Greenwich in South East London already features in education law history for the ‘Greenwich Judgement’ on school choice. Today, it seemingly avoided the possibly of creating a second precedent by accepting that it would not be in the interest of local people to spend money defending any legal action by the DfE on closing schools.

As usual, there are pros and cons to both the Council’s position and that of the government at Westminster. What is lacking is a clear understanding of guidelines that fit a changing set of circumstances. The BBC’s World at One programme interviewed the Leader of Basildon Council – a Tory – where several schools are closed because of very high rates of infection. He defended that situation.

Generally, opinion is that education is a ‘good thing’ and leaving parents to arrange childcare at short notice can cause problems that should be avoided if at all possible. All the current issues were foreseeable, and the present situation demonstrates the lack of cooperative planning that is the hallmark of the present administration, and might yet be its downfall.

The issues are the same, where infection leads to transmission to higher risks groups from lower risks groups there is a danger, but within lower risks groups it is less of an issue. This appears to be the case with university students that remain in a group and don’t interact with the wider community. Schools are different, by their very community nature.

Low income, multi-generational households, especially in the non-White community, remain at very high risk from the pandemic and it is understandable that schools can play a part in the chain of transmission. But low income families have less space for on-line learning even if they have access to the technology.

So, no easy answer. But a set of criteria

Local public health officials can assess the trends and liaise with schools and education officers. Where more than a certain level of infections are present, local officials should notify the DfE of intending closure of a group of schools and provide the evidence in the same as a single school would use and there shouldn’t be an issue.

Where it becomes complicated is the notion of a ‘preventative closure’ to try to stop a spike happening. Surely, by now, we have enough evidence to set some criteria for where it is appropriate to close schools, and where it is better to keep them open?

Even with the vaccination programme, it seems likely that next term is going to be a challenging one for schools, their pupils and for parents. The clearer the agreed guidelines the better.