorities because managing their remaining education functions will become more challenging because the government has failed to cap MAT employees’ pay. Recruiting staff into local government, already difficult will become even more challenging for our education service.

The present government has talked about the importance of Pay Review bodies in the public sector, but so far has exempted senior staff in MATs from pay controls. Ministers have written lots of letters urging pay restraint, but, seemingly, to no effect.

Paying extreme salaries in MATs also means higher central costs imposed on Oxfordshire schools and, as a result, less cash to spend on Oxfordshire pupils. The increase in pay of senior staff in academies isn’t the sole cause of the deterioration on Pupil Teacher Ratios secondary schools over the past decade, but it certainly hasn’t help prevent them worsening.

 

Are you paying too much to advertise a teaching vacancy?

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The most read blog post this month is the one from 2020 entitled ‘How much should it cost to advertise a vacancy?’ Teacher Recruitment: How much should it cost to advertise a vacancy? | John Howson (wordpress.com) So far, yesterday’s 10th birthday post comes in second highes, with 20 views as against the vacancy post that reviewed the publication of the tes company accounts for 2019.

Today, the tes group, now entirely shorn of it print heritage, released its accounts for 2021-22 to August 2022. The company, fronted by its UK management, is ultimately owned by Onex Partners V, part of the Canadian ONEX Group of equity investors. Their third quarter report for 2022 identifies an investment of $98 US in the Tes Global (“Tes”), an international provider of comprehensive software solutions for the education sector  18d46e0 f-a5b9-435a-a039-9849ef723683 (onex.com) page 9

So, our major teacher recruitment platform, now offering a much wider staff management service to schools, increased its UK (mainly England) turnover from £54 million to £68 million in the year to August 2022. How important both staff management and the UK are to the profit of ONEX can be determined form the following figures

Turnover             2022                     2021

UK                        £68.2 mn          £54.0 mn

Europe                £  2.9 mn             £ 2.6 mn

Rest of World     £  9.0  mn           £ 9.0 mn

Income

Staff

Management    £61.2 mn          £56.5  mn

All activities      £80.2 mn           £66.1  mn

TES accounts – see link above page 29

So, in the last school year the tes took £68 million pounds from UK schools, the bulk of the money for recruitment and staff management by subscriptions from schools. 84% of staff management revenue came from subscription income and, as the accounts note (page 2) this was a 26% increase in revenue, presumably as more schools and Trusts migrated to subscription packages from point of sale purchase of advertising. The profit for the operating year was £28.7 million compared with £2.3 million the previous year that was badly affected by covid.

The group values its software at £46 million. That leaves me wondering what the book value of TeachVac’s simple but effective job matching service should be? Perhaps the £3 million suggested by our advisers is a little on the mean side.

TeachVac http://www.teachvac.co.uk costs less than £150,000 a year to operate. Being generous, it might cost £500,000 if operating on a similar cost model to the tes. The DfE job site probably costs a bit more, but we don’t actually know how much. The question for schools, MATs and the education sector is ‘How much of the money you are spending with the tes is for the downstream activities on staff management and how much for the job bord and matching service, and is it value for money?

Assume only 10% is for the matching, that could be £5-6 million of the subscription income after allowing for the tes turnover on Hibernia and other activities. TeachVac was established to demonstrate to the sector the cost-effective nature of modern technology over the former print advertising methods of recruitment. Readers can make up their own minds over value for money when comparing the £500 annual subscription to TeachVac that will reduce as more schools sign-up, and the cost of a subscription to tes.

Is your school using TeachVac?

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Created eight years ago, TeachVac www.teachvac.co.uk has already matched nearly 4,000 teaching posts so far in 2023 with teachers and other interested in filling these jobs.

After eight years of being a free service TeachVac now charges secondary schools less than £10 per week -£500 per year plus VAT – for matching all their teaching posts for a year with its ever growing database of new and experienced teachers and recruitment companies. Primary schools pay £75 per year and can be free to academy trusts and other groups of schools that sign-on together with at least one secondary school.

Schools can sign up on the website – use the button to start the registration process or email enquiries@teachvac.co.uk and the staff will answer any queries about the service.

As TeachVac has traditionally had more jobs that the DfE site, it is a better place for jobseekers to register to be sent the links to jobs that meet with their specifications and a few that they might not have thought about. New registrations are being added to the list of those matched with vacancies every day.

