Attendance Group must address in-year admissions issue

I recently caught up with news about the DfE’s Attendance Group, and the Minutes of its December meeting.  Attendance Action Alliance January meeting notes: 9 December 2021 (publishing.service.gov.uk)

I am delighted to discover the high-profile nature of membership the Group and that the Secretary of State has taken an interest, as owner of the work. However, although the Group discussed the question of a register for home educated children and the concerns over those children just missing school on a regular basis, I didn’t find any emphasis on ensuring that children taken into care are offered a school palace as swiftly as possible and within set time limits. The same standards also need to be put in place for children with special needs whose parents move to a new location during the school year and need a new school placement.

Taking a new job should not be conditional on whether there is a special school place available for your child.

In a previous post on this blog, calling for a ‘Jacob’s Law’, I laid out the case for in-year admissions to academies not to be held up by such schools not wanting to admit such children. The 2016 Education White Paper: Education Excellence Everywhere recognised there was an issue with in-year admissions to academies because local authorities had no powers to over-rule the decision of a school not to admit a pupil. This was why Jacob was out of school when he died. Time for Jacob’s Law | John Howson (wordpress.com)

Sadly, nothing significant has changed since 2016. I hope that the Attendance Group will consider the issue of in-year admissions at a future meeting, and not just focus on the parents that don’t send their children to school. The system must work for the benefit of all and not just those that are easy to educate. The same is the case of children with SEND requiring in-year admission to a school.

These young people must not be ignored, and just offering tutoring is not the same as admission to a school. Home tutoring doesn’t provide the same social interaction that being in a school provides however good the ‘virtual school’ is at its job.

Of course, there are risks where the school community is hostile to incomers and many schools could well look to improve the transfer experience for in-year admissions that can be even worse than that experienced by pupils transferring at the start of the school-year.

Being taken into care as a school-age child is a traumatic experience, and we owe it to these children to make sure that their education is affected as little as possible. So, it is my hope that the Attendance Group will as a minimum endorse the 2016 White Paper suggestions and, if possible, go further and set time limits for school places to be offered to children taken into care and requiring a new school placement. For most, it wasn’t their fault that they have ended up in the care of the local authority where all the secondary schools are academies.

Academies increase cash balances

Hard on the heels of the Treasury Select Committee’s Report, with its comments on government funding of education – see previous post on this bog – comes the 10th Annual Academy Benchmark Report from Kreston Global Kreston-Academies-Benchmark-Report-2022-Web.pdf (krestonreeves.com) This detailed report raises a set of interesting questions, and also offers pointers as to why the labour market for teachers in the secondary sector may have been so buoyant during January 2022.

The Kreston Report comments that

Once again, we are seeing record breaking in-year surpluses for MATs, whilst secondaries are showing a small increase and Primaries have fallen to 2019 levels. But this top level statistic hides the complex mix of variables giving rise to the surpluses. This result is likely to be a by-product of Covid-19 factors rather than an intentional result. The good news is that fewer Trusts are now in a cumulative deficit position and only 19% had an in-year deficit (2020: 25%).”

And

The size of the in-year surpluses has gone up to record levels; there are less Trusts making in-year deficits, there are less Trusts with cumulative deficits, free reserves are up, and cash balances are up.” (page 12).

The Kreston Report adds that: “From conversations we have had with our Academy clients many were budgeting for in-year deficits or to break even, and were on track for this to happen. “(page 11).

Now, does this mean that a lot of the cash for catch-up programmes is already sitting in secondary school bank accounts? Why wasn’t the saving on supply teachers and other budget heading immediately transferred into support for pupils?

To allow reserves to increase during the pandemic raises questions abut either a lack of congruence between values and budgets or a less than perfect understanding of financial affairs by school leaders? Surely, neither is the case. However, the increase in balances, even if unexpected, does raise some interesting questions about the relationship between decision-making and educational values.

Way back in the 1990s, when I first worked on Assessment Centres for would-be headteachers, this was an issue of concern. Those in education are good at talking, but do they always possess the skills to put their values into actions? What is the relationship between the values of school business managers and education leaders, especially when faced with challenges for which there is no rulebook?

One reason for high cash balances cited by Kreston in the report is my old bugbear, saving for future capital spending. The Kreston Report says this “Some MATs do have a strategy of accumulating funds within the central fund to meet the costs of future capital projects, so this could explain why there are sizeable balances carried forward in some cases.” (page 20) My view has always been that revenue spending should be for today’s pupils, not those of tomorrow, especially when the non-physical environment is so challenged as it has been during the pandemic.

The Kreston report concludes with some interesting benchmark data, but not, as far as I can see, anything on staff recruitment costs. In view of the amount schools can spend in this area, that seems like a curious admission not to extrapolate it from the measure where it is no doubt currently buried.

Taken together, both the Select Committee Report on future spending and the Kreston Report on past trends make for interesting reading for anyone concerned with the education of the nation’s young people.

Start Recruiting now

This is the stark warning to schools across much of Southern England that may need staff this September and especially to secondary schools. TeachVac www.teachvac.co.uk data has shown that the first three weeks of January have witnessed a continuation of the trend at the end of 2021 with a considerable increase in vacancies recorded.

TeachVac hasn’t changed its vacancy collection methods since 2020 but it has seen vacancies listed in the first 19 days of the month in 2022 increase by 14% over the recorded numbers recorded in early January 2020 pre-pandemic, and by a whopping 135% over the depressed level of last January.

As reported in a previous post, design and technology staff will be especially hard to recruit in 2022. Already in 2022, vacancies recorded are 48% up on the same period in 2020. Vacancies for teachers of music are up by an eyewatering 73% on 2020 vacancies in early January.

All these vacancies mean that the pool of new entrants will be reducing at a faster rate than in previous years. High quality trainees will be offered vacancies by schools that understand these trends and are aware of the state of the pool of trainees, either because they run school-based programmes or because their mentors have told them what higher education providers are saying.

TeachVac’s low-cost service can keep school up to date with trends for as little as £100 and a maximum of £1,000 per year that includes listing and matching all the school’s teaching vacancies with TeachVac’s growing pool of register users.

Registration also provides access to far better data than on the DfE site and also intelligence on the state of the recruitment round for trainees for September 2022 and hence the labour market in 2023.

Signing up today at www.teachvac.co.uk and the tab matching service will also bring a free copy of TeachVac report.  Message me if you want more information or use the comment box.

Prudent measure or wasted opportunity?

The DfE has recently published details of the revenue balances held by academies and Trusts. Academy trust revenue reserves 2019 to 2020 – GOV.UK (www.gov.uk) Unlike maintained schools that follow the local government financial year, the academies financial year follows a September to August pattern, broadly in line with the annual cycle of school life. The different financial years would make comparisons between the two sectors difficult, but doesn’t prevent comment and analysis about the state of finances in either sector.

The DfE document contains this useful summary

Summary

At the end of the academic year 2019/20

• 95.9% of trusts had a cumulative surplus or a zero balance.

• 4.1% of trusts had a cumulative deficit.

• The average revenue reserve across all academy trusts was £1.15 million.

• The average surplus balance, of trusts with a surplus, was £1.22 million.

• The average deficit balance, of trusts with a deficit, was £376,000.

• The total cumulative surplus across all academy trusts was £3.17 billion.

• The total cumulative deficit across all academy trusts was £42.1 million.

• The total net financial position of all academy trusts was a cumulative surplus of £3.13 billion.

Trusts average reserves – In 2019/20 average revenue reserves across academy trusts were £1.15 million, compared to £0.96 million in 2018/19, an increase of 20%.

In 2019/20 the average surplus balance was £1.22 million, compared to £1.05 million in 2018/19, an increase of 16%.