With 75% of the teaching posts in 2023 posted by schools in or around London, schools in London, the south East and East of England should be at the front of the queue in signing up to TeachVac. Can you afford to miss out on access to the jobseekers in TeachVac’s database that receive relevant new jobs every afternoon. www.teachvac.co.uk

As an example, those teachers looking for a maths teacher post in North London will have received details of 14 different vacancies over the past two days from TeachVac. If your school isn’t using TeachVac then your vacancy won’t have been one of these sent to TeachVac’s users, if you posted one.

TeachVac is looking to use the income from schools to expand into offering a similar service for non-teaching posts and if enough schools sign-up the additional cost would be minimal. In the school-term, where schools offer a visa service for overseas applicants we will be introducing that fact into the matching service shortly.

TeachVac’s users are loyal, with 75% of all registered users still receiving daily matches,. This allows teachers considering a  move or looking for promotion to monitor the job market in the area where they are interested in working. Feedback tells us teachers used TeachVac to secure their job.

However, there are shortages of teachers in some subjects and TeachVac acknowledges that fact. But by not using the TeachVac platform for less than £10 per week schools can miss out on TeachVac sending their job details to those that are registered with TeachVac. Is it worth the risk for just £10 per week?

Tomorrow, TeachVac will publish an analysis of the first two weeks of 2023 compared with the same period in 2022 and compare the position with the government’s ITT census of trainees expected to be job hunting for a September 2023 post. The figures in some subjects will look extremely worrying.

TeachVac special offer

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TeachVac are now offering a FREE subscription, up until February 2023, if you register a school with TeachVac now! From February, TeachVac will invoice a yearly subscription of £1 per match with a ceiling of £500 for secondary schools and £75 for primary schools.

Sign up at   http://www.teachvac.co.uk

TeachVac has made 2,000,000 + MATCHES MADE in 2022

 TeachVac has listed 100,000 + TEACHING JOBS in 2022

2023 vacancies will only be listed for schools signed up to TeachVac.

The average secondary school received more than 500 matches in 2022.

2023 will be another difficult year for teacher recruitment, so can you afford to miss this offer?

School Uniforms: Good idea or extra cost burden?

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This September, schools will have had to update their websites to take account of the Education (Guidance about costs of School Uniforms) Act 2021. This was a Private Members Bill, passed last year. The provisions, although requiring more work from schools, are no doubt timely for parents where schools have taken the new Act’s sentiment and coupled it with dealing with the effects of the present cost of living crisis.

In one location I know well, one academy is offering a free blazer to every child entering Year 7. However, another academy that is changing its name this September is requiring all pupils to have the full new uniform. Blazer, tie and PE T-shirt must be purchased from the nominated supplier. For those without access to the internet, the supplier’s shop is probably two bus rides away across town. Although a faith school, the school’s website doesn’t make any obvious reference to assistance, especially for families with more than one child at the school: not much evidence of Christian Charity, although the same school has support for Ukrainian refugees.

The need for charity to start at home is emphasised by the fact that many local authorities have scrapped grants for uniforms that were once commonplace. Authorities can still make grants of up to £300, but few can afford to do so.

As a twin, I well recall the costs of kitting out two boys for secondary school at the same time. That summer, our holiday was with relatives, perhaps to save for the cost of uniforms plus accessories.

One school site I viewed recently even required a calculator priced at £16.99. no doubt it is useful for every pupil to use the same one; but it does erode the concept of ‘free education’, especially when the school’s accounts for 2021 revealed a balance of over £1 million pounds, partly helped by the delay in constructing new facilities. Might this be a case of my old bugbear, transferring revenue into capital and expecting parents to make up the deficit?

Of even more concern than the cost of school unforms to many families in rural areas is the cost of actually reaching school each day, especially if the school is just under the three-mile limit for free transport or the child is aged 16-18. The situation is compounded where there is now no local bus service or convenient rail station.

For any young person wanting to attend a further education college or be faced with a mandatory change of school in an 11-16 plus sixth form set-up, the cost can be serious. Whether it is enough to put-off some young people from studying expensive courses, where students required to purchase expensive equipment to take the course, we just don’t know.

Free school meals have received a lot of publicity, the other costs to families associated with schools, especially in rural area, where wages are often lower than the average, and some workers must live in tied-accommodation, has received less consideration.  Swop shops and second-hand stores may help, but governing bosies should be mindful of the costs of attending their schools, especially for families where several children are attending at the same time. And, then there is the in-year costs to consider, such as school trips.