The average deficit balance in 2019/20 was at £376,000, compared to £381,000 in 2018/19, a decrease of 1.3%.

Trusts average reserves as a percentage of income – average academy trust reserves as a percentage of a trust’s income stood at 11.4% in 2019/20, compared to 10.8% in 2018/19.

This last fact will no doubt raise some eyebrows, as putting more than one pound in every ten received into reserves doesn’t suggest a system in the financial crisis that is the regular message from the frontline in education. Of course, putting cash aside to pay auditors bills and other future expenditure is a prudent idea. However, saving across a Trust for a specific project benefiting only one school is somewhat against the spirit of budgets being devolved to schools, and one of the criticism that used to be levelled at local authorities when they were responsible for schools.

Removing local democratic accountability for schooling should not have allowed unelected bodies to either build up large reserves or to favour certain schools over others. I have always maintained that the concept of revenue funding is to provide the funds to educate the pupils of today and not to save for the future education of others. Perhaps it is time that the National Audit Office had another look at the nature and purpose of these reserves held by academies and the Trusts to which they belong?

The State cannot just abandon children

Less than three weeks ago I wrote a post about ‘closing schools’.  I concluded by saying that:

‘We are better equipped to deal with unforeseen events these days, whether fire, floods or pestilence; but only if we plan for them.’

Last night, I was talking live on a local radio station when the news about school closures was being announced. I was immediately struck by the very lack of planning I had suggested was needed. Obviously, no announcement was made about the consequences for the examination system and the knock-on effects about entry to higher education this autumn. True, that doesn’t need to be solved immediately, but it is a major worry for a group of young people and their parents.

Of more concern, not least in rural areas and other locations with small schools, was the statement about children falling into two groups: those of key workers and those regarded as ‘vulnerable’.

With budgets devolved to schools, decisions the education of children in these groups may have to be made at the level of the school site. Firstly, there needs to be agreement of those actually falling into each category. Secondly, for small schools, what happens if all the staff are either off sick or self-isolating: who takes responsibility? Clearly, MATs can handle decisions across their family of schools, if the finding agreement allows. But what of other schools?

My initial reaction, live on local radio, was to call for a strategic group in the local area formed from the Anglican and Roman Catholic diocese and arch-diocese, the largest Multi-Academy Trusts in the area and the local authority.

The local authority can coordinate transport and special needs and work with the other groups on ensuring a skeleton of schools are able to open, even if staff are asked to move schools. There is no point in every small rural primary school staying open for just one or two children, unless it can also in those circumstances take other children as well.

This is where the lack of planning ahead in a society dedicated to individual freedom and choice has created a set of questions we are ill-equipped as a society to answer. Is it right for government just to dump the problem on its citizens, or should it take a more interventionist approach: especially to ‘so called public services’? It is interesting that in transport the approach to services in London by the Mayor seems much more coordinated.

Perhaps this crisis will finally bring home to policy-makers the need for a coherent middle tier in education, able to do more than arrange school transport and adjudicate on school offers.

Faced with the prospect of schools being closed until September, and the possible default of some schools in the private sector as they lose their summer term fee income, there needs to be some coherent planning, both for the closure and an orderly return to a fully functioning sector. You only have to search back through this blog to know how I feel we might move forward.

Education is a fundamental Human Right

Last week there was a report from the Ombudsman (sic) about the management of the process of to the admission of a pupil to a school. This report was of especial interest to me as it involved Oxfordshire, where I am a county councillor.

Long-time readers of this blog will know of my concerns over the time required for some children taken into care to be offered a school place, despite their vulnerability. I have written about that issue several times, but probably most tellingly in April last year at https://johnohowson.wordpress.com/2018/04/17/educating-children-taken-into-care/

The fact that other children are also being affected is very disappointing, and disheartening when it is happening so close to home.

I firmly believe this is a basic right of children to be provided with education by the State, if asked to do so. To leave a child for 14 months, as in the case highlighted in the report from the Ombudsman, with either less than full-time education or no education at all is unacceptable.

We now fine parents for taking children on holiday in term time, so we cannot accept, even in these times of cuts to public services, a child facing long periods without education as a result of administrative issues.

Indeed, I am reminded that the first Protocol of Article 2 of the 1998 Human Rights Act reads as follows:

Right to education

No person shall be denied a right to an education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching is in conformity with their own religious and philosophical convictions.

https://www.equalityhumanrights.com/en/human-rights-act/article-2-first-protocol-right-education

The fault is not entirely that of Oxfordshire, the power of academies to dictate their own in-year admissions and the failure of government to act quickly when asked to rule on the issue don’t help.

Indeed, the 2016 White Paper that suggested that in-year admissions be returned to local authority control would be a good start.

If Mr Williamson wanted an early win for parents, pending time for legislation, he could gain voluntary acceptance for academies and their Trusts to agree to work with local authorities on admissions and not to opt out of local arrangements.

However, all Oxfordshire’s children already have Oxfordshire County Council as their first line of defence when there are problems, as the Ombudsman pointed out at paragraph 60 of their Report:

Section 19 of the Education Act 1996 states councils have a duty to make arrangements to ensure the provision of suitable education at school or otherwise for each child of compulsory school age who for reasons of illness, exclusion or otherwise may not for any period receive suitable education unless arrangements are made for them. This duty is binding.

https://www.lgo.org.uk/information-centre/news/2019/jul/oxfordshire-teen-left-out-of-school-for-14-months-because-of-council-delay

Young people only have one chance of education alongside their peers, and we have to provide the resources to take care of challenging cases as much as for the majority of pupils that cause no issues for the State, and the schools it funds.

 

 

Stop wasting money

A new report commissioned, and part funded by the Local Government Association, has found that ‘middle tier’ oversight functions for academies cost some 44% more than for local authority maintained schools. The research was carried out by Sara Bubb Associates, and the team conducting the study involved some senior figures from the world of academia. The full report can be accessed from: http://sarabubb.com/middle-tier/4594671314

This study published shortly after the call for evidence by the Confederation of School Trusts (see earlier post) shows that the overall costs for middle tier functions within the academy system in 2016/17 was £167.05 per pupil compared to £115.71 for the local authority system. It is worth pointing out that the two do not share a common financial year, and that some of the disbanded local advisory and professional development functions may have been taken up by MATs. However, neither of these points would be likely to fully explain the difference between the two amounts.

By my calculations the figures in this report suggest that saving of some £300 million might be made if the ‘middle tier’ was rationalised and local authorities were charged with oversight of all schools; perhaps with regional boards to allow for the economies of scale that this report points out are missing from the current academy sector at present.

The authors of the report call for an urgent review of the middle tier system in the light of international best practice. It is generally acknowledged that England has some of the most centralised public services; schooling is no exception to that state of affairs. The authors also recommend an evaluation of the cost-effectiveness of the multi-academy trust model, and I would add of standalone academies as well. The authors also want to see greater efficiency, fairness and transparency in funding the oversight of England’s school system. The DfE has gone some way since the data used in this report on at least facing up to the high salaries that were being paid in some parts of the academy system, but have not yet tackled the underlying issues identified in this report.

The DfE has also undertaken some work to drive down costs for schools, emulating, for instance, TeachVac’s free national vacancy site with a version of their own. However, the have failed to take on board advice in the 2016 White Paper that might have clarified some of the ‘middle tier’ functions, such as in-year admissions once again becoming the responsibility of local authorities. That isn’t just a cost matter, but also one of fairness for pupils compelled to change school during the school-year. As I have pointed out in the past, children taken into care and moved away for their own safety from their previous home often find some schools reluctant to admit them, even if they have places available.

Perhaps any new regime at Sanctuary Buildings after the new Prime Minister enters into office will use this report as the basis for a fresh start. However, I am not holding my breath. In the meantime, reports such as this one that highlight the amount of money being spent unnecessarily are to be welcomed.