Their Lordships 1: DfE 0

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If the Schools Bill brought before parliaments soon after the state Opening this spring was a football match that might be the current score line. Today the Minister, Baroness Barron, The Under-Secretary of State for Education has written to all members of the House of Lords announcing major changes to the Bill as first presented to parliament. as a copy has bene placed in the House of Lords library, I feel able to comment on its contents.

 The government still wants an all-academy system, but more of that later. The Minister has said that

The Government has carefully considered the views of the House and as such intends to remove Clauses 1-4 and Schedule 1 from the Bill. Noting that amendments have been tabled to oppose that Clauses 1,3 and 4 stand part of the Bill, the Government intends to support the removal of these Clauses, and table further amendments to remove Clause 2 and Schedule 1, which also form part of the measure.

There have also been concerns on the Academy Trust Termination and Intervention powers (Clauses 5-18 and Schedule 2). This concern is reflected in the amendments that have been tabled to oppose that these Clauses and Schedule 2 stand part of the Bill. I can confirm that is also the Government’s intention to support these amendments.

The Government will support these amendments at this stage and bring forward revised proposals in the House of Commons.  Extract from letter to Members of The House of Lords

I am not sure when I can last recall such a comprehensive review by a government on a Bill of this nature.

The survival of the Bill now depends upon the wider political scene. If there were to be an autumn general election, called by the Prime Minister as a result of a combination of changes in the Labour Party and the Prime Minister taking the view that a general election was less of a problem than a Standards Committee Inquiry, and any consequences resulting from such an inquiry, then the return of the Bill might depend upon whether there was sufficient parliamentary time in what is known as the ‘wash-up’ to see the Bill through all its stages before parliament was prorogued.

Of course, if there isn’t a general election there will be plenty of time to create an all-academy school system with no local democratic scrutiny of schooling.  Presumably, so long as the faith communities can be dealt with to their satisfaction, no other groups will matter.

However, it is to be hoped that the importance of ‘place’ in the delivery of an education system will be recognised. Whether local authorities will want to put the same effort into managing admissions and transport under the new arrangements will be an interesting set of questions.

Academies dominate teacher recruitment market

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TeachVac, the National Vacancy Service for Teachers, has estimated from an analysis of its data that 65% of teacher vacancies in 2022 have been placed by either MATs or stand-alone academies. Maintained schools, more common in the primary sector, where nationally advertised vacancies tend to be fewer in number, have accounted for only 35% of vacancies.

Multi-Academy Trusts (MATs) with more than 100 vacancies so far in 2022 accounted for 19% of the overall total of vacancies, and a higher proportion of the vacancies for secondary teachers.

One large MAT has posted more than 1,000 vacancies so far in 2022. There is an interesting question for the sector arising from this, as that MAT is one of those selected by the government to lead the new Institute of Teaching. Will there be a barrier between one side of the business and the other or will the MAT be in a more favourable position to recruit trainees than other MATs and maintained schools?

Recruitment has never been level playing field. Indeed, in 1995, I made just this point on page 213 of a book by Bines and Welton entitled ‘Managing partnership in teacher training and development’. Interestingly, I also pointed out in that chapter the need to integrate professional development into a programme that stretched beyond the then probationary year. Some things never change.

In order to meet the demands for teachers that have seen record levels of demand by schools this year, TeachVac, the on-line job board where I am Chair has just launched a new Premium Service that places subscribers’ vacancies at the top of the list of matches sent out each year.

TeachVac’s basic service remains free to schools, but the Premium Service that lists vacancies at the top of the daily match list sent to users costs £1 per match up to a maximum charge per school of £1,000 +VAT per annum for secondary schools and less for primary schools. As more schools sign up to the Premium Service the cap could be reduced to £500 per annum. With approaching 80,000 vacancies handled in 2022 to date and more than 1.8 million matches the premium service offers outstanding value for money and as more teachers sign up to the platform will over even better value. Schools can find out more at enquiries@oxteachserv.com or by messaging me directly.

Recruitment for unexpected January 2023 vacancies and for September 2023 will be challenging and as MATs and academies are currently putting their finishing touches to their 2022/23 budgets, now is an excellent time to adopt TeachVac’s No Match: No fee Premium Service with its cap on annual expenditure that can be built into the budget.

TeachVac doesn’t waste money on the hard sell. Sufficient schools have signed up to produce 1,100 matches through the Premium Service in June alone, after the May deadline for resignations. We believe that results are the best form of marketing.