 

 

 

Interesting data from ofsted

The Regional Director of ofsted spent just over an hour answering questions at a meeting earlier this week of Oxfordshire’s Education Scrutiny Committee. Sadly, neither the press nor any members of the public turned up to hear this interesting and informative exchange of views.

One of the questions posed by the Committee was about schools ranked ‘outstanding’ on previous criteria and whether the judgement will remain when the new Framework, currently out to consultation, comes into force. There doesn’t seem to be a mechanism to reset the dial when there is a major change in the inspection framework.

This question was thrown into sharp focus later this week by ofsted’s publication of inspection outcomes for the autumn term of 2018. This is available at: https://www.gov.uk/government/statistics/state-funded-schools-inspections-and-outcomes-as-at-31-december-2018

Of the 102 schools classified as ‘exempt’ under the 2011 legislation, that were subject to a full inspection, 12 schools (12%) remained outstanding, 50 (49%) declined to good, 35 (34%) declined to requires improvement and five (5%) declined to inadequate. The fact that four out ten of these schools declined to either ‘requires improvement’ or the category of ‘inadequate’, in five cases, must be of concern. A further 15 ‘outstanding’ schools had a short inspection and, thus, remained with the same outcome.

Ofsted also commented that the number of schools that had improved from ‘requires improvement’ had declined, compared with previous years. However, ofsted noted that ‘This may be a sign that the remaining schools have more entrenched problems and will be harder to turn around.’

Ofsted has also looked at schools in the government’s opportunity areas that have received extra cash outside of the normal funding arrangements. As might be expected, there was a 10% different between the percentage of schools rated as ‘good’ or ‘outstanding’ in these areas and the national percentage of such schools. As ofsted observed, ‘The lower percentage of good and outstanding schools in opportunity areas is to be expected, as the areas were chosen on the basis of the problems they were experiencing.’

No doubt, at some point in the future, ofsted will comment on both the use of funding in these areas and the difference it makes to schools outside those areas, but facing similar or even more extreme challenges.

In the present complex structure of governance, the lack of local robust school improvement teams offering help to all schools, whether maintained, standalone academies, small or even large MATs means that ofsted can often only inspect after a school has begun to decline. Good local school improvement teams, funded across all schools, might well be able to prevent some declines from happening. MATs can make this happen as they can top slice their schools, but other schools cannot as easily do so.

When the country finally emerges from its Brexit travails, this is but one of many issues that will need to be addressed. One can but hope that such an outcome will be decided sooner rather than later.

CEOs pay: what’s happening?

A recent Chartered Institute of Personnel Development survey found that median pay for bosses of the UK’s biggest companies hit almost £4m last year – up from about £3.5m in 2016. https://www.bbc.co.uk/news/business-45183881

That set me thinking about the work the DfE undertook earlier this year in relation to the pay of CEOs of Multi Academy Trusts and whether or not the findings had been published anywhere?

Readers will recall that Eileen Milner, the chief executive of the Education and Skills Funding Agency, wrote in February to the chairs of 87 MATs employing individuals earning more than £150,000, asking them to explain their rationale for doing so by early March and to justify paying these salaries.

The intervention comes two days after the Department for Education minister, Lord Agnew, said that no MAT boss should receive a larger pay increase than their teaching staff and that CEOs should have their pay cut if there is a downturn in the performance of their schools. It follows a similar letter sent in December 2016 to single-academy trusts paying leaders more than £150,000. Lord Agnew’s February letter can be accessed at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683075/Lord_Theodore_Agnew_letter_to_chairs_of_academy_trusts.pdf

Further letters appear to have been written to some MATs in April and July seeking more information. These can be found at https://www.gov.uk/government/publications/letters-to-academy-trusts-about-levels-of-executive-pay 28 letters were sent in December 2017; 88 in February 2018 and a further 96 letters in either April or July 2018. With a final return date of 20th July, the EFSC should now have sufficient information to publish a report on the state of the most highly paid staff in the public education service.

There may be an issue relating to pensions should those not undertaking any teaching or direct site leadership of a school remain in the Teachers’ Pension Scheme. In the past, when becoming local authority staff most would have moved out of the TPS into the relevant LGPS for their authority. I don’t’ know how LGPS scheme managers and trustees, of which I am one for Oxfordshire’s scheme, would approach the arrival of such highly paid staff so near pensionable age, but the DfE does need to make clear the boundary for who can belong to the Teachers’ Pension Scheme even if they aren’t actually in a school?

The level of salaries paid to senior staff in the school system is clearly a matter that won’t go away. After all, perhaps 100 MATs paying more than most local authorities pay their Director of Children’s Services must be of concern in term of expenditure, especially once pension and other on-costs are added to the basic salary.

The problem really dates back to the Labour government and the development of Executive Headteacher roles without the government making it clear how such professionals should be paid. However, the seeds of that confusion date even further back into the early 1990s and the refusal to police the upper end of the Leadership Pay Scale for large schools facing recruitment difficulties. Failure to deal with a problem doesn’t always make it go away; sometimes it allows it to grow into a serious issue that is much harder to tackle as is now the case with the pay of CEOs of MATs.

 

 

 

School transfer costs

Once you move from a placed base system for the governance of schools, to one where a market model is the preferred choice, it is probably inevitable that each year schools will move between Multi- Academy Trusts for a variety of different reasons. Today, the DfE has published a note on their statistic pages about the number of such moves and the financial implications. https://www.gov.uk/government/statistics/academy-transfers-and-funding-england-financial-year-2017-to-2018

In the five years between 2013-14 and 2017-18, some 628 academies moved between MATs or MACs or moved from being single entities into a multi-school trust. Even though the overall number of academies managed as national schools has been increasing year by year, the percentage of academies moving has also been increasing. In 2013-14 the percentage of academies moving between or into Trusts was 0.5% of the overall total. By 2017-18, schools moving or joining Trusts accounted for 3.3% of the overall total of academies. It would have been helpful if the term financial year had been defined in the document. It must be assumed that it refers to the DfE’s financial year and not that of academies: they are not the same, and that has caused issues with the DfE’s accounts in the past.

In the days before the academy programme it is difficult to think of any local authority school being moved to another authority’s control, although whole authorities were broken up for a variety of reasons. Northamptonshire will be the next authority to see its remaining maintained schools split between two new unitary councils, after the financial problems that beset the county council earlier this yar. The DfE might like to publish data on the costs of such restructuring alongside these costs in the academy sector, just for comparison.

2017-18 was the first year that the number of schools receiving grant funding on moving between Trusts fell; from 60 schools the previous year to 49 in 2017-18. However, the savings were proportionally not as significant, as the bill over the two years such cash payments may be spread was only £370,000 less. Hopefully, there will be a larger decline in such expenditure in 2018-19.

Over the five year period, the cost to the system has been some £22 million. The DfE note explains what has been covered by this grant funding.

As the DfE explains, an academy can change trust arrangements only on the agreement of the Regional Schools Commissioner (RSC) acting on behalf of the Secretary of State (prior to 2014 decisions were taken by the Secretary of State).  It may apply to do so voluntarily – for example, a single academy may apply because it wants to benefit from the greater capacity (eg school improvement) from being part of a multi-academy trust; or the transfer may be initiated by the RSC because of concerns about the performance of the academy or the trust responsible for it.  The latter scenario is sometimes referred to as re-brokerage and is similar to intervention in local authority maintained schools, which sees them transformed into sponsored academies. Of course, before academies the local authority either had to solve the problems with the school or opt to close or amalgamate it with another school.

The largest sum identified in 2017-18 was for an academy in Stockport, where the cost identified was in excess of half a million pounds. Think what that cash might have done if used in other ways